Jobs and Justice Act of 2020
This bill addresses a wide variety of domestic policy matters and focuses on economically distressed communities, opportunities for minorities and the disadvantaged, and civil rights enforcement. Included in the programs and requirements affected are those concerning the following areas:
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8352 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8352
To advance black families in the 21st Century.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2020
Ms. Bass (for herself, Ms. Norton, Ms. Waters, Mr. Bishop of Georgia,
Mr. Clyburn, Mr. Hastings, Ms. Johnson of Texas, Mr. Rush, Mr. Scott of
Virginia, Mr. Thompson of Mississippi, Ms. Jackson Lee, Mr. Danny K.
Davis of Illinois, Mr. Meeks, Ms. Lee of California, Mr. Clay, Mr.
David Scott of Georgia, Mr. Butterfield, Mr. Cleaver, Mr. Green of
Texas, Ms. Moore, Ms. Clarke of New York, Mr. Johnson of Georgia, Mr.
Carson of Indiana, Ms. Fudge, Mr. Richmond, Ms. Sewell of Alabama, Ms.
Wilson of Florida, Mr. Payne, Mrs. Beatty, Mr. Jeffries, Mr. Veasey,
Ms. Kelly of Illinois, Ms. Adams, Mrs. Lawrence, Ms. Plaskett, Mrs.
Watson Coleman, Mr. Evans, Ms. Blunt Rochester, Mr. Brown of Maryland,
Mrs. Demings, Mr. Lawson of Florida, Mr. McEachin, Mr. Horsford, Mr.
Neguse, Ms. Omar, Ms. Pressley, and Mr. Mfume) introduced the following
bill; which was referred to the Committee on the Judiciary, and in
addition to the Committees on Agriculture, Armed Services, the Budget,
Education and Labor, Energy and Commerce, Financial Services, Foreign
Affairs, Homeland Security, House Administration, Natural Resources,
Oversight and Reform, Rules, Science, Space, and Technology, Small
Business, Transportation and Infrastructure, Veterans' Affairs, and
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To advance black families in the 21st Century.
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 ``Jobs and Justice Act of 2020''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
DIVISION A--JOBS
TITLE I--MAIN STREET MARSHALL PLAN
Subtitle A--In General
Sec. 10101. Short title.
Sec. 10102. Submission of data relating to diversity by issuers.
Subtitle B--Infrastructure Spending Bills to Include Development
Programs That Recruit and Train Individuals From Communities With High
Unemployment Rates
Sec. 10201. Findings.
Sec. 10202. Sense of Congress.
Subtitle C--Drinking Water Infrastructure for Job Creation
Sec. 10301. Short title.
Sec. 10302. Findings.
Sec. 10303. Supplemental appropriations for the Drinking Water State
Revolving Funds.
Sec. 10304. Exemption from sequestration.
Subtitle D--Build Local, Hire Local
Sec. 10401. Short title.
Sec. 10402. Findings.
Sec. 10403. Definitions.
Part 1--Creating Jobs and Raising the Quality of Life in Every
Community
subpart a--creating local jobs across the country
Sec. 10411. Targeted hiring requirements for construction jobs created
by covered infrastructure programs.
Sec. 10412. Compliance with court orders.
subpart b--rebuilding our infrastructure with american business
Sec. 10421. Definitions.
Sec. 10422. Increasing meaningful small business participation.
Sec. 10423. Requiring meaningful participation from targeted
businesses.
Sec. 10424. Compliance with court orders.
Sec. 10425. Expansion of Small Business Administration surety bond
program.
subpart c--encouraging the use of u.s. employment plans and best-value
contracting analysis
Sec. 10431. Creating a best-value analysis for Federal expenditures on
infrastructure, use of U.S. Employment
Plans, and preferences for registered
apprenticeship programs and neutrality in
union organizing.
subpart d--improving safety, connectivity, and access to better
opportunities
Sec. 10441. Accessibility data program.
Sec. 10442. Establishment of performance measures for transportation
accessibility.
Sec. 10443. Technical assistance program.
Sec. 10444. Connect Communities Program.
Part 2--Launching Middle Class Career Pathways in Infrastructure
Sec. 10451. Building American Infrastructure and Careers Program.
Sec. 10452. Infrastructure workforce equity capacity building program.
Sec. 10453. Authorization of appropriations.
Part 3--Investing in High-quality American Jobs
Sec. 10461. Wage rate.
Sec. 10462. Raise labor standards, improve working conditions, and
strengthen workers' bargaining power.
Sec. 10463. Buy America Bureau.
Subtitle E--Transportation Infrastructure for Job Creation
Sec. 10501. Short title.
Sec. 10502. Findings.
Sec. 10503. Supplemental appropriations for BUILD discretionary grant
program.
Sec. 10504. Exemption from sequestration.
Subtitle F--Stephanie Tubbs Jones Assets for Independence
Reauthorization Act
Sec. 10601. Short title; reference.
Sec. 10602. Findings.
Sec. 10603. Sense of Congress.
Sec. 10604. Definitions.
Sec. 10605. Applications.
Sec. 10606. Demonstration authority; annual grants.
Sec. 10607. Reserve Fund.
Sec. 10608. Eligibility for participation.
Sec. 10609. Deposits by qualified entities.
Sec. 10610. Regulations.
Sec. 10611. Annual progress reports.
Sec. 10612. Sanctions.
Sec. 10613. Evaluations.
Sec. 10614. Costs of training qualified entities.
Sec. 10615. Waiver authority.
Sec. 10616. Authorization of appropriations.
Sec. 10617. Conforming amendments.
Sec. 10618. General effective date.
Subtitle G--Look-back Elimination
Sec. 10701. Short title.
Sec. 10702. Findings.
Sec. 10703. Elimination of the AFDC eligibility requirement in the
foster care maintenance payments program.
Sec. 10704. Sense of the Congress.
Subtitle H--Building Up Infrastructure and Limiting Disasters Through
Resilience
Sec. 10801. Short title.
Sec. 10802. Definitions.
Sec. 10803. Community Resilience Grant Program.
Sec. 10804. National Research Center for Resilience.
Sec. 10805. Annual programs report.
Sec. 10806. GAO reports.
Sec. 10807. Funding.
Subtitle I--Rebuild America's Schools
Sec. 10901. Short title.
Sec. 10902. Definitions.
Part 1--Grants for the Long-term Improvement of Public School
Facilities
Sec. 10911. Purpose and reservation.
Sec. 10912. Allocation to States.
Sec. 10913. Need-based grants to qualified local educational agencies.
Sec. 10914. Annual report on grant program.
Sec. 10915. Authorization of appropriations.
Part 2--School Infrastructure Bonds
Sec. 10921. Restoration of certain qualified tax credit bonds.
Sec. 10922. School infrastructure bonds.
Sec. 10923. Annual report on bond program.
Part 3--General Provisions
Sec. 10931. Allowable uses of funds.
Sec. 10932. Prohibited uses.
Sec. 10933. Green Practices.
Sec. 10934. Use of American iron, steel, and manufactured products.
Sec. 10935. Comptroller general report.
Sec. 10936. Study and report physical condition of public schools.
Sec. 10937. Development of data standards.
Sec. 10938. Information clearinghouse.
Part 4--Impact Aid Construction
Sec. 10941. Temporary increase in funding for impact aid construction.
Subtitle J--Rehabilitation of Historic Schools
Sec. 11101. Short title.
Sec. 11102. Qualification of rehabilitation expenditures for public
school buildings for rehabilitation credit.
Subtitle K--Today's American Dream
Sec. 11201. Job skills training for older individuals.
Sec. 11202. Extension of work opportunity tax credit for certain
targeted groups.
Sec. 11203. Youth and summer jobs.
Sec. 11204. Youthbuild program.
Sec. 11205. Tax credit for providing programs for students that promote
economic and financial literacy.
Sec. 11206. Teacher recruiting.
Sec. 11207. Recidivism reduction working group.
Sec. 11208. Commendable release program.
Sec. 11209. Increase in work opportunity tax credit for hiring
qualified ex-felons.
Sec. 11210. Entrepreneurship apprenticeships.
Sec. 11211. Expansion of eligible programs.
Subtitle L--Environmental Health Workforce
Sec. 11301. Short title.
Sec. 11302. Findings.
Sec. 11303. Model standards and guidelines for credentialing
environmental health workers.
Sec. 11304. Environmental Health Workforce Development Plan.
Sec. 11305. Environmental health workforce development report.
Sec. 11306. Public service loan forgiveness.
Sec. 11307. Definition.
Subtitle M--21st Century STEM for Girls and Underrepresented Minorities
Sec. 11401. Short title.
Sec. 11402. Grants to prepare girls and underrepresented minorities.
Subtitle N--Women's Equality Workforce Oversight
Sec. 11501. Short title.
Sec. 11502. GAO study.
Sec. 11503. Contents of study.
Sec. 11504. Report.
Subtitle O--Jobs Now
Sec. 11601. Short title.
Sec. 2. Grants to units of general local government.
Subtitle P--Back to Basics Job Creation
Sec. 11701. Short title.
Sec. 11702. Back to Basics Job Creation grant program.
Subtitle Q--Veterans Armed for Success
Sec. 11801. Short title.
Sec. 11802. Grants for provision of transition assistance to members of
the Armed Forces recently separated from
active duty service.
Subtitle R--Leveraging and Energizing America's Apprenticeship Programs
Sec. 11901. Short title.
Sec. 11902. Credit for employees participating in qualified
apprenticeship programs.
Subtitle S--Opening Doors for Youth
Sec. 12101. Short title.
Sec. 12102. Findings.
Sec. 12103. Authorization of appropriations.
Sec. 12104. Reservation of funds for administrative and other purposes.
Sec. 12105. Summer employment opportunities for at-risk youth.
Sec. 12106. Year-round employment for opportunity youth.
Sec. 12107. Connecting-for-opportunities competitive grant program.
Sec. 12108. Labor standards.
Sec. 12109. Privacy.
Sec. 12110. Innovation and learning.
Sec. 12111. Evaluation and reports.
Sec. 12112. Definitions.
Subtitle T--Raise the Wage
Sec. 12201. Short title.
Sec. 12202. Minimum wage increases.
Sec. 12203. Tipped employees.
Sec. 12204. Newly hired employees who are less than 20 years old.
Sec. 12205. Publication of notice.
Sec. 12206. Promoting economic self-sufficiency for individuals with
disabilities.
Sec. 12207. General effective date.
Sec. 12208. GAO report on the Commonwealth of the Northern Mariana
Islands.
Sec. 12209. GAO Report on Wage Increase Impact.
Subtitle U--Pay Equity for All
Sec. 12301. Short title.
Sec. 12302. Prohibitions relating to prospective employees' salary and
benefit history.
Subtitle V--21st Century Investment
Sec. 12601. Short title.
Sec. 12602. Increase in research credit for contracted research with
United States businesses.
Subtitle W--Protection of Social Security Benefits Restoration
Sec. 12801. Short title.
Sec. 12802. Protecting Social Security, Railroad retirement, and Black
Lung benefits from administrative offset.
Subtitle X--Federal Jobs Guarantee Development
Sec. 12901. Short title.
Sec. 12902. Job guarantee pilot program.
Subtitle Y--Blue Collar to Green Collar Jobs Development
Sec. 13101. Short title.
Part 1--Office of Economic Impact, Diversity, and Employment
Sec. 13111. Name of office.
Sec. 13112. Energy workforce development programs.
Sec. 13113. Authorization.
Part 2--Energy Workforce Development
Sec. 13121. Energy workforce development.
Sec. 13122. Energy workforce grant program.
Sec. 13123. Definitions.
Subtitle Z--Workforce Development Tax Credit
Sec. 13201. Short title.
Sec. 13202. Credit for wages paid to employees participating in
qualified apprenticeship programs.
Subtitle AA--Expanding Access to the Workforce Through Dual Enrollment
Sec. 13501. Short title.
Sec. 13502. Grant program.
Sec. 13503. Definitions.
Subtitle BB--Investing in Tomorrow's Workforce
Sec. 13601. Short title.
Sec. 13602. Tax credit for increasing worker training.
Subtitle CC--Direct Loans to Small Business Concerns
Sec. 13701. Direct loans to small business concerns.
Subtitle DD--Pilot Program to Fund Local Incubators
Sec. 13801. Pilot program to fund local incubators.
Subtitle EE--Improving Contract Procurement for Small Businesses
Through More Accurate Reporting
Sec. 13901. Short title.
Sec. 13902. Reporting requirements for certain small business concerns.
Subtitle FF--Expanding Broadcast Ownership Opportunities
Sec. 14201. Short title.
Sec. 14202. Findings.
Sec. 14203. FCC reports to Congress.
Sec. 14204. Tax certificate program for broadcast station transactions
furthering ownership by socially
disadvantaged individuals.
Sec. 14205. Incubator program.
Sec. 14206. Definitions.
Subtitle GG--Promote Startups Act
Sec. 14301. Short title.
Sec. 14302. Permanent increase of limitation on deduction for start-
upand organizational expenditures.
Subtitle HH--Inspector General Report on Participation in FAA Programs
by Disadvantaged Small Business Concerns
Sec. 14501. Inspector General report on participation in FAA programs
by disadvantaged small business concerns.
Sec. 14502. Minority and disadvantaged business participation.
Sec. 14503. Passenger facility charges.
Sec. 14504. Annual tracking of certain new firms at airports with a
disadvantaged business enterprise program.
Sec. 14505. Audits.
Subtitle II--Disabled Access Credit Expansion
Sec. 14601. Short title.
Sec. 14602. Expansion of credit for expenditures to provide access to
disabled individuals.
Sec. 14603. Alternative means of dispute resolution involving
disability rights.
Sec. 14604. ADA Information Line data collection report.
Subtitle JJ--RESCUE Act for Black and Community Banks
Sec. 14701. Short title.
Sec. 14702. Regulation of Black and Community Banks.
Sec. 14703. Codification of the Minority Bank Deposit Program.
Sec. 14704. GAO Studies.
Sec. 14705. Definitions.
Subtitle KK--Small Business Start-up Savings Accounts
Sec. 14801. Short title.
Sec. 14802. Establishment of Small Business Start-up Savings Accounts.
Subtitle LL--Small Business Development Centers and Women's Business
Centers Tax Compliance Costs
Sec. 14901. Grants to small business development centers and women's
business centers to address rising costs of
tax compliance for small business concerns.
Subtitle MM--Hire A Hero
Sec. 15101. Short title.
Sec. 15102. Work opportunity credit to small businesses for hiring
members of Ready Reserve or National Guard.
Sec. 15103. Permanent extension of work opportunity credit for
employers hiring qualified veterans and
members of Ready Reserve and National
Guard.
Subtitle NN--Jobs, On-the-Job ``Earn-While-You-Learn'' Training, and
Apprenticeships for Young African-Americans
Sec. 15201. Short title.
Sec. 15202. Findings and purpose.
Sec. 15203. Sense of Congress.
Sec. 15204. Urging employment, on-the-job training, and apprenticeships
for unemployed young African Americans in
rebuilding the Nation's crumbling
infrastructure.
Subtitle OO--Media Diversity
Sec. 15301. Findings.
Sec. 15302. Sense of Congress.
Subtitle PP--Federal Jobs
Sec. 15401. Short title; definitions.
Sec. 15402. Executive branch Diversity and Inclusion Initiative and
Strategic Plan.
Sec. 15403. Responsibilities of agencies.
Sec. 15404. Legislative and judicial branches.
Sec. 15405. Diversity in Government procurement and grantmaking.
Subtitle QQ--Urban Progress
Sec. 15501. Short title .
Part 1--Sustainable Community Economic Development
subpart a--rental assistance housing preservation and rehabilitation
act
Sec. 15511. Short title.
Sec. 15512. Amendments to rental assistance demonstration.
subpart b--hire for a second chance act
Sec. 15521. Short title.
Sec. 15522. Extension and modification of work opportunity tax credit.
subpart c--community investment and empowerment act
Sec. 15531. Short title.
Sec. 15532. Purpose.
Sec. 15533. Economic growth, retention, and recruitment of commercial
investment in underserved communities.
subpart d--promote start-ups act
Sec. 15541. Short title.
Sec. 15542. Permanent increase of limitation on deduction for start-up
and organizational expenditures.
subpart e--community college to career fund act
Sec. 15551. Short title.
Sec. 15552. Community College to Career Fund.
subpart f--youth summer jobs and public service act
Sec. 15561. Short title.
Sec. 15562. Grants to States for summer employment for youth.
subpart g--child poverty reduction act
Sec. 15571. Short title.
Chapter 1--Federal Interagency Working Group on Reducing Child Poverty
Sec. 15572. Establishment of Working Group.
Sec. 15573. National plan to reduce child poverty.
Sec. 15574. Other duties.
Sec. 15575. Membership.
Sec. 15576. Director and staff.
Sec. 15577. Reporting requirements.
Chapter 2--Workshops by National Academy of Sciences
Sec. 15578. Requirement to enter into agreement with National Academy
of Sciences.
Sec. 15579. Workshop topics.
Sec. 15580. Reporting requirement.
Sec. 15581. Authorization of appropriations.
Chapter 3--Definitions
Sec. 15582. Definitions.
subpart h--hunger-free summers for children
Sec. 15591. Summer SNAP benefits for minor children who received free
or reduced price school lunches.
Sec. 15592. Child tax credit increased for families under 150 percent
of poverty line.
Part 2--Community Policing
subpart a--fair chance for youth
Sec. 15601. Short title.
Sec. 15602. Expungement and sealing of youth criminal records.
Sec. 15603. Retroactive effect.
subpart b--youth prison reduction through opportunities, mentoring,
intervention, support, and education
Sec. 15611. Short title.
Sec. 15612. Definitions.
Sec. 15613. Findings.
Chapter 1--Federal Coordination of Local and Tribal Juvenile Justice
Information and Efforts
Sec. 15614. PROMISE Advisory Panel.
Sec. 15615. Geographic assessment of resource allocation.
Chapter 2--Promise Grants
Sec. 15616. Purposes.
subchapter a--promise assessment and planning grants
Sec. 15617. PROMISE Assessment and Planning grants authorized.
Sec. 15618. PROMISE Coordinating Councils.
Sec. 15619. Needs and strengths assessment.
Sec. 15620. PROMISE Plan components.
Sec. 15621. Authorization of appropriations.
subchapter b--promise implementation grants
Sec. 15622. PROMISE Implementation grants authorized.
Sec. 15623. PROMISE Implementation grant application requirements.
Sec. 15624. Grant award guidelines.
Sec. 15625. Reports.
Sec. 15626. Authorization of appropriations.
subchapter c--general promise grant provisions
Sec. 15627. Nonsupplanting clause.
Sec. 15628. Grant application review panel.
Sec. 15629. Evaluation of PROMISE grant programs.
Sec. 15630. Reservation of funds.
Chapter C--PROMISE Research Centers
Sec. 15631. Establishment of the National Research Center for Proven
Juvenile Justice Practices.
Sec. 15632. Grants for regional research proven practices partnerships.
subpart c--safe streets and representative police forces
Sec. 15641. Short title.
Sec. 15642. Grants to increase the racial diversity of law enforcement
agencies.
Part 3--Common Sense Gun Violence Prevention
subpart a--hadiya pendleton and nyasia pryear-yard gun trafficking and
crime prevention
Sec. 15701. Short title.
Sec. 15702. Firearms trafficking.
subpart b--report on effects of gun violence on public health
Sec. 15711. Report on effects of gun violence on public health.
Sec. 15712. Prohibition on certain amendments to appropriations
measures.
subpart c--keeping guns from high-risk individuals
Sec. 15721. Short title.
Sec. 15722. Firearm prohibitions applicable with respect to certain
high-risk individuals.
subpart d--strengthening gun checks act
Sec. 15731. Short title.
Chapter 1--Ensuring That All Individuals Who Should Be Prohibited From
Buying a Gun Are Listed in the National Instant Criminal Background
Check System
Sec. 15732. States to make data electronically available to the
National Instant Criminal Background Check
System.
Sec. 15733. Requirement that Federal agencies certify that they have
submitted to the National Instant Criminal
Background Check System all records
identifying persons prohibited from
purchasing firearms under Federal law.
Sec. 15734. Adjudicated as a mental defective.
Sec. 15735. Clarification that Federal court information is to be made
available to the National Instant Criminal
Background Check System.
Chapter 2--Requiring a Background Check for Every Firearm Sale
Sec. 15736. Purpose.
Sec. 15737. Firearms transfers.
Sec. 15738. Lost and stolen reporting.
Chapter 3--Background Check Completion Act
Sec. 15741. Short title.
Sec. 15742. Elimination of requirement that a firearms dealer transfer
a firearm if the National Instant Criminal
Background Check System has been unable to
complete a background check of the
prospective transferee within 3 business
days.
Part 4--Mental Health
Sec. 15801. Priority mental health needs of regional and national
significance.
Sec. 15802. Annual report on adverse childhood experiences of certain
children in communities facing civil
unrest.
Subtitle RR--Transportation Workforce Modernization Act
Sec. 15901. Short title.
Sec. 15902. Transportation Worker Retraining Grant Program.
Sec. 15903. GAO study.
Subtitle SS--Skill and Knowledge Investments Leverage Leaders' Untapped
Potential Tax Credit
Sec. 16101. Short title.
Sec. 16102. Work opportunity tax credit for participation in qualifying
work-based learning programs.
Subtitle TT--Saving Our Street
Sec. 17101. Short title.
Sec. 17102. Grants to small businesses.
Sec. 17103. Direct appropriation.
Subtitle UU--Veteran Small Business Start-up Credit
Sec. 18101. Short title.
Sec. 18102. Veteran small business start-up credit.
TITLE II--SOCIAL ECONOMIC
Subtitle A--Commission to Study and Develop Reparation Proposals for
African-Americans
Sec. 20101. Short title.
Sec. 20102. Findings and purpose.
Sec. 20103. Establishment and duties.
Sec. 20104. Membership.
Sec. 20105. Powers of the Commission.
Sec. 20106. Administrative provisions.
Sec. 20107. Termination.
Sec. 20108. Authorization of appropriations.
Subtitle B--Today's American Dream
Sec. 20201. Short title.
Part 1--Retail Redlining and Food Deserts
Sec. 20211. Economic growth, retention, and recruitment of commercial
investment in economically underserved
communities.
Sec. 20212. Producer discretion to plant additional fruits and
vegetables on base acres to alleviate food
deserts without a resulting reduction in
payment acres.
Part 2--Digital Infrastructure
Sec. 20221. GAO report on Federal efforts to expand broadband service.
Part 3--Direct Lending
Sec. 20231. Direct loans to small business concerns.
Part 4--New Economy and Innovation Investment
Sec. 20241. Commission on Innovation.
Sec. 20242. Pilot program to fund local incubators.
Sec. 20243. Extension and improvement of new markets tax credit.
Sec. 20244. Race to the Shop.
Part 5--Expanded Access to Care
Sec. 20251. Study on the uninsured.
Sec. 20252. Volunteer dental projects and action for dental health
program.
Sec. 20253. Critical access hospital improvements.
Sec. 20254. Community health center collaborative access expansion.
Subtitle C--Minority Bank Deposit Program
Sec. 20301. Findings.
Sec. 20302. Minority Bank Deposit Program.
Sec. 20303. Amendments to the Community Reinvestment Act.
Sec. 20304. Considerations when assessing financial inclusion for
federally chartered financial institutions.
Subtitle D--Ensuring Diverse Leadership
Sec. 20401. Short title.
Sec. 20402. Congressional Findings.
Sec. 20403. Federal reserve bank presidents.
Sec. 20404. Technical adjustments.
Subtitle E--Startup Opportunity Accelerator
Sec. 20501. Short title.
Sec. 20502. Findings.
Sec. 20503. Funding for organizations that support startup businesses.
Subtitle F--New Markets Tax Credit Extension
Sec. 20601. Short title.
Sec. 20602. Permanent extension of new markets tax credit.
Subtitle G--Extension of the Caribbean Basin Economic Recovery
Sec. 20701. Short title.
Sec. 20702. Extension of the Caribbean Basin Economic Recovery Act.
Subtitle H--Automotive Jobs
Sec. 20801. Short title.
Sec. 20802. Study of well-being of United States automotive industry;
stay of action on certain investigation.
Subtitle I--Revitalizing Underdeveloped Rural Areas and Lands
Sec. 20901. Short title.
Sec. 20902. Modification of income for purposes of determining tax-
exempt status of certain mutual or
cooperative telephone or electric
companies.
Subtitle J--Consumer Financial Education and Empowerment
Sec. 21001. Short title.
Sec. 21002. Financial literacy grant program.
Subtitle K--Department of Homeland Security Mentor-Protege Program
Sec. 21101. Short title.
Sec. 21102. Department of Homeland Security mentor-protege program.
Subtitle L--Borderland Takings Defense Fund
Sec. 21201. Short title.
Sec. 21202. Defense fund for private landowners.
Subtitle M--Examining Educational Redlining and Lending Act
Sec. 21301. Short title.
Sec. 21302. Assessment of certain educational data.
TITLE III--POVERTY ALLEVIATION
Subtitle A--10-20-30
Sec. 30101. Short title.
Sec. 30102. Allocation of funds for assistance in persistent poverty
counties.
Subtitle B--EITC Modernization
Sec. 30201. Short title.
Sec. 30202. Findings.
Sec. 30203. Modifications of the earned income tax credit.
Sec. 30204. Return preparation programs for low-income taxpayers.
Subtitle C--End Diaper Need
Sec. 30301. Short title.
Sec. 30302. Diaper distribution demonstration project.
Sec. 30303. Improving access to diapers for medically complex children.
Sec. 30304. Inclusion of diapers and diapering supplies as qualified
medical expenses.
Subtitle D--Closing the Meal Gap
Sec. 30401. Short title.
Sec. 30402. Amendments.
Sec. 30403. Effective date; application of amendments.
Subtitle E--American Opportunity Accounts
Sec. 30501. Short title.
Part I--American Opportunity Accounts
Sec. 30511. Definitions.
Sec. 30512. American Opportunity Fund.
Sec. 30513. AO accounts.
Sec. 30514. Assignment, alienation, and treatment of deceased
individuals.
Sec. 30515. Rules governing AO accounts relating to investment,
accounting, and reporting.
Sec. 30516. American Opportunity Fund Board.
Sec. 30517. Fiduciary responsibilities.
Sec. 30518. Accounts disregarded in determining eligibility for Federal
benefits.
Sec. 30519. Reports.
Sec. 30520. Programs for promoting financial capability.
Sec. 30521. Tax treatment.
Part II--Revenue Provisions
subpart a--estate and gift tax provisions
Sec. 30531. Modification of estate tax rate and basic exclusion amount.
Sec. 30532. Required minimum 10-year term, etc., for grantor retained
annuity trusts.
Sec. 30533. Certain transfer tax rules applicable to grantor trusts.
Sec. 30534. Simplifying gift tax exclusion for annual gifts.
Sec. 30535. Modification of rules for value of certain farm real
property.
subpart b--reform of taxation of capital income
Sec. 30541. Increase in capital gains rate.
Sec. 30542. Deemed realization of capital gains at time of gift or
death.
Sec. 30543. Exclusion of certain amounts of realized capital gain.
Sec. 30544. Extension of time for payment of tax.
Sec. 30545. Waiver of penalty for underpayment of estimated tax.
Sec. 30546. Effective date.
Subtitle F--Low-Income Water Customer Assistance Programs
Sec. 30601. Short title.
Sec. 30602. Low-income drinking water assistance pilot program.
Sec. 30603. Low-income wastewater assistance pilot program.
Sec. 30604. Needs assessment for nationwide rural and urban low-income
community water assistance program.
Subtitle G--Worker Relief and Credit Reform
Sec. 30701. Short title.
Sec. 30702. Expansion and improvement of earned income tax credit.
Subtitle H--School Modernization and Efficient Access to Lunches for
Students
Sec. 30801. Short title.
Sec. 30802. Expanding direct certification.
Sec. 30803. Direct certification improvement grants and technical
assistance.
Sec. 30804. Enhancing the community eligibility option.
Sec. 30805. Enhancing direct certification.
Sec. 30806. State performance on enrolling children receiving program
benefits for free school meals.
Subtitle I--Protect SNAP
Sec. 30901. Short title.
Sec. 30902. Preventing the changing of regulations governing waivers
under the supplemental nutrition assistance
program.
Sec. 30903. Restriction on Federal funds.
Subtitle J--Protections Against Poverty
Sec. 31001. Findings.
Sec. 31002. Sense of the House of Representatives.
Subtitle K--LIFT (Livable Incomes for Families Today) the Middle Class
Sec. 31101. Short title.
Sec. 31102. Establishment of middle class tax credit.
Sec. 31103. Return preparation programs for low-income taxpayers.
Sec. 31104. Sense of the House of Representatives.
Subtitle L--Financial Inclusion in Banking
Sec. 31201. Short title.
Sec. 31202. Office of Community Affairs duties with respect to under-
banked, un-banked, and underserved
consumers.
Sec. 31203. Discretionary surplus funds.
Sec. 31204. Determination of Budgetary Effects.
Subtitle M--Investing in State Energy
Sec. 31301. Short title.
Sec. 31302. Timing for distribution of certain financial assistance
under the State energy program and the
Weatherization Assistance Program.
Subtitle N--Pathways Out of Poverty
Sec. 31401. Findings.
Sec. 31402. Definitions.
Sec. 31403. Establishment of the Federal Interagency Working Group on
Reducing Poverty.
Sec. 31404. Appointment and responsibilities of the Director.
Sec. 31405. Consultation.
Sec. 31406. Reports to Congress and the public.
TITLE IV--HOUSING AND ASSET BUILDING
Subtitle A--Affirming the Right of All Renters to a Safe, Affordable,
and Decent Home
Sec. 40101. Findings.
Sec. 40102. Sense of Congress.
Subtitle B--Ending Homelessness
Sec. 40201. Short title.
Sec. 40202. Congressional findings.
Sec. 40203. Emergency relief funding.
Sec. 40204. Housing Trust Fund.
Sec. 40205. Technical assistance funds to help states and local
organizations align health and housing
systems.
Sec. 40206. Permanent authorization of appropriations for McKinney-
Vento Homeless Assistance Act grants.
Sec. 40207. Permanent extension of United States Interagency Council on
Homelessness.
Sec. 40208. Emergency designation.
Subtitle C--Tenant Protection
Sec. 40301. Short title.
Sec. 40302. Tenant blacklisting.
Subtitle D--Hardest Hit Housing
Sec. 40401. Short title.
Sec. 40402. Capital Fund amounts for large public housing agencies.
Sec. 40403. Assistance to NeighborWorks for mortgage foreclosure
mitigation activities.
Sec. 40404. Incremental housing choice voucher assistance.
Subtitle E--FHA Alternative Credit Pilot Program Reauthorization
Sec. 40501. Short title.
Sec. 40502. Extension of pilot program.
Subtitle F--Housing Financial Literacy
Sec. 40601. Short title.
Sec. 40602. Discount on mortgage insurance premium payments for first-
time homebuyers who complete financial
literacy housing counseling programs.
Subtitle G--Young Americans Financial Literacy
Sec. 40701. Short title.
Sec. 40702. Findings.
Sec. 40703. Authorization for funding the establishment of centers of
excellence in financial literacy education.
Subtitle H--Improving Access to Traditional Banking
Sec. 40801. Short title.
Sec. 40802. Office for Under-Banked and Un-Banked Consumers.
Subtitle I--Fair Lending For All
Sec. 40901. Short title.
Sec. 40902. Office of Fair Lending Testing.
Sec. 40903. Prohibition on credit discrimination.
Sec. 40904. Criminal penalties for violations of the Equal Credit
Opportunity Act.
Sec. 40905. Review of loan applications.
Sec. 40906. Mortgage data collection.
Subtitle J--LEP Data Acquisition in Mortgage Lending
Sec. 41001. Short title.
Sec. 41002. Preferred language question.
Subtitle K--Housing, Opportunity, Mobility and Equity
Sec. 41101. Short title.
Sec. 41102. Requirement for CDBG grantees.
Sec. 41103. Refundable credit for rent costs of eligible individuals.
Sec. 41104. Refund to Rainy Day Savings Program.
Subtitle L--Lead-Safe Housing For Kids
Sec. 41201. Short title.
Sec. 41202. Amendments to the Lead-Based Paint Poisoning Prevention
Act.
Sec. 41203. Authorization of appropriations.
Subtitle M--GROW Affordable Housing
Sec. 41301. Short titles.
Sec. 41302. Affordable housing allocations.
Subtitle N--Expanding Opportunity for MDIs
Sec. 41401. Short title.
Sec. 41402. Establishment of Financial Agent Mentor-Protege Program.
Subtitle O--Closing the Racial Wealth Gap
Sec. 41501. Short title.
Sec. 41502. Findings.
Sec. 41503. Data collection on race and wealth.
Subtitle P--Housing Financial Literacy
Sec. 41601. Short title.
Sec. 41602. Discount on mortgage insurance premium payments for first-
time homebuyers who complete financial
literacy housing counseling programs.
Subtitle Q--Rent Relief
Sec. 41701. Short title.
Sec. 41702. Refundable credit for rent paid for principal residence.
Subtitle R--Safe Housing For Families
Sec. 41801. Short title.
Sec. 41802. Carbon monoxide detectors in federally assisted housing.
Subtitle S--COVID-19 Mortgage Relief
Sec. 41901. Mortgage relief.
Subtitle T--Improving FHA Support for Small Dollar Mortgages Act
Sec. 42001. Short title.
Sec. 42002. Review of FHA small-dollar mortgage practices.
Subtitle U--Rental Eviction Moratorium
Sec. 42101. Short title.
Sec. 42102. Temporary moratorium on eviction filings.
TITLE V--EDUCATION
Subtitle A--Computer Science for All
Sec. 50101. Short title.
Sec. 50102. Findings.
Sec. 50103. Definitions.
Sec. 50104. Grants to states, local educational agencies, and eligible
Tribal schools.
Sec. 50105. Reporting requirements.
Subtitle B--Real Education for Healthy Youth
Sec. 50201. Short title.
Sec. 50202. Purposes; finding; sense of Congress.
Sec. 50203. Grants for comprehensive sex education for adolescents.
Sec. 50204. Grants for comprehensive sex education at institutions of
higher education.
Sec. 50205. Grants for pre-service and in-service teacher training.
Sec. 50206. Impact evaluation and reporting.
Sec. 50207. Nondiscrimination.
Sec. 50208. Limitation.
Sec. 50209. Amendments to other laws.
Sec. 50210. Definitions.
Sec. 50211. Funding.
Subtitle C--Ronald V. Dellums Memorial Fellowship for Women of Color in
STEAM and National Security
Sec. 50301. Short title.
Sec. 50302. Findings.
Sec. 50303. Fellowship program.
Subtitle D--Student Support
Sec. 50401. Short title.
Sec. 50402. School-based mental health and student service providers.
Subtitle E--Expressing the Sense of the House of Representatives
Regarding the Need for Increased Diversity and Inclusion in the Tech
Sector, and Increased Access to Opportunity in Science, Technology,
Engineering, Arts, and Mathematics (STEAM) Education
Sec. 50501. Findings.
Sec. 50502. Necessity of Reducing and eliminating barriers for
minorities in STEAM.
Subtitle F--Supporting the Goals and Ideals of No Name-Calling Week in
Bringing Attention to Name-calling of All Kinds and Providing Schools
With the Tools and Inspiration to Launch an Ongoing Dialogue About Ways
to Eliminate Name-calling and Bullying in Their Communities
Sec. 50601. Findings.
Sec. 50602. Necessity of additional protections for LGBT Youth in
schools.
Subtitle G--Getting Youth Re-invested in Environmental Education Now
Sec. 50701. Short title.
Sec. 50702. Findings.
Sec. 50703. Grants authorized.
Subtitle H--America's College Promise
Sec. 50801. Short title.
Sec. 50802. Purpose.
Part 1--STATE AND INDIAN TRIBE GRANTS FOR COMMUNITY COLLEGES
Sec. 50811. In general.
Sec. 50812. Federal share; non-Federal share.
Sec. 50813. Eligibility.
Sec. 50814. Applications.
Sec. 50815. Allowable uses of funds.
Sec. 50816. Definitions.
Sec. 50817. Appropriations.
Part 2--Grants to Historically Black Colleges and Universities,
Hispanic-Serving Institutions, Asian American and Native American
Pacific Islander-Serving Institutions, Tribal Colleges and
Universities, Alaska Native-Serving Institutions, Native Hawaiian-
Serving Institutions, Predominantly Black Institutions, and Native
American-Serving Nontribal Institutions
Sec. 50821. Pathways to student success for historically black colleges
and universities.
Sec. 50822. Pathways to student success for Hispanic-serving
institutions, Asian American and Native
American Pacific Islander-serving
institutions, tribal colleges and
universities, Alaska Native-serving
institutions, Native Hawaiian-serving
institutions, predominantly Black
institutions, and Native American-serving
nontribal institutions.
Sec. 50823. Definitions.
Sec. 50824. Appropriations.
Subtitle I--Go to High School, Go to College
Sec. 50901. Short title.
Sec. 50902. College in High School Federal Pell Grant Pilot Program.
Subtitle J--America RISING
Sec. 51101. Short title.
Sec. 51102. Findings.
Sec. 51103. Establishment of America RISING program.
Subtitle K--Cyber Security Education and Federal Workforce Enhancement
Act
Sec. 51201. Short title.
Sec. 51202. Findings.
Part 1--Department of Homeland Security K-12 Excellence in Science and
Technology
Sec. 51211. Office of Cybersecurity Education and Awareness.
Sec. 51212. Science and technology initiative grants.
Sec. 51213. Project-based learning program.
Sec. 51214. Matching funds for State and privately financed science and
technology after-school programs.
Sec. 51215. Science and Technology Board of Advisors.
Sec. 51216. Laboratories for science and technology excellence.
Part 2--Post-Secondary Computer and Information Security Education
Sec. 51221. Computing and Information Research Working Group.
Sec. 51222. Process for adoption research and a best practices
voluntary guidelines for laboratory
facilities.
Sec. 51223. Computing and information security mentoring programs for
college students.
Sec. 51224. Grants for computer equipment.
Sec. 51225. Centers of Academic Computing and Information Assurance.
Part 3--Federal Workforce Computer and Information Security
Professional Development
Sec. 51231. Lifelong learning in computer and information security
study.
Sec. 51232. Computer and information security job opportunities
program.
Sec. 51233. Department of Homeland Security Cybersecurity training
programs and equipment.
Sec. 51234. E-Security Fellows Program.
Part 4--Research
Sec. 51241. National Science Foundation study on science and technology
student retention.
Sec. 51242. Challenge Grants.
Sec. 51243. E-Security Fellows Program.
Subtitle L--College Student Hunger
Sec. 51301. Short title.
Sec. 51302. Eligibility of students to participate in the supplemental
nutrition assistance program.
Sec. 51303. Eligibility notification for students.
Sec. 51304. Communication of information on student eligibility for the
supplemental nutrition assistance program.
Sec. 51305. Demonstration pilot program.
Sec. 51306. Effective date.
Subtitle M--CAMPUS HATE Crimes
Sec. 51401. Short title.
Sec. 51402. Findings.
Sec. 51403. Hate crime prevention and response.
Sec. 51404. Clery Act amendments.
Sec. 51405. Program participation agreements.
Sec. 51406. Accrediting agency recognition.
Subtitle N--HBCU Capital Financing Improvement
Sec. 51501. Short title.
Sec. 51502. Bond insurance.
Sec. 51503. Strengthening technical assistance.
Sec. 51504. HBCU Capital Financing Advisory Board.
Subtitle O--Transition-to-Success Mentoring
Sec. 51601. Short title.
Sec. 51602. Transition-to-Success Mentoring Program.
Sec. 51603. Table of contents.
Subtitle P--Equity and Inclusion Enforcement
Sec. 51701. Short title.
Sec. 51702. Restoration of right to civil action in disparate impact
cases under title VI of the Civil Rights
Act of 1964.
Sec. 51703. Designation of monitors under title VI of the Civil Rights
Act of 1964.
Sec. 51704. Special assistant for equity and inclusion.
Subtitle Q--Pell Grant Preservation and Expansion
Sec. 51801. Short title.
Sec. 51802. Findings.
Sec. 51803. References.
Sec. 51804. Funding Federal Pell Grants through mandatory funding.
Sec. 51805. Restoring Federal Pell Grant eligibility for borrower
defense.
Sec. 51806. Federal Pell Grant eligibility for DREAMer students.
Sec. 51807. Repeal of suspension of eligibility under the Higher
Education Act of 1965 for grants, loans,
and work assistance for drug-related
offenses.
Sec. 51808. Extending Federal Pell Grant eligibility of certain short-
term programs.
Sec. 51809. Providing Federal Pell grants for Iraq and Afghanistan
veteran's dependents.
Sec. 51810. Increasing support for working students by 35 percent.
Sec. 51811. Increasing the Federal Pell Grant auto-zero threshold.
Sec. 51812. Raising the total semesters of Federal Pell Grant
eligibility.
Sec. 51813. Conforming amendments.
Sec. 51814. Effective date.
Subtitle R--Student Loan Debt Relief
Sec. 51901. Short title.
Sec. 51902. Table of contents.
Part 1--Loan Discharge and Forbearance
Sec. 51911. Loan discharge.
Sec. 51912. Automatic administrative forbearance; halting of wage
garnishment.
Sec. 51913. Staying and prohibition on commencement of actions for
collection.
Sec. 51914. Ineligibility for Treasury Offset.
Part 2--Refinancing Programs
Sec. 51921. Refinancing programs.
Part 3--Dischargeability of Student Loans in Bankruptcy
Sec. 51931. Dischargeability of student loans in bankruptcy.
Part 4--General Provisions
Sec. 51941. Report on progress of implementation.
Sec. 51942. Notification to borrowers.
Sec. 51943. Inapplicability of title IV negotiated rulemaking and
master calendar exception.
Sec. 51944. Definitions.
Subtitle S--Public Funds for Public Schools
Sec. 52001. Short title.
Sec. 52002. Elimination of school voucher State tax credit loophole by
limiting the double benefit of charitable
contributions.
Subtitle T--Ending PUSHOUT
Sec. 52101. Short title.
Sec. 52102. Purpose.
Sec. 52103. Strengthening civil rights data collection with respect to
exclusionary discipline in schools.
Sec. 52104. Grants to reduce exclusionary school discipline practices.
Sec. 52105. Joint task force to end school pushout of girls of color.
Sec. 52106. Authorization of appropriation.
Sec. 52107. Definitions.
Subtitle U--Parent PLUS Loan Improvement
Sec. 52301. Short title.
Sec. 52302. Applicable rate of interest for PLUS Loans.
Sec. 52303. Elimination of origination fee for Parent PLUS loans.
Sec. 52304. Counseling for Parent PLUS borrowers.
Sec. 52305. Inclusion of parent PLUS loans in income-contingent and
income-based repayment plans.
Subtitle V--Time for Completion
Sec. 52401. Short title.
Sec. 52402. Consumer information about completion or graduation times.
Subtitle W--Strength in Diversity
Sec. 52501. Short title.
Sec. 52502. Purpose.
Sec. 52503. Reservation for national activities.
Sec. 52504. Grant program authorized.
Sec. 52505. Applications.
Sec. 52506. Uses of funds.
Sec. 52507. Performance measures.
Sec. 52508. Annual reports.
Sec. 52509. Authorization of appropriations.
Sec. 52510. Definitions.
Subtitle X--Reverse Transfer Efficiency
Sec. 52601. Short title.
Sec. 52602. Release of education records to facilitate the award of a
recognized postsecondary credential.
Subtitle Y--Supporting Minority STEM Student to Career
Sec. 52701. Short title.
Sec. 52702. Minority science and engineering improvement program.
Subtitle Z--END ALL Hazing
Sec. 52801. Short title.
Sec. 52802. Findings.
Sec. 52803. Hazing reporting requirements for institutions of higher
education.
Subtitle AA--Report and Educate About Campus Hazing
Sec. 52901. Short title.
Sec. 52902. Inclusion of hazing incidents in annual security reports.
Sec. 52903. Definition of hazing.
Sec. 52904. Recording of hazing incidents.
Sec. 52905. Educational program on hazing.
Subtitle BB--STOP Campus Hunger
Sec. 53001. Short title.
Sec. 53002. Student eligibility information for nutrition assistance
programs.
Subtitle CC--End Pandemic Hunger for College Students
Sec. 53101. Short title.
Sec. 53102. SNAP eligibility for low-income college students.
Subtitle DD--Supporting Connectivity for Higher Education Students in
Need
Sec. 53201. Short title.
Sec. 53202. Funds to support.
Subtitle EE--Black History Is American History
Sec. 53301. Short title.
Sec. 53302. Findings.
Sec. 53303. American history and civics education.
Subtitle FF--CAMPUS HATE Crimes
Sec. 53401. Short title.
Sec. 53402. Findings.
Sec. 53403. Hate crime prevention and response.
Sec. 53404. Clery Act amendments.
Sec. 53405. Program participation agreements.
Sec. 53406. Accrediting agency recognition.
Subtitle GG--Educators Expense Deduction Modernization
Sec. 53501. Short title.
Sec. 53502. Increase in deduction for certain expenses of elementary
and secondary school teachers.
Subtitle HH--Beyond the Box for Higher Education
Sec. 53601. Short title.
Sec. 53602. Findings.
Sec. 53603. Beyond the box for higher education.
Sec. 53604. Financial aid.
Subtitle II--United States Territories College Access
Sec. 53701. Short title.
Sec. 53702. Purpose.
Sec. 53703. College access grants.
Subtitle JJ--Relief From Excessive Debt
Sec. 53901. Short title.
Sec. 53902. Exception to discharge.
Sec. 53903. Conforming amendments.
Sec. 53904. Effective date; application of amendments.
Subtitle KK--Ending Punitive, Unfair, School-based Harm That Is Overt
and Unresponsive to Trauma
Sec. 54001. Short title.
Sec. 54002. Purpose.
Sec. 54003. Strengthening civil rights data collection with respect to
exclusionary discipline in schools.
Sec. 54004. Grants to reduce exclusionary school discipline practices.
Sec. 54005. Joint task force to end school pushout of girls of color.
Sec. 54006. Authorization of appropriation.
Sec. 54007. Definitions.
Subtitle LL--Building Resources Into Digital Growth and Education
Sec. 54101. Short title.
Sec. 54102. Establishment of program.
Sec. 54103. Definitions.
Subtitle MM--Supporting Trauma-Informed Education Practices
Sec. 54301. Short title.
Sec. 54302. Grants to improve trauma support services and mental health
care for children and youth in educational
settings.
Subtitle NN--Preparing and Resourcing Our Student Parents and Early
Childhood Teachers
Sec. 54401. Short title.
Sec. 54402. Table of contents.
Sec. 54403. Findings.
Part 1--Establishment of Infant and Toddler Child Care Leadership
Grants
Sec. 54411. Purpose.
Sec. 54412. Definitions.
Sec. 54413. Authorization of appropriations.
subpart a--general provisions
Sec. 54421. Program authorized.
Sec. 54422. Application; selection criteria.
Sec. 54423. Amount, duration, and administration of grants.
subpart b--planning and implementation grants
Sec. 54431. Grants authorized.
Sec. 54432. Planning grants.
Sec. 54433. Access grants providing infant and toddler child care for
community college or minority-serving
institution student parents.
Sec. 54434. Impact grants.
Sec. 54435. Pipeline grants.
Sec. 54436. Evaluation criteria for grants.
Sec. 54437. Report to Congress.
Sec. 54438. Nondiscrimination in programs and activities.
Part 2--Child Care and Development Block Grant Program
Sec. 54441. Eligibility.
Sec. 54442. Conforming amendments.
Sec. 54443. Increased Federal matching payments for child care.
Part 3--Outreach Regarding the Dependent Care Allowance for Federal
Student Aid
Sec. 54451. Sharing dependent care allowance information for Federal
student aid.
Subtitle OO--Closing the College Hunger Gap
Sec. 54501. Short title.
Sec. 54502. Questions on food and housing insecurity in National
Postsecondary Student Aid Study.
Sec. 54503. Information on SNAP eligibility.
Sec. 54504. Effective date.
Subtitle PP--Transparency in Off-Campus Housing Act
Sec. 54601. Short title.
Sec. 54602. Institutional calculations for off-campus room and board.
Subtitle QQ--Passport Assistance for Disadvantaged Students Act of 2020
Sec. 54701. Short title.
Sec. 54702. Demonstration program.
Subtitle RR--STEM Opportunities Act
Sec. 54801. Short title; findings.
Sec. 54802. Purposes.
Sec. 54803. Federal science agency policies for caregivers.
Sec. 54804. Collection and reporting of data on Federal research
grants.
Sec. 54805. Policies for review of Federal research grants.
Sec. 54806. Collection of data on demographics of faculty.
Sec. 54807. Cultural and institutional barriers to expanding the
academic and Federal STEM workforce.
Sec. 54808. Research and dissemination at the National Science
Foundation.
Sec. 54809. Research and related activities to expand STEM
opportunities.
Sec. 54810. Tribal Colleges and Universities Program.
Sec. 54811. Report to Congress.
Sec. 54812. Merit review.
Sec. 54813. Definitions.
Subtitle SS--Student Loan Fairness Act
Sec. 54901. Short title.
Sec. 54902. Findings.
Sec. 54903. 10/10 Loan Repayment and Forgiveness.
Sec. 54904. Capping interest rates for all Federal Direct loans.
Sec. 54905. 10/10 Loan Repayment Plan as plan selected by the
Secretary.
Sec. 54906. Improving and expanding Public Service Loan Forgiveness.
Sec. 54907. Refinancing private education loans for certain borrowers.
Sec. 54908. Interest-free deferment of unsubsidized loans during
periods of unemployment.
Sec. 54909. Excluding loans forgiven under certain repayment programs
from gross income.
Subtitle TT--Financial Aid Fairness For Students Act
Sec. 55001. Short title.
Sec. 55002. Findings.
Sec. 55003. Repeal of suspension of eligibility under the Higher
Education Act of 1965 for grants, loans,
and work assistance for drug-related
offenses.
Subtitle UU--Supporting the Teaching Profession Through Revitalizing
Investments in Valuable Educators
Sec. 55101. Short title and findings.
Chapter 1--Improving Teacher Support Under the Elementary and Secondary
Education Act of 1965
Sec. 55111. Mandatory funding for programs preparing, training, and
recruiting high-quality teachers,
principals, or other school leaders.
Chapter 2--Teacher Loan Forgiveness Programs
Sec. 55121. Teacher loan forgiveness programs and grants.
Sec. 55122. TEACH Grants.
Sec. 55123. Program To subsidize teacher certification and licensing
fees.
TITLE VI--TEACHER QUALITY PARTNERSHIPS
Sec. 55201. Purpose.
Sec. 55202. Providing access for early childhood educators and school
leaders to training programs.
Sec. 55203. Mandatory Funding for Teacher Quality Partnership Program.
TITLE VII--PROHIBITION OF FEDERAL FUNDS FOR POLICE IN SCHOOLS
Sec. 55301. Prohibition of federal funds for police in schools.
DIVISION B--JUSTICE
TITLE I--CRIMINAL JUSTICE
Subtitle A--George Floyd Justice in Policing
Sec. 10001. Short title.
Sec. 10002. Definitions.
Part 1--Police Accountability
subpart i--holding police accountable in the courts
Sec. 10011. Deprivation of rights under color of law.
Sec. 10012. Qualified immunity reform.
Sec. 10013. Pattern and practice investigations.
Sec. 10014. Independent investigations.
subpart ii--law enforcement trust and integrity act
Sec. 10021. Short title.
Sec. 10022. Definitions.
Sec. 10023. Accreditation of law enforcement agencies.
Sec. 10024. Law enforcement grants.
Sec. 10025. Attorney General to conduct study.
Sec. 10026. Authorization of appropriations.
Sec. 10027. National task force on law enforcement oversight.
Sec. 10028. Federal data collection on law enforcement practices.
Part 2--Policing Transparency Through Data
subpart i--national police misconduct registry
Sec. 10031. Establishment of National Police Misconduct Registry.
Sec. 10032. Certification requirements for hiring of law enforcement
officers.
subpart ii--pride act
Sec. 10041. Short title.
Sec. 10042. Definitions.
Sec. 10043. Use of force reporting.
Sec. 10044. Use of force data reporting.
Sec. 10045. Compliance with reporting requirements.
Sec. 10046. Federal law enforcement reporting.
Sec. 10047. Authorization of appropriations.
Part 3--Improving Police Training and Policies
subpart i--end racial and religious profiling act
Sec. 10051. Short title.
Sec. 10052. Definitions.
Chapter 1--Prohibition of Racial Profiling
Sec. 10053. Prohibition.
Sec. 10054. Enforcement.
Chapter 2--Programs To Eliminate Racial Profiling By Federal Law
Enforcement Agencies
Sec. 10054. Policies to eliminate racial profiling.
Chapter 3--Programs To Eliminate Racial Profiling By State and Local
Law Enforcement Agencies
Sec. 10055. Policies required for grants.
Sec. 10056. Involvement of Attorney General.
Sec. 10057. Data collection demonstration project.
Sec. 10058. Development of best practices.
Sec. 10059. Authorization of appropriations.
Chapter 4--Data Collection
Sec. 10060. Attorney General to issue regulations.
Sec. 10061. Publication of data.
Sec. 10062. Limitations on publication of data.
Chapter 5--Department of Justice Regulations and Reports on Racial
Profiling in the United States
Sec. 10063. Attorney General to issue regulations and reports.
subpart ii--additional reforms
Sec. 10064. Training on racial bias and duty to intervene.
Sec. 10065. Ban on no-knock warrants in drug cases.
Sec. 10066. Incentivizing banning of chokeholds and carotid holds.
Sec. 10067. PEACE Act.
Sec. 10068. Stop Militarizing Law Enforcement Act.
Sec. 10069. Public safety innovation grants.
subpart iii--law enforcement body cameras
Chapter 1--Federal Police Camera and Accountability Act
Sec. 10070. Short title.
Sec. 10071. Requirements for Federal law enforcement officers regarding
the use of body cameras.
Sec. 10072. Patrol vehicles with in-car video recording cameras.
Sec. 10073. Facial recognition technology.
Sec. 10074. GAO study.
Sec. 10075. Regulations.
Sec. 10076. Rule of construction.
Chapter 2--Police CAMERA Act
Sec. 10077. Short title.
Sec. 10078. Law enforcement body-worn camera requirements.
Part 4--Closing the Law Enforcement Consent Loophole
Sec. 10081. Short title.
Sec. 10082. Prohibition on engaging in sexual acts while acting under
color of law.
Sec. 10083. Enactment of laws penalizing engaging in sexual acts while
acting under color of law.
Sec. 10084. Reports to Congress.
Sec. 10085. Definition.
Part 5--Miscellaneous Provisions
Sec. 10091. Severability.
Sec. 10092. Savings clause.
Subtitle B--SAFETY Through Nonviolence
Sec. 10201. Short title.
Sec. 10202. Findings.
Sec. 10203. Grants to educate Americans about the principles and
practice of nonviolence.
Subtitle C--Local Public Health And Safety Protection
Sec. 10301. Short title.
Sec. 10302. Findings.
Sec. 10303. Grants to reduce gun violence through local regulation.
Subtitle D--Marijuana Opportunity Reinvestment and Expungement
Sec. 10401. Short title.
Sec. 10402. Decriminalization of cannabis.
Sec. 10403. Demographic data of cannabis business owners and employees.
Sec. 10404. Creation of Opportunity Trust Fund and imposition of tax on
cannabis products.
Sec. 10405. Opportunity trust fund programs.
Sec. 10406. Availability of Small Business Administration programs and
services to cannabis-related legitimate
businesses and service providers.
Sec. 10407. No discrimination in the provision of a federal public
benefit on the basis of cannabis.
Sec. 10408. No adverse effect for purposes of the immigration laws.
Sec. 10409. Resentencing and expungement.
Sec. 10410. References in existing law to marijuana or marihuana.
Sec. 10411. Severability.
Sec. 10412. Cannabis offense defined.
Sec. 10413. Rulemaking.
Subtitle E--ICE Body Camera
Sec. 10501. Short title.
Sec. 10502. Findings.
Sec. 10503. Use of body cameras by certain ICE officers.
Sec. 10504. Recordings to be provided to certain persons.
Sec. 10505. Withholding of certain funds.
Subtitle G--Demanding Oversight From Justice
Sec. 10701. Short title.
Sec. 10702. Civil action by Attorney General.
Sec. 10703. Annual reporting requirement.
Subtitle H--Building Bridges and Transforming Resentment and Unfairness
to Support and Trust for Municipal Law Enforcement
Sec. 10801. Short title.
Sec. 10802. Findings.
Sec. 10803. Reduction in grant funding for units of local government.
Sec. 10804. Exemptions.
Sec. 10805. Waivers.
Subtitle I--Clarification of Right to Counsel
Sec. 10901. Clarification of right to counsel.
Sec. 10902. Treatment of individuals held or detained at ports of entry
or at any CBP or ICE detention facility.
Subtitle J--Equal Justice Under Law
Sec. 11001. Short title.
Sec. 11002. Effective assistance of counsel.
Sec. 11003. Remedy.
Sec. 11004. Edward Byrne Memorial Justice Assistance Grant Program.
Subtitle K--Clarence Gideon Full Access to Justice
Sec. 11101. Short title.
Sec. 11102. Defender Office for Supreme Court Advocacy.
Subtitle L--Funding Attorneys for Indigent Removal Proceedings
Sec. 11201. Short title.
Sec. 11202. Improving immigration court efficiency and reducing costs
by increasing access to legal information.
Sec. 11203. Access by counsel and legal orientation at detention
facilities.
Sec. 11204. Report on access to counsel.
Sec. 11205. Motions to reopen.
Sec. 11206. Supplementary surcharge.
Subtitle M--Tax Relief for Guard and Reserve Training
Sec. 11301. Short title.
Sec. 11302. Reduction of mileage threshold for deduction in determining
adjusted gross income.
Sec. 11303. Exemption from 2 percent floor on miscellaneous itemized
deductions.
Subtitle N--Maintaining Dignity and Eliminating Unnecessary Restrictive
Confinement of Youths
Sec. 11401. Short title.
Sec. 11402. Juvenile solitary confinement.
Subtitle O--Dignity for Incarcerated Women
Sec. 11501. Short title.
Sec. 11502. Improving the treatment of primary caretaker parents and
other individuals in federal prisons.
Sec. 11503. Overnight visit pilot program.
Subtitle P--Beyond the Box for Higher Education
Sec. 11601. Short title.
Sec. 11602. Findings.
Sec. 11603. Beyond the box for higher education.
Sec. 11604. Financial aid.
Subtitle Q--Community Reentry
Sec. 11701. Short title.
Sec. 11702. Findings.
Sec. 11703. Prerelease custody.
Subtitle R--Community Reentry Act of 2020
Sec. 11801. Short title.
Sec. 11802. Findings.
Sec. 11803. Prerelease custody.
Subtitle S--Dignity for Detained Immigrants
Sec. 11901. Short title.
Sec. 11902. Standards for DHS detention facilities.
Sec. 11903. Oversight and transparency for DHS detention facilities.
Sec. 11904. Cause of action.
Sec. 11905. DHS detention facility construction and maintenance.
Sec. 11906. Appearance of detained aliens for other legal matters.
Sec. 11907. Procedures for detaining aliens.
Sec. 11908. Sense of Congress.
Subtitle T--Solitary Confinement Study and Reform
Sec. 12001. Short title.
Sec. 12002. Purposes.
Sec. 12003. National solitary confinement study and reform commission.
Sec. 12004. Adoption and effect of national standards.
Sec. 12005. Definitions.
Subtitle U--Fair Chance to Compete for Jobs
Sec. 12101. Short title.
Sec. 12102. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 12103. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 12104. Report on employment of individuals formerly incarcerated
in Federal prisons.
Sec. 12105. Determination of budgetary effects.
Subtitle V--Renew Act
Sec. 12201. Short title.
Sec. 12202. Lowering the age for expungement of certain convictions for
simple possession of controlled substances
by nonviolent young offenders.
Subtitle W--Correct the Census Count
Sec. 12301. Short title.
Sec. 12302. Residence of incarcerated individuals.
Subtitle X--Creating a Respectful and Open World for Natural Hair
Sec. 12401. Short title.
Sec. 12402. Findings; sense of Congress; purpose.
Sec. 12403. Federally assisted programs.
Sec. 12404. Housing programs.
Sec. 12405. Public accommodations.
Sec. 12406. Employment.
Sec. 12407. Equal rights under the law.
Sec. 12408. Rule of construction.
Sec. 12409. Effective date.
Subtitle Y--Equal Justice Under Law
Sec. 12501. Short title.
Sec. 12502. Effective assistance of counsel.
Sec. 12503. Remedy.
Sec. 12504. Edward Byrne Memorial Justice Assistance Grant Program.
Subtitle Z--Ensuring Successful Reentry
Sec. 12601. Short title.
Sec. 12602. Requirement that prisoners on work release pay part of
their gross income over for housing.
Subtitle AA--Protecting Domestic Violence and Stalking Victims
Sec. 12701. Short title.
Sec. 12702. Definitions of ``intimate partner'' and ``misdemeanor crime
of domestic violence'' expanded.
Sec. 12703. Expansion of list of persons subject to a restraining or
similar order to whom a firearm is
prohibited from being sold or disposed.
Sec. 12704. Expansion of list of persons subject to a restraining or
similar order prohibited from possessing or
receiving a firearm.
Sec. 12705. Stalking prohibitions.
Subtitle BB--Gun Violence Research
Sec. 12801. Short title.
Sec. 12802. Findings.
Sec. 12803. Definitions.
Sec. 12804. Research and data restrictions repeal.
Sec. 12805. Research program.
Sec. 12806. Agency activities.
Subtitle CC--Stop Online Ammunition Sales
Sec. 12901. Short title.
Sec. 12902. Limitations on purchases of ammunition.
Subtitle DD--Safer Neighborhoods Gun Buyback
Sec. 13001. Short title.
Part 1--Gun Buyback Grant Program
Sec. 13011. Program authorized.
Sec. 13012. Applications.
Sec. 13013. Term of grant.
Sec. 13014. Smart prepaid cards.
Sec. 13015. Uses of funds.
Sec. 13016. Definitions.
Sec. 13017. Authorization of appropriations.
Part 2--Criminal Provision
Sec. 13021. Use of smart prepaid card in the acquisition or transfer of
a firearm.
Subtitle EE--Gun Trafficking Prohibition
Sec. 13101. Short title.
Sec. 13102. Anti-straw purchasing and firearms trafficking amendments.
Sec. 13103. Amendments to section 922(d).
Sec. 13104. Amendments to section 924(a).
Sec. 13105. Amendments to section 924(h).
Sec. 13106. Amendments to section 924(k).
Subtitle FF--Gun Manufacturers Accountability
Sec. 13201. Short title.
Sec. 13202. Repeal of prohibition on bringing qualified civil liability
actions in Federal or State court.
Subtitle GG--Report on Effects of Gun Violence on Public Health
Sec. 13301. Report on effects of gun violence on public health.
Subtitle HH--Protecting Domestic Violence and Stalking Victims
Sec. 13401. Short title.
Sec. 13402. Definitions of ``intimate partner'' and ``misdemeanor crime
of domestic violence'' expanded.
Sec. 13403. Expansion of list of persons subject to a restraining or
similar order to whom a firearm is
prohibited from being sold or disposed.
Sec. 13404. Expansion of list of persons subject to a restraining or
similar order prohibited from possessing or
receiving a firearm.
Sec. 13405. Stalking prohibitions.
Subtitle II--Raise the Age
Sec. 13501. Short title.
Sec. 13502. Prohibition on Federal firearms licensee selling or
delivering certain semiautomatic centerfire
rifles to a person under 21 years of age,
with exceptions.
Sec. 13503. Operation of the Federal Bureau of Investigation's public
access line.
Subtitle JJ--National Gun Violence Research
Sec. 13601. Short title.
Sec. 13602. Findings.
Sec. 13603. Definitions.
Sec. 13604. Research and data restrictions repeal.
Sec. 13605. Research program.
Sec. 13606. Agency activities.
Subtitle KK--Secure Communities and Safe Schools
Sec. 13701. Short title.
Sec. 13702. Prohibition on expenditure of certain Homeland Security
grant funds to purchase firearms.
Subtitle LL--Law Enforcement Protection
Sec. 13801. Short title.
Sec. 13802. Armor-piercing, concealable weapons.
Sec. 13803. Use of National Firearms Act taxes.
Subtitle MM--Corey Jones
Sec. 13901. Short title.
Sec. 13902. Findings.
Sec. 13903. Ensuring the safety of the public and law enforcement
officers during routine traffic stops
involving unmarked vehicles and
plainclothes officers.
Subtitle NN--Break the Cycle of Violence Act
Sec. 14001. Short title.
Sec. 14002. Findings.
Sec. 14003. Community-based violence intervention program grants.
Sec. 14004. Hospital-Based Violence Intervention Grants.
Sec. 14005. Sense of Congress regarding services for victims of violent
crime.
Subtitle OO--Protecting the Health and Wellness of Babies and Pregnant
Women In Custody Custody
Sec. 14101. Short title.
Sec. 14102. Data collection.
Sec. 14103. Care for federally incarcerated women related to pregnancy
and childbirth.
Sec. 14104. Use of restrictive housing and restraints on incarcerated
pregnant women during pregnancy, labor, and
postpartum recovery prohibited.
Sec. 14105. Treatment of women with high-risk pregnancies.
Sec. 14106. Exemption of incarcerated pregnant women from the
requirements for suits by prisoners.
Sec. 14107. Definitions.
Sec. 14108. Education and technical assistance.
Sec. 14109. Bureau of Prisons staff and U.S. Marshals training.
Sec. 14110. GAO study on State and local correctional facilities.
Sec. 14111. GAO study on Federal pretrial detention facilities.
Sec. 14112. PWIC grant program.
Sec. 14113. Placement in prerelease custody.
Subtitle PP--Resources for Victims of Gun Violence Act 2020
Sec. 14201. Short title.
Sec. 14202. Findings.
Sec. 14203. Definitions.
Sec. 14204. Advisory Council to Support Victims of Gun Violence.
Subtitle QQ--The One Stop Shop Community Reentry Program Act of 2020
Sec. 14301. Short title.
Sec. 14302. Community reentry center grant program.
Sec. 14303. Grants for reentry services assistance hotlines.
Subtitle RR--Put Trafficking Victims First Act of 2020
Sec. 14401. Short title.
Sec. 14402. Training for prosecutions of traffickers and support for
State services for victims of trafficking.
Sec. 14403. Working to develop methodologies to assess prevalence of
human trafficking.
Sec. 14404. Report on prosecutors seeking restitution in trafficking
cases.
Sec. 14405. Sense of Congress encouraging States to adopt protections
for victims of trafficking.
Subtitle SS--Wakeshia's Law
Sec. 14501. Short title.
Sec. 14502. Purpose.
Sec. 14503. Compliance and ineligibility.
Sec. 14504. Information required upon arrest or detention.
Sec. 14505. Notification by law enforcement of family with regard to
death or life-threatening emergency
occurring to individual in custody.
Sec. 14506. Report to attorney general.
Sec. 14507. Definitions.
Subtitle TT--Violence Against Women Reauthorization Act of 2020
Sec. 14601. Short title.
Sec. 14602. Universal definitions and grant conditions.
Sec. 14603. Reporting on female genital mutilation, female genital
cutting, or female circumcision.
Sec. 14604. Agency and Department Coordination.
Part 1--Enhancing Legal Tools to Combat Domestic Violence, Dating
Violence, Sexual Assault, and Stalking
Sec. 14611. Stop grants.
Sec. 14612. Grants to improve the criminal justice response.
Sec. 14613. Legal assistance for victims.
Sec. 14614. Grants to support families in the justice system.
Sec. 14615. Outreach and services to underserved populations grants.
Sec. 14616. Criminal provisions.
Sec. 14617. Rape survivor child custody.
Sec. 14618. Enhancing culturally specific services for victims of
domestic violence, dating violence, sexual
assault, and stalking.
Sec. 14619. Grants for lethality assessment programs.
Part 2--Improving Services for Victims
Sec. 14621. Sexual assault services program.
Sec. 14622. Sexual Assault Services Program.
Sec. 14623. Rural domestic violence, dating violence, sexual assault,
stalking, and child abuse enforcement
assistance program.
Sec. 14624. Training and services to end violence against people with
disabilities.
Sec. 14625. Training and services to end abuse in later life.
Sec. 14626. Demonstration program on trauma-informed training for law
enforcement.
Part 3--Services, Protection, and Justice for Young Victims
Sec. 14631. Rape prevention and education grant.
Sec. 14632. Creating hope through outreach, options, services, and
education (CHOOSE) for children and youth.
Sec. 14633. Grants to combat violent crimes on campuses.
Sec. 14634. Combat online predators.
Part 4--Violence Reduction Practices
Sec. 14641. Study conducted by the Centers for Disease Control and
Prevention.
Sec. 14642. Saving Money and Reducing Tragedies (SMART) through
Prevention grants.
Part 5--Strengthening the Healthcare Systems Response
Sec. 14651. Grants to strengthen the healthcare systems response to
domestic violence, dating violence, sexual
assault, and stalking.
Part 6--Safe Homes for Victims
Sec. 14661. Housing protections for victims of domestic violence,
dating violence, sexual assault, and
stalking.
Sec. 14662. Ensuring compliance and implementation; prohibiting
retaliation against victims.
Sec. 14663. Protecting the right to report crime from one's home.
Sec. 14664. Transitional housing assistance grants for victims of
domestic violence, dating violence, sexual
assault, or stalking.
Sec. 14665. Addressing the housing needs of victims of domestic
violence, dating violence, sexual assault,
and stalking.
Sec. 14666. United States Housing Act of 1937 amendments.
Part 7--Economic Security for Victims
Sec. 14671. Findings.
Sec. 14672. National Resource Center on workplace responses to assist
victims of domestic and sexual violence.
Sec. 14673. Entitlement to unemployment compensation for victims of
sexual and other harassment and survivors
of domestic violence, sexual assault, or
stalking.
Sec. 14674. Study and reports on barriers to survivors' economic
security access.
Sec. 14675. GAO Study.
Sec. 14676. Education and information programs for survivors.
Sec. 14677. Severability.
Part 8--Homicide Reduction Initiatives
Sec. 14681. Prohibiting persons convicted of misdemeanor crimes against
dating partners and persons subject to
protection orders.
Sec. 14682. Prohibiting stalkers and individuals subject to court order
from possessing a firearm.
Part 9--Safety for Indian Women
Sec. 14691. Findings and purposes.
Sec. 14692. Authorizing funding for the tribal access program.
Sec. 14693. Tribal jurisdiction over crimes of domestic violence,
dating violence, obstruction of justice,
sexual violence, sex trafficking, stalking,
and assault of a law enforcement officer or
corrections officer.
Sec. 14694. Annual reporting requirements.
Sec. 14695. Report on the response of law enforcement agencies to
reports of missing or murdered Indians.
Part 10--Office on Violence Against Women
Sec. 14701. Establishment of Office on Violence Against Women.
Sec. 14702. Report of the Attorney General on the effects of the
shutdown.
Part 11--Improving Conditions for Women in Federal Custody
Sec. 14711. Improving the treatment of primary caretaker parents and
other individuals in federal prisons.
Sec. 14712. Public health and safety of women.
Sec. 14713. Research and report on women in federal incarceration.
Sec. 14714. Reentry planning and services for incarcerated women.
Part 12--Law Enforcement Tools to Enhance Public Safety
Sec. 14721. Notification to law enforcement agencies of prohibited
purchase or attempted purchase of a
firearm.
Sec. 14722. Reporting of background check denials to state, local, and
tribal authorities.
Sec. 14723. Special assistant U.S. attorneys and cross-deputized
attorneys.
Part 13--Closing the Law Enforcement Consent Loophole
Sec. 14731. Short title.
Sec. 14732. Prohibition on engaging in sexual acts while acting under
color of law.
Sec. 14733. Incentives for States.
Sec. 14734. Reports to Congress.
Sec. 14735. Definition.
Part 14--Other Matters
Sec. 14741. National stalker and domestic violence reduction.
Sec. 14742. Federal victim assistants reauthorization.
Sec. 14743. Child abuse training programs for judicial personnel and
practitioners reauthorization.
Sec. 14744. Sex offender management.
Sec. 14745. Court-appointed special advocate program.
Sec. 14746. Rape kit backlog.
Sec. 14747. Sexual assault forensic exam program grants.
Sec. 14748. Review on link between substance use and victims of
domestic violence dating violence, sexual
assault, or stalking.
Sec. 14749. Interagency working group to study Federal efforts to
collect data on sexual violence.
Sec. 14750. National Domestic Violence Hotline.
Sec. 14751. Rule of construction regarding compliance with immigration
laws.
Part 15--Cybercrime Enforcement
Sec. 14761. Local law enforcement grants for enforcement of
cybercrimes.
Sec. 14762. National Resource Center Grant.
Sec. 14763. National strategy, classification, and reporting on
cybercrime.
TITLE II--HEALTH EQUITY
Subtitle A--Expanded Access to Care
Sec. 20101. Study on the uninsured.
Sec. 20102. Volunteer dental projects and action for dental health
program.
Sec. 20103. Critical access hospital improvements.
Sec. 20104. Community health center collaborative access expansion.
Subtitle B--Mental Health Needs
Sec. 20201. Priority mental health needs of regional and national
significance.
Sec. 20202. Annual report on adverse childhood experiences of certain
children in communities facing civil
unrest.
Subtitle C--Pursuing Equity in Mental Health Act
Sec. 20401. Short title.
Part 1--Mental Health of Students
Sec. 20411. Amendments to the Public Health Service Act.
Part 2--Health Equity and Accountability
Sec. 20415. Integrated Health Care Demonstration Program.
Sec. 20416. Addressing racial and ethnic minority mental health
disparities research gaps.
Sec. 20417. Health professions competencies to address racial and
ethnic minority mental health disparities.
Sec. 20418. Racial and ethnic minority behavioral and mental health
outreach and education strategy.
Sec. 20419. Additional funds for National Institutes of Health.
Sec. 20420. Additional funds for National Institute on Minority Health
and Health Disparities.
Part 3--Other Provisions
Sec. 20421. Reauthorization of Minority Fellowship Program.
Sec. 20422. Commission on the Effects of Smartphone and Social Media
Use on Adolescents.
Sec. 20423. No Federal funds for conversion therapy.
Subtitle D--PrEP Assistance Program
Sec. 20501. Short title.
Sec. 20502. Pre-exposure prophylaxis program grant.
Subtitle E--Environmental Justice and Environmental Justice Advocates
Sec. 20601. Findings.
Sec. 20602. Sense of Congress.
Subtitle F--Endometrial Cancer Research and Education
Sec. 20701. Short title.
Sec. 20702. Findings.
Sec. 20703. Expanding research and education with respect to
endometrial cancer.
Subtitle G--Donald Payne Sr. Colorectal Cancer Detection
Sec. 20801. Short title.
Sec. 20802. Medicare coverage for FDA-approved qualifying colorectal
cancer screening blood-based tests.
Subtitle H--Environmental Justice Act
Sec. 20901. Short title.
Sec. 20902. Purposes.
Sec. 20903. Definitions.
Sec. 20904. Interagency Federal Working Group on Environmental Justice.
Sec. 20905. Federal agency actions to address environmental justice.
Sec. 20906. National Environmental Justice Advisory Council.
Sec. 20907. Environmental justice grant programs.
Sec. 20908. Consideration of cumulative impacts and persistent
violations in certain permitting decisions.
Sec. 20909. Implied rights of action and common law claims.
Sec. 20910. Private rights of action for discriminatory practices.
Sec. 20911. Severability.
Subtitle I--Strengthening Health Care and Lowering Prescription Drug
Costs
Sec. 21001. Short title.
Part 1--Lowering Prescription Drug Costs
subpart a--bringing low-cost options and competition while keeping
incentives for new generics
Sec. 21011. Change conditions of first generic exclusivity to spur
access and competition.
subpart b--protecting consumer access to generic drugs
Sec. 21015. Unlawful agreements.
Sec. 21016. Notice and certification of agreements.
Sec. 21017. Forfeiture of 180-day exclusivity period.
Sec. 21018. Commission litigation authority.
Sec. 21019. Statute of limitations.
subpart c--creating and restoring equal access to equivalent samples
Sec. 21021. Actions for delays of generic drugs and biosimilar
biological products.
Sec. 21022. REMS approval process for subsequent filers.
Sec. 21023. Rule of construction.
subpart d--study on role of federal assistance in drug development
Sec. 21025. Study on role of Federal assistance in drug development.
subpart e--pharmacy school outreach
Sec. 21031. Pharmacy school outreach.
subpart f--reports
Sec. 21035. Effects of increases in prescription drug price.
Part 2--Health Insurance Market Stabilization
Sec. 21041. Preserving State option to implement health care
marketplaces.
Sec. 21042. Providing for additional requirements with respect to the
navigator program.
Sec. 21043. Federal Exchange outreach and educational activities and
annual enrollment targets.
Sec. 21044. Short-term limited duration insurance rule prohibition.
Sec. 21045. Protection of health insurance coverage in certain
Exchanges.
Sec. 21046. Sense of Congress relating to the practice of silver
loading.
Sec. 21047. Consumer outreach, education, and assistance.
Sec. 21048. GAO report.
Sec. 21049. Report on the effects of website maintenance during open
enrollment.
Part 3--Budgetary Effects
Sec. 21051. Determination of budgetary effects.
Subtitle J--Resident Physician Shortage Reduction
Sec. 21101. Short title.
Sec. 21102. Distribution of additional residency positions.
Sec. 21103. Study and report on strategies for increasing diversity.
Subtitle K--Direct Medicare Payment for Services Furnished By Physician
Assistants
Sec. 21201. Direct Medicare payment for services furnished by physician
assistants.
Subtitle L--Incentivizing Medicaid Expansion
Sec. 21301. Short title.
Sec. 21302. Increased FMAP for medical assistance to newly eligible
individuals.
Subtitle M--Medicaid Expansion Parity
Sec. 21401. Short title.
Sec. 21402. Parity in the timing of the application of higher Medicaid
Federal matching rates for ACA newly
eligible individuals.
Subtitle N--Equality in Medicare and Medicaid Treatment
Sec. 21501. Short title.
Sec. 21502. Improving access to care for Medicare and Medicaid
beneficiaries.
Subtitle O--Increasing Access to Quality Cardiac Rehabilitation Care
Sec. 21601. Short title.
Sec. 21602. Expanding access to cardiac rehabilitation programs and
pulmonary rehabilitation programs under
Medicare program.
Sec. 21603. Expediting access to cardiac rehabilitation programs and
pulmonary rehabilitation programs under
Medicare program.
Subtitle P--Healthy Food Access for All Americans
Sec. 21701. Short title.
Sec. 21702. Tax credit and grant program for Special Access Food
Providers.
Sec. 21703. Updates to Food Access Research Atlas.
Subtitle Q--Territories Health Equity
Sec. 21801. Short title.
Part 1--Medicaid
Sec. 21811. Elimination of general Medicaid funding limitations
(``cap'') for territories.
Sec. 21812. Elimination of specific Federal medical assistance
percentage (FMAP) limitation for
territories.
Sec. 21813. Application of Medicaid waiver authority to all of the
territories.
Sec. 21814. Permitting Medicaid DSH allotments for territories.
Part 2--Medicare
subpart a--part a
Sec. 21821. Calculation of Medicare DSH payments for IPPS hospitals in
Puerto Rico.
Sec. 21822. Rebasing target amount for hospitals in territories.
Sec. 21823. Medicare DSH target adjustment for hospitals in
territories.
subpart b--part b
Sec. 21825. Application of part B deemed enrollment process to
residents of Puerto Rico; special
enrollment period and limit on late
enrollment penalties.
subpart c--medicare advantage (part c)
Sec. 21831. Adjustment in benchmark for low-base payment counties in
Puerto Rico.
subpart d--part d
Sec. 21836. Improved use of allocated prescription drug funds by
territories.
Sec. 21837. Report on treatment of territories under Medicare part D.
Part 3--Miscellaneous
Sec. 21841. Modified treatment of territories with respect to
application of ACA annual health insurance
provider fees.
Sec. 21842. Medicaid and CHIP territory transparency and information.
Sec. 21843. Report on exclusion of territories from Exchanges.
Sec. 21844. Access to coverage for individuals in certain areas without
any available Exchange plans.
Sec. 21845. Extension of family-to-family health information centers
program to territories.
Subtitle R--Maternal Care Access and Reducing Emergencies
Sec. 21901. Short title.
Sec. 21902. Findings.
Sec. 21903. Definitions.
Sec. 21904. Implicit bias training for health care providers.
Sec. 21905. Pregnancy medical home demonstration project.
Sec. 21906. National Academy of Medicine Study.
Subtitle S--Reducing Mortality and Morbidity Among All Women and
Honoring Mothers
Sec. 22001. Findings.
Sec. 22002. Sense of Congress.
Subtitle T--Collecting and Analyzing Resources Integral and Necessary
for Guidance for Social Determinants
Sec. 22101. Short title.
Sec. 22102. Findings; purpose.
Sec. 22103. Requirement to issue guidance to clarify strategies to
address social determinants of health in
the Medicaid program and the Children's
Health Insurance Program.
Subtitle U--Equal Access to Abortion Coverage in Health Insurance
Sec. 22201. Short title.
Sec. 22202. Findings.
Sec. 22203. Abortion coverage and care regardless of income or source
of insurance.
Sec. 22204. Sense of Congress.
Sec. 22205. Rule of construction.
Sec. 22206. Severability.
Subtitle V--Improving Access to Mental Health
Sec. 22301. Short title.
Sec. 22302. Improved access to mental health services under the
Medicare program.
Subtitle W--Sickle Cell Trait Research, Surveillance, and Public
Education and Awareness
Sec. 22401. Findings.
Sec. 22402. Sense of Congress.
Subtitle X--National Youth HIV & AIDS Awareness Day
Sec. 22501. Findings.
Sec. 22502. Sense of Congress.
Subtitle Y--National Black HIV/AIDS Awareness Day
Sec. 22601. Findings.
Sec. 22602. Sense of Congress.
Subtitle Z--Repeal Existing Policies That Encourage and Allow Legal HIV
Discrimination
Sec. 22701. Short title.
Sec. 22702. Findings.
Sec. 22703. Sense of Congress regarding laws or regulations directed at
people living with HIV.
Sec. 22704. Review of Federal and State laws.
Sec. 22705. Rule of construction.
Sec. 22706. No additional appropriations authorized.
Sec. 22707. Definitions.
Subtitle AA--Pandemic Community Reserve and Public Health Response Act
Sec. 22801. Short title.
Sec. 22802. Grants to increase federal public health reserve corps
personnel.
Sec. 22803. Grants to establish pandemic community reserve corps.
Subtitle BB--Researching and Ending Disparities by Understanding
Creating Equity Act of 2020
Sec. 22901. Short title.
Sec. 22902. Health in all policies demonstration project.
Sec. 22903. National academies of sciences, engineering, and medicine
report.
Subtitle CC--Study, Treat, Observe and Prevent Neglected Diseases of
Poverty Act (short Title STOP Neglected Diseases of Poverty Act)
Sec. 23001. Short title.
Sec. 23002. Findings.
Sec. 23003. Sense of congress.
Sec. 23004. Definition of neglected diseases of poverty.
Sec. 23005. Programs relating to neglected diseases of poverty.
Subtitle DD--Mommies Act
Sec. 23101. Short title.
Sec. 23102. Enhancing medicaid and chip benefits for low-income
pregnant women.
Sec. 23103. Maternity care home demonstration project.
Sec. 23104. Reapplication of medicare payment rate floor to primary
care services furnished under medicaid and
inclusion of additional providers.
Sec. 23105. Macpac report and cms guidance on increasing access to
doula care for medicaid beneficiaries.
Sec. 23106. Gao report on state medicaid programs' use of telemedicine
to increase access to maternity care.
Subtitle EE--Humane Correctional Healthcare Act
Sec. 23201. Short title.
Sec. 23202. Repeal of medicaid inmate exclusion.
Sec. 23203. Report by comptroller general.
Sec. 23204. Sense of congress on incarceration and community-based
health services.
Subtitle FF--Strengthen Dental Coverage
Sec. 23301. Short title.
Sec. 23302. Strengthening coverage under the medicaid program for
certain foster youth individuals.
Subtitle GG--Expanded Coverage for Former Foster Youth Act
Sec. 23401. Short title.
Sec. 23402. Coverage continuity for former foster care children up to
age 26.
Sec. 23403. Outreach efforts for enrollment of former foster children.
Subtitle HH--Pandemic Protection Act
Sec. 23501. Short title.
Sec. 23502. Temporary preservation of eligibility for foster care
benefits, and suspension of certain
education and work requirements, for youth
who would otherwise age out of eligibility
for the benefits during a health emergency
or disaster declared with respect to the
coronavirus pandemic.
Subtitle II--Dosha Joi Immediate Coverage for Foster Youth Act
Immediate Coverage for Foster Youth Act
Sec. 23601. Short title.
Sec. 23602. Providing for immediate medicaid eligibility for former
foster youth.
Subtitle JJ--Health Providers Training Act
Sec. 23701. Short title.
Sec. 23702. Eligibility of hospitals for health professions opportunity
grants.
Sec. 23703. Effective date.
TITLE III--COVID-19
Subtitle A--Minority Business Resiliency
Sec. 30101. Short title.
Sec. 30102. Definitions.
Sec. 30103. Minority Business Development Agency.
Sec. 30104. Emergency grants to nonprofits that support minority
business enterprises.
Sec. 30105. Outreach to business centers.
Sec. 30106. Direct appropriation.
Sec. 30107. Audits.
Sec. 30108. Review and report by Comptroller General.
Sec. 30109. Annual reports; recommendations.
Sec. 30110. Executive Order 11625.
Sec. 30111. Amendment to the Federal Acquisition Streamlining Act of
1994.
Subtitle B--Health Enterprise Zones
Sec. 30201. Short title.
Sec. 30202. Designation of Health Enterprise Zones.
Sec. 30203. Consultation.
Sec. 30204. Tax incentives.
Sec. 30205. Grants.
Sec. 30206. Student loan repayment program.
Sec. 30207. Ten percent increase of payment for items and services
payable under Medicare Part B furnished in
Health Enterprise Zones.
Sec. 30208. Reporting.
Sec. 30209. Definitions.
Sec. 30210. Authorization of appropriations.
Subtitle C--Coverage for COVID-19 Treatment
Sec. 30301. Short title.
Sec. 30302. Coverage of COVID-19 related treatment at no cost sharing.
Subtitle D--Quit Because of COVID-19
Sec. 30401. Short title.
Sec. 30402. Coverage of comprehensive tobacco cessation services in
Medicaid.
Sec. 30403. Coverage of comprehensive tobacco cessation services in
CHIP.
Sec. 30404. Rule of construction.
Subtitle E--Food for Working Families
Sec. 30501. Short title.
Sec. 30502. Federal pandemic unemployment compensation Income and
resources disregard for SNAP.
Subtitle F--Reducing COVID-19 Disparities by Investing in Public Health
Sec. 30601. Short title.
Sec. 30602. Findings.
Sec. 30603. Reducing COVID-19 disparities by investing in public
health.
Subtitle G--Increasing Access to SNAP Delivery During COVID-19
Sec. 30701. Short title.
Sec. 30702. Food delivery under supplemental nutrition assistance
program.
Subtitle H--Safe Line Speeds in COVID-19
Sec. 30801. Short title.
Sec. 30802. Suspending authority to increase line speeds at meat and
poultry establishments.
Subtitle I--Increasing Access to Snap Delivery During COVID-19
Sec. 30901. Short title.
Sec. 30902. Food delivery under supplemental nutrition assistance
program.
Subtitle J--Safe Line Speeds in COVID-19
Sec. 31001. Short title.
Sec. 31002. Suspending authority to increase line speeds at meat and
poultry establishments.
Subtitle K--Emergency Snap Flexibilities Extension
Sec. 31101. Short title.
Sec. 31102. Extension of existing snap flexibilities for covid-19.
Subtitle L--Nursing Facility Quality Reporting
Sec. 31201. Short title.
Sec. 31202. Requiring long term care facilities to report certain
information relating to COVID-19 cases and
deaths.
Subtitle M--Care for COVID-19
Sec. 31301. Short title.
Sec. 31302. Coverage of services related to COVID-19.
Sec. 31303. Special enrollment period.
Subtitle N--Community Solutions for COVID-19
Sec. 31401. Short title.
Sec. 31402. Addressing COVID-19 health inequities and improving health
equity.
Subtitle O--Recharge and Empower Local Innovation and Entrepreneurs
Fund for Main Street
Sec. 31501. Short title.
Sec. 31502. Small business local relief program.
Subtitle P--COVID Community Care
Sec. 31601. Short title.
Part 1--Department of Health and Human Services
Sec. 31602. COVID-19 prevention in medically underserved communities.
Sec. 31603. COVID-19 prevention in Indian Tribes.
Sec. 31604. Definitions.
Sec. 31605. Additional appropriations.
Sec. 31606. Supplemental appropriations.
Subtitle Q--To Improve the Health of Minority Individuals During the
COVID-19 Pandemic and for Other Purposes
Sec. 31701. Short title.
Part 1--Racial and Ethnicity Data Collection
subpart a--collection and reporting
Sec. 317101. Equitable data collection and disclosure on COVID-19 Act.
Sec. 317102. COVID-19 reporting portal.
Sec. 317103. Regular CDC reporting on demographic data.
Sec. 317104. Amendment to the Public Health Service Act.
Sec. 317105. Elimination of prerequisite of direct appropriations for
data collection and analysis.
Sec. 317106. Collection of data for the Medicare program.
Sec. 317107. Revision of HIPAA claims standards.
Sec. 317108. Disparities data collected by the Federal Government.
Sec. 317109. Standards for measuring sexual orientation, gender
identity, and socioeconomic status in
collection of health data.
Sec. 317110. Improving health data regarding Native Hawaiians and other
Pacific Islanders.
subpart b--improvements and modernization
Sec. 317121. Federal modernization for health inequities data.
Sec. 317122. Modernization of State and local health inequities data.
Sec. 317123. Additional reporting to Congress on the race and ethnicity
rates of COVID-19 testing,
hospitalizations, and mortalities.
Part 2--Equitable Testing and Tracing
subpart a--free testing for patients
Sec. 317201. Sooner coverage of testing for COVID-19.
subpart b--national testing strategy
Sec. 317211. COVID-19 testing strategy.
Sec. 317212. Coronavirus immigrant families protection.
Sec. 317213. ICE detention.
subpart c--contact tracing
Sec. 317221. COVID-19 Testing, Reaching, And Contacting Everyone.
Sec. 317222. National system for COVID-19 testing, contact tracing,
surveillance, containment, and mitigation.
Sec. 317223. Grants.
Sec. 317224. Grants to State and Tribal workforce agencies.
Part 3--Free Treatment for All Americans
Sec. 317301. Coverage at no cost sharing of COVID-19 vaccine and
treatment.
Sec. 317302. Optional coverage at no cost sharing of COVID-19 treatment
and vaccines under Medicaid for uninsured
individuals.
Sec. 317303. Coverage of treatments for COVID-19 at no cost sharing
under the Medicare Advantage program.
Sec. 317304. Requiring coverage under Medicare PDPS and MA-PD plans,
without the imposition of cost sharing or
utilization management requirements, of
drugs intended to treat COVID-19 during
certain emergencies.
Sec. 317305. Coverage of COVID-19 related treatment at no cost sharing.
Sec. 317306. Reimbursement for additional health services relating to
coronavirus.
Part 4--Federal Health Equity Oversight
Sec. 317401. COVID-19 Racial and Ethnic Disparities Task Force Act of
2020.
Sec. 317402. Protection of the HHS Offices of Minority Health.
Sec. 317403. Establish an interagency counsel and grant programs on
social determinants of health.
Sec. 317404. Accountability and transparency within the Department of
Health and Human Services.
Part 5--Expanded Insurance Access
Sec. 317501. Medicare special enrollment period for individuals
residing in COVID-19 emergency areas.
Sec. 317502. Special enrollment period through exchanges; federal
exchange outreach and educational
activities.
Sec. 317503. MOMMA's Act.
Sec. 317504. Allowing for medical assistance under Medicaid for inmates
during 30-day period preceding release.
Sec. 317505. Providing for immediate Medicaid eligibility for former
foster youth.
Sec. 317506. Expanded coverage for former foster youth.
Sec. 317507. Removing citizenship and immigration barriers to access to
affordable health care under ACA.
Sec. 317508. Medicaid in the territories.
Sec. 317509. Removing Medicare barrier to health care.
Sec. 317510. Removing barriers to health care and nutrition assistance
for children, pregnant persons, and
lawfully present individuals.
Sec. 317511. Repeal of requirement for documentation evidencing
citizenship or nationality under the
medicaid program.
Part 6--Community Based Grants
Sec. 317601. Grants for racial and ethnic approaches to community
health.
Sec. 317602. Grants to promote health for underserved communities.
Sec. 317603. Addressing COVID-19 health inequities and improving health
equity.
Sec. 317604. Improving social determinants of health.
Sec. 317605. Funding to States, localities, and community-based
organizations for emergency aid and
services.
Sec. 317606. Supplemental nutrition assistance program.
Part 7--Culturally and Linguistically Competent Care
Sec. 317701. Ensuring standards for culturally and linguistically
appropriate services in health care.
Sec. 317702. Culturally and linguistically appropriate health care in
the Public Health Service Act.
Sec. 317703. Training tomorrow's doctors for culturally and
linguistically appropriate care: graduate
medical education.
Sec. 317704. Federal reimbursement for culturally and linguistically
appropriate services under the Medicare,
Medicaid, and State Children's Health
Insurance Programs.
Sec. 317705. Requirements for health programs or activities receiving
Federal funds.
Sec. 317706. Report on Federal efforts to provide culturally and
linguistically appropriate health care
services.
Sec. 317707. Health professions competencies to address racial and
ethnic mental health disparities.
Sec. 317708. Study on the uninsured.
Part 8--Aid to Providers Serving Minority Communities
Sec. 317801. Temporary increase in Medicaid DSH allotments.
Sec. 317802. COVID-19-related temporary increase of Medicaid FMAP.
Sec. 317803. Appropriation for primary health care.
Sec. 317804. Amendment to the Public Health Service Act.
Sec. 317805. Pandemic premium pay for essential workers.
Sec. 317806. COVID-19 Heroes Fund grants.
Sec. 317807. Enforcement and outreach.
Part 9--Health IT and Bridging the Digital Divide in Health Care
Sec. 317901. HRSA assistance to health centers for promotion of Health
IT.
Sec. 317902. Assessment of impact of Health IT on racial and ethnic
minority communities; outreach and adoption
of Health IT in such communities.
Sec. 317903. Extending funding to strengthen the Health IT
infrastructure in racial and ethnic
minority communities.
Sec. 317904. Extending competitive grants for the development of loan
programs to facilitate adoption of
certified EHR technology by providers
serving racial and ethnic minority groups.
Sec. 317905. Authorization of appropriations.
Sec. 317906. Data collection and assessments conducted in coordination
with minority-serving institutions.
Sec. 317907. Study of health information technology in medically
underserved communities.
Sec. 317908. Study on the effects of changes to telehealth under the
Medicare and Medicaid programs during the
COVID-19 emergency.
Sec. 317909. COVID-19 designation of immediate special authority of
spectrum for Tribes' emergency response in
Indian Country.
Sec. 317910. Facilitating the provision of telehealth services across
State lines.
Part 10--Public Awareness
Sec. 3171001. Awareness campaigns.
Sec. 3171002. Increasing understanding of and improving health
literacy.
Sec. 3171003. English for speakers of other languages.
Sec. 3171004. Influenza, COVID-19, and pneumonia vaccination campaign.
Part 11--Research
Sec. 3171101. Research and development.
Sec. 3171102. CDC field studies pertaining to specific health
inequities.
Sec. 3171103. Expanding capacity for health outcomes.
Sec. 3171104. Data collection and analysis grants to minority-serving
institutions.
Sec. 3171105. Safety and effectiveness of drugs with respect to racial
and ethnic background.
Sec. 3171106. GAO and NIH reports.
Sec. 3171107. Health impact assessments.
Sec. 3171108. Tribal funding to research health inequities including
COVID-19.
Sec. 3171109. Research endowments at both current and former centers of
excellence.
Part 12--Education
Sec. 3171201. Grants for schools of medicine in diverse and underserved
areas.
Sec. 3171202. Amendment to the Public Health Service Act.
Sec. 3171203. Hispanic-serving institutions, historically black
colleges and universities, Asian American
and Native American Pacific Islander-
serving institutions, Tribal colleges,
regional community-based organizations, and
national minority medical associations.
Sec. 3171204. Loan repayment program of Centers for Disease Control and
Prevention.
Sec. 3171205. Study and report on strategies for increasing diversity.
Sec. 3171206. Amendments to the Pandemic EBT Act.
Part 13--Public Health Assistance to Tribes
Sec. 3171301. Appropriations for the Indian Health Service.
Sec. 3171302. Improving State, local, and Tribal public health
security.
Sec. 3171303. Provision of items to Indian programs and facilities.
Sec. 3171304. Health care access for urban native veterans.
Sec. 3171305. Proper and reimbursed care for native veterans.
TITLE IV--ENVIRONMENTAL JUSTICE
Subtitle A--100% Clean Economy
Sec. 40101. Short title.
Sec. 40102. National goal.
Sec. 40103. Findings.
Sec. 40104. Federal agency plans.
Sec. 40105. Accountability.
Sec. 40106. Clean Economy Federal Advisory Committee.
Sec. 40107. Recommendations for interim goals.
Sec. 40108. Definitions.
Subtitle B--Environmental Justice For All
Sec. 40201. Short title; table of contents; findings.
Sec. 40202. Statement of policy.
Sec. 40203. Definitions.
Sec. 40204. Prohibited discrimination.
Sec. 40205. Right of action.
Sec. 40206. Rights of recovery.
Sec. 40207. Consideration of cumulative impacts and persistent
violations in certain permitting decisions.
Sec. 40208. Interagency Working Group on Environmental Justice
Compliance and Enforcement.
Sec. 40209. Federal agency actions and responsibilities.
Sec. 40210. Ombudsmen.
Sec. 40211. Access to parks, outdoor spaces, and public recreation
opportunities.
Sec. 40212. Transit to trails grant program.
Sec. 40213. Every Kid Outdoors.
Sec. 40214. Protections for environmental justice communities against
harmful Federal actions.
Sec. 40215. Training of employees of Federal agencies.
Sec. 40216. Environmental justice grant programs.
Sec. 40217. Environmental justice basic training program.
Sec. 40218. National Environmental Justice Advisory Council.
Sec. 40219. Environmental Justice Clearinghouse.
Sec. 40220. Public meetings.
Sec. 40221. Environmental projects for environmental justice
communities.
Sec. 40222. Grants to further achievement of Tribal coastal zone
objectives.
Sec. 40223. Cosmetic labeling.
Sec. 40224. Safer cosmetic alternatives for disproportionately impacted
communities.
Sec. 40225. Safer child care centers, schools, and homes for
disproportionately impacted communities.
Sec. 40226. Certain menstrual products misbranded if labeling does not
include ingredients.
Sec. 40227. Support by National Institute of Environmental Health
Sciences for research on health disparities
impacting communities of color.
Sec. 40228. Revenues for just transition assistance.
Sec. 40229. Economic revitalization for fossil fuel dependent
communities.
Sec. 40230. Evaluation by Comptroller General of the United States.
Subtitle C--Low-Income Solar Energy
Sec. 40301. Short title.
Sec. 40302. Definitions.
Sec. 40303. Low-income home energy assistance.
Sec. 40304. Solar financing and workforce training.
Sec. 40305. Rulemaking relating to utility allowances.
Subtitle D--Climate Action Planning for Ports
Sec. 40401. Short title.
Sec. 40402. Grants to reduce greenhouse gas emissions at ports.
Subtitle E--Open Back Better
Sec. 40501. Short title.
Sec. 40502. Facilities energy resiliency.
Sec. 40503. Personnel.
Subtitle F--Supporting the Teaching of Climate Change in Schools
Sec. 40601. Findings.
Sec. 40602. Sense of Congress.
Subtitle G--Women and Climate Change
Sec. 40701. Short title; table of contents.
Sec. 40702. Findings.
Sec. 40703. Definitions.
Sec. 40704. Statement of policy.
Part 1--Strategies, Policies, and Programs
Sec. 40711. Federal Interagency Working Group on Women and Climate
Change.
Sec. 40712. Development and implementation of strategy and policies to
prevent and respond to the effects of
climate change on women globally.
Part 2--Oversight and Accountability
Sec. 40721. Senior Coordinator for Women and Climate Change.
Sec. 40722. Briefing and report.
Subtitle H--Clean School Bus
Sec. 40801. Short title.
Sec. 40802. Clean School Bus Grant Program.
Subtitle I--Climate Steward Ship Act of 2020
Sec. 40901. Short title.
Part 1--Agriculture
Sec. 40911. Conservation reserve program.
Sec. 40912. Environmental Quality Incentives Program.
Sec. 40913. Conservation Stewardship Program.
Sec. 40914. Funding.
Sec. 40915. Regional Conservation Partnership Program.
Sec. 40916. Funding for climate stewardship agriculture research.
Sec. 40917. Conservation technical assistance.
Sec. 40918. Rural Energy for America Program.
Sec. 40919. Local Agriculture Market Program.
Sec. 40920. Farm and ranch stress assistance network.
Sec. 40921. Assistance for community food projects.
Part 2--Forests
Sec. 40931. Reforestation Trust Fund.
Sec. 40932. Reforest America Grant Program.
Sec. 40933. Urban wood programs.
Sec. 40934. Stewardship Corps.
Part 3--Coastal Wetland
Sec. 40951. Definitions.
Sec. 40952. Coastal and Estuary Resilience Grant Program.
Sec. 40953. Data collection.
Sec. 40954. Outreach and technical assistance.
Sec. 40955. Annual restoration and funding.
Sec. 40956. Prevailing wage requirement.
Sec. 40957. Department of the Interior coastal wetland restoration;
funding.
Subtitle J--Clean Air Sharp Minds Act
Sec. 41001. Short title.
Sec. 41002. Purposes.
Sec. 41003. Findings.
Sec. 41004. Definitions.
Sec. 41005. Demonstration program authorized.
Subtitle K--Environmental Justice Act of 2020
Sec. 42001. Short title.
Sec. 42002. Purposes.
Sec. 42003. Definitions.
Sec. 42004. Interagency Federal Working Group on Environmental Justice.
Sec. 42005. Federal agency actions to address environmental justice.
Sec. 42006. National Environmental Justice Advisory Council.
Sec. 42007. Environmental justice grant programs.
Sec. 42008. Consideration of cumulative impacts and persistent
violations in certain permitting decisions.
Sec. 42009. Implied rights of action and common law claims.
Sec. 42010. Private rights of action for discriminatory practices.
Sec. 42011. Severability.
TITLE V--VOTING RIGHTS
Subtitle A--Voting Rights Advancement
Sec. 50101. Short title.
Sec. 50102. Violations triggering authority of court to retain
jurisdiction.
Sec. 50103. Criteria for coverage of States and political subdivisions.
Sec. 50104. Determination of States and Political Subdivisions Subject
to Preclearance for Covered Practices.
Sec. 50105. Promoting transparency to enforce the Voting Rights Act.
Sec. 50106. Authority to assign observers.
Sec. 50107. Preliminary Injunctive relief.
Sec. 50108. Definitions.
Sec. 50109. Attorneys' fees.
Sec. 50110. Other technical and conforming amendments.
Subtitle B--Voter Empowerment
Sec. 50200. Short title; statement of policy.
Part 1--Voter Registration Modernization
Sec. 50201. Short title.
subpart a--promoting internet registration
Sec. 50211. Requiring availability of Internet for voter registration.
Sec. 50212. Use of Internet to update registration information.
Sec. 50213. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 50214. Clarification of requirement regarding necessary
information to show eligibility to vote.
Sec. 50215. Effective date.
subpart b--automatic voter registration
Sec. 50216. Short title; findings and purpose.
Sec. 50217. Automatic registration of eligible individuals.
Sec. 50218. Contributing agency assistance in registration.
Sec. 50219. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 50220. Voter protection and security in automatic registration.
Sec. 50221. Registration portability and correction.
Sec. 50222. Payments and grants.
Sec. 50223. Treatment of exempt States.
Sec. 50224. Miscellaneous provisions.
Sec. 50225. Definitions.
Sec. 50226. Effective date.
subpart c--conditions on removal on basis of interstate cross-checks
Sec. 50227. Conditions on removal of registrants from official list of
eligible voters on basis of interstate
cross-checks.
subpart d--other initiatives to promote voter registration
Sec. 50228. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 50229. Annual reports on voter registration statistics.
subpart e--availability of hava requirements payments
Sec. 50230. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
subpart f--prohibiting interference with voter registration
Sec. 50231. Prohibiting hindering, interfering with, or preventing
voter registration.
Sec. 50232. Establishment of best practices.
subpart g--saving voters from voter purging
Sec. 50233. Short title.
Sec. 50234. Conditions for removal of voters from list of registered
voters.
Part 2--Access to Voting for Individuals With Disabilities
Sec. 50235. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 50236. Pilot programs for enabling individuals with disabilities
to register to vote and vote privately and
independently at residences.
Sec. 50237. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Part 3--Prohibiting Voter Caging
Sec. 50238. Voter caging and other questionable challenges prohibited.
Sec. 50239. Development and adoption of best practices for preventing
voter caging.
Part 4--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 50240. Short title.
Sec. 50241. Prohibition on deceptive practices in Federal elections.
Sec. 50242. Corrective action.
Sec. 50243. Reports to Congress.
Part 5--Democracy Restoration
Sec. 50244. Short title.
Sec. 50245. Rights of citizens.
Sec. 50246. Enforcement.
Sec. 50247. Notification of restoration of voting rights.
Sec. 50248. Definitions.
Sec. 50249. Relation to other laws.
Sec. 50250. Federal prison funds.
Sec. 50251. Effective date.
Part 6--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 50252. Short title.
Sec. 50253. Paper ballot and manual counting requirements.
Sec. 50254. Accessibility and ballot verification for individuals with
disabilities.
Sec. 50255. Durability and readability requirements for ballots.
Sec. 50256. Effective date for new requirements.
Sec. 50257. Clarification of ability of States to use election
administration payments to meet
requirements.
Part 7--Provisional Ballots
Sec. 50258. Requirements for counting provisional ballots;
establishment of uniform and
nondiscriminatory standards.
Part 8--Early Voting
Sec. 50259. Early voting.
Part 9--Voting by Mail
Sec. 50260. Voting by mail.
Part 10--Absent Uniformed Services Voters and Overseas Voters
Sec. 50261. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 50262. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 50263. Enforcement.
Sec. 50264. Revisions to 45-day absentee ballot transmission rule.
Sec. 50265. Use of single absentee ballot application for subsequent
elections.
Sec. 50266. Effective date.
Part 11--Poll Worker Recruitment and Training
Sec. 50267. Leave to serve as a poll worker for Federal employees.
Sec. 50268. Grants to States for poll worker recruitment and training.
Sec. 50269. Model poll worker training program.
Sec. 50270. State defined.
Part 12--Enhancement of Enforcement
Sec. 50271. Enhancement of enforcement of Help America Vote Act of
2002.
Part 13--Federal Election Integrity
Sec. 50272. Prohibition on campaign activities by chief State election
administration officials.
Part 14--Grants for Risk-limiting Audits of Results of Elections
Sec. 50273. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 50274. GAO analysis of effects of audits.
Part 15--Promoting Voter Access Through Election Administration
Improvements
subpart a--promoting voter access
Sec. 50275. Treatment of universities as voter registration agencies.
Sec. 50276. Minimum notification requirements for voters affected by
polling place changes.
Sec. 50277. Election Day holiday.
Sec. 50278. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 50279. Postage-free ballots.
Sec. 50280. Reimbursement for costs incurred by States in establishing
program to track and confirm receipt of
absentee ballots.
Sec. 50281. Voter information response systems and hotline.
subpart b--improvements in operation of election assistance commission
Sec. 50282. Reauthorization of Election Assistance Commission.
Sec. 50283. Requiring States to participate in post-general election
surveys.
Sec. 50284. Reports by National Institute of Standards and Technology
on use of funds transferred from Election
Assistance Commission.
Sec. 50285. Recommendations to improve operations of Election
Assistance Commission.
Sec. 50286. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
subpart c--miscellaneous provisions
Sec. 50287. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 50288. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Sec. 50289. No effect on other laws.
Part 16--Severability
Sec. 50290. Severability.
Subtitle C--Same Day Registration
Sec. 50301. Short title.
Sec. 50302. Same day registration.
Subtitle D--Equal Access to Support Youth Voting
Sec. 50401. Short title.
Sec. 50402. Requiring states to accept student identifications for
purposes of meeting voter identification
requirements.
Subtitle E--Restoring Confidence in America's Elections
Sec. 50501. Short title.
Part 1--Integrity of Voting Systems and Ballots
subpart a--promoting accuracy, integrity, and security through voter-
verified permanent paper ballot
Sec. 505101. Moratorium on acquisition of certain direct recording
electronic voting systems and certain other
voting systems.
Sec. 505102. Paper ballot and manual counting requirements.
Sec. 505103. Accessibility and ballot verification for individuals with
disabilities.
subpart b--additional voting system requirements
Sec. 505111. Additional voting system requirements.
subpart c--funding
Sec. 505121. Availability of additional funding to enable States to
meet costs of revised requirements.
Sec. 505122. Grants for development of compliant systems.
subpart d--effective date
Sec. 505131. Effective date for new requirements.
Part 2--Requirement for Mandatory Manual Audits by Hand Count
Sec. 505201. Mandatory manual audits.
Sec. 505202. Availability of enforcement under Help America Vote Act of
2002.
Sec. 505203. Guidance on best practices for alternative audit
mechanisms.
Sec. 505204. Clerical amendment.
Part 3--Other Reforms to Promote Integrity of Elections
subpart a--integrity of election administration
Sec. 505301. Prohibition on campaign activities by chief State election
administration officials.
Sec. 505302. Mandatory training for poll workers.
Sec. 505303. Due process requirements for individuals proposed to be
removed from list of eligible voters.
Sec. 505304. Mandatory response by Attorney General to allegations of
voter intimidation or suppression by law
enforcement officers and other government
officials.
subpart b--removing barriers to voting
Sec. 505311. Requirements for counting provisional ballots;
establishment of uniform and
nondiscriminatory standards.
Sec. 505312. Prohibiting imposition of conditions on voting by mail.
Sec. 505313. Mandatory availability of early voting.
Sec. 505314. Requirements for availability of sufficient polling
places, equipment, and resources.
Part 4--Rulemaking Authority of Election Assistance Commission
Sec. 505401. Permitting Election Assistance Commission to exercise
rulemaking authority.
Subtitle F--Redistricting and Voter Protection
Sec. 50601. Short title.
Sec. 50602. Requiring declaratory judgment or preclearance as
prerequisite for multiple Congressional
redistricting plans enacted pursuant to
same decennial census and apportionment of
Representatives.
Sec. 50603. No effect on redistricting plans enacted pursuant to court
order.
Subtitle G--Democracy Restoration
Sec. 50701. Short title.
Sec. 50702. Findings.
Sec. 50703. Rights of citizens.
Sec. 50704. Enforcement.
Sec. 50705. Notification of restoration of voting rights.
Sec. 50706. Definitions.
Sec. 50707. Relation to other laws.
Sec. 50708. Federal prison funds.
Sec. 50709. Effective date.
Subtitle H--Securing and Heightening the Integrity of Our Elections and
Lawful Democracy
Sec. 50801. Short title.
Sec. 50802. Election integrity.
Subtitle I--E-Security Fellows
Sec. 50901. Short title.
Sec. 50902. E-Security Fellows Program to provide political campaign
staff with training on best practices for
election cybersecurity.
Subtitle J--Deceptive Practices and Voter Intimidation Prevention
Sec. 51001. Short title.
Sec. 51002. Findings.
Sec. 51003. Prohibition on deceptive practices in Federal elections.
Sec. 51004. Corrective action.
Sec. 51005. Reports to Congress.
Sec. 51006. Severability.
Subtitle K--Election Day Holiday
Sec. 51101. Short title.
Sec. 51102. Treatment of Election Day in same manner as legal public
holiday for purposes of Federal employment.
Sec. 51103. Sense of Congress regarding treatment of day by private
employers.
Subtitle L--Stop Automatically Voiding Eligible Voters Off Their
Enlisted Rolls in States
Sec. 51201. Short title.
Sec. 51202. Conditions for removal of voters from list of registered
voters.
Subtitle M--VoteSafe
Sec. 51301. Short title.
Sec. 51302. Findings.
Sec. 51303. Requirements for no-excuse absentee voting, early in-person
voting, and plan to ensure polling places
implement CDC guidance for Federal
elections in 2020.
Sec. 51304. Grants to promote safe, accessible, and efficient in-person
voting.
TITLE VI--SAFE, ACCOUNTABLE, FAIR, EFFECTIVE JUSTICE
Sec. 60101. Short title.
Subtitle A--Identifying and Reducing Over-Federalization and Over-
Criminalization By Respecting the Balance of Powers Among the States
and the Federal Government
Sec. 60111. Compilation and publication of criminal offenses to provide
fair notice to address over-federalization.
Sec. 60112. Procedures to reduce over-federalization.
Sec. 60113. Procedures to reduce pretrial detention.
Sec. 60114. Annual review and reports of the citizen complaint process.
Sec. 60115. Focusing Federal criminal penalties for simple possession
to places of special Federal interest in
recognition of the balance of power between
the Federal Government and the States.
Subtitle B--Creating a Performance-Incentive Funding Program
Sec. 60201. Calculation of savings.
Sec. 60202. Distribution of performance incentive funding.
Sec. 60203. Use of performance incentive funding.
Sec. 60204. Definitions.
Subtitle C--Addressing Information Disparity and Accuracy in Criminal
Prosecutions to Protect Innocence More Robustly and to Reduce the
Number of Wrongful Convictions
Sec. 60301. Findings and declarations.
Sec. 60302. Accuracy and reliability of evidence in criminal cases;
addressing information disparity in
criminal cases.
Sec. 60303. Notification relating to forensic, prosecutorial, or law
enforcement misconduct.
Sec. 60304. Remedies.
Sec. 60305. Toolkits for State and local government.
Subtitle D--Concentrating Prison Space on Violent and Career Criminals
Part 1--Restoring Original Congressional Intent To Focus Federal Drug
Mandatory Minimums Only on Managers, Supervisors, Organizers, and
Leaders of Drug Trafficking Organizations and To Avoid Duplicative
Prosecution With States
Sec. 60401. Focusing the application of Federal mandatory minimums for
certain drug offenses to restore original
congressional intent respecting the balance
of power between the Federal Government and
the States.
Sec. 60402. Modification of criteria for ``safety valve'' limitation on
applicability of certain mandatory
minimums.
Sec. 60403. Consistency in the use of prior convictions for sentencing
enhancements.
Sec. 60404. Eligibility for resentencing based on changes in law.
Sec. 60405. Directives to the Sentencing Commission.
Sec. 60406. Exclusion of acquitted conduct and discretion to disregard
manipulated conduct from consideration
during sentencing.
Part 2--Clarification of Congressional Intent on Certain Recidivist
Penalties
Sec. 60407. Amendments to enhanced penalties provision.
Part 3--Expanding the Ability To Apply for Compassionate Release
Sec. 60408. Ability to petition for release to extended supervision for
certain prisoners who are medically
incapacitated, geriatric, or caregiver
parents of minor children and who do not
pose public safety risks.
Subtitle E--Encouraging Accountability With Greater Use of Evidence-
Based Sentencing Alternatives for Lower-Level Offenders
Sec. 60501. Eligibility for prejudgement probation.
Sec. 60502. Sentence of probation.
Sec. 60503. Directive to the Sentencing Commission regarding use of
probation.
Sec. 60504. Establishing accountability evidence-based problem-solving
court programs.
Subtitle F--Implementing Evidence-Based Practices to Reduce Recidivism
Part 1--Revision of Statutory Sentence Credits
Sec. 60601. Delivery and incentives to complete in-prison recidivism
reduction programming.
Sec. 60602. Post-sentencing risk and needs assessment system and in-
prison recidivism reduction programming.
Part 2--Oversight of Mental Health and Substance Abuse Treatment
Sec. 60603. Authorizing grants to States for the use of medication-
assisted treatment for heroin, opioid, or
alcohol abuse in residential substance
abuse treatment.
Sec. 60604. Performance-based contracting for residential reentry
centers.
Part 3--Implementing Swift, Certain, and Proportionate Sanctions for
Violations of Conditions of Probation or Supervised Release
Sec. 60605. Graduated sanctioning system.
Sec. 60606. Graduated responses to technical violations of supervision.
Sec. 60607. Targeted and proportional penalties for revocation of
probation.
Sec. 60608. Targeted and proportional penalties for violations of
supervised release.
Part 4--Focus Supervision Resources on High-Risk Offenders
Sec. 60609. Earned discharge credits for compliant supervisees.
Sec. 60610. Elimination of mandatory revocation for minor drug
violations.
Part 5--Maximizing Public Safety Returns on Corrections Dollars
Sec. 60611. Clarification or original congressional intent regarding
calculation of good time conduct credit.
Sec. 60612. Analysis of fiscal implications for inclusion in
presentence reports.
Sec. 60613. Supporting safe law enforcement.
Subtitle G--Increasing Government Transparency and Accuracy
Sec. 60701. Report on mandatory minimums.
Sec. 60702. Federal defender added as a nonvoting member of the
Sentencing Commission.
Sec. 60703. Budget and inmate population impact of legislation on the
Federal corrections system.
Sec. 60704. Reports.
DIVISION A--JOBS
TITLE I--MAIN STREET MARSHALL PLAN
Subtitle A--In General
SEC. 10101. SHORT TITLE.
This subtitle may be cited as the ``Improving Corporate Governance
Through Diversity Act of 2020''.
SEC. 10102. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
``(s) 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 issuer required to
file an annual report under subsection (a) shall disclose in
any proxy statement and any information statement relating to
the election of directors filed with the Commission the
following:
``(A) Data, based on voluntary self-identification,
on the racial, ethnic, and gender composition of--
``(i) the board of directors of the issuer;
``(ii) nominees for the board of directors
of the issuer; and
``(iii) the executive officers of the
issuer.
``(B) The status of any member of the board of
directors of the issuer, any nominee for the board of
directors of the issuer, or any executive officer of
the issuer, based on voluntary self-identification, as
a veteran.
``(C) Whether the board of directors of the issuer,
or any committee of that board of directors, has, as of
the date on which the issuer 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 issuer;
``(ii) nominees for the board of directors
of the issuer; or
``(iii) the executive officers of the
issuer.
``(3) Alternative submission.--In any 1-year period in
which an issuer required to file an annual report under
subsection (a) does not file with the Commission a proxy
statement relating to the election of directors or an
information statement, the issuer shall disclose the
information required under paragraph (2) in the first annual
report of issuer that the issuer submits to the Commission
after the end of that 1-year period.
``(4) Best practices.--
``(A) In general.--The Director of the Office of
Minority and Women Inclusion of the Commission shall,
not later than the end of the 3-year period beginning
on the date of the enactment of this subsection and
every three years thereafter, and in consultation with
the advisory council established pursuant to
subparagraph (C), publish best practices for compliance
with this subsection.
``(B) Comments.--The Director of the Office of
Minority and Women Inclusion of the Commission may,
pursuant to subchapter II of chapter 5 of title 5,
United States Code, solicit public comments related to
the best practices published under subparagraph (A).
``(C) Advisory committee.--The Director of the
Office of Minority and Women Inclusion of the
Commission shall, pursuant to the Federal Advisory
Committee Act, establish an advisory council, that
includes issuers and investors, to advise on the best
practices published under subparagraph (A).''.
Subtitle B--Infrastructure Spending Bills to Include Development
Programs That Recruit and Train Individuals From Communities With High
Unemployment Rates
SEC. 10201. FINDINGS.
The Congress finds the following:
(1) America would need to spend approximately $1.44
trillion over the next 10 years to close the infrastructure
gap.
(2) The infrastructure workforce is aging at a rate where
approximately 3,000,000 workers will need to be replaced over
the next 10 years, compounding America's infrastructure crisis.
(3) Infrastructure jobs include a wide range of employment
opportunities in both the public and private sectors, including
design, construction, operation, governance, and maintenance of
America's assets.
(4) Infrastructure jobs provide competitive wages with low
barriers to entry, many of which require on-the-job training in
lieu of formal higher education.
(5) In spite of rising income inequality, infrastructure
jobs paid approximately 30 percent more to low-income
individuals than other occupations between the years of 2005
and 2015.
(6) In the fourth quarter of 2016, African-Americans and
Hispanics between the ages of 25 and 34 had the highest
unemployment levels at 8.6 percent and 5.3 percent,
respectively.
(7) The unemployment rate for military veterans serving in
conflicts since September 11, 2001, has remained above the
national unemployment rate, with the Federal Reserve of Chicago
highlighting how wartime deployment can limit the types of
training veterans receive that are transferable to the civilian
labor market.
(8) The Federal Government should make concerted efforts,
by coordination with State and local governments, workforce
development agencies, educational institutions, including
Historically Black Colleges and Universities and Hispanic
Serving Institutions, to recruit, train, and retain America's
next generation of infrastructure workers to close the
workforce gap.
SEC. 10202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) any infrastructure spending bill enacted during the
116th Congress should include robust investments in workforce
development programs that take meaningful actions to recruit
and train individuals from communities with high unemployment
rates, including African-American communities, Hispanic
communities, and American Indian tribal areas;
(2) any infrastructure spending bill enacted during the
116th Congress should include robust investments in workforce
development programs that take meaningful actions to recruit
and train unemployed veterans that have served in a conflict
since September 11, 2001; and
(3) any infrastructure spending bill enacted during the
116th Congress should include meaningful outreach efforts
geared toward underrepresented contractors, including minority-
and women-owned businesses, veteran owned small businesses,
service-disabled veteran owned small businesses, and offerors
that employ veterans on a full-time basis.
Subtitle C--Drinking Water Infrastructure for Job Creation
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Drinking Water Infrastructure
for Job Creation Act''.
SEC. 10302. FINDINGS.
Congress finds the following:
(1) Investments in infrastructure create jobs while
fulfilling critical needs in communities throughout the United
States.
(2) According to the Brookings Institution, nearly 14.5
million workers--11 percent of the U.S. workforce--were
employed in infrastructure jobs in 2013.
(3) According to data from the Brookings Institution,
infrastructure occupations often provide more competitive and
equitable wages in comparison to all jobs nationally,
consistently paying up to 30 percent more to low-income
workers.
(4) The American Society of Civil Engineers gave the
infrastructure of the United States an overall grade of ``D+''
in 2017 and estimated that the United States will need to
invest $4.59 trillion by 2025 in order to improve the condition
of the Nation's infrastructure and bring it to a state of good
repair.
(5) The American Society of Civil Engineers assigned a
``D'' grade to the Nation's drinking water infrastructure and a
``D+'' grade to the Nation's wastewater infrastructure and
estimated that the United States will need to invest $150
billion by 2025 to bring them to a state of good repair.
(6) According to the American Society of Civil Engineers,
there are an estimated 240,000 water main breaks per year in
the United States, wasting over two trillion gallons of treated
drinking water.
(7) In 2016, the U.S. Environmental Protection Agency (EPA)
reported that although exposure to lead can cause serious
health problems, including damage to the brain and nervous
system in children and kidney problems and high blood pressure
in adults, an estimated 6.5 to 10 million homes nationwide
receive drinking water through lead service lines.
(8) Congress created the Drinking Water State Revolving
Funds in 1996 to help eligible public water systems finance
infrastructure projects in order to comply with Federal
drinking water regulations and meet the health objectives of
the Safe Drinking Water Act.
(9) The EPA is required periodically to conduct a survey of
the capital improvement needs of eligible public water systems
and distribute funding appropriated for the Drinking Water
State Revolving Funds among the States based on the results of
the most recent survey.
(10) In March of 2018, the EPA issued the 2015 Drinking
Water Needs Survey and Assessment, which is the most recent
survey of the capital improvement needs of eligible public
water systems and which estimated that $472.6 billion in
improvements are needed for the Nation's drinking water
infrastructure over 20 years in order to ensure the safety of
drinking water.
(11) In fiscal year 2018, Congress appropriated $1.163
billion for the Drinking Water State Revolving Funds to enable
States to provide grants and financing assistance to eligible
public water systems in order to improve drinking water
infrastructure in communities throughout the United States.
(12) Past appropriations for the Drinking Water State
Revolving Funds are not sufficient to address the tremendous
need for investments in drinking water infrastructure in
communities throughout the United States.
(13) Appropriating $7.5 billion in fiscal year 2019 for the
Drinking Water State Revolving Funds, and allowing the funds to
remain available for 6 years, will enable States to begin
immediately to expand investments in drinking water
infrastructure in communities throughout the United States.
(14) Restricting appropriations for the Drinking Water
State Revolving Funds through the use of arbitrary budget caps
or sequestration undermines economic recovery and job creation
efforts; disrupts planning by States, local communities, and
eligible public water systems; and leaves critical
infrastructure needs unmet.
(15) Emergency supplemental appropriations for the Drinking
Water State Revolving Funds, provided in addition to other
appropriations and not subject to sequestration, will improve
drinking water infrastructure and create jobs throughout the
United States without reducing funding for other domestic
priorities.
(16) An emergency supplemental appropriation of $7.5
billion for the Drinking Water State Revolving Funds to be made
available in fiscal year 2019, and to remain available for 6
years, will allow States to begin immediately to distribute
funds to eligible public water systems and allow local
communities and eligible public water systems to develop and
implement plans to improve drinking water infrastructure, thus
ensuring an efficient use of funds and timely job creation.
SEC. 10303. SUPPLEMENTAL APPROPRIATIONS FOR THE DRINKING WATER STATE
REVOLVING FUNDS.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2019:
ENVIRONMENTAL PROTECTION AGENCY
State and Tribal Assistance Grants
For an additional amount for capitalization grants under section
1452 of the Safe Drinking Water Act in accordance with the provisions
under this heading in title VII of division A of Public Law 111-5,
$7,500,000,000, to remain available through September 30, 2024:
Provided, That the amount under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
except that such amount shall be available only if the President
subsequently so designates such amount and transmits such designation
to the Congress.
SEC. 10304. EXEMPTION FROM SEQUESTRATION.
The appropriation in section 10303 shall be exempt from
sequestration under the Balanced Budget and Emergency Deficit Control
Act of 1985.
Subtitle D--Build Local, Hire Local
SEC. 10401. SHORT TITLE.
This subtitle may be cited as the ``Build Local, Hire Local Act''.
SEC. 10402. FINDINGS.
Congress finds that--
(1) infrastructure plays a vital role in the lives of all
people in the United States;
(2) the aging infrastructure of the United States is in
need of a significant investment to repair, rebuild, and
modernize, and in the process, the Federal Government can take
necessary steps to address economic and racial injustices that
have limited opportunities for far too many people of the
United States;
(3) decades of disinvestment and exclusionary policies have
isolated many people of color, low-income people, and disabled
individuals in the United States from opportunity across the
urban centers, deindustrialized cities, rural regions, and
Tribal areas of the United States, including horribly
inadequate investment to ensure universal access to clean air
and water, safe and reliable transportation, affordable
housing, quality living wage jobs, high-speed internet,
modernized schools, and parks and community facilities;
(4) while the construction of the National Highway System
remains one of the most transformative achievements in the
history of the United States, it came at the expense of many
low-income communities as well as minority neighborhoods of all
income levels that were destroyed by the construction and
isolated from the broader community and from economic
opportunity;
(5) investing in repairing, rebuilding, and modernizing the
infrastructure of the United States presents an opportunity to
learn from the mistakes of the past and reimagine how
communities can design and build infrastructure to be more
equitable, helping to address structural inequities faced by
marginalized communities nationwide, including a lack of good
paying jobs, affordable, accessible, and inclusive housing,
decaying roads, bridges, and schools, inadequate access to
technology, and exposure to toxic emissions and poisoned water;
(6) accessibility to quality infrastructure, training, and
jobs is an issue across the United States, spanning from rural
and Tribal areas to urban and suburban areas;
(7) transportation infrastructure has a significant impact
on access to jobs, education, healthcare, healthy foods, and
other essential services;
(8) accessibility to essential services is defined not only
by speed, but also by ease of access, which includes the
ability to safely and conveniently access services by all modes
of travel;
(9) with a shortage of construction firms that are ready
and able to take on the large-scale infrastructure projects the
United States demands, the close to 478,000 specialty trade
contractors in smaller minority, women, and disadvantaged
businesses could be supported to meet this demand;
(10) small businesses and under-represented contractors,
including minority-, women-, veteran-owned businesses, and
businesses owned by disabled individuals should have the
opportunity to rebuild their communities and employ hardworking
people of the United States along the way;
(11) as of 2018, about \1/4\ of the infrastructure
workforce is projected to retire or permanently leave their
jobs over the next decade, compounding the infrastructure
crisis in the United States;
(12) as of 2019, the Board of Governors of the Federal
Reserve System finds that skilled trades and many occupations
that do not require a 4-year degree are not considered to be at
significant risk of automation;
(13) infrastructure jobs include a wide range of employment
opportunities in both the public and private sectors, including
design, manufacturing, construction, operation, governance, and
maintenance of infrastructure assets in the United States;
(14) more than 1 in 10 jobs in the United States is a
transportation- or infrastructure-related job;
(15) many infrastructure jobs provide competitive wages
with low barriers to entry, many of which require on-the-job
training in lieu of formal 4-year degree higher education
programs;
(16) in spite of rising income inequality, infrastructure
jobs paid approximately 30 percent more to low income
individuals than other occupations in 2018;
(17) women, people of color, and particularly women of
color are underrepresented in construction jobs;
(18) while women across all occupations currently make up
about 50 percent of the workforce, women in construction and
extraction occupations has hovered around 3 percent for the
last 3 decades;
(19) while Black Americans make up about 12 percent of the
overall workforce, Black Americans only represent 7 percent of
construction and extraction occupations;
(20) by focusing on improving workforce development systems
through targeted employment strategies, the Federal Government
can improve the quality of future projects and better ensure
that all communities benefit from investments that--
(A) protect workers;
(B) expand opportunities for advancement;
(C) establish strong labor standards; and
(D) redress discriminatory policies that have
unfairly burdened low-income communities and
communities of color with pollution of geographic
isolation; and
(21) the Federal Government should make concerted efforts
to close the workforce gap, through coordination with States
and units of local government, workforce development agencies,
national and regional nonprofit intermediaries, labor
organizations, and institutions of higher education and other
educational institutions, including historically Black colleges
and universities and Hispanic-serving institutions, to recruit,
train, and retain the next generation of infrastructure workers
in the United States, with a focus on--
(A) achieving gender, ethnic, racial, and ability
diversity; and
(B) recruiting and training individuals from
communities with high unemployment rates, including
African-American communities, Hispanic communities,
Indian Tribes, the disabled community, and the LGBTQ
community.
SEC. 10403. DEFINITIONS.
In this subtitle:
(1) Covered infrastructure program.--The term ``covered
infrastructure program'' means any of the following:
(A) Direct and guaranteed loans and grants under
section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)).
(B) Distance learning and telemedicine grants under
section 2333 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 950aaa-2).
(C) Broadband loans and loan guarantees under title
IV of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.).
(D) The community connect grant program established
under title III of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations, 2004 (Public Law 108-199; 118 Stat.
29).
(E) Solid waste management grants under section
310B(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(b)).
(F) A program or project carried out under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3121 et seq.).
(G) Financial assistance for development,
implementation, or modification of a State energy
conservation plan under section 363 of the Energy
Policy and Conservation Act (42 U.S.C. 6323).
(H) State water pollution control revolving funds
established under title VI of the Federal Water
Pollution Control Act (33 U.S.C. 1381 et seq.).
(I) State drinking water treatment revolving loan
funds established under section 1452 of the Safe
Drinking Water Act (42 U.S.C. 300j-12).
(J) Grants for construction of health centers
provided by the Secretary of Health and Human Services.
(K) Grants for construction, renovation, or repair
of non-Federal research facilities provided by the
Director of the National Institutes of Health.
(L) The public transportation security assistance
grant program under section 1406 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (6
U.S.C. 1135).
(M) Assistance provided under the Public Housing
Capital Fund established under section 9(d) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d)).
(N) 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.).
(O) The Indian housing block grant program under
section 101 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4111).
(P) The rural water supply program under section
103 of the Rural Water Supply Act of 2006 (43 U.S.C.
2402).
(Q) Financial assistance provided under the Water
Infrastructure Finance and Innovation Act (33 U.S.C.
3901 et seq.).
(R) Assistance provided under title 23, United
States Code.
(S) Assistance provided under chapter 53 of title
49, United States Code.
(T) Programs for civil works projects, including
water resources projects, under the jurisdiction of the
Corps of Engineers.
(U) Assistance provided for a freight or passenger
rail project under subtitle V of title 49, United
States Code.
(V) Assistance provided for an airport development
project under chapter 471 of title 49, United States
Code.
(W) Assistance for an environmental cleanup project
under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
(X) Assistance provided under section 7007 and 7008
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7707, 7708).
(Y) Mutual and self-help housing assistance
provided under section 523 of the Housing Act of 1949
(42 U.S.C. 1490c).
(Z) Site development loans provided under section
524 of the Housing Act of 1949 (42 U.S.C. 1490d).
(AA) Loan guarantees for rural rental housing
provided under section 538 of the Housing Act of 1949
(42 U.S.C. 1490p-2).
(BB) Assistance provided 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)).
(CC) Grants awarded from the Capital Magnet Fund
established under section 1339 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4569).
(DD) Assistance provided under the Connect America
Fund of the Federal Communications Commission under
subpart D of part 54 of title 47, Code of Federal
Regulations (or a successor regulation).
(EE) The Connect Communities Program under section
10444.
(FF) Any similar program, as determined by the
Director of the Office of Management and Budget, in
consultation with the heads of the relevant Federal
agencies.
(2) Head of the relevant federal agency.--The term ``head
of the relevant Federal agency'' means the head of a Federal
department or agency that administers or has jurisdiction over
a covered infrastructure program.
(3) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(4) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
PART 1--CREATING JOBS AND RAISING THE QUALITY OF LIFE IN EVERY
COMMUNITY
Subpart A--Creating Local Jobs Across the Country
SEC. 10411. TARGETED HIRING REQUIREMENTS FOR CONSTRUCTION JOBS CREATED
BY COVERED INFRASTRUCTURE PROGRAMS.
(a) Definition of Local.--
(1) In general.--In this section, the term ``local'', with
respect to hiring for a project, means hiring within the
geographical boundaries of the area in which the project is
located, as determined by the recipient of assistance under a
covered infrastructure program, in coordination with the head
of the relevant Federal agency, subject to the requirement that
the geographical area shall--
(A) include high-poverty, high-unemployment zip
codes; and
(B) be the size of a county, multi-county,
statewide, or multi-State region.
(2) Savings provision.--Nothing in paragraph (1) prohibits
interstate hiring.
(b) Requirement.--
(1) In general.--Notwithstanding any other provision of law
and to the maximum extent practicable, except to the extent
that the head of the relevant Federal agency determines
otherwise, in the case of any construction project carried out
under a covered infrastructure program, the head of the
relevant Federal agency shall ensure that, of the workers hired
for the project (including workers hired for related
maintenance, service, or operations activities for the
project), the applicable percentage described in paragraph (2)
are hired through local hiring, in partnership with a
registered apprenticeship program, if applicable, or with a
State workforce development board or local workforce
development board, if applicable.
(2) Applicable percentage.--The applicable percentage
referred to in paragraph (1) is--
(A) for fiscal year 2021, 10 percent;
(B) for fiscal year 2022, 20 percent;
(C) for fiscal year 2023, 30 percent;
(D) for fiscal year 2024, 40 percent; and
(E) for fiscal year 2025 and each fiscal year
thereafter, 50 percent.
(c) Priority.--In carrying out subsection (b), the head of the
relevant Federal agency shall ensure that the entity carrying out the
project gives priority to--
(1) 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 disabled individuals
(as defined in section 10421);
(2) veterans (as defined in section 10421); and
(3) individuals that represent populations that are
traditionally underrepresented in the infrastructure workforce,
such as women and racial and ethnic minorities.
(d) Reports and Oversight.--
(1) In general.--Not less frequently than annually, the
Secretary of Labor, in consultation with the heads of the
relevant Federal agencies, shall--
(A) submit to Congress a report on the
implementation of this section; and
(B) make the report under subparagraph (A),
including any related data, publicly available on the
internet.
(2) GAO review.--Not later than 5 years after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) carry out a review of the implementation of
this section to determine compliance with this section;
and
(B) submit to Congress a report on the results of
the review under subparagraph (A), including any
suggestions or recommendations for legislative,
regulatory, or other changes to improve the
implementation of this section or compliance with this
section.
SEC. 10412. COMPLIANCE WITH COURT ORDERS.
Nothing in this subpart limits the eligibility of an individual or
entity to receive assistance made available under a covered
infrastructure program if the individual or entity is prevented, in
whole or in part, from complying with section 10411(b) because a
Federal court issues a final order in which the court finds that a
requirement or the implementation of that section is unconstitutional.
Subpart B--Rebuilding Our Infrastructure With American Business
SEC. 10421. DEFINITIONS.
In this subpart:
(1) Disabled individual.--The term ``disabled individual''
means an individual with a disability (as defined in section 3
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102)).
(2) LGBTQ.--The term ``LGBTQ'' means, with respect to an
individual, a lesbian, gay, bisexual, transgender, or queer
individual.
(3) Owned and controlled.--The term ``owned and
controlled'', with respect to a business, means--
(A) ownership of at least 51 percent of the
business, or in the case of any publicly owned
business, ownership of at least 51 percent of the
stock; and
(B) control of the management and daily business
operations of the business.
(4) Small business concern.--
(A) In general.--The term ``small business
concern'' means a small business concern (within the
meaning of section 3(a) of the Small Business Act (15
U.S.C. 632(a))).
(B) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or individuals
that have average annual gross receipts during the
preceding 3 fiscal years in excess of $23,980,000, as
adjusted annually by the head of the relevant Federal
agency for inflation.
(5) Socially or economically disadvantaged individual.--The
term ``socially or economically disadvantaged individual''
means any socially and economically disadvantaged individuals
within the meaning of section 8(d) of the Small Business Act
(15 U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act.
(6) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 10422. INCREASING MEANINGFUL SMALL BUSINESS PARTICIPATION.
(a) In General.--Except to the extent that the head of the relevant
Federal agency determines otherwise--
(1) not less than the percentage described in subsection
(b) for the applicable fiscal year of the amounts made
available for each covered infrastructure program shall be
expended through small business concerns; and
(2) not less than the percentage described in subsection
(b) for the applicable fiscal year of the total number of
projects that receive assistance under each covered
infrastructure program shall be subcontracted through a small
business concern.
(b) Percentage Described.--The percentage referred to in each of
paragraphs (1) and (2) of subsection (a) is--
(1) for fiscal year 2021, 6 percent;
(2) for fiscal year 2022, 12 percent;
(3) for fiscal year 2023, 19 percent;
(4) for fiscal year 2024, 26 percent; and
(5) for fiscal year 2025 and each fiscal year thereafter,
33 percent.
(c) Report.--Not less frequently than once each fiscal year, the
Administrator of the Small Business Administration, in consultation
with the heads of the relevant Federal agencies, shall submit to
Congress a report on the implementation of subsection (a).
SEC. 10423. REQUIRING MEANINGFUL PARTICIPATION FROM TARGETED
BUSINESSES.
(a) In General.--Except to the extent that the head of the relevant
Federal agency determines otherwise, not less than the percentage
described in subsection (b) for the applicable fiscal year of the
amounts made available for a covered infrastructure program shall be
expended through businesses owned and controlled by--
(1) socially or economically disadvantaged individuals;
(2) women;
(3) veterans;
(4) LGBTQ individuals;
(5) disabled individuals; or
(6) ex-offenders.
(b) Percentage Described.--The percentage referred to in subsection
(a) is--
(1) for fiscal year 2020, 6 percent;
(2) for fiscal year 2021, 12 percent;
(3) for fiscal year 2022, 18 percent;
(4) for fiscal year 2023, 24 percent; and
(5) for fiscal year 2024 and each fiscal year thereafter,
30 percent.
(c) Report.--Not less frequently than once each fiscal year, the
Secretary of Commerce, in consultation with the Administrator of the
Small Business Administration and the heads of the relevant Federal
agencies, shall submit to Congress a report on the implementation of
subsection (a).
SEC. 10424. COMPLIANCE WITH COURT ORDERS.
Nothing in this subpart limits the eligibility of an individual or
entity to receive assistance made available under a covered
infrastructure program if the individual or entity is prevented, in
whole or in part, from complying with section 10422(a) or 10423(a), as
applicable, because a Federal court issues a final order in which the
court finds that a requirement or the implementation of section
10422(a) or 10423(a), as applicable, is unconstitutional.
SEC. 10425. EXPANSION OF SMALL BUSINESS ADMINISTRATION SURETY BOND
PROGRAM.
Section 411(a)(1)(A) of the Small Business Investment Act of 1958
(15 U.S.C. 694b(a)(1)(A)) is amended by striking ``$6,500,000'' and
inserting ``$10,000,000''.
Subpart C--Encouraging the Use of U.S. Employment Plans and Best-Value
Contracting Analysis
SEC. 10431. CREATING A BEST-VALUE ANALYSIS FOR FEDERAL EXPENDITURES ON
INFRASTRUCTURE, USE OF U.S. EMPLOYMENT PLANS, AND
PREFERENCES FOR REGISTERED APPRENTICESHIP PROGRAMS AND
NEUTRALITY IN UNION ORGANIZING.
(a) Definitions.--In this section:
(1) Commitment to high-quality career and business
opportunities.--The term ``commitment to high-quality career
and business opportunities'' means participation in a
registered apprenticeship program (as defined in section
10451(a)(2)).
(2) U.S. employment plan.--The term ``U.S. Employment
Plan'' means a plan under which an entity receiving Federal
assistance for a project under a covered infrastructure program
shall--
(A) include in a request for proposal an
encouragement for bidders to include, with respect to
the project--
(i) high-quality wage, benefit, and
training commitments by the bidder and the
supply chain of the bidder for the project; and
(ii) a commitment to recruit and hire
individuals described in section 10411(c) if
the project results in the hiring of employees
not currently or previously employed by the
bidder and the supply chain of the bidder for
the project;
(B) give preference for the award of the contract
to a bidder that includes the commitments described in
clauses (i) and (ii) of subparagraph (A); and
(C) ensure that each bidder that includes the
commitments described in clauses (i) and (ii) of
subparagraph (A) that is awarded a contract complies
with those commitments.
(b) Best-Value Framework.--To the maximum extent practicable, a
recipient of assistance under a covered infrastructure program is
encouraged--
(1) to ensure that each dollar invested in infrastructure
uses a best-value contracting framework to maximize the local
value of federally funded contracts by evaluating bids on price
and other criteria prioritized in the bid, such as--
(A) equity;
(B) environmental and climate justice;
(C) impact on greenhouse gas emissions;
(D) resilience;
(E) the results of a 40-year life-cycle analysis;
(F) safety;
(G) commitment to creating or sustaining high-
quality job opportunities affiliated with registered
apprenticeship programs (as defined in section
10451(a)(2)) for disadvantaged or underrepresented
individuals in infrastructure industries in the United
States; and
(H) access to jobs and essential services by all
modes of travel for all users, including disabled
individuals (as defined in section 10421);
(2) in evaluating bids, to give at least equal weight to
the criteria described in paragraph (1) as to past performance;
and
(3) to ensure community engagement, transparency, and
accountability in carrying out each stage of the project.
(c) Preference for Registered Apprenticeship Programs.--To the
maximum extent practicable, a recipient of assistance under a covered
infrastructure program, with respect to the project for which the
assistance is received, shall give preference to a bidder that
demonstrates a commitment to high-quality job opportunities affiliated
with registered apprenticeship programs (as defined in section
10451(a)(2)).
(d) Preference for Neutrality in Union Organizing.--Notwithstanding
any other provision of law, the head of each relevant Federal agency,
in consultation with the Secretary of Labor, shall give preference in
providing assistance under a covered infrastructure program to an
entity that commits to giving preference in awarding contracts and
subcontracts for projects carried out with that assistance to bidders
that have an explicit neutrality policy on any issue involving the
organization of employees for purposes of collective bargaining.
(e) Use of U.S. Employment Plan.--Notwithstanding any other
provision of law, in carrying out a project under a covered
infrastructure program, each entity that receives Federal assistance
shall use a U.S. Employment Plan for each contract of $5,000,000 or
more for the purchase of manufactured goods or of services, based on an
independent cost estimate.
(f) Report.--Not less frequently than once each fiscal year, the
heads of the relevant Federal agencies shall jointly submit to Congress
a report describing the implementation of this section.
(g) Intent of Congress.--
(1) In general.--It is the intent of Congress--
(A) to encourage recipients of Federal assistance
under covered infrastructure programs to use a best-
value contracting framework described in subsection
(b)(1) for the purchase of goods and services;
(B) to encourage recipients of Federal assistance
under covered infrastructure programs to use
preferences for registered apprenticeship programs and
neutrality in union organizing as described in
subsections (c) and (d) when evaluating bids for
projects using that assistance;
(C) to require that recipients of Federal
assistance under covered infrastructure programs use
the U.S. Employment Plan in carrying out the project
for which the assistance was provided; and
(D) that full and open competition under covered
infrastructure programs means a procedural competition
that prevents corruption, favoritism, and unfair
treatment by recipient agencies.
(2) Inclusion.--A best-value contracting framework
described in subsection (b)(1) is a framework that authorizes a
recipient of Federal assistance under a covered infrastructure
program, in awarding contracts, to evaluate a range of factors,
including price, the quality of products, the quality of
services, and commitments to the creation of good jobs for all
people in the United States.
Subpart D--Improving Safety, Connectivity, and Access to Better
Opportunities
SEC. 10441. ACCESSIBILITY DATA PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation (referred to in this
section as the ``Secretary'') shall carry out an accessibility data
program (referred to in this section as the ``program'').
(b) Purpose.--The purpose of the program is to develop or procure
an accessibility data set and make that data set available to each
eligible entity selected to participate in the program to improve the
transportation planning of those eligible entities by--
(1) measuring the level of access by multiple
transportation modes to important destinations, which may
include--
(A) jobs, including areas with a concentration of
available jobs;
(B) health care facilities;
(C) child care services;
(D) educational and workforce training facilities;
(E) affordable and accessible housing;
(F) food sources; and
(G) connections between modes, including
connections to--
(i) high-quality transit or rail service;
(ii) safe bicycling corridors; and
(iii) safe sidewalks that achieve
compliance with applicable requirements of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(2) disaggregating the level of access by multiple
transportation modes by a variety of population categories,
which may include--
(A) low-income populations;
(B) minority populations;
(C) age;
(D) disability; and
(E) geographical location; and
(3) assessing the change in accessibility that would result
from new transportation investments.
(c) Eligible Entities.--An entity eligible to participate in the
program is--
(1) a State (as defined in section 101(a) of title 23,
United States Code);
(2) a metropolitan planning organization; or
(3) a rural planning organization.
(d) Application.--To be eligible to participate in 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 information relating to--
(1) previous experience of the eligible entity measuring
transportation access or other performance management
experience;
(2) the types of important destinations to which the
eligible entity intends to measure access;
(3) the types of data disaggregation the eligible entity
intends to pursue; and
(4) a general description of the methodology the eligible
entity intends to apply.
(e) Selection.--The Secretary shall seek to achieve diversity of
participants in the program, including--
(1) by selecting a range of eligible entities that shall
include not less than--
(A) 5 States;
(B) 10 metropolitan planning organizations, of
which--
(i) 5 shall each serve an area with a
population of not more than 200,000 people; and
(ii) 5 shall each serve an area with a
population of 200,000 or more people; and
(C) 5 rural planning organizations; and
(2) among the eligible entities selected under paragraph
(1)--
(A) a range of capacity and previous experience
with measuring transportation access; and
(B) a variety of proposed methodologies and focus
areas for measuring level access.
(f) Duties.--For each eligible entity participating in the program,
the Secretary shall--
(1) develop or acquire an accessibility data set described
in subsection (b); and
(2) submit the data set to the eligible entity.
(g) Methodology.--In calculating the measures for the data set
under the program, the Secretary shall ensure that methodology is open
source.
(h) Availability.--The Secretary shall make an accessibility data
set under the program available to--
(1) units of local government within the jurisdiction of
the eligible entity participating in the program; and
(2) researchers.
(i) Report.--Not later than 120 days after the last date on which
the Secretary submits data sets to the eligible entity under subsection
(f), the Secretary shall submit to Congress a report on the results of
the program, including the feasibility of developing and providing
periodic accessibility data sets for all States, regions, and
localities.
(j) Public Availability of Data.--The Secretary may make publicly
available on the internet the data sets and the report under subsection
(i).
(k) Funding.--The Secretary shall carry out the program using
amounts made available to the Secretary for administrative expenses to
carry out programs under the authority of the Secretary.
SEC. 10442. ESTABLISHMENT OF PERFORMANCE MEASURES FOR TRANSPORTATION
ACCESSIBILITY.
(a) Connectivity and Accessibility Performance Measures.--Section
150 of title 23, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``and in the
case of paragraph (7), not later than 3 years after the
date of enactment of the Build Local, Hire Local Act,''
after ``MAP-21,''; and
(B) by adding at the end the following:
``(7) Multimodal transportation connectivity and
accessibility.--
``(A) Definition of disadvantaged population.--In
this paragraph, the term `disadvantaged population'
means a low-income population, a minority population,
or people with disabilities, as determined by the
Secretary.
``(B) Regulations.--The Secretary shall issue such
regulations as are necessary to establish performance
measures relating to transportation connectivity and
accessibility for States, metropolitan planning
organizations, and units of local government to improve
the connectivity and accessibility of roadways, public
transportation infrastructure, pedestrian and bikeway
infrastructure, and other transportation
infrastructure.
``(C) Inclusions.--The performance measures
established pursuant to subparagraph (B) shall include
measures to assess--
``(i) with respect to the general
population serviced by a transportation
system--
``(I) the change in cumulative
access to employment opportunities and
other essential services, including
educational and workforce training
locations, health care facilities,
recreational assets, and supermarkets
and grocers;
``(II) multimodal choice and
enhanced interconnections among modes--
``(aa) to offer variety of
choice between and among modes;
``(bb) to provide
accessible and reliable
transportation for all users;
and
``(cc) to encourage travel
demand management among local
and statewide employers; and
``(III) any other issues the
Secretary determines to be appropriate;
and
``(ii) with respect to disadvantaged
populations serviced by a transportation
system--
``(I) transportation accessibility
for disadvantaged populations;
``(II) change in cumulative
accessibility for disadvantaged
populations to employment opportunities
and other essential services, including
educational and workforce training
locations, health care facilities,
recreational assets, and supermarkets
and grocers; and
``(III) any other issues the
Secretary determines to be
appropriate.'';
(2) in subsection (d)(1), by striking ``and (6)'' and
inserting ``(6), and (7)''; and
(3) by adding at the end the following:
``(f) Report on Multimodal Transportation Connectivity and
Accessibility.--Not less frequently than annually--
``(1) each State, metropolitan planning organization, and
unit of local government shall submit to the Secretary the
progress of that entity toward achieving the performance
measures under subsection (c)(7); and
``(2) the Secretary shall--
``(A) submit to Congress a report that includes the
results of the reporting under paragraph (1); and
``(B) make publicly available on the internet the
report under subparagraph (A) and any accompanying
data.''.
(b) Highway Metropolitan Planning Coordination.--Section
134(h)(2)(B) of title 23, United States Code, is amended by adding at
the end the following:
``(iii) Multimodal transportation
accessibility performance targets.--Selection
of performance targets by a metropolitan
planning organization shall be coordinated, to
the maximum extent practicable, with the
relevant State, local transportation planning
agencies, and providers of public
transportation to ensure consistency with
section 150(c)(7).''.
(c) Public Transportation Metropolitan Planning Coordination.--
Section 5303(h)(2)(B) of title 49, United States Code, is amended by
adding at the end the following:
``(iii) Multimodal transportation
accessibility performance targets.--Selection
of performance targets by a metropolitan
planning organization shall be coordinated, to
the maximum extent practicable, with the
relevant State, local transportation planning
agencies, and providers of public
transportation to ensure consistency with
section 150(c)(7) of title 23.''.
SEC. 10443. TECHNICAL ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Transportation (referred to in
this section as the ``Secretary''), in coordination with the
Administrator of the Federal Highway Administration, the Administrator
of the Federal Transit Administration, the Secretary of Housing and
Urban Development, and the Secretary of Agriculture shall establish a
program (referred to in this section as the ``program'') to provide
technical assistance to local communities adjacent to planned or
existing transportation infrastructure projects to explore design and
policy approaches to create connected, economically prosperous, and
environmentally and physically healthy communities that--
(1) avoid displacement of the current population; and
(2) maximize high-quality jobs in the United States that
pay family-sustaining wages.
(b) Purposes.--The purposes of the program are--
(1) to identify innovative solutions to infrastructure
challenges, including reconnecting communities that--
(A) are bifurcated by infrastructure such as
highways or viaducts;
(B) lack safe, reliable, and affordable
transportation choices; or
(C) have been disconnected due to natural
disasters, in particular, communities in areas that are
being harmed the most by climate change; and
(2) to inform the transportation planning and project life
cycle by actively encouraging community input and feedback.
(c) Application.--To be eligible to receive technical assistance
under the program, a local community described in subsection (a) shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require,
including--
(1) a description of the ``community team'' that will
participate in the program, which shall consist of--
(A) elected officials;
(B) senior transportation professionals;
(C) State workforce development boards or local
workforce development boards; and
(D) a cross-section of residents of the local
community;
(2) a description of a neighborhood infrastructure
challenge, including all modes and users of transportation, in
the local community that limits access to social or economic
centers or other essential services;
(3) an explanation of the goals the local community aims to
achieve with assistance under the program; and
(4) letters of support from the applicable State department
of transportation and other entities, such as community groups,
transit agencies, port authorities, metropolitan planning
organizations, and political subdivisions of State and local
governments.
(d) Priority.--In selecting local communities to participate in the
program, the Secretary shall give priority to a local community that is
economically disadvantaged.
(e) Technical Assistance.--The Secretary shall provide to a local
community that is selected to participate in the program--
(1) technical assistance to inform, prepare, and enable the
local community to better engage in--
(A) Federal transportation planning;
(B) programming and planning to improve resiliency
and environmental sustainability and reduce greenhouse
gas emissions;
(C) the environmental review process under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.);
(D) life-cycle analysis of a prospective project;
(E) Federal assistance programs; and
(F) policies that maximize the creation of high-
quality jobs in the United States; and
(2) technical expertise through representatives from
regional and national design, architecture, engineering, and
planning firms and public, private, and nonprofit land use
professionals.
(f) Funding.--The Secretary shall use not less than 10 percent of
the amounts made available to carry out section 10444 for each fiscal
year to carry out the program.
SEC. 10444. CONNECT COMMUNITIES PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary''), in coordination with
the Administrator of the Federal Highway Administration, the
Administrator of the Federal Transit Administration, the
Secretary of Housing and Urban Development, the Secretary of
Labor, the Administrator of the Environmental Protection
Agency, and the Secretary of Agriculture shall carry out a
competitive grant program to be known as the ``Connect
Communities Program'' (referred to in this section as the
``program'') to provide grants for projects to create
connected, economically prosperous, and environmentally and
physically healthy communities in--
(A) areas that are economically disadvantaged,
including areas that have experienced levels of poverty
of 20 percent or more, high levels of outmigration, and
high levels of deindustrialization;
(B) areas that currently lack accessible and
affordable transportation options in terms of--
(i) lack of access to jobs and services;
and
(ii) lack of physical accessibility;
(C) neighborhoods bifurcated by large-scale
infrastructure projects; or
(D) areas that have been negatively impacted by
climate change.
(2) Goals.--The goals of the program are--
(A) to reduce the cost of construction, operations,
and maintenance of arterial highways;
(B) to demonstrate the social, economic, and
environmental benefits that result from replacing a
grade-separated facility with an at-grade boulevard;
(C) to improve neighborhood connectivity, including
the re-establishment of through streets eliminated as a
result of the construction of the grade-separated
facility;
(D) to increase the total acreage of land within
the project corridor returned to productive use,
including commercial, residential, recreational, and
habitat restoration uses;
(E) to improve the resiliency and reduce the
environmental impact of existing infrastructure assets;
and
(F) to increase the connectivity of disadvantaged
communities to economic opportunity.
(b) Eligibility.--
(1) Eligible entities.--An entity eligible to receive a
grant under the program is--
(A) a State (as defined in section 101(a) of title
23, United States Code) or any other territory or
possession of the United States;
(B) an Indian Tribe;
(C) a unit of local government;
(D) a political subdivision of a State or local
government;
(E) a transit agency;
(F) a metropolitan planning organization;
(G) a nonprofit organization, including a community
mission-based organization;
(H) 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));
(I) a special purpose district or public authority
with a transportation function, including a port
authority;
(J) a Federal land management agency that applies
jointly with a State or group of States; or
(K) a multistate or multijurisdictional group of
entities described in subparagraphs (A) through (J).
(2) Eligible projects.--A project eligible to be carried
out with funds from a grant provided under the program is--
(A) a project for community-based redevelopment,
rehabilitation, or replacement of infrastructure,
including--
(i) the removal of a limited access
highway, a viaduct or overpass, an Interstate
route, an interchange, a bridge, or any other
principal arterial facility that has--
(I) historically had detrimental
effects on minority and low-income
communities; or
(II) created barriers to community
connectivity due to high speeds, grade
separations or other design factors;
and
(ii) if necessary to achieve the purposes
of the program, road realignment or new
construction;
(B) a project to prevent the displacement of
minority or low-income individuals or businesses during
and after redevelopment, rehabilitation, or replacement
of infrastructure;
(C) a project for transit-oriented development in a
low-income area or that benefits low-income individuals
that includes 1 or more of--
(i) transit-supportive, accessible, mixed-
use development (including commercial
development, affordable and accessible housing,
and market-rate housing) that is within 2 miles
of and accessible to 1 or more public
transportation facilities that--
(I) achieve compliance with--
(aa) applicable
requirements of the Americans
with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.); and
(bb) the most recent public
rights-of-way accessibility
guidelines developed by the
Architectural and
Transportation Barriers
Compliance Board established by
section 502(a)(1) of the
Rehabilitation Act of 1973 (29
U.S.C. 792(a)(1)); and
(II) are connected with high
frequency to job centers;
(ii) the facilitation of multimodal
connectivity and accessibility to employment
opportunities and other essential services,
including educational and workforce training
locations, health care facilities, recreational
assets, and supermarkets and grocers; and
(iii) an increase in access to transit hubs
for pedestrian and bicycle traffic;
(D) a public transportation project eligible for
assistance under chapter 53 of title 49, United States
Code, that will achieve the purposes of the program,
including--
(i) an investment in intermodal projects;
and
(ii) a new fixed guideway capital project
or a small start project (as those terms are
defined in section 5309(a) of title 49, United
States Code), if a grant under the program will
expedite the completion of the project and the
entry into revenue service of the project;
(E) a passenger rail transportation project that
achieves the purpose of the program;
(F) a project to improve the resiliency of
infrastructure against natural disasters;
(G) a project to reduce the environmental impact of
existing infrastructure assets;
(H) a project to bring a community into compliance
with the performance measures established under section
150(c)(7) of title 23, United States Code; and
(I) any other project that the Secretary determines
would achieve the purpose of the program.
(3) Eligible areas.--An eligible project under paragraph
(2) shall be carried out in an area or neighborhood described
in subparagraphs (A) through (D) of subsection (a)(1).
(c) Applications.--
(1) In general.--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) a project plan developed with assistance under
section 10443 or independently, as applicable;
(B) a description of how the project meets the
criteria described in subsection (d);
(C) a certification that the eligible entity has
solicited public comments on the project plan that
includes--
(i) a certification that the eligible
entity has held 2 or more public hearings, at
least 1 of which was held outside of standard
business hours in a location that was open and
accessible to the community in which the
proposed project is located;
(ii) a description of the process for
receiving public comments, including
involvement of residents and stakeholders in
the community in which the project will occur;
(iii) a summary of the comments received;
and
(iv) such other information as the
Secretary may require;
(D) a description of how the grant would be used
and the current status of project planning;
(E) a description of how the project will address
the purposes of the program, including plans to avoid
displacement of current residents in the project area;
(F) a description of how the eligible entity will
prioritize the well-being and advancement of
disadvantaged populations through the project and as an
outcome of the project;
(G) an assessment of--
(i) the accessibility of employment
opportunities and other essential services,
including educational and workforce training
locations, health care facilities, recreational
assets, and supermarkets and grocers, within
the area to public transportation facilities
and nearby affordable housing; and
(ii) how the proposed project will relate
to identified needs in those areas;
(H) an assessment of transportation options in the
area, including--
(i) public transportation options;
(ii) options for people with low incomes,
people living in high-poverty areas, elderly
people, and people with disabilities; and
(iii) any obstacles to providing access to
locations that offer employment opportunities
and other essential services, including
educational and workforce training locations,
health care facilities, recreational assets,
and supermarkets and grocers;
(I) an assessment of methods for lowering the
combined cost of housing and transportation for
families in the region, particularly for families that
utilize workforce housing and for low-, very low-, and
extremely low-income families;
(J) an assessment of how the project will
revitalize existing communities, including--
(i) the approximate number of jobs the
project will create;
(ii) the services the project will deliver
to workers and the community; and
(iii) any antidisplacement efforts that
will be included in the project;
(K) a plan for evaluating progress in increasing
opportunities for and improvements to the quality of
life for disadvantaged populations and the broader
community in which the project is completed; and
(L) information about the status of applicable
Federal environmental reviews and approvals for the
project, including reviews and approvals under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) Multiple projects.--An eligible entity may submit an
application for multiple projects in 1 application.
(3) Definition of workforce housing.--For the purpose of
paragraph (1)(I), the term ``workforce housing'' means housing,
the cost of which does not exceed 30 percent of--
(A) the amount equal to 120 percent of the median
income in the area, as determined by the Secretary,
with appropriate adjustments for the size of the
family; or
(B) if the Secretary determines that there are
unusually high or low incomes in the area, another
amount, as determined by the Secretary.
(d) Selection.--
(1) In general.--The Secretary shall select projects to
receive grants under the program based on--
(A) how the project will contribute to a state of
good repair for infrastructure assets;
(B) how the project would increase economic
competitiveness, including the effects of revitalizing
communities, neighborhoods, and commercial centers
supported by existing infrastructure;
(C) how the project will support environmental
protection, including resiliency, by increasing demand
for nonmotorized transportation and public
transportation;
(D) how or whether the project will prevent
residents in the area from being forcibly or
unwillingly displaced;
(E) the anticipated effects on quality of life for
all residents in the project area;
(F) whether the project uses innovative strategies,
including innovative technologies, innovative project
delivery, or innovative financing;
(G) the extent to which the project--
(i) is supported by a broad range of
stakeholders;
(ii) demonstrates collaboration among
neighboring and regional jurisdictions; and
(iii) is coordinated with projects with
similar objectives, such as projects for
economic development, housing, water and waste
infrastructure, power and electric
infrastructure, broadband, and land use plans
and policies;
(H) how the project will increase non-Federal
revenue for transportation infrastructure investment;
(I) demonstrated project readiness, including use
of technical assistance under section 10443; and
(J) the costs and benefits of the project.
(2) Priority.--The Secretary shall give priority to
projects that have been developed under the technical
assistance program under section 10443.
(e) Distribution of Grants.--
(1) In general.--In providing grants under the program, the
Secretary shall ensure--
(A) an equitable geographic distribution of funds;
and
(B) an appropriate balance in addressing the needs
of urban, suburban, rural, and Tribal communities.
(2) Limitation.--For each fiscal year, the Secretary shall
ensure that the total amount of funds provided through grants
under the program for each State is not more than $150,000,000.
(f) Amount of Grant.--
(1) In general.--Except as provided in paragraph (2) and
subject to subsection (e)(2), a grant provided under the
program shall be in an amount that is not less than $5,000,000.
(2) Rural and tribal areas.--In the case of a project in a
rural area (as defined in section 101(a) of title 23, United
States Code), or in a Tribal area, a grant provided under the
program shall be in an amount that is not less than $1,000,000.
(g) Use of Funds.--
(1) In general.--Subject to paragraph (2), an eligible
entity that receives a grant under the program may use the
grant funds for--
(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, permitting, preliminary
engineering and design work, and other preconstruction
activities; and
(B) construction, reconstruction, rehabilitation,
replacement, acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies,
and acquisition of equipment.
(2) Limitation.--Not more than 20 percent of the amount of
the grant may be used for the activities described in paragraph
(1)(A).
(h) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out with a grant
under the program shall not exceed 80 percent.
(2) Hardship areas.--The Federal share of the cost of a
project carried out with a grant under the program may be up to
100 percent if the Secretary identifies the area in which the
project will be carried out as a hardship area, as determined
by the Secretary.
(i) TIFIA Program.--On the request of an eligible entity, the
Secretary may use 5 percent of the grant for the purpose of paying the
subsidy and administrative costs necessary to provide Federal credit
assistance under chapter 6 of title 23, United States Code, for the
project.
(j) Standards.--Notwithstanding any other provision of law, a
project carried out with a grant under the program shall not be subject
to the traffic volume requirements under section 109(b) of title 23,
United States Code.
(k) Performance Measures.--
(1) In general.--For each year until the project is
completed, each eligible entity that receives a grant under the
program shall agree to establish, in coordination with the
Secretary, performance measures and reporting requirements in
addition to measures and requirements under this section that
shall be met at the end of each year in which the eligible
entity receives funds under the grant program.
(2) Violation of grant agreement.--If the Secretary
determines that an eligible entity has not met the performance
measures established under paragraph (1), is not making
reasonable progress toward meeting those measures, or is
otherwise in violation of the grant agreement, the Secretary
may--
(A) withhold additional financial assistance until
the performance measures are met; or
(B) terminate the grant agreement.
(l) Community Advisory Board.--
(1) In general.--For each project carried out with a grant
under the program, the eligible entity shall form a community
advisory board.
(2) Composition.--A community advisory board shall be
composed of representatives of--
(A) the relevant State and units of local
government;
(B) the relevant State workforce development board
or local workforce development board;
(C) relevant metropolitan planning organizations;
(D) labor organizations;
(E) residents or organizational representation of
the area in which the project is occurring; and
(F) any other relevant representatives important to
the implementation of the project, such as a county
board of developmental disabilities, as determined by
the eligible entity, in coordination with the
Secretary.
(3) Duties.--A community advisory board shall, with respect
to the applicable project--
(A) ensure community engagement, transparency, and
accountability in carrying out each stage of the
project; and
(B) track, evaluate, and report progress on clear
and meaningful indicators related to--
(i) targeted hiring commitments;
(ii) quality wage, benefits, and training
commitments;
(iii) goals for participation by small
businesses and businesses in accordance with
section 10423(a) in the project;
(iv) progress made on the objectives of the
program as described in subsection (a); and
(v) any other relevant areas, as determined
by the eligible entity, in coordination with
the Secretary.
(4) Stipend.--The eligible entity may provide a stipend to
representatives on the community advisory board based on the
expressed need of representatives, on approval by the
Secretary.
(m) Reports.--
(1) In general.--Not less frequently than once each year,
each eligible entity that receives a grant under the program,
in coordination with the applicable community advisory board
under subsection (l), shall submit to the Secretary periodic
reports on the use of the grant funds.
(2) Contents.--A periodic report under paragraph (1) shall
include--
(A) the amount of Federal funds received,
obligated, and expended by the eligible entity under
the program;
(B) the number of projects that have been put out
to bid using the grant funds and the amount of Federal
funds associated with each project;
(C) the number of projects for which contracts have
been awarded for the project carried out under the
program and the amount of Federal funds associated with
the contracts;
(D) the number of projects for which work has begun
under the contracts referred to in subparagraph (C) and
the amount of Federal funds associated with the
contracts;
(E) the number of projects for which work has been
completed under the contracts referred to in
subparagraph (C) and the amount of Federal funds
associated with the contracts;
(F) the number of direct, on-project jobs created
or sustained by the Federal funds provided for projects
under the program and, to the extent possible, the
estimated indirect jobs created or sustained in the
associated supplying industries, including--
(i) the number of job-years created and the
total increase in employment in the project
area since the date of enactment of this Act;
and
(ii) information on local hiring, hiring of
economically disadvantaged individuals, and
hiring of individuals with a barrier to
employment (including ex-offenders) and
disabled individuals (as defined in section
10421), with respect to the project;
(G) an analysis of the contracts awarded that
indicates participation levels of small businesses and
disadvantaged businesses;
(H) suggestions for improvements in transportation
accessibility for disadvantaged populations, based on
criteria developed by the Secretary; and
(I) any other criteria the Secretary determines to
be appropriate.
(3) Report to congress.--Each fiscal year, the Secretary
shall transmit to Congress the reports received by the
Secretary under paragraph (1).
(4) GAO report on infrastructure removals.--Not later than
2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report on infrastructure removal, including--
(A) an identification of examples of projects to
remove infrastructure using assistance from a covered
infrastructure program;
(B) an evaluation of the effect of infrastructure
removal projects on the surrounding area, including
impacts to the local economy, congestion effects,
safety outcomes, and impacts on the movement of freight
and people;
(C) an analysis of the costs and benefits of
removing underutilized infrastructure assets that are
nearing the end of the useful life of the assets
compared to replacing or reconstructing the assets; and
(D) recommendations for integrating the findings
and results under subparagraphs (A) through (C) into
infrastructure planning and decisionmaking processes.
(n) Funding.--There is authorized to be appropriated to carry out
the program $5,000,000,000 for each of fiscal years 2021 through 2025.
PART 2--LAUNCHING MIDDLE CLASS CAREER PATHWAYS IN INFRASTRUCTURE
SEC. 10451. BUILDING AMERICAN INFRASTRUCTURE AND CAREERS PROGRAM.
(a) Definitions.--In this section:
(1) WIOA definitions.--The terms ``career pathway'',
``community-based organization'', ``individual with a barrier
to employment'', ``industry or sector partnership'',
``integrated education and training'', ``postsecondary
educational institution'', ``recognized postsecondary
credential'', and ``workforce development system'' have the
meanings given those terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Other definitions.--
(A) Career and technical education.--The term
``career and technical education'' has the meaning
given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(B) Eligible entity.--The term ``eligible entity''
means--
(i) a local workforce development board;
(ii) a State workforce development board;
(iii) an industry or sector partnership,
which may be led by any member of such
partnership, including--
(I) a community-based organization;
(II) a recognized State labor
organization, central labor council, or
another labor representative, as
appropriate; or
(III) an education or training
provider; or
(iv) any combination of entities described
in any of clauses (i) through (iii).
(C) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an
apprenticeship program registered with the Department
of Labor or a federally recognized State Apprenticeship
Agency and that complies with the requirements under
parts 29 and 30 of title 29, Code of Federal
Regulations, as in effect on January 1, 2019.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(E) Supportive services.--The term ``supportive
services'' means services such as transportation, child
care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to
participate in activities authorized under this
subtitle or under the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.).
(F) Targeted infrastructure industry.--The term
``targeted infrastructure industry'' means an
infrastructure industry, including transportation
(including surface, transit, aviation, or railway
transportation), construction, energy, water,
information technology, or utilities industries, that
the eligible entity identifies in accordance with
subsection (c)(2)(A).
(G) Veteran.--The term ``veteran'' has the meaning
given such term in section 10421.
(H) Work-based learning program.--The term ``work-
based learning program'' means a program that provides
workers with paid work experience and corresponding
classroom instruction, delivered in an employment
relationship that both the business and worker intend
to be permanent.
(b) Establishment of Building American Infrastructure and Careers
Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers of the Army Corps of Engineers, shall
establish a program, to be known as the ``Building American
Infrastructure and Careers Program'', to provide grants under
paragraph (2) to eligible entities for the purposes of--
(A) promoting careers and quality employment
practices in targeted infrastructure industries among
individuals with a barrier to employment (including ex-
offenders), veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industries;
(B) leveraging the existing capacity of workforce
development systems through demonstrated partnerships
to strategically facilitate and align quality training,
including industry or sector partnerships, registered
apprenticeship programs, and pre-apprenticeship
programs affiliated with registered apprenticeship
programs, and hiring that create a pipeline of
qualified workers; and
(C) advancing efficiency and performance on
projects in targeted infrastructure industries.
(2) Grants.--
(A) In general.--The Secretary, in consultation
with the Secretary of Transportation, the Secretary of
Energy, the Secretary of Commerce, the Secretary of
Education, the Administrator of the Environmental
Protection Agency, and the Chief of Engineers of the
Army Corps of Engineers, shall award grants on a
competitive basis to eligible entities that submit an
application meeting the requirements under subsection
(c) for such eligible entities to, subject to
subparagraph (E), carry out a job training program
including the activities described in subsection (d)
for assisting individuals with a barrier to employment
(including ex-offenders), veterans, or individuals who
are traditionally underrepresented in the targeted
infrastructure industry, in obtaining and maintaining
employment in a targeted infrastructure industry.
(B) Types of grants.--A grant awarded under this
section may be in the form of--
(i) an implementation grant, for entities
seeking an initial grant under this section, in
order for such entity to establish and carry
out a job training program described in
subparagraph (A); or
(ii) a renewal grant for entities that have
already received an implementation grant under
this section for such a job training program,
in order for such entity to continue carrying
out such job training program.
(C) Duration.--Each grant awarded under this
section shall be for a period not to exceed 3 years.
(D) Amount.--The amount of a grant awarded under
this section may not exceed--
(i) for an implementation grant,
$2,500,000; and
(ii) for a renewal grant, $1,500,000.
(E) Construction industry.--Notwithstanding any
other provision in this section, if the targeted
infrastructure industry for a grant awarded under this
section is the construction industry, the grant shall
only be available for the establishment or operation of
a pre-apprenticeship program affiliated with a
registered apprenticeship program.
(3) Award basis.--
(A) Geographic diversity.--The Secretary shall
award grants under this section in a manner that
ensures geographic diversity in the areas in which
activities will be carried out under the grants,
including a balance between rural and tribal areas and
urban areas.
(B) Priority for targeted hiring or u.s. employment
plan projects.--In awarding grants under this section,
the Secretary shall give priority to eligible entities
that--
(i) ensure that not less than 50 percent of
the workers hired to participate in the job
training program are hired through local hiring
in accordance with section 10411, including by
prioritizing individuals with a barrier to
employment (including ex-offenders), disabled
individuals as defined in section 10421,
veterans, and individuals that represent
populations that are traditionally
underrepresented in the infrastructure
workforce; or
(ii) ensure the commitments described in
clauses (i) and (ii) of section 10431(a)(2)(A)
with respect to carrying out the job training
program.
(C) Priority for renewal grants.--In awarding
renewal grants under this section, the Secretary shall
give priority to eligible entities that demonstrate
long-term sustainability of an industry or sector
partnership.
(c) Application Process.--
(1) In general.--An eligible entity seeking 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 reasonably require, including the contents
described in paragraph (2).
(2) Contents.--An application submitted under paragraph (1)
shall contain, at a minimum--
(A) an identification of the targeted
infrastructure industry to be served by the job
training program supported by a grant under this
section;
(B) a description of the individuals with a barrier
to employment, veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industry, that will be served by such
program, including--
(i) an analysis of the labor market in the
targeted infrastructure industry;
(ii) a description of the barriers to
employment that may affect such individuals;
and
(iii) a description of strategies that the
program will employ to help such individuals
overcome such barriers;
(C) a description of the credentials that the
program will assist such individuals in obtaining,
which credentials--
(i) shall be nationally portable;
(ii) shall be recognized postsecondary
credentials or, if not available for the
industry, other credentials determined by the
Secretary to be appropriate; and
(iii) shall be related to the targeted
infrastructure industry; and
(D) a description of the services described in
subsection (d)(3) that the program will offer to such
individuals.
(d) Activities.--
(1) In general.--Each job training program supported under
this section--
(A) shall include--
(i) activities designed to achieve the
strategic objectives described in paragraph
(2); and
(ii) the services described in paragraph
(3) for individuals with a barrier to
employment (including ex-offenders), veterans,
or individuals who are traditionally
underrepresented in the targeted infrastructure
industry; and
(B) may include a partnership between the eligible
entity and an employer to assist such employer in
carrying out a work-based learning program, including a
registered apprenticeship program or a pre-
apprenticeship program affiliated with a registered
apprenticeship program.
(2) Strategic objectives.--The strategic objectives
described in this paragraph are the following:
(A)(i) Recruiting key stakeholders in the targeted
infrastructure industry, which stakeholders may include
employers, labor organizations, local workforce
development boards, and education and training
providers, including providers of career and technical
education.
(ii) Regularly convening such stakeholders in a
collaborative manner that supports the sharing of
information, ideas, and challenges, which are common to
the targeted infrastructure industry.
(B) Identifying the training needs of employers in
the targeted infrastructure industry, including--
(i) needs for skills critical to
competitiveness and innovation in such
industry;
(ii) needs of registered apprenticeship
programs, pre-apprenticeship programs
affiliated with registered apprenticeship
programs, or other work-based learning programs
that may be supported by a grant under this
section; and
(iii) needs for the alignment of a job
training program supported under this section
with career pathways.
(C) Facilitating actions, through industry or
sector partnerships, registered apprenticeship
programs, or pre-apprenticeship programs affiliated
with registered apprenticeship programs, that lead to
economies of scale by aggregating training and
education needs of multiple employers in the targeted
infrastructure industry.
(D) Assisting postsecondary educational
institutions, training institutions, sponsors of
registered apprenticeship programs, and all other
providers of career and technical education and
training programs that may be receiving assistance
under this section, align curricula, entrance
requirements, and programs to the targeted
infrastructure industry needs and the credentials
described in subsection (c)(2)(C), particularly for
high-skill, high-priority occupations related to the
targeted infrastructure industry.
(E) Providing information on the activities carried
out through the job training program supported under
this section to the State agency carrying out the State
program under the Wagner-Peyser Act (29 U.S.C. 49 et
seq.), including staff of the agency that provide
services under such Act, to enable the agency to inform
recipients of unemployment compensation of the
employment and training opportunities that may be
offered through such job training program supported
under this section.
(F) Assisting employers in the targeted
infrastructure industry to attract potential workers
from a diverse jobseeker base, including individuals
with a barrier to employment (including ex-offenders),
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, by identifying any such barriers, reasons for
such underrepresentation, or related issues for
veterans through analysis of the labor market in the
targeted infrastructure industry and implementing
strategies to help such individuals overcome such
barriers, reduce such underrepresentation, and address
such issues.
(3) Services.--
(A) In general.--Each job training program
supported by a grant under this section shall provide
services to individuals with a barrier to employment,
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, which may include--
(i) pre-employment services as described in
subparagraph (B); and
(ii) employment services as described in
subparagraph (C).
(B) Pre-employment services.--The pre-employment
services described in this subparagraph may include--
(i) skills training, including career and
technical education, and integrated education
and training, with respect to the targeted
infrastructure industry;
(ii) initial assessments of such
individuals;
(iii) services to provide work attire and
necessary tools for a work site in the targeted
infrastructure industry;
(iv) supportive services, such as child
care and transportation;
(v) mentoring services; and
(vi) job placement assistance.
(C) Employment services.--The employment services
described in this subparagraph are services provided to
individuals with a barrier to employment (including ex-
offenders), veterans, or individuals who are
traditionally underrepresented in the targeted
infrastructure industry, and that are employed in a
work-based learning program in the targeted
infrastructure industry. A job training program
supported by a grant under this section shall provide
such services to such individuals during their first 6
months of employment through such program, to assure
the individuals succeed in the program. Such services
may include--
(i) ongoing case management and services,
including the services described in
subparagraph (B);
(ii) continued skills training, including
career and technical education, integrated
education and training, and soft-skills
training such as problem solving and leadership
training, conducted in collaboration with the
employers of such individuals;
(iii) additional mentorship and retention
supports for such individuals; and
(iv) targeted training for the employer
participating in the work-based learning
program, including for frontline managers,
journey level workers (such as mentors) working
with individuals with a barrier to employment,
veterans, or individuals who are traditionally
underrepresented in the targeted infrastructure
industry, and human resource representatives of
the employer.
(e) Evaluations.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, the Secretary of Energy, the
Secretary of Commerce, the Secretary of Education, the
Administrator of the Environmental Protection Agency, and the
Chief of Engineers of the Army Corps of Engineers, shall
prepare and submit a report to Congress that evaluates the
effectiveness of the grants awarded under this section in
advancing the strategic objectives described in subsection
(d)(2), and the purposes described in subsection (b)(1).
(2) Data.--The report required under paragraph (1) shall
provide and analyze each of the following:
(A) The number of participants in job training
programs supported under this section, disaggregated by
age, race or ethnicity, gender, status as an individual
with a barrier to employment, and income.
(B) The percentage of such participants who are in
unsubsidized employment prior to enrolling in such
program.
(C) The median earnings of such participants prior
to enrolling in such program.
(D) The percentage of such participants who are in
unsubsidized employment during the second quarter after
exit from such program and salary statistics of such
participants, including mean and median earnings.
(E) The percentage of such participants who are in
unsubsidized employment during the fourth quarter after
exit from such program and the salary statistics of
such participants, including mean and median earnings.
(F) The percentage of such participants who obtain
a recognized postsecondary credential, or a secondary
school diploma or its recognized equivalent, during
participation in or within 1 year after exit from such
program.
(G) The percentage of such participants who, during
a program year, are in an education or training program
that leads to a recognized postsecondary credential or
employment and who are achieving measurable skill gains
toward such a credential or employment.
SEC. 10452. INFRASTRUCTURE WORKFORCE EQUITY CAPACITY BUILDING PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' 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 that
it has the capacity to provide technical assistance to
entities carrying out job training programs under
section 10451; and
(D) submits an application in accordance with
subsection (c).
(2) 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).
(b) Capacity Building Program.--The Secretary shall reserve 10
percent of the amounts appropriated under section 10453 to award
grants, contracts, or other agreements or arrangements as the Secretary
determines appropriate, to eligible entities for the purpose of
building the capacity of entities receiving a grant under section 10451
to implement the activities described in subsection (d) of such section
to more effectively serve individuals with a barrier to employment,
including ex-offenders, veterans as defined in section 10421, or
individuals who are traditionally underrepresented in the targeted
infrastructure industry served through the job training program
supported under such section.
(c) Application.--An entity seeking an award under this section
shall submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may reasonably
require.
(d) Use of Funds.--An award made under this section may be used to
provide technical assistance to entities receiving a grant under
section 10451 in order for such entities to carry out the activities
described in subsection (d) of that section. Such technical assistance
may include assistance with--
(1) the development and training of staff;
(2) the provision of outreach, intake, assessments, and
service delivery;
(3) the coordination of services across providers and
programs; and
(4) the development of performance accountability measures.
(e) Amount.--The amount of a grant awarded under this section may
not exceed $5,000,000.
(f) Report.--An eligible entity 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 on the outcomes of grants under section 10451; and
(2) such other criteria as determined by the Secretary.
SEC. 10453. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$1,000,000,000 for each of fiscal years 2021 through 2025.
PART 3--INVESTING IN HIGH-QUALITY AMERICAN JOBS
SEC. 10461. 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 a
covered infrastructure program, including projects described in
paragraph (3) assisted in whole or in part under such programs,
without regard to the form or type of Federal assistance
provided under such program, 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 of Labor 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.
(3) Revolving loan funds.--A project described in this
paragraph is a project, in the case of a covered infrastructure
program that capitalizes revolving loan funds, that is assisted
in whole or in part with amounts deposited in the revolving
loan fund, including loan repayments and interest earned.
(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
operations workers or maintenance workers, employed by
contractors or subcontractors on projects assisted in whole or
in part under a covered infrastructure program, without regard
to the form or type of Federal assistance provided under such
program, shall be paid a wage and fringe benefits that are not
less than the minimum wage and fringe benefits determined in
accordance with paragraphs (1) and (2), respectively, of
section 6703 of title 41, United States Code, for service
employees engaged in the performance of a contract or
subcontract to which chapter 67 of title 41, United States
Code, applies.
(2) Definition of service employee.--In this subsection,
the term ``service employee'' has the meaning given such term
in section 6701 of title 41, United States Code.
SEC. 10462. RAISE LABOR STANDARDS, IMPROVE WORKING CONDITIONS, AND
STRENGTHEN WORKERS' BARGAINING POWER.
(a) Definitions.--In this section--
(1) the term ``covered award'' means an award of not less
than $500,000 made to an entity under a covered infrastructure
program by the head of the relevant Federal agency; and
(2) the term ``covered subaward'' means a subaward of not
less than $500,000 made to an entity under a covered
infrastructure program by another entity receiving a covered
award.
(b) Required Pre-Grant, Loan, or Contract Award Actions.--
(1) Disclosures.--The head of a relevant Federal agency
shall require an entity applying for a covered award--
(A) to represent, to the best of the entity's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
entity in the preceding 3 years 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 (42 U.S.C.
2000e note; relating to equal employment
opportunity), including any amendment to such
Executive order;
(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);
(xv) subsection (h) of this section; or
(xvi) equivalent State laws, as defined in
guidance issued by the Secretary of Labor; and
(2) to require any applicant for a covered subaward from
the entity--
(A) to represent to the best of the applicant's
knowledge and belief, whether there has been any
administrative merits determination, arbitral award or
decision, or civil judgment, as defined in guidance
issued by the Secretary of Labor, rendered against the
applicant in the preceding 3 years for violations of
any of the labor laws listed in paragraph (1); and
(B) to update such information not less than every
6 months for the duration of the covered subaward.
(c) Pre-Award Corrective Measures.--The head of a relevant Federal
agency shall, prior to awarding a covered award, provide an entity that
makes a disclosure under subsection (b)(1) an opportunity to report any
steps taken to correct a violation of or improve compliance with the
labor laws listed in subsection (b)(1), including any agreements
entered into by the entity with an enforcement agency.
(d) Disclosure of Violations.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall establish a
website that--
(A) is available to the public at no cost;
(B) indicates each violation disclosed under
subsection (b) or (e)(1) with respect to an entity
applying for, or receiving, a covered award or covered
subaward until such violation is corrected and the
entity is in compliance with all labor laws listed in
subsection (b)(1); and
(C) is designed to enable interested parties to
easily identify entities applying for, or receiving,
covered awards or covered subawards that are in
violation of any labor laws listed in subsection (b)(1)
and steps taken by such entities to correct the
violations or improve compliance with such laws.
(2) Fulfilling reporting requirements.--The Secretary of
Labor, in consultation with the Director of the Office of
Management and Budget and the heads of the relevant Federal
agencies, shall include on the website established under
paragraph (1) the ability for all entities that apply for or
receive covered awards or covered subawards to fulfill
reporting requirements under this section.
(3) Agency cooperation.--The heads of the relevant Federal
agencies shall provide the Secretary of Labor with the data
necessary to maintain the website established under paragraph
(1).
(e) Post-Award Grant, Loan, or Contract Actions.--
(1) Information updates.--The head of a relevant Federal
agency shall require each entity receiving a covered award or
covered subaward to, not later than once every 6 months, update
the information provided under paragraph (1) or (2), as
applicable, of subsection (b).
(2) Corrective actions.--
(A) Entity awarded assistance.--The head of a
relevant Federal agency, in consultation with the Labor
Compliance Advisor designated by such head under
subsection (f) and in coordination with the heads of
the other relevant Federal agencies as applicable,
shall determine whether any information provided under
paragraph (1) by an entity receiving a covered award
warrants corrective action. Such action--
(i) may include--
(I) an agreement requiring
appropriate remedial measures;
(II) compliance assistance;
(III) resolving issues to avoid
further violations;
(IV) the decision not to exercise
an option on assistance awarded or to
terminate the assistance awarded; or
(V) in coordination with the heads
of the other relevant Federal agencies,
the decision to debar or suspend the
entity from future participation in any
of the covered infrastructure programs;
and
(ii) shall include disclosure on the
website established under subsection (d).
(B) Subawards.--An entity that receives a covered
award, in consultation with head of the relevant
Federal agency and the Labor Compliance Advisor
designated by such head under subsection (f), shall
determine whether any information provided under
subsection (b)(2) by a recipient of a covered subaward
warrants corrective action, including remedial
measures, compliance assistance, and resolving issues
to avoid further violations.
(3) Department of labor investigations.--The Secretary of
Labor shall, as appropriate, inform the heads of the relevant
Federal agencies of investigations by the Secretary of entities
receiving covered awards or covered subawards for purposes of
determining the appropriateness of actions described in
subparagraphs (A) and (B) of paragraph (2).
(f) Labor Compliance Advisors.--
(1) In general.--Each head of a relevant Federal agency
shall designate a senior official to serve as the Labor
Compliance Advisor for the agency.
(2) Duties.--The Labor Compliance Advisor shall--
(A) meet quarterly with the Deputy Secretary,
Deputy Administrator, or equivalent official of the
agency with regard to matters covered under this
section;
(B) work with officials of the agency to promote
greater awareness and understanding of--
(i) the labor laws listed in subsection
(b)(1), including recordkeeping, reporting, and
notice requirements under such laws; and
(ii) best practices for compliance with
such laws;
(C) advise the head of the relevant Federal agency
whether agreements are in place or are otherwise needed
to address appropriate remedial measures, compliance
assistance, steps to resolve issues to avoid violations
of the labor laws listed in subsection (b)(1), or other
related matters concerning entities applying for or
receiving covered awards or covered subawards;
(D) coordinate assistance for entities that apply
for or receive covered awards or covered subawards that
are seeking help in addressing and preventing
violations of such labor laws;
(E) in consultation with the Secretary of Labor or
other relevant enforcement agencies, provide assistance
to the head of the relevant Federal agency regarding
appropriate actions to be taken in response to
violations, by entities applying for or receiving
covered awards or covered subawards, of the labor laws
listed in subsection (b)(1) identified prior to or
after receipt of such awards, and to address complaints
in a timely manner, by--
(i) providing assistance to officials of
the agency in reviewing the information
provided under subsections (b) and (e)(1), or
other information indicating a violation of
such a labor law, in order to assess the
serious, repeated, willful, or pervasive nature
of such violation and evaluate steps entities
applying for or receiving covered awards or
covered subawards have taken to correct
violations of or improve compliance with such
laws;
(ii) helping officials of the agency
determine the appropriate response to address
violations of the labor laws listed in
subsection (b)(1), or other information
indicating such violations, particularly
serious, repeated, willful, or pervasive
violations, including agreements requiring
appropriate remedial measures, decisions not to
award assistance or exercise an option on an
award of assistance, termination of an award of
assistance, or referral of details to be posted
on the website established under subsection
(d);
(iii) providing assistance to officials of
the agency in receiving and responding to, or
making referrals of, complaints alleging
violations of the labor laws listed in
subsection (b)(1) by entities applying for or
receiving covered awards or covered subawards;
(iv) supporting officials of the agency in
the coordination of actions taken pursuant to
this section to ensure agency-wide consistency,
to the extent practicable; and
(v) as appropriate, sending information to
agency suspension and debarment officials in
accordance with agency procedures;
(F) consult with the head of the relevant Federal
agency, and the Secretary of Labor as necessary, in the
development of regulations, policies, and guidance
addressing compliance with the labor laws listed in
subsection (b)(1) by entities applying for or receiving
covered awards or covered subawards;
(G) make recommendations to the head of the
relevant Federal agency to strengthen agency management
of compliance with such labor laws by entities applying
for or receiving covered awards or covered subawards;
(H) publicly report, on an annual basis, a summary
of actions taken by the head of the relevant Federal
agency to promote greater compliance with the labor
laws listed in subsection (b)(1), including the head's
response to serious, repeated, willful, or pervasive
violations of such labor laws; and
(I) participate in the interagency meetings
regularly convened by the Secretary of Labor under
subsection (g)(2).
(g) Measures To Ensure Government-Wide Consistency.--Not later than
1 year after the date of enactment of this Act, the Secretary of Labor
shall--
(1) develop a process--
(A) for the Labor Compliance Advisors designated
under subsection (f) to consult with the Secretary of
Labor in carrying out the responsibilities of such
Advisors under subsection (f)(2)(E); and
(B) by which the head of the relevant Federal
agencies and Labor Compliance Advisors may give
appropriate consideration to determinations and
agreements made by the Secretary of Labor and such
heads;
(2) regularly convene interagency meetings of Labor
Compliance Advisors to share and promote best practices for
improving compliance with the labor laws listed in subsection
(b)(1); and
(3) designate an appropriate contact within the Department
of Labor with whom the heads of the relevant Federal agencies
may consult with respect to requirements and activities under
this section.
(h) Workforce Diversity Programs.--
(1) In general.--The head of a relevant Federal agency, in
coordination with the Secretary of Labor, shall require each
entity that has not less than 50 employees and receives a
covered award or covered subaward to develop and maintain a
workforce diversity program in accordance with this subsection
to ensure equal employment opportunity through the recruitment,
selection, and advancement of individuals who are qualified for
the applicable position and who are individuals with a barrier
to employment (including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or veterans.
(2) Structure of workforce diversity programs.--A workforce
diversity program required under paragraph (1) of an entity
described in such paragraph shall include programs, policies,
practices, and procedures that fulfill the purposes of this
subsection. Such programs, policies, practices, and procedures
shall--
(A) contain a diagnostic component that includes
more than 1 quantitative analysis designed to evaluate
the composition of the workforce of the entity and
compare such composition to the composition of other
relevant workforces;
(B) include action-oriented programs, such as
programs for training and outreach;
(C) include internal auditing and reporting systems
as a means of--
(i) measuring the entity's progress toward
achieving a diverse workforce; and
(ii) monitoring and examining employment
decisions and compensation systems to evaluate
the impact of those systems on diverse
applicants and employees;
(D) be incorporated into the entity's personnel
policies, practices, and procedures;
(E) be updated annually for the duration of the
project assisted by the covered award or covered
subaward; and
(F) be readily available for reporting to the
Secretary for the purposes of compliance review.
(3) Designation of responsibility.--An entity described in
paragraph (1) shall provide for the implementation of the
workforce diversity program required under such paragraph by--
(A) assigning responsibility and accountability to
an official of the entity; and
(B) providing the assigned official with the
authority, resources, and support of and access to top
management of the entity to ensure the effective
implementation of such program.
(4) Identification of problem areas.--
(A) In general.--An entity described in paragraph
(1) shall perform an in-depth analysis of the
employment process of the entity to determine--
(i) whether impediments to equal employment
opportunity exist in such process; and
(ii) if such impediments exist, the aspects
of such process in which such impediments
exist.
(B) Evaluations.--An analysis under subparagraph
(A) shall include an analysis of--
(i) whether, across different positions of
the entity, there are problems of utilization
or distribution of individuals who are
qualified for such positions and are
individuals with a barrier to employment
(including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or
veterans;
(ii) personnel activity to determine
whether there are selection disparities, which
such analysis may include an analysis of the
number of applications and interviews, hires,
terminations, promotions, and other personnel
actions of the entity;
(iii) compensation systems to determine
whether there are disparities in compensation;
(iv) selection, recruitment, referral, and
other personnel procedures to determine whether
such procedures result in disparities in the
employment or advancement of individuals who
are qualified for the applicable position and
are individuals with a barrier to employment
(including ex-offenders), racial or ethnic
minorities, women, disabled individuals, or
veterans; and
(v) any other issue that may impact the
success of the workforce diversity program
required of the entity under paragraph (1).
(5) Action-oriented programs.--An entity described in
paragraph (1) shall develop and execute action-oriented
programs designed to--
(A) correct any problem areas identified under this
subsection; and
(B) attain established goals and objectives that--
(i) require the entity to follow different
procedures than those procedures that may have
previously produced inadequate results; and
(ii) demonstrate the entity has made good
faith efforts to remove identified barriers to
workforce diversity, expand employment
opportunities, and produce measurable results
to achieve improved workforce diversity.
(6) Internal audit and reporting system.--An entity
described in paragraph (1) shall develop and implement an
auditing system that periodically measures the effectiveness of
the workforce diversity program developed and maintained by the
entity under such paragraph. Such system shall include
requirements for the entity to--
(A) monitor records of all personnel activity,
including referrals, placements, transfers, promotions,
terminations, and compensation, at all levels of
employment with the entity to ensure the workforce
diversity program is carried out in accordance with the
purposes of this subsection;
(B) require internal reporting on a scheduled basis
as to the degree to which equal employment opportunity
and organizational objectives are attained;
(C) review the results of reports required under
this subsection with all levels of management of the
entity; and
(D) advise top management of the entity of the
effectiveness of the program and submit recommendations
to improve unsatisfactory performance with respect to
the program.
(7) Compliance status.--
(A) In general.--In determining whether an entity
described in paragraph (1) has complied with the
requirements for the workforce diversity program under
this subsection, the head of the relevant Federal
agency, in coordination with the Secretary of Labor,
shall--
(i) review the nature and extent of the
entity's good faith in carrying out activities
under paragraphs (4), (5), and (6), and the
appropriateness of those activities to identify
equal employment opportunity problems; and
(ii) analyze statistical data and other
non-statistical information to indicate whether
employees and applicants of the entity are
being treated without regard to their race,
color, religion, sex, sexual orientation,
gender identity, national origin, or disability
status.
(B) Technical assistance.--The head of the relevant
Federal agency, in coordination with the Secretary of
Labor, may provide technical assistance to an entity
described in paragraph (1) to assist such entity in
achieving compliance with the requirements under this
subsection, which may include an agreement between the
head of the relevant Federal agency and the entity
requiring appropriate remedial measures.
(C) Corrective action.--If an entity described in
paragraph (1) remains in noncompliance with the
requirements under this subsection following technical
assistance under subparagraph (B), the head of the
relevant Federal agency, in coordination with the
Secretary of Labor and the heads of the other relevant
Federal agencies as applicable, may take corrective
action against the entity. Such action may include--
(i) the decision not to exercise an option
on assistance awarded or to terminate the
assistance awarded; or
(ii) in coordination with the heads of the
other relevant Federal agencies, the decision
to debar or suspend the entity from future
participation in any of the covered
infrastructure programs.
(i) Paycheck Transparency.--
(1) In general.--Except as provided in paragraph (3), each
head of a relevant Federal agency shall require entities
receiving a covered award or a covered subaward to provide each
individual described in paragraph (2) with a document for each
pay period containing information concerning, with respect to
such individual for such pay period--
(A) hours worked, including overtime hours worked;
(B) pay, including any additions made to or
deductions made from pay; and
(C) job classification.
(2) Individuals described.--An individual described in this
paragraph is any individual performing work on a project for an
entity, receiving a covered award or covered subaward, that is
required to maintain wage records with respect to such
individual under--
(A) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.);
(B) subchapter IV of chapter 31 of title 40, United
States Code (commonly referred to as the ``Davis-Bacon
Act'');
(C) chapter 67 of title 41, United States Code
(commonly known as the ``Service Contract Act''); or
(D) any applicable State law.
(3) Exceptions.--
(A) Employees exempt from overtime requirements.--A
document provided under paragraph (1) to an individual
who is exempt under section 13 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213) from the overtime
compensation requirements under section 7 of such Act
(29 U.S.C. 207) shall not be required to include a
record of the hours worked by the individual if the
entity receiving the covered award or covered subaward
informs the individual of the status of such individual
as exempt from such overtime compensation requirements.
(B) Substantially similar state laws.--The
requirements under this subsection shall be deemed to
be satisfied if the entity receiving the covered award
or covered subaward complies with State or local
requirements that the Secretary of Labor has determined
are substantially similar to the requirements under
this subsection.
(4) Independent contractors.--If an entity receiving a
covered award or covered subaward treats an individual
performing work on a project assisted by such award or subaward
as an independent contractor, and not as an employee, of the
entity, the entity shall provide the individual a document
informing the individual of the status of the individual as an
independent contractor.
(j) Notice of Hire.--
(1) In general.--Each head of a relevant Federal agency
shall require entities receiving a covered award or a covered
subaward to provide each individual described in subsection
(i)(2), at the time of hiring, a written notice containing each
of the following:
(A) The name of the entity, including any name used
by the entity in conducting business.
(B) The physical address of the entity's main
office or principal place of business, and a mailing
address, if different from such physical address.
(C) The telephone number of the entity.
(D) The date on which the individual will regularly
receive a paycheck from the entity.
(E) The individual's rate of pay, and the basis of
that rate, including (as applicable)--
(i) by the hour, shift, day, week, salary,
piece, or commission;
(ii) any allowances claimed as part of the
minimum wage, including tips and meal or
lodging allowances; and
(iii) overtime rate of pay, including any
exemptions from overtime pay.
(F) The individual's job classification, and the
prevailing wage for the corresponding class of laborers
and mechanics employed on projects of a similar
character in the locality in which the work is to be
performed.
(2) Enforcement.--
(A) Fine.--
(i) In general.--The head of a relevant
Federal agency may assess a civil fine, subject
to clause (ii), of $500 against an entity that
knowingly violates paragraph (1) for each
individual to whom the entity failed to notify
in violation of such paragraph.
(ii) Inflation.--The head of a relevant
Federal agency shall, for each year beginning 1
year after the date of enactment of this Act,
adjust the amount under clause (i) for
inflation.
(B) Rebuttable presumption.--The failure to provide
a notice in compliance with paragraph (1) shall be a
rebuttable presumption that an entity required to
provide such notice knowingly violated such paragraph.
(k) Neutrality.--
(1) Allowable costs.--Except as provided in paragraph (2),
an entity receiving a covered award or covered subaward may use
the assistance of such award or subaward for costs incurred in
maintaining satisfactory relations between the entity and
employees of the entity on a project assisted by the award or
subaward, including costs of shop stewards, labor management
committees, employee publications, and other related
activities.
(2) Limitation on federal assistance.--
(A) In general.--No Federal assistance made
available under a covered award or covered subaward may
be used for costs incurred in--
(i) activities undertaken to persuade
employees of any entity to exercise or not to
exercise, or concerning the manner of such
employees in exercising or not exercising, the
right to organize and bargain collectively
through representatives of the employees' own
choosing; or
(ii) any other activities that are subject
to the requirements under section 203(b) of the
Labor-Management Reporting and Disclosure Act
of 1959 (29 U.S.C. 433(b)).
(B) Examples.--Examples of costs prohibited under
subparagraph (A) include the costs of--
(i) preparing and distributing materials
for a purpose described in subparagraph (A);
(ii) hiring or consulting legal counsel or
consultants for such purpose;
(iii) meetings held for such purpose
(including paying the salaries of the attendees
at such meetings); and
(iv) planning or conducting activities for
such purpose during work hours by managers,
supervisors, or labor organization
representatives.
(l) Complaint and Dispute Transparency.--
(1) In general.--
(A) Awards.--Each head of a relevant Federal agency
shall require entities receiving a covered award to
agree that any decision to arbitrate the claim of an
employee or independent contractor performing work for
a project assisted by the award that arises under title
VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or any tort related to or arising out of sexual
assault or sexual harassment may only be made with the
voluntary consent of the employee or independent
contractor after the dispute arises.
(B) Subawards.--Each head of a relevant Federal
agency shall require that an entity covered under
subparagraph (A) incorporate the requirement under such
subparagraph into each subaward made for a project
assisted by the award at any tier under the award.
(2) Exception for employees and independents contractors.--
(A) In general.--The requirements under paragraph
(1) shall not apply with respect to an employee or
independent contractor who--
(i) is covered by a collective bargaining
agreement negotiated between the entity
receiving an award or subaward and a labor
organization representing the employee or
independent contractor; or
(ii) except as provided in subparagraph
(B), entered into a valid agreement to
arbitrate claims described in such paragraph
before the entity received the award or
subaward described in such paragraph.
(B) Applicability.--The requirements under
paragraph (1) shall apply with respect to an employee
or independent contractor of an entity receiving a
covered award or covered subaward--
(i) if the entity receiving the award or
subaward is permitted to change the terms of
the agreement described in subparagraph (A)(ii)
with the employee or independent contractor; or
(ii) in the event such agreement is
renegotiated or replaced after the entity
receives the award or subaward.
(m) Definitions.--In this section:
(1) Disabled individual.--The term ``disabled individual''
has the meaning given such term in section 10421.
(2) 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).
(3) Veteran.--The term ``veteran'' has the meaning given
such term in section 10421.
SEC. 10463. BUY AMERICA BUREAU.
(a) Definitions.--In this section:
(1) Buy america law.--The term ``Buy America law'' means--
(A) section 313 of title 23, United States Code;
(B) section 5323(j) of title 49, United States
Code;
(C) section 22905(a) of title 49, United States
Code;
(D) section 50101(a) of title 49, United States
Code;
(E) section 608 of the Federal Water Pollution
Control Act (33 U.S.C. 1388); and
(F) section 1452(a)(4) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(4)).
(2) Director.--The term ``Director'' means the Director of
the Buy America Bureau established by subsection (b).
(b) Establishment.--There is established in the Department of
Commerce an office, to be known as the ``Buy America Bureau''.
(c) Leadership.--The Buy America Bureau shall be headed by a
Director, who shall--
(1) be appointed by the Secretary of Commerce; and
(2) report to the Secretary of Commerce.
(d) Duties.--The Director shall--
(1) establish a program to certify and conduct oversight of
third-party auditors that work with entities that receive
assistance under a covered infrastructure program to ensure
compliance with Buy America laws;
(2) establish guidelines for ensuring transparency in the
Buy America auditing process under paragraph (1), including--
(A) the use of and fulfillment of requests pursuant
to section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''); and
(B) the disclosure of information relating to a Buy
America audit by third-party auditors under paragraph
(1);
(3) establish guidelines to support the establishment,
strengthening, and oversight of compliance with Buy America
laws, taking into consideration and seeking to maximize the
direct and indirect domestic jobs benefitted or created;
(4) establish a clearinghouse website to make publicly
available information on--
(A) Buy America audits conducted by third-party
auditors under paragraph (1);
(B) third-party auditors that have received a
certification from the Director under paragraph (1);
and
(C) requested waivers of Buy America laws under
covered infrastructure programs; and
(5) submit to Congress an annual report on--
(A) waivers from a Buy America law that have been
requested;
(B) waivers from a Buy America law that have been
granted; and
(C) any supply chain gaps in the United States that
may need to be addressed to improve compliance with Buy
America laws without a waiver.
Subtitle E--Transportation Infrastructure for Job Creation
SEC. 10501. SHORT TITLE.
This subtitle may be cited as the ``Transportation Infrastructure
for Job Creation Act''.
SEC. 10502. FINDINGS.
Congress finds the following:
(1) Investments in infrastructure create jobs while
fulfilling critical needs in communities throughout the United
States.
(2) According to the Brookings Institution, nearly 14.5
million workers--11 percent of the U.S. workforce--were
employed in infrastructure jobs in 2013.
(3) According to data from the Brookings Institution,
infrastructure occupations often provide more competitive and
equitable wages in comparison to all jobs nationally,
consistently paying up to 30 percent more to low-income
workers.
(4) The American Society of Civil Engineers gave the
infrastructure of the United States an overall grade of ``D+''
in 2017 and estimated that the United States will need to
invest $4.59 trillion by 2025 in order to improve the condition
of the Nation's infrastructure and bring it to a state of good
repair.
(5) The American Society of Civil Engineers assigned a
``D'' grade to the Nation's roads, a ``C+'' grade to the
Nation's bridges, and a ``D-'' grade to the Nation's transit
systems and estimated that the United States will need to
invest $2.04 trillion by 2025 to bring the Nation's surface
transportation infrastructure to a state of good repair.
(6) BUILD is a nationwide competitive grant program that
creates jobs by funding investments in transportation
infrastructure by States, local governments, and transit
agencies.
(7) BUILD is formally known as the Better Utilizing
Investments to Leverage Development (BUILD) Transportation
Grants program and was previously known as the Transportation
Investment Generating Economic Recovery (TIGER) grant program.
(8) BUILD funds projects that will have a significant
impact on the Nation, a metropolitan area, or a region.
(9) In distributing grants under BUILD, the Secretary of
Transportation is required to ensure an equitable geographic
distribution of funds, a balance in addressing the needs of
urban and rural areas, and investments in a variety of modes of
transportation.
(10) TIGER or BUILD received an appropriation of
$600,000,000 in fiscal year 2014, an appropriation of
$500,000,000 in fiscal year 2015, an appropriation of
$500,000,000 in fiscal year 2016, an appropriation of
$500,000,000 in fiscal year 2017, and an appropriation of
$1,500,000,000 in fiscal year 2018.
(11) Past appropriations for TIGER and BUILD are not
sufficient to address the need for investments in
transportation infrastructure in communities throughout the
United States as the amounts only fund a small fraction of the
transportation infrastructure projects for which grant
applications have been received.
(12) Appropriating $7.5 billion in fiscal year 2019 for
BUILD and allowing the funds to remain available for 6 years
will enable the Secretary of Transportation to begin
immediately to expand investments in transportation
infrastucture throughout the United States.
(13) Restricting appropriations for BUILD through the use
of arbitrary budget caps or sequestration undermines economic
recovery and job creation efforts; disrupts planning by States,
local governments, and transit agencies; and leaves critical
infrastructure needs unmet.
(14) Emergency supplemental appropriations for BUILD,
provided in addition to other appropriations and not subject to
sequestration, will improve transportation infrastructure and
create jobs throughout the United States without reducing
funding for other domestic priorities.
(15) An emergency supplemental appropriation of $7.5
billion for BUILD to be made available in fiscal year 2019 and
to remain available for 6 years will allow the Secretary of
Transportation to begin immediately to organize new
competitions for BUILD grants and allow States, local
governments, and transit agencies to prepare grant
applications, thus ensuring an efficient use of funds and
timely job creation.
SEC. 10503. SUPPLEMENTAL APPROPRIATIONS FOR BUILD DISCRETIONARY GRANT
PROGRAM.
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2019:
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
For an additional amount for ``National Infrastructure
Investments'' in accordance with the provisions under this heading in
title I of division K of Public Law 115-31, $7,500,000,000, to remain
available through September 30, 2024: Provided, That the amount under
this heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, except that such amount shall be available
only if the President subsequently so designates such amount and
transmits such designation to the Congress.
SEC. 10504. EXEMPTION FROM SEQUESTRATION.
The appropriation in section 10503 shall be exempt from
sequestration under the Balanced Budget and Emergency Deficit Control
Act of 1985.
Subtitle F--Stephanie Tubbs Jones Assets for Independence
Reauthorization Act
SEC. 10601. SHORT TITLE; REFERENCE.
(a) Short Title.--This subtitle may be cited as the ``Stephanie
Tubbs Jones Assets for Independence Reauthorization Act of 2020''.
(b) Reference.--Except as otherwise expressly provided, wherever in
this subtitle an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to that section or other provision of the Assets for Independence
Act (42 U.S.C. 604 note).
SEC. 10602. FINDINGS.
Section 402 is amended--
(1) in paragraph (2), by striking ``Fully \1/2\'' and
inserting ``Almost \1/4\''; and
(2) in paragraph (4), by striking the first sentence and
inserting the following: ``Traditional public assistance
programs concentrate on income and consumption and have lacked
an asset-building component to promote and support the
transition to increased economic self-sufficiency.''.
SEC. 10603. SENSE OF CONGRESS.
It is the sense of Congress that a qualified entity conducting a
demonstration project under the Assets for Independence Act (42 U.S.C.
604 note) should, to the maximum extent practicable, increase--
(1) the rate at which the entity matches contributions by
individuals participating in the project under section
410(a)(1) of such Act; or
(2) the number of individuals participating in the project.
SEC. 10604. DEFINITIONS.
Section 404 is amended--
(1) by amending paragraph (4) to read as follows:
``(4) Household.--The term `household' means an individual
or group of individuals who live in a single residence.
Multiple households may share a single residence.'';
(2) in paragraph (5)(A)--
(A) by striking clause (iii);
(B) by redesignating clauses (iv) through (vi) as
clauses (iii) through (v), respectively; and
(C) in clause (iv), as redesignated by subparagraph
(B), by striking ``clause (vi)'' and inserting ``clause
(v)'';
(3) in paragraph (7)(A)--
(A) by amending clause (ii) to read as follows:
``(ii) a State or local government agency
(or a public housing agency, as defined in
section 3(b)(6) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(6))) or a
tribal government (or a tribally designated
housing entity, as defined in section 4(22) of
the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C.
4103(22)));''; and
(B) by striking clause (iii) and inserting the
following:
``(iii) a credit union designated as a low-
income credit union by the National Credit
Union Administration (NCUA); or
``(iv) an organization designated as a
community development financial institution by
the Secretary of the Treasury (or the Community
Development Financial Institutions Fund).'';
and
(4) in paragraph (8)--
(A) in subparagraph (A)--
(i) in the first sentence--
(I) by inserting ``of an eligible
individual or the dependent of an
eligible individual (as such term is
used in subparagraph (E)(ii))'' after
``expenses''; and
(II) by inserting ``, or to a
vendor pursuant to an education
purchase plan approved by a qualified
entity'' before the period;
(ii) in clause (i)--
(I) in subclause (II), by inserting
``or for courses described in subclause
(III)'' after ``eligible educational
institution''; and
(II) by adding at the end the
following new subclauses:
``(III) Preparatory courses.--
Preparatory courses for an examination
required for admission to an eligible
educational institution, for successful
performance at an eligible educational
institution, or for a professional
licensing or certification examination.
``(IV) Room and board and
transportation.--Room and board and
transportation, including commuting
expenses, necessary to enable
attendance at courses of instruction at
an eligible educational institution or
attendance at courses described in
subclause (III).'';
(iii) by amending clause (ii) to read as
follows:
``(ii) Eligible educational institution.--
The term `eligible educational institution'
means--
``(I) an institution described in
section 101 or 102 of the Higher
Education Act of 1965 (20 U.S.C. 1001,
1002); or
``(II) an area career and technical
education school, as defined in section
3(3) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20
U.S.C. 2302(3)).''; and
(iv) by adding at the end the following new
clause:
``(iii) Education purchase plan.--The term
`education purchase plan' means a plan--
``(I) for the purchase of items or
services described in subclauses (II)
through (IV) of clause (i) from
entities other than eligible
educational institutions;
``(II) that includes a description
of the items or services to be
purchased; and
``(III) that includes such
information as a qualified entity may
request from the eligible individual
involved regarding the necessity of the
items or services to a course of study
at an eligible educational institution
or a course described in clause
(i)(III).'';
(B) in subparagraph (B)--
(i) by amending clause (i) to read as
follows:
``(i) Principal residence.--The term
`principal residence' means a main residence
the qualified acquisition costs of which do not
exceed 120 percent of the median house price in
the area, as determined by the Secretary of
Housing and Urban Development for purposes of
section 203(b) of the National Housing Act (12
U.S.C. 1709(b)) for a residence occupied by a
number of families that corresponds to the
number of households occupying the residence
involved.''; and
(ii) in clause (iii)--
(I) by amending subclause (I) to
read as follows:
``(I) In general.--Subject to
subclause (II), the term `qualified
first-time homebuyer' means an
individual participating in the project
involved who--
``(aa) has no sole present
ownership interest in a
principal residence during the
3-year period ending on the
date of acquisition of the
principal residence to which
this subparagraph applies
(except for an interest in such
principal residence); and
``(bb) has no co-ownership
interest in a principal
residence on the date of
acquisition of the principal
residence to which this
subparagraph applies (except
for an interest in such
principal residence).'';
(II) by redesignating subclause
(II) as subclause (III); and
(III) by inserting after subclause
(I) the following new subclause:
``(II) Exception for victims of
domestic violence.--An individual
participating in the project involved
who is a recent or current victim of
domestic violence (as defined in
section 40002(a)(8) of the Violence
Against Women Act of 1994 (42 U.S.C.
13925(a)(8))) shall not be considered
to fail to be a qualified first-time
homebuyer by reason of having a co-
ownership interest in a principal
residence with a person who committed
domestic violence against the
victim.'';
(C) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(D) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Home replacement, repair, or improvement.--
Qualified replacement costs or qualified repair or
improvement costs with respect to a principal
residence, if paid from an individual development
account directly to the persons to whom the amounts are
due. In this subparagraph:
``(i) Principal residence.--The term
`principal residence' means--
``(I) with respect to payment of
qualified replacement costs, a main
residence the qualified replacement
costs of which do not exceed 120
percent of the median house price in
the area, as determined by the
Secretary of Housing and Urban
Development for purposes of section
203(b) of the National Housing Act (12
U.S.C. 1709(b)) for a residence
occupied by a number of families that
corresponds to the number of households
occupying the residence involved; or
``(II) with respect to qualified
repair or improvement costs, a main
residence the value of which does not
exceed, on the day before the
commencement of the repairs or
improvements, 120 percent of such
median house price.
``(ii) Qualified replacement costs.--The
term `qualified replacement costs' means the
costs (including any usual or reasonable
settlement, financing, or other closing costs)
of replacing--
``(I) a manufactured home that was
manufactured, assembled, or imported
for resale before the initial
effectiveness of any Federal
manufactured home construction and
safety standards established pursuant
to section 604 of the National
Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C.
5403); or
``(II) a residence that fails to
meet local building codes or is not
legally habitable.
``(iii) Qualified repair or improvement
costs.--The term `qualified repair or
improvement costs' means the costs of making
repairs or improvements (including any usual or
reasonable financing costs) that will enhance
the habitability or long-term value of a
residence.''; and
(E) by adding at the end the following new
subparagraph:
``(F) Qualified tuition programs.--Contributions
paid from an individual development account of an
eligible individual directly to a qualified tuition
program (as defined in subsection (b) of section 529 of
the Internal Revenue Code of 1986), for the purpose of
covering qualified higher education expenses (as
defined in subsection (e)(3) of such section) of a
dependent of such individual (as such term is used in
clause (ii) of subparagraph (E)).''.
SEC. 10605. APPLICATIONS.
Section 405 is amended--
(1) in subsection (c)(4), by adding at the end the
following: ``Such funds include funds received under the
Community Services Block Grant Act (42 U.S.C. 9901 et seq.),
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b et seq.), the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), or
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.) (including Community Development Block
Grant Act funds and Indian Community Development Block Grant
Act funds), that are formally committed to the project.''; and
(2) by adding at the end the following new subsection:
``(h) Applications for New Projects and Renewals of Existing
Projects.--For project years beginning on or after the date of the
enactment of the Stephanie Tubbs Jones Assets for Independence
Reauthorization Act of 2020, the preceding provisions of this section
shall only apply as follows:
``(1) Announcement of procedures.--Not later than 180 days
after the date of the enactment of the Stephanie Tubbs Jones
Assets for Independence Reauthorization Act of 2020, the
Secretary shall publicly announce the procedures by which a
qualified entity may submit an application--
``(A) to conduct a demonstration project under this
title; or
``(B) for renewal of authority to conduct a
demonstration project under this title.
``(2) Approval.--The Secretary shall, on a competitive
basis, approve applications submitted pursuant to the
procedures announced under paragraph (1), taking into account
the assessments required by subsection (c) and giving special
consideration to the applications described in paragraph (3).
``(3) Special consideration.--The applications described in
this paragraph are the following:
``(A) Applications submitted by qualified entities
proposing to conduct demonstration projects under this
title that will target the following populations:
``(i) Individuals who are or have been in
foster care.
``(ii) Victims of domestic violence (as
defined in section 40002(a)(8) of the Violence
Against Women Act of 1994 (42 U.S.C.
13925(a)(8))).
``(iii) Victims of--
``(I) a major disaster declared to
exist by the President under section
401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42
U.S.C. 5170) or an emergency declared
to exist by the President under section
501 of such Act (42 U.S.C. 5191); or
``(II) a situation similar to a
major disaster or emergency described
in subclause (I) declared to exist by
the Governor of a State.
``(iv) Formerly incarcerated individuals.
``(v) Individuals who are unemployed or
underemployed.
``(B) Applications described in subsection (d).
``(4) Contracts with nonprofit entities.--Subsection (f)
shall continue to apply.
``(5) Grandfathering of existing statewide programs.--
Subsection (g) shall continue to apply, except that any
reference in such subsection to the date of enactment of this
Act or to $1,000,000 shall be deemed to be a reference to the
date of the enactment of the Stephanie Tubbs Jones Assets for
Independence Reauthorization Act of 2020 or to $250,000,
respectively.''.
SEC. 10606. DEMONSTRATION AUTHORITY; ANNUAL GRANTS.
Section 406(a) is amended by inserting ``(or, in the case of an
application approved under section 405(h)(2), not later than 30 days
after the date of the approval of such application)'' after ``the date
of enactment of this title''.
SEC. 10607. RESERVE FUND.
Section 407(c) is amended--
(1) in paragraph (1)(D), by inserting ``or organizations''
after ``organization''; and
(2) by amending paragraph (3) to read as follows:
``(3) Limitation on uses.--
``(A) In general.--Of the amount provided to a
qualified entity under section 406(b)--
``(i) not more than 5.5 percent shall be
used for the purpose described in subparagraph
(A) of paragraph (1);
``(ii) not less than 80 percent shall be
used for the purpose described in subparagraph
(B) of such paragraph; and
``(iii) not more than 14.5 percent shall be
used for the purposes described in
subparagraphs (C) and (D) of such paragraph.
``(B) Joint administration of project.--If two or
more qualified entities are jointly administering a
demonstration project, no one such entity shall use
more than its proportional share of the percentage
indicated in subparagraph (A) of this paragraph for the
purposes described in subparagraphs (A) through (D) of
paragraph (1).''.
SEC. 10608. ELIGIBILITY FOR PARTICIPATION.
Section 408 is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Income tests.--The household meets either of the
following income tests:
``(A) Adjusted gross income test.--The adjusted
gross income of the household for the last taxable year
ending in or with the preceding calendar year does not
exceed the greater of--
``(i) 200 percent of the Federal poverty
line, as defined in section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)), including any revision required by
such section, for a family composed of the
number of persons in the household at the end
of such taxable year; or
``(ii) 80 percent of the median income for
the area for such taxable year, as determined
by the Secretary of Housing and Urban
Development for purposes of section 3(b)(2) of
the United States Housing Act of 1937 (42
U.S.C. 1437a(b)(2)), taking into account any
family-size adjustment by the Secretary under
such section that corresponds to the size of
the household at the end of such taxable year.
``(B) Modified adjusted gross income test.--
``(i) In general.--The modified adjusted
gross income of the household for the last
taxable year ending in or with the preceding
calendar year does not exceed the amount
described in clause (ii) for the individual
whose eligibility is being determined under
this section.
``(ii) Amount described.--The amount
described in this clause for an individual is
as follows:
``(I) Married filing jointly.--
$40,000 for an individual described in
subsection (a)(1) of section 1 of the
Internal Revenue Code of 1986.
``(II) Surviving spouse.--$40,000
for an individual described in
subsection (a)(2) of such section.
``(III) Head of household.--$30,000
for an individual described in
subsection (b) of such section.
``(IV) Single or married filing
separately.--$20,000 for an individual
described in subsection (c) or (d) of
such section.
``(iii) Adjustment for inflation.--
``(I) In general.--In the case of a
calendar year described in clause (i)
that is after 2020, the dollar amounts
in clause (ii) shall be the dollar
amounts determined under this clause
(or clause (ii)) for the previous year
increased by the annual percentage
increase (if any) in the consumer price
index (all items; U.S. city average) as
of September of the calendar year
described in clause (i).
``(II) Rounding.--Any dollar amount
determined under subclause (I) that is
not a multiple of $100 shall be rounded
to the next greatest multiple of
$100.''; and
(B) in paragraph (2), by adding at the end the
following new subparagraph:
``(D) Adjustment for inflation.--
``(i) In general.--In the case of a
calendar year described in subparagraph (A)
that is after 2020, the dollar amount in such
subparagraph shall be the dollar amount
determined under this clause (or such
subparagraph) for the previous year increased
by the annual percentage increase (if any) in
the consumer price index (all items; U.S. city
average) as of September of the calendar year
described in such subparagraph.
``(ii) Rounding.--Any dollar amount
determined under clause (i) that is not a
multiple of $100 shall be rounded to the next
greatest multiple of $100.'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(b) Calculating Income of Household.--
``(1) Adjusted gross income.--For purposes of subsection
(a)(1)(A), the adjusted gross income of a household for a
taxable year is the sum of the adjusted gross incomes of the
individuals who are members of the household at the end of such
year.
``(2) Modified adjusted gross income.--For purposes of
subsection (a)(1)(B), the modified adjusted gross income of a
household for a taxable year is the sum of the modified
adjusted gross incomes of the individuals who are members of
the household at the end of such year.''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) by striking ``, including'' and all that
follows and inserting a period;
(B) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(C) by adding at the end the following new
paragraphs:
``(2) Individuals who move because of major disasters or
emergencies or to find employment.--
``(A) In general.--The regulations promulgated
under paragraph (1) shall establish procedures under
which an individual described in subparagraph (B) may
transfer from one demonstration project under this
title to another demonstration project under this title
that is being conducted in another community by a
qualified entity that agrees to accept the individual
into the project. Such regulations shall not permit
such a transfer unless such qualified entity has
sufficient amounts in its Reserve Fund to make the
deposits required by section 410 with respect to the
individual.
``(B) Individual described.--An individual
described in this subparagraph is an individual
participating in a demonstration project under this
title who moves from the community in which the project
is being conducted--
``(i) because of--
``(I) a major disaster declared to
exist in such community by the
President under section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5170) or an emergency declared to exist
in such community by the President
under section 501 of such Act (42
U.S.C. 5191);
``(II) a situation similar to a
major disaster or emergency described
in subclause (I) declared to exist in
such community by the Governor of a
State; or
``(III) a qualifying life event
experienced by such individual; or
``(ii) in order to secure employment.
``(C) Qualifying life event defined.--For purposes
of subparagraph (B)(i)(III), the term `qualifying life
event'--
``(i) means an event determined by the
Secretary to be similar to an event that would
permit the individual to make an election
change with respect to a cafeteria plan under
section 125 of the Internal Revenue Code of
1986; and
``(ii) includes--
``(I) a change in the legal marital
status of the individual;
``(II) a change in the number of
dependents of the individual (as such
term is used in section 404(8)(E)(ii));
``(III) the birth or death of a
child of the individual;
``(IV) the adoption or placement
for adoption of a child by the
individual;
``(V) a change in the provider of
daycare for a child of the individual,
or a significant increase in the cost
of such daycare; and
``(VI) a change in employment
status of the individual, the
individual's spouse, or a dependent of
the individual (as such term is used in
section 404(8)(E)(ii)).
``(3) Relocation to community where no project is
available.--
``(A) In general.--An individual described in
subparagraph (B) shall be permitted to withdraw funds
from the individual development account of the
individual during the 1-year period following the date
such individual moves to another community in the same
manner that an individual is permitted under section
410(d)(2) to withdraw funds during the 1-year period
following the end of a demonstration project.
``(B) Individual described.--An individual
described in this subparagraph is an individual who--
``(i) moves to a community where no
demonstration project under this title is being
conducted; or
``(ii) after moving to another community
and making such efforts as the Secretary may
require to transfer to another demonstration
project under this title, is, for any reason
other than a violation of the requirements of
this title or regulations promulgated by the
Secretary under this title, not accepted into
another demonstration project under this title.
``(C) Funds remaining in ida.--Any funds remaining
in an individual development account after the end of
the 1-year period described in subparagraph (A) shall
be treated in the same manner as funds remaining in an
individual development account after the end of the 1-
year period described in subsection (d)(2)(A) of
section 410 are treated under subsection (f) of such
section.
``(4) Relocation by other individuals.--The regulations
promulgated under paragraph (1) shall prohibit any individual
who is unable to continue participating in a demonstration
project under this title for any reason, except for an
individual described in paragraph (2)(B) or (3)(B), from being
eligible to participate in any other demonstration project
conducted under this title.''.
SEC. 10609. DEPOSITS BY QUALIFIED ENTITIES.
Section 410 is amended--
(1) in subsection (a)(2), by inserting ``2 times'' after
``an amount equal to'';
(2) in subsection (b), by striking ``$2,000'' and inserting
``$5,000'';
(3) in subsection (c), by striking ``$4,000'' and inserting
``$10,000'';
(4) in subsection (d)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall'';
(B) in paragraph (1), as amended by subparagraph
(A), by adding at the end the following: ``The
Secretary may waive the application of the preceding
sentence in the case of an individual who has
participated in another demonstration project under
this title (including successful completion after
transferring from one project to another project as
described in section 408(c)(2)) or an asset-building
project similar to the demonstration projects conducted
under this title.''; and
(C) by adding at the end the following new
paragraph:
``(2) Access for 1 year after end of project.--
``(A) In general.--The Secretary shall ensure that
an eligible individual is able to withdraw funds from
an individual development account of the individual
during the 1-year period following the end of the
demonstration project with respect to which deposits
were made into such account (whether such project ends
by reason of expiration of the authority under section
406(a) of the qualified entity to conduct the
demonstration project, termination of such authority
under section 413 without transfer to another qualified
entity, or otherwise).
``(B) Approval of withdrawals.--During the period
described in subparagraph (A), an eligible individual
may only make a withdrawal if the withdrawal is
approved in writing--
``(i) by a responsible official of the
qualified entity; or
``(ii) by the Secretary, if the Secretary
terminated the authority of the qualified
entity to conduct the demonstration project
under section 413 or the Secretary determines
that the qualified entity is otherwise unable
or unwilling to participate in the approval
process.''; and
(5) by adding at the end the following new subsection:
``(f) Unused Funds in IDA.--If funds remain in an individual
development account after the end of the 1-year period described in
subsection (d)(2)(A), such funds shall be disposed of as considered
appropriate by the Secretary or a nonprofit entity (as such term is
used in section 404(7)(A)(i)) designated by the Secretary.''.
SEC. 10610. REGULATIONS.
Section 411 is amended--
(1) in the heading, by inserting ``; regulations'' after
``projects'';
(2) by striking ``A qualified entity'' and inserting the
following:
``(a) Local Control Over Demonstration Projects.--A qualified
entity''; and
(3) by adding at the end the following new subsection:
``(b) Regulations.--Subject to subsection (a), not later than 180
days after the date of the enactment of the Stephanie Tubbs Jones
Assets for Independence Reauthorization Act of 2020, the Secretary
shall promulgate such regulations as the Secretary considers necessary
to implement this title. The Secretary may provide that any such
regulation takes effect on the date of promulgation, but the Secretary
shall accept and consider public comments for 60 days after such
date.''.
SEC. 10611. ANNUAL PROGRESS REPORTS.
(a) In General.--Section 412(b) is amended by striking ``subsection
(a) to'' and all that follows and inserting ``subsection (a) to the
Secretary.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to reports submitted on or after the date of the enactment of
this Act.
SEC. 10612. SANCTIONS.
(a) In General.--Section 413 is amended--
(1) by amending subsection (b)(5) to read as follows:
``(5) if, by the end of the 90-day period beginning on the
date of the termination, the Secretary has not found a
qualified entity (or entities) described in paragraph (3),
shall--
``(A) make every effort to identify, without
conducting a competition (unless the Secretary
determines that conducting a competition would be
feasible and appropriate), another qualified entity (or
entities), in the same or a different community,
willing and able to conduct one or more demonstration
projects under this title that may differ from the
project being terminated;
``(B) in identifying a qualified entity (or
entities) under subparagraph (A), give priority to
qualified entities that--
``(i) are participating in demonstration
projects conducted under this title;
``(ii) have waiting lists for participants
in such demonstration projects; and
``(iii) can demonstrate the availability of
non-Federal funds described in section
405(c)(4), in addition to any such funds
committed to any demonstration projects being
conducted by the qualified entity at the time
the Secretary considers identifying the entity
under subparagraph (A), to be committed to the
demonstration project (or projects) described
in subparagraph (A) as matching contributions;
and
``(C) if the Secretary identifies a qualified
entity (or entities) under subparagraph (A)--
``(i) transfer to the entity (or entities)
control over the Reserve Fund established
pursuant to section 407 with respect to the
project being terminated; and
``(ii) authorize the entity (or entities)
to use such Reserve Fund to conduct a
demonstration project (or projects) in
accordance with an application approved under
subsection (e) or (h)(2) of section 405 and the
requirements of this title.''; and
(2) by adding at the end the following new subsection:
``(c) Focus on Community of Terminated Project.--In identifying
another qualified entity (or entities) under paragraph (3) or (5) of
subsection (b), the Secretary shall, to the extent practicable, select
a qualified entity (or entities) in the community served by the
demonstration project being terminated.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply to terminations occurring on or after the date of the
enactment of this Act.
(2) Discretionary application to previous terminations.--
The Secretary of Health and Human Services may apply such
amendment to terminations occurring within the 1-year period
ending on the day before the date of the enactment of this Act.
In the case of such an application, any reference in such
amendment to the date of the termination is deemed a reference
to such date of enactment.
SEC. 10613. EVALUATIONS.
Section 414 is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may enter into one or more
contracts with one or more independent research organizations to
evaluate the demonstration projects conducted under this title,
individually and as a group, including all qualified entities
participating in and sources providing funds for the demonstration
projects conducted under this title. Such contract or contracts may
also provide for the evaluation of other asset-building programs and
policies targeted to low-income individuals.'';
(2) in subsection (b)--
(A) by striking paragraph (3);
(B) in paragraph (4), by striking ``, and how such
effects vary among different populations or
communities'';
(C) by striking paragraphs (5) and (6); and
(D) by redesignating paragraphs (4) and (7) as
paragraphs (3) and (4), respectively; and
(3) in subsections (b) and (c), by inserting ``(or
organizations)'' after ``research organization'' each place it
appears.
SEC. 10614. COSTS OF TRAINING QUALIFIED ENTITIES.
The Assets for Independence Act (42 U.S.C. 604 note) is amended--
(1) by redesignating section 416 as section 417; and
(2) by inserting after section 415 the following new
section:
``SEC. 416. COSTS OF TRAINING QUALIFIED ENTITIES.
``If the Secretary determines that a qualified entity conducting a
demonstration project under this title should receive training in order
to conduct the project in accordance with an application approved under
subsection (e) or (h)(2) of section 405 or the requirements of this
title, or to otherwise successfully conduct the project, the Secretary
may use funds appropriated under section 418 to cover the necessary
costs of such training, including the costs of travel, accommodations,
and meals.''.
SEC. 10615. WAIVER AUTHORITY.
The Assets for Independence Act (42 U.S.C. 604 note), as amended by
section 14 of this Act, is amended--
(1) by redesignating section 417, as so redesignated by
section 14(1) of this Act, as section 418; and
(2) by inserting after section 416 the following new
section:
``SEC. 417. WAIVER AUTHORITY.
``In order to carry out the purposes of this title, the Secretary
may waive any requirement of this title--
``(1) relating to--
``(A) the definition of a qualified entity;
``(B) the approval of a qualified entity to conduct
a demonstration project under this title or to receive
a grant under this title;
``(C) eligibility criteria for individuals to
participate in a demonstration project under this
title;
``(D) amounts or limitations with respect to--
``(i) the matching by a qualified entity of
amounts deposited by an eligible individual in
the individual development account of the
individual;
``(ii) the amount of funds that may be
granted to a qualified entity by the Secretary;
or
``(iii) uses by a qualified entity of the
funds granted to the qualified entity by the
Secretary; or
``(E) the withdrawal of funds from an individual
development account only for qualified expenses or as
an emergency withdrawal; or
``(2) the waiver of which is necessary to--
``(A) permit the Secretary to enter into an
agreement with the Commissioner of Social Security;
``(B) allow individuals to be placed on a waiting
list to participate in a demonstration project under
this title; or
``(C) allow demonstration projects under this title
to be targeted to populations described in section
405(h)(3)(A) and to successfully recruit individuals
from such populations for participation.''.
SEC. 10616. AUTHORIZATION OF APPROPRIATIONS.
Section 418, as redesignated by section 10615(1) of this subtitle,
is amended by inserting after ``2003'' the following: ``and $75,000,000
for each of fiscal years 2021, 2022, 2023, 2024, and 2025''.
SEC. 10617. CONFORMING AMENDMENTS.
(a) In General.--Section 414(e) is amended by striking ``section
416'' and inserting ``section 418''.
(b) Table of Contents.--The table of contents in section 2 of the
Community Opportunities, Accountability, and Training and Educational
Services Act of 1998 (Public Law 105-285) is amended as follows:
(1) By striking the item relating to section 411 and
inserting the following new item:
``Sec. 411. Local control over demonstration projects; regulations.''.
(2) By striking the items relating to sections 415 and 416
and inserting the following new items:
``Sec. 415. No reduction in benefits.
``Sec. 416. Costs of training qualified entities.
``Sec. 417. Waiver authority.
``Sec. 418. Authorization of appropriations.''.
SEC. 10618. GENERAL EFFECTIVE DATE.
The amendments made by sections 10604 through 10609 of this
subtitle shall apply to project years beginning on or after the date of
the enactment of this Act.
Subtitle G--Look-back Elimination
SEC. 10701. SHORT TITLE.
This subtitle may be cited as the ``Look-back Elimination Act of
2020''.
SEC. 10702. FINDINGS.
The Congress finds as follows:
(1) As part of President Franklin Delano Roosevelt's New
Deal, the Social Security Act of 1935 included the creation of
the Aid to Dependent Children program as a way to provide
Federal support to poor children. Over time, this program
became the Aid to Families with Dependent Children (AFDC)
program and provided assistance to struggling families for over
60 years.
(2) Part E of title IV of the Social Security Act provides
primary Federal funding for child welfare services. Under that
part, the Federal Government pays a portion of the cost of
providing Federal foster care and adoption assistance benefits
for eligible children.
(3) In 1996, when Congress replaced the AFDC program with
the Temporary Assistance for Needy Families (TANF) program,
Congress also fixed the income eligibility requirement for
Federal foster care and adoption assistance benefits at a level
based on the income thresholds established by the States under
their former AFDC programs. This income eligibility requirement
is now commonly referred to as the ``AFDC look-back standard''.
(4) At that time, many States had established very strict
household income requirements in order for children to be
eligible for AFDC benefits. As a result of this very strict
requirement, many children in the Federal foster care and
adoption assistance programs are ineligible to receive a wide
range of Federal benefits, services, and activities. For
example, this outdated, restrictive standard prevents the State
of Georgia from providing assistance to more than half of the
children in the child welfare system.
(5) Forced to adhere to a stagnant standard, States
increasingly struggle to administer Federal foster care and
adoption assistance programs and provide services to those
children most in need. As inflation increases, fewer children
are eligible to receive Federal benefits, and States struggle
to provide services from other, limited local and State
resources.
(6) Although the AFDC look-back standard still applies to
the Federal foster care program, the Fostering Connections to
Success and Increasing Adoptions Act of 2008 completely
eliminated the AFDC look-back standard in the Federal adoption
assistance program in 2018.
SEC. 10703. ELIMINATION OF THE AFDC ELIGIBILITY REQUIREMENT IN THE
FOSTER CARE MAINTENANCE PAYMENTS PROGRAM.
(a) In General.--Section 472(a) of the Social Security Act (42
U.S.C. 672(a)) is amended--
(1) in paragraph (1), by striking ``specified'' and all
that follows and inserting ``or caretaker into foster care if
the removal and foster care placement met, and continues to
meet, the requirements of paragraph (2).''; and
(2) by striking paragraphs (3) and (4).
(b) Conforming Amendment.--Section 470 of such Act (42 U.S.C. 670)
is amended by striking ``who otherwise would have been eligible for
assistance under the State's plan approved under part A (as such plan
was in effect on June 1, 1995)''.
SEC. 10704. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the AFDC eligibility requirement for Federal foster
care and adoption assistance benefits should be eliminated and
replaced with income eligibility standards that are based on
modern, balanced criteria that treat all children equally; and
(2) the Secretary of Health and Human Services should
collaborate with Members of Congress and child welfare
advocates in developing any modified standards.
Subtitle H--Building Up Infrastructure and Limiting Disasters Through
Resilience
SEC. 10801. SHORT TITLE.
This subtitle may be cited as the ``Building Up Infrastructure and
Limiting Disasters through Resilience Act of 2020'' or the ``BUILD
Resilience Act of 2020''.
SEC. 10802. DEFINITIONS.
For purposes of this subtitle, the following definitions shall
apply:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a unit of general local government;
(C) an Indian tribe; or
(D) a regional entity comprised of entities
described in subparagraph (A), (B), or (C).
(2) National center.--The term ``National Center'' means
the National Research Center for Resilience established under
section 10804.
(3) Resilience.--The term ``resilience'' means the ability
to prepare and plan for, absorb, recover from, and more
successfully adapt to disasters, chronic stresses, and acute
shocks, including any hurricane, tornado, storm, high water,
recurrent flooding, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, fire, landslide, mudslide,
snowstorm, or drought.
(4) Resilience grant.--The term ``resilience grant'' means
a grant awarded under section 10803.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(6) State; unit of general local government; indian
tribe.--The terms ``State'', ``unit of general local
government'', and ``Indian tribe'' have the meanings given such
terms in section 102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
SEC. 10803. COMMUNITY RESILIENCE GRANT PROGRAM.
(a) Authority.--The Secretary of Housing and Urban Development
shall carry out a Community Resilience Grant Program under this section
to provide assistance to communities for increasing resilience to
chronic stresses and acute shocks, including improving long-term
resilience of infrastructure and housing.
(b) Grantees.--Grant amounts shall be awarded on a competitive
basis, as provided under section 102 of the Department of Housing and
Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible
entities, within whose boundaries or jurisdictions are located any area
for which a major disaster was declared pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), during the 5-year period ending upon the date on which
the eligible entity submits an application for such a grant.
(c) Eligible Activities.--
(1) In general.--Amounts from a resilience grant may be
used only for activities authorized under either section 105 or
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5305, 5308), but not including activities under
paragraphs (9) and (10) of such section 105(a).
(2) Consultation.--The Secretary shall consult with the
Administrator of the Federal Emergency Management Agency, the
Chief of Engineers and Commanding General of the United States
Army Corps of Engineers, the Administrator of the Environmental
Protection Agency, and the Secretary of Transportation before
awarding a resilience grant to ensure that there is no
duplication of assistance with respect to activities carried
out with amounts provided from a resilience grant.
(d) Matching Requirement.--
(1) In general.--The Secretary shall require each recipient
of a resilience grant to supplement the amounts of the grant
with an amount of funds from non-Federal sources that is not
less than 50 percent of the amount of the resilience grant.
(2) Form of non-federal share.--Supplemental funds provided
under paragraph (1) may include any non-monetary, in-kind
contributions in connection with activities carried out under
the plan approved under subsection (e) for the grant recipient.
(e) Application; Selection; Selection Criteria; Plans.--
(1) Applications.--
(A) Requirement.--The Secretary shall provide for
eligible entities to submit applications for resilience
grants.
(B) Plans for use of grant funds.--The Secretary
shall require each application for a resilience grant
to include a plan detailing the proposed use of all
grant funds, including how the use of such funds will
address long-term resilience of infrastructure and
housing.
(2) Review and selection; criteria for selection.--
(A) Competition.--Resilience grants shall be
awarded on a competitive basis and the Secretary shall
establish and utilize a transparent, reliable, and
valid system for reviewing and evaluating applications
for resilience grants, in accordance with section 102
of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545).
(B) Criteria.--The Secretary shall establish, by
notice, and utilize criteria for selecting applications
to be funded under this section, which shall--
(i) be based primarily on a determination
of greatest need, as such term is defined by
the Secretary;
(ii) provide due consideration to other
enumerated factors, including the ability of
the plan for use of grant funds required under
paragraph (1)(B) to increase an applicant's
resilience, and the capacity of the applicant
to successfully implement the activities
described in such plan;
(iii) provide that the Secretary shall
consider that an application that includes a
plan for use of grant funds that consists of a
resilience or mitigation plan previously
approved by another Federal agency, including a
hazard mitigation plan developed under section
322 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5165),
shall be sufficient for purposes of paragraph
(1)(B) if, together with such plan, the
applicant includes a detailed description
regarding use of all grant funds provided under
this section;
(iv) give consideration to the need for
resilience grants to be awarded to eligible
entities in each region of the United States;
and
(v) give consideration to applicants whose
plans submitted under paragraph (1)(B) propose
innovative approaches to increasing community
resilience to extreme weather, including
increasing long-term resilience of
infrastructure and housing and economic
resilience.
(f) Administration; Treatment as CDBG Funds.--Except as otherwise
provided by this Act, amounts appropriated, revenues generated, or
amounts otherwise made available to eligible entities under this
section shall be treated as though such funds were community
development block grant funds under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
(g) Environmental Reviews.--
(1) Assumption of responsibilities.--
(A) In general.--In order to ensure that the
policies of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), and other provisions of
law which further the purposes of such Act (as
specified in regulations issued by the Secretary) are
most effectively implemented in connection with the
expenditure of funds under this section, and to assure
to the public undiminished protection of the
environment, the Secretary, in lieu of the
environmental protection procedures otherwise
applicable, may under regulations provide for the
release of funds for particular projects to recipients
of resilience grants who assume all of the
responsibilities for environmental review,
decisionmaking, and action pursuant to such Act, and
such other provisions of law as the regulations of the
Secretary specify, that would apply to the Secretary
were the Secretary to undertake such projects as
Federal projects.
(B) Consultation.--The Secretary shall issue
regulations to carry out this paragraph only after
consultation with the Council on Environmental Quality.
(2) Submission of certification.--
(A) In general.--The Secretary shall approve the
release of funds for projects subject to the procedures
authorized by this subsection only if, at least 15 days
prior to such approval and prior to any commitment of
funds to such projects other than for purposes
authorized by section 105(a)(12) of the Housing and
Community Development Act of 1974 (42 U.S.C.
5305(a)(12)), or for environmental studies, the
recipient of a resilience grant has submitted to the
Secretary a request for such release accompanied by a
certification which meets the requirements of paragraph
(3).
(B) Satisfaction of environmental laws.--The
Secretary's approval of any such certification shall be
deemed to satisfy the Secretary's responsibilities
under the National Environmental Policy Act of 1969 and
such other provisions of law as the regulations of the
Secretary specify insofar as those responsibilities
relate to the releases of funds for projects to be
carried out pursuant thereto which are covered by such
certification.
(3) Requirements of certification.--A certification under
the procedures authorized by this subsection shall--
(A) be in a form acceptable to the Secretary;
(B) be executed by the chief executive officer or
other officer of the recipient of a resilience grant
who is qualified under regulations of the Secretary;
(C) specify that the recipient of the resilience
grant has fully carried out its responsibilities as
described under paragraph (1) of this subsection; and
(D) specify that the certifying officer--
(i) consents to assume the status of a
responsible Federal official under the National
Environmental Policy Act of 1969 and each
provision of law specified in regulations
issued by the Secretary insofar as the
provisions of such Act or other such provision
of law apply pursuant to paragraph (1) of this
subsection; and
(ii) is authorized and consents on behalf
of the recipient of the resilience grant and
the certifying office to accept the
jurisdiction of the Federal courts for the
purpose of enforcement of his responsibilities
as such an official.
(4) Grants to states.--In the case of a resilience grant
made to a State--
(A) the State shall perform those actions of the
Secretary described in paragraph (2); and
(B) the performance of such actions shall be deemed
to satisfy the Secretary's responsibilities referred to
in subparagraph (B) of such paragraph.
(5) Implementation.--The Secretary shall implement this
subsection in a manner consistent with the implementation of
section 104(g) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(g)).
SEC. 10804. NATIONAL RESEARCH CENTER FOR RESILIENCE.
(a) Establishment.--The Secretary, acting through the Office of
Policy Development and Research, shall--
(1) select, on a competitive basis, a single nonprofit
organization having a national reputation for expertise in
resilience research and capacity building to develop a National
Research Center for Resilience; and
(2) subject only to the availability of amounts provided in
appropriation Acts, make annual grants of amounts made
available pursuant to section 10807(b)(1) for the establishment
and operation of the National Center.
(b) Activities.--The National Center shall--
(1) collaborate with institutions of higher education as
partners to create a best practices sharing network to support
the programs and activities carried out with resilience grants;
(2) coordinate with any other relevant centers and entities
throughout the Federal Government on efforts relating to
improving community resilience:
(3) collect and disseminate research and other information
about evidence-based and promising practices related to
resilience to inform the efforts of research partners and to
support the programs and activities carried out with resilience
grants;
(4) increase the public's knowledge and understanding of
effective practices to improve regional and community
resilience throughout the United States; and
(5) make grants under subsection (d) for Regional Centers
for Resilience.
(c) Dissemination of Proven Practices.--The Secretary shall collect
information from the National Center regarding its activities and
research and shall develop, manage, and regularly update an online site
to disseminate proven practices for improving community resilience.
(d) Grants for Regional Centers for Resilience.--
(1) Grant program.--The National Center shall carry out a
program to make grants to institutions of higher education, or
other non-profit organizations, having a national reputation to
establish a Regional Center for Resilience in each of the 10
regions of the Department of Housing and Urban Development, as
that shall serve as regional research partners with recipients
of resilience grants that are located in the same geographic
region as such institution, in collaboration with the National
Center.
(2) Support services.--A Regional Center for Resilience
receiving a grant under this section shall use such grant
amounts to--
(A) provide research support to recipients of
resilience grants, including support services for data
collection, general research, and analysis to assess
the progress of activities carried out with resilience
grants;
(B) provide technical assistance to prospective
applicants for, and recipients of, resilience grants;
and
(C) collaborate with and share information with the
National Center.
SEC. 10805. ANNUAL PROGRAMS REPORT.
The Secretary shall annually submit to the Congress, and make
publicly available, a report on the programs carried out under this
Act, which shall evaluate the performance of such programs using the
program performance metrics established under Executive Order 13576 (76
Fed. Reg. 35297), or any subsequent replacement executive order.
SEC. 10806. GAO REPORTS.
(a) Access to Information.--The Comptroller General of the United
States shall have access to all information regarding and generated by
the programs carried out under this Act.
(b) Reports.--Not later than the expiration of the 2-year period
beginning on the date of the enactment of this Act, and every two years
thereafter, the Comptroller General shall submit to the Congress a
report analyzing and assessing the performance of the programs carried
out under this Act.
SEC. 10807. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $1,000,000,000 for each of fiscal
years 2021 through 2025.
(b) Allocation.--Of any amounts appropriated for each such fiscal
year--
(1) 1.0 percent shall be available for grants under section
10804;
(2) 0.1 percent shall be available to the Office of
Community Planning and Development for necessary costs,
including information technology costs and salaries and
expenses, of administering and overseeing funds made available
for grants under sections 10803 and 10804; and
(3) the remainder shall be available for resilience grants
under section 10803.
Subtitle I--Rebuild America's Schools
SEC. 10901. SHORT TITLE.
This subtitle may be cited as the ``Rebuild America's Schools Act
of 2020''.
SEC. 10902. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor and Pensions of the
Senate.
(2) Bureau-funded school.--The term ``Bureau-funded
school'' has the meaning given 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--
(A) under part 1 of this subtitle;
(B) from a school infrastructure bond; or
(C) from a qualified zone academy bond (as such
term is defined in section 54E of the Internal Revenue
Code of 1986 (as restored by section 10921)).
(4) ESEA terms.--The terms ``elementary school'',
``outlying area'', and ``secondary school'' have the meanings
given those terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given 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.
(6) Public school facilities.--The term ``public school
facilities'' means the facilities of a public elementary school
or a public secondary school.
(7) Qualified local educational agency.--The term
``qualified local educational agency'' means a local
educational agency that receives funds under part A of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.).
(8) School infrastructure bond.--The term ``school
infrastructure bond'' has the meaning given such term in
section 54BB of the Internal Revenue Code of 1986 (as added by
section 10922).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
PART 1--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL
FACILITIES
SEC. 10911. PURPOSE AND RESERVATION.
(a) Purpose.--Funds made available under this part shall be for the
purpose of supporting long-term improvements to public school
facilities in accordance with this subtitle.
(b) Reservation for Outlying Areas and Bureau-Funded Schools.--
(1) In general.--For each of fiscal years 2020 through
2029, the Secretary shall reserve, from the amount appropriated
to carry out this part--
(A) one-half of 1 percent, to provide assistance to
the outlying areas; and
(B) one-half of 1 percent, for payments to the
Secretary of the Interior to provide assistance to
Bureau-funded schools.
(2) Use of reserved funds.--
(A) In general.--Funds reserved under paragraph (1)
shall be used in accordance with sections 10931 through
10934.
(B) Special rules for bureau-funded schools.--
(i) Applicability.--Sections 10931 through
10934 shall apply to a Bureau-funded school
that receives assistance under paragraph (1)(B)
in the same manner that such sections apply to
a qualified local educational agency that
receives covered funds. The facilities of a
Bureau-funded school shall be treated as public
school facilities for purposes of the
application of such sections.
(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 by the Bureau
of Indian Education or by an Indian Tribe. In
the case of a Bureau-funded school that is a
contract or grant school (as that term is
defined in section 1141 of the Education
Amendments of 1978 (25 U.S.C. 2021)) operated
by an Indian Tribe, the Secretary of the
Interior shall provide assistance under such
paragraph to the Indian Tribe concerned.
SEC. 10912. ALLOCATION TO STATES.
(a) Allocation to States.--
(1) State-by-state allocation.--Of the amount appropriated
to carry out this subtitle for each fiscal year and not
reserved under section 10911(b), each State that has a plan
approved by the Secretary under subsection (b) shall be
allocated an amount in proportion to the amount received by all
local educational agencies in the State under part A of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) for the previous fiscal year relative to
the total such amount received by all local educational
agencies in every State that has a plan approved by the
Secretary under subsection (b).
(2) State reservation.--A State may reserve not more than 1
percent of its allocation under paragraph (1) to carry out its
responsibilities under this subtitle, which shall include--
(A) providing technical assistance to local
educational agencies, including by--
(i) identifying which State agencies have
programs, resources, and expertise relevant to
the activities supported by the allocation
under this section; and
(ii) coordinating the provision of
technical assistance across such agencies;
(B) in accordance with the guidance issued by the
Secretary under section 10937, developing an online,
publicly searchable database that contains an inventory
of the infrastructure of all public school facilities
in the State (including the facilities of Bureau-funded
schools, as appropriate), including, with respect to
each such facility, an identification of--
(i) the information described in clauses
(i) through (vi) of subparagraph (F);
(ii) the age (including an identification
of the date of any retrofits or recent
renovations) of--
(I) the facility;
(II) its roof;
(III) its lighting system;
(IV) its windows;
(V) its ceilings;
(VI) its plumbing; and
(VII) its heating, ventilation, and
air conditioning system;
(iii) fire safety inspection results; and
(iv) the proximity of the facilities to
toxic sites or the vulnerability of the
facilities to natural disasters, including the
extent to which facilities that are vulnerable
to seismic natural disasters are seismically
retrofitted;
(C) updating the database developed under
subparagraph (B) not less frequently than once every 2
years;
(D) ensuring that the information in the database
developed under subparagraph (B)--
(i) is posted on a publicly accessible
State website; and
(ii) is regularly distributed to local
educational agencies and Tribal governments in
the State;
(E) issuing and reviewing regulations to ensure the
health and safety of students and staff during
construction or renovation projects; and
(F) issuing or reviewing regulations to ensure
safe, healthy, and high-performing school buildings,
including regulations governing--
(i) indoor air quality and ventilation,
including exposure to carbon monoxide and
carbon dioxide;
(ii) mold, mildew, and moisture control;
(iii) the safety of drinking water at the
tap and water used for meal preparation,
including regulations that--
(I) address the presence of lead
and other contaminants in such water;
and
(II) require the regular testing of
the potability of water at the tap;
(iv) energy and water efficiency;
(v) excessive classroom noise due to
activities allowable under section 10931; and
(vi) the levels of maintenance work,
operational spending, and capital investment
needed to maintain the quality of public school
facilities; and
(G) creating a plan to reduce or eliminate exposure
to toxins and chemicals, including mercury, radon,
PCBs, lead, vapor intrusions, and asbestos.
(b) State Plan.--
(1) In general.--To be eligible to receive an allocation
under this section, a State shall submit to the Secretary a
plan that--
(A) describes how the State will use the allocation
to make long-term improvements to public school
facilities;
(B) explains how the State will carry out each of
its responsibilities under subsection (a)(2);
(C) explains how the State will make the
determinations under subsections (b) and (c) of section
103;
(D) identifies how long, and at what levels, the
State will maintain fiscal effort for the activities
supported by the allocation after the State no longer
receives the allocation; and
(E) includes such other information as the
Secretary may require.
(2) Approval and disapproval.--The Secretary shall have the
authority to approve or disapprove a State plan submitted under
paragraph (1).
(c) Conditions.--As a condition of receiving an allocation under
this section, a State shall agree to the following:
(1) Matching requirement.--The State shall contribute, from
non-Federal sources, an amount equal to 10 percent of the
amount of the allocation received under this section to carry
out the activities supported by the allocation.
(2) Maintenance of effort.--The State shall provide an
assurance to the Secretary that the combined fiscal effort per
student or the aggregate expenditures of the State with respect
to the activities supported by the allocation under this
section for fiscal years beginning with the fiscal year for
which the allocation is received will be not less than 90
percent of the combined fiscal effort or aggregate expenditures
by the State for such purposes for the year preceding the
fiscal year for which the allocation is received.
(3) Supplement not supplant.--The State shall 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.
SEC. 10913. NEED-BASED GRANTS TO QUALIFIED LOCAL EDUCATIONAL AGENCIES.
(a) Grants to Local Educational Agencies.--
(1) In general.--Subject to paragraph (2), from the amounts
allocated to a State under section 10912(a) and contributed by
the State under section 10912(c)(1), the State shall award
grants to qualified local educational agencies, on a
competitive basis, to carry out the activities described in
section 10931(a).
(2) Allowance for digital learning.--A State may use up to
10 percent of the amount described in paragraph (1) to make
grants to qualified local educational agencies carry out
activities to improve digital learning in accordance with
section 10931(b).
(b) Eligibility.--
(1) In general.--To be eligible to receive a grant under
this section a qualified local educational agency--
(A) shall be among the local educational agencies
in the State with the highest numbers or percentages of
students counted under section 1124(c) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6333(c));
(B) shall agree to prioritize the improvement of
the facilities of public schools that serve the highest
percentages 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.)
(which, in the case of a high school, may be calculated
using comparable data from the schools that feed into
the high school), as compared to other public schools
in the jurisdiction of the agency; and
(C) may be among the local educational agencies in
the State--
(i) with the greatest need to improve
public school facilities, as determined by the
State, which may include consideration of
threats posed by the proximity of the
facilities to toxic sites or the vulnerability
of the facilities to natural disasters; and
(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 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; and
(III) the bond rating of the
agency.
(2) Geographic distribution.--The State shall ensure that
grants under this section are awarded to qualified local
educational agencies that represent the geographic diversity of
the State.
(c) Priority of Grants.--In awarding grants under this section, the
State--
(1) shall give priority to qualified local educational
agencies that--
(A) demonstrate the greatest need for such a grant,
as determined by a comparison of the factors described
in subsection (b);
(B) will use the grant to improve the facilities
of--
(i) elementary schools or middle schools
that have an enrollment 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.) that
constitutes not less than 40 percent of the
total student enrollment at such schools; or
(ii) high schools that have an enrollment
of students who are eligible for a free or
reduced price lunch under such Act that
constitutes not less than 30 percent of the
total student enrollment at such schools (which
may be calculated using comparable data from
the schools that feed into the high school);
and
(C) operate public school facilities that pose a
severe health and safety threat to students and 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; and
(2) may give priority to qualified local educational
agencies that--
(A) will use the grant to improve access to high-
speed broadband sufficient to support digital learning
accordance with section 10931(b);
(B) serve elementary schools or secondary schools,
including rural schools, that lack such access; and
(C) meet one or more of the requirements set forth
in subparagraphs (A) through (C) of paragraph (1).
(d) Application.--To be considered for a grant under this section,
a qualified local educational agency shall submit an application to the
State at such time, in such manner, and containing such information as
the State may require. Such application shall include, at minimum--
(1) the information necessary for the State to make the
determinations under subsections (b) and (c);
(2) a description of the projects that the agency plans to
carry out with the grant;
(3) an explanation of how such projects will reduce risks
to the health and safety of staff and students at schools
served by the agency; and
(4) in the case of a local educational agency that proposes
to fund a repair, renovation, or construction project for a
public charter school, the extent to which--
(A) the public charter school lacks access to
funding for school repair, renovation, and construction
through the financing methods available to other public
schools or local educational agencies in the State; and
(B) the charter school operator owns or has care
and control of the facility that is to be repaired,
renovated, or constructed.
(e) Facilities Master Plan.--
(1) Plan required.--Not later than 180 days after receiving
a grant under this section, a qualified local educational
agency shall submit to the State a comprehensive 10-year
facilities master plan.
(2) Elements.--The facilities master plan required under
paragraph (1) shall include, with respect to all public school
facilities of the qualified local educational agency, a
description of--
(A) the extent to which public school facilities
meet students' educational needs and support the
agency's educational mission and vision;
(B) the physical condition of the public school
facilities;
(C) the current health, safety, and environmental
conditions of the public school facilities, including--
(i) indoor air quality;
(ii) the presence of hazardous and toxic
substances and chemicals;
(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) excessive classroom noise; and
(vi) other health, safety, and
environmental conditions that would impact the
health, safety, and learning ability of
students;
(D) how the local educational agency will address
any conditions identified under subparagraph (C);
(E) 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, as well as the financial implications of
such enrollment levels;
(F) the dollar amount and percentage of funds the
local educational agency will dedicate to capital
construction projects for public school facilities,
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 any funds available to the agency as
the result of a bond issue; and
(G) the dollar amount and percentage of funds the
local educational agency will dedicate to the
maintenance and operation of public school facilities,
including--
(i) any funds in the budget of the agency
that will be dedicated to the maintenance and
operation of such facilities; and
(ii) any funds not in the budget of the
agency that will be dedicated to the
maintenance and operation of such facilities.
(3) Consultation.--In developing the facilities master plan
required under paragraph (1), the qualified local educational
agency shall consult with teachers, principals and other school
leaders, custodial and maintenance staff, emergency first
responders, school facilities directors, students and families,
community residents, and Indian Tribes.
(f) Supplement Not Supplant.--A qualified local educational agency
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. 10914. ANNUAL REPORT ON GRANT PROGRAM.
(a) In General.--Not later than September 30 of each fiscal year
beginning after the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional committees a report on
the projects carried out with funds made available under this part.
(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 local educational agency that
received a grant under this part.
(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;
(C) the projects for which the agency used the
grant received under this part;
(D) the demonstrable or expected benefits of the
projects; and
(E) the estimated number of jobs created by the
projects.
(3) The total dollar amount of all grants received by local
educational agencies under this part.
(c) LEA Information Collection.--A local educational agency that
receives a grant under this part shall--
(1) annually compile the information described in
subsection (b)(2);
(2) make the information available to the public, including
by posting the information on a publicly accessible agency
website; and
(3) submit the information to the State.
(d) State Information Distribution.--A State that receives
information from a local educational agency under subsection (c)
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) make the information available to the public, including
by posting the information on a publicly accessible State
website; and
(3) regularly distribute the information to local
educational agencies and Tribal governments in the State.
SEC. 10915. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $7,000,000,000 for each of
fiscal years 2020 through 2029 to carry out this part.
PART 2--SCHOOL INFRASTRUCTURE BONDS
SEC. 10921. RESTORATION OF CERTAIN QUALIFIED TAX CREDIT BONDS.
(a) Allowance of Credit.--
(1) In general.--Section 54A of the Internal Revenue Code
of 1986, as in effect before repeal by Public Law 115-97, is
restored as if such repeal had not taken effect.
(2) Credit limited to certain bonds.--Section 54A(d)(1) of
such Code, as restored by paragraph (1), is amended by striking
subparagraphs (A), (B), and (C).
(b) Credit Allowed to Issuer.--
(1) In general.--Section 6431 of the Internal Revenue Code
of 1986, as in effect before repeal by Public Law 115-97, is
restored as if such repeal had not taken effect.
(2) School infrastructure bonds.--Section 6431(f)(3) of
such Code, as restored by paragraph (1), is amended by
inserting ``any school infrastructure bond (as defined in
section 54BB) or'' before ``any qualified tax credit bond''.
(c) Qualified Zone Academy Bonds.--
(1) In general.--Section 54E of the Internal Revenue Code
of 1986, as in effect before repeal by Public Law 115-97, is
restored as if such repeal had not taken effect.
(2) Removal of private business contribution requirement.--
Section 54E of the Internal Revenue Code of 1986, as restored
by paragraph (1), is amended--
(A) in subsection (a)(3), by inserting ``and'' at
the end of subparagraph (A), by striking subparagraph
(B), and by redesignating subparagraph (C) as
subparagraph (B);
(B) by striking subsection (b); and
(C) in subsection (c)(1)--
(i) by striking ``and $400,000,0000'' and
inserting ``$400,000,000''; and
(ii) by striking ``and, except as
provided'' and all that follows through the
period at the end and inserting ``, and
$1,400,000,000 for 2020 and each year
thereafter.''.
(3) Construction of a public school facility.--Section
54E(d)(3)(A) of the Internal Revenue Code of 1986, as restored
by paragraph (1), is amended by striking ``rehabilitating or
repairing'' and inserting ``constructing, rehabilitating,
retrofitting, or repairing''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2019.
SEC. 10922. SCHOOL INFRASTRUCTURE BONDS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after subpart I (as restored by section 10921) of part IV of
subchapter A of chapter 1 the following new subpart:
``Subpart J--School Infrastructure Bonds
``Sec. 54BB. School infrastructure bonds.
``SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS.
``(a) In General.--If a taxpayer holds a school infrastructure bond
on one or more interest payment dates of the bond during any taxable
year, there shall be allowed as a credit against the tax imposed by
this chapter for the taxable year an amount equal to the sum of the
credits determined under subsection (b) with respect to such dates.
``(b) Amount of Credit.--The amount of the credit determined under
this subsection with respect to any interest payment date for a school
infrastructure bond is 100 percent of the amount of interest payable by
the issuer with respect to such date.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than subpart C and this subpart).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year
(determined before the application of paragraph (1) for such
succeeding taxable year).
``(d) School Infrastructure Bond.--
``(1) In general.--For purposes of this section, the term
`school infrastructure bond' means any bond issued as part of
an issue if--
``(A) 100 percent of the available project proceeds
of such issue are to be used for the purposes described
in section 10931 of the Rebuild America's Schools Act
of 2020,
``(B) the interest on such obligation would (but
for this section) be excludable from gross income under
section 10913,
``(C) the issue meets the requirements of paragraph
(3), and
``(D) the issuer designates such bond for purposes
of this section.
``(2) Applicable rules.--For purposes of applying paragraph
(1)--
``(A) for purposes of section 149(b), a school
infrastructure bond shall not be treated as federally
guaranteed by reason of the credit allowed under
section 6431(a),
``(B) for purposes of section 148, the yield on a
school infrastructure bond shall be determined without
regard to the credit allowed under subsection (a), and
``(C) a bond shall not be treated as a school
infrastructure bond if the issue price has more than a
de minimis amount (determined under rules similar to
the rules of section 1273(a)(3)) of premium over the
stated principal amount of the bond.
``(3) 6-year expenditure period.--
``(A) In general.--An issue shall be treated as
meeting the requirements of this paragraph if, as of
the date of issuance, the issuer reasonably expects 100
percent of the available project proceeds to be spent
for purposes described in section 10931 of the Rebuild
America's Schools Act of 2020 within the 6-year period
beginning on such date of issuance.
``(B) Failure to spend required amount of bond
proceeds within 6 years.--To the extent that less than
100 percent of the available project proceeds of the
issue are expended at the close of the period described
in subparagraph (A) with respect to such issue, the
issuer shall redeem all of the nonqualified bonds
within 90 days after the end of such period. For
purposes of this paragraph, the amount of the
nonqualified bonds required to be redeemed shall be
determined in the same manner as under section 142.
``(e) Limitation on Amount of Bonds Designated.--The maximum
aggregate face amount of bonds issued during any calendar year which
may be designated under subsection (d) by any issuer shall not exceed
the limitation amount allocated under subsection (g) for such calendar
year to such issuer.
``(f) National Limitation on Amount of Bonds Designated.--The
national qualified school infrastructure bond limitation for each
calendar year is--
``(1) $10,000,000,000 for 2020,
``(2) $10,000,000,000 for 2021, and
``(3) $10,000,000,000 for 2022.
``(g) Allocation of Limitation.--
``(1) Allocations.--
``(A) States.--After application of subparagraph
(B) and paragraph (3)(A), the limitation applicable
under subsection (f) for any calendar year shall be
allocated by the Secretary among the States in
proportion to the respective amounts received by all
local educational agencies in each State under part A
of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) for the previous
fiscal year relative to the total such amount received
by all local educational agencies in for the most
recent fiscal year ending before such calendar year.
``(B) Certain possessions.--One-half of 1 percent
of the amount of the limitation applicable under
subsection (f) for any calendar year shall be allocated
by the Secretary to possessions of the United States
other than Puerto Rico for such calendar year shall be
one-half of 1 percent.
``(2) Allocations to schools.--The limitation amount
allocated to a State or possession under paragraph (1) shall be
allocated by the State educational agency (or such other agency
as is authorized under State law to make such allocation) to
issuers within such State or possession in accordance with the
priorities described in section 10913(c) the of the Rebuild
America's Schools Act of 2020 and the eligibility requirements
described in section 10913(b) of such Act, except that
paragraph (1)(C) of such section shall not apply to the
determination of eligibility for such allocation.
``(3) Allocations for indian schools.--
``(A) In general.--One-half of 1 percent of the
amount of the limitation applicable under subsection
(f) for any calendar year shall be allocated by the
Secretary to the Secretary of the Interior for schools
funded by the Bureau of Indian Affairs for such
calendar year.
``(B) Allocation to schools.--The limitation amount
allocated to the Secretary of the Interior under
paragraph (1) shall be allocated by such Secretary to
issuers or schools funded as described in paragraph
(2). In the case of amounts allocated under the
preceding sentence, Indian tribal governments (as
defined in section 7701(a)(40)) shall be treated as
qualified issuers for purposes of this subchapter.
``(4) Digital learning.--Up to 10 percent of the limitation
amount allocated under paragraph (1) or (3)(A) may be allocated
by the State to issuers within such State to carry out
activities to improve digital learning in accordance with
section 10931(b) of the Rebuild America's Schools Act of 2020.
``(h) Interest Payment Date.--For purposes of this section, the
term `interest payment date' means any date on which the holder of
record of the school infrastructure bond is entitled to a payment of
interest under such bond.
``(i) Special Rules.--
``(1) Interest on school infrastructure bonds includible in
gross income for federal income tax purposes.--For purposes of
this title, interest on any school infrastructure bond shall be
includible in gross income.
``(2) Application of certain rules.--Rules similar to the
rules of subsections (f), (g), (h), and (i) of section 54A
shall apply for purposes of the credit allowed under subsection
(a).''.
(b) Transitional Coordination With State Law.--Except as otherwise
provided by a State after the date of the enactment of this Act, the
interest on any school infrastructure bond (as defined in section 54BB
of the Internal Revenue Code of 1986, as added by this section) and the
amount of any credit determined under such section with respect to such
bond shall be treated for purposes of the income tax laws of such State
as being exempt from Federal income tax.
(c) Application of Certain Labor Standards to Projects Financed
With Certain Tax-Favored Bonds.--
(1) In general.--Subchapter IV of chapter 31 of the title
40, United States Code, shall apply to projects financed with
the proceeds of--
(A) any school infrastructure bond (as defined in
section 54BB of the Internal Revenue Code of 1986); and
(B) any qualified zone academy bond (as defined in
section 54E of the Internal Revenue Code of 1986)
issued after the date of the enactment of the American
Recovery and Reinvestment Tax Act of 2009.
(2) Conforming amendment.--Section 1601 of the American
Recovery and Reinvestment Tax Act of 2009 is amended by
striking paragraph (3) and redesignating paragraphs (4) and (5)
as paragraphs (3) and (4), respectively.
(d) Clerical Amendments.--The table of subparts for part IV of
subchapter A of chapter 1 of such Code is amended by adding at the end
the following:
``subpart j--school infrastructure bonds''.
(e) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2019.
SEC. 10923. ANNUAL REPORT ON BOND PROGRAM.
(a) In General.--Not later than September 30 of each fiscal year
beginning after the date of the enactment of this Act, the Secretary of
the Treasury shall submit to the appropriate congressional committees a
report on the school infrastructure bond program.
(b) Elements.--The report under paragraph (1) shall include, with
respect to the fiscal year preceding the year in which the report is
submitted, the following:
(1) An identification of--
(A) each local educational agency that received
funds from a school infrastructure bond; and
(B) each local educational agency that was eligible
to receive such funds--
(i) but did not receive such funds; or
(ii) received less than the maximum amount
of funds for which the agency was eligible.
(2) With respect to each local educational agency described
in paragraph (1)--
(A) an assessment of the capacity of the agency 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 the
agency to raise funds for construction,
renovation, modernization, and major repair
projects for schools, including the ability of
the agency to raise funds through imposition of
property taxes;
(ii) whether the agency has been able to
issue bonds to fund construction projects,
including--
(I) qualified zone academy bonds
under section 54E of the Internal
Revenue Code of 1986; and
(II) school infrastructure bonds
under section 54BB of the Internal
Revenue Code of 1986; and
(iii) the bond rating of the agency;
(B) 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.);
(C) the population density of the geographic area
served by the agency;
(D) a description of the projects carried out with
funds received from school infrastructure bonds;
(E) a description of the demonstrable or expected
benefits of the projects; and
(F) the estimated number of jobs created by the
projects.
(3) The total dollar amount of all funds received by local
educational agencies from school infrastructure bonds.
(4) Any other factors that the Secretary of the Treasury
determines to be appropriate.
(c) Information Collection.--A State or local educational agency
that receives funds from a school infrastructure bond shall--
(1) annually compile the information necessary for the
Secretary of the Treasury to determine the elements described
in subsection (b); and
(2) report the information to the Secretary of the Treasury
at such time and in such manner as the Secretary of the
Treasury may require.
PART 3--GENERAL PROVISIONS
SEC. 10931. ALLOWABLE USES OF FUNDS.
(a) In General.--Except as provided in section 10932, a local
educational agency that receives covered funds may use such funds to--
(1) develop the facilities master plan required under
section 10913(e);
(2) construct, modernize, renovate, or retrofit public
school facilities, which may include seismic retrofitting for
schools vulnerable to seismic natural disasters;
(3) carry out major repairs of public school facilities;
(4) install furniture or fixtures with at least a 10-year
life in public school facilities;
(5) construct new public school facilities;
(6) acquire and prepare sites on which new public school
facilities will be constructed;
(7) extend the life of basic systems and components of
public school facilities;
(8) reduce current or anticipated overcrowding in public
school facilities;
(9) ensure the building envelopes of public school
facilities protect occupants and interiors from the elements
and are structurally sounds and secure;
(10) improve energy and water efficiency to lower the costs
of energy and water consumption in public school facilities;
(11) improve indoor air quality in public school
facilities;
(12) reduce or eliminate the presence of--
(A) toxins and chemicals, including mercury, radon,
PCBs, lead, and asbestos;
(B) mold and mildew; or
(C) rodents and pests;
(13) ensure 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;
(14) bring public school facilities into compliance with
applicable fire, health, and safety codes;
(15) make public school facilities accessible to people
with disabilities through 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);
(16) provide instructional program space improvements 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);
(17) increase the use of public school facilities for the
purpose of community-based partnerships that provide students
with academic, health, and social services;
(18) ensure the health of students and staff during the
construction or modernization of public school facilities; or
(19) reduce or eliminate excessive classroom noise due to
activities allowable under this section.
(b) Allowance for Digital Learning.--A local educational agency may
use funds received under section 10913(a)(2) or proceeds from a school
infrastructure bond limitation allocated under section 54BB(g) of the
Internal Revenue Code of 1986 (as added by section 10922) to leverage
existing public programs or public-private partnerships to expand
access to high-speed broadband sufficient for digital learning.
SEC. 10932. PROHIBITED USES.
A local educational agency that receives covered funds may 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) central offices, operation centers, or other facilities
that are not primarily used to educate students.
SEC. 10933. GREEN PRACTICES.
(a) In General.--In a given fiscal year, a local educational agency
that uses covered funds for a new construction project or renovation
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 2020, 60 percent;
(2) for fiscal year 2021, 70 percent;
(3) for fiscal year 2022; 80 percent;
(4) for fiscal year 2023, 90 percent; and
(5) for each of fiscal years 2024 through 2029, 100
percent.
SEC. 10934. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED PRODUCTS.
(a) In General.--A 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) applying subsection (a) would be inconsistent
with the public interest;
(B) 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
(C) 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 Regulation) 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. 10935. COMPTROLLER GENERAL REPORT.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the projects carried out with covered funds.
(b) Elements.--The report under subsection (a) shall include an
assessment of--
(1) the types of projects carried out with covered funds;
(2) the geographic distribution of the projects;
(3) an assessment of the impact of the projects on the
health and safety of school staff and students; and
(4) how the Secretary or States could make covered funds
more accessible--
(A) to schools with the highest numbers and
percentages of students counted under section 1124(c)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)); and
(B) to schools with fiscal challenges in raising
capital for school infrastructure projects.
(c) Updates.--The Comptroller General shall update and resubmit the
report to the appropriate congressional committees--
(1) on a date that is between 5 and 6 years after the date
of the enactment of this Act; and
(2) on a date that is between 10 and 11 years after such
date of enactment.
SEC. 10936. STUDY AND REPORT PHYSICAL CONDITION OF PUBLIC SCHOOLS.
(a) Study and Report.--Not less frequently than once in each 5-year
period beginning after the date of the enactment of this Act, the
Secretary, acting through the Director of the Institute of Education
Sciences, shall--
(1) carry out a comprehensive study of the physical
conditions of all public schools in the United States; and
(2) submit a report to the appropriate congressional
committees that includes that results of the study.
(b) Elements.--Each study and report under subsection (a) shall
include an assessment of--
(1) the effect of school facility conditions on student and
staff health and safety;
(2) the effect of school facility conditions on student
academic outcomes;
(3) the condition of school facilities, set forth
separately by geographic region;
(4) the condition of school facilities for economically
disadvantaged students as well as students from major racial
and ethnic subgroups;
(5) the accessibility of school facilities for students and
staff with disabilities; and
(6) an explanation of any differences observed with respect
to the factors described in paragraphs (1) through (5) between
local educational agencies that received covered funds and
agencies that did not receive such funds.
SEC. 10937. DEVELOPMENT OF DATA STANDARDS.
(a) Data Standards.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in consultation with the
officials described in subsection (b), shall--
(1) identify the data that States should collect and
include in the databases developed under section
10912(a)(2)(B);
(2) develop standards for the measurement of such data; and
(3) issue guidance to States concerning the collection and
measurement 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; and
(4) the Director of the National Institute for Occupational
Safety and Health.
SEC. 10938. INFORMATION CLEARINGHOUSE.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall establish a clearinghouse to
disseminate information on Federal programs and financing mechanisms
that may be used to assist schools in initiating, developing, and
financing--
(1) energy efficiency projects;
(2) distributed generation projects; and
(3) energy retrofitting projects.
(b) Elements.--In carrying out subsection (a), the Secretary
shall--
(1) consult with the officials described in section 307(b)
to develop a list of Federal programs and financing mechanisms
to be included in the clearinghouse; and
(2) coordinate with such officials to develop a
collaborative education and outreach effort to streamline
communications and promote the Federal programs and financing
mechanisms included in the clearinghouse, which may include the
development and maintenance of a single online resource that
includes contact information for relevant technical assistance
that may be used by States, local educational agencies, and
schools to effectively access and use such Federal programs and
financing mechanisms.
PART 4--IMPACT AID CONSTRUCTION
SEC. 10941. TEMPORARY INCREASE IN FUNDING FOR IMPACT AID CONSTRUCTION.
Section 7014(d) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7714(d)) is amended to read as follows:
``(d) Construction.--For the purpose of carrying out section 7007,
there are authorized to be appropriated--
``(1) $18,756,765 for fiscal year 2020;
``(2) $50,406,000 for each of fiscal years 2021 and 2022;
and
``(3) $52,756,765 for fiscal year 2023.''.
Subtitle J--Rehabilitation of Historic Schools
SECTION 11101. SHORT TITLE.
This subtitle may be cited as the ``Rehabilitation of Historic
Schools Act of 2020''.
SEC. 11102. QUALIFICATION OF REHABILITATION EXPENDITURES FOR PUBLIC
SCHOOL BUILDINGS FOR REHABILITATION CREDIT.
(a) In General.--Section 47(c)(2)(B)(v) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subclause:
``(III) Clause not to apply to
public schools.--This clause shall not
apply in the case of any building which
is a qualified public educational
facility (as defined in section
142(k)(1), determined without regard to
subparagraph (B) thereof) and used as
such during some period before such
expenditure and used as such
immediately after such expenditure.''.
(b) Report.--Not later than the date which is 5 years after the
date of the enactment of this Act, the Secretary of the Treasury, after
consultation with the heads of appropriate Federal agencies, shall
report to Congress on the effects resulting from the amendment made by
subsection (a).
(c) Effective Date.--The amendment made by this section shall apply
to property placed in service after the date of the enactment of this
Act.
Subtitle K--Today's American Dream
SEC. 11201. JOB SKILLS TRAINING FOR OLDER INDIVIDUALS.
(a) Targeted Pilot Program.--The Secretary of Labor shall establish
a pilot program pursuant to section 169(b) of the Workforce Investment
and Opportunity Act (29 U.S.C. 3224(b)) to provide grants to entities
eligible under such section to provide job skills training to and
specific for older individuals, particularly in the areas of computer
literacy, advanced computer operations, and resume writing.
(b) Definition.--For purposes of the program established under
subsection (a), the term ``older individual'' means an individual who
is older than 45 years of age.
SEC. 11202. EXTENSION OF WORK OPPORTUNITY TAX CREDIT FOR CERTAIN
TARGETED GROUPS.
(a) In General.--Subparagraph (B) of section 51(c)(4) of the
Internal Revenue Code of 1986 is amended by inserting ``(December 31,
in the case of any member of a targeted group described in subparagraph
(B), (C), (E), (F), or (G))'' before the period at the end.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2022.
SEC. 11203. YOUTH AND SUMMER JOBS.
(a) Intern Wage Credit.--
(1) 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. 45S. INTERN WAGE CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible small business employer, the intern wage credit for any
taxable year is an amount equal to 10 percent of the wages paid by the
taxpayer during such taxable year to qualified interns for whom an
election is in effect under this section.
``(b) Limitations.--
``(1) Credit.--The credit allowed under subsection (a) with
respect to any taxpayer for any taxable year shall not exceed
an amount equal to the excess (if any) of--
``(A) $3,000, over
``(B) the credit allowed under subsection (a) with
respect to such taxpayer for all preceding taxable
years.
``(2) Interns.--An election may not be made under this
section with respect to more than 5 qualified interns for any
taxable year.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible small employer.--The term `eligible small
employer' means any person which employed not more than 500
employees during the preceding taxable year. Rules similar to
the rules of section 448(c)(3) shall apply.
``(2) Eligible wages.--The term `eligible wages' means any
remuneration paid by the taxpayer to an individual for services
rendered as an employee.
``(3) Qualified intern.--The term `qualified intern' means
any individual who, during the period for which wages are taken
into account under subsection (a), is--
``(A) enrolled at an eligible educational
institution (as defined in section 25A(f)(2)),
``(B) seeking a degree at such institution in a
field of study closely related to the work performed
for the taxpayer, and
``(C) supervised and evaluated by the taxpayer.
``(4) Controlled group.--All persons treated as a single
employer under subsection (a) or (b) of section 52 shall be
treated as a single employer for purposes of this section.
``(5) Related individuals ineligible.--Rules similar to the
rules of section 51(i)(1) shall apply for purposes of this
section.''.
(2) Conforming amendments.--
(A) Section 38(b) of such Code is amended by
striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the
following new paragraph:
``(37) the intern wage credit under section 45S(a).''.
(B) 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. 45S. Intern wage credit.''.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. 11204. YOUTHBUILD PROGRAM.
Section 171 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3226) is amended by adding at the end the following:
``(j) Carry-over Authority.--Any amounts granted to an entity under
this section for a fiscal year may, at the discretion of the entity,
remain available for expenditure during the succeeding fiscal year to
carry out programs under this section.''.
SEC. 11205. TAX CREDIT FOR PROVIDING PROGRAMS FOR STUDENTS THAT PROMOTE
ECONOMIC AND FINANCIAL LITERACY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits), as amended by this Act, is amended by adding at the end the
following new section:
``SEC. 45T. EXCELLENCE IN ECONOMIC EDUCATION.
``(a) General Rule.--In the case of an eligible for profit
organization, for purposes of section 38, the excellence in economic
education credit determined under this section for a taxable year is 50
percent of the amount paid or incurred during the taxable year to carry
out the purposes specified in section 5533(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) (as such section
was in effect on the day before the date of enactment of the Every
Student Succeeds Act) pursuant to a qualified program.
``(b) Limitation on Number of Credit Recipients.--
``(1) In general.--The excellence in economic education
credit determined under this section for a taxable year may be
allowed to not more than 20 for profit organizations in
accordance with paragraph (2).
``(2) Credit award by secretary.--
``(A) In general.--The Secretary (in consultation
with the Secretary of Education) shall determine which
for profit organizations are allowed the credit under
this section for a taxable year in such manner as the
Secretary determines appropriate.
``(B) Majority of recipients must be mwosbs, owned
by veterans, or meet asset test.--In carrying out
subparagraph (A), the majority of the taxpayers allowed
a credit under paragraph (1) for a taxable year shall
be entities that are--
``(i) either--
``(I) a socially and economically
disadvantaged small business concern
(as defined in section 8(a)(4)(A) of
the Small Business Act (15 U.S.C.
(a)(4)(A))),
``(II) a small business concern
owned and controlled by women (as
defined under section 3(n) of such Act
(15 U.S.C. 632(n))), or
``(III) a small business concern
(as used in section 3 of such Act (15
U.S.C. 632)) that is at least 51
percent owned by veterans (as defined
in section 101(2) of title 38, United
States Code), or
``(ii) on the first day of the taxable year
do not have more than $60,000,000,000 in
assets.
``(C) Priority.--In making determinations under
this paragraph, the Secretary shall give priority to
taxpayers that have qualified programs which serve
either urban or rural underserved areas (determined on
the basis of the most recent United States census data
available).
``(c) Limitations Relating to Expenditures.--
``(1) Direct activity.--Twenty-five percent of the amount
allowed as a credit under subsection (a) shall be for amounts
paid or incurred for direct activities as defined in section
5533(b)(1) of the Elementary and Secondary Education Act of (20
U.S.C. 7267b(b)(1))(as in effect on the day before the date of
enactment of the Every Student Succeeds Act).
``(2) Subgrants.--Seventy-five percent of the amount
allowed as a credit under subsection (a) shall be for amounts
paid or incurred for subgrants (as defined in section
5533(b)(2) of the Elementary and Secondary Education Act of (20
U.S.C. 7267b(b)(1)), as in effect on the day before the date of
enactment of the Every Student Succeeds Act), determined by
treating amounts so paid or incurred as funds made available
through a grant.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified program.--The term `qualified program'
means a program in writing under which an eligible for profit
organization awards one or more grants for the purpose of
carrying out the objectives of promoting economic and financial
literacy, as specified in section 5532 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet
the requirements of section 5533 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7267b), as such
sections are in effect on the day before the date of enactment
of the Every Student Succeeds Act.
``(2) Eligible for profit organization.--The term `eligible
for profit organization' means with respect to a taxable year,
an organization that--
``(A) has a qualified program in effect for the
taxable year, and
``(B) has been determined by the Secretary under
subsection (b)(2) to be an organization to whom the
credit is allowed for the taxable year.
``(3) Determination of assets.--For purposes of paragraph
(2)(B), in determining assets, the Secretary shall use the same
method used by the Board of Governors of the Federal Reserve
System to determine a bank holding company's consolidated
assets under section 165 of the Financial Stability Act of 2010
(12 U.S.C. 5365).
``(4) Election not to claim credit.--This section shall not
apply to a taxpayer for any taxable year if such taxpayer
elects to have this section not apply for such taxable year.
``(5) Coordination with other deductions or credits.--The
amount of any deduction or credit otherwise allowable under
this chapter for any amount taken into account for purposes of
subsection (a) shall be reduced by the credit allowed by this
section.
``(e) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary or appropriate to carry out this
section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code, as amended by this Act, is amended by striking
``plus'' at the end of paragraph (36), by striking the period at the
end of paragraph (37) and inserting ``, plus'', and by adding at the
end the following new paragraph:
``(38) the excellence in economic education credit
determined under section 45T(a).''.
(c) 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. 45T. Excellence in economic education.''.
(d) Report.--
(1) In general.--The Secretary of the Treasury (or the
Secretary's delegate) shall submit a report on--
(A) whether the credit for excellence in economic
education (as enacted by subsection (a) of this
section) has resulted in increased investment in
financial literacy programs; and
(B) recommendations (if any) for improving such
credit to make it more effective.
(2) Submission to congress.--Not later than 5 years after
the date of the enactment of this Act, the Secretary of the
Treasury (or the Secretary's delegate) shall submit the report
required by paragraph (1) to the Secretary of Education, the
Committee on Education and the Workforce, the Committee on
Financial Services, and the Committee on Ways and Means of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Finance of the
Senate.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 11206. TEACHER RECRUITING.
(a) Purpose.--It is the purpose of this section to encourage
individuals educated in science, technology, engineering, and
mathematics to enter and continue in the teaching profession, with the
goal of attracting 10,000 of America's brightest students to the
teaching profession over the next 5 years.
(b) Scholarships.--Title II of the Higher Education Act of 1965 (20
U.S.C. 1021 et seq.) is amended--
(1) by redesignating part C as part E;
(2) by redesignating section 261 as section 281; and
(3) by inserting after part B the following new part:
``PART C--STEM TEACHER SCHOLARSHIPS
``SEC. 261. PROGRAM ESTABLISHED.
``The Secretary shall award scholarships, on a competitive basis
and in accordance with this part, to students who are enrolled in
studies leading to bachelor's degrees, with concurrent certification as
kindergarten, elementary, and secondary school teachers, in science,
technology, engineering, and mathematics, and who have agreed to
perform qualified service.
``SEC. 262. SELECTION OF RECIPIENTS.
``(a) Selection Criteria.--The Secretary shall develop selection
criteria that the Secretary will use to award scholarships, and to
renew those awards, based on established measurements of merit
available to secondary students who wish to pursue degrees in science,
technology, engineering, and mathematics.
``(b) Applications.--Any student desiring to receive a scholarship
under this part shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(c) Duration of Scholarships; Renewal.--Scholarships shall be
awarded for only one academic year of study at a time, and shall be
renewable on an annual basis for the established length of the
recipient's academic program, not to exceed 6 academic years. The
Secretary shall condition the renewal of scholarships on measures of
academic progress and achievement.
``SEC. 263. QUALIFIED SERVICE REQUIREMENT.
``(a) Qualified Service Agreement.--Any student who receives a
scholarship under this part shall enter into an agreement with the
Secretary to complete no less than 5 academic years of qualified
service during a 7-year period, to begin no later than 12 months
following the completion of a bachelor's degree in science, technology,
engineering, or mathematics.
``(b) Requirement Enforced.--The Secretary shall establish such
requirements as the Secretary finds necessary to ensure that recipients
of scholarships under this subsection who complete bachelor's degrees
in science, technology, engineering, and mathematics, with teacher
certification, subsequently perform 5 academic years of qualified
service during a 7-year period, or repay the portion of the scholarship
received for which the recipient did not perform the required qualified
service, as determined by the Secretary. The Secretary shall use any
such repayments to carry out additional activities under this part.
``(c) Definition.--For the purpose of this section, the term
`qualified service' means full-time employment at a public or private
kindergarten, elementary school, or secondary school as a teacher of a
course in a science, technology, engineering, or mathematics field.
``SEC. 264. AWARDS.
``(a) Scholarship Award.--The Secretary shall provide each
recipient with a scholarship in the amount of up to $20,000 to pay for
the cost of attendance of the student for each academic year the
student is eligible to receive the scholarship. The Secretary shall
transfer such funds to the institution of higher education at which the
recipient is enrolled.
``(b) Bonus Award.--
``(1) Option for bonus award.--Any student who receives a
scholarship under this part may elect to enter into a bonus
agreement with the Secretary, in accordance with this
subsection, for any academic year during which the student
receives a scholarship under this part.
``(2) Bonus agreement.--A bonus agreement under paragraph
(1) shall provide that--
``(A) the student shall perform one academic year
of the qualified service agreed to under section 263(a)
in a high-need local educational agency, as defined in
section 200; and
``(B) the Secretary shall provide $10,000, in
addition to the amount the student receives under
subsection (a), for each academic year in which the
student enters into such bonus agreement.
``(3) Service requirement enforced.--The Secretary shall
establish such requirements as the Secretary finds necessary to
ensure that recipients of bonuses under this subsection fulfill
the qualified service requirement in a high-need local
educational agency, as defined in section 200, for a period of
time equivalent to the period for which the recipient receives
the bonus, or repays the portion of the bonus received for
which the recipient did not perform the required qualified
service in a high-need local educational agency, as determined
by the Secretary. The Secretary shall use any such repayments
to carry out additional activities under this subsection.
``(c) Maximum Award.--The maximum award any student may receive
under this section for an academic year shall be the student's cost of
attendance minus any grant aid such student receives from sources other
than this section.
``SEC. 265. REGULATIONS.
``The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this part.''.
(c) Institutional Grants for Integrated Degree Programs.--Title II
of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is further
amended by inserting after part C, as added by subsection (b) of this
section, the following new part:
``PART D--INTEGRATED DEGREE PROGRAMS
``SEC. 271. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
institutions of higher education, on a competitive basis, in order to
pay for the Federal share of the cost of projects to establish,
strengthen, and operate 4-year undergraduate degree programs through
which students may concurrently--
``(1) earn a bachelor's degree in science, technology,
engineering, or mathematics; and
``(2) be certified to teach kindergarten, elementary, or
secondary school.
``(b) Grant Amount; Award Period.--The Secretary may award grants
to no more than 50 institutions of higher education each fiscal year,
and a grant to an institution for a fiscal year shall not exceed
$1,000,000. Grants shall be awarded for only one fiscal year at a time,
and shall be renewable on an annual basis for up to 5 years.
``SEC. 272. SELECTION OF GRANT RECIPIENTS.
``(a) Criteria.--The Secretary shall set criteria to evaluate the
applications for grants under this part and the projects proposed to
establish, strengthen, and operate 4-year integrated undergraduate
degree programs.
``(b) Equitable Distribution of Grants.--To the extent practicable
and consistent with the criteria under subsection (a), the Secretary
shall make grants under this part in such manner as to achieve an
equitable distribution of the grant funds throughout the United States,
considering geographic distribution, rural and urban areas, and range
and type of institutions.
``SEC. 273. APPLICATION REQUIREMENTS.
``In order to receive a grant under this part, an institution of
higher education shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. Such application shall include the following:
``(1) A description of the proposed project.
``(2) A demonstration of--
``(A) the commitment, including the financial
commitment, of the institution for the proposed
project; and
``(B) the active support of the leadership of the
institution for the proposed project.
``(3) A description of how the proposed project will be
continued after Federal funds are no longer awarded under this
part for the project.
``(4) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific project
objectives.
``SEC. 274. MATCHING REQUIREMENT.
``Each institution of higher education receiving a grant under this
part shall provide, from non-Federal sources, an amount equal to the
amount of the grant (in cash or in-kind) to carry out the project
supported by the grant.
``SEC. 275. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for each of the fiscal years 2021 through 2026.''.
SEC. 11207. RECIDIVISM REDUCTION WORKING GROUP.
(a) Establishment.--There is established a working group, which
shall consist of representatives of the heads of the Department of
Justice, the Department of Labor, the Department of Housing and Urban
Development, and the Department of Education. The working group shall
identify and analyze practices to reduce recidivism. The Attorney
General shall chair the group, which shall meet once each month for the
first 3 months after the date of its establishment, and once every 3
months thereafter.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, and 5 years thereafter, the working group established
under subsection (a) shall submit to Congress and to the President a
report which describes the recommendations of the working group for
reducing recidivism.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to the working group for each of fiscal years
through 2025 to carry out this subsection.
SEC. 11208. COMMENDABLE RELEASE PROGRAM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General, in consultation with the
heads of the appropriate agencies, shall establish a program under
which an individual who was convicted of a Federal offense which is
classified as a felony, and who has successfully completed his or her
sentence, may apply to receive benefits under the programs described in
subsection (b). Any individual who has been convicted of a felony for
which the maximum sentence is ten or more years of imprisonment, any
crime of violence (as such term is defined in section 16 of title 18,
United States Code), or any crime of reckless driving or of driving
while intoxicated or under the influence of alcohol or of prohibited
substances if such crime involves personal injury to another.
(b) Programs Described.--The programs described in this subsection
are the following:
(1) Tanf.--Assistance under a State program funded under
part A of title IV of the Social Security Act.
(2) Snap.--The supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.).
(3) Housing.--Any program of the Department of Housing and
Urban Development or the Department of Agriculture providing
housing or assistance for housing, including any program for
dwelling units, rental assistance, grants, loans, subsidies,
mortgage insurance, guarantees, or other financial assistance.
SEC. 11209. INCREASE IN WORK OPPORTUNITY TAX CREDIT FOR HIRING
QUALIFIED EX-FELONS.
(a) In General.--Section 51(b)(3) of the Internal Revenue Code of
is amended by inserting ``or any individual who is a qualified
exfelon'' after ``subsection (d)(3)(A)(ii)(I)''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals who begin work for the employer after the date of
the enactment of this Act, in taxable years ending after such date.
SEC. 11210. ENTREPRENEURSHIP APPRENTICESHIPS.
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.),
is amended by adding the end the following:
``SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $90,000 for each of
fiscal years 2021, 2022, 2023, and 2024.''.
SEC. 11211. EXPANSION OF ELIGIBLE PROGRAMS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
amended--
(1) in section 481(b), by adding at the end the following:
``(5)(A) For purposes of parts D and E, the term `eligible
program' includes a program of not less than 250 clock hours of
instruction, offered during a minimum of 5 weeks of instruction
that leads an industry-recognized credential.
``(B) In this paragraph, the term `industry-recognized
credential' means an industry-recognized credential that--
``(i) is demonstrated to be of high quality by the
institution offering the program in the program
participation agreement under section 487;
``(ii) meets the current, as of the date of the
determination, or projected needs of a local or
regional workforce for recruitment, screening, hiring,
retention, or advancement purposes--
``(I) as determined by the State in which
the program is located, in consultation with
business entities; or
``(II) as demonstrated by the institution
offering the program leading to the credential;
and
``(iii) is, where applicable, endorsed by a
nationally recognized trade association or organization
representing a significant part of the industry or
sector.''; and
(2) in section 487(a), by adding at the end the following:
``(30) In the case of an institution that offers a program
of not less than 250 clock hours of instruction, offered during
a minimum of 5 weeks of instruction that leads an industry-
recognized credential, as provided under section 481(b)(5), the
institution will demonstrate to the Secretary that the
industry-recognized credential is of high quality.''.
Subtitle L--Environmental Health Workforce
SEC. 11301. SHORT TITLE.
This subtitle may be cited as the ``Environmental Health Workforce
Act of 2020''.
SEC. 11302. FINDINGS.
The Congress finds as follows:
(1) The environmental health workforce is vital to
protecting the health and safety of the public.
(2) For years, State and local governmental public health
agencies have reported substantial workforce losses and other
challenges to the environmental health workforce.
(3) According to the Association of State and Territorial
Health Officials (ASTHO) and the National Association of County
and City Health Officials (NACCHO), more than 50,600 State and
local environmental health workforce jobs have been lost since
2008. This represents approximately 22 percent of the total
State and local environmental health workforce.
(4) In the coming years, the retiring Baby Boomer
Generation will lead to a further decrease in the environmental
health workforce.
(5) Currently, only 28 States require a credential for
environmental health workers that is an impartial, third-party
endorsement of an individual's professional knowledge and
experience.
(6) Educating and training existing and new environmental
health professionals should be a national public health goal.
SEC. 11303. MODEL STANDARDS AND GUIDELINES FOR CREDENTIALING
ENVIRONMENTAL HEALTH WORKERS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services, in
coordination with appropriate national professional organizations,
Federal, State, local, and tribal governmental agencies, and private-
sector and nongovernmental entities, shall develop model standards and
guidelines for credentialing environmental health workers.
(b) Provision of Standards and Technical Assistance.--The Secretary
of Health and Human Services shall provide to State, local, and tribal
governments--
(1) the model standards and guidelines developed under
subsection (a); and
(2) technical assistance in credentialing environmental
health workers.
SEC. 11304. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT PLAN.
(a) In General.--To ensure that programs and activities (including
education, training, and payment programs) of the Department of Health
and Human Services for developing the environmental health workforce
meet national needs, the Secretary of Health and Human Services shall
develop a comprehensive and coordinated plan for such programs and
activities that--
(1) includes performance measures to more clearly determine
the extent to which these programs and activities are meeting
the Department's strategic goal of strengthening the
environmental health workforce;
(2) identifies and communicates to stakeholders any gaps
between existing programs and activities and future
environmental health workforce needs identified in workforce
projections of the Health Resources and Services
Administration;
(3) identifies actions needed to address such identified
gaps; and
(4) identifies any additional statutory authority that is
needed by the Department to implement such identified actions.
(b) Submission to Congress.--Not later than 2 years after the date
of enactment of this Act, the Secretary of Health and Human Services
shall submit to the Committee on Health, Education, Labor, and Pensions
of the Senate, and to the Committees on Energy and Commerce and
Education and Labor of the House of Representatives, the plan developed
under subsection (a).
SEC. 11305. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT REPORT.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall examine
and identify best practices in 6 States (as described in subsection
(b)) related to training and credentialing requirements for
environmental health workers 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 a report that
includes information concerning--
(1) types of environmental health workers employed at
State, local, and city health departments and independent
environmental health agencies;
(2) educational backgrounds of environmental health
workers;
(3) whether environmental health workers are credentialed
or registered, and what type of credential or registration each
worker has received;
(4) State requirements for continuing education for
environmental health workers;
(5) whether State, local, and city health departments and
independent environmental health agencies track continuing
education units for their environmental health workers; and
(6) how frequently any exam required to qualify
environmental health workers is updated and reviewed to ensure
that the exam is consistent with current law.
(b) Selection of States.--The report described in subsection (a)
shall be based upon the examination of such best practices with respect
to 3 States that have credentialing requirements for environmental
health workers (such as Maryland, Ohio, and Washington) and 3 States
that do not have such requirements (such as Indiana, Michigan, and
Pennsylvania).
SEC. 11306. PUBLIC SERVICE LOAN FORGIVENESS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended in paragraph (3)(B)--
(1) in clause (i), by striking ``or'' at the end;
(2) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iii) a full-time job as an environmental
health worker (as defined in section 11307 of
the Environmental Health Workforce Act of 2020)
who is accredited, certified, or licensed in
accordance with applicable law.''.
SEC. 11307. DEFINITION.
In this subtitle, the terms ``environmental health worker'' and
``environmental health workforce'' refer to public health workers who
investigate and assess hazardous environmental agents in various
environmental settings and develop, promote, and enforce guidelines,
policies, and interventions to control such hazards.
Subtitle M--21st Century STEM for Girls and Underrepresented Minorities
SEC. 11401. SHORT TITLE.
This subtitle may be cited as the ``21st Century STEM for Girls and
Underrepresented Minorities Act''.
SEC. 11402. GRANTS TO PREPARE GIRLS AND UNDERREPRESENTED MINORITIES.
Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended by adding at the end the following:
``PART G--PREPARING GIRLS AND UNDERREPRESENTED MINORITIES FOR THE 21ST
CENTURY
``SEC. 4701. PROGRAM AUTHORITY.
``(a) In General.--Beginning not later than 90 days after the date
of the enactment of this part, the Secretary shall carry out a program
under which the Secretary makes grants to qualified local educational
agencies, on a competitive basis, to pay the costs of carrying out STEM
education activities for girls and underrepresented minorities as
described in subsection (c).
``(b) Application.--
``(1) In general.--To be eligible to receive a grant under
this part, a qualified local educational agency shall submit to
the Secretary an application at such time, in such form, and
containing such information as the Secretary may reasonably
require. At minimum, the application shall include a
description of the following:
``(A) The educational program that will be carried
out by the local educational agency using the grant,
including the content of the program and the research
and models used to design the program.
``(B) How elementary and secondary schools served
by the agency will collaborate to fulfill goals of the
program.
``(C) How the agency will ensure that there is a
comprehensive plan to improve STEM education for girls
and underrepresented minorities in grades kindergarten
through grade 12.
``(D) The process that will be used for the
recruitment and selection of students for participation
in the program.
``(E) The instructional and motivational activities
that will be included as part of the program.
``(F) Any expected collaboration among local,
regional, or national institutions and organizations
for the purpose of fulfilling the goals of the program.
``(2) Priority.--In selecting among applications, the
Secretary shall give priority to qualified local educational
agencies that partner or coordinate, to the extent practicable,
with local, regional, or national institutions and
organizations that have extensive experience and expertise in--
``(A) increasing the participation of girls or
underrepresented minorities in STEM fields; or
``(B) conducting research on methods to increase
such participation.
``(c) Use of Funds.--A qualified local educational agency that
receives a grant under this part shall use the grant to carry out a
STEM education program for girls and underrepresented minorities from
elementary and secondary schools served by the agency. The program may
include the following activities:
``(1) Preparing girls and underrepresented minorities for
careers in STEM fields and the advantages of pursuing careers
in such fields.
``(2) Educating the parents of girls and underrepresented
minorities about the opportunities and advantages of STEM
careers.
``(3) Enlisting the help of the parents of girls and
underrepresented minorities--
``(A) to overcome the obstacles faced by such
groups; and
``(B) to encourage their child's continued interest
and involvement in STEM subjects.
``(4) Providing tutoring and mentoring programs in STEM
subjects.
``(5) Establishing partnerships and other opportunities
that expose girls and underrepresented minorities to role
models in the STEM fields.
``(6) Enabling female and underrepresented minority
students and their teachers to attend events and academic
programs in STEM subjects.
``(7) Providing after school activities designed to
encourage interest and develop the skills of girls and
underrepresented minorities in STEM subjects.
``(8) Summer programs designed to help girls and
underrepresented minorities--
``(A) develop an interest in STEM subjects;
``(B) develop skills in such subjects; and
``(C) understand the relevance and significance of
such subjects.
``(9) Purchasing--
``(A) educational instructional materials or
software designed to help girls and underrepresented
minorities develop an interest in STEM subjects; or
``(B) equipment, instrumentation, or hardware for
teaching STEM subjects to girls and underrepresented
minorities and encouraging their interest in such
subjects.
``(10) Field trips to locations, including institutions of
higher education, to expose girls and underrepresented
minorities to STEM activities, encourage their interest in such
activities, and acquaint them with careers in STEM fields.
``(11) Providing academic advice and assistance in high
school course selection to encourage girls and underrepresented
minorities to take advanced courses in STEM subjects.
``(12) Paying up to 50 percent of the cost of an internship
in a STEM discipline for female and underrepresented minority
students.
``(13) Providing professional development for teachers and
other school personnel, including with respect to--
``(A) eliminating gender and racial bias in the
classroom;
``(B) sensitivity to gender and racial differences;
``(C) engaging students in the face of gender-based
and racial peer pressure and parental expectations;
``(D) creating and maintaining a positive
environment; and
``(E) encouraging girls and underrepresented
minorities through academic advice and assistance to
pursue advanced classes and careers in STEM fields.
``(14) Such other STEM-related activities as the local
educational agency determines to be appropriate.
``(d) Grant Duration and Amount.--
``(1) Duration.--Each grant under this section shall be
made for a period of 4 years.
``(2) Amount.--The amount of each grant under this section
shall be $250,000 for each year of the grant period.
``(e) Supplement, Not Supplant.--A qualified local educational
agency that receives a grant under this section shall use the grant
only to supplement, and not to supplant, other assistance and funds
made available from non-Federal sources for the activities supported by
the grant.
``(f) Annual Evaluations.--
``(1) Evaluation required.--Not later than 30 days after
last day of each school year for which a qualified local
educational agency receives a grant under this section, the
agency shall submit to the Secretary a written evaluation of
the program carried out using the grant.
``(2) Elements.--The evaluation required under subsection
(a) shall include--
``(A) a description of the program and activities
carried out using the grant;
``(B) a description of the curriculum and any
partnerships developed using the grant;
``(C) the percentage of time that students who
participated in the program spent directly engaged in
STEM activities;
``(D) an assessment of the academic progress made
by such students during the program, which shall be
based on an evaluation of each student at the beginning
of the program and after the student completes the
program; and
``(E) such other information as the Secretary may
require.
``(g) Definitions.--In this section:
``(1) The term `STEM' means science, technology,
engineering, and mathematics.
``(2) The term `qualified local educational agency' means a
local 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.); and
``(B) serves a total student population of which
not less than 40 percent are children 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.).
``SEC. 4702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$10,000,000 for each of fiscal years 2022 through 2025.''.
Subtitle N--Women's Equality Workforce Oversight
SEC. 11501. SHORT TITLE.
This subtitle may be cited as the ``Women's Equality Workforce
Oversight Act'' or the ``WE Work Act''.
SEC. 11502. GAO STUDY.
(a) Study Required.--Not later than 6 months after the date of
enactment of this Act, and every year thereafter, the Comptroller
General of the United States shall conduct a study of Federal agencies
to determine which agencies have the greatest impact on women's
participation in the workforce, and evaluate the impact of these
agencies.
(b) Suggested Agencies.--Such agencies shall include, at a
minimum--
(1) the Department of Labor, specifically the Women's
Bureau at such Department;
(2) the Department of Transportation;
(3) the Small Business Administration, including the Office
of Women's Business Ownership; and
(4) any apprenticeship program that receives funding from a
Federal agency.
SEC. 11503. CONTENTS OF STUDY.
(a) In General.--The study required by section 11502 shall review
and evaluate the following factors, for those agencies that the
Comptroller General has identified as having the greatest impact on
women's participation in the workforce, including the following:
(1) Policies and procedures.--The study shall examine--
(A) each agency's policies and procedures related
to improving women's participation in the workforce,
including efforts related to fair compensation,
benefits, such as paid leave and workplace supports for
pregnancy and families, participation in non-
traditional and higher-paying jobs, enforcement of
workplace rights, and prevention of sexual and other
harassment;
(B) each agency's compliance with its statutory and
regulatory requirements on these matters;
(C) any policy changes in the agency within the
study period, and the reasoning for such changes; and
(D) any procedural changes to the agency's
reporting and participation within the agency.
(2) Impact.--The study shall also examine--
(A) the number of women who received technical
assistance, grants, loans, contracts, and other
services from the agency in each fiscal year, and the
number of such individuals who received these services
in the prior five fiscal years;
(B) the number of organizations who received such
outreach, services, and other engagement with the
agency;
(C) the extent of the agency's outreach and public
education efforts for women, including the publication
of reports and statistics, public announcement of
enforcement actions, and regional outreach engaging
local stakeholders;
(3) Appropriations and staff.--The study shall consider--
(A) any reductions to appropriations and
obligations for each agency and the actual and
projected impact of these reductions; and
(B) any staff reductions in each agency, including
attrition, vacancies, and positions eliminated and the
impact of these changes.
(b) Analysis.--The study shall also include an analysis of the
specific barriers to women's participation in the workforce, including
an assessment of further opportunities to reduce those barriers.
SEC. 11504. REPORT.
A report containing the results of the study and analysis shall be
transmitted annually to the Committees on Oversight and Government
Reform and Education and the Workforce of the House of Representatives
and the Committees on Homeland Security and Government Affairs and
Health, Education, Labor and Pensions of the Senate.
Subtitle O--Jobs Now
SEC. 11601. SHORT TITLE.
This subtitle may be cited as the ``Jobs Now Act of 2020''.
SEC. 2. GRANTS TO UNITS OF GENERAL LOCAL GOVERNMENT.
Subtitle D of title I of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3221 et seq.) is amended by adding after section 172 the
following:
``SEC. 173. PILOT PROGRAM.
``(a) Program Authorized.--Notwithstanding section 181(e), from the
amounts appropriated under subsection (h), the Secretary shall carry
out a 2-year pilot program to award grants, on a competitive basis, to
units of general local government or community-based organizations to
retain, employ, or train employees providing a public service for a
unit of general local government.
``(b) Unit of General Local Government Defined.--For purposes of
this section, the term `unit of general local government' means any
general purpose political subdivision of a State, or the United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the freely associated states of the Republic of the
Marshall Islands, the Federated States of Micronesia, or the Republic
of Palau, that has the power to levy taxes and spend funds, as well as
general corporate and police powers.
``(c) Uses of Funds.--
``(1) Required uses.--
``(A) In general.--Subject to subparagraph (B), a
unit of general local government or community-based
organization shall use not less than 50 percent of the
grant funds received under this section to--
``(i) in the case of a unit, retain
employees of such unit who are providing a
public service for the unit and who would
otherwise be laid off as a consequence of
budget cuts; and
``(ii) in the case of an organization,
retain employees of the organization who are
providing a public service for the unit in
which the organization is located and who would
otherwise be laid off as a consequence of
budget cuts.
``(B) Exception.--In a case in which 50 percent of
a grant amount received under this section would exceed
the amount needed for a unit or organization to retain
the employees described in subparagraph (A), the unit
or organization may use only the amount needed to
retain such employees for such purpose.
``(2) Authorized uses.--After using grant funds received
under this section in accordance with paragraph (1), a unit of
general local government or community-based organization may
use any remaining grant funds provided under this section to--
``(A) in the case of a unit of general local
government--
``(i) employ individuals in new positions
providing a public service for the unit; or
``(ii) train individuals for new public
service positions for the unit; and
``(B) in the case of a community-based
organization--
``(i) employ individuals in new positions
that would provide a public service for the
unit in which the organization is located or
services in the private sector; or
``(ii) train individuals for any such
positions.
``(d) Priority for Certain Individuals.--The Secretary shall
encourage each unit of general local government and each community-
based organization receiving a grant under this section to use such
grant funds to retain, employ, or train--
``(1) veterans;
``(2) individuals with disabilities;
``(3) individuals who are receiving unemployment benefits;
or
``(4) dislocated workers.
``(e) Priority for Certain Units and Organizations.--
``(1) Units.--In awarding grants to units of general local
government under this section, the Secretary shall give
priority to units of general local government with high
unemployment, foreclosure, and poverty rates as compared to
other units of general local government applying to receive a
grant under this section.
``(2) Organizations.--In awarding grants to units of
general local government under this section, the Secretary
shall give priority to community-based organizations located in
units of general local government with high unemployment,
foreclosure, and poverty rates as compared to other units of
general local government applying to receive a grant under this
section.
``(f) Application.--Each unit of general local government or
community-based organization desiring to receive 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.
``(g) Report.--Not later than 2 years after the first appropriation
of funds under subsection (h), the Secretary shall submit to Congress,
a report on--
``(1) the number and percentage of individuals hired or
trained, and the number and percentage of employees of units
retained, as a result of a grant under this section; and
``(2) best practices in carrying out a grant program to
hire, train, or retain employees of units of general local
government.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000,000 to carry out this section for fiscal years
2022 and 2023.''.
Subtitle P--Back to Basics Job Creation
SEC. 11701. SHORT TITLE.
This subtitle may be cited as the ``Back to Basics Job Creation Act
of 2020''.
SEC. 11702. BACK TO BASICS JOB CREATION GRANT PROGRAM.
Subtitle A of title XX of the Social Security Act (42 U.S.C. 1397
et seq.) is amended by adding at the end the following:
``SEC. 2010. BACK TO BASICS JOB CREATION GRANT PROGRAM.
``(a) Grants.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Labor and the Secretary of Commerce, shall make
grants to eligible entities to assist low-income individuals
and individuals who have been unemployed for at least 3 months
in developing self-employment opportunities.
``(2) Timing of grant awards.--Not later than 90 days after
the date of the enactment of this section, the Secretary shall
obligate not less than half of any funds appropriated for
grants under this section.
``(3) Preference.--In awarding grants under this section,
the Secretary shall give preference to eligible entities--
``(A) that serve communities that have experienced
high levels of poverty and unemployment and low levels
of reemployment, as determined by the Secretary using
data reported by the Census Bureau and the Bureau of
Labor Statistics;
``(B) that demonstrate an ability to administer
activities using the grant funds without acquiring new
administrative structures or resources, such as
staffing, technology, evaluation activities, training,
research, and programming; and
``(C) that have established partnerships with other
government agencies, community based organizations,
financial institutions, educational institutions, or
business organizations.
``(b) Use of Funds.--
``(1) In general.--An eligible entity awarded a grant under
this section shall use the grant--
``(A) to provide education and training for
business and financial literacy, certification, small
business plan development, entrepreneurship, and patent
and copyright processes; and
``(B) to provide funding for new small businesses
that pay employees at a living wage.
``(2) Limitations.--An eligible entity awarded a grant
under this section may not use the grant--
``(A) to subsidize private or public employment; or
``(B) for any activity in violation of Federal,
State, or local law.
``(3) Administrative expenses.--An eligible entity awarded
a grant under this section may use not more than 10 percent of
the grant funds for administrative expenses, except that none
of the funds may be used for salaries.
``(4) Deadline on use of grant funds.--An eligible entity
awarded a grant under this section shall expend the grant funds
before December 31, 2022, except that the Secretary may provide
an extension.
``(c) No Effect on Means-Tested Benefits.--For purposes of
determining eligibility and benefit amounts under any means-tested
assistance program, any assistance funded by a grant under this section
shall be disregarded.
``(d) Reporting Requirements.--The Secretary shall submit a report
on the implementation of this section to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate whenever either committee shall so request.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $5,000,000,000 for fiscal
year 2021. The amounts appropriated under this section are authorized
to remain available through December 31, 2022.
``(f) Definitions.--For purposes of this section--
``(1) the term `eligible entity' means a State, an Indian
tribe, or a local government;
``(2) the term `Indian tribe' has the meaning given such
term by section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); and
``(3) the term `means-tested assistance program' means a
benefit program for which eligibility is based on income.''.
Subtitle Q--Veterans Armed for Success
SEC. 11801. SHORT TITLE.
This subtitle may be cited as the ``Veterans Armed for Success
Act''.
SEC. 11802. GRANTS FOR PROVISION OF TRANSITION ASSISTANCE TO MEMBERS OF
THE ARMED FORCES RECENTLY SEPARATED FROM ACTIVE DUTY
SERVICE.
(a) In General.--The Secretary of Veterans Affairs shall make
grants to eligible organizations for the provision of transition
assistance to members of the Armed Forces who are recently retired,
separated, or discharged from the Armed Forces and spouses of such
members.
(b) Use of Funds.--The recipient of a grant under this section
shall use the grant to provide to members of the Armed Forces and
spouses described in subsection (a) resume assistance, interview
training, job recruitment training, and related services leading
directly to successful transition, as determined by the Secretary.
(c) Eligible Organizations.--To be eligible for a grant under this
section, an organization shall submit to the Secretary an application
containing such information and assurances as the Secretary, in
consultation with the Secretary of Labor, may require.
(d) Priority for Hubs of Service.--In making grants under this
section, the Secretary shall give priority to an organization that
provides multiple forms of services described in subsection (b).
(e) Amount of Grant.--A grant under this section shall be in an
amount that does not exceed 50 percent of the amount required by the
organization to provide the services described in subsection (b).
(f) Deadline for Implementation.--The Secretary shall begin
carrying out this section not later than six months after the date of
the enactment of this Act.
(g) Termination.--The authority to provide a grant under this
section shall terminate on the date that is five years after the date
on which the Secretary begins carrying out this section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
Subtitle R--Leveraging and Energizing America's Apprenticeship Programs
SEC. 11901. SHORT TITLE.
This subtitle may be cited as the ``Leveraging and Energizing
America's Apprenticeship Programs Act'' or the ``LEAP Act''.
SEC. 11902. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED
APPRENTICESHIP PROGRAMS.
(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. 45T. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each of the apprenticeship employees of the
employer that exceeds the applicable apprenticeship level (as
determined under subsection (e)) during such taxable year.
``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprenticeship employee for each
taxable year is equal to--
``(1) in the case of an apprenticeship employee who has not
attained 25 years of age at the close of the taxable year,
$1,500, or
``(2) in the case of an apprenticeship employee who has
attained 25 years of age at the close of the taxable year,
$1,000.
``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprenticeship employee.
``(d) Apprenticeship Employee.--For purposes of this section--
``(1) In general.--The term `apprenticeship employee' means
any employee who is--
``(A) a party to an apprenticeship agreement
registered with--
``(i) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(ii) a recognized State apprenticeship
agency, and
``(B) employed by the employer in the occupation
identified in the apprenticeship agreement described in
subparagraph (A), whether or not the employer is a
party to such agreement.
``(2) Minimum completion rate for eligible apprenticeship
programs.--An employee shall not be treated as an
apprenticeship employee unless such apprenticeship agreement is
with an apprenticeship program that, for the two-year period
ending on the date of the apprenticeship begins, has a
completion rate of at least 50 percent.
``(e) Applicable Apprenticeship Level.--
``(1) In general.--For purposes of this section, the
applicable apprenticeship level shall be equal to--
``(A) in the case of any apprenticeship employees
described in subsection (b)(1), the amount equal to 80
percent of the average number of such apprenticeship
employees of the employer for the 3 taxable years
preceding the taxable year for which the credit is
being determined, rounded to the next lower whole
number, and
``(B) in the case of any apprenticeship employees
described in subsection (b)(2), the amount equal to 80
percent of the average number of such apprenticeship
employees of the employer for the 3 taxable years
preceding the taxable year for which the credit is
being determined, rounded to the next lower whole
number.
``(2) First year of new apprenticeship programs.--In the
case of an employer which did not have any apprenticeship
employees during any taxable year in the 3 taxable years
preceding the taxable year for which the credit is being
determined, the applicable apprenticeship level shall be equal
to zero.
``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (31), by striking the period at the end of paragraph (32) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(33) the apprenticeship credit determined under section
45T(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45T(a),'' after ``45S(a),''.
(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. 45T. Employees participating in qualified apprenticeship
programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.
Subtitle S--Opening Doors for Youth
SEC. 12101. SHORT TITLE.
This subtitle may be cited as the ``Opening Doors for Youth Act of
2020''.
SEC. 12102. FINDINGS.
Congress finds the following:
(1) The time between the early teens and mid-twenties
represents a critical developmental period in which individuals
can gain the education and training, entry-level work
experiences, work-readiness skills, and social networks needed
to smoothly transition into the labor market and build towards
future professional success.
(2) Yet, nearly 5 million young people ages 16 to 24 are
out of school and unemployed, leaving them disconnected from
the systems and institutions critical for developing the
building blocks of independence and self-sufficiency.
(3) Communities of color experience the highest rates of
youth disconnection: 25.4 percent of Native American youth,
18.9 percent of Black youth, and 14.3 percent of Latino youth
between the ages of 16 and 24 were disconnected from school and
work in 2015.
(4) Disconnected youth are also three times more likely
than other youth to have a disability, twice as likely to live
below the Federal poverty threshold, and significantly more
likely to live in racially segregated neighborhoods.
Disconnected young women and girls are three times more likely
to have a child, and young people involved in the juvenile
justice system or aging out of the foster care system are at
high risk of disconnection.
(5) Disconnection from school and work can have significant
consequences for youth, including decreased earning power and
fewer future employment opportunities. According to the 2012
report, ``The Economic Value of Opportunity Youth'',
disconnected youth will, on average, earn $392,070 less than
the average worker over their lifetimes.
(6) Failure to successfully connect young people to
employment and educational opportunities also results in a
significant loss in productivity for the overall economy, as
well as increases in government spending. According to a recent
report from Measure of America, in 2013, youth disconnection
resulted in $26.8 billion in public expenditures, including
spending on health care, public assistance, and incarceration.
(7) Disconnected young people, commonly referred to as
``opportunity youth'' because of their tremendous potential,
can add great social and economic value to our communities and
the economy, if given the appropriate supports and resources.
According to the Opportunity Index, an annual measurement of
opportunity in a geographic region, the number of opportunity
youth, along with educational attainment and poverty rates, are
strongly linked to overall opportunity in communities. When
young adults do well, communities do well.
(8) Despite their talent and motivation, many opportunity
youth lack access to the training, education, and entry-level
jobs that can help them gain the work experience and
credentials needed to successfully transition into the labor
market.
(9) Lack of access to entry-level jobs can limit a young
adult's ability to accrue early work experience and demonstrate
productivity and work readiness to potential employers. Labor
market shifts have also limited opportunities for young people
without a high school diploma or with limited postsecondary
credentials.
(10) Summer and year-round youth employment programs that
connect young people with entry-level jobs give youth the work
experience and opportunity for skill development needed to
transition into the labor market and prevent points of
disconnection, such as involvement in the criminal and juvenile
justice systems.
(11) Evidence suggests that summer youth employment
programs may help in-school youth remain connected to the
education system. A 2014 study of the New York City Summer
Youth Employment Program found that after program
participation, youth older than 16 increased their school
attendance by four or five additional days compared to their
previous fall semester attendance. This attendance increase
represented 25 percent of the total days students were
permitted to miss school and still continue on to the next
grade.
(12) Evidence shows that participation in summer youth
employment programs also reduces the rate of violent crimes
arrests. For example, a 2014 study of Chicago's One Summer Plus
program shows that the program reduced violent crime arrests
among at-risk youth by approximately 43 percent, with crime
reduction benefits lasting over a year after the program had
ended. This reduction can have significant impact for young
people, given the impact of a criminal record on future
employment prospects and wages.
(13) Despite its benefits, summer youth employment has
declined by more than 40 percent during the past 12 years, at a
loss of more than 3 million summer jobs for young Americans. A
J.P. Morgan Chase study of 14 major U.S. cities found that
summer youth employment programs were only able to provide
opportunities for 46 percent of applicants in 2014.
(14) According to research by Measure of America, the
overwhelming number of youth disconnected from school and work
come from disconnected communities marked by high adult
unemployment, poverty, and racial segregation, as well as low
levels of adult education attainment. These communities often
lack the resources and supports needed to prevent and reverse
youth disconnection.
(15) Many at-risk or opportunity youth, finding that
traditional pathways to educational attainment or employment
are ill-matched to their individual needs, struggle to remain
connected or reconnect to school and work.
(16) For some youth, individual barriers--such as unstable
housing, lack access to affordable child care or
transportation, or involvement in the juvenile or criminal
justice system--make it difficult to take advantage of existing
employment and education pathways.
(17) According the 2016 report, ``Supportive Services in
Job Training and Education: A Research Review'', studies
suggest that education and training programs that offer
supportive services, such as child care, transportation, and
financial assistance, are associated with improved outcomes.
(18) Community-based preventions and interventions can
address the distinct problems opportunity youth may face in the
local community and provide a connection to the education and
training, re-engagement, and supportive services needed to help
these young people succeed.
(19) Previous Federal grant programs targeting communities
with high rates of poverty have been successful in building
such communities' capacity to improve labor market
participation and education attainment rates for young people.
SEC. 12103. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Labor--
(1) $1,500,000,000 to carry out section 12105;
(2) $2,000,000,000 to carry out section 12106; and
(3) $2,000,000,000 to provide competitive grants in
accordance with section 12107.
SEC. 12104. RESERVATION OF FUNDS FOR ADMINISTRATIVE AND OTHER PURPOSES.
(a) Reservation of Funds.--The Secretary of Labor shall reserve--
(1) not more than 5 percent of amounts available under each
of paragraphs (1) through (3) of section 12103 for the costs of
innovation and learning activities under section 12110;
(2) not more than 5 percent of amounts available under each
of paragraphs (1) through (3) of section 12103 for the costs of
Federal administration of this subtitle; and
(3) not more than 2 percent of amounts available under each
of paragraphs (1) through (3) of section 12103 for the costs of
evaluations conducted under section 12111.
(b) Period of Availability.--The amounts appropriated under this
subtitle shall be available for obligation by the Secretary of Labor
until the date that is 4 years after the date of enactment of this Act.
SEC. 12105. SUMMER EMPLOYMENT OPPORTUNITIES FOR AT-RISK YOUTH.
(a) In General.--Of the amounts available under section 12103(1)
that are not reserved under section 12104, the Secretary of Labor
shall, for the purpose of carrying out summer employment programs under
this section--
(1) make an allotment in accordance with section
127(b)(1)(C)(ii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3162(b)(1)(C)(ii)) to each State that meets the
requirements of section 102 or 103 of such Act (29 U.S.C. 3112,
3113);
(2) reserve not more than one-quarter of 1 percent of such
amounts to provide assistance to the outlying areas; and
(3) reserve not more than 1\1/2\ percent of such amount to,
on a competitive basis, make grants to, or enter into contracts
or cooperative agreements with, Indian tribes, tribal
organizations, Alaska Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations
to carry out the activities described in subsection (d)(2).
(b) Within State Allocations.--
(1) In general.--The Governor of a State, in accordance
with the State plan developed under section 102 or 103 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3112,
3113), shall allocate the amounts that are allotted to the
State under subsection (a)(1) to eligible local areas in
accordance with section 128(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3163(b)(2)(A)) for
the purpose of developing and expanding summer employment
programs under this section.
(2) Supplement not supplant.--Funds made available for
summer youth employment programs under this section shall
supplement and not supplant other State or local public funds
expended for summer youth employment programs or other youth
activities funded under section 129 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3163).
(3) Reallocation among local areas.--The Governor may,
after consultation with the State board, reallocate to eligible
local areas within the State amounts that are made available to
local areas from allocations made under this section and that
are available for reallocation in accordance with section
128(c)(2)-(4) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3163(c)(2)-(4)).
(4) Local reservation.--Of the amounts allocated to a local
area under paragraph (1), not more than 7 percent of such
amounts may be used for the administrative costs, including
costs for participating in regional and national opportunities
for in-person peer learning under section 12110.
(c) Local Plans.--
(1) In general.--The local board of the local area shall
develop and submit, in partnership with the chief elected
official, a 4-year plan. The plan shall be consistent with the
local plan submitted by the local board under section 108 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3123),
as determined by the Governor.
(2) Submission.--The plan shall be submitted to the
Governor at such time and in such manner as the Governor may
reasonably require. A local area may develop and submit to the
Governor a local plan for programs under this section and a
local plan for programs under section 12106 in lieu of
submitting two plans.
(3) Contents.--At a minimum, each plan shall include--
(A) a description of how the local area will use
program funds, in accordance with subsection (d), to
develop or expand summer youth employment programs for
each program year;
(B) a description of how the local area will
recruit eligible youth into the program;
(C) the number of individuals expected to
participate in the summer employment program each
program year;
(D) a description of the services, including
supportive services, that the summer employment program
is expected to provide;
(E) reasonable goals for performance accountability
measures outlined in subsection (i);
(F) an assurance that the summer employment program
will be aligned with the youth services provided under
the Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.);
(G) an assurance that the local area will adhere to
the labor standards outlined in section 12108; and
(H) any other information as the Governor may
reasonably require.
(d) Local Use of Funds.--
(1) Youth participant eligibility.--To be eligible to
participate in activities carried out under this section during
any program year, an individual shall, at the time the
eligibility determination is made, be either an out-of-school
youth or an in-school youth.
(2) Local activities.--
(A) Development activities.--A local area that has,
at the beginning of the program year, no summer youth
employment programs or programs that do not have all
program elements described in paragraph (3)(B) shall
use unreserved allotted funds to--
(i) plan, develop, and carry out activities
described in paragraph (3)(B);
(ii) at the local area's discretion,
develop technology infrastructure, including
data and management systems, to support program
activities;
(iii) conduct outreach to youth
participants and employers; and
(iv) at the local area's discretion, use
not more than 25 percent of allocated program
funds to subsidize not more than 75 percent of
the wages of each youth participant.
(B) Expansion activities.--A local area that has,
at the beginning of the program year, a summer youth
employment program that has all program elements
described in paragraph (3)(B) shall use unreserved
allotted funds to--
(i) increase the number of summer
employment opportunities, including
unsubsidized or partly subsidized opportunities
and opportunities in the private sector;
(ii) conduct outreach to youth participants
and employers;
(iii) use allocated program funds to
subsidize not more than 50 percent of the wages
of each youth participant; and
(iv) at the local area's discretion,
enhance activities described in paragraph
(3)(B).
(3) Local elements.--
(A) Program design.--Programs funded under this
section shall match each youth participant with an
appropriate employer, based on factors including the
needs of the employer and the age, skill, and informed
aspirations of the youth participant, for a high-
quality summer employment opportunity, which may not--
(i) be less than 4 weeks; and
(ii) pay less than the highest of the
Federal, State, or local minimum wage.
(B) Program elements.--Program elements include--
(i) work-readiness training and educational
programs to enhance the summer employment
opportunity;
(ii) coaching and mentoring services for
youth participants to enhance the summer
employment opportunity and encourage program
completion;
(iii) coaching and mentoring services for
employers on how to successfully employ each
youth participant in meaningful work;
(iv) career and college planning services;
(v) high-quality financial literacy
education, including education on the use of
credit and financing higher education, and
access to safe and affordable banking accounts
with consumer protections;
(vi) supportive services, or connection to
existing supportive services, to enable
participation in the program;
(vii) integration of services provided by
the program with existing year-round employment
programs, youth development programs, secondary
school programs, youth services provided under
the Workforce Innovation and Opportunity Act
(29 U.S.C. 3101 et seq.), and skills training
programs funded by the State or Federal
Government;
(viii) referral of at least 30 percent of
participants from or to providers of youth,
adult, vocational rehabilitation services, and
adult education and literacy services under the
Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.) or skills training
programs funded by the State or Federal
Government;
(ix) rigorous evaluation of programs using
research approaches appropriate to programs in
different levels of development and maturity,
including random assignment or quasi-
experimental impact evaluations, implementation
evaluations, pre-experimental studies, and
feasibility studies; and
(x) commitment and support from mayors or
county executives.
(C) Priority.--Priority shall be given to summer
employment opportunities--
(i) in existing or emerging in-demand
industry sectors or occupations; or
(ii) that meet community needs in the
public, private, or nonprofit sector.
(4) In-school youth priority.--For any program year, not
less than 75 percent of the unreserved funds allotted to local
area under this section shall be used to provide summer
employment opportunities for in-school youth.
(e) Reports.--
(1) In general.--For each year that a local area receives
funds under this section, the local area shall submit to the
Secretary of Labor and the Governor a report with--
(A) the number of youth participants in the
program, including the number of in-school and out-of-
school youth;
(B) the number of youth participants who completed
the summer employment opportunity;
(C) the expenditures made from the amounts
allocated under this section, including expenditures
made to provide youth participants with supportive
services;
(D) a description of how the local area has used
program funds to develop or expand summer youth
employment programs, including a description of program
activities and services provided, including supportive
services provided and the number of youth participants
accessing such services;
(E) the source and amount of funding for the wages
of each youth participant;
(F) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection (i)
for the program;
(G) the average number of hours and weeks worked
and the average amount of wages earned by youth
participants in the program;
(H) the percent of youth participants placed in
employment opportunities in the nonprofit, public, and
private sectors; and
(I) any other information that the Secretary of
Labor determines necessary to monitor the effectiveness
of the program.
(2) Disaggregation.--The information required to be
reported pursuant to subparagraphs (A), (B), and (G) of
paragraph (1) shall be disaggregated by race, ethnicity, sex,
age, and subpopulations described in section
129(a)(1)(B)(iii)(I)-(VI) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)-(VI)).
(f) Performance Accountability.--Primary indicators of performance
shall be the performance metrics described in sections
116(b)(2)(A)(i)(V) and 116(b)(2)(A)(ii)(I) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)(V),
3141(b)(2)(A)(ii)(I)) and a work-readiness indicator established by the
Secretary of Labor.
(g) Technical Assistance for Local Area Failure To Meet Local
Performance Accountability Measures.--If a local area fails to meet
performance accountability goals established under local plans for any
program year, the Governor, or, upon request by the Governor, the
Secretary of Labor, shall provide technical assistance, which may
include assistance in the development of a performance improvement
plan.
SEC. 12106. YEAR-ROUND EMPLOYMENT FOR OPPORTUNITY YOUTH.
(a) In General.--Of the amounts available under section 12103(1)
that are not reserved under section 12104, the Secretary of Labor
shall, for the purpose of carrying out year-round employment programs
under this section--
(1) make an allotment in accordance with section
127(b)(1)(C)(ii) of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3162(b)(1)(C)(ii)) to each State that meets the
requirements of section 102 or 103 of such Act (29 U.S.C. 3112,
3113); and
(2) reserve not more than one-quarter of 1 percent of such
amounts to provide assistance to the outlying areas.
(b) Within State Allocations.--
(1) In general.--The Governor of a State, in accordance
with the State plan developed under section 102 or 103 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3112,
3113), shall allocate the amounts that are allotted to the
State under subsection (a)(1) to eligible local areas in
accordance with section 128(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3163(b)(2)(A)) for
the purpose of developing and expanding year-round employment
programs under this section.
(2) Supplement not supplant.--Funds made available for
year-round youth employment programs under this section shall
supplement and not supplant other State or local public funds
expended for year-round youth employment programs or other
youth activities funded under section 129 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3163).
(3) Reallocation among local areas.--The Governor may,
after consultation with the State board, reallocate to eligible
local areas within the State amounts that are made available to
local areas from allocations made under this section and that
are available for reallocation in accordance with section
128(c)(2)-(4) of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3163(c)(2)-(4)).
(4) Local reservation.--Of the amounts allocated to a local
area under paragraph (1), not more than 7 percent of such
amounts may be used for the administrative costs, including
costs for participating regional and national opportunities for
in-person peer learning under section 12110.
(c) Local Plans.--
(1) In general.--The local board of the local area shall
develop and submit, in partnership with the chief elected
official, a 4-year plan. The plan shall be consistent with the
local plan submitted by the local board under section 108 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3123),
as determined by the Governor.
(2) Submission.--The plan shall be submitted to the
Governor at such time and in such manner as the Governor may
reasonably require. A local area may develop and submit to the
Governor a local plan for programs under this section and a
local plan for programs under section 12105 in lieu of
submitting two plans.
(3) Contents.--At a minimum, each plan shall include--
(A) a description of how the local area will use
program funds, in accordance with subsection (d), to
develop or expand year-round youth employment programs
for each program year;
(B) a description of how the local area will
recruit eligible youth into the program;
(C) the number of individuals expected to
participate in the year-round employment program each
program year;
(D) a description of the services, including
supportive services, that the year-round employment
program is expected to provide;
(E) reasonable goals for performance accountability
measures outlined in subsection (i);
(F) an assurance that the year-round employment
program will be aligned with the youth services
provided under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.);
(G) an assurance that the local area will adhere to
the labor standards outlined in section 12108; and
(H) any other information as the Governor may
reasonably require.
(d) Local Use of Funds.--
(1) Youth participant eligibility.--To be eligible to
participate in activities carried out under this section during
any program year, an individual shall, at the time the
eligibility determination is made be an out-of-school youth and
unemployed individual.
(2) Local activities.--
(A) Development activities.--A local area that has,
at the beginning of the program year, no year-round
youth employment programs or programs that do not have
all program elements described in paragraph (3)(B)
shall use unreserved allotted funds to--
(i) plan, develop, and carry out activities
described in paragraph (3)(B);
(ii) at the local area's discretion,
develop technology infrastructure, including
data and management systems, to support program
activities;
(iii) conduct outreach to youth
participants and employers; and
(iv) at the local area's discretion, use
not more than 30 percent of allocated program
funds to subsidize the wages of each youth
participant.
(B) Expansion activities.--A local area that has at
the beginning of the program year, a year-round youth
employment program that has all program elements
described in paragraph (3)(B) shall use unreserved
allotted funds to--
(i) increase the number of year-round
employment opportunities, including
unsubsidized or partly subsidized opportunities
and opportunities in the private sector;
(ii) conduct outreach to youth participants
and employers;
(iii) use allocated program funds to
subsidize wages of each youth participant; and
(iv) at the local area's discretion,
enhance activities described in paragraph
(3)(B).
(3) Local elements.--
(A) Program design.--
(i) In general.--Programs funded under this
section shall match each youth participant with
an appropriate employer, based on factors
including the needs of the employer and the
age, skill, and informed aspirations of the
youth participant, for high-quality year-round
employment, which may not--
(I) be less than 180 days and more
than 1 year;
(II) pay less than the highest of
the Federal, State, or local minimum
wage; and
(III) employ the youth participant
for less than 20 hours per week.
(ii) Employer share of wages.--Programs
funded under this section shall require not
less than 25 percent of the wages of each youth
participant to be paid by the employer, except
this requirement may be waived for not more
than 10 percent of youth participants with
significant barriers to employment.
(B) Program elements.--Program elements include--
(i) work-readiness training and educational
programs to enhance year-round employment;
(ii) coaching and mentoring services for
youth participants to enhance the year-round
employment opportunity and encourage program
completion;
(iii) coaching and mentoring services for
employers on how to successfully employ each
youth participant in meaningful work;
(iv) career and college planning services;
(v) high-quality financial literacy
education, including education on the use of
credit and financing higher education, and
access to safe and affordable banking accounts
with consumer protections;
(vi) supportive services, or connection to
existing supportive services, to enable
participation in the program;
(vii) integration of services provided by
the program with existing youth development
programs, secondary school programs, youth
services provided under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101
et seq.), and skills training programs funded
by the State or Federal Government;
(viii) referral of at least 30 percent of
participants from or to providers of youth,
adult, vocational rehabilitation services, and
adult education and literacy services under the
Workforce Innovation and Opportunity Act (29
U.S.C. 3101 et seq.), or skills training
programs funded by the State or Federal
Government;
(ix) rigorous evaluation of programs using
research approaches appropriate to programs in
different levels of development and maturity,
including random assignment or quasi-
experimental impact evaluations, implementation
evaluations, pre-experimental studies, and
feasibility studies; and
(x) commitment and support from mayors or
county executives.
(C) Priority.--Priority shall be given to year-
round employment opportunities--
(i) in existing or emerging in-demand
industry sectors or occupations; or
(ii) that meet community needs in the
public, private, or nonprofit sector.
(e) Reports.--
(1) In general.--For each year that a local area receives
funds under this section, the local area shall submit to the
Secretary of Labor and the Governor a report with--
(A) the number of youth participants in the
program;
(B) the number of youth participants who completed
the year-round employment opportunity;
(C) the expenditures made from the amounts
allocated under this section, including expenditures
made to provide youth participants with supportive
services;
(D) a description of how the local area has used
program funds to develop or expand year-round youth
employment programs, including a description of program
activities and services provided, including supportive
services provided and the number of youth participants
accessing such services;
(E) the source and amount of funding for the wages
of each youth participant;
(F) information specifying the levels of
performance achieved with respect to the primary
indicators of performance described in subsection (f)
for the program;
(G) the average number of hours and weeks worked
and the average amount of wages earned by youth
participants in the program;
(H) the percent of youth participants placed in
employment opportunities in the nonprofit, public, and
private sectors;
(I) the number of youth participants who are asked
to remain after the end of the year-round employment
and the number of youth participants actually retained
for not less than 90 days; and
(J) any other information that the Secretary of
Labor determines necessary to monitor the effectiveness
of the program.
(2) Disaggregation.--The information required to be
reported pursuant to subparagraphs (A), (B), and (G) of
paragraph (1) shall be disaggregated by race, ethnicity, sex,
age, and subpopulations described in section
129(a)(1)(B)(iii)(I)-(VI) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)-(VI)).
(f) Performance Accountability.--Primary indicators of performance
shall be the performance metrics described in sections
116(b)(2)(A)(i)(III), 116(b)(2)(A)(i)(V), and 116(b)(2)(A)(ii)(I)-(II)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)(III), 3141(b)(2)(A)(i)(V), 3141(b)(2)(A)(ii)(I)-(II))
and a work-readiness indicator established by the Secretary of Labor.
(g) Technical Assistance for Local Area Failure To Meet Local
Performance Accountability Measures.--If a local area fails to meet
performance accountability goals established under local plans for any
program year, the Governor, or upon request by the Governor, the
Secretary of Labor, shall provide technical assistance, which may
include assistance in the development of a performance improvement
plan.
SEC. 12107. CONNECTING-FOR-OPPORTUNITIES COMPETITIVE GRANT PROGRAM.
(a) In General.--Of the amounts available under section 12103(3)
that are not reserved under section 12104, the Secretary of Labor
shall, in consultation with the Secretary of Education, award grants on
a competitive basis to assist local community partnerships in improving
high school graduation and youth employment rates.
(b) Local Community Partnerships.--
(1) Mandatory partners.--A local community partnership
shall include at a minimum--
(A) one unit of general local government;
(B) one local educational agency;
(C) one institution of higher education;
(D) one local workforce development board;
(E) one community-based organization with
experience or expertise in working with youth;
(F) one public agency serving youth under the
jurisdiction of the juvenile justice system or criminal
justice system;
(G) a State or local child welfare agency; and
(H) an agency administering programs under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.).
(2) Optional partners.--A local community partnership may
also include within the partnership--
(A) American Job Centers;
(B) employers or employer associations;
(C) representatives of labor organizations;
(D) programs that receive funding under the
Juvenile Justice and Delinquency Prevention Act (42
U.S.C. 5601 et seq.);
(E) public agencies or community-based
organizations with expertise in providing counseling
services, including trauma-informed and gender-
responsive counseling;
(F) public housing agencies, collaborative
applicants, as defined by the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.), or private
nonprofit organizations that serve homeless youth and
households or foster youth; and
(G) other appropriate State and local agencies.
(c) Application.--A local community partnership desiring a grant
under this section shall submit to the Secretary of Labor an
application at such time, in such manner, and containing such
information as the Secretary may reasonably require. At a minimum, each
application shall include a comprehensive plan that--
(1) demonstrates sufficient need for the grant in the local
population (indicators of need may include high rates of high
school dropouts and youth unemployment and a high percentage or
number of low-income individuals in the local population);
(2) demonstrates the capacity of each local community
partnership to carry out the activities described in subsection
(d);
(3) is consistent with the local plan submitted by the
local board under section 108 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3123), the local plan for career and
technical education programs authorized under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.) (if not part of the Workforce Innovation and
Opportunity Act local plan) and the State plan for programs
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.); and
(4) includes an assurance that the local community
partnership will adhere to the labor standards outlined in
section 12108.
(d) Use of Funds.--A local community partnership receiving a grant
under this section shall use the grant funds--
(1) to target individuals not younger than age 14 or older
than age 24;
(2) to make appropriate use of existing education, child
welfare, social services, and workforce development data
collection systems to facilitate the local community
partnership's ability to target the individuals described in
paragraph (1);
(3) to develop wide-ranging paths to higher education and
employment, including--
(A) using not less than 50 percent of the grant
funds to help individuals described in paragraph (1)
complete their secondary school education through
various alternative means, including through high-
quality, flexible programs that utilize evidence-based
interventions and provide differentiated services (or
pathways) to students returning to education after
exiting secondary school without a regular high school
diploma or who, based on their grade or age, are
significantly off track to accumulate sufficient
academic credits to meet high school graduation
requirements, as established by the State;
(B) creating career pathways focused on paid work-
based learning consisting of on-the-job training and
classroom instruction that will lead to credential
attainment and prioritize connections to registered
apprenticeship programs and pre-apprenticeship
programs;
(C) providing career navigators to provide
individuals described in paragraph (1) with pre-
employment and employment counseling and to assist such
individuals in--
(i) finding and securing employment or
work-based learning opportunities that pay not
less than the highest of the Federal, State, or
local minimum wage;
(ii) identifying and assessing eligibility
for training programs and funding for such
programs;
(iii) completing necessary paperwork; and
(iv) identifying additional services, if
needed;
(D) connecting individuals described in paragraph
(1) with providers of youth services, adult services,
vocational rehabilitation services, and adult education
and literacy services, under the Workforce Innovation
and Opportunity Act (29 U.S.C. 3101 et seq.), career
planning services, and federally and State funded
programs that provide skills training; and
(E) ensuring that such individuals successfully
transition into pre-apprenticeship programs, registered
apprenticeship programs, or programs leading to
recognized postsecondary credentials in in-demand
industry sectors or occupations;
(4) to provide a comprehensive system aimed at preventing
the individuals described in paragraph (1) from disconnecting
from education, training, and employment and aimed at re-
engaging any such individual who has been disconnected by--
(A) providing school-based dropout prevention and
community-based dropout recovery services, including
establishing or improving school district early warning
systems that--
(i) connect such systems to existing data
gathering and reporting systems established
under the Workforce Innovation and Opportunity
Act (29 U.S.C. 3101 et seq.) for the purpose of
identifying the individuals described in
paragraph (1); and
(ii) engage any such identified individual
using targeted, evidence-based interventions to
address the specific needs and issues of the
individual, including chronic absenteeism; and
(B) providing the individuals described in
paragraph (1) with access to re-engagement services for
training programs and employment opportunities and
using providers of youth services under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)
to conduct intake and refer such individuals and their
families to the appropriate re-engagement service; and
(5) to provide a comprehensive system of support for the
individuals described in paragraph (1), including--
(A) connecting such individuals with professionals
who can--
(i) provide case management and counseling
services; and
(ii) assist such individuals in--
(I) developing achievable short-
term goals and long-term goals; and
(II) overcoming any social,
administrative, or financial barrier
that may hinder the achievement of such
goals; and
(B) providing or connecting participants with
available supportive services.
(e) Priority in Awards.--In awarding grants under this section, the
Secretary of Labor shall give priority to applications submitted by
local community partnerships that include a comprehensive plan that--
(1) serves and targets communities with a high percentage
or high numbers of low-income individuals and high rates of
high school dropouts and youth unemployment; and
(2) allows the individuals described in paragraph (1) to
earn academic credit through various means, including high-
quality career and technical education, dual enrollment
programs, or work-based learning.
(f) Geographic Distribution.--The Secretary shall ensure that
consideration is given to geographic distribution (such as urban and
rural areas) in the awarding of grants under section.
(g) Performance Accountability.--For activities funded under this
section, the primary indicators of performance shall include--
(1) the performance metrics described in sections
116(b)(2)(A)(i)(III)-(V) and 116(b)(2)(A)(ii)(I)-(II) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)(i)(III)-(V), 3141 (b)(2)(A)(ii)(I)-(II));
(2) the four-year adjusted cohort graduation rate and the
extended-year adjusted cohort graduation rate in a State that
chooses to use such a graduation rate, as defined in section
8101(25) of the Elementary and Secondary Education Act of 1965,
as amended; and
(3) the rate of attaining a recognized equivalent of a
diploma, such as a general equivalency diploma.
(h) Reports.--For each year that a local community partnership
administers a program under this section, the local community
partnership shall submit to the Secretary of Labor and, if applicable,
the State a report on--
(1) the number of youth participants in the program,
including the number of in-school and out-of-school youth,
disaggregated by race, ethnicity, sex, age, and subpopulations
described in section 129(a)(1)(B)(iii)(I)-(VII) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3164(a)(1)(B)(iii)(I)-(VII));
(2) the expenditures made from the amounts allocated under
this section, including any expenditures made to provide youth
participants with supportive services;
(3) a description of program activities and services
provided, including supportive services provided and the number
of youth participants accessing such services;
(4) information specifying the levels of performance
achieved with respect to the primary indicators of performance
described in subsection (f) for the program, disaggregated by
race, ethnicity, sex, age, and subpopulations described in
section 129(a)(1)(B)(iii)(I)-(VII) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)-(VII));
and
(5) any other information that the Secretary of Labor
determines necessary to monitor the effectiveness of the
program.
SEC. 12108. LABOR STANDARDS.
Activities funded under this subtitle shall be subject to the
requirements and restrictions, including the labor standards, described
in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931)
and the nondiscrimination provisions of section 188 of such Act (29
U.S.C. 2938), in addition to other applicable Federal laws.
SEC. 12109. PRIVACY.
Nothing in this subtitle--
(1) shall be construed to supersede the privacy protections
afforded parents and students under section 444 of the General
Education Provisions Act (20 U.S.C. 1232g); or
(2) shall be construed to permit the development of a
national database of personally identifiable information on
individuals receiving services under this subtitle.
SEC. 12110. INNOVATION AND LEARNING.
Using funds reserved under section 12104, the Secretary shall--
(1) provide technical assistance to ensure providers have
sufficient organizational capacity, staff training, and
expertise to effectively implement programs, described under
this subtitle;
(2) create regional and national opportunities for in-
person peer learning; and
(3) provide on a competitive basis sub-grants to States and
local areas to conduct pilots and demonstrations using emerging
and evidence-based best practices, and models for youth
employment programs and to evaluate such programs using designs
that employ the most rigorous analytical and statistical
methods that are reasonably feasible.
SEC. 12111. EVALUATION AND REPORTS.
(a) Evaluation.--Not earlier than 1 year or later than 2 years
after the end of the award grant period, the Secretary of Labor shall
conduct an evaluation of the programs administered under this subtitle.
(b) Reports to Congress.--The Secretary of Labor shall transmit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate not later than 5 years after the end of the
award grant period, a final report on the results of the evaluation
conducted under subsection (a).
SEC. 12112. DEFINITIONS.
In this subtitle:
(1) ESEA terms.--The terms ``extended-year adjusted cohort
graduation rate'', ``evidence-based'', ``four-year adjusted
cohort graduation rate'', ``local educational agency'', and
``secondary school'' have the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) 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 (20
U.S.C. 1001).
(3) Registered apprenticeship program.--The term
``registered apprenticeship program'' has the meaning given
such term in section 171(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3226(b)).
(4) Other wioa terms.--The terms ``administrative costs'',
``career and technical education'', ``career pathway'',
``career planning'', ``community-based organization'',
``Governor'', ``in-demand industry sector or occupation'',
``in-school youth'', ``local area'', ``local board'', ``low-
income individual'', ``one-stop center'', ``on-the-job
training'', ``outlying area'', ``out-of-school youth'',
``school dropout'', ``State'', ``supportive services'',
``unemployed individual'', and ``unit of general local
government'' have the meanings given such terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Subtitle T--Raise the Wage
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ``Raise the Wage Act''.
SEC. 12202. 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) $8.40 an hour, beginning on the effective
date under section 7 of the Raise the Wage Act;
``(B) $9.50 an hour, beginning 1 year after such
effective date;
``(C) $10.60 an hour, beginning 2 years after such
effective date;
``(D) $11.70 an hour, beginning 3 years after such
effective date;
``(E) $12.80 an hour, beginning 4 years after such
effective date;
``(F) $13.90 an hour, beginning 5 years after such
effective date;
``(G) $15.00 an hour, beginning 6 years after such
effective date; and
``(H) beginning on the date that is 7 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)(H) 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)(H). 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. 12203. 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 12207 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 12205, 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 1 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. 12204. 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 12207 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) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(g)), 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 12203(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 1 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. 12205. 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. 12206. 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 12204(b)(2), is further amended by striking ``or
section 14(c)(1)(A),''.
(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. 12207. 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--
(1) subject to paragraph (2), on the first day of the third
month that begins after the date of enactment of this Act; and
(2) with respect to the Commonwealth of the Northern
Mariana Islands, on the date that is 18 months after the
effective date described in paragraph (1).
SEC. 12208. GAO REPORT ON THE COMMONWEALTH OF THE NORTHERN MARIANA
ISLANDS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General shall submit to the Education and Labor Committee
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report that, with respect to the
Commonwealth of the Northern Mariana Islands--
(1) assesses the status and structure of the economy
(including employment, earnings and wages, and key industries);
and
(2) for each year in which a wage increase will take effect
under subsection (a)(1) or (g)(1) of section 6, section
3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended by
this subtitle, estimates the proportion of employees who will
be directly affected by each such wage increase taking effect
for such year, disaggregated by industry and occupation.
SEC. 12209. GAO REPORT ON WAGE INCREASE IMPACT.
(a) In General.--Not later than 90 days before the date of the
third wage increase to first take effect after the date of enactment of
this Act, the Comptroller General, in consultation with the persons
described in subsection (b), shall prepare and submit to Congress a
report, that--
(1) identifies and analyzes the effects, in the aggregate,
of the first wage increases and second wage increases after
such date of enactment on business enterprises (including small
business enterprises) including the effects, with respect to
such enterprises, on--
(A) the wages and compensation of employees;
(B) the number of employees, disaggregated by full-
time and part-time employees;
(C) the prices, sales, and revenues;
(D) employee turnover and retention;
(E) hiring and training costs; and
(F) productivity and absenteeism;
(2) to the extent practicable, identifies such effects in
isolation from other factors that may affect business
enterprises (including small business enterprises), including--
(A) broader economic conditions;
(B) changes in Federal, State, and local law,
policy, and regulation;
(C) industry consolidation;
(D) natural disasters; and
(E) significant demographic changes;
(3) to the extent practicable, identifies and analyzes such
effects for the Nation as a whole, and, separately, for--
(A) each census division, as designated by the
Bureau of the Census;
(B) each metropolitan statistical area and
nonmetropolitan portion (as such terms are defined by
the Office of Management and Budget with respect to
2013); and
(C) each urbanized area, urbanized cluster, and
rural area, as designated by the Bureau of the Census;
and
(4) describes the methodology used to generate the
information in the report.
(b) Expert Consultation.--The persons described in this subsection
are--
(1) labor economists with expertise in minimum wage and low
wage labor markets;
(2) workers (including agricultural workers), and the labor
organizations and worker groups representing such workers;
(3) representatives of businesses, including small
businesses, agricultural employers, and businesses in the
accommodation and food services sector;
(4) State and local governments; and
(5) the Board of Governors of the Federal Reserve System.
(c) Congressional Assessment and Recommendations.--Not later than
60 days after the date on which Congress receives the report under
subsection (a), Congress shall--
(1) assess the findings of such report; and
(2) make recommendations with respect to actions of
Congress to address the findings of such report, including
actions to delay the next scheduled wage increases.
(d) Wage Increase Defined.--The term ``wage increase'' means an
increase in wages that takes effect under subsection (a)(1) or (g)(1)
of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended by this
subtitle.
Subtitle U--Pay Equity for All
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Pay Equity for All Act of
2020''.
SEC. 12302. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND
BENEFIT HISTORY.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by inserting after section 7 the following new
section:
``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND
BENEFIT HISTORY.
``(a) In General.--It shall be an unlawful practice for an employer
to--
``(1) rely on the wage history of a prospective employee in
considering the prospective employee for employment, including
requiring that a prospective employee's prior wages satisfy
minimum or maximum criteria as a condition of being considered
for employment;
``(2) rely on the wage history of a prospective employee in
determining the wages for such prospective employee, except
that an employer may rely on wage history if it is voluntarily
provided by a prospective employee, after the employer makes an
offer of employment with an offer of compensation to the
prospective employee, to support a wage higher than the wage
offered by the employer;
``(3) seek from a prospective employee or any current or
former employer the wage history of the prospective employee,
except that an employer may seek to confirm prior wage
information only after an offer of employment with compensation
has been made to the prospective employee and the prospective
employee responds to the offer by providing prior wage
information to support a wage higher than that offered by the
employer; or
``(4) discharge or in any other manner retaliate against
any employee or prospective employee because the employee or
prospective employee--
``(A) opposed any act or practice made unlawful by
this section; or
``(B) took an action for which discrimination is
forbidden under section 15(a)(3).
``(b) Definition.--In this section, the term `wage history' means
the wages paid to the prospective employee by the prospective
employee's current employer or previous employer.''.
(b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended
by adding at the end the following new subsection:
``(f)(1) Any person who violates the provisions of section 8
shall--
``(A) be subject to a civil penalty of $5,000 for a first
offense, increased by an additional $1,000 for each subsequent
offense, not to exceed $10,000; and
``(B) be liable to each employee or prospective employee
who was the subject of the violation for special damages not to
exceed $10,000 plus attorneys' fees, and shall be subject to
such injunctive relief as may be appropriate.
``(2) An action to recover the liability described in paragraph
(1)(B) may be maintained against any employer (including a public
agency) in any Federal or State court of competent jurisdiction by any
one or more employees or prospective employees for and on behalf of--
``(A) the employees or prospective employees; and
``(B) other employees or prospective employees similarly
situated.''.
Subtitle V--21st Century Investment
SEC. 12601. SHORT TITLE.
This subtitle may be cited as the ``21st Century Investment Act of
2020''.
SEC. 12602. INCREASE IN RESEARCH CREDIT FOR CONTRACTED RESEARCH WITH
UNITED STATES BUSINESSES.
(a) In General.--Section 41 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(i) Special Rule for Contracted Research With United States
Manufacturing Business.--
``(1) In general.--If the taxpayer elects the application
of this subsection, subsection (a)(1) shall be applied by
substituting `25 percent' for `20 percent' with respect to
qualified United States research expenses.
``(2) Qualified united states research expenses.--For
purposes of this subsection, the term `qualified United States
research expenses' means any amount paid or incurred by the
taxpayer to any person (other than an employee of the taxpayer)
for qualified research, substantially all of which occurs in
the United States.
``(3) Separate application of section.--In the case of any
election of the application of this subsection, this section
shall be applied separately with respect to qualified United
States research expenses.''.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act.
Subtitle W--Protection of Social Security Benefits Restoration
SEC. 12801. SHORT TITLE.
This subtitle may be cited as the ``Protection of Social Security
Benefits Restoration Act''.
SEC. 12802. PROTECTING SOCIAL SECURITY, RAILROAD RETIREMENT, AND BLACK
LUNG BENEFITS FROM ADMINISTRATIVE OFFSET.
(a) Prohibition on Administrative Offset Authority.--
(1) Assignment under social security act.--Section 207 of
the Social Security Act (42 U.S.C. 407) is amended by adding at
the end the following new subsection:
``(d) Subparagraphs (A), (C), and (D) of section 3716(c)(3) of
title 31, United States Code, as such subparagraphs were in effect on
the date before the date of enactment of the Protection of Social
Security Benefits Restoration Act, shall be null and void and of no
effect.''.
(2) Conforming amendments.--
(A) Section 14(a) of the Railroad Retirement Act of
1974 (45 U.S.C. 231m(a)) is amended by adding at the
end the following: ``. The provisions of section 207(d)
of the Social Security Act shall apply with respect to
this title to the same extent as they apply in the case
of title II of such Act.''.
(B) Section 2(e) of the Railroad Unemployment
Insurance Act (45 U.S.C. 352(e)) is amended by adding
at the end the following: ``The provisions of section
207(d) of the Social Security Act shall apply with
respect to this title to the same extent as they apply
in the case of title II of such Act.''
(b) Repeal of Administrative Offset Authority.--
(1) In general.--Paragraph (3) of section 3716(c) of title
31, United States Code, is amended--
(A) by striking ``(3)(A)(i) Notwithstanding'' and
all that follows through ``any overpayment under such
program).'';
(B) by striking subparagraphs (C) and (D); and
(C) by redesignating subparagraph (B) as paragraph
(3).
(2) Conforming amendment.--Paragraph (5) of such section is
amended by striking ``the Commissioner of Social Security
and''.
(c) Effective Date.--The amendments made by this section shall
apply to any collection by administrative offset occurring on or after
the date of enactment of this Act of a claim arising before, on, or
after the date of enactment of this Act.
Subtitle X--Federal Jobs Guarantee Development
SEC. 12901. SHORT TITLE.
This subtitle may be cited as the ``Federal Jobs Guarantee
Development Act of 2020''.
SEC. 12902. JOB GUARANTEE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) is a political subdivision of a State, Tribal
entity, or a combination of contiguous political
subdivisions or Tribal entities;
(B) has an unemployment rate that is not less than
150 percent of the national unemployment rate, as
determined by the Bureau of Labor Statistics (except in
the case of Tribal entities which may submit their own
employment data where no such Federal data is available
for such entities) based on the most recent data
available at the time the Secretary solicits
applications for grants under this section; and
(C) submits an application in accordance with
subsection (d).
(2) Job guarantee program.--The term ``job guarantee
program'' means a program that meets the requirements of
subsection (c).
(3) Rural area.--The term ``rural area'' means an area that
is located outside of an urban area.
(4) Tribal entity.--The term ``Tribal entity'' means an
Indian tribe or tribal organization as such terms are defined
in section 4 of the Indian Self-Determination Act (25 U.S.C.
5304).
(5) Urban area.--The term ``urban area'' means an urbanized
area (a region of 50,000 or more residents) and an urbanized
cluster (and area encompassing between 2,500 and 50,000
residents), according to the Census Bureau's urban-rural
classification in the 2010 census.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) WIOA definitions.--The terms ``adult education and
literacy activities'', ``career planning'', ``individual with a
barrier to employment'', ``in-demand industry sector or
occupation'', ``local board'', ``recognized postsecondary
credential'', ``State board'', ``supportive services'', and
``workplace learning advisor'' have the meanings given such
terms in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
(b) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to provide competitive grants to eligible entities to
establish programs to ensure that any individual within the
area served by the entity who applies for a job through the
program will be provided with employment as provided for in
this section.
(2) Termination.--Federal funding for a job guarantee
program established under a grant under this section shall
terminate on the earlier of--
(A) the end of the 3-year period beginning on the
date of the grant; or
(B) the date of any revocation of the grantee as an
eligible entity.
(c) Job Guarantee Programs.--A job guarantee program meets the
requirements of this subsection if the jobs provided under such
program--
(1) are available to all individuals who--
(A) are 18 years of age or older; and
(B) reside in the area served under the program at
the time the area became an eligible entity;
except that participants in the program may be disciplined,
released, or suspended from further participation in jobs under
this program if they are found to be negligent, or generally
disruptive to the workplace involved under procedures
established by the Secretary that provide for an opportunity
for a review of such determinations;
(2) are, with respect to individual participants, included
as part of an established bargaining unit and covered by any
applicable collective bargaining agreement in effect if
similarly situated employees are part of such unit and
represented by an exclusive bargaining representative;
(3) are available for the duration of the pilot program;
(4) provide a wage of not less than the greater of--
(A) the hourly wage provided for under the
provisions of S. 150 (116th Congress), if enacted, or
the hourly wage otherwise required to be paid to
employees in area to be served under the pilot program,
whichever is greater;
(B) the prevailing wage in the area involved for a
similar job as required by chapter 67 of title 41,
United States Code, and other related laws; or
(C) the applicable wage under an applicable
collective bargaining agreement as provided for under
paragraph (2);
(5) provide for coverage of the worker under a health
insurance program that is comparable to that offered to Federal
employees under the Federal Employee Health Benefits Program;
and
(6) provide at a minimum--
(A) paid family leave consistent with the
provisions of S. 463 (116th Congress) and applicable
State law; and
(B) paid sick leave consistent with the provision
of S. 840 (116th Congress) and applicable State law.
(d) Other Uses.--Funds may be used to provide workers in a job
guarantee program with--
(1) supportive services, which can include transportation,
child care, dependent care, housing, and needs-related
payments, that are necessary to enable an individual to
participate in activities authorized under this subtitle;
(2) access to a workplace learning advisor to support the
education, skill development, job training, career panning, and
credentials required to progress toward career goals of such
employees in order to meet employer requirements related to job
openings and career advancements that support economic self-
sufficiency;
(3) adult education and literacy activities, including
those provided by public libraries;
(4) activities that assist justice involved individuals,
formerly incarcerated individuals, and individuals with
criminal records in reentering the workforce; and
(5) financial literacy activities including those described
in section 129(b)(2)(D) of the Workforce Innovation and
Opportunity Act.
(e) Applications.--An eligible entity seeking 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. Such application shall include--
(1) a description of the geographic area and population
that the entity intends to serve under the job guarantee
program established under the grant, including the area
unemployment rate, underemployment rate, unemployment rate for
individuals with disabilities, poverty rate, housing vacancy
rate, crime rate, household income, home-ownership rate, labor
force participation rate, and educational attainment;
(2) to extent practicable, a description of the jobs that
will be offered under the job guarantee program, including--
(A) a description of supports provided to
individuals with disabilities and accommodations
required under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
(B) a description of supports and procedures to
ensure job access and opportunities for individuals
with criminal records, including information on
physical and programmatic accessibility, in accordance
with section 188 of the Workforce Innovation and
Opportunity Act, if applicable, and the Americans with
Disabilities Act of 1990, for individuals with
disabilities;
(3) the need in the area for jobs to be performed,
including for jobs designated as a high-skill, high-wage or in-
demand industry sector or occupation by the Secretary, State
board, or local board;
(4) a description of State, local, or philanthropic
funding, including through coordination and in-kind or non-
financial support, if any, that will be provided to assist in
carrying out the job guarantee program;
(5) an assurance that the eligible entity will establish--
(A) a public internet website, in conjunction with
the Secretary, to post all available jobs under the job
guarantee program; and
(B) a process for individuals to apply for such
jobs;
(6) a comprehensive plan to describe how the funding under
the program will leverage existing or anticipated local, State,
and Federal funding;
(7) an assurance that necessary administrative data systems
and information technology infrastructure are available, or
will be available, to provide for full participation in the
evaluation under subsection (k);
(8) a description of how the eligible entity will comply
with the requirements described in subsection (c)(6);
(9) an assurance that the entity will enter into an
allocation agreement with the Secretary under subsection
(j)(2)(A); and
(10) an assurance that energy and infrastructure jobs
provided under the program will not exacerbate the impacts of
climate change.
(f) Selection.--The Secretary, after reviewing applications from
eligible entities, shall award grants under this section to not more
than 15 such eligible entities. In awarding such grants, the Secretary
shall consider diversity in geographic location, urban-rural
composition, and political entity, including the representation of
Tribal entities.
(g) Amount of Grant.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a separate account to be known as
the ``Job Guarantee Program Trust Fund'' (referred to in this
section as the ``Fund''), consisting of--
(A) amounts deposited in the Fund under subsection
(l); and
(B) any interest earned on investment of amounts in
the Fund.
(2) Use of amounts.--The Secretary shall use amounts in the
Fund to make payments to grantees under grants under this
section in accordance with paragraph (3).
(3) Payments.--
(A) In general.--The Secretary shall determine the
annual amount of a grant under this section based on a
formula to be developed by the Secretary.
(B) Payments.--The Secretary shall make payments to
grantees under this section in a manner determined
appropriate by the Secretary. The Secretary shall not
make subsequent payments to a grantee after the initial
payment until the grantee certifies to the Secretary
that the grantee has expended, transferred, or
obligated not less than 80 percent of the most recent
payment made under this subsection.
(h) Limitations.--An eligible entity may not use amounts received
under a grant under this section to--
(1) employ individuals who will replace, or lead to the
displacement of, existing employees, positions, or individuals
who would otherwise perform similar employment, or disrupt
existing contracts and collective bargaining agreements, as
defined in section 181(b) of the Workforce Innovation and
Opportunity Act (Public Law 113-128);
(2) perform functions otherwise prohibited by Federal,
State, or local laws; and
(3) carry out other prohibited activities, as determined by
the Secretary.
(i) Federal Provision of Jobs in Pilot Sites.--
(1) Guidance.--Not later than 30 days after the date on
which the Secretary awards the first grant under this section,
the Secretary shall--
(A) provide guidance to the heads of appropriate
Federal agencies to notify such agencies of job
guarantee programs established under such grants; and
(B) request that such agencies notify the
Secretary, within 30 days of the date on which the
guidance is received under paragraph (1), of the number
and types of jobs that such agency would make available
through each of the programs.
(2) Application of provisions.--The requirements of
subsection (c) relating to wages and benefits provided to
participants in jobs provided under job guarantee programs, and
the limitations in subsection (h), shall apply to Federal
agencies and jobs provided under this subsection, except that a
Federal agency shall employ each individual under this
subsection for up to three years.
(3) Listing of jobs on website.--The Secretary shall
establish procedures to ensure that jobs identified under
paragraph (1)(B) are listed on the appropriate public internet
website as provided for under subsection (e)(5)(A).
(4) Reimbursement.--At the end of each fiscal year, the
Secretary shall transfer from the Fund to each Federal agency
that employs individuals under a job guarantee program under
this section, an amount necessary to reimburse such agency for
the full cost of employing each such individual during such
fiscal year.
(j) Training.--
(1) In general.--The Secretary shall develop procedures to
support up to 8 weeks of paid training (through privately or
publicly funded training programs, such as those provided by
the public workforce system) to participants in order to
perform duties required by job guarantee programs under this
section, including a new period of training, not to exceed 8
weeks, prior to commencing any new job under the program.
(2) Specific populations.--With respect to certain
populations with barriers to employment (as defined in section
3(24) of the Workforce Innovation and Opportunity Act (Public
Law 113-128)), the 8-week training period may include specific
job-related training and counseling and other general skills
training to prepare such individuals to reenter the workforce.
(k) Priorities and Audits.--
(1) Priorities.--Prior to awarding the initial grants under
this section, the Secretary shall issue a list of national job
priorities relating to jobs that may be carried out under job
guarantee programs, that shall include child care, care for
seniors and individuals with disabilities, clean energy jobs,
and sustainable infrastructure activities. The Secretary shall
take State board and local board suggestions into consideration
when issuing such list.
(2) Audits.--
(A) In general.--The Secretary, acting through the
Inspector General of the Department of Labor, shall
carry out annual audits of the use of grant funds
provided to eligible entities under this section.
(B) Allocation agreements and misuse of funds.--
(i) Allocation agreements.--An eligible
entity shall enter into an allocation agreement
with the Secretary that shall provide that the
Secretary shall recoup any amounts paid to the
entity under a grant under this section if the
results of an audit under subparagraph (A)
include a finding that there was an intentional
or reckless misuse of such funds by such
entity.
(ii) Loss of eligibility.--An eligible
entity that is determined to have falsified or
otherwise misstated data in any report
submitted to the Secretary with the intent to
deceive or mislead the Secretary shall be
ineligible to receive additional funds under
this section.
(l) Reports.--Not later than 90 days after the end of each calendar
year for which an eligible entity obligates or expends any amounts made
available under a grant under this section, the eligible entity shall
submit to the Secretary a report that--
(1) specifies the amount of grant funds obligated or
expended for the preceding fiscal year;
(2) specifies any purposes for which the funds were
obligated or expended; and
(3) includes any other information that the Secretary may
require to more effectively administer the grant program under
this section, including 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)), with the
performance data disaggregated by race, ethnicity, sex, age,
and membership in a population specified in section 3(24) of
such Act (29 U.S.C. 3102(24)).
(m) Evaluation.--The Chief Evaluation Officer at the Department of
Labor shall provide for the conduct of an evaluation of the pilot
program, using a rigorous design and evaluation methods to assess the
implementation of the programs and their impact on--
(1) overall employment, public-sector employment, and
private-sector employment;
(2) private sector employment, wages, and benefits;
(3) poverty rate;
(4) public assistance spending and other Federal spending
in the area served by the program;
(5) child health and educational outcomes;
(6) health and well-being of those with mental, emotional,
and behavioral health needs;
(7) incarceration rates;
(8) the environment, including air quality and water
quality;
(9) the indicators of performance as described in
subsection (l)(3); and
(10) other economic development and individual outcome
indicators, as determined by the Secretary.
(n) Expansion of Work Opportunity Credit To Include Participants in
Job Guarantee Programs.--
(1) In general.--Subsection (d) of section 51 of the
Internal Revenue Code of 1986 is amended--
(A) in paragraph (1)--
(i) in subparagraph (I), by striking ``or''
at the end;
(ii) in subparagraph (J), by striking the
period at the end and inserting ``, or''; and
(iii) by adding at the end the following
new subparagraph:
``(K) a qualified participant in a job guarantee
program.''; and
(B) by adding at the end the following new
paragraph:
``(16) Qualified participant in a job guarantee program.--
The term `qualified participant in a job guarantee program'
means any individual who is certified by the designated local
agency as having participated in a job guarantee program under
section 2 of the Federal Jobs Guarantee Development Act of 2020
for not less than 3 months during the 6-month period ending on
the hiring date.''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals who begin work for the employer
after December 31, 2019.
(o) Appropriations.--From funds in the Treasury not otherwise
appropriated, there are appropriated to the Secretary such sums as may
be necessary to carry out this section.
Subtitle Y--Blue Collar to Green Collar Jobs Development
SEC. 13101. SHORT TITLE.
This subtitle may be cited as the ``Blue Collar to Green Collar
Jobs Development Act of 2020''.
PART 1--OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT
SEC. 13111. NAME OF OFFICE.
(a) In General.--Section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141) is amended--
(1) in the section heading, by striking ``minority economic
impact'' and inserting ``economic impact, diversity, and
employment''; and
(2) in subsection (a), by striking ``Office of Minority
Economic Impact'' and inserting ``Office of Economic Impact,
Diversity, and Employment''.
(b) Conforming Amendment.--The table of contents for the Department
of Energy Organization Act is amended by amending the item relating to
section 211 to read as follows:
``Sec. 211. Office of Economic Impact, Diversity, and Employment.''.
SEC. 13112. ENERGY WORKFORCE DEVELOPMENT PROGRAMS.
Section 211 of the Department of Energy Organization Act (42 U.S.C.
7141) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following:
``(f) The Secretary, acting through the Director, shall establish
and carry out the programs described in sections 13121 and 13122 of the
Blue Collar to Green Collar Jobs Development Act of 2020.''.
SEC. 13113. AUTHORIZATION.
Subsection (h) of section 211 of the Department of Energy
Organization Act (42 U.S.C. 7141), as redesignated by section 13112 of
this subtitle, is amended by striking ``not to exceed $3,000,000 for
fiscal year 1979, not to exceed $5,000,000 for fiscal year 1980, and
not to exceed $6,000,000 for fiscal year 1981. Of the amounts so
appropriated each fiscal year, not less than 50 percent shall be
available for purposes of financial assistance under subsection (e).''
and inserting ``$100,000,000 for each of fiscal years 2021 through
2024.''.
PART 2--ENERGY WORKFORCE DEVELOPMENT
SEC. 13121. ENERGY WORKFORCE DEVELOPMENT.
(a) In General.--Subject to the availability of appropriations, the
Secretary, acting through the Director of the Office of Economic
Impact, Diversity, and Employment, shall establish and carry out a
comprehensive, nationwide program to improve education and training for
jobs in energy-related industries, including manufacturing,
engineering, construction, and retrofitting jobs in such energy-related
industries, in order to increase the number of skilled workers trained
to work in such energy-related industries, including by--
(1) encouraging underrepresented groups, including
religious and ethnic minorities, women, veterans, individuals
with disabilities, unemployed energy workers, and
socioeconomically disadvantaged individuals to enter into the
science, technology, engineering, and mathematics (in this
section referred to as ``STEM'') fields;
(2) encouraging the Nation's educational institutions to
equip students with the skills, mentorships, training, and
technical expertise necessary to fill the employment
opportunities vital to managing and operating the Nation's
energy-related industries;
(3) providing students and other candidates for employment
with the necessary skills and certifications for skilled,
semiskilled, and highly skilled jobs in such energy-related
industries;
(4) strengthening and more fully engaging Department of
Energy programs and laboratories in carrying out the
Department's Minorities in Energy Initiative; and
(5) to the greatest extent possible, collaborating with and
supporting existing State workforce development programs to
maximize program efficiency.
(b) Priority.--In carrying out the program established under
subsection (a), the Secretary shall prioritize the education and
training of underrepresented groups for jobs in energy-related
industries.
(c) Direct Assistance.--In carrying out the program established
under subsection (a), the Secretary shall provide direct assistance
(including financial assistance awards, technical expertise, and
internships) to educational institutions, local workforce development
boards, State workforce development boards, nonprofit organizations,
labor organizations, and apprenticeship programs. The Secretary shall
distribute such direct assistance in a manner proportional to the needs
of, and demand for jobs in, energy-related industries, consistent with
information obtained under subsections (e)(3) and (i).
(d) Clearinghouse.--In carrying out the program established under
subsection (a), the Secretary shall establish a clearinghouse to--
(1) maintain and update information and resources on
training programs for jobs in energy-related industries,
including manufacturing, engineering, construction, and
retrofitting jobs in such energy-related industries; and
(2) act as a resource for educational institutions, local
workforce development boards, State workforce development
boards, nonprofit organizations, labor organizations, and
apprenticeship programs that would like to develop and
implement training programs for such jobs.
(e) Collaboration and Report.--In carrying out the program
established under subsection (a), the Secretary--
(1) shall collaborate with educational institutions, local
workforce development boards, State workforce development
boards, nonprofit organizations, labor organizations,
apprenticeship programs, and energy-related industries;
(2) shall encourage and foster collaboration, mentorships,
and partnerships among industry, local workforce development
boards, State workforce development boards, nonprofit
organizations, labor organizations, and apprenticeship programs
that currently provide effective training programs for jobs in
energy-related industries and educational institutions that
seek to establish these types of programs in order to share
best practices and approaches that best suit local, State, and
national needs; and
(3) shall collaborate with the Bureau of Labor Statistics,
the Department of Commerce, the Bureau of the Census, and
energy-related industries to--
(A) develop a comprehensive and detailed
understanding of the workforce needs of such energy-
related industries, and job opportunities in such
energy-related industries, by State and by region; and
(B) publish an annual report on job creation in the
energy-related industries described in subsection
(i)(2).
(f) Guidelines for Educational Institutions.--
(1) In general.--In carrying out the program established
under subsection (a), the Secretary, in collaboration with the
Secretary of Education, the Secretary of Commerce, the
Secretary of Labor, and the National Science Foundation, shall
develop voluntary guidelines or best practices for educational
institutions to help provide graduates with the skills
necessary for jobs in energy-related industries, including
manufacturing, engineering, construction, and retrofitting jobs
in such energy-related industries.
(2) Input.--The Secretary shall solicit input from energy-
related industries in developing guidelines or best practices
under paragraph (1).
(3) Energy efficiency and conservation initiatives.--The
guidelines or best practices developed under paragraph (1)
shall include grade-specific guidelines for teaching energy
efficiency technology, manufacturing efficiency technology,
community energy resiliency, and conservation initiatives to
educate students and families.
(4) STEM education.--The guidelines or best practices
developed under paragraph (1) shall promote STEM education in
educational institutions as it relates to job opportunities in
energy-related industries.
(g) Outreach to Minority-Serving Institutions.--In carrying out the
program established under subsection (a), the Secretary shall--
(1) give special consideration to increasing outreach to
minority-serving institutions;
(2) make resources available to minority-serving
institutions with the objective of increasing the number of
skilled minorities and women trained for jobs in energy-related
industries, including manufacturing, engineering, construction,
and retrofitting jobs in such energy-related industries;
(3) encourage energy-related industries to improve the
opportunities for students of minority-serving institutions to
participate in industry internships and cooperative work-study
programs; and
(4) partner with the Department of Energy laboratories to
increase underrepresented groups' participation in internships,
fellowships, traineeships, and employment at all Department of
Energy laboratories.
(h) Outreach to Displaced and Unemployed Energy Workers.--In
carrying out the program established under subsection (a), the
Secretary shall--
(1) give special consideration to increasing outreach to
employers and job trainers preparing displaced and unemployed
energy workers for emerging jobs in energy-related industries,
including manufacturing, engineering, construction, and
retrofitting jobs in such energy-related industries;
(2) make resources available to institutions serving
displaced and unemployed energy workers with the objective of
increasing the number of individuals trained for jobs in
energy-related industries, including manufacturing,
engineering, construction, and retrofitting jobs in such
energy-related industries; and
(3) encourage energy-related industries to improve
opportunities for displaced and unemployed energy workers to
participate in industry internships and cooperative work-study
programs.
(i) Guidelines To Develop Skills for an Energy Industry
Workforce.--In carrying out the program established under subsection
(a), the Secretary shall, in collaboration with energy-related
industries--
(1) identify the areas with the greatest demand for workers
in each such industry; and
(2) develop guidelines for the skills necessary for work in
the following energy-related industries:
(A) Energy efficiency industry, including work in
energy efficiency, conservation, weatherization,
retrofitting, or as inspectors or auditors.
(B) Renewable energy industry, including work in
the development, engineering, manufacturing, and
production of renewable energy from renewable energy
sources (such as solar, hydropower, wind, or geothermal
energy).
(C) Community energy resiliency industry, including
work in the installation of rooftop solar, in battery
storage, and in microgrid technologies.
(D) Fuel cell and hydrogen energy industry.
(E) Manufacturing industry, including work as
operations technicians, in operations and design in
additive manufacturing, 3-D printing, and advanced
composites and advanced aluminum and other metal
alloys, industrial energy efficiency management
systems, including power electronics, and other
innovative technologies.
(F) Chemical manufacturing industry, including work
in construction (such as welders, pipefitters, and tool
and die makers) or as instrument and electrical
technicians, machinists, chemical process operators,
engineers, quality and safety professionals, and
reliability engineers.
(G) Utility industry, including work in the
generation, transmission, and distribution of
electricity and natural gas, such as utility
technicians, operators, lineworkers, engineers,
scientists, and information technology specialists.
(H) Alternative fuels industry, including work in
biofuel development and production.
(I) Pipeline industry, including work in pipeline
construction and maintenance or work as engineers or
technical advisors.
(J) Nuclear industry, including work as scientists,
engineers, technicians, mathematicians, or security
personnel.
(K) Oil and gas industry, including work as
scientists, engineers, technicians, mathematicians,
petrochemical engineers, or geologists.
(L) Coal industry, including work as coal miners,
engineers, developers and manufacturers of state-of-
the-art coal facilities, technology vendors, coal
transportation workers and operators, or mining
equipment vendors.
(j) Enrollment in Training and Apprenticeship Programs.--In
carrying out the program established under subsection (a), the
Secretary shall work with industry, local workforce development boards,
State workforce development boards, nonprofit organizations, labor
organizations, and apprenticeship programs to help identify students
and other candidates, including from underrepresented communities such
as minorities, women, and veterans, to enroll into training and
apprenticeship programs for jobs in energy-related industries.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2021 through 2025.
SEC. 13122. ENERGY WORKFORCE GRANT PROGRAM.
(a) Program.--
(1) Establishment.--Subject to the availability of
appropriations, the Secretary, acting through the Director of
the Office of Economic Impact, Diversity, and Employment, shall
establish and carry out a program to provide grants to eligible
businesses to pay the wages of new and existing employees
during the time period that such employees are receiving
training to work in the renewable energy sector, energy
efficiency sector, or grid modernization sector.
(2) Guidelines.--Not later than 60 days after the date of
enactment of this Act, the Secretary, in consultation with
stakeholders, contractors, and organizations that work to
advance existing residential energy efficiency, shall establish
guidelines to identify training that is eligible for purposes
of the program established pursuant to paragraph (1).
(b) Eligibility.--To be eligible to receive a grant under the
program established under subsection (a) or a business or labor
management organization that is directly involved with energy
efficiency or renewable energy technology, or working on behalf of any
such business, shall provide services related to--
(1) renewable electric energy generation, including solar,
wind, geothermal, hydropower, and other renewable electric
energy generation technologies;
(2) energy efficiency, including energy-efficient lighting,
heating, ventilation, and air conditioning, air source heat
pumps, advanced building materials, insulation and air sealing,
and other high-efficiency products and services, including
auditing and inspection;
(3) grid modernization or energy storage, including smart
grid, microgrid and other distributed energy solutions, demand
response management, and home energy management technology; or
(4) fuel cell and hybrid fuel cell generation.
(c) Use of Grants.--An eligible business with--
(1) 20 or fewer employees may use a grant provided under
the program established under subsection (a) to pay up to--
(A) 45 percent of an employee's wages for the
duration of the training, if the training is provided
by the eligible business; and
(B) 90 percent of an employee's wages for the
duration of the training, if the training is provided
by an entity other than the eligible business;
(2) 21 to 99 employees may use a grant provided under the
program established under subsection (a) to pay up to--
(A) 37.5 percent of an employee's wages for the
duration of the training, if the training is provided
by the eligible business; and
(B) 75 percent of an employee's wages for the
duration of the training, if the training is provided
by an entity other than the eligible business; and
(3) 100 employees or more may use a grant provided under
the program established under subsection (a) to pay up to--
(A) 25 percent of an employee's wages for the
duration of the training, if the training is provided
by the eligible business; and
(B) 50 percent of an employee's wages for the
duration of the training, if the training is provided
by an entity other than the eligible business.
(d) Priority for Targeted Communities.--In providing grants under
the program established under subsection (a), the Secretary shall give
priority to eligible businesses that--
(1) recruit employees--
(A) from the communities that the businesses serve;
and
(B) that are minorities, women, persons who are or
were foster children, persons who are transitioning
from fossil energy sector jobs, or veterans; and
(2) provide trainees with the opportunity to obtain real-
world experience.
(e) Limit.--An eligible business may not receive more than $100,000
under the program established under subsection (a) per fiscal year.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $70,000,000 for each of fiscal
years 2021 through 2025.
SEC. 13123. DEFINITIONS.
In this subtitle:
(1) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered 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.).
(2) Educational institution.--The term ``educational
institution'' means an elementary school, secondary school, or
institution of higher education.
(3) Elementary school and secondary school.--The terms
``elementary school'' and ``secondary school'' have the
meanings given such terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Energy-related industry.--The term ``energy-related
industry'' includes each of the energy efficiency, renewable
energy, chemical manufacturing, utility, alternative fuels,
pipeline, nuclear energy, oil, gas, and coal industries.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(6) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
(7) Local workforce development board.--The term ``local
workforce development board'' means a local board, as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
(8) Minority-serving institution.--The term ``minority-
serving institution'' means an institution of higher education
that is of one of the following:
(A) Hispanic-serving institution (as defined in
section 502(a)(5) of the Higher Education Act of 1965
(20 U.S.C. 1101a(a)(5))).
(B) Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))).
(C) Alaska Native-serving institution (as defined
in section 317(b) of the Higher Education Act of 1965
(20 U.S.C. 1059d(b))).
(D) Native Hawaiian-serving institution (as defined
in section 317(b) of the Higher Education Act of 1965
(20 U.S.C. 1059d(b))).
(E) Predominantly Black Institution (as defined in
section 318(b) of the Higher Education Act of 1965 (20
U.S.C. 1059e(b))).
(F) Native American-serving nontribal institution
(as defined in section 319(b) of the Higher Education
Act of 1965 (20 U.S.C. 1059f(b))).
(G) Asian American and Native American Pacific
Islander-serving institution (as defined in section
320(b) of the Higher Education Act of 1965 (20 U.S.C.
1059g(b))).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) State workforce development board.--The term ``State
workforce development board'' means a State board, as defined
in section 3 of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102).
Subtitle Z--Workforce Development Tax Credit
SEC. 13201. SHORT TITLE.
This subtitle may be cited as the ``Workforce Development Tax
Credit Act of 2020''.
SEC. 13202. CREDIT FOR WAGES PAID TO EMPLOYEES PARTICIPATING IN
QUALIFIED APPRENTICESHIP PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45S. WAGES PAID TO EMPLOYEES PARTICIPATING IN QUALIFIED
APPRENTICESHIP PROGRAMS.
``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is the sum
of--
``(1) the apprenticeship period credit, and
``(2) the post-apprenticeship credit.
``(b) Apprenticeship Period Credit.--For purposes of subsection
(a)--
``(1) In general.--The apprenticeship period credit for the
taxable year is 50 percent of the wages paid for services
rendered during the taxable year to each apprenticeship
employee but only if such wages are paid for services rendered
during a qualified training year of such employee (whether or
not such employee is an employee of the taxpayer as of the
close of such taxable year).
``(2) Limitation on wages per year taken into account.--The
amount of wages which may be taken into account under paragraph
(1) with respect to any apprenticeship employee for each
qualified training year shall not exceed $2,000.
``(c) Post-Apprenticeship Credit.--For purposes of subsection (a)--
``(1) In general.--The post-apprenticeship credit for the
taxable year is 40 percent of the wages paid for services
rendered during the taxable year to each employee who has
successfully completed a qualified training program of the
employer, but only if--
``(A) such wages are paid by such employer for
services rendered--
``(i) during the 2-year period which begins
on the day after the employee's completion of
such program, and
``(ii) during the qualified employment
period of such employee, and
``(B) the employee is performing such services in a
position which utilizes skills acquired in the
qualified training program.
``(2) Limitation on wages taken into account.--The amount
of wages which may be taken into account under paragraph (1)
with respect to any apprenticeship employee shall not exceed
$6,000.
``(3) Recapture for failure of employee to serve at least 1
year after completion of apprenticeship.--The Secretary shall,
by regulations, provide for recapturing the amount of any post-
apprenticeship credit allowed under subsection (a) with respect
to any individual who is employed by the employer for less than
1 year after the individual completed such program.
``(d) Definitions.--For purposes of this section--
``(1) Wages.--The term `wages' has the meaning given to
such term by section 51(c), determined without regard to
paragraph (4) thereof.
``(2) Apprenticeship employee.--The term `apprenticeship
employee' means any employee who is employed by the employer
pursuant to an apprentice agreement registered with--
``(A) the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor, or
``(B) a recognized State apprenticeship agency, as
determined by the Office of Apprenticeship of the
Employment and Training Administration of the
Department of Labor.
``(3) Qualified training year.--
``(A) In general.--The term `qualified training
year' means each year during the training period in
which--
``(i) the employee is employed by the
employer for at least 25 hours per week during
28 consecutive weeks of such year, and
``(ii) the employee completes at least 8
credit hours of classroom work under a
qualified training program for each semester of
such program ending during such year.
``(B) Qualified training program.--The term
`qualified training program' means any training program
undertaken pursuant to the agreement referred to in
paragraph (2).
``(C) Training period.--The term `training period'
means, with respect to an employee, the period--
``(i) beginning on the date that the
employee begins employment with the taxpayer as
an apprentice under a qualified training
program, and
``(ii) ending on the earlier of--
``(I) the date that such
apprenticeship with the employer ends,
or
``(II) the date which is 2 years
after the date referred to in clause
(i).
``(4) Qualified employment period.--The term `qualified
employment period' means the period--
``(A) beginning on the date that the employee
begins employment with the taxpayer after the
employee's completion of a qualified training program
of the taxpayer, and
``(B) ending on the earlier of--
``(i) the date that such employment ends,
or
``(ii) the date which is 1 year after the
date referred to in subparagraph (A).
``(e) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(f) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(37) the apprenticeship credit determined under section
45S(a).''.
(c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45S(a),'' after ``45P(a),''.
(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. 45S. Wages paid to employees participating in qualified
apprenticeship programs.''.
(e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.
Subtitle AA--Expanding Access to the Workforce Through Dual Enrollment
SEC. 13501. SHORT TITLE.
This subtitle may be cited as the ``Expanding Access to the
Workforce Through Dual Enrollment Act of 2020''.
SEC. 13502. GRANT PROGRAM.
(a) In General.--From the amounts appropriated under subsection
(h), the Secretary of Education shall provide grants to eligible
entities for the purposes of establishing, expanding, or supporting
dual or concurrent enrollment programs offering career and technical
education.
(b) Amounts.--The total grant amount made to an eligible entity
under this section may not exceed $1,000,000.
(c) Use of Grants.--
(1) Required use of grants.--An eligible entity that
receives a grant under this section shall use such grant for a
program described in subsection (a) that carries out the
following requirements:
(A) A State that is a partner in such eligible
entity shall establish a policy to ensure that any
postsecondary credits earned though the program will be
recognized throughout the system of public higher
education of the State in which such program is
located.
(B) Each local educational entity that is a partner
in such eligible entity--
(i) shall prioritize establishing,
expanding, or supporting such program at
secondary schools--
(I) serving students not less than
50 percent of whom are eligible for the
free or reduced-price lunch under the
Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.);
(II) whose most recent four-year
adjusted cohort graduation rate is
below the national four-year adjusted
cohort graduation rate, as determined
by the Secretary using the most recent
data submitted to the National Center
of Education Statistics for the
calculation of such national rate; and
(III) whose most recent immediate
college enrollment rate is below the
national immediate college enrollment
rate, as determined by the National
Center of Education Statistics; and
(ii) shall prioritize selecting students
for the program who are from a family whose
taxable income for the proceeding year did not
exceed 90 percent of the amount equal to the
median income for a family of the size involved
within the State as determined by the Bureau of
the Census.
(C) Each public institution of higher education
that is a partner in such eligible entity shall provide
such program--
(i) assistance with curriculum development;
(ii) access to faculty for the instruction
of courses;
(iii) access to facilities on the campus of
such institution of higher education, including
for the purpose of instructing courses; and
(iv) access to advisors from such
institution of higher education for the
purposes of advising students enrolled in such
program.
(D)(i) Each private sector entity that is a partner
in such eligible entity shall provide such program with
at least two of the forms of assistance described in
clause (ii), which shall include at least one of the
forms of assistance described in subclause (I), (III),
or (IV) of such clause.
(ii) The forms of assistance described in this
clause are as follows:
(I) Internships approved by the Secretary
or registered apprenticeship programs for
students enrolled in such program.
(II) Funds in an amount equal to not less
than 10 percent of the total costs of
administering such program.
(III) Assistance with curriculum
development.
(IV) Mentoring for students enrolled in
such program.
(V) Individuals employed by the private
sector entity for the instruction of courses.
(VI) Equipment and facilities for the
purposes of on-site instruction.
(2) Authorized use of grants.--An eligible entity that
receives a grant under this section may use--
(A) not more than 50 percent of the grant to--
(i) cover expenses, including tuition costs
and textbook fees, incurred by students
enrolled in the program established, expanded,
or supported with the grant; and
(ii) offer courses for credit or not-for-
credit to supplement such program to--
(I) improve the financial literacy
of students; and
(II) teach skills, including resume
and interviewing skills, that will
prepare students for postsecondary
career and technical education;
(B) not less than 10 percent and not more than 30
percent of the grant to train or hire educators; and
(C) not more than 20 percent of the grant to pay
for the cost of transporting (including by school bus,
private transportation company, or public transit)
students enrolled in the program to the public
institution of higher education or private sector
entity that is a partner in the eligible entity to
receive instruction through a course offered under such
program.
(d) Application Requirements.--An eligible entity seeking 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
determines, which shall include an assurance that each partner in the
eligible entity will comply with the requirements of subsection (c)(1).
(e) Supplement, Not Supplant.--Federal funds made available under
this section shall be used so as to supplement the level of Federal,
State, and local public funds that, in the absence of such
availability, would have been expended for dual enrollment programs and
in no case to supplant such Federal, State, and local public funds.
(f) Financial Aid and Enrollment Status.--
(1) Financial aid.--A student's participation in a program
funded under this section shall not be taken into account in
determining the need or eligibility of the student for
assistance under the Higher Education Act of 1965 (20 U.S.C.
1000 et seq.).
(2) Enrollment status.--A student enrolled in such program
shall not be considered a first-time student of any institution
of higher education without regard to postsecondary credits
earned under the program.
(g) Report.--
(1) In general.--An eligible entity that receives a grant
under this section shall submit to the Secretary a report on--
(A) the activities supported by the grant;
(B) the number of students participating in the
activities supported by the grant;
(C) any progress made in achieving the goals of the
program supported by the grant; and
(D) such other information as the Secretary
determines to be appropriate.
(2) Timeline for submission of report.--The report under
paragraph (1) shall be submitted to the Secretary not later
than 180 days after the date on which the eligible entity
concludes the activities supported by the grant under this
section.
(h) Authorization of Appropriations.--There are authorized to be
appropriated $150,000,000 for each of the fiscal years 2021 through
2025.
SEC. 13503. DEFINITIONS.
In this subtitle:
(1) Career and technical education.--The term ``career and
technical education'' has the meaning given the term in section
3 of the Carl D. Perkins Career and Technical Education Act (20
U.S.C. 2302).
(2) Dual or concurrent enrollment program.--The term ``dual
or concurrent enrollment program'' has the meaning given the
term in section 8101 of the Elementary and Secondary Education
Act (20 U.S.C. 7801), except that the postsecondary courses of
such program shall offer career and technical education.
(3) Eligible entity.--The term ``eligible entity'' means a
partnership among the following:
(A) A State.
(B) One or more local educational agencies.
(C) One or more public institutions of higher
education.
(D) One or more private sector entities.
(4) First generation college student.--The term ``first
generation college student'' has the meaning given the term in
section 402A(h)(3) of the Higher Education Act of 1965 (20
U.S.C. 1070a-11(h)(3)).
(5) Four-year adjusted cohort graduation rate.--The term
``four-year adjusted cohort graduation rate'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(6) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(7) Immediate college enrollment rate.--The term
``immediate college enrollment rate'' means the percentage of
individuals ages 16 to 24--
(A) who graduate from high school or complete a
graduate educational development test prior to October
of a calendar year; and
(B) who enroll in a two- or four-year institution
of higher education in the fall of such calendar year.
(8) Institution of higher education.--The term
``institution of high education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act (20 U.S.C. 7801).
(10) Mentoring.--The term ``mentoring'' means a structured,
managed program in which children are appropriately matched
with screened and trained adult volunteers for one-on-one
relationships, involving meetings and activities on a regular
basis, intended to meet, in part, the child's need for
involvement with a caring and supportive adult who provides a
positive role model.
(11) Private sector entity.--The term ``private sector
entity'' means an entity owned, controlled, and managed by a
private individual or enterprise, including a for-profit
business, nonprofit organization, charity, or labor
organization.
(12) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
registered 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.).
(13) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(14) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
Subtitle BB--Investing in Tomorrow's Workforce
SEC. 13601. SHORT TITLE.
This subtitle may be cited as the ``Investing in Tomorrow's
Workforce Act of 2020''.
SEC. 13602. TAX CREDIT FOR INCREASING WORKER TRAINING.
(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. 45T. CREDIT FOR INCREASING WORKER TRAINING.
``(a) In General.--For purposes of section 38, the worker training
credit determined under this section for a taxable year is an amount
equal to the sum of--
``(1) 40 percent of the excess (if any) of--
``(A) the high-demand occupation training expenses
for such taxable year, over
``(B) the average of the high-demand occupation
training expenses for the 3 taxable years preceding
such taxable year, plus
``(2) 20 percent of the excess (if any) of--
``(A) the low-demand occupation training expenses
for such taxable year, over
``(B) the average of the low-demand occupation
training expenses for the 3 taxable years preceding
such taxable year.
``(b) Definitions.--For purposes of this section--
``(1) High-demand occupation training expense.--The term
`high-demand occupation training expense' means, for a taxable
year, any qualified training expense for programming required
for, or designed to lead to employment in, an occupation that
the Secretary of Labor has determined is expected to experience
not fewer than 20 percent occupational openings for the 10-year
period beginning with calendar year beginning in such taxable
year.
``(2) Low-demand occupation training expense.--The term
`low-demand occupation training expense' means any qualified
training expense for programming required for, or designed to
lead to employment in, an occupation other than an occupation
described in paragraph (1).
``(3) Qualified training expense.--
``(A) In general.--The term `qualified training
expense' means amounts paid or incurred by an employer
for a qualified training program for non-highly
compensated employees.
``(B) Exclusion.--The term `qualified training
expense' shall not include any amounts paid for meals,
lodging, transportation, or other services.
``(4) Qualified training program.--
``(A) In general.--The term `qualified training
program' means any of the following:
``(i) An apprenticeship program registered
under section 1 of the Act of August 16, 1937
(commonly known as the `National Apprenticeship
Act'; 29 U.S.C. 50 et seq.).
``(ii) A program to obtain a recognized
postsecondary credential (as such term is
defined in section 3(52) of the Workforce
Innovation and Opportunity Act).
``(iii) A program eligible to receive funds
under the Carl D. Perkins Career and Technical
Education Act of 2006.
``(iv) Any other program designated by the
Secretary of Labor or the Secretary of
Education for purposes of this section.
``(5) Non-highly compensated employee.--The term `non-
highly compensated employee' means, with respect to a taxable
year, an employee--
``(A) who is a full-time employee (as such term in
defined in section 4980H(c)(4)), and
``(B) whose compensation does not exceed $82,000
for such taxable year.''.
(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 (31),
by striking the period at the end of paragraph (32) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(33) the worker training credit determined under section
45T.''.
(c) 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. 45T. Credit for increasing worker training.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
Subtitle CC--Direct Loans to Small Business Concerns
SEC. 13701. DIRECT LOANS TO SMALL BUSINESS CONCERNS.
(a) In General.--From amounts appropriated pursuant to subsection
(e), the Administrator of the Small Business Administration shall
establish a program to make direct loans to small business concerns (as
defined under section 3 of the Small Business Act (15 U.S.C. 632)).
(b) Amount.--Loans made under this section shall be in an amount
not greater than the lesser of--
(1) 5 percent of the annual revenue of the small business
concern requesting the loan; or
(2) $250,000.
(c) Interest Rate.--The interest rate on a loan made under this
section shall be equal to the discount window primary credit interest
rate most recently published on the Federal Reserve Statistical Release
on selected interest rates (daily or weekly), commonly referred to as
the H.15 release.
(d) Report.--The Administrator of the Small Business Administration
shall submit a report to Congress on the implementation and results of
the program established under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2021 to 2025.
Subtitle DD--Pilot Program to Fund Local Incubators
SEC. 13801. PILOT PROGRAM TO FUND LOCAL INCUBATORS.
(a) Establishment.--The Secretary of Commerce shall establish a
competitive program to make grants to States and political subdivisions
of States to partner with local incubators in order to provide start-
ups with workspace and other resources for use in developing their
businesses.
(b) Eligibility.--The Secretary may only award a grant under this
section to a State or political subdivision of a State that submits an
application at such time, in such form, and with such information and
assurances as the Secretary may require, including an identification of
one or more incubators with which the State or political subdivision
will partner in implementing the grant.
(c) Limitations.--
(1) One grant per state or political subdivision.--A State
or political subdivision of a State may not receive more than
one grant under this section. For purposes of the preceding
sentence, a grant received by a State shall not be considered
to be received by a political subdivision of the State, and a
grant received by a political subdivision of a State shall not
be considered to be received by the State.
(2) Amount of grant.--A grant awarded under this section
may not exceed $500,000.
(d) Use of Funds.--
(1) In general.--A State or political subdivision of a
State that receives a grant under this section shall use grant
funds to partner with one or more incubators located within the
territory of such State or political subdivision in order to
provide start-ups with workspace and other resources for use in
developing their businesses. The partnership may take such form
as the Secretary considers appropriate, including one or more
subgrants from the State or political subdivision to the
incubator or incubators.
(2) Specific expenses included.--Grant funds may be used
for any expense incurred in order to provide start-ups with
workspace and other resources for use in developing their
businesses, including--
(A) purchase or rental of land;
(B) modification of buildings;
(C) charges for utility services or broadband
service;
(D) fees of consultants for the provision of
technical or professional assistance;
(E) costs of promoting the incubator or incubators;
and
(F) any other such expense that the Secretary
considers appropriate.
(e) Matching Requirement.--A State or political subdivision of a
State may not partner with an incubator (or group of incubators) in
implementing a grant under this section unless the incubator (or group
of incubators) agrees that, with respect to the expenses to be incurred
in carrying out activities within the scope of the partnership, the
incubator (or group of incubators) will make available from private
funds contributions in an amount equal to not less than 50 percent of
the amount made available by the State or political subdivision from
grant funds under this section.
(f) Report to Congress.--Not later than 180 days after the end of
fiscal year 2024, the Secretary shall submit to Congress a report on
the results achieved by the grant program established under this
section. Such report shall include recommendations of the Secretary
with respect to extending, expanding, or improving the program.
(g) Definitions.--In this section:
(1) Incubator.--The term ``incubator'' means a private-
sector entity that--
(A) provides start-ups with workspace and other
resources (such as utilities, broadband service, and
technical or professional assistance) for use in
developing their businesses; and
(B) may charge start-ups a reasonable fee for such
resources.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Start-up.--The term ``start-up'' means any business
entity (including an individual operating an unincorporated
business) that, as of the time the entity receives resources
from an incubator--
(A) has been in operation for not more than 5
years;
(B) has not more than 5 employees; and
(C) for the most recently completed fiscal year of
the entity (if any) and any preceding fiscal year, has
annual gross revenues of less than $150,000.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000, of
which not more than 5 percent shall be available for the costs of
administering the grant program established under this section, for
each of the fiscal years 2021 through 2025.
Subtitle EE--Improving Contract Procurement for Small Businesses
Through More Accurate Reporting
SEC. 13901. SHORT TITLE.
This subtitle may be cited as the ``Improving Contract Procurement
for Small Businesses through More Accurate Reporting Act of 2020''.
SEC. 13902. REPORTING REQUIREMENTS FOR CERTAIN SMALL BUSINESS CONCERNS.
Section 15(h)(2)(E) of the Small Business Act (15 U.S.C.
644(h)(2)(E)) is amended--
(1) in clause (i)--
(A) in subclause (III), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(V) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns for
purposes of the initial contract; and
``(VI) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(2) in clause (ii)--
(A) in subclause (IV), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by service-disabled veterans
for purposes of the initial contract;
and
``(VII) that were awarded using a
procurement method that restricted
competition to qualified HUBZone small
business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(3) in clause (iii)--
(A) in subclause (V), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be qualified HUBZone small business
concerns for purposes of the initial
contract; and
``(VIII) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, small business concerns
owned and controlled by women, or a
subset of any such concerns;'';
(4) in clause (iv)--
(A) in subclause (V), by striking ``and'' at the
end; and
(B) by adding at the end the following new
subclauses:
``(VII) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by socially and economically
disadvantaged individuals for purposes
of the initial contract; and
``(VIII) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by women,
or a subset of any such concerns;'';
(5) in clause (v)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by inserting ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
an Indian tribe other than an Alaska
Native Corporation for purposes of the
initial contract;'';
(6) in clause (vi)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by inserting ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
a Native Hawaiian Organization for
purposes of the initial contract;'';
(7) in clause (vii)--
(A) in subclause (IV), by striking ``and'' at the
end;
(B) in subclause (V), by striking ``and'' at the
end; and
(C) by adding at the end the following new
subclause:
``(VI) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned by
an Alaska Native Corporation for
purposes of the initial contract;
and''; and
(8) in clause (viii)--
(A) in subclause (VII), by striking ``and'' at the
end;
(B) in subclause (VIII), by striking ``and'' at the
end; and
(C) by adding at the end the following new
subclauses:
``(IX) that were purchased by
another entity after the initial
contract was awarded and as a result of
the purchase, would no longer be deemed
to be small business concerns owned and
controlled by women for purposes of the
initial contract; and
``(X) that were awarded using a
procurement method that restricted
competition to small business concerns
owned and controlled by service-
disabled veterans, qualified HUBZone
small business concerns, small business
concerns owned and controlled by
socially and economically disadvantaged
individuals, or a subset of any such
concerns; and''.
Subtitle FF--Expanding Broadcast Ownership Opportunities
SEC. 14201. SHORT TITLE.
This subtitle may be cited as the ``Expanding Broadcast Ownership
Opportunities Act of 2020''.
SEC. 14202. FINDINGS.
Congress finds the following:
(1) One of the main missions of the Federal Communications
Commission, and a compelling governmental interest, is to
ensure that there is a diversity of ownership and viewpoints in
the broadcasting industry.
(2) The Commission should continue to collect relevant data
and conduct studies on such diversity and make appropriate
recommendations to Congress on how to increase the number of
minority- and women-owned broadcast stations.
(3) Data from 2014 shows that, of the over 1,700 commercial
broadcast television stations in the United States, less than 6
percent are owned by women, and less than 3 percent are
minority-owned. With respect to radio stations, women owned
approximately 7 percent of FM broadcast radio stations, and
minorities owned less than 3 percent of such stations.
(4) Women and minority ownership is 5 to 10 times higher in
other industries than in the broadcasting industry.
(5) During the 17 years that a minority tax certificate
program was in place at the Commission (from 1978 to 1995), the
Commission issued 287 certificates for radio stations and 40
certificates for television stations.
(6) The Commission can also support minority- and women-
owned entrants into the broadcasting industry by implementing
an incubator program in which existing licensees assist new
entrants in the operation of broadcast stations.
SEC. 14203. FCC REPORTS TO CONGRESS.
(a) Biennial Report Containing Recommendations for Increasing
Number of Minority- and Women-Owned Broadcast Stations.--Not later than
180 days after the date of the enactment of this Act, and not less
frequently than every 2 years thereafter, the Commission shall submit
to Congress a report containing recommendations for how to increase the
total number of broadcast stations that are owned or controlled by
members of minority groups or women, or by both members of minority
groups and women.
(b) Biennial Report on Number of Minority- and Women-Owned
Broadcast Stations.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than every 2 years
thereafter, the Commission shall submit to Congress a report that
states the total number of broadcast stations that are owned or
controlled by members of minority groups or women, or by both members
of minority groups and women, based on data reported to the Commission
on Form 323.
SEC. 14204. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS
FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED
INDIVIDUALS.
(a) Requirements for Issuance of Certificate by FCC.--
(1) In general.--Part I of title III of the Communications
Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the
end the following:
``SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST STATION TRANSACTIONS
FURTHERING OWNERSHIP BY SOCIALLY DISADVANTAGED
INDIVIDUALS.
``(a) Issuance of Certificate by Commission.--Upon application by a
person who engages in a sale of an interest in a broadcast station
described in subsection (b), subject to the rules adopted by the
Commission under subsection (c), the Commission shall issue to such
person a certificate stating that such sale meets the requirements of
this section.
``(b) Sales Described.--The sales described in this subsection are
the following:
``(1) Sale resulting in or preserving ownership by socially
disadvantaged individuals.--A sale of an interest in a
broadcast station if, immediately following the sale, the
station is owned by socially disadvantaged individuals
(regardless of whether the station was owned by socially
disadvantaged individuals before the sale).
``(2) Sale by investor in station owned by socially
disadvantaged individuals.--In the case of a person who has
contributed capital in exchange for an interest in a broadcast
station that is owned by socially disadvantaged individuals, a
sale by such person of some or all of such interest.
``(c) Rules.--The Commission shall adopt rules for the issuance of
a certificate under subsection (a) that provide for the following:
``(1) Limit on value of sale.--A limit on the value of an
interest the sale of which qualifies for the issuance of such a
certificate. The limit shall be no lower than $10,000,000 and
no higher than $50,000,000.
``(2) Minimum holding period.--In the case of a sale
described in subsection (b)(1), a minimum period following the
sale during which the broadcast station must remain owned by
socially disadvantaged individuals. The minimum period shall be
no longer than 3 years.
``(3) Cumulative limit on number or value of sales.--A
limit on the total number of sales or the total value of sales,
or both, for which a person may be issued certificates under
subsection (a).
``(4) Participation in station management by socially
disadvantaged individuals.--Requirements for participation by
socially disadvantaged individuals in the management of the
broadcast station.
``(d) Annual Report to Congress.--The Commission shall submit to
Congress an annual report describing the sales for which certificates
have been issued under subsection (a) during the period covered by the
report.
``(e) Definitions.--In this section:
``(1) Owned by socially disadvantaged individuals.--The
term `owned by socially disadvantaged individuals' means, with
respect to a broadcast station, that--
``(A) such station is at least 51 percent owned by
one or more socially disadvantaged individuals, or, in
the case of any publicly owned broadcast station, at
least 51 percent of the stock of such station is owned
by one or more socially disadvantaged individuals; and
``(B) the management and daily business operations
of such station are controlled by one or more of such
individuals.
``(2) Socially disadvantaged individual.--The term
`socially disadvantaged individual' means a woman or 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 the individual qualities of
the individual.''.
(2) Deadline for adoption of rules.--The Commission shall
adopt rules to implement section 344 of the Communications Act
of 1934, as added by paragraph (1), not later than 1 year after
the date of the enactment of this Act.
(3) Report to congress on program expansion.--Not later
than 6 years after the date of the enactment of this Act, the
Commission shall submit to Congress a report regarding whether
Congress should expand section 344 of the Communications Act of
1934, as added by paragraph (1), beyond broadcast stations to
cover other entities regulated by the Commission.
(4) Examination and report to congress on nexus between
diversity of ownership and diversity of viewpoint.--
(A) Examination.--Not later than 60 days after the
date of the enactment of this Act, the Commission shall
initiate an examination of whether there is a nexus
between diversity of ownership or control of broadcast
stations (including ownership or control by members of
minority groups or women, or by both members of
minority groups and women) and diversity of the
viewpoints expressed in the matter broadcast by
broadcast stations.
(B) Report to congress.--Not later than 2 years
after the date of the enactment of this Act, the
Commission shall submit to Congress a report on the
findings of the Commission in the examination under
subparagraph (A), including supporting data.
(b) Nonrecognition of Gain or Loss for Tax Purposes.--
(1) In general.--Subchapter O of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after part IV the
following new part:
``PART V--SALE OF INTEREST IN CERTAIN BROADCAST STATIONS
``SEC. 1071. NONRECOGNITION OF GAIN OR LOSS FROM SALE OF INTEREST IN
CERTAIN BROADCAST STATIONS.
``(a) Nonrecognition of Gain or Loss.--If a sale of an interest in
a broadcast station, within the meaning of section 344 of the
Communications Act of 1934, is certified by the Federal Communications
Commission under such section, such sale shall, if the taxpayer so
elects, be treated as an involuntary conversion of such property within
the meaning of section 1033. For purposes of such section as made
applicable by the provisions of this section, stock of a corporation
operating a broadcast station shall be treated as property similar or
related in service or use to the property so converted. The part of the
gain, if any, on such sale to which section 1033 is not applied shall
nevertheless not be recognized, if the taxpayer so elects, to the
extent that it is applied to reduce the basis for determining gain or
loss on any such sale, of a character subject to the allowance for
depreciation under section 167, remaining in the hands of the taxpayer
immediately after the sale, or acquired in the same taxable year. The
manner and amount of such reduction shall be determined under
regulations prescribed by the Secretary. Any election made by the
taxpayer under this section shall be made by a statement to that effect
in his return for the taxable year in which the sale takes place, and
such election shall be binding for the taxable year and all subsequent
taxable years.
``(b) Minimum Holding Period; Continued Management.--If--
``(1) there is nonrecognition of gain or loss to a taxpayer
under this section with respect to a sale of property
(determined without regard to this paragraph), and
``(2) the taxpayer ceases to fulfill any requirements of
the rules adopted by the Federal Communications Commission
under paragraph (2) or (4) of section 344(c) of the
Communications Act of 1934 (as such rules are in effect on the
date of such sale),
there shall be no nonrecognition of gain or loss under this section to
the taxpayer with respect to such sale, except that any gain or loss
recognized by the taxpayer by reason of this subsection shall be taken
into account as of the date on which the taxpayer so ceases to fulfill
such requirements.
``(c) Basis.--For basis of property acquired on a sale treated as
an involuntary conversion under subsection (a), see section 1033(b).''.
(2) Clerical amendment.--The table of parts for subchapter
O of chapter 1 of the Internal Revenue Code of 1986 is amended
by inserting after the item related to part IV the following
new part:
``Part V--Sale of Interest in Certain Broadcast Stations
``Section 1071. Nonrecognition of gain or loss from sale of interest in
certain broadcast stations.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to sales of interests in broadcast stations after
the date that is 1 year after the date of the enactment of this Act.
(d) Sunset.--The amendments made by this section shall not apply
with respect to sales of interests in broadcast stations after the date
that is 16 years after the date of the enactment of this Act.
SEC. 14205. INCUBATOR PROGRAM.
Not later than 180 days after the date of the enactment of this
Act, the Commission shall amend its Report and Order in the matter of
rules and policies to promote new entry and ownership diversity in the
broadcasting services, MB Docket No. 17-289, FCC 18-114, adopted on
August 2, 2018, to do the following:
(1) Expand the incubator program provided for in such
Report and Order to permit a licensee to provide financial
support or operational support, or both, to a qualifying
incubated entity that owns or wants to own a television
broadcast station.
(2) Expand the eligibility criteria for an incubated entity
under such program to include broadcast stations owned by
socially disadvantaged individuals.
SEC. 14206. DEFINITIONS.
In this subtitle:
(1) Broadcast station.--The term ``broadcast station'' has
the meaning given such term in section 3 of the Communications
Act of 1934 (47 U.S.C. 153).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Owned by socially disadvantaged individuals.--The term
``owned by socially disadvantaged individuals'' has the meaning
given such term in section 344 of the Communications Act of
1934, as added by section 12404.
Subtitle GG--Promote Startups Act
SEC. 14301. SHORT TITLE.
This subtitle may be cited as the ``Promote Startups Act of 2020''.
SEC. 14302. PERMANENT INCREASE OF LIMITATION ON DEDUCTION FOR START-
UPAND ORGANIZATIONAL EXPENDITURES.
(a) Start-Up Expenditures.--
(1) In general.--Section 195(b)(1)(A)(ii) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``$5,000'' and inserting
``$15,000'', and
(B) by striking ``$50,000'' and inserting
``$150,000''.
(2) Conforming amendment.--Section 195(b) of such Code is
amended by striking paragraph (3).
(b) Organizational Expenditures.--Section 248(a)(1)(B) of such Code
is amended--
(1) by striking ``$5,000'' and inserting ``$10,000'', and
(2) by striking ``$50,000'' and inserting ``$60,000''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred with respect to--
(1) in the case of the amendments made by subsection (a),
trades or businesses beginning in taxable years beginning after
December 31, 2016, and
(2) in the case of the amendments made by subsection (b),
corporations the business of which begins in taxable years
beginning after such date.
Subtitle HH--Inspector General Report on Participation in FAA Programs
by Disadvantaged Small Business Concerns
SEC. 14501. INSPECTOR GENERAL REPORT ON PARTICIPATION IN FAA PROGRAMS
BY DISADVANTAGED SMALL BUSINESS CONCERNS.
Section 140 of the FAA Modernization and Reform Act of 2012 is
amended--
(1) in subsection (c)--
(A) in paragraph (1) by striking ``each of fiscal
years 2013 through 2018'' and inserting ``fiscal year
2020 and periodically thereafter''; and
(B) in paragraph (3)(A) by striking ``a list'' and
inserting ``with respect to the large- and medium-hub
airports in the United States that participate in the
airport disadvantaged business enterprise program
referenced in subsection (a), a list''; and
(2) by adding at the end the following:
``(d) Assessment of Efforts.--The Inspector General shall assess
the efforts of the Federal Aviation Administration with respect to
implementing recommendations suggested in reports submitted under
subsection (c) and shall include in each semiannual report of the
Inspector General that is submitted to Congress a description of the
results of such assessment.''.
SEC. 14502. MINORITY AND DISADVANTAGED BUSINESS PARTICIPATION.
Section 47113 of title 49, United States Code, is amended--
(1) in subsection (c)--
(A) by striking ``The Secretary shall'' and
inserting the following:
``(1) In general.--The Secretary shall''; and
(B) by adding at the end the following:
``(2) Consistency of information.--The Secretary shall
develop and maintain a training program--
``(A) for employees of the Federal Aviation
Administration who provide guidance and training to
entities that certify whether a small business concern
qualifies under this section (and for employees of the
other modal administrations of the Department of
Transportation who provide similar services); and
``(B) that ensures Federal officials provide
consistent communications with respect to certification
requirements.
``(3) Lists of certifying authorities.--The Secretary shall
ensure that each State maintains an accurate list of the
certifying authorities in such State for purposes of this
section and that the list is--
``(A) updated at least twice each year; and
``(B) made available to the public.'';
(2) in subsection (e) by adding at the end the following:
``(4) Reporting.--The Secretary shall determine, for each
fiscal year, the number of individuals who received training
under this subsection and shall make such number available to
the public on an appropriate website operated by the Secretary.
If the Secretary determines, with respect to a fiscal year,
that fewer individuals received training under this subsection
than in the previous fiscal year, the Secretary shall submit to
Congress, and make available to the public on an appropriate
website operated by the Secretary, a report describing the
reasons for the decrease.
``(5) Assessment.--Not later than 2 years after the date of
enactment of this paragraph, and every 2 years thereafter, the
Secretary shall assess the training program, including by
soliciting feedback from stakeholders, and update the training
program as appropriate.''; and
(3) by adding at the end the following:
``(f) Trend Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this subsection, and at least every 2 years
thereafter, the Secretary shall study, using information
reported by airports, trends in the participation of small
business concerns referred to in subsection (b).
``(2) Contents.--The study under paragraph (1) shall
include--
``(A) an analysis of whether the participation of
small business concerns referred to in subsection (b)
at reporting airports increased or decreased during the
period studied, including for such concerns that were
first time participants;
``(B) an analysis of the factors relating to any
significant increases or decreases in participation
compared to prior years; and
``(C) development of a plan to respond to the
results of the study, including development of
recommendations for sharing best practices for
maintaining or boosting participation.
``(3) Reporting.--For each study completed under paragraph
(1), the Secretary shall submit to Congress, and make available
to the program contact at each airport that participates in the
airport disadvantaged business enterprise program, a report
describing the results of the study.''.
SEC. 14503. PASSENGER FACILITY CHARGES.
Section 40117(c) of title 49, United States Code, is amended by
adding at the end the following:
``(5) With respect to an application under this subsection that
relates to an airport that participates in the airport disadvantaged
business enterprise program referenced in section 140(a) of the FAA
Modernization and Reform Act of 2012 (49 U.S.C. 47113 note), the
application shall include a detailed description of good faith efforts
at the airport to contract with disadvantaged business enterprises in
relation to any project that is a subject of the application and to
ensure that all small businesses, including those owned by veterans,
fairly compete for work funded with passenger facility charges.''.
SEC. 14504. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT AIRPORTS WITH A
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
(a) Tracking Required.--Beginning in fiscal year 2020, and each
fiscal year thereafter, the Administrator of the Federal Aviation
Administration shall require each covered airport to report to the
Administrator on the number of new disadvantaged business enterprises
that were awarded a contract or concession during the previous fiscal
year at the airport.
(b) Training.--The Administrator shall provide training to
airports, on an ongoing basis, with respect to compliance with
subsection (a).
(c) Reporting.--During the first fiscal year beginning after the
date of enactment of this Act and every fiscal year thereafter, the
Administrator shall update dbE-Connect (or any successor online
reporting system) to include information on the number of new
disadvantaged business enterprises that were awarded a contract or
concession during the previous fiscal year at a covered airport.
(d) Covered Airport Defined.--In this section, the term ``covered
airport'' means a large- or medium-hub airport that participates in the
airport disadvantaged business enterprise program referenced in section
140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113
note).
SEC. 14505. AUDITS.
The Inspector General of the Department of Transportation shall
conduct periodic audits regarding the accuracy of the data on
disadvantaged business enterprises contained in the Federal Aviation
Administration's reporting database related to such enterprises or any
similar or successor online reporting database developed by the
Administration.
Subtitle II--Disabled Access Credit Expansion
SEC. 14601. SHORT TITLE.
This subtitle may be cited as the ``Disabled Access Credit
Expansion Act''.
SEC. 14602. EXPANSION OF CREDIT FOR EXPENDITURES TO PROVIDE ACCESS TO
DISABLED INDIVIDUALS.
(a) Increase in Dollar Limitation.--
(1) In general.--Subsection (a) of section 44 of the
Internal Revenue Code of 1986 is amended by striking
``$10,250'' and inserting ``$20,500''.
(2) Inflation adjustment.--Section 44 of such Code is
amended by redesignating subsection (e) as subsection (f) and
by inserting after subsection (d) the following new subsection:
``(e) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2020, the $20,500 amount in subsection (a)
shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2019' for `calendar year 2016' in
subparagraph (A)(ii) thereof.
``(2) Rounding.--Any amount determined under paragraph (1)
which is not a multiple of $50 shall be rounded to the next
lowest multiple of $50.''.
(b) Increase in Gross Receipts Limitation.--Subparagraph (A) of
section 44(b)(1) of the Internal Revenue Code of 1986 is amended by
striking ``$1,000,000'' and inserting ``$2,500,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 14603. ALTERNATIVE MEANS OF DISPUTE RESOLUTION INVOLVING
DISABILITY RIGHTS.
(a) Findings.--Congress finds the following:
(1) Congress does not directly appropriate funds for the
ADA Mediation Program of the Disability Rights Section of the
Civil Rights Division of the Department of Justice.
(2) The Civil Rights Division receives funds for the ADA
Mediation Program from the Office of Alternative Dispute
Resolution of the Office of Legal Policy of the Department of
Justice. The Office of Alternative Dispute Resolution receives
appropriations through the appropriations account of the
Department of Justice appropriated under the heading ``fees and
expenses of witnesses'' under the heading ``Legal Activities''
(referred to in this subsection as the ``FEW appropriations
account'').
(3) The total amount appropriated to the Office of
Alternative Dispute Resolution through the FEW appropriations
account for fiscal year 2018 is $3,659,544.
(4) Out of this amount, the Office of Alternative Dispute
Resolution funds mediation for all of the litigating units
within the Department of Justice.
(5) The Civil Rights Division requests funding for the ADA
Mediation Program on a quarterly basis and is limited in its
ability to use funds to increase personnel and provide training
concerning the program.
(6) Voluntary mediation, under section 514 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12212), of disputes
between individuals and entities covered by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) requires
specific expertise.
(7) To best serve the disability community, and entities
covered by that Act, the ADA Mediation Program should be able
to use funds to increase personnel and provide training
concerning the program.
(b) ADA Mediation Program.--
(1) In general.--The Attorney General shall carry out an
ADA Mediation Program (referred to in this section as the
``Program'').
(2) Duties and authorities.--In carrying out the Program,
the Attorney General--
(A) shall facilitate voluntary mediation to resolve
disputes arising under the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);
(B) may hire or enter into contracts with personnel
for the Program, including increasing the number of
such personnel beyond the number of individuals who
provided services through the Program on the date of
enactment of this section; and
(C) provide training for mediators who provide
services through the Program.
(3) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the appropriations account of the
Department of Justice appropriated under the heading
``fees and expenses of witnesses'' under the heading
``Legal Activities'', to carry out this section,
$1,000,000 (in addition to any other amounts
appropriated to that account) for fiscal year 2021.
(B) Availability of funds.--Funds appropriated
under subparagraph (A) may be used to pay for
obligations incurred through the Program prior to the
date of enactment of this section.
SEC. 14604. ADA INFORMATION LINE DATA COLLECTION REPORT.
(a) Findings.--Congress finds the following:
(1) As of August 10, 2018, during fiscal year 2018,
accessibility specialists have answered approximately 38,135
calls to the ADA Information Line.
(2) The ADA Information Line receives on average
approximately 1,000 calls per week, and does not typically
collect data about the kinds of calls it receives.
(3) The ADA Information Line takes calls from a variety of
individuals and entities interested in the Americans with
Disabilities Act of 1990, including--
(A) employers covered by such Act;
(B) architects and others who work with such
employers;
(C) public entities, such as schools and public
service providers;
(D) individuals with disabilities; and
(E) entities that provide public accommodations.
(4) ADA.gov provides many resources to individuals and
entities, public or private, looking for information on such
Act.
(b) Definitions.--In this section--
(1) the term ``ADA Information Line'' means the toll-free
line operated by the Attorney General to provide information
and materials to the public about the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including regulations issued under the Act and technical
assistance in accordance with section 507 of the Act (42 U.S.C.
12206); and
(2) the term ``disability'', with respect to an individual,
has the meaning given such term in section 3 of such Act (42
U.S.C. 12102).
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit a report to each committee
of Congress--
(1) outlining the kinds of calls the ADA Information Line
receives;
(2) detailing the efforts of the Department of Justice to
educate individuals and entities about the existence of the ADA
Information Line; and
(3) providing recommendations on improvements that can be
made to provide additional support to individuals with
disabilities, and entities covered by the Americans with
Disabilities Act of 1990, seeking information on such Act.
Subtitle JJ--RESCUE Act for Black and Community Banks
SEC. 14701. SHORT TITLE.
This subtitle may be cited as the ``Reenergized Economic
Sustainability for Community and Urban Entities Act for Black and
Community Banks'' or the ``RESCUE Act for Black and Community Banks''.
SEC. 14702. REGULATION OF BLACK AND COMMUNITY BANKS.
(a) Office of Black and Community Banks.--
(1) Establishment.--There is established within the Office
of the Comptroller of the Currency an office to be known as the
``Office of Black and Community Banks''.
(2) Supervision and examination of black banks and
community banks.--The Comptroller of the Currency, acting
through the Office of Black and Community Banks, shall
supervise and examine Black banks and community banks.
(3) Regulatory relief.--
(A) In general.--The Comptroller shall issue
regulations to partially or completely exempt Black
banks and community banks from Federal banking statutes
and regulations, to the extent the Comptroller
determines it appropriate without endangering the
safety and soundness of such banks.
(B) Treatment of manual underwriting.--For purposes
of risk-based capital requirements for Black banks and
community banks, the Comptroller shall issue
regulations to assign a lower level of risk to loans
that are issued by such banks using manual
underwriting, in recognition of the individualized
scrutiny provided by manual underwriting.
(C) Encouraging small-dollar lending.--The
Comptroller shall issue regulations to encourage
affordable small-dollar lending by Black banks and
community banks by providing regulatory flexibility
with respect to such lending.
(b) Regulatory Relief Under the Securities Laws.--
(1) Investment products.--With respect to investment
products sold by a Black bank or a community bank (or an
affiliate of such bank) to individuals in the community in
which such bank is located, the Securities and Exchange
Commission shall issue regulations to partially or completely
exempt the bank from the securities laws and regulations issued
under the securities laws, to the extent the Commission
determines it appropriate without endangering the protection of
investors.
(2) Securities.--
(A) In general.--The Securities and Exchange
Commission shall issue regulations to reduce the
regulatory burden applicable to Black banks and
community banks--
(i) under the amendments made by the
Jumpstart Our Business Startups Act;
(ii) issuing mortgage-backed securities;
and
(iii) issuing securities backed by loans
guaranteed by the Small Business Act.
(B) Crowdfunding exemption.--Section 4A of the
Securities Act of 1933 (15 U.S.C. 77d-1) shall not
apply to Black banks or community banks.
(c) Conforming Change to Definition of Appropriate Federal Banking
Agency.--Section 3(q)(1) of the Federal Deposit Insurance Act (12
U.S.C. 1813(q)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(D) notwithstanding paragraphs (2) and (3), any
Black bank or community bank (as such terms are defined
under section 14705 of the RESCUE Act for Black and
Community Banks);''.
SEC. 14703. CODIFICATION OF THE MINORITY BANK DEPOSIT PROGRAM.
(a) In General.--
(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 BANKS, WOMEN'S BANKS, AND
LOW-INCOME CREDIT UNIONS.
``(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 banks, women's banks, and low-income credit unions.
``(2) Administration.--The Secretary of the Treasury,
acting through 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 bank, women's
bank, or low-income credit union;
``(B) maintain and publish a list of all depository
institutions and credit unions that have been certified
pursuant to subparagraph (A);
``(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; and
``(D) support the creation of ratings, online Black
bank resources, and database products, including online
lending and investment facilities.
``(3) Inclusion of certain entities on list.--A depository
institution or credit union that, on the date of the enactment
of this section, has a current certification from the Secretary
of the Treasury stating that such depository institution or
credit union is a minority bank, women's bank, or low-income
credit union 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 ensure, to the maximum
extent possible as permitted by law, the use of minority banks,
women's banks, and low-income credit unions to serve the
financial needs of each such department or agency.
``(2) Minimum requirement.--Notwithstanding paragraph (1),
the head of each Federal department or agency shall ensure that
at least 10 percent of the financial needs of each such
department or agency are met by the use of minority banks,
women's banks, and low-income credit unions.
``(3) 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 banks, women's banks, and low-
income credit unions to serve the financial needs 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 `insured depository
institution' in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
``(3) Low-income credit union.--The term `low-income credit
union' means any entity described in section 19(b)(1)(A)(iv) of
the Federal Reserve Act.
``(4) Minority.--The term `minority' means any Black
American, Native American, Hispanic American, or Asian
American.
``(5) Minority bank.--The term `minority bank' means any
bank described in clause (i), (ii), or (iii) of section
19(b)(1)(A) of the Federal Reserve Act for which--
``(A) more than 50 percent of the outstanding
shares of which are held by 1 or more minority
individuals;
``(B) the majority of the directors on the board of
directors of which are minority individuals; and
``(C) a significant percentage of senior management
positions of which are held by minority individuals.
``(6) Women's bank.--The term `women's bank' means any bank
described in clause (i), (ii), or (iii) of section 19(b)(1)(A)
of the Federal Reserve Act for which--
``(A) more than 50 percent of the outstanding
shares of which are held by 1 or more women;
``(B) the majority of the directors on the board of
directors of which are women; and
``(C) a significant percentage of senior management
positions of which are held by women.''.
(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)).
(b) Amendments to the Community Reinvestment Act.--Section 804(b)
of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(b)) is
amended to read as follows:
``(b) Cooperation With Minority Banks, Women's Banks, and Low-
Income Credit Unions Considered.--
``(1) In general.--In assessing and taking into account,
under subsection (a), the record of a financial institution,
the appropriate Federal financial supervisory agency shall
consider as a factor capital investment, loan participation,
and other ventures undertaken by the institution in cooperation
with minority banks, women's banks, community development
financial institutions, and low-income credit unions provided
that these activities help meet the credit needs of local
communities in which such institutions and credit unions are
chartered.
``(2) Definitions.--
``(A) FIRREA definitions.--The terms `low-income
credit union', `minority bank', and `women's bank' have
the meanings given such terms, respectively, in section
1204(c) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1811 note).
``(B) Community development financial
institution.--The term `community development financial
institution' has the meaning given in section 103(5) of
the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702(5)).''.
(c) Considerations When Assessing Financial Inclusion for Federally
Chartered Financial Institutions.--
(1) In general.--In assessing and taking into account the
record of a federally chartered financial institution under any
financial inclusion assessment process created by the
Comptroller of the Currency in any rule relating to the
chartering of a financial institution, the Comptroller shall
consider as a factor capital investment, loan participation,
and other ventures undertaken by the bank in cooperation with
Black banks, women's banks, community development financial
institutions, and low-income credit unions, provided that these
activities help meet the financial needs of local communities
in which the federally chartered financial institution provides
financial products or services.
(2) Definitions.--For purposes of this section:
(A) Community development financial institution.--
The term ``community development financial
institution'' has the meaning given in section 103(5)
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702(5)).
(B) Financial inclusion assessment process.--The
term ``financial inclusion assessment process'' means
any process relating to the chartering of a financial
institution whereby the Comptroller of the Currency
assesses and takes into account the financial
institution's record of meeting the financial needs of
the bank's entire community, including low- and
moderate-income neighborhoods, consistent with the safe
and sound operation of such bank.
(C) Financial product or service.--The term
``financial product or service'' has the meaning given
such term in section 1002 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5481).
(D) FIRREA definitions.--The terms ``low-income
credit union'' and ``women's bank'' have the meanings
given such terms, respectively, in section 1204(c) of
the Financial Institutions Reform, Recovery, and
Enforcement Act of 1989 (12 U.S.C. 1811 note).
SEC. 14704. GAO STUDIES.
(a) New Markets Tax Credit Study.--The Comptroller General of the
United States shall carry out a study on the award of the new markets
tax credit by--
(1) surveying communities and specifically talking to Black
banks, community banks, and CDFIs that wish to receive the tax
credit about why they are not receiving the tax credit;
(2) determining where the tax credit money actually went
and what it was used for; and
(3) to the extent possible, using a case study approach.
(b) Lower-Value Home Mortgage Loan Study.--The Comptroller General
of the United States shall carry out a study on mortgage loans with a
principal amount of $100,000 or less, including--
(1) who is making such loans currently;
(2) how communities are encouraging such loans;
(3) what changes could encourage banks and other persons to
provide more such loans; and
(4) any statutory or regulatory changes that the
Comptroller believes may be needed to encourage more such
loans.
(c) Blockchain Study.--The Comptroller General of the United States
shall carry out a study on blockchain technology and whether such
technology could be used to increase investment by lower-income
individuals in start-ups and other crowd-funded companies.
SEC. 14705. DEFINITIONS.
For purposes of this subtitle:
(1) Black bank.--The term ``Black bank'' means an insured
depository institution--
(A) more than 50 percent of the ownership or
control of which is held by 1 or more Black
individuals; and
(B) more than 50 percent of the net profit or loss
of which accrues to 1 or more Black individuals.
(2) CDFI.--The term ``CDFI'' has the meaning given the term
``community development financial institution'' under section
103 of the Community Development Banking and Financial
Institutions Act of 1994.
(3) Community bank.--The term ``community bank'' means an
insured depository institution with less than $100,000,000 in
consolidated assets.
(4) Comptroller.--The term ``Comptroller'' means the
Comptroller of the Currency, except when used in the context of
the Comptroller General of the United States.
(5) Insured credit union.--The term ``insured credit
union'' has the meaning given such term under section 101 of
the Federal Credit Union Act.
(6) Insured depository institution.--The term ``insured
depository institution''--
(A) has the meaning given such term under section 3
of the Federal Deposit Insurance Act; and
(B) includes an insured credit union.
(7) Securities laws.--The term ``securities laws'' has the
meaning given such term under section 3 of the Securities
Exchange Act of 1934 (15 U.S.C. 78c).
Subtitle KK--Small Business Start-up Savings Accounts
SEC. 14801. SHORT TITLE.
This subtitle may be cited as the ``Small Business Start-up Savings
Accounts Act of 2020''.
SEC. 14802. ESTABLISHMENT OF SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 408A the following new section:
``SEC. 408B. SMALL BUSINESS START-UP SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a Small
Business Start-up Savings Account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Small Business Start-Up Savings Account.--For purposes of
this title, the term `Small Business Start-up Savings Account' means an
individual retirement plan which is designated (in such manner as the
Secretary may prescribe) at the time of establishment of the plan as a
Small Business Start-up Savings Account.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a Small Business Start-
up Savings Account.
``(2) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions for any taxable year to all Small
Business Start-up Savings Accounts maintained for the
benefit of an individual shall not exceed $10,000.
``(B) Aggregate limitation.--The aggregate of the
amount of contributions for all taxable years with
respect to all Small Business Start-up Savings Accounts
maintained for the benefit of an individual shall not
exceed $150,000.
``(C) Cost of living adjustment.--
``(i) In general.--In the case of a taxable
year beginning after 2019, the $10,000 amount
in subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2020' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $500,
such amount shall be rounded to the next lowest
multiple of $500.
``(3) Contributions permitted after age 70\1/2\.--
Contributions to a Small Business Start-up Savings Account may
be made even after the individual for whom the account is
maintained has attained age 70\1/2\.
``(4) Rollovers from retirement plans not allowed.--A
taxpayer shall not be allowed to make a qualified rollover
contribution to a Small Business Start-up Savings Account from
any eligible retirement plan (as defined in section
402(c)(8)(B)), except as may be provided by the Secretary in
the case of a rollover from another Small Business Start-up
Savings Account.
``(5) Income based on modified adjusted gross income.--
``(A) In general.--In the case of a taxable year in
which the taxpayer's adjusted gross income exceeds
$150,000 ($300,000 in the case of a joint return), the
dollar amount in effect for such taxable year under
subsection (c)(2) shall be reduced (but not below zero)
by the amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph shall be the amount which bears
the same ratio to such limitation as--
``(i) the excess of--
``(I) the taxpayer's adjusted gross
income for such taxable year, over
``(II) $150,000 ($300,000 in the
case of a joint return), bears to
``(ii) $25,000.
``(C) Modified adjusted gross income.--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.
``(d) Treatment of Distributions.--
``(1) Tax treatment.--
``(A) Exclusion of qualified distributions.--Any
qualified distribution from a Small Business Start-up
Savings Account shall not be includible in gross
income.
``(B) Inclusion of other distributions.--
Distributions from a Small Business Start-up Savings
Account which is not a qualified distribution shall be
included in gross income and, for purposes of section
1, treated as a net capital gain.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means, with
respect to any taxable year, any payment or distribution from a
Small Business Start-up Savings Account--
``(A) to the extent the amount of such payment or
distribution does not exceed the sum of--
``(i) the aggregate amounts paid or
incurred by the taxpayer for such taxable year
with respect to a trade or business for the
purchase of equipment or facilities, marketing,
training, incorporation, and accounting fees,
and
``(ii) the aggregate capital contributions
of the taxpayer with respect to a trade or
business for the taxable year (but only to the
extent such amounts are used in such trade or
business for purposes described in clause (i)),
and
``(B) which, in the case of a payment or
distribution subsequent to the first payment or
distribution from such account (or any predecessor to
such account)--
``(i) is made not later than the close of
the 5th taxable year beginning after the date
of such first payment or distribution, and
``(ii) is made with respect to the same
trade or business with respect to which such
first payment or distribution was made.
``(3) Treatment after death of account beneficiary.--If, by
reason of the death of the account beneficiary, any person
acquires the account beneficiary's interest in a Small Business
Start-up Savings Account--
``(A) such account shall cease to be a Small
Business Start-up Savings Account as of the date of
death, and
``(B) an amount equal to the fair market value of
the assets in such account on such date shall be
includible--
``(i) in the case of a person who is not
the estate of such beneficiary, in such
person's gross income for the taxable year
which includes such date, or
``(ii) in the case of a person who is the
estate of such beneficiary, in such
beneficiary's gross income for the last taxable
year of such beneficiary.
``(C) Special rules.--
``(i) Reduction of inclusion for predeath
expenses.--The amount includible in gross
income under subparagraph (B) shall be reduced
by the amounts described in paragraph (2) which
were incurred by the decedent before the date
of the decedent's death and paid by such person
within 1 year after such date.
``(ii) Deduction for estate taxes.--An
appropriate deduction shall be allowed under
section 691(c) to any person (other than the
decedent) with respect to amounts included in
gross income under clause (i) by such person.
``(4) Mandatory distribution rules not to apply.--Section
401(a)(9)(A) and the incidental death benefit requirements of
section 401(a) shall not apply to any Small Business Start-up
Savings Account.''.
(b) Excess Contributions.--Section 4973 of such Code is amended by
adding at the end the following new subsection:
``(i) Excess Contributions to Small Business Start-Up Savings
Accounts.--For purposes of this section, in the case of contributions
to all Small Business Start-up Savings Accounts (within the meaning of
section 408B(b)) maintained for the benefit of an individual, the term
`excess contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 408B(c)(2)(A) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 408B(c)(2)(A) for
such taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year, and
``(3) the excess (if any) of--
``(A) the excess (if any) of--
``(i) the aggregate amounts contributed to
such accounts for all taxable years, over
``(ii) the aggregate amount allowable as
contributions under section 408B(c)(2)(B) for
all taxable years, over
``(B) the amount determined under this paragraph
for all preceding taxable years.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408A the following new
item:
``Sec. 408B. Small Business Start-up Savings Accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2020.
Subtitle LL--Small Business Development Centers and Women's Business
Centers Tax Compliance Costs
SEC. 14901. GRANTS TO SMALL BUSINESS DEVELOPMENT CENTERS AND WOMEN'S
BUSINESS CENTERS TO ADDRESS RISING COSTS OF TAX
COMPLIANCE FOR SMALL BUSINESS CONCERNS.
(a) Grant Authority.--The Administrator of the Small Business
Administration may award a grant under this section to a small business
development center or a women's business center for the purposes of
assisting owners of small business concerns in complying with the
Internal Revenue Code of 1986 and communicating with the Internal
Revenue Service.
(b) Application.--Each applicant for a grant under this section
shall submit to the Administrator an application in such form as the
Administrator may require. The application shall include information
regarding the applicant's goals and objectives for helping address the
concerns of owners of small business concerns related to compliance
with the Internal Revenue Code of 1986.
(c) Applicability of Grant Requirements.--An applicant for a grant
under this section shall comply with all of the requirements applicable
to a grantee under section 21 or section 29 of the Small Business Act,
except that the matching funds requirements of such sections shall not
apply.
(d) Use of Funds.--A recipient of a grant under this section shall
use the grant only for the purposes described in subsection (a),
including working with--
(1) the Internal Revenue Service, including local offices
of the Office of the Taxpayer Advocate, to help reduce tax
compliance costs for such owners; and
(2) owners of small business concerns who are subject to an
audit by the Internal Revenue Service.
(e) Minimum Grant Amount.--A grant awarded under this section may
not be in an amount less than $200,000.
(f) Cooperative Agreements and Contracts.--The Administrator may
enter into a cooperative agreement or contract with the recipient of a
grant under this section to provide additional assistance for the
purposes described in subsection (a).
(g) Report to Administrator.--Not later than 18 months after the
date of receipt of a grant under this section, the recipient of the
grant shall submit to the Administrator a report describing how the
grant funds were used.
(h) Evaluation of Program.--Not later than 3 years after the date
of the enactment of this Act, the Administrator shall submit to
Congress a report that contains an evaluation of the grant program
established under this section.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3 of
the Small Business Act (15 U.S.C. 632).
(3) Small business development center.--The term ``small
business development center'' has the meaning given such term
in section 3 of the Small Business Act (15 U.S.C. 632).
(4) Women's business center.--The term ``women's business
center'' means a women's business center described under
section 29 of the Small Business Act (15 U.S.C. 656).
(j) Limitation on Use of Funds.--The Administrator may carry out
this section only with amounts appropriated specifically to carry out
this section under subsection (k).
(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2022 and 2023.
Subtitle MM--Hire A Hero
SEC. 15101. SHORT TITLE.
This subtitle may be cited as the ``Hire A Hero Act of 2020''.
SEC. 15102. WORK OPPORTUNITY CREDIT TO SMALL BUSINESSES FOR HIRING
MEMBERS OF READY RESERVE OR NATIONAL GUARD.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (I), by
striking the period at the end of subparagraph (J) and inserting ``,
or'', and by adding at the end the following new subparagraph:
``(K) in the case of an eligible employer (as
defined in section 408(p)(2)(C)(i)), an individual who
is a member of--
``(i) the Ready Reserve (as described in
section 10142 of title 10, United States Code),
or
``(ii) the National Guard (as defined in
section 101(c)(1) of title 10, United States
Code).''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to wages paid or incurred after the date of the enactment
of this Act in taxable years ending after such date.
(2) Current employees covered by credit.--For purposes of
applying section 51 of the Internal Revenue Code of 1986,
individuals described in section 51(d)(1)(K) of such Code, as
added by this section, who are employed by an eligible employer
(as defined in section 408(p)(2)(C)(i) of such Code) on the
date of the enactment of this Act shall be treated as beginning
work for such employer on such date.
SEC. 15103. PERMANENT EXTENSION OF WORK OPPORTUNITY CREDIT FOR
EMPLOYERS HIRING QUALIFIED VETERANS AND MEMBERS OF READY
RESERVE AND NATIONAL GUARD.
(a) In General.--Section 51(c)(4) of the Internal Revenue Code of
1986 is amended by inserting ``(other than any individual described in
subparagraph (B) or (K) of subsection (d)(1))'' after ``individual''.
(b) Effective Date.--The amendment made by this section shall apply
to individuals who begin work for the employer after December 31, 2019.
Subtitle NN--Jobs, On-the-Job ``Earn-While-You-Learn'' Training, and
Apprenticeships for Young African-Americans
SEC. 15201. SHORT TITLE.
This subtitle may be cited as the ``Jobs, On-the-Job `Earn-While-
You-Learn' Training, and Apprenticeships for Young African-Americans
Act''.
SEC. 15202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Young African-American men and women are the hardest
hit by economic instability. Declared and affirmed by the
Federal Reserve, African Americans face unemployment rates that
are two to three times higher than their White counterparts for
the last several decades.
(2) During economic recessions in 1974-75, 1981-82, 1990-
91, and 2008, the African-American community faced
significantly higher unemployment rates than their White
counterparts.
(3) Even during times of economic growth, African-American
communities experience prolonged financial vulnerability and
delayed recovery. Unemployment rates decline at a slower rate
for African-American men, and even a slower rate for African-
American women as compared to their White counterparts.
(4) This extraordinarily high unemployment rate has a
terrible rippling impact on the breakdown of the family
structure, as men and women in this age group are in the
primary child-producing ages.
(5) Affirmed by the Department of Labor, diversity and
inclusion within the workforce benefits employees and
businesses across all industries, including apprenticeship
programs, which provide economic mobility to its participants.
(6) Through the combined efforts of building trades unions
and community partners at the State and local level, there have
been established more than 150 apprenticeship readiness
programs across the United States that focus on creating
pathways to Registered Programs for people of color, women, and
veterans. Overall, from 2009 to 2019, building trades unions
and their signatory contractors have invested over $100,000,000
in outreach efforts targeting under-represented communities to
participate in apprenticeship readiness programs. Of the 4,800
individuals who have successfully completed a building trades
apprenticeship readiness program since 2016, 70 percent were
from communities of color and 22 percent were women.
(7) The disproportionately high-unemployment rates,
combined with low participation rates from African Americans in
registered apprenticeship programs not only constitute a
national crisis but a national tragedy for the young African
Americans, many of whom are fathers and mothers who, without
jobs, are unable to provide for their families or home.
(b) Purpose.--The purpose of this subtitle is to secure jobs, on-
the-job training, and apprenticeships for young African Americans ages
18 to 39 with the labor unions, general contractors, and businesses who
will rebuild the Nation's crumbling infrastructure in cities and
communities throughout the Nation.
SEC. 15203. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) this subtitle, while rebuilding the crumbling
infrastructure of this great Nation, will simultaneously help
create good paying jobs and job training that will provide
young African Americans ages 18 to 39 with the technical
skills, computer capabilities, and other skills necessary in
this high technology-driven job market, thus providing young
African Americans with highly developed skills that will make
them very competitive and attractive to many employers;
(2) this subtitle greatly exemplifies and strengthens the
high nobility of purpose that is the founding grace of this
great Nation; and
(3) the African-American organizations described in section
15204(c) have a long and rich history of working to improve the
lives of African Americans, and can be very helpful in
successfully reaching, contacting, and recruiting unemployed
young African Americans.
SEC. 15204. URGING EMPLOYMENT, ON-THE-JOB TRAINING, AND APPRENTICESHIPS
FOR UNEMPLOYED YOUNG AFRICAN AMERICANS IN REBUILDING THE
NATION'S CRUMBLING INFRASTRUCTURE.
(a) In General.--The Secretary of Labor shall strongly and urgently
encourage those labor unions, general contractors, and businesses, who
will rebuild the Nation's crumbling infrastructure, transportation
systems, technology and computer networks, and energy distribution
systems, to actively recruit, hire, train, and provide apprentice
programs registered under the National Apprenticeship Act (29 U.S.C. 50
et seq.) to African Americans ages 18 to 39 through their existing jobs
and through apprenticeships and earn-while-you-learn programs,
registered under such Act. The Secretary shall provide assistance to
such labor unions, general contractors, and businesses through every
means available under existing law to help coordinate the recruitment
of such individuals for such jobs, on-the-job training, and
apprenticeships.
(b) Coordination.--The jobs, on-the-job training, and
apprenticeships made available by labor unions, general contractors,
and businesses described in subsection (a) shall be conducted in
conjunction with the Secretary of Labor and the labor unions and other
associations which the Secretary has identified as those primarily
involved in the infrastructure rebuilding described in such subsection.
Such coordination shall also be done in conjunction with the National
Joint Apprenticeship and Training Committee.
(c) Recruitment.--The Secretary shall coordinate with labor unions,
general contractors, and businesses described in subsections (a) and
(b) to recruit African Americans for the jobs, on-the-job training, and
apprenticeships described in subsection (a) by reaching out and seeking
assistance from within the African-American community, churches, and
civil rights organizations that can offer valuable assistance to the
Secretary of Labor, the labor unions, general contractors, and
businesses with identifying, locating, and contacting unemployed young
African Americans who want jobs, on-the-job training, and
apprenticeships.
Subtitle OO--Media Diversity
SEC. 15301. FINDINGS.
The Congress finds the following:
(1) The principle that an informed and engaged electorate
is critical to a vibrant democracy is deeply rooted in our laws
of free speech and underpins the virtues on which we
established our Constitution, ``in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide
for the common defences, promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity.
. .''.
(2) Having independent, diverse, and local media that
provide exposure to a broad range of viewpoints and the ability
to contribute to the political debate is central to sustaining
that informed engagement.
(3) It is in the public interest to encourage source,
content, and audience diversity on our Nation's shared
telecommunications and media platforms.
(4) The survival of small, independent, and diverse media
outlets that serve diverse audiences and local media markets is
essential to preserving local culture and building
understanding on important community issues that impact the
daily lives of residents.
(5) Research by the American Society of News Editors, the
Radio Television Digital News Association, the Pew Research
Center, and others has documented the continued challenges of
increasing diversity among all types of media entities.
(6) With increasing media experience and sophistication, it
is even more important to have minority participation in local
media to ensure a diverse range of information sources are
available and different ideas and viewpoints are expressed to
strengthen social cohesion among different communities.
(7) The constriction in small, independent, and diverse
media outlets and limited participation of diverse populations
in media ownership and decisionmaking are combining to
negatively impact our goal of increasing local civic engagement
and civic knowledge through increased voter participation,
membership in civic groups, and knowledge of local political
and civil information.
SEC. 15302. SENSE OF CONGRESS.
That the Congress--
(1) reaffirms its commitment to diversity as a core tenet
of the public interest standard in media policy; and
(2) pledges to work with media entities and diverse
stakeholders to develop common ground solutions to eliminate
barriers to media diversity.
Subtitle PP--Federal Jobs
SEC. 15401. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``Federal Jobs
Act''.
(b) Definitions.--In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code, and includes the United States Postal Service and
the Postal Regulatory Commission.
(2) Agency plan.--The term ``agency plan'' means an
Executive agency-specific plan to carry out the Diversity Plan,
as described in section 15403.
(3) Deputy director.--The term ``Deputy Director'' means
the Deputy Director of Management of the Office of Management
and Budget.
(4) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(5) Diversity.--The term ``diversity'' includes
characteristics such as national origin, language, race, color,
disability, ethnicity, gender, age, religion, sexual
orientation, gender identity, socioeconomic status, and family
structures.
(6) Diversity plan.--The term ``Diversity Plan'' means the
Diversity and Inclusion Initiative and Strategic Plan, as
described in section 15402.
SEC. 15402. EXECUTIVE BRANCH DIVERSITY AND INCLUSION INITIATIVE AND
STRATEGIC PLAN.
(a) In General.--The Director of the Office of Personnel Management
and the Deputy Director of Management of the Office of Management and
Budget, in coordination with the President's Management Council and the
Chair of the Equal Employment Opportunity Commission, shall--
(1) establish a coordinated initiative to promote diversity
and inclusion in the executive branch workforce;
(2) not later than 90 days after the date of the enactment
of this Act--
(A) develop and issue a Diversity and Inclusion
Strategic Plan applicable to the executive branch, to
be updated at a minimum every 4 years, that--
(i) focuses on workforce diversity,
workplace inclusion, and agency accountability
and leadership; and
(ii) highlights comprehensive strategies
for agencies to identify and remove barriers to
equal employment opportunity that may exist in
recruitment, hiring, promotion, retention,
professional development, and training policies
and practices;
(B) review applicable directives to agencies
related to the development or submission of Executive
agency human capital and other workforce plans and
reports in connection with recruitment, hiring,
promotion, retention, professional development, and
training policies and practices, and develop a strategy
for consolidating such agency plans and reports where
appropriate and permitted by law; and
(C) provide guidance to agencies concerning
formulation of agency-specific plans under section
15403 to carry out the Diversity Plan;
(3) identify appropriate practices to improve the
effectiveness of each agency's efforts to recruit, hire,
promote, retain, develop, and train a diverse and inclusive
workforce, consistent with merit system principles; and
(4) establish a system for regular reporting on agencies'
progress in implementing any Executive agency-specific plan to
carry out the Diversity Plan.
(b) Application.--For purposes of carrying out this section--
(1) the term ``diversity'' includes characteristics such as
national origin, language, race, color, disability, ethnicity,
gender, age, religion, sexual orientation, gender identity,
socioeconomic status, and family structures; and
(2) recruitment should be from qualified individuals from
appropriate sources in an endeavor to achieve a workforce from
all segments of society while avoiding discrimination for or
against any employee or applicant on the basis of race, color,
religion, sex (including pregnancy or gender identity),
national origin, age, disability, sexual orientation or any
other prohibited basis.
SEC. 15403. RESPONSIBILITIES OF AGENCIES.
(a) In General.--The head of each agency shall--
(1) designate the agency's Chief Human Capital Officer,
Director of Equal Employment Opportunity, and Chief Diversity
Officer (if any) to be responsible for enhancing employment and
promotion opportunities within the agency, including
development and implementation of the agency plan;
(2) not later than 120 days after the date the Diversity
Plan is issued or updated under section 15401, develop or
update (as the case may be) and submit for review to the
Director and the Deputy Director an agency plan for recruiting,
hiring, training, developing, advancing, promoting, and
retaining a diverse workforce consistent with merit system
principles, the agency's overall strategic plan, its human
capital operating plan prepared pursuant to part 250 of title
5, Code of Federal Regulations, and any other applicable
workforce planning strategies and initiatives;
(3) implement the agency plan after incorporating the plan
into the agency's human capital operating plan; and
(4) provide information as specified by the reporting
requirements developed under paragraph (4) of section 15401.
(b) Annual Updates.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the head of each agency,
in consultation with the Director and the Deputy Director, shall
publish a report on the agency's public Internet website that
includes--
(1) disaggregated demographic data (sorted by race, color,
national origin, religion, sex, age, or disability) relating to
the workforce and information on the status of diversity and
inclusion efforts of the agency;
(2) an analysis of applicant flow data, as available
(sorted by race, color, national origin, religion, sex, age, or
disability);
(3) disaggregated demographic data relating to participants
in professional development programs of the agency and the rate
of placement into senior positions for participants in such
programs; and
(4) data related to the employment of traditionally
underrepresented groups.
(c) Retention and Exit Interviews or Surveys.--
(1) Departing employees.--The head of each agency shall
provide an opportunity for an exit interview or survey to each
agency employee who separates from service with the agency to
better understand the employee's reasons for leaving such
service.
(2) Use of analysis from interviews and surveys.--The head
of each agency shall analyze demographic data and other
information obtained through interviews and surveys under
paragraphs (1) and (2) to determine--
(A) if and how the diversity of those participating
in such interviews and surveys impacts the results; and
(B) whether to implement any policy changes or make
any recommendations.
(3) Tracking data.--The head of each agency shall--
(A) track demographic data relating to participants
in professional development programs and the rate of
placement into senior positions for participants in
such programs;
(B) annually evaluate such data--
(i) to identify ways to improve outreach
and recruitment for such programs, consistent
with merit system principles; and
(ii) to understand how participation in any
program offered or sponsored by the agency
under subparagraph (A) differs among the
demographic categories of the workforce; and
(C) actively encourage participation from a range
of demographic categories, especially from categories
with consistently low participation.
SEC. 15404. LEGISLATIVE AND JUDICIAL BRANCHES.
(a) Legislative Branch.--Each office treated as an employing office
under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et
seq.) shall, to the greatest extent practicable, carry out the
requirements of sections 15402 and 15403 with respect to the
legislative branch of Government.
(b) Judicial Branch.--The Director of the Administrative Office of
the United States Courts shall, to the greatest extent practicable,
carry out the requirements of sections 15402 and 15403 with respect to
the judicial branch of Government.
SEC. 15405. DIVERSITY IN GOVERNMENT PROCUREMENT AND GRANTMAKING.
(a) Prime Contractor Reporting to Agencies.--Each prime contractor
shall submit to the head of the agency with which the contractor is
under contract an annual report, that includes a list of prime
contractors and subcontractors, and the amounts they receive from the
agency, that are economically and socially disadvantaged businesses as
defined by part 124 of title 13, Code of Federal Regulations.
(b) Annual Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the head of
each agency shall submit to the appropriate congressional
committees a comprehensive report on activities to increase
economically and socially disadvantaged businesses (as defined
by such part 124) in procurement and grant making.
(2) Content.--Each report required under paragraph (1)
shall include a description of the efforts of the agency--
(A) to list, describe, and evaluate all activities
used to increase the capacity of minority-led small
nongovernmental organizations and civil society
organizations to win bids and obtain contracts and
grants and serve as subcontractors; and
(B) to review any impact the restrictions related
to the foreign exemption in Federal contracting under
part 19 of the Federal Acquisition Regulation have had
on economically and socially disadvantaged businesses
(as defined by such part 124).
Subtitle QQ--Urban Progress
SEC. 15501. SHORT TITLE .
This subtitle may be cited as the ``Urban Progress Act of 2020''.
PART 1--SUSTAINABLE COMMUNITY ECONOMIC DEVELOPMENT
Subpart A--Rental Assistance Housing Preservation and Rehabilitation
Act
SEC. 15511. SHORT TITLE.
This subpart may be cited as the ``Rental Assistance Housing
Preservation and Rehabilitation Act of 2020''.
SEC. 15512. AMENDMENTS TO RENTAL ASSISTANCE DEMONSTRATION.
(a) Amendments.--The matter in the heading ``Rental Assistance
Demonstration'' in title II of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2012 (division C
of Public Law 112-55; 125 Stat. 673) is amended--
(1) by striking ``(except for funds allocated under such
section for single room occupancy dwellings as authorized by
title IV of the McKinney-Vento Homeless Assistance Act)'' each
place such phrase appears;
(2) in the third proviso by inserting ``in excess of
amounts made available under this heading'' after ``associated
with such conversion'';
(3) in the fourth proviso--
(A) by striking ``60,000'' and inserting
``150,000''; and
(B) by striking ``or section 8(e)(2)''; and
(4) in the penultimate proviso by striking ``and 2013'' and
inserting ``through 2021''.
(b) Applicability.--The amendments made by subsection (a) shall
apply only to any amounts that are made available for fiscal year 2022
or any fiscal year thereafter for carrying out the demonstration
program established under the heading referred to in subsection (a).
Subpart B--Hire For a Second Chance Act
SEC. 15521. SHORT TITLE.
This subpart may be cited as the ``Hire For a Second Chance Act of
2020''.
SEC. 15522. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX CREDIT.
(a) Credit Made Permanent.--Section 51(c) of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4).
(b) Increase in Wage Limitation for Ex-Felons.--
(1) Limitation on wages taken into account.--Section
51(b)(3) of such Code is amended--
(A) by striking ``subsection (d)(3)(A)(iv), and''
and inserting ``subsection (d)(3)(A)(iv),''; and
(B) by striking ``subsection (d)(3)(A)(ii)(II))''
and inserting ``subsection (d)(3)(A)(ii)(II), and
$14,000 in the case of any individual who is an ex-
felon by reason of subsection (d)(4))''.
(2) Inflation adjustment.--Section 51(b) of such Code is
amended by adding at the end the following:
``(4) Adjustment for inflation.--In the case of any taxable
year beginning after 2021, the $14,000 dollar amount contained
in paragraph (3) relating to ex-felons shall be increased by an
amount equal to the product of--
``(A) such dollar amount, and
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins determined by substituting
`calendar year 2020' for `calendar year 1992' in
subparagraph (B) thereof.
If any increase determined under the preceding sentence is not
a multiple of $50, such increase shall be rounded to the next
lowest multiple of $50.''.
(c) Qualified Ex-Felon.--Section 51(d)(4)(B) of such Code is
amended by striking ``1 year'' and inserting ``3 years''.
(d) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2019.
Subpart C--Community Investment and Empowerment Act
SEC. 15531. SHORT TITLE.
This subpart may be cited as the ``Community Investment and
Empowerment Act''.
SEC. 15532. PURPOSE.
The purpose of this subpart is to assist with the economic growth
of economically disadvantaged communities that have potential for
strong Class 1 commercial investment, but continue to have a difficult
time recruiting Class 1 commercial investment.
SEC. 15533. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
INVESTMENT IN UNDERSERVED COMMUNITIES.
The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.)
is amended by adding at the end the following new title:
``TITLE VI--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES
``SEC. 511. GRANT PROGRAM.
``(a) Authorization.--From amounts appropriated under section 513,
the Administrator shall make grants on a competitive basis to
communities for--
``(1) the creation of a grant and/or revolving loan fund
program that helps develop financing packages for Class 1
commercial investment;
``(2) lowering real estate property tax rates;
``(3) conducting community-wide market analysis to help
recruit and/or retain Class 1 commercial investment;
``(4) creating employment training programs for Class 1
business customer service, sales, and managerial positions;
``(5) retail marketing strategies to solicit new Class 1
commercial investment starts in the community;
``(6) program allowances for activities such as the
publication of marketing materials, development of economic
development web pages, and educational outreach activities with
retail trade associations; and
``(7) hiring business recruitment specialists.
``(b) Eligibility.--The Administrator may only make a grant under
subsection (a) to communities that--
``(1) demographics include--
``(A) a median per capita income no higher than
$35,000; and
``(B) a lack of Class 1 commercial investment; and
``(2) submit an application at such time, in such form, and
containing such information and assurances as the Administrator
may require, including--
``(A) a description of how the community through
the activities the community carries out with the grant
funds will recruit, retain and grow their economy
through Class 1 commercial investment; and
``(B) a description of the difficulty the community
has faced recruiting, retaining and growing their
economy through Class 1 commercial investment.
``(c) Matching Funds.--
``(1) In general.--The Administrator may not make a grant
to a community under subsection (a) unless the community agrees
that, with respect to the costs to be incurred by the community
in carrying out the activities for which the grant is awarded,
the community will make available non-Federal contributions in
an amount equal to not less than 10 percent of the Federal
funds provided under the grant.
``(2) Satisfying matching requirements.--The non-Federal
contributions required under paragraph (1) may be--
``(A) in cash or in-kind, including services,
fairly evaluated; and
``(B) from--
``(i) any private source;
``(ii) a State or local governmental
entity; or
``(iii) a not-for-profit.
``(3) Waiver.--The Administrator may waive or reduce the
non-Federal contribution required by paragraph (1) if the
community involved demonstrates that the eligible entity cannot
meet the contribution requirement due to financial hardship.
``(d) Limitations.--Funding appropriated under section 513 will be
allocated by the following formula--
``(1) no more than up to 5 percent of funds appropriated
under section 513 shall go to administrative costs;
``(2) up to 70 percent of funding appropriated under
section 513 shall go toward activities described in sections
(a)(1) through (a)(4) after taking into account administrative
costs under subsection (c)(1)(A); and
``(3) 30 percent of funding appropriated under section 513
shall go toward activities described in sections (a)(5) through
(a)(7) after taking into account administrative costs under
section (c)(1)(A).
``SEC. 512. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Community.--The term `community' means a governance
structure that includes county, parish, city, village,
township, district or borough.
``(2) Class 1 commercial investment.--The term `Class 1
commercial investment' means retail grocery chains, food
service retailers, restaurants and franchises, retail stores,
cafes, shopping malls, and other shops.
``(3) Economically underserved community.--The term
`economically underserved community' means an area suffering
from low income and resultant low purchasing power, limiting
its ability to generate sufficient goods and services to be
used in exchange with other areas to meet current consumption
needs.
``SEC. 513. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Administrator to
carry out section 511(a) $40,000,000 for each of fiscal years 2021
through 2025.''.
Subpart D--Promote Start-Ups Act
SEC. 15541. SHORT TITLE.
This subpart may be cited as the ``Promote Start-Ups Act of 2020''.
SEC. 15542. PERMANENT INCREASE OF LIMITATION ON DEDUCTION FOR START-UP
AND ORGANIZATIONAL EXPENDITURES.
(a) Start-Up Expenditures.--
(1) In general.--Section 195(b)(1)(A)(ii) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``$5,000'' and inserting
``$15,000''; and
(B) by striking ``$50,000'' and inserting
``$150,000''.
(2) Conforming amendment.--Section 195(b) of such Code is
amended by striking paragraph (3).
(b) Organizational Expenditures.--Section 248(a)(1)(B) of such Code
is amended--
(1) by striking ``$5,000'' and inserting ``$10,000''; and
(2) by striking ``$50,000'' and inserting ``$60,000''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred with respect to--
(1) in the case of the amendments made by subsection (a),
trades or businesses beginning in taxable years beginning after
December 31, 2019; and
(2) in the case of the amendments made by subsection (b),
corporations the business of which begins in taxable years
beginning after such date.
Subpart E--Community College to Career Fund Act
SEC. 15551. SHORT TITLE.
This subpart may be cited as the ``Community College to Career Fund
Act''.
SEC. 15552. COMMUNITY COLLEGE TO CAREER FUND.
(a) In General.--Title I of the Workforce Innovation and
Opportunity Act is amended by adding at the end the following:
``Subtitle F--Community College to Career Fund
``SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM.
``(a) Grants Authorized.--From funds appropriated under section
199A, the Secretary of Labor (in coordination with the Secretary of
Education and the Secretary of Commerce) shall award competitive grants
to eligible entities described in subsection (b) for the purpose of
developing, offering, improving, and providing educational or career
training programs for workers.
``(b) Eligible Entity.--
``(1) Partnerships with employers or an employer or
industry partnership.--
``(A) General definition.--For purposes of this
section, an `eligible entity' means any of the entities
described in subparagraph (B) (or a consortium of any
of such entities) in partnership with employers or an
employer or industry partnership representing multiple
employers.
``(B) Description of entities.--The entities
described in this subparagraph are--
``(i) a community college;
``(ii) a 4-year public institution of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) that offers 2-year degrees, and that
will use funds provided under this section for
activities at the certificate and associate
degree levels;
``(iii) a Tribal College or University (as
defined in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b))); or
``(iv) a private or nonprofit, 2-year
institution of higher education (as defined in
section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)) in the Commonwealth of Puerto
Rico, Guam, the United States Virgin Islands,
American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau.
``(2) Additional partners.--
``(A) Authorization of additional partners.--In
addition to partnering with employers or an employer or
industry partnership representing multiple employers as
described in paragraph (1)(A), an entity described in
paragraph (1) may include in the partnership described
in paragraph (1) one or more of the organizations
described in subparagraph (B). Each eligible entity
that includes one or more such organizations shall
collaborate with the State or local board in the area
served by the eligible entity.
``(B) Organizations.--The organizations described
in this subparagraph are as follows:
``(i) A provider of adult education (as
defined in section 203) or an institution of
higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001)).
``(ii) A community-based organization.
``(iii) A joint labor-management
partnership.
``(iv) A State or local board.
``(v) Any other organization that the
Secretaries consider appropriate.
``(c) Educational or Career Training Program.--For purposes of this
section, the Governor of the State in which at least one of the
entities described in subsection (b)(1)(B) of an eligible entity is
located shall establish criteria for an educational or career training
program leading to a recognized postsecondary credential for which an
eligible entity submits a grant proposal under subsection (d).
``(d) Application.--An eligible entity seeking a grant under this
section shall submit an application containing a grant proposal, for an
educational or career training program leading to a recognized
postsecondary credential, to the Secretaries at such time and
containing such information as the Secretaries determine is required,
including a detailed description of--
``(1) the extent to which the educational or career
training program described in the grant proposal fits within an
overall strategic plan consisting of--
``(A) the State plan described in section 102 or
103, for the State involved;
``(B) the local plan described in section 108, for
each local area that comprises a significant portion of
the area to be served by the eligible entity; and
``(C) a strategic plan developed by the eligible
entity;
``(2) the extent to which the program will meet the needs
of employers in the area for skilled workers in in-demand
industry sectors and occupations;
``(3) the extent to which the program will meet the
educational or career training needs of workers in the area;
``(4) the specific educational or career training program
and how the program meets the criteria established under
subsection (e), including the manner in which the grant will be
used to develop, offer, improve, and provide the educational or
career training program;
``(5) any previous experience of the eligible entity in
providing educational or career training programs, the absence
of which shall not automatically disqualify an eligible
institution from receiving a grant under this section; and
``(6) how the program leading to the credential meets the
criteria described in subsection (c).
``(e) Criteria for Award.--
``(1) In general.--Grants under this section shall be
awarded based on criteria established by the Secretaries, that
include the following:
``(A) A determination of the merits of the grant
proposal submitted by the eligible entity involved to
develop, offer, improve, and provide an educational or
career training program to be made available to
workers.
``(B) An assessment of the likely employment
opportunities available in the area to individuals who
complete an educational or career training program that
the eligible entity proposes to develop, offer,
improve, and provide.
``(C) An assessment of prior demand for training
programs by individuals eligible for training and
served by the eligible entity, as well as availability
and capacity of existing (as of the date of the
assessment) training programs to meet future demand for
training programs.
``(2) Priority.--In awarding grants under this section, the
Secretaries shall give priority to eligible entities that--
``(A) include a partnership, with employers or an
employer or industry partnership, that--
``(i) pays a portion of the costs of
educational or career training programs; or
``(ii) agrees to hire individuals who have
attained a recognized postsecondary credential
resulting from the educational or career
training program of the eligible entity;
``(B) enter into a partnership with a labor
organization or labor-management training program to
provide, through the program, technical expertise for
occupationally specific education necessary for a
recognized postsecondary credential leading to a
skilled occupation in an in-demand industry sector;
``(C) are focused on serving individuals with
barriers to employment, low-income, nontraditional
students, students who are dislocated workers, students
who are veterans, or students who are long-term
unemployed;
``(D) include any eligible entities serving areas
with high unemployment rates;
``(E) are eligible entities that include an
institution of higher education eligible for assistance
under title III or V of the Higher Education Act of
1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.);
and
``(F) include a partnership, with employers or an
employer or industry partnership, that increases
domestic production of goods.
``(f) Use of Funds.--Grant funds awarded under this section shall
be used for one or more of the following:
``(1) The development, offering, improvement, and provision
of educational or career training programs, that provide
relevant job training for skilled occupations, that lead to
recognized postsecondary credentials, that will meet the needs
of employers in in-demand industry sectors, and that may
include registered apprenticeship programs, on-the-job training
programs, and programs that support employers in upgrading the
skills of their workforce.
``(2) The development and implementation of policies and
programs to expand opportunities for students to earn a
recognized postsecondary credential, including a degree, in in-
demand industry sectors and occupations, including by--
``(A) facilitating the transfer of academic credits
between institutions of higher education, including the
transfer of academic credits for courses in the same
field of study;
``(B) expanding articulation agreements and
policies that guarantee transfers between such
institutions, including through common course numbering
and use of a general core curriculum; and
``(C) developing or enhancing student support
services programs.
``(3) The creation of career pathway programs that provide
a sequence of education and occupational training that leads to
a recognized postsecondary credential, including a degree,
including programs that--
``(A) blend basic skills and occupational training;
``(B) facilitate means of transitioning
participants from noncredit occupational, basic skills,
or developmental coursework to for-credit coursework
within and across institutions;
``(C) build or enhance linkages, including the
development of dual enrollment programs and early
college high schools, between secondary education or
adult education programs (including programs
established under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) and title II of this Act);
``(D) are innovative programs designed to increase
the provision of training for students, including
students who are members of the National Guard or
Reserves, to enter skilled occupations in in-demand
industry sectors; and
``(E) support paid internships that will allow
students to simultaneously earn credit for work-based
learning and gain relevant employment experience in an
in-demand industry sector or occupation, which shall
include opportunities that transition individuals into
employment.
``(4) The development and implementation of--
``(A) a Pay-for-Performance program that leads to a
recognized postsecondary credential, for which an
eligible entity agrees to be reimbursed under the grant
primarily on the basis of achievement of specified
performance outcomes and criteria agreed to by the
Secretary; or
``(B) a Pay-for-Success program that leads to a
recognized postsecondary credential, for which an
eligible entity--
``(i) enters into a partnership with an
investor, such as a philanthropic organization
that provides funding for a specific project to
address a clear and measurable educational or
career training need in the area to be served
under the grant; and
``(ii) agrees to be reimbursed under the
grant only if the project achieves specified
performance outcomes and criteria agreed to by
the Secretary.
``SEC. 199A. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated such
sums as may be necessary to carry out the program established by
section 199.
``(b) Administrative Cost.--Not more than 5 percent of the amounts
made available under subsection (a) may be used by the Secretaries to
administer the program described in that subsection, including
providing technical assistance and carrying out evaluations for the
program described in that subsection.
``(c) Period of Availability.--The funds appropriated pursuant to
subsection (a) for a fiscal year shall be available for Federal
obligation for that fiscal year and the succeeding 2 fiscal years.
``SEC. 199B. DEFINITION.
``For purposes of this subtitle, the term `community college' has
the meaning given the term `junior or community college' in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).''.
(b) Conforming Amendment.--The table of contents for the Workforce
Innovation and Opportunity Act is amended by inserting after the items
relating to subtitle E of title I the following:
``Subtitle F--Community College to Career Fund
``Sec. 199. Community college and industry partnerships program.
``Sec. 199A. Authorization of appropriations.
``Sec. 199B. Definition.''.
(c) Effective Date.--This Act, including the amendments made by
this Act, takes effect as if included in the Workforce Innovation and
Opportunity Act.
Subpart F--Youth Summer Jobs and Public Service Act
SEC. 15561. SHORT TITLE.
This subpart may be cited as the ``Youth Summer Jobs and Public
Service Act of 2020''.
SEC. 15562. GRANTS TO STATES FOR SUMMER EMPLOYMENT FOR YOUTH.
Section 129 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3164) is amended by adding at the end the following:
``(d) Grants to States for Summer Employment for Youth.--
``(1) In general.--Notwithstanding any other provision of
this Act, from the amount appropriated under paragraph (2), the
Secretary shall award grants to States to provide assistance to
local areas that have high concentrations of eligible youth to
enable such local areas to carry out programs described in
subsection (c)(1) that provide summer employment opportunities
for eligible youth, which are directly linked to academic and
occupational learning, as described in subsection (c)(2)(C). In
awarding grants under this subsection, a State shall--
``(A) partner with private businesses to the extent
feasible to provide employment opportunities at such
businesses; and
``(B) prioritize jobs and work opportunities that
directly serve the community.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $100,000,000 to carry out this subsection
for each of fiscal years 2022 through 2026.''.
Subpart G--Child Poverty Reduction Act
SEC. 15571. SHORT TITLE.
This subpart may be cited as the ``Child Poverty Reduction Act of
2020''.
CHAPTER 1--FEDERAL INTERAGENCY WORKING GROUP ON REDUCING CHILD POVERTY
SEC. 15572. ESTABLISHMENT OF WORKING GROUP.
There is established in the Administration for Children and
Families of the Department of Health and Human Services a group which
shall be known as the Federal Interagency Working Group on Reducing
Child Poverty (in this Act referred to as the ``Working Group'').
SEC. 15573. NATIONAL PLAN TO REDUCE CHILD POVERTY.
(a) Primary Goal.--
(1) Development of national plan.--The primary goal of the
Working Group is to develop a national plan--
(A) to reduce, within 10 years after the date on
which funding is made available to carry out this Act--
(i) the number of children living in
poverty in the United States to half of the
number of such children as reported in the
report of the United States Census Bureau on
Income, Poverty, and Health Insurance Coverage
in the United States: 2013 (issued in September
2014); and
(ii) the number of children living in
extreme poverty in the United States to zero;
and
(B) to reduce, within 20 years after the date on
which funds are made available to carry out this Act,
the number of children living in poverty in the United
States to zero.
(2) Consultation with national academy of sciences.--In
developing the national plan under paragraph (1), the Working
Group shall consider all recommendations, research papers, and
reports published by the National Academy of Sciences as a
result of the workshops conducted pursuant to title II.
(3) Deadline.--Not later than 180 days after the date of
the enactment of this Act, the Working Group shall make
substantial progress toward the development of the national
plan.
(b) Additional Goals.--The national plan under subsection (a) shall
include recommendations for achieving the following goals:
(1) Understanding the root causes of child poverty,
including persistent intergenerational poverty, taking into
account social, economic, and cultural factors.
(2) Improving the accessibility of anti-poverty programs
and increasing the rate of enrollment in such programs among
eligible children and families by reducing the complexity and
difficulty of enrolling in such programs.
(3) Eliminating disparate rates of child poverty based on
race, ethnicity, gender, and age.
(4) Improving the ability of individuals living in poverty,
low-income individuals, and unemployed individuals to access
quality jobs that help children and their families rise above
poverty.
(5) Connecting low-income children, disconnected youth, and
their families to education, job training, work, and their
communities.
(6) Shifting the measures and policies of Federal anti-
poverty programs from the goal of helping individuals and
families living in poverty to achieve freedom from deprivation
toward the goal of helping such individuals and families rise
above poverty and achieve long-term economic stability.
(c) Methods.--In developing the national plan under subsection (a),
the Working Group shall employ methods for achieving the goals
described in subsections (a) and (b) that include--
(1) entering into an agreement with the National Academy of
Sciences for a workshop series on the economic and social costs
of child poverty, as described in title II;
(2) studying the effect of child poverty on the health and
welfare of children, including the access of children living in
poverty to health care, housing, proper nutrition, and
education;
(3) measuring the effect of child poverty on the ability of
individuals to achieve economic stability, including such
effect on educational attainment, rates of incarceration,
lifetime earnings, access to healthcare, and access to housing;
(4) updating and applying improved measures of poverty that
can meaningfully account for other aspects relating to the
measure of poverty, such as the Supplemental Poverty Measure
used by the United States Census Bureau; and
(5) using and applying fact-based measures to evaluate the
long-term effectiveness of anti-poverty programs, taking into
account the long-term savings and value to the Federal
Government and to State, local, and tribal governments of
practices and policies designed to prevent poverty.
SEC. 15574. OTHER DUTIES.
In addition to developing the national plan under section 15512(a),
the Working Group shall--
(1) monitor, in consultation with the Domestic Policy
Council and the National Economic Council, all Federal
activities, programs, and services related to child welfare and
child poverty;
(2) establish guidelines, policies, goals, and directives
related to the achievement of the goals of the national plan,
in consultation with nongovernmental entities providing social
services to low-income children and families, advocacy groups
that directly represent low-income children and families,
policy experts, and officials of State, local, and tribal
governments who administer or direct policy for anti-poverty
programs;
(3) advise all relevant Federal agencies regarding how to
effectively administer and coordinate programs, activities, and
services related to child welfare and child poverty and how to
resolve any disputes that arise between or among such agencies
as a result of such administration or coordination;
(4) provide recommendations to the Congress regarding how
to ensure that Federal agencies administering programs,
activities, and services related to child welfare and child
poverty have adequate resources to increase public awareness of
such programs, activities, and services and how to maximize
enrollment of eligible individuals;
(5) identify methods for improving communication and
collaboration among and between State and Federal governmental
entities regarding the implementation of State programs related
to child welfare and child poverty, such as State programs
funded under part A of title IV of the Social Security Act
(relating to block grants to States for temporary assistance
for needy families), and submit recommendations regarding such
methods to relevant Federal agencies and congressional
committees; and
(6) hold hearings in different geographic regions of the
United States to collect information and feedback from the
public regarding personal experiences related to child poverty
and anti-poverty programs, and make such information and
feedback publicly available.
SEC. 15575. MEMBERSHIP.
(a) Number of Members.--The Working Group shall be composed of no
less than 6 members.
(b) Executive Pay Rate.--Each member shall be an official of an
executive department who occupies a position for which the rate of pay
is equal to or greater than the rate of pay for level IV of the
Executive Schedule under section 5313 of title 5, United States Code.
(c) Required Participation of Certain Executive Departments.--The
Working Group shall include at least one member who is an official of
each of the following executive departments:
(1) The Department of Justice.
(2) The Department of Agriculture.
(3) The Department of Labor.
(4) The Department of Health and Human Services.
(5) The Department of Housing and Urban Development.
(6) The Department of Education.
(d) Appointment.--Each member shall be appointed by the head of the
executive department that employs such member.
(e) Obtaining Official Data.--On request of the Chairperson, any
head of a Federal agency shall furnish directly to the Working Group
any information necessary to enable the Working Group to carry out this
Act.
(f) Terms.--Each member shall be appointed for the life of the
Working Group.
(g) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(h) Quorum.--A majority of members shall constitute a quorum.
(i) Chairperson.--The Chairperson of the Working Group shall be
appointed by the Secretary of Health and Human Services.
(j) Meetings.--
(1) Initial meeting period.--The Working Group shall meet
on a monthly basis during the 180-day period beginning with the
date on which funds are made available to carry out this Act.
(2) Subsequent meetings.--After such 180-day period, the
Working Group shall meet not less than once every 6 months and
at the call of the Chairperson or a majority of members.
SEC. 15576. DIRECTOR AND STAFF.
(a) Director.--The Working Group shall have a Director who shall be
appointed by the Chairperson.
(b) Staff.--The Director may appoint and fix the pay of additional
personnel as the Director considers appropriate.
(c) Duties.--The duties of the Director and staff shall be to
achieve the goals and carry out the duties of the Working Group.
SEC. 15577. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than September 30, 2021, and annually
thereafter, the Chairperson shall submit to the Congress a report
describing the activities, projects, and plans of the Federal
Government to carry out the goals of the Working Group, which shall
include--
(1) an accounting of--
(A) any increase in efficiency in the delivery of
Federal, State, local, and tribal social services and
benefits related to child welfare and child poverty;
(B) any reduction in the number of children living
in poverty;
(C) any reduction in the demand for such social
services and benefits for which children living in
poverty and near poverty are eligible; and
(D) any savings to the Federal Government as a
result of such increases or reductions;
(2) an accounting of any increase in the national rate of
employment due to the efforts of the Working Group;
(3) a summary of the efforts of each State to reduce child
poverty within such State, including the administration of
State programs funded under part A of title IV of the Social
Security Act (relating to block grants to States for temporary
assistance for needy families); and
(4) legislative language and recommendations regarding
reducing child poverty and achieving the other goals and duties
of the Working Group.
(b) Public Reporting Requirements.--
(1) Annual report available to public.--A version of the
annual report required by subsection (a) shall be made publicly
available.
(2) Annual update from federal agencies.--The head of each
relevant Federal agency shall post on the public internet
website of such agency an annual summary of any plans,
activities, and results of the agency related to the goals and
duties of the Working Group.
CHAPTER 2--WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES
SEC. 15578. REQUIREMENT TO ENTER INTO AGREEMENT WITH NATIONAL ACADEMY
OF SCIENCES.
(a) In General.--Not later than 90 days after the date on which
funds are made available to carry out this Act, the Secretary of Health
and Human Services shall enter into an agreement with the National
Academy of Sciences for 2 public workshops to provide the Working Group
with information to assist in the development of the national plan
under section 15512(a).
(b) Steering Committee.--The agreement under subsection (a) shall
include the creation of a steering committee to plan and conduct such
workshops.
(c) Experts.--The agreement under subsection (a) shall include the
commission of experts to prepare research papers that summarize and
critique literature on the economic and social costs of child poverty.
SEC. 15579. WORKSHOP TOPICS.
The purpose of the workshops required by section 15601(a) shall be
to collect information and input from the public on the economic and
social costs of child poverty, addressing topics that include--
(1) the macroeconomic costs of child poverty, including the
effects of child poverty on productivity and economic output;
(2) the health-related costs of child poverty, including
the costs incurred by the Federal Government and State, local,
and tribal governments due to child illnesses, other child
medical problems, and other child health-related expenditures;
(3) the effect of child poverty on crime rates;
(4) the short-term and long-term effects of child poverty
on the Federal budget, including outlays for anti-poverty
programs;
(5) poverty metrics such as income poverty, food
insecurity, and other measures of deprivation, and the role of
such metrics in assessing the effects of poverty and the
performance of anti-poverty programs;
(6) the effect of child poverty on certain population
groups, including immigrants, single parent families,
individuals who have attained the age of 16 but have not
attained the age of 25 with large student loans, individuals
living in areas of concentrated poverty, and individuals living
on Indian reservations; and
(7) the effect of child poverty on individuals and families
living in extreme poverty, as compared with such effect on
individuals and families living in poverty or near poverty.
SEC. 15580. REPORTING REQUIREMENT.
(a) Research Papers.--The agreement under section 15601(a) shall
include the publication of the research papers required under such
section on the public website of the National Academy of Sciences.
(b) Workshop Summary.--The agreement under section 15601(a) shall
include the publication of a summary of each workshop required under
such section on the public website of the National Academy of Sciences.
SEC. 15581. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 to carry out this
subpart.
CHAPTER 3--DEFINITIONS
SEC. 15582. DEFINITIONS.
In this part:
(1) Anti-poverty program.--The term ``anti-poverty
program'' means a program or institution with the primary goal
of lifting children or families out of poverty and improving
economic opportunities for children or families that operates
in whole or in part using Federal, State, local, or tribal
government funds.
(2) Child.--The term ``child'' means an individual who has
not attained the age of 18.
(3) Deprivation.--The term ``deprivation'' means, with
respect to an individual, that such individual lacks adequate
nutrition, health care, housing, or other resources to provide
for basic human needs.
(4) Disconnected youth.--The term ``disconnected youth''
means individuals who have attained the age of 16 but have not
attained the age of 25 who are unemployed and not enrolled in
school.
(5) Economic stability.--The term ``economic stability''
means, with respect to an individual or family, that such
individual or family has access to the means and support
necessary to effectively cope with adverse or costly life
events and to effectively recover from the consequences of such
events while maintaining a decent standard of living.
(6) Extreme poverty.--The term ``extreme poverty'' means,
with respect to an individual or family, that such individual
or family has a total annual income that is less than the
amount that is 50 percent of the official poverty threshold for
such individual or family, as provided in the report of the
United States Census Bureau on Income, Poverty, and Health
Insurance Coverage in the United States: 2013 (issued in
September 2014).
(7) Federal agency.--The term ``Federal agency'' means an
executive department, a Government corporation, and an
independent establishment.
(8) Near poverty.--The term ``near poverty'' means, with
respect to an individual or family, that such individual or
family has a total annual income that is less than the amount
that is 200 percent of the official poverty threshold for such
individual or family, as provided in the report of the United
States Census Bureau on Income, Poverty, and Health Insurance
Coverage in the United States: 2013 (issued in September 2014).
(9) Poverty.--The term ``poverty'' means, with respect to
an individual or family, that such individual or family has a
total annual income that is less than the amount that is the
official poverty threshold for such individual or family, as
provided in the report of the United States Census Bureau on
Income, Poverty, and Health Insurance Coverage in the United
States: 2013 (issued in September 2014).
Subpart H--Hunger-Free Summers for Children
SEC. 15591. SUMMER SNAP BENEFITS FOR MINOR CHILDREN WHO RECEIVED FREE
OR REDUCED PRICE SCHOOL LUNCHES.
Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(a)) is amended by adding at the end the following:
``The value of the allotment for a participating household that
includes a minor child who as of the end of the school year received
free or reduced price school lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) shall be increased
for each such child by $150 for each month during which the school
attended by such child is not in session.''.
SEC. 15592. CHILD TAX CREDIT INCREASED FOR FAMILIES UNDER 150 PERCENT
OF POVERTY LINE.
(a) In General.--Section 24 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(h) Special Rule for Families Under 150 Percent of Poverty
Line.--
``(1) In general.--In the case of a taxpayer whose adjusted
gross income for the taxable year is less than 150 percent of
an amount equal to the poverty line (as defined by the Office
of Management and Budget) for a family of the size involved,
subsection (a) shall be applied by substituting `$2,000' for
`$1,000'.
``(2) Poverty line used.--For purposes of this subsection,
the poverty line used with respect to a taxable year shall be
the most recently published poverty line during the calendar
year ending before such taxable year begins.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
PART 2--COMMUNITY POLICING
Subpart A--Fair Chance for Youth
SEC. 15601. SHORT TITLE.
This subpart may be cited as the ``Fair Chance for Youth Act of
2020''.
SEC. 15602. EXPUNGEMENT AND SEALING OF YOUTH CRIMINAL RECORDS.
Chapter 229 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER D--EXPUNGEMENT AND SEALING OF YOUTH CRIMINAL RECORDS
``3631. Youth Offense Expungement and Sealing Review Board.
``3632. Expungement and sealing for youth.
``3633. Definitions.
``3634. Reporting.
``Sec. 3631. Youth Offense Expungement and Sealing Review Board
``(a) In General.--The Chief Judge for each Federal District shall
establish--
``(1) a Youth Offense Expungement and Sealing Review Board
(hereinafter in this section referred to as the `Review Board')
to review petitions for discretionary expungement and sealing
of youth offenses; and
``(2) the rules and procedures governing the operation of
the Review Board in the exercise of its powers under subsection
(c).
``(b) Composition.--The Review Board shall include one
representative, selected by the Chief Judge to serve without
compensation, from each of the following:
``(1) The Department of Justice.
``(2) The United States Probation and Pretrial Services
System.
``(3) The Office of the Federal Defender or a designated
Criminal Justice Act panel attorney or private criminal defense
attorney.
``(c) Powers.--The Review Board shall--
``(1) review petitions under this subchapter to determine
whether the youth, and the offense on which the petition is
based, meet the eligibility requirements for expungement or
sealing consideration;
``(2) for petitions meeting the eligibility requirements,
evaluate those petitions on the merits in order to make a
recommendation on the advisability of granting the petition;
and
``(3) convey its recommendation, with a written
explanation, to the Chief Judge in each Federal District, or a
designee of the Chief Judge, for consideration.
``(d) Recommendation.--In making its recommendation, the Review
Board--
``(1) shall consider all the evidence and testimony
presented in the petition and any hearings held on the
petition;
``(2) may not consider any arrest or prosecution that did
not result in a conviction and that took place prior to the
conviction or arrest the petitioner is seeking to expunge or
seal; and
``(3) shall balance--
``(A) the public safety, the interest of public
knowledge, and any legitimate interest of the
Government in maintaining the accessibility of the
protected information; against
``(B) the interest of the petitioner in having the
petition granted, including the benefit to the
petition's ability to positively contribute to the
community, and the petitioner's conduct and
demonstrated desire to be rehabilitated.
``(e) Court To Consider and Decide Upon Petitions.--The Court shall
consider and decide upon each petition for which the court receives a
recommendation from the Review Board. The Court's decision to grant or
deny the petition shall give significant weight to the Review Board
recommendation. The Court shall grant the petition unless the
Government shows the interests described in subsection (d)(3)(A)
outweigh the interests of the petitioner described in subsection
(d)(3)(B).
``(f) One Opportunity.--A youth may only file a petition for
expungement or sealing under this subchapter once and the decision of
the district court on the petition shall be final and is not
appealable.
``(g) Online Forms for Petitions.--The Director of the
Administrative Office of the United States Courts shall create and make
available to the public, online and in paper form, a universal form to
file a petition under this section, and establish a process under which
indigent petitioners may obtain a waiver of any fee for filing a
petition under this section.
``(h) Making Available Standard Forms for Court Orders.--The
Director of the Administrative Office of the United States Courts shall
create and make available to the Chief Judge of every Federal district
standard expungement and sealing orders that empower the petitioner to
seek destruction of records in accordance with the order.
``Sec. 3632. Expungement and sealing for youth
``(a) Expungement Petition Eligibility.--A youth may petition a
district court of the United States for expungement--
``(1) of the record of any misdemeanor or nonviolent felony
drug conviction 3 years after the youth has completed every
term of imprisonment related to that misdemeanor or nonviolent
felony drug conviction;
``(2) of the record of any person who has not attained the
age of 18 at the time of committing the conduct resulting in
conviction for any misdemeanor or nonviolent offense 3 years
after the person has completed every term of imprisonment
related to that misdemeanor or nonviolent offense conviction;
and
``(3) of the record of an arrest or prosecution for any
nonviolent offense on the date on which the case related to
that arrest or prosecution is disposed of.
``(b) Sealing Petition Eligibility.--A youth may petition a
district court of the United States, for sealing--
``(1) of the record of any nonviolent conviction 5 years
after the youth has completed every term of imprisonment
related to that nonviolent conviction;
``(2) of the record of any person who has not attained the
age of 18 at the time of committing the conduct resulting in
conviction for any offense 10 years after the person has
completed every term of imprisonment related to that offense
conviction; and
``(3) of the record of an arrest or prosecution for any
nonviolent offense on the date on which the case related to
that arrest or prosecution is disposed of.
``(c) Notice of Opportunity To File Petition.--A youth shall be
informed of the eligibility to, procedures for, and benefits of filing
an expungement or sealing petition--
``(1) by the District Court on the date of conviction;
``(2) by the Office of Probation and Pretrial Services on
the date the youth completes every term of imprisonment; or
``(3) if the arrest or prosecution does not result in a
conviction, then by the Department of Justice on the date the
case is disposed of.
``(d) Grant of Petition.--If a court grants a petition under this
section--
``(1) the person to whom the record pertains may choose to,
but is not required to, disclose the existence of the record,
and the offense conduct and any arrest, juvenile delinquency
proceeding, adjudication, conviction, or other result of such
proceeding relating to the offense conduct, shall be treated as
if it never occurred;
``(2) the court shall destroy each paper and electronic
copy of the record in the possession of the court;
``(3) the court shall issue an expungement or sealing order
requiring the destruction of any paper and electronic copies of
the record by any court, law enforcement officer, law
enforcement agency, treatment or rehabilitation services
agency, or employee thereof in possession of those copies;
``(4) any entity or person listed in paragraph (3) that
receives an inquiry relating to the record shall reply to the
inquiry stating that no such record exists; and
``(5) except as provided in subsection (f), no person shall
not be subject to prosecution under any civil or criminal
provision of Federal or State law relating to perjury, false
swearing, or making a false statement for failing to
acknowledge the record or respond to any inquiry made of the of
petitioner or the parent relating to the record, for any
purpose.
``(e) Civil Actions.--
``(1) In general.--If an individual who has a record
expunged or sealed under this section brings an action that
might be defended with the contents of the record, there shall
be a rebuttable presumption that the defendant has a complete
defense to the action.
``(2) Showing by plaintiff.--In an action described in
paragraph (1), the plaintiff may rebut the presumption of a
complete defense by showing that the contents of the record
would not prevent the defendant from being liable.
``(3) Duty to testify as to existence of record.--The court
in which an action described in paragraph (1) is filed may
require the plaintiff to state under oath whether the plaintiff
had a record and whether the record was expunged or sealed.
``(4) Proof of existence of record.--If the plaintiff in an
action described in paragraph (1) denied the existence of a
record, the defendant may prove the existence of the record in
any manner compatible with the applicable laws of evidence.
``(f) Attorney General Nonpublic Records.--The Attorney General
shall--
``(1) maintain a nonpublic database of all records expunged
or sealed under this subchapter;
``(2) disclose, access, or utilize records contained in the
nonpublic database only--
``(A) in defense of any civil suit arising out of
the facts contained in the record;
``(B) to determine whether the individual to whom
the record relates is eligible for a first-time-
offender diversion program;
``(C) for a background check that relates to law
enforcement employment or any employment that requires
a Government security clearance; or
``(D) if the Attorney General determines that
disclosure is necessary to serve the interests of
national security; and
``(3) to the extent practicable, notify the individual to
whom the record pertains of the disclosure unless it is made
pursuant to paragraph (2)(D).
``Sec. 3633. Definitions
``In this subchapter--
``(1) the term `youth' means an individual who was 21 years
of age or younger at the time of the criminal offense for which
the individual was arrested, prosecuted, or sentenced;
``(2) the term `nonviolent felony' means a Federal criminal
felony offense that is not--
``(A) a crime of violence; or
``(B) a sex offense (as that term is defined in
section 111 of the Sex Offender Registration and
Notification Act);
``(3) the term `record' means information, whether in paper
or electronic form, containing any reference to--
``(A) an arrest, conviction, or sentence of an
individual for an offense;
``(B) the institution of juvenile delinquency or
criminal proceedings against an individual for the
offense; or
``(C) adjudication, conviction, or any other result
of juvenile delinquency or criminal proceedings;
``(4) the term `expunge'--
``(A) means to destroy a record and obliterate the
name of the person to whom the record pertains from
each official index or public record; and
``(B) has the effect described in section 3631(g),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, conviction, or other result of
such proceeding relating to the offense, as if
it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(5) the term `seal'--
``(A) means--
``(i) to close a record from public viewing
so that the record cannot be examined except by
court order; and
``(ii) to physically seal the record shut
and label the record `SEALED' or, in the case
of an electronic record, the substantive
equivalent; and
``(B) has the effect described in section 3631(g),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, conviction, or other result of
such proceeding relating to the offense, as if
it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(6) the term `conviction'--
``(A) means a judgment or disposition in criminal
court against a person following a finding of guilt by
a judge or jury; and
``(B) for the purposes of this section--
``(i) multiple convictions shall be deemed
to be one conviction if the convictions result
from or relate to the same act or acts
committed at the same time; and
``(ii) multiple convictions, not to exceed
3, that do not result from or relate to the
same act or acts committed at the same time
shall be deemed to be one conviction if the
convictions result from or relate to the same
indictment, information, or complaint, or plea
of guilty; and
``(7) the term `destroy' means to render a file unreadable,
whether paper, electronic, or otherwise stored, by shredding,
pulverizing, pulping, incinerating, overwriting, reformatting
the media, or other means.
``Sec. 3634. Reporting
``Not later than 2 years after the date of enactment of this
subchapter, and each year thereafter, the Attorney General shall issue
a public report that--
``(1) describes--
``(A) the number of expungement and sealing
petitions granted and denied; and
``(B) the number of instances in which the office
of a United States attorney supported or opposed an
expungement or sealing petition; and
``(2) includes any supporting data that the court
determines relevant but does not name any petitioner.''.
SEC. 15603. RETROACTIVE EFFECT.
This subpart and the amendments made by this subpart apply with
respect to youth without regard to whether they become involved in the
Federal criminal justice system before, on, or after the date of the
enactment of this Act.
Subpart B--Youth Prison Reduction Through Opportunities, Mentoring,
Intervention, Support, and Education
SEC. 15611. SHORT TITLE.
This subpart may be cited as the ``Youth Prison Reduction through
Opportunities, Mentoring, Intervention, Support, and Education Act'' or
the ``Youth PROMISE Act''.
SEC. 15612. DEFINITIONS.
In this subpart:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention.
(2) Community.--The term ``community'' means a unit of
local government or an Indian tribe, or part of such a unit or
tribe, as determined by such a unit or tribe for the purpose of
applying for a grant under this Act.
(3) Designated geographic area.--The term ``designated
geographic area'' means a 5-digit postal ZIP Code assigned to a
geographic area by the United States Postal Service.
(4) Evidence-based.--
(A) In general.--The term ``evidence-based'', when
used with respect to a practice relating to juvenile
delinquency and criminal street gang activity
prevention and intervention, means a practice
(including a service, program, activity, intervention,
technology, or strategy) for which the Administrator
has determined--
(i) causal evidence documents a
relationship between the practice and its
intended outcome, based on measures of the
direction and size of a change, and the extent
to which a change may be attributed to the
practice; and
(ii) the use of scientific methods rules
out, to the extent possible, alternative
explanations for the documented change.
(B) Scientific methods.--For the purposes of
subparagraph (A), the term ``scientific methods''
means--
(i) evaluation by an experimental trial, in
which participants are randomly assigned to
participate in the practice that is subject to
such trial; or
(ii) evaluation by a quasi-experimental
trial, in which the outcomes for participants
are compared with outcomes for a control group
that is made up of individuals who are similar
to such participants.
(5) Intervention.--The term ``intervention'' means the
provision of programs and services that are supported by
research, are evidence-based or promising practices, and are
provided to youth who are involved in, or who are identified by
evidence-based risk assessment methods as being at high risk of
continued involvement in, juvenile delinquency or criminal
street gangs, as a result of indications that demonstrate
involvement with problems such as truancy, substance abuse,
mental health treatment needs, or siblings who have had
involvement with juvenile or criminal justice systems.
(6) Juvenile delinquency and criminal street gang activity
prevention.--The term ``juvenile delinquency and criminal
street gang activity prevention'' means the provision of
programs and resources to children and families who have not
yet had substantial contact with criminal justice or juvenile
justice systems, that--
(A) are designed to reduce potential juvenile
delinquency and criminal street gang activity risks;
and
(B) are evidence-based or promising educational,
health, mental health, school-based, community-based,
faith-based, parenting, job training, social
opportunities and experiences, or other programs, for
youth and their families, that have been demonstrated
to be effective in reducing juvenile delinquency and
criminal street gang activity risks.
(7) Promising.--The term ``promising'', when used with
respect to a practice relating to juvenile delinquency and
criminal street gang activity prevention and intervention,
means a practice (including a service, program, activity,
intervention, technology, or strategy) that, based on
statistical analyses or a theory of change, the Administrator
has determined--
(A) has outcomes from an evaluation that
demonstrate such practice reduces juvenile delinquency
and criminal street gang activity; and
(B) is part of a study being conducted to determine
if such a practice is evidence-based.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, the Northern
Mariana Islands, and any other territories or possessions of
the United States.
(9) Theory of change.--The term ``theory of change'' means
a program planning strategy approved by the Administrator that
outlines the types of interventions and outcomes essential to
achieving a set of program goals.
(10) Youth.--The term ``youth'' means--
(A) an individual who is 18 years of age or
younger; or
(B) in any State in which the maximum age at which
the juvenile justice system of such State has
jurisdiction over individuals exceeds 18 years of age,
an individual who is such maximum age or younger.
SEC. 15613. FINDINGS.
The Congress finds as follows:
(1) Youth gang crime has taken a toll on a number of
communities, and senseless acts of gang-related violence have
imposed economic, social, and human costs.
(2) Drug- and alcohol-dependent youth, and youth dually
diagnosed with addiction and mental health disorders, are more
likely to become involved with the juvenile justice system than
youth without such risk factors, absent appropriate prevention
and intervention services.
(3) Children of color are over-represented relative to the
general population at every stage of the juvenile justice
system. Black youth are 17 percent of the United States
population, but represent 38 percent of youth in secure
placement juvenile facilities, and 58 percent of youth
incarcerated in adult prisons.
(4) Research funded by the Department of Justice indicates
that gang membership is short-lived among adolescents. With
very few youth remaining gang-involved throughout their
adolescent years, ongoing opportunities for intervention exist.
(5) Criminal justice costs have become burdensome in many
States and cities, requiring reductions in vital educational,
social, welfare, mental health, and related services.
(6) Direct expenditures for each of the major criminal
justice functions, police, corrections, and judicial services,
have increased steadily over the last 30 years. In fiscal year
2012, Federal, State, and local governments spent an estimated
$265,000,000,000 for police protection, corrections, and
judicial and legal services, nearly a 213-percent increase
since 1982.
(7) Estimates suggest that each year the United States
incurs over $8,000,000,000 in long-term costs for the
confinement of young people. The average annual cost to
incarcerate one youth is $146,302.
(8) Coordinated efforts of stakeholders in the juvenile
justice system in a local community, together with other
organizations and community members concerned with the safety
and welfare of children, have a strong record of demonstrated
success in reducing the impact of youth and gang-related crime
and violence, as demonstrated in Boston, Massachusetts;
Chicago, Illinois; Richmond, Virginia; Los Angeles, California;
and other communities.
(9) Investment in prevention and intervention programs for
children and youth, including quality early childhood programs,
comprehensive evidence-based school, after school, and summer
school programs, mentoring programs, mental health and
treatment programs, evidence-based job training programs, and
alternative intervention programs, has been shown to lead to
decreased youth arrests, decreased delinquency, lower
recidivism, and greater financial savings from an educational,
economic, social, and criminal justice perspective.
(10) Quality early childhood education programs have been
demonstrated to help children start school ready to learn and
to reduce delinquency and criminal street gang activity risks.
(11) Evidence-based mentoring programs have been shown to
prevent youth drug abuse and violence.
(12) Evidence-based school-based comprehensive
instructional programs that pair youth with responsible adult
mentors have been shown to have a strong impact upon
delinquency prevention.
(13) After-school programs that connect children to caring
adults and that provide constructive activities during the peak
hours of juvenile delinquency and criminal street gang
activity, between 3 p.m. and 6 p.m., have been shown to reduce
delinquency and the attendant costs imposed on the juvenile and
criminal justice systems.
(14) States with higher levels of educational attainment
have been shown to have crime rates lower than the national
average. Researchers have found that a 5-percent increase in
male high school graduation rates would produce an annual
estimated savings of $18,500,000,000 in crime-related expenses.
(15) Therapeutic programs that engage and motivate high-
risk youth and their families to change behaviors that often
result in criminal activity have been shown to significantly
reduce recidivism among juvenile offenders, and significantly
reduce the attendant costs of crime and delinquency imposed
upon the juvenile and criminal justice systems.
(16) Comprehensive programs that target kids who are
already serious juvenile offenders by addressing the multiple
factors in peer, school, neighborhood, and family environments
known to be related to delinquency can reduce recidivism among
juvenile offenders and save the public significant economic
costs.
(17) There are many alternatives to incarceration of youth
that have been proven to be more effective in reducing crime
and violence at the National, State, local, and tribal levels,
and the failure to provide for such effective alternatives is a
pervasive problem that leads to increased youth, and later
adult, crime and violence.
(18) Savings achieved through early intervention and
prevention are significant, especially when noncriminal justice
social, educational, mental health, and economic outcomes are
considered.
(19) The prevention of child abuse and neglect can help
stop a cycle of violence and save up to $5.00 for every $1.00
invested in preventing such abuse and neglect.
(20) Targeting interventions at special youth risk groups
and focusing upon relatively low-cost interventions increases
the probability of fiscal benefit.
(21) Evidence-based intervention treatment facilities have
been shown to reduce youth delinquency and to be cost-
effective.
(22) States, including Wisconsin, Ohio, New York, Texas,
and Pennsylvania, have seen a reduction in juvenile
incarceration due to a reallocation of criminal justice funds
towards prevention programs.
CHAPTER 1--FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE
INFORMATION AND EFFORTS
SEC. 15614. PROMISE ADVISORY PANEL.
(a) Organization of State Advisory Group Member Representatives.--
Section 223(f) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633(f)) is amended--
(1) in paragraph (1), by striking ``an eligible
organization composed of member representatives of the State
advisory groups appointed under subsection (a)(3)'' and
inserting ``a nonpartisan, nonprofit organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986,''; and
(2) by amending paragraph (2) to read as follows:
``(2) Assistance.--To be eligible to receive such
assistance, such organization shall--
``(A) be governed by individuals who--
``(i) have been appointed by a chief
executive of a State to serve as a State
advisory group member under subsection (a)(3);
and
``(ii) are elected to serve as a governing
officer of such organization by a majority of
the Chairs (or Chair-designees) of all such
State advisory groups;
``(B) include member representatives from a
majority of such State advisory groups, who shall be
representative of regionally and demographically
diverse States and jurisdictions;
``(C) annually seek appointments by the chief
executive of each State of one State advisory group
member and one alternate State advisory group member
from each such State to implement the advisory
functions specified in clauses (iv) and (v) of
subparagraph (D), including serving on the PROMISE
Advisory Panel, and make a record of any such
appointments available to the public; and
``(D) agree to carry out activities that include--
``(i) conducting an annual conference of
such member representatives for purposes
relating to the activities of such State
advisory groups;
``(ii) disseminating information, data,
standards, advanced techniques, and program
models;
``(iii) reviewing Federal policies
regarding juvenile justice and delinquency
prevention;
``(iv) advising the Administrator with
respect to particular functions or aspects of
the work of the Office, and appointing a
representative, diverse group of members of
such organization under subparagraph (C) to
serve as an advisory panel of State juvenile
justice advisors (referred to as the `PROMISE
Advisory Panel') to carry out the functions
specified in subsection (g); and
``(v) advising the President and Congress
with regard to State perspectives on the
operation of the Office and Federal legislation
pertaining to juvenile justice and delinquency
prevention.''.
(b) PROMISE Advisory Panel.--Section 223 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is further
amended by adding at the end the following new subsection:
``(g) PROMISE Advisory Panel.--
``(1) Functions.--The PROMISE Advisory Panel required under
subsection (f)(2)(D) shall--
``(A) assess successful evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention carried out by PROMISE Coordinating
Councils under such Act;
``(B) provide the Administrator with a list of
individuals and organizations with experience in
administering or evaluating practices that serve youth
involved in, or at risk of involvement in, juvenile
delinquency and criminal street gang activity, from
which the Administrator shall select individuals who
shall--
``(i) provide to the Administrator peer
reviews of applications submitted by units of
local government and Indian tribes pursuant to
title II of such Act, to ensure that such
applications demonstrate a clear plan to--
``(I) serve youth as part of an
entire family unit; and
``(II) coordinate the delivery of
service to youth among agencies; and
``(ii) advise the Administrator with
respect to the award and allocation of PROMISE
Planning grants to local and tribal governments
that develop PROMISE Coordinating Councils, and
of PROMISE Implementation grants to such
PROMISE Coordinating Councils, pursuant to
title II of such Act; and
``(C) develop performance standards to be used to
evaluate programs and activities carried out with
grants under title II of the Youth PROMISE Act,
including the evaluation of changes achieved as a
result of such programs and activities related to
decreases in juvenile delinquency and criminal street
gang activity, including--
``(i) prevention of involvement by at-risk
youth in juvenile delinquency or criminal
street gang activity;
``(ii) diversion of youth with a high risk
of continuing involvement in juvenile
delinquency or criminal street gang activity;
and
``(iii) financial savings from deferred or
eliminated costs, or other benefits, as a
result of such programs and activities, and the
reinvestment by the unit or tribe of any such
savings.
``(2) Annual report.--Not later than 18 months after the
date of the enactment of the Youth PROMISE Act, and annually
thereafter, the PROMISE Advisory Panel shall prepare a report
containing the findings and determinations under paragraph
(1)(A) and shall submit such report to Congress, the President,
the Attorney General, and the chief executive and chief law
enforcement officer of each State, unit of local government,
and Indian tribe.''.
(c) Authorization of Appropriations.--Section 299(a)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5671(a)(1)) is amended by striking ``2003, 2004, 2005, 2006, and 2007''
and inserting ``2021 through 2024''.
SEC. 15615. GEOGRAPHIC ASSESSMENT OF RESOURCE ALLOCATION.
(a) Grant for Collection of Data To Determine Need.--Subject to the
availability of appropriations, the Administrator shall award a grant,
on a competitive basis, to an organization to--
(1) collect and analyze data related to the existing
juvenile delinquency and criminal street gang activity
prevention and intervention needs and resources in each
designated geographic area;
(2) use the data collected and analyzed under paragraph (1)
to compile a list of designated geographic areas that have the
most need of resources, based on such data, to carry out
juvenile delinquency and criminal street gang activity
prevention and intervention;
(3) use the data collected and analyzed under paragraph (1)
to rank the areas listed under paragraph (2) in descending
order by the amount of need for resources to carry out juvenile
delinquency and criminal street gang activity prevention and
intervention, ranking the area with the greatest need for such
resources highest; and
(4) periodically update the list and rankings under
paragraph (3) as the Administrator determines to be
appropriate.
(b) Data Sources.--In compiling such list and determining such
rankings, the organization shall collect and analyze data relating to
juvenile delinquency and criminal street gang activity prevention and
intervention--
(1) using the geographic information system and web-based
mapping application known as the Socioeconomic Mapping and
Resource Topography (SMART) system;
(2) from the Department of Health and Human Services, the
Department of Labor, the Department of Housing and Urban
Development, and the Department of Education; and
(3) from the annual KIDS Count Data Book and other data
made available by the KIDS Count initiative of the Annie E.
Casey Foundation.
(c) Use of Data by the Administrator.--The list and rankings
required by this section shall be provided to the Administrator to be
used to provide funds under this Act in the most strategic and
effective manner to ensure that resources and services are provided to
youth in the communities with the greatest need for such resources and
services.
(d) Limitation on Use of Collected Data.--The information collected
and analyzed under this section may not be used for any purpose other
than to carry out the purposes of this Act. Such information may not be
used for any purpose related to the investigation or prosecution of any
person, or for profiling of individuals based on race, ethnicity,
socio-economic status, or any other characteristic.
(e) Authorization of Appropriations.-- There are authorized to be
appropriated to carry out this chapter--
(1) $100,000,000 for each of fiscal years 2022 through
2026;
(2) for fiscal year 2022, not more than 5 percent of such
amount, or $1,000,000, whichever is less, shall be made
available to carry out this section; and
(3) for fiscal years 2022 through 2025, not more than 2
percent of such amount, or $400,000, whichever is less, shall
be made available to carry out this section.
CHAPTER 2--PROMISE GRANTS
SEC. 15616. PURPOSES.
The purposes of the grant programs established under this chapter
are to--
(1) enable local and tribal communities to assess the unmet
needs of youth who are involved in, or are at risk of
involvement in, juvenile delinquency or criminal street gangs;
(2) develop plans appropriate for a community to address
those unmet needs with juvenile delinquency and gang prevention
and intervention practices; and
(3) implement and evaluate such plans in a manner
consistent with this Act.
Subchapter A--PROMISE Assessment and Planning Grants
SEC. 15617. PROMISE ASSESSMENT AND PLANNING GRANTS AUTHORIZED.
(a) Grants Authorized.--The Administrator is authorized to award
grants to units of local government and Indian tribes to assist PROMISE
Coordinating Councils with planning and assessing evidence-based and
promising practices relating to juvenile delinquency and criminal
street gang activity prevention and intervention, especially for youth
who are involved in, or who are at risk of involvement in, juvenile
delinquency and criminal street gang activity. Such PROMISE
Coordinating Councils shall--
(1) conduct an objective needs and strengths assessment in
accordance with section 15603; and
(2) develop a PROMISE Plan in accordance with section 204,
based on the assessment conducted in accordance with section
15603.
(b) Grant Duration, Amount, and Allocation.--
(1) Duration.--A grant awarded under this section shall be
for a period not to exceed one year.
(2) Maximum grant amount.--A grant awarded under this
section shall not exceed $300,000.
(c) Allocation.--
(1) Minimum allocation.--Subject to the availability of
appropriations, the Administrator shall ensure that the total
funds allocated under this section to units of local
governments and Indian tribes in a State shall not be less than
$1,000,000.
(2) Ratable reduction.--If the amount made available for
grants under this section for any fiscal year is less than the
amount required to provide the minimum allocation of funds
under paragraph (1) to units of local government and Indian
tribes in each State, then the amount of such minimum
allocation shall be ratably reduced.
SEC. 15618. PROMISE COORDINATING COUNCILS.
To be eligible to receive a grant under this subpart, a unit of
local government or an Indian tribe shall establish a PROMISE
Coordinating Council for each community of such unit or tribe,
respectively, for which such unit or tribe is applying for a grant
under this subpart. Each such community shall include one or more
designated geographic areas identified on the list required under
section 15512(a)(2). The members of such a PROMISE Coordinating Council
shall be representatives of public and private sector entities and
individuals that--
(1) shall include, to the extent possible, at least one
representative from each of the following:
(A) the local chief executive's office;
(B) a local educational agency;
(C) a local health agency or provider;
(D) a local mental health agency or provider,
unless the representative under subparagraph (C) also
meets the requirements of this subparagraph;
(E) a local public housing agency;
(F) a local law enforcement agency;
(G) a local child welfare agency;
(H) a local juvenile court;
(I) a local juvenile prosecutor's office;
(J) a private juvenile residential care entity;
(K) a local juvenile public defender's office;
(L) a State juvenile correctional entity;
(M) a local business community representative; and
(N) a local faith-based community representative;
(2) shall include two representatives from each of the
following:
(A) parents who have minor children, and who have
an interest in the local juvenile or criminal justice
systems;
(B) youth between the ages of 15 and 24 who reside
in the jurisdiction of the unit or tribe; and
(C) members from nonprofit community-based
organizations that provide effective delinquency
prevention and intervention to youth in the
jurisdiction of the unit or tribe; and
(3) may include other members, as the unit or tribe
determines to be appropriate.
SEC. 15619. NEEDS AND STRENGTHS ASSESSMENT.
(a) Assessment.--Each PROMISE Coordinating Council receiving funds
from a unit of local government or Indian tribe under this subpart
shall conduct an objective strengths and needs assessment of the
resources of the community for which such PROMISE Coordinating Council
was established, to identify the unmet needs of youth in the community
with respect to evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention. The PROMISE Coordinating Council shall consult with a
research partner receiving a grant under section 15702 for assistance
with such assessment. Such assessment shall include, with respect to
the community for which such PROMISE Coordinating Council was
established--
(1) the number of youth who are at-risk of involvement in
juvenile delinquency or street gang activity;
(2) the number of youth who are involved in juvenile
delinquency or criminal street gang activity, including the
number of such youth who are at high risk of continued
involvement;
(3) youth unemployment rates during the summer;
(4) the number of individuals on public financial
assistance (including a breakdown of the numbers of men, women,
and children on such assistance);
(5) the estimated number of youth who are chronically
truant;
(6) the number of youth who have dropped out of school in
the previous year;
(7) for the year before such assessment, the estimated
total amount expended (by the community and other entities) for
the incarceration of offenders who were convicted or
adjudicated delinquent for an offense that was committed in
such community, including amounts expended for the
incarceration of offenders in prisons, jails, and juvenile
facilities that are located in the United States but are not
located in such community;
(8) a comparison of the amount under paragraph (7) with an
estimation of the amount that would be expended for the
incarceration of offenders described in such paragraph if the
number of offenders described in such paragraph was equal to
the national average incarceration rate per 100,000 population;
(9) a description of evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity prevention available for youth in the community,
including school-based programs, after school programs
(particularly programs that have activities available for youth
between 3 p.m. and 6 p.m. in the afternoon), weekend activities
and programs, youth mentoring programs, faith and community-
based programs, summer activities, and summer jobs, if any; and
(10) a description of evidence-based and promising
intervention practices available for youth in the community.
(b) Limitation on Use of Assessment Information.--Information
gathered pursuant to this section may be used for the sole purpose of
developing a PROMISE Plan in accordance with this subpart.
SEC. 15620. PROMISE PLAN COMPONENTS.
(a) In General.--Each PROMISE Coordinating Council receiving funds
from a unit of local government or Indian tribe under this subpart
shall develop a PROMISE Plan to provide for the coordination of, and,
as appropriate, to support the delivery of, evidence-based and
promising practices related to juvenile delinquency and criminal street
gang activity prevention and intervention to youth and families who
reside in the community for which such PROMISE Coordinating Council was
established. Such a PROMISE Plan shall--
(1) include the strategy by which the PROMISE Coordinating
Council plans to prioritize and allocate resources and services
toward the unmet needs of youth in the community, consistent
with the needs and available resources of communities with the
greatest need for assistance, as determined pursuant to section
15615;
(2) include a combination of evidence-based and promising
prevention and intervention practices that are responsive to
the needs of the community; and
(3) ensure that cultural and linguistic needs of the
community are met.
(b) Mandatory Components.--Each PROMISE Plan shall--
(1) include a plan to connect youth identified in
paragraphs (1) and (2) of section 15619(a) to evidence-based
and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention;
(2) identify the amount or percentage of local funds that
are available to the PROMISE Coordinating Council to carry out
the PROMISE Plan;
(3) provide strategies to improve indigent defense delivery
systems, with particular attention given to groups of children
who are disproportionately represented in the State delinquency
system and Federal criminal justice system, as compared to the
representation of such groups in the general population of the
State;
(4) provide for training (which complies with the American
Bar Association Juvenile Justice Standards for the
representation and care of youth in the juvenile justice
system) of prosecutors, defenders, probation officers, judges
and other court personnel related to issues concerning the
developmental needs, challenges, and potential of youth in the
juvenile justice system (including training related to
adolescent development and mental health issues, and the
expected impact of evidence-based practices and cost reduction
strategies);
(5) ensure that the number of youth involved in the
juvenile delinquency and criminal justice systems does not
increase as a result of the activities undertaken with the
funds provided under this subpart;
(6) describe the coordinated strategy that will be used by
the PROMISE Coordinating Council to provide at-risk youth with
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention;
(7) propose the performance evaluation process to be used
to carry out section 15622(d), which shall include performance
measures to assess efforts to address the unmet needs of youth
in the community with evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity prevention and intervention; and
(8) identify the research partner the PROMISE Coordinating
Council will use to obtain information on evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention, and
for the evaluation under section 15622(d) of the results of the
activities carried out with funds under this subpart.
(c) Voluntary Components.--In addition to the components under
subsection (b), a PROMISE Plan may include evidence-based or promising
practices related to juvenile delinquency and criminal street gang
activity prevention and intervention in the following categories:
(1) Early childhood development services (such as prenatal
and neonatal health services), early childhood prevention,
voluntary home visiting programs, nurse-family partnership
programs, parenting and healthy relationship skills training,
child abuse prevention programs, Early Head Start, and Head
Start.
(2) Child protection and safety services (such as foster
care and adoption assistance programs), family stabilization
programs, child welfare services, and family violence
intervention programs.
(3) Youth and adolescent development services, including
job training and apprenticeship programs, job placement and
retention training, education and after school programs (such
as school programs with shared governance by students,
teachers, and parents, and activities for youth between the
hours of 3 p.m. and 6 p.m. in the afternoon), mentoring
programs, conflict resolution skills training, sports, arts,
life skills, employment and recreation programs, summer jobs,
and summer recreation programs, and alternative school
resources for youth who have dropped out of school or
demonstrate chronic truancy.
(4) Health and mental health services, including cognitive
behavioral therapy, play therapy, and peer mentoring and
counseling.
(5) Substance abuse counseling and treatment services,
including harm-reduction strategies.
(6) Emergency, transitional, and permanent housing
assistance (such as safe shelter and housing for runaway and
homeless youth).
(7) Targeted gang prevention, intervention, and exit
services such as tattoo removal, successful models of anti-gang
crime outreach programs (such as ``street worker'' programs),
and other criminal street gang truce or peacemaking activities.
(8) Training and education programs for pregnant teens and
teen parents.
(9) Restorative justice programs.
(10) Alternatives to detention and confinement programs
(such as mandated participation in community service,
restitution, counseling, and intensive individual and family
therapeutic approaches).
(11) Prerelease, postrelease, and reentry services to
assist detained and incarcerated youth with transitioning back
into and reentering the community.
SEC. 15621. AUTHORIZATION OF APPROPRIATIONS.
For fiscal years 2021 through 2025, of the amount made available
under section 15624 to carry out this Act for any fiscal year, not more
than 15 percent shall be made available to carry out this subpart.
Subchapter B--PROMISE Implementation Grants
SEC. 15622. PROMISE IMPLEMENTATION GRANTS AUTHORIZED.
(a) PROMISE Implementation Grants Authorized.--The Administrator of
the Office of Juvenile Justice and Delinquency Prevention is authorized
to award grants to units of local government and Indian tribes to
assist PROMISE Coordinating Councils with implementing PROMISE Plans
developed pursuant to subchapter A.
(b) Grant Duration and Amount.--
(1) Duration.--A grant awarded under this subpart shall be
for a 3-year period.
(2) Maximum grant amount.--A grant awarded under this
subpart shall not be for more than $10,000,000 per year for
each year of the grant period.
(c) Non-Federal Funds Required.--For each fiscal year during the 3-
year grant period for a grant under this subpart, each unit of local
government or Indian tribe receiving such a grant for a PROMISE
Coordinating Council shall provide, from non-Federal funds, in cash or
in kind, 25 percent of the costs of the activities carried out with
such grant.
(d) Evaluation.--Of any funds provided to a unit of local
government or an Indian tribe for a grant under this subpart, not more
than $100,000 shall be used to provide a contract to a competitively
selected organization to assess the progress of the unit or tribe in
addressing the unmet needs of youth in the community, in accordance
with the performance measures under section 15620(b)(7).
SEC. 15623. PROMISE IMPLEMENTATION GRANT APPLICATION REQUIREMENTS.
(a) Application Required.--To be eligible to receive a PROMISE
Implementation grant under this subpart, a unit of local government or
Indian tribe that received a PROMISE Assessment and Planning grant
under subchapter A shall submit an application to the Administrator of
the Office of Juvenile Justice and Delinquency Prevention not later
than 1 year after the date such unit of local government or Indian
tribe was awarded such grant under subchapter A, in such manner, and
accompanied by such information, as the Administrator, after
consultation with the organization under section 223(f)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(f)(1)), may require.
(b) Contents of Application.--Each application submitted under
subsection (a) shall--
(1) identify potential savings from criminal justice costs,
public assistance costs, and other costs avoided by utilizing
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention;
(2) document--
(A) investment in evidence-based and promising
practices related to juvenile delinquency and criminal
street gang activity prevention and intervention to be
provided by the unit of local government or Indian
tribe;
(B) the activities to be undertaken with the grants
funds;
(C) any expected efficiencies in the juvenile
justice or other local systems to be attained as a
result of implementation of the programs funded by the
grant; and
(D) outcomes from such activities, in terms of the
expected numbers related to reduced criminal activity;
(3) describe how savings sustained from investment in
prevention and intervention practices will be reinvested in the
continuing implementation of the PROMISE Plan; and
(4) provide an assurance that the local fiscal contribution
with respect to evidence-based and promising practices related
to juvenile delinquency and criminal street gang activity
prevention and intervention in the community for which the
PROMISE Coordinating Council was established for each year of
the grant period will not be less than the local fiscal
contribution with respect to such practices in the community
for the year preceding the first year of the grant period.
SEC. 15624. GRANT AWARD GUIDELINES.
(a) Selection and Distribution.--Grants awarded under this subpart
shall be awarded on a competitive basis. The Administrator shall--
(1) take such steps as may be necessary to ensure that
grants are awarded to units of local governments and Indian
tribes in areas with the highest concentrations of youth who
are--
(A) at risk of involvement in juvenile delinquency
or criminal street gang activity; and
(B) involved in juvenile delinquency or street gang
activity and who are at high-risk of continued
involvement; and
(2) give consideration to the need for grants to be awarded
to units of local governments and Indian tribes in each region
of the United States, and among urban, suburban, and rural
areas.
(b) Extension of Grant Award.--The Administrator may extend the
grant period under section 15622(b)(1) for a PROMISE Implementation
grant to a unit of local government or an Indian tribe, in accordance
with regulations issued by the Administrator.
(c) Renewal of Grant Award.--Subject to the availability of
appropriations, the Administrator may renew a PROMISE Implementation
grant to a unit of local government or an Indian tribe to provide such
unit or tribe with additional funds to continue implementation of a
PROMISE Plan. Such a renewal--
(1) shall be initiated by an application for renewal from a
unit of local government or an Indian tribe;
(2) shall be carried out in accordance with regulations
issued by the Administrator; and
(3) shall not be granted unless the Administrator
determines such a renewal to be appropriate based on the
results of the evaluation conducted under section 15623(a) with
respect to the community of such unit or tribe for which a
PROMISE Coordinating Council was established, and for which
such unit or tribe is applying for renewal.
SEC. 15625. REPORTS.
Not later than 1 year after the end of the grant period for which a
unit of local government or an Indian tribe receives a PROMISE
Implementation grant, and annually thereafter for as long as such unit
or tribe continues to receive Federal funding for a PROMISE
Coordinating Council, such unit or tribe shall report to the
Administrator regarding the use of Federal funds to implement the
PROMISE Plan developed under subchapter A.
SEC. 15626. AUTHORIZATION OF APPROPRIATIONS.
For fiscal years 2022 through 2025, of the amount made available
under section 15624 to carry out this Act for any fiscal year, not more
than 75 percent shall be made available to carry out this subpart.
Subchapter C--General PROMISE Grant Provisions
SEC. 15627. NONSUPPLANTING CLAUSE.
A unit of local government or Indian tribe receiving a grant under
this title shall use such grant only to supplement, and not supplant,
the amount of funds that, in the absence of such grant, would be
available to address the needs of youth in the community with respect
to evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention.
SEC. 15628. GRANT APPLICATION REVIEW PANEL.
The Administrator of the Office of Juvenile Justice and Delinquency
Prevention, in conjunction with the PROMISE Advisory Panel, shall
establish and utilize a transparent, reliable, and valid system for
evaluating applications for PROMISE Assessment and Planning grants and
for PROMISE Implementation grants, and shall determine which applicants
meet the criteria for funding, based primarily on a determination of
greatest need (in accordance with section 15615), with due
consideration to other enumerated factors and the indicated ability of
the applicant to successfully implement the program described in the
application.
SEC. 15629. EVALUATION OF PROMISE GRANT PROGRAMS.
(a) Evaluation Required.--Subject to the availability of
appropriations under this title, the Administrator shall, in
consultation with the organization provided assistance under section
223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5633(f)(1)), provide for an evaluation of the programs
and activities carried out with grants under this title. In carrying
out this section, the Administrator shall--
(1) award grants to institutions of higher education
(including institutions that are eligible to receive funds
under part F of title III of the Higher Education Act of 1965
(20 U.S.C. 1067q et seq.)), to facilitate the evaluation
process and measurement of achieved outcomes;
(2) identify evidence-based and promising practices used by
PROMISE Coordinating Councils under PROMISE Implementation
grants that have proven to be effective in preventing
involvement in, or diverting further involvement in, juvenile
delinquency or criminal street gang activity; and
(3) ensure--
(A) that such evaluation is based on the
performance standards that are developed by the PROMISE
Advisory Panel in accordance with section 223(g) of the
Juvenile Justice and Delinquency Prevention Act of 1974
(as added by section 15614(b) of this Act);
(B) the development of longitudinal and clinical
trial evaluation and performance measurements with
regard to the evidence-based and promising practices
funded under this chapter; and
(C) the dissemination of the practices identified
in paragraph (2) to the National Research Center for
Proven Juvenile Justice Practices (established under
section 15631), units of local government, and Indian
tribes to promote the use of such practices by such
units and tribes to prevent involvement in, or to
divert further involvement in, juvenile delinquency or
criminal street gang activity.
(b) Results to the National Research Center for Proven Juvenile
Justice Practices.--The Administrator shall provide the results of the
evaluation under subsection (a) to the National Research Center for
Proven Juvenile Justice Practices established under section 15631.
SEC. 15630. RESERVATION OF FUNDS.
For fiscal years 2022 through 2026, not more than 20 percent of the
total amount appropriated to the Office of Juvenile Justice and
Delinquency Prevention to carry out Youth Mentoring Programs for each
fiscal year shall be made available to carry out this Act.
CHAPTER C--PROMISE RESEARCH CENTERS
SEC. 15631. ESTABLISHMENT OF THE NATIONAL RESEARCH CENTER FOR PROVEN
JUVENILE JUSTICE PRACTICES.
(a) Center Established.--Subject to the availability of
appropriations, the Administrator shall award a grant to a nonprofit
organization with a national reputation for expertise in operating or
evaluating effective, evidence-based practices related to juvenile
delinquency and criminal street gang activity prevention or
intervention to develop a National Research Center for Proven Juvenile
Justice Practices. Such Center shall--
(1) collaborate with institutions of higher education as
regional partners to create a best practices juvenile justice
information-sharing network to support the programs and
activities carried out with grants under title II of this Act;
(2) collect, and disseminate to PROMISE Coordinating
Councils, research and other information about evidence-based
and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention to
inform the efforts of PROMISE Coordinating Councils and
regional research partners and to support the programs and
activities carried out with grants under title II of this Act;
(3) increase the public's knowledge and understanding of
effective juvenile justice practices to prevent crime and
delinquency and reduce recidivism; and
(4) develop, manage, and regularly update a site to
disseminate proven practices for successful juvenile
delinquency prevention and intervention.
(b) Authorization of Appropriations.--Of the amount made available
under section 15616 to carry out this Act--
(1) for fiscal year 2022, not more than 2.5 percent of such
amount shall be made available to carry out this section; and
(2) for fiscal years 2022 through 2024, not more than 4
percent of such amount shall be made available to carry out
this section.
SEC. 15632. GRANTS FOR REGIONAL RESEARCH PROVEN PRACTICES PARTNERSHIPS.
(a) Grant Program Authorized.--The Administrator shall, subject to
the availability of appropriations, establish a grant program to award
grants to institutions of higher education to serve as regional
research partners with PROMISE Coordinating Councils that are located
in the same geographic region as an institution, in collaboration with
the National Research Center for Proven Juvenile Justice Practices
authorized under section 15631. Regional research partners shall
provide research support to such PROMISE Coordinating Councils,
including--
(1) assistance with preparing PROMISE grant applications
under title II, including collection of baseline data for such
applications;
(2) assistance with the needs and strengths assessments
conducted under section 15603; and
(3) provision of support services to PROMISE grant
recipients for data collection and analysis to assess progress
under the PROMISE grant.
(b) Authorization of Appropriations.--Of the amount made available
under section 15624 to carry out this Act--
(1) for fiscal year 2022, not more than 2.5 percent of such
amount shall be made available to carry out this section; and
(2) for fiscal years 2022 through 2024, not more than 4
percent of such amount shall be made available to carry out
this section.
Subpart C--Safe Streets and Representative Police Forces
SEC. 15641. SHORT TITLE.
This subpart may be cited as the ``Safe Streets and Representative
Police Forces Act of 2020''.
SEC. 15642. GRANTS TO INCREASE THE RACIAL DIVERSITY OF LAW ENFORCEMENT
AGENCIES.
Section 1701(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18);
(3) by inserting after paragraph (16) the following:
``(17) to increase the racial diversity of law enforcement
agencies by awarding grants to institutions of higher education
(as such term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001)), with priority given to
Predominantly Black Institutions (as such term is defined in
section 318 of the Higher Education Act of 1965 (20 U.S.C.
1059e)), historically Black colleges and universities (as such
term is defined in section 631 of the Higher Education Act of
1965 (20 U.S.C. 1132)), institutions of higher education at
which not less than 40 percent of the enrolled students are
Latino, and institutions of higher education at which not less
than 40 percent of the enrolled students are Native American,
to support majors related to criminal justice, including
psychology, sociology, prelaw, and criminal justice majors;
and''; and
(4) in paragraph (18), as so redesignated, by striking
``paragraphs (1) through (16)'' and inserting ``paragraphs (1)
through (17)''.
PART 3--COMMON SENSE GUN VIOLENCE PREVENTION
Subpart A--Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and
Crime Prevention
SEC. 15701. SHORT TITLE.
This subpart may be cited as the ``Hadiya Pendleton and Nyasia
Pryear-Yard Gun Trafficking and Crime Prevention Act of 2020''.
SEC. 15702. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, two or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such use, carry, possession, or
disposition of the firearm would be in violation of, or would
result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, two or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make a statement to a licensed importer, licensed
manufacturer, or licensed dealer relating to the purchase,
receipt, or acquisition from a licensed importer, licensed
manufacturer, or licensed dealer of two or more firearms that
have moved in or affected interstate or foreign commerce that--
``(A) is material to--
``(i) the identity of the actual buyer of
the firearms; or
``(ii) the intended trafficking of the
firearms; and
``(B) the person knows or has reasonable cause to
believe is false; or
``(4) to direct, promote, or facilitate conduct specified
in paragraph (1), (2), or (3).
``(b) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with five or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(c) Definitions.--In this section--
``(1) the term `actual buyer' means the individual for whom
a firearm is being purchased, received, or acquired; and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by the applicable
jurisdiction as a misdemeanor and punishable by a term of
imprisonment of 2 years or less.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend
the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 932
of title 18, United States Code (as added by subsection (a)).
(2) Requirements.--In carrying out this section, the
Commission shall--
(A) review the penalty structure that the
guidelines currently provide based on the number of
firearms involved in the offense and determine whether
any changes to that penalty structure are appropriate
in order to reflect the intent of Congress that such
penalties reflect the gravity of the offense; and
(B) review and amend, if appropriate, the
guidelines and policy statements to reflect the intent
of Congress that guideline penalties for violations of
section 932 of title 18, United States Code, and
similar offenses be increased substantially when
committed by a person who is a member of a gang,
cartel, organized crime ring, or other such enterprise
or in concert with another person who is a member of a
gang, cartel, organized crime ring or other such
enterprise.
Subpart B--Report on Effects of Gun Violence on Public Health
SEC. 15711. REPORT ON EFFECTS OF GUN VIOLENCE ON PUBLIC HEALTH.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Surgeon General of the Public Health
Service shall submit to Congress a report on the effects on public
health of gun violence in the United States during the relevant period,
and the status of actions taken to address such effects.
SEC. 15712. PROHIBITION ON CERTAIN AMENDMENTS TO APPROPRIATIONS
MEASURES.
Clause 2 of rule XXI of the Rules of the House of Representatives
is amended by adding at the end the following new paragraph:
``(g) A provision prohibiting the use of funds to study the
public health effects of gun violence may not be reported in a
general appropriation bill and may not be in order in any
amendment thereto.''.
Subpart C--Keeping Guns From High-Risk Individuals
SEC. 15721. SHORT TITLE.
This subpart may be cited as the ``Keeping Guns from High-Risk
Individuals Act''.
SEC. 15722. FIREARM PROHIBITIONS APPLICABLE WITH RESPECT TO CERTAIN
HIGH-RISK INDIVIDUALS.
(a) Sales or Other Dispositions.--Section 922(d) of title 18,
United States Code, is amended in the first sentence--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) in the most recent 10-year period, has been
convicted in any court of a crime of violence (as defined in
section 16);
``(11) has not attained 25 years of age, and has been
adjudicated by any court as having committed an offense that
would have been a crime of violence (as defined in section 16)
if committed by an adult;
``(12) in any period of 3 consecutive years in the most
recent 10-year period, has been convicted in any court, on 2
separate occasions, of an offense that has, as an element, the
possession or distribution of, or the intent to possess or
distribute, alcohol or a controlled substance (as so defined);
or
``(13) has been convicted in any court of stalking.''.
(b) Possession, Shipment, Transportation, or Receipt.--Section
922(g) of such title is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting a semicolon; and
(3) by inserting after paragraph (9) the following:
``(10) who, in the most recent 10-year period, has been
convicted in any court of a crime of violence (as defined in
section 16);
``(11) who has not attained 25 years of age and has been
adjudicated by any court as having committed an offense that
would have been a crime of violence (as defined in section 16)
if committed by an adult;
``(12) who, in any period of 3 consecutive years in the
most recent 10-year period, has been convicted in any court, on
2 separate occasions, of an offense that has, as an element,
the possession or distribution of, or the intent to possess or
distribute, alcohol or a controlled substance (as so defined);
or
``(13) who has been convicted in any court of stalking,''.
Subpart D--Strengthening Gun Checks Act
SEC. 15731. SHORT TITLE.
This subpart may be cited as the ``Strengthening Gun Checks Act of
2020''.
CHAPTER 1--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
SEC. 15732. STATES TO MAKE DATA ELECTRONICALLY AVAILABLE TO THE
NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.
(a) In General.--Section 102(b) of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Within 1 year after the date of the
enactment of this subsection, the Attorney General, in
coordination with the States, shall establish, for each State
or Indian tribal government, a plan to ensure maximum
coordination and automation of the reporting of records or
making of records available to the National Instant Criminal
Background Check System established under section 103 of the
Brady Handgun Violence Prevention Act, during a 4-year period
specified in the plan.
``(2) Benchmark requirements.--Each such plan shall include
annual benchmarks, including qualitative goals and quantitative
measures, to enable the Attorney General to assess
implementation of the plan.''.
(b) Incentive Grants for Rapid Compliance.--Section 506 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is
amended by adding at the end the following:
``(c) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General shall reserve not more than
$50,000,000 for incentive grants by the Attorney General to States that
comply with section 102(b) of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note), in accordance with the following:
``(1) During the 4-year period covered by a plan
established under such section, if the State meets the
benchmark established under paragraph (2) of such section, the
State may receive an incentive grant under this paragraph.
``(2) The Attorney General shall allocate the amounts
reserved under this section equally among each State receiving
an incentive grant.''.
SEC. 15733. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE
SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED
FROM PURCHASING FIREARMS UNDER FEDERAL LAW.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) is amended by adding at the end the following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit to the
Attorney General a written certification
indicating whether the department or agency has
provided to the Attorney General the pertinent
information contained in any record of any
person that the department or agency was in
possession of during the time period addressed
by the report demonstrating that the person
falls within a category described in subsection
(g) or (n) of section 922 of title 18, United
States Code.
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification under clause (i)--
``(I) not later than July 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on July 1 of the previous
year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(I) the number of records of the
Federal department or agency
demonstrating that a person fell within
each of the categories described in
section 922(g) of title 18, United
States Code;
``(II) the number of records of the
Federal department or agency
demonstrating that a person fell within
the category described in section
922(n) of title 18, United States Code;
and
``(III) for each category of
records described in subclauses (I) and
(II), the total number of records of
the Federal department or agency that
have been provided to the Attorney
General.''.
SEC. 15734. ADJUDICATED AS A MENTAL DEFECTIVE.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
``(36) The term `adjudicated as a mental defective' shall--
``(A) have the meaning given the term in section 478.11 of
title 27, Code of Federal Regulations, or any successor
thereto; and
``(B) include an order by a court, board, commission, or
other lawful authority that a person, in response to mental
illness, incompetency, or marked subnormal intelligence, be
compelled to receive services--
``(i) including counseling, medication, or testing
to determine compliance with prescribed medications;
and
``(ii) not including testing for use of alcohol or
for abuse of any controlled substance or other drug.
``(37) The term `committed to a mental institution' shall have the
meaning given the term in section 478.11 of title 27, Code of Federal
Regulations, or any successor thereto.''.
(b) Limitation.--An individual who has been adjudicated as a mental
defective before the effective date described in section 15603 may not
apply for relief from disability under section 101(c)(2) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis
that the individual does not meet the requirements in section
921(a)(36) of title 18, United States Code, as added by subsection (a).
(c) NICS Improvement Amendments Act of 2007.--Section 3 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Mental health terms.--
``(A) In general.--Except as provided in
subparagraph (B), the terms `adjudicated as a mental
defective' and `committed to a mental institution'
shall have the meaning given the terms in section
921(a) of title 18, United States Code.
``(B) Exception.--For purposes of sections 102 and
103, the terms `adjudicated as a mental defective' and
`committed to a mental institution' shall have the same
meanings as on the day before the date of enactment of
the Fix Gun Checks Act of 2018 until the end of the 2-
year period beginning on such date of enactment.''.
SEC. 15735. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Protection Act (18
U.S.C. 922 note), as amended by section 15733 of this chapter, is
amended by adding at the end the following:
``(G) Application to federal courts.--In this
paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) for purposes of any request,
submission, or notification, the Director of
the Administrative Office of the United States
Courts shall perform the functions of the head
of the department or agency.''.
CHAPTER 2--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
SEC. 15736. PURPOSE.
The purpose of this chapter is to extend the Brady Law background
check procedures to all sales and transfers of firearms.
SEC. 15737. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
(2) in subsection (s), as so redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement
officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'';
and
(3) by inserting after subsection (s), as so redesignated,
the following:
``(t)(1) It shall be unlawful for any person who is not a licensed
importer, licensed manufacturer, or licensed dealer to transfer a
firearm to any other person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with subsection
(s). Upon taking possession of the firearm, the licensee shall comply
with all requirements of this chapter as if the licensee were
transferring the firearm from the inventory of the licensee to the
unlicensed transferee.
``(2) Paragraph (1) shall not apply to--
``(A) a transfer of a firearm by or to any law enforcement
agency or any law enforcement officer, armed private security
professional, or member of the armed forces, to the extent the
officer, professional, or member is acting within the course
and scope of employment and official duties;
``(B) a transfer between spouses, between domestic
partners, between parents and their children, between siblings,
or between grandparents and their grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986; and
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated and built for the purpose of
target shooting;
``(ii) while hunting, trapping, or fishing, if the
hunting, trapping, or fishing is legal in all places
where the transferee possesses the firearm and the
transferee holds all licenses or permits required for
such hunting, trapping, or fishing; or
``(iii) while in the presence of the transferor.
Nothing in this section shall be construed to preempt any State
criminal statutory or case law related to self-defense, heat of
passion, or any other justifying or mitigation action in a
crime or potential crime involving a firearm.''.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of such title is
amended in the matter preceding subparagraph (A), by striking
``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and
(g)(5)(B)''.
(2) Section 925A.--Section 925A of such title is amended in
the matter preceding paragraph (1), by striking ``subsection
(s) or (t) of section 922'' and inserting ``section 922(s)''.
(c) Effective Date.--The amendment made by subsection (a)(4) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 15738. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) It shall be unlawful for any person who lawfully possesses
or owns a firearm that has been shipped or transported in, or has been
possessed in or affecting, interstate or foreign commerce, to fail to
report the theft or loss of the firearm, within 48 hours after the
person discovers the theft or loss, to the Attorney General and to the
appropriate local authorities.''.
(b) Penalty.--Section 924(a)(1)(B) of such title is amended to read
as follows:
``(B) knowingly violates subsection (a)(4), (f),
(k), (q), or (aa) of section 922;''.
CHAPTER 3--BACKGROUND CHECK COMPLETION ACT
SEC. 15741. SHORT TITLE.
This subpart may be cited as the ``Background Check Completion
Act''.
SEC. 15742. ELIMINATION OF REQUIREMENT THAT A FIREARMS DEALER TRANSFER
A FIREARM IF THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM HAS BEEN UNABLE TO COMPLETE A BACKGROUND
CHECK OF THE PROSPECTIVE TRANSFEREE WITHIN 3 BUSINESS
DAYS.
Section 922(t)(1)(B) of title 18, United States Code, is amended--
(1) by striking ``(i)'';
(2) by striking ``; or'' and inserting ``; and''; and
(3) by striking clause (ii).
PART 4--MENTAL HEALTH
SEC. 15801. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND NATIONAL
SIGNIFICANCE.
(a) Reauthorization.--Section 520A of the Public Health Service Act
(42 U.S.C. 290bb-32) is amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by amending subsection (h), as redesignated, to read as
follows:
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $394,550,000 for each of fiscal years
2022 through 2027.
``(2) Allocations.--Of the amounts authorized by paragraph
(1) to be appropriated for each of fiscal years 2022 through
2025--
``(A) $194,500,000 shall be for carrying out
subsection (f) (relating to the Resiliency in
Communities After Stress and Trauma Program); and
``(B) $189,500,000 shall be for carrying out
subsection (g) (relating to Project AWARE).''.
(b) Resiliency in Communities After Stress and Trauma Program.--
Section 520A of the Public Health Service Act (42 U.S.C. 290bb-32), as
amended by subsection (a), is further amended by inserting after
subsection (e) the following subsection:
``(f) Resiliency in Communities After Stress and Trauma Program.--
``(1) In general.--The Secretary shall maintain the
Resiliency in Communities After Stress and Trauma Program of
the Substance Abuse and Mental Health Services Administration,
to be known at the ReCAST Program.
``(2) Grants.--In carrying out the ReCAST Program, the
Secretary shall award grants to State and local health agencies
to assist high-risk youth and families and promote resilience
and equity in communities that have recently faced civil unrest
through--
``(A) implementation of evidence-based violence
prevention and community youth engagement programs; and
``(B) linkages to trauma-informed behavioral health
services.
``(3) Definition.--In this subsection, the term `civil
unrest'--
``(A) means demonstrations of mass protest and
mobilization, civil disobedience, and disruption
through violence, often connected with law enforcement
issues; and
``(B) includes such demonstrations in communities
that have been affected by a high incidence of gun
violence not caused by law enforcement.''.
(c) Project AWARE.--Section 520A of the Public Health Service Act
(42 U.S.C. 290bb-32), as amended by subsection (b), is further amended
by inserting after subsection (f) the following subsection:
``(g) Project AWARE.--
``(1) In general.--The Secretary shall maintain the Project
Advancing Wellness and Resiliency in Education program of the
Substance Abuse and Mental Health Services Administration, to
be known as Project AWARE.
``(2) Grants.--In carrying out Project AWARE, the Secretary
shall make grants to State educational agencies to build or
expand the capacity of such agencies, in partnership with State
mental health agencies overseeing school-aged youth and local
education agencies--
``(A) to increase awareness of mental health issues
among school-aged youth;
``(B) to provide training for school personnel and
other adults who interact with school-aged youth to
detect and respond to mental health issues; and
``(C) to connect school-aged youth, who may have
behavioral health issues (including serious emotional
disturbance or serious mental illness), and their
families to needed services.
``(3) Definition.--In this subsection, the term `State
educational agency' means--
``(A) a State educational agency as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965; or
``(B) an education agency or authority of an Indian
tribe or tribal organization (as such terms are defined
in section 4 of the Indian Self-Determination and
Education Assistance Act).''.
SEC. 15802. ANNUAL REPORT ON ADVERSE CHILDHOOD EXPERIENCES OF CERTAIN
CHILDREN IN COMMUNITIES FACING CIVIL UNREST.
(a) In General.--Not later than the end of fiscal year 2022, and
annually thereafter, the Secretary of Health and Human Services shall
submit a report to the Congress on the adverse childhood experiences of
children who are exposed to traumatic experiences in communities that
have recently faced civil unrest.
(b) Definition.--In this subsection, the term ``civil unrest''--
(1) means demonstrations of mass protest and mobilization,
civil disobedience, and disruption through violence, often
connected with law enforcement issues; and
(2) includes such demonstrations in communities that have
been affected by a high incidence of gun violence not caused by
law enforcement.
Subtitle RR--Transportation Workforce Modernization Act
SEC. 15901. SHORT TITLE.
This subtitle may be cited as the ``Transportation Workforce
Modernization Act''.
SEC. 15902. TRANSPORTATION WORKER RETRAINING GRANT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a program to make grants to eligible entities to develop a curriculum
for and establish transportation worker training programs in urban and
rural areas to train, upskill, and prepare workers whose jobs may be
changed or worsened by automation, or who have been separated from
their jobs, or have received notice of impending job loss, as a result
of being replaced by automated driving systems.
(b) Eligible Entities.--The following entities shall be eligible to
receive grants under this section:
(1) Institutions of higher education.
(2) Consortia of institutions of higher education.
(3) Trade associations.
(4) Nongovernmental stakeholders.
(5) Organizations with a demonstrated capacity to develop
and provide career ladder programs through labor-management
partnerships and apprenticeships on a nationwide basis.
(c) Limitation on Awards.--An entity may only receive one grant per
year under this section in an amount determined appropriate by the
Secretary.
(d) Participants in Transportation Worker Retraining Programs.--A
grant provided under this section may be used for participants in
transportation worker retraining programs to pursue a degree or
certification through the coursework or curriculum developed under the
program.
(e) Use of Funds.--A recipient of a grant under this section may
use grant amounts for studies, pilot programs, as well as testing new
roles for current jobs, including mechanical work, diagnostic, and
fleet operations management.
(f) General Selection Criteria.--The Secretary shall select
recipients of grants under this section on the basis of the following
criteria:
(1) Demonstrated research and extension resources available
to the applicant for carrying out this section.
(2) Capability of the applicant to develop curriculum in
the training or retraining of individuals described in
subsection (a) as a result of driverless vehicles.
(3) Demonstrated commitment of the recipient to carry out a
transportation workforce development program through degree-
granting programs or programs that provide other industry-
recognized credentials.
(g) Eligibility.--An applicant is only eligible for a grant under
this section if such applicant--
(1) has an established transportation program;
(2) has expertise in solving transportation problems
through research, training, education, and technology; and
(3) shares information with other programs.
(h) Federal Share.--
(1) In general.--The Federal share of a grant under this
section shall be a dollar for dollar match of the costs of
establishing and administering the retraining program and
related activities carried out by the grant recipient or
consortium of grant recipients.
(2) Availability of funds.--For a recipient of a grant
under this section carrying out activities under such grant in
partnership with a public transportation agency, not more than
0.5 percent of amounts made available under any such section
may qualify as the non-Federal share under paragraph (1).
(i) Tracking of Certain Information.--Not later than 1 year after a
grant award is made under this section, the Secretary shall implement a
reporting or tracking mechanism to determine--
(1) from which sectors of the transportation industry are
workers being displaced;
(2) for what skills and professions are workers being
retrained;
(3) how many workers have benefitted from the grant award;
and
(4) relevant demographic information of impacted workers.
(j) Definition of Institution of Higher Education.--In this
subtitle, 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).
(k) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$50,000,000 for each of fiscal years 2022, 2023, and 2024 to
carry out this section.
(2) Availability of amounts.--Amounts made available to the
Secretary to carry out this section shall remain available for
obligation by the Secretary for a period of 3 years after the
last day of the fiscal year for which the amounts are
authorized.
SEC. 15903. GAO STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study and submit to Congress a report on the impact of driverless
vehicle adoption on--
(1) the workforce of the United States;
(2) the trucking, freight, and personal transportation
industries;
(3) wages;
(4) job losses, including the economic impact on each
region of the United States; and
(5) the creation of new jobs and how transportation sector
jobs would change due to driverless vehicle adoption.
(b) Consultation.--The study shall be carried out in consultation
with--
(1) academics;
(2) labor unions;
(3) the Department of Transportation; and
(4) the Department of Labor.
(c) Research.--The Secretary of Transportation shall seek to enter
into an agreement with an institute of higher education or nonprofit
organization with demonstrated capacity in carrying out research on the
subject of the study required under subsection (a) to conduct such
research. Such agreement shall require the institute or nonprofit to
submit such research to the Comptroller General for inclusion in such
study.
Subtitle SS--Skill and Knowledge Investments Leverage Leaders' Untapped
Potential Tax Credit
SEC. 16101. SHORT TITLE.
This subtitle may be cited as the ``Skill and Knowledge Investments
Leverage Leaders' Untapped Potential Tax Credit Act of 2020'' or the
``SKILL UP Act of 2020''.
SEC. 16102. WORK OPPORTUNITY TAX CREDIT FOR PARTICIPATION IN QUALIFYING
WORK-BASED LEARNING PROGRAMS.
(a) In General.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
subparagraph (I), by striking the period at the end of subparagraph (J)
and inserting ``, or'', and by inserting after subparagraph (J) the
following:
``(K) a qualified work-based learning
participant.''.
(b) Wages Per Year Taken Into Account.--Paragraph (3) of section
51(b) of such Code is amended by inserting ``or who is a qualified
work-based learning participant'' after ``subsection
(d)(3)(A)(ii)(II)''.
(c) Qualified Work-Based Learning Participant.--Section 51(d) of
such Code is amended by adding at the end the following:
``(16) Qualified work-based learning participant.--
``(A) In general.--The term `qualified work-based
learning participant' means an individual who--
``(i) is a member of one of the targeted
group referred to in subparagraphs (A) through
(J) of paragraph (1), and
``(ii) enrolled in a qualifying work-based
learning opportunity either--
``(I) within 3-month period
beginning on the hiring date, or
``(II) in the case of a program
described in subparagraph (B)(iii),
during the six-month period prior to
the hiring date.
``(B) Qualifying work-based learning opportunity.--
For the purpose of this paragraph, the term `qualifying
work-based learning opportunity' means--
``(i) an apprenticeship program registered
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.),
``(ii) a program that has been approved by
the designated local agency and that may be
provided directly by an employer, or in
partnership with one or more training
providers, in which--
``(I) the training is provided to
individuals who are full-time employees
of the employer,
``(II) training consists of on the
job instruction or a combination of on
the job and classroom instruction, and
``(III) successful completion of
the training program, or modules of the
training program--
``(aa) provides for an
increase in hourly wages for
the employee, and
``(bb) may provide for the
attainment of a recognized
postsecondary credential (as
defined under the Workforce
Innovation and Opportunity
Act), and
``(iii) a program that has been approved by
the designated local agency as under clause
(ii) in which a third party serves as employer
of record for purposes of operating an approved
program with the participating employer.''.
(d) Credit for Tax-Exempt Employers for Employment of Qualified
Work-Based Learning Participants.--
(1) In general.--Paragraph (1) of section 3111(e) of such
Code is amended by inserting ``or qualified work-based learning
participant'' after ``qualified veteran'' both places it
appears.
(2) Overall limitation.--Paragraph (2) of section 3111(e)
of such Code is amended by inserting ``or qualified work-based
learning participants'' after ``qualified veterans''.
(3) Applicable period.--Paragraph (4) of section 3111(e) of
such Code is amended by inserting ``or qualified work-based
learning participant'' after ``qualified veteran'' both places
it appears.
(4) Definitions.--Paragraph (5) of section 3111(e) of such
Code is amended by striking ``and'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``, and'', and by inserting after subparagraph (B)
the following:
``(C) the term `qualified work-based learning
participant' has the meaning given such term by section
51(d)(16).''.
(e) Effective Date.--The amendments made by this section shall
apply to wages paid after 90 days after the date of the enactment of
this Act, with respect to enrollment in qualifying work-based learning
programs beginning after such date.
Subtitle TT--Saving Our Street
SEC. 17101. SHORT TITLE.
This subtitle may be cited as the ``Saving Our Street Act''.
SEC. 17102. GRANTS TO SMALL BUSINESSES.
(a) Definition.--In this section:
(1) Covered period.--The term ``covered period'' means the
period beginning on February 15, 2020 and ending on December
31, 2020.
(2) Eligible entity.--The term ``eligible entity''--
(A) means an entity that--
(i) is--
(I) a community small business,
including a self-employed worker,
independent contractor, or sole
proprietor, or a community nonprofit
with less than--
(aa) $1,000,000 in gross
revenue;
(bb) $500,000 in gross
receipts for nonprofits; or
(cc) 10 employees; or
(II) a small business with--
(aa) less than 20 employees
in a low-income community; and
(bb) not less than 50
percent of employees who live
in a low-income community; and
(ii) has suffered a drop in revenue of over
20 percent of gross revenue since February 15,
2020; and
(B) does not include entities that are publicly
traded companies, private equity firms, or hedge funds.
(3) Employee.--The term ``employee'' includes--
(A) individuals employed on a full-time, part-time,
or other basis;
(B) independent contractors;
(C) any individual in a jurisdiction subject to a
stay-at-home order, even if the employee has not
physically returned to work.
(4) Low-income community.--The term ``low-income
community'' means a census tract (or equivalent geographic area
defined by the United States Census Bureau) in which at least
50 percent of households have an income less than 60 percent of
the area median gross income, as determined by the Secretary of
Housing and Urban Development.
(5) Payroll costs.--The term ``payroll costs'' means--
(A) the sum of payments of any compensation that is
a--
(i) salary, wage, commission, or similar
compensation;
(ii) payment of cash tip or equivalent;
(iii) payment for vacation, parental,
family, medical, or sick leave;
(iv) allowance for dismissal or separation;
(v) payment required for the provisions of
group health care benefits, including insurance
premiums;
(vi) payment of any retirement benefit; or
(vii) payment of State or local tax
assessed on the compensation of employees or
owners;
(B) the sum of payments of any compensation to or
income of a sole proprietor or independent contractor--
(i) that is a wage, commission, income, net
earnings from self-employment, or similar
compensation; and
(ii) in an amount that is not more than
$100,000 in 1 year, as prorated for the covered
period;
(C) the compensation of an individual employee in
excess of an annual salary of $100,000, as prorated for
the covered period;
(D) qualified sick leave wages for which a credit
is allowed under section 7001 of the Families First
Coronavirus Response Act (Public Law 116- 127); or
(E) qualified family leave wages for which a credit
is allowed under section 7003 of the Families First
Coronavirus Response Act (Public Law 116-127).
(6) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' means individuals described in paragraphs (5) and
(6) of section 8(a) of the Small Business Act (15 U.S.C.
637(a)).
(7) Veterans organization.--The term ``veterans
organization'' means an organization that is described in
section 501(c)(19) of the Internal Revenue Code that is exempt
from taxation under section 501(a) of such Code.
(b) Grants.--
(1) In general.--The Secretary of the Treasury shall create
the Microbusiness Assistance Fund which may provide a grant to
an eligible entity in an amount not greater than $250,000 to be
used only for--
(A) rehiring or hiring employees of the entity who
were furloughed or laid off after February 15, 2020;
(B) payment of, on or after the date described in
subparagraph (A), payroll, salaries, commissions, or
similar compensations, payroll taxes, employer
compensation, rent (including under a lease agreement)
or mortgage, including payments of interest on any
mortgage obligation (not including prepayment of or
payment of principal on a mortgage obligation),
utilities, or insurance;
(C) providing healthcare and benefits to employees
at the same or similar levels as the entity provided on
the date described in subparagraph (A), including
continuation of group healthcare benefits during
periods of paid sick, medical, or family leave, and
insurance premiums; and
(D) debt obligations that were incurred before the
covered period.
(2) Eligibility.--No person shall be denied a grant under
this subsection on the basis of--
(A) any criminal history or involvement with the
criminal legal system; or
(B) using an individual taxpayer identification
number issued pursuant to section 6109(i) of the
Internal Revenue Code of 1986.
(3) Priority.--
(A) In general.--The Secretary shall give priority
to people of color, veterans, women-owned community
businesses, and socially and economically disadvantaged
individuals as it pertains to historically
underrepresented businesses.
(B) Historically underrepresented businesses.--Of
the amounts made available under this section, 75
percent shall be provided to businesses or nonprofits
owned and controlled by 1 or more socially and
economically disadvantaged individuals.
(4) Other assistance.--An entity that receives a grant
under this subsection shall be eligible to receive assistance
under other Federal programs, including the paycheck protection
program established under section 7(a)(36) of the Small
Business Act (15 U.S.C. 636(a)(36)) or an economic injury
disaster loan made under section 7(b)(2) of the Small Business
Act (15 U.S.C. 636(b)(2)) if the funds are used for a purpose
other than a purpose described in paragraph (1).
(5) Sense of congress.--It is the sense of Congress that
eligible entities should rehire employees described in
paragraph (1)(A) after the date on which the national emergency
under the National Emergencies Act (50 U.S.C. 1601 et seq.)
with respect to the coronavirus disease 2019 (COVID-19)
terminates.
(c) Amounts.--
(1) In general.--Of the amounts made available under this
subtitle--
(A) $124,500,000,000 shall be used for grants made
under subsection (b);
(B) $400,000,000 shall be used to provide financial
education training classes and for help applying for
the grants and financial recovery for eligible
entities, of which--
(i) $50,000,000 shall be used to provide
small businesses and women development centers
with technical assistance and online training
and information, of which--
(I) $25,000,000 shall be made
available for small businesses; and
(II) $25,000,000 shall be made
available for women development
centers;
(ii) $50,000,000 shall be used to provide
minority business centers with technical
assistance and online training and information;
and
(iii) $300,000,000 shall be used to provide
nonprofit and community organizations with
assistance to small business owners; and
(C) $100,000,000 shall be made available for the
Department of the Treasury and the Internal Revenue
Service to carry out this subtitle.
(2) Availability.--Funds made available under this subtitle
shall be available until December 20, 2020.
(d) Need.--An eligible entity shall attest in an application for a
grant under this section that the eligible entity--
(1) was in business as of February 15, 2020;
(2) has suffered a drop in sales of 20 percent or more;
(3) meets the criteria as an eligible entity; and
(4) will use the grants for authorized expenses.
(e) Documentation.--An eligible self-employed individual,
independent contractor, or sole proprietorship applying for a grant
under this section shall submit such documentation as is necessary to
establish such individual as eligible, including payroll tax filings
reported to the Internal Revenue Service, Forms 1099-MISC, and income
and expenses from the sole proprietorship, as determined by the
Administrator of the Small Business Administration and the Secretary of
the Treasury. An applicant may submit to the Secretary of the Treasury
a self-certification for employee labor expenses and payroll.
(f) Materials.--Any application or informational material related
to the grant program provided by Department of the Treasury or the
Internal Revenue Service shall be made available in the 10 most used
languages in the United States after English.
(g) Receipt of Funds.--Any eligible entity shall receive a grant
made under subsection (b) not later than 14 days after the date on
which the entity submitted an application for the grant.
(h) Reporting.--The Secretary of the Treasury shall submit to the
Committee on Banking, Housing, and Urban Affairs and the Committee on
Small Business and Entrepreneurship of the Senate and the Committee on
Financial Service, the Committee on Small Business, and the Committee
on Oversight and Reform of the House of Representatives a report on the
information about the ethnicity, race, industry, geographical
demographics, and sex of applicants for grants made under this section.
SEC. 17103. DIRECT APPROPRIATION.
(a) In General.--There is appropriated, out of amounts in the
Treasury not otherwise appropriated, to the Secretary of the Treasury
$125,000,000,000 to carry out this subtitle.
(b) Emergency Designation.--
(1) In general.--The amounts provided under this subtitle
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)).
(2) Designation in senate.--In the Senate, this subtitle 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.
Subtitle UU--Veteran Small Business Start-up Credit
SEC. 18101. SHORT TITLE.
This subtitle may be cited as the ``Veterans Jobs Opportunity
Act''.
SEC. 18102. VETERAN SMALL BUSINESS START-UP 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. 45T. VETERAN SMALL BUSINESS START-UP CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
applicable veteran-owned business which elects the application of this
section, the veteran small business start-up credit determined under
this section for any taxable year is an amount equal to 15 percent of
so much of the qualified start-up expenditures of the taxpayer as does
not exceed $80,000.
``(b) Applicable Veteran-Owned Small Business.--For purposes of
this section--
``(1) In general.--The term `applicable veteran-owned small
business' means a small business owned and controlled by one or
more veterans or spouses of veterans and the principal place of
business of which is in an underserved community.
``(2) Ownership and control.--The term `owned and
controlled' means--
``(A) management and operation of the daily
business, and--
``(B)(i) in the case of a sole proprietorship, sole
ownership,
``(ii) in the case of a corporation, ownership (by
vote or value) of not less than 51 percent of the stock
in such corporation, or
``(iii) in the case of a partnership or joint
venture, ownership of not less than 51 percent of the
profits interests or capital interests in such
partnership or joint venture.
``(3) Small business.--The term `small business' means,
with respect to any taxable year, any person engaged in a trade
or business in the United States if--
``(A) the gross receipts of such person for the
preceding taxable year did not exceed $5,000,000, or
``(B) in the case of a person to which subparagraph
(A) does not apply, such person employed not more than
100 full-time employees during the preceding taxable
year.
For purposes of subparagraph (B), an employee shall be
considered full-time if such employee is employed at least 30
hours per week for 20 or more calendar weeks in the taxable
year.
``(4) Underserved community.--The term `underserved
community' means any area located within--
``(A) a HUBZone (as defined in section 3(p) of the
Small Business Act (15 U.S.C. 632(p))),
``(B) an empowerment zone, or enterprise community,
designated under section 1391 (and without regard to
whether or not such designation remains in effect),
``(C) an area of low income or moderate income (as
recognized by the Federal Financial Institutions
Examination Council), or
``(D) a county with persistent poverty (as
classified by the Economic Research Service of the
Department of Agriculture).
``(5) Veteran or spouse of veteran.--The term `veteran or
spouse of a veteran' has the meaning given such term by section
7(a)(31)(G)(iii) of the Small Business Act (15 U.S.C.
636(a)(31)(G)(iii)).
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' means--
``(A) any start-up expenditures (as defined in
section 195(c)), or
``(B) any amounts paid or incurred during the
taxable year for the purchase or lease of real
property, or the purchase of personal property, placed
in service during the taxable year and used in the
active conduct of a trade or business.
``(d) Special Rules.--For purposes of this section--
``(1) Year of election.--The taxpayer may elect the
application of this section only for the first 2 taxable years
for which ordinary and necessary expenses paid or incurred in
carrying on such trade or business are allowable as a deduction
by the taxpayer under section 162.
``(2) Controlled groups and common control.--All persons
treated as a single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.
``(3) No double benefit.--If a credit is determined under
this section with respect to any property, the basis of such
property shall be reduced by the amount of the credit
attributable to such property.''.
(b) 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. 45T. Veteran small business start-up credit.''.
(c) Made Part of General Business Credit.--Section 38(b) of such
Code is amended by striking ``plus'' at the end of paragraph (31), by
striking the period at the end of paragraph (32) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(33) the veteran small business start-up credit
determined under section 45T.''.
(d) Report by Treasury Inspector General for Tax Administration.--
Every fourth year after the date of the enactment of this Act, the
Treasury Inspector General for Tax Administration shall include in one
of the semiannual reports under section 5 of the Inspector General Act
of 1978 with respect to such year, an evaluation of the program under
section 45T of the Internal Revenue Code of 1986 (as added by this
section), including an evaluation of the success of, and accountability
with respect to, such program.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
TITLE II--SOCIAL ECONOMIC
Subtitle A--Commission to Study and Develop Reparation Proposals for
African-Americans
SEC. 20101. SHORT TITLE.
This subtitle may be cited as the ``Commission to Study and Develop
Reparation Proposals for African-Americans Act''.
SEC. 20102. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) approximately 4,000,000 Africans and their descendants
were enslaved in the United States and colonies that became the
United States from 1619 to 1865;
(2) the institution of slavery was constitutionally and
statutorily sanctioned by the Government of the United States
from 1789 through 1865;
(3) the slavery that flourished in the United States
constituted an immoral and inhumane deprivation of Africans'
life, liberty, African citizenship rights, and cultural
heritage, and denied them the fruits of their own labor;
(4) a preponderance of scholarly, legal, community
evidentiary documentation and popular culture markers
constitute the basis for inquiry into the on-going effects of
the institution of slavery and its legacy of persistent
systemic structures of discrimination on living African-
Americans and society in the United States; and
(5) following the abolition of slavery the United States
Government, at the Federal, State, and local level, continued
to perpetuate, condone and often profit from practices that
continued to brutalize and disadvantage African-Americans,
including share cropping, convict leasing, Jim Crow, redlining,
unequal education, and disproportionate treatment at the hands
of the criminal justice system; and
(6) as a result of the historic and continued
discrimination, African-Americans continue to suffer
debilitating economic, educational, and health hardships
including but not limited to having nearly 1,000,000 black
people incarcerated; an unemployment rate more than twice the
current white unemployment rate; and an average of less than
\1/16\ of the wealth of white families, a disparity which has
worsened, not improved over time.
(b) Purpose.--The purpose of this subtitle is to establish a
commission to study and develop Reparation proposals for African-
Americans as a result of--
(1) the institution of slavery, including both the Trans-
Atlantic and the domestic ``trade'' which existed from 1565 in
colonial Florida and from 1619 through 1865 within the other
colonies that became the United States, and which included the
Federal and State governments which constitutionally and
statutorily supported the institution of slavery;
(2) the de jure and de facto discrimination against freed
slaves and their descendants from the end of the Civil War to
the present, including economic, political, educational, and
social discrimination;
(3) the lingering negative effects of the institution of
slavery and the discrimination described in paragraphs (1) and
(2) on living African-Americans and on society in the United
States;
(4) the manner in which textual and digital instructional
resources and technologies are being used to deny the
inhumanity of slavery and the crime against humanity of people
of African descent in the United States;
(5) the role of Northern complicity in the Southern based
institution of slavery;
(6) the direct benefits to societal institutions, public
and private, including higher education, corporations,
religious and associational;
(7) and thus, recommend appropriate ways to educate the
American public of the Commission's findings;
(8) and thus, recommend appropriate remedies in
consideration of the Commission's findings on the matters
described in paragraphs (1), (2), (3), (4), (5), and (6); and
(9) submit to the Congress the results of such examination,
together with such recommendations.
SEC. 20103. ESTABLISHMENT AND DUTIES.
(a) Establishment.--There is established the Commission to Study
and Develop Reparation Proposals for African-Americans (hereinafter in
this subtitle referred to as the ``Commission'').
(b) Duties.--The Commission shall perform the following duties:
(1) Identify, compile and synthesize the relevant corpus of
evidentiary documentation of the institution of slavery which
existed within the United States and the colonies that became
the United States from 1619 through 1865. The Commission's
documentation and examination shall include but not be limited
to the facts related to--
(A) the capture and procurement of Africans;
(B) the transport of Africans to the United States
and the colonies that became the United States for the
purpose of enslavement, including their treatment
during transport;
(C) the sale and acquisition of Africans as chattel
property in interstate and intrastate commerce;
(D) the treatment of African slaves in the colonies
and the United States, including the deprivation of
their freedom, exploitation of their labor, and
destruction of their culture, language, religion, and
families; and
(E) the extensive denial of humanity, sexual abuse
and the chatellization of persons.
(2) The role which the Federal and State governments of the
United States supported the institution of slavery in
constitutional and statutory provisions, including the extent
to which such governments prevented, opposed, or restricted
efforts of formerly enslaved Africans and their descendants to
repatriate to their homeland.
(3) The Federal and State laws that discriminated against
formerly enslaved Africans and their descendants who were
deemed United States citizens from 1868 to the present.
(4) The other forms of discrimination in the public and
private sectors against freed African slaves and their
descendants who were deemed United States citizens from 1868 to
the present, including redlining, educational funding
discrepancies, and predatory financial practices.
(5) The lingering negative effects of the institution of
slavery and the matters described in paragraphs (1), (2), (3),
(4), (5), and (6) on living African-Americans and on society in
the United States.
(6) Recommend appropriate ways to educate the American
public of the Commission's findings.
(7) Recommend appropriate remedies in consideration of the
Commission's findings on the matters described in paragraphs
(1), (2), (3), (4), (5), and (6). In making such
recommendations, the Commission shall address among other
issues, the following questions:
(A) How such recommendations comport with
international standards of remedy for wrongs and
injuries caused by the State, that include full
reparations and special measures, as understood by
various relevant international protocols, laws, and
findings.
(B) How the Government of the United States will
offer a formal apology on behalf of the people of the
United States for the perpetration of gross human
rights violations and crimes against humanity on
African slaves and their descendants.
(C) How Federal laws and policies that continue to
disproportionately and negatively affect African-
Americans as a group, and those that perpetuate the
lingering effects, materially and psycho-social, can be
eliminated.
(D) How the injuries resulting from matters
described in paragraphs (1), (2), (3), (4), (5), and
(6) can be reversed and provide appropriate policies,
programs, projects and recommendations for the purpose
of reversing the injuries.
(E) How, in consideration of the Commission's
findings, any form of compensation to the descendants
of enslaved African is calculated.
(F) What form of compensation should be awarded,
through what instrumentalities and who should be
eligible for such compensation.
(G) How, in consideration of the Commission's
findings, any other forms of rehabilitation or
restitution to African descendants is warranted and
what the form and scope of those measures should take.
(c) Report to Congress.--The Commission shall submit a written
report of its findings and recommendations to the Congress not later
than the date which is one year after the date of the first meeting of
the Commission held pursuant to section 20104(c).
SEC. 20104. MEMBERSHIP.
(a) Number and Appointment.--(1) The Commission shall be composed
of 13 members, who shall be appointed, within 90 days after the date of
enactment of this Act, as follows:
(A) Three members shall be appointed by the President.
(B) Three members shall be appointed by the Speaker of the
House of Representatives.
(C) One member shall be appointed by the President pro
tempore of the Senate.
(D) Six members shall be selected from the major civil
society and reparations organizations that have historically
championed the cause of reparatory justice.
(2) All members of the Commission shall be persons who are
especially qualified to serve on the Commission by virtue of their
education, training, activism or experience, particularly in the field
of African-American studies and reparatory justice.
(b) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect the powers
of the Commission and shall be filled in the same manner in which the
original appointment was made.
(c) First Meeting.--The President shall call the first meeting of
the Commission within 120 days after the date of the enactment of this
Act or within 30 days after the date on which legislation is enacted
making appropriations to carry out this subtitle, whichever date is
later.
(d) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(e) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members. The term of office of each shall be
for the life of the Commission.
(f) Compensation.--(1) Except as provided in paragraph (2), each
member of the Commission shall receive compensation at the daily
equivalent of the annual rate of basic pay payable for GS-18 of the
General Schedule under section 5332 of title 5, United States Code, for
each day, including travel time, during which he or she is engaged in
the actual performance of duties vested in the Commission.
(2) A member of the Commission who is a full-time officer or
employee of the United States or a Member of Congress shall receive no
additional pay, allowances, or benefits by reason of his or her service
to the Commission.
(3) All members of the Commission shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by them in the
performance of their duties to the extent authorized by chapter 57 of
title 5, United States Code.
SEC. 20105. POWERS OF THE COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out the provisions of this subtitle, hold such hearings and
sit and act at such times and at such places in the United States, and
request the attendance and testimony of such witnesses and the
production of such books, records, correspondence, memoranda, papers,
and documents, as the Commission considers appropriate. The Commission
may invoke the aid of an appropriate United States district court to
require, by subpoena or otherwise, such attendance, testimony, or
production.
(b) Powers of Subcommittees and Members.--Any subcommittee or
member of the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may acquire directly
from the head of any department, agency, or instrumentality of the
executive branch of the Government, available information which the
Commission considers useful in the discharge of its duties. All
departments, agencies, and instrumentalities of the executive branch of
the Government shall cooperate with the Commission with respect to such
information and shall furnish all information requested by the
Commission to the extent permitted by law.
SEC. 20106. ADMINISTRATIVE PROVISIONS.
(a) Staff.--The Commission may, without regard to section 5311(b)
of title 5, United States Code, appoint and fix the compensation of
such personnel as the Commission considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission may be appointed without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that the compensation of any
employee of the Commission may not exceed a rate equal to the annual
rate of basic pay payable for GS-18 of the General Schedule under
section 5332 of title 5, United States Code.
(c) Experts and Consultants.--The Commission may procure the
services of experts and consultants in accordance with the provisions
of section 3109(b) of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the highest rate
payable under section 5332 of such title.
(d) Administrative Support Services.--The Commission may enter into
agreements with the Administrator of General Services for procurement
of financial and administrative services necessary for the discharge of
the duties of the Commission. Payment for such services shall be made
by reimbursement from funds of the Commission in such amounts as may be
agreed upon by the Chairman of the Commission and the Administrator.
(e) Contracts.--The Commission may--
(1) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriations
Acts; and
(2) enter into contracts with departments, agencies, and
instrumentalities of the Federal Government, State agencies,
and private firms, institutions, and agencies, for the conduct
of research or surveys, the preparation of reports, and other
activities necessary for the discharge of the duties of the
Commission, to the extent or in such amounts as are provided in
appropriations Acts.
SEC. 20107. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report to the Congress under section 20103(c).
SEC. 20108. AUTHORIZATION OF APPROPRIATIONS.
To carry out the provisions of this subtitle, there are authorized
to be appropriated $12,000,000.
Subtitle B--Today's American Dream
SEC. 20201. SHORT TITLE.
This subtitle may be cited as the ``Today's American Dream Act''.
PART 1--RETAIL REDLINING AND FOOD DESERTS
SEC. 20211. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
INVESTMENT IN ECONOMICALLY UNDERSERVED COMMUNITIES.
The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.)
is amended by adding at the end the following new title:
``TITLE VIII--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
INVESTMENT IN ECONOMICALLY UNDERSERVED COMMUNITIES
``SEC. 811. PURPOSE.
``The purpose of this title is to assist with the economic growth
of economically underserved communities that have potential for strong
Class 1 commercial investment, but that continue to have a difficult
time recruiting Class 1 commercial investment.
``SEC. 812. GRANT PROGRAM.
``(a) Authorization.--From amounts appropriated under section 814,
the Administrator shall make grants on a competitive basis to an
eligible community for--
``(1) the creation of a grant program or revolving loan
fund program (or both) that helps develop financing packages
for Class 1 commercial investment in the community;
``(2) lowering real estate property tax rates in the
community;
``(3) conducting community-wide market analysis to help
recruit and retain Class 1 commercial investment;
``(4) creating employment training programs for Class 1
business customer service, sales, and managerial positions in
the community;
``(5) retail marketing strategies to solicit new Class 1
commercial investment starts in the community;
``(6) program allowances for activities to promote Class 1
commercial investment in the community, such as the publication
of marketing materials, development of economic development web
pages, and educational outreach activities with retail trade
associations; and
``(7) hiring business recruitment specialists to operate in
the community.
``(b) Eligibility.--The Administrator may only make a grant under
subsection (a) to a community whose demographics include--
``(1) a median per capita income no higher than $35,000;
and
``(2) an identified lack of Class 1 commercial investment.
``(c) Application.--A community seeking a grant under subsection
(a) shall submit an application at such time, in such form, and
containing such information and assurances as the Administrator may
require, except that the application shall include--
``(1) a description of how the community, through the
activities the community proposes to carry out with the grant
funds will recruit, retain and grow its economy through Class 1
commercial investment; and
``(2) a description of the difficulty the community has
faced recruiting, retaining and growing its economy through
Class 1 commercial investment.
``(d) Matching Funds.--
``(1) In general.--The Administrator may not make a grant
to a community under subsection (a) unless the community agrees
that, with respect to the costs to be incurred by the community
in carrying out the activities for which the grant is awarded,
the community will make available non-Federal contributions in
an amount equal to not less than 10 percent of the Federal
funds provided under the grant.
``(2) Satisfying matching requirements.--The non-Federal
contributions required under paragraph (1) may be--
``(A) in cash or in-kind, including services,
fairly evaluated; and
``(B) from--
``(i) any private source;
``(ii) State or local governmental entity;
or
``(iii) nonprofit source.
``(3) Waiver.--The Administrator may waive or reduce the
non-Federal contribution required by paragraph (1) if the
community involved demonstrates that the community cannot meet
the contribution requirement due to financial hardship.
``(e) Limitations.--Amounts appropriated pursuant to the
authorization of appropriations in section 814 for a fiscal year shall
be allocated as follows:
``(1) No more than 5 percent of such funds shall go to
administrative costs;
``(2) 70 percent of such funds shall go toward activities
described in paragraphs (1) through (4) of subsection (a),
after taking into account administrative costs under
subparagraph (A); and
``(3) 30 percent of such funds shall go toward activities
described in paragraphs (5) through (7) of subsection (a),
after taking into account administrative costs under
subparagraph (A).
``SEC. 813. DEFINITIONS.
``In this title:
``(1) Community.--The term `community' means a governance
structure that includes county, parish, city, village,
township, district or borough.
``(2) Class 1 commercial investment.--The term `Class 1
commercial investment' means retail grocery chains, food
service retailers, restaurants and franchises, retail stores,
cafes, shopping malls, and other shops.
``(3) Economically underserved community.--The term
`economically underserved community' means an area suffering
from low income and resultant low purchasing power, limiting
its ability to generate sufficient goods and services to be
used in exchange with other areas to meet current consumption
needs.
``SEC. 814. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Administrator to
make grants under section 812(a) $40,000,000 for each of fiscal years
2022 through 2027.''.
SEC. 20212. PRODUCER DISCRETION TO PLANT ADDITIONAL FRUITS AND
VEGETABLES ON BASE ACRES TO ALLEVIATE FOOD DESERTS
WITHOUT A RESULTING REDUCTION IN PAYMENT ACRES.
Section 1114(e) of the Agricultural Act of 2014 (7 U.S.C. 9014(e))
is amended by adding at the end the following new paragraph:
``(5) Producer discretion to plant additional fruits and
vegetables to alleviate food deserts.--
``(A) Additional planting authority; purpose.--The
percentages specified in paragraphs (2) and (3) are
increased by an additional five percent of base acres,
to 20 percent and 40 percent respectively, if the crops
referred to in paragraph (1) grown on the additional
base acres are grown solely for sale or donation,
directly or indirectly by the producer and with or
without processing, in a food desert.
``(B) Food desert defined.--In this paragraph, the
term `food desert' means a census tract that, as
determined by the Secretary--
``(i) has a poverty rate of 20 percent or
greater; and
``(ii) provides difficult access to a
retail outlet that provides a wide-variety of
fruits and vegetables.''.
PART 2--DIGITAL INFRASTRUCTURE
SEC. 20221. GAO REPORT ON FEDERAL EFFORTS TO EXPAND BROADBAND SERVICE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the efficiency and effectiveness
of efforts by Federal agencies to expand access to broadband service,
including through the programs described in subsection (c).
(b) Included Matters.--The report required by subsection (a) shall
include--
(1) for each program covered by the report and over a
period of time for such program considered appropriate by the
Comptroller General, an analysis of the number of subscribers
that have gained access, through or as a result of such
program, to broadband service that has the capacity to transmit
data to enable subscribers to originate and receive high-
quality voice, data, graphics, and video; and
(2) an analysis of implementation by Federal agencies of
the recommendations of the Broadband Opportunity Council,
established by the Presidential Memorandum entitled ``Expanding
Broadband Deployment and Adoption by Addressing Regulatory
Barriers and Encouraging Investment and Training'' and dated
March 23, 2015.
(c) Included Programs.--The programs described in this subsection
are the following:
(1) Federal universal service support mechanisms
established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
(2) The Broadband Technology Opportunities Program
established under section 6001 of the American Recovery and
Reinvestment Act of 2009 (47 U.S.C. 1305).
(3) Rural broadband loans under section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb).
(4) Telecommunications infrastructure loans under section
201 of the Rural Electrification Act of 1936 (7 U.S.C. 922).
(5) Community Connect grants under the last proviso under
the heading ``Distance Learning, Telemedicine, and Broadband
Program'' in title III of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 2004.
(6) Distance Learning and Telemedicine grants under chapter
1 of subtitle D of title XXIII of the Food, Agriculture,
Conservation, and Trade Act of 1990.
(d) Federal Agency Defined.--In this section, the term ``Federal
agency'' has the meaning given the term ``agency'' in section 551 of
title 5, United States Code.
PART 3--DIRECT LENDING
SEC. 20231. DIRECT LOANS TO SMALL BUSINESS CONCERNS.
(a) In General.--From amounts appropriated pursuant to subsection
(e), the Administrator of the Small Business Administration shall
establish a program to make direct loans to small business concerns (as
defined under section 3 of the Small Business Act (15 U.S.C. 632)).
(b) Amount.--Loans made under this section shall be in an amount
not greater than the lesser of--
(1) 5 percent of the annual revenue of the small business
concern requesting the loan; or
(2) $250,000.
(c) Interest Rate.--The interest rate on a loan made under this
section shall be equal to the discount window primary credit interest
rate most recently published on the Federal Reserve Statistical Release
on selected interest rates (daily or weekly), commonly referred to as
the H.15 release.
(d) Report.--The Administrator of the Small Business Administration
shall submit a report to Congress on the implementation and results of
the program established under this section.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2022 to 2024.
PART 4--NEW ECONOMY AND INNOVATION INVESTMENT
SEC. 20241. COMMISSION ON INNOVATION.
(a) Composition of Commission.--There is established in the Office
of Management and Budget, a commission, to be known as the Commission
on Innovation (hereinafter in this section referred to as the
commission), which shall be composed of the following members:
(1) The Director of the Office of Management and Budget, or
his or her designee, who shall serve as the chair of the
Commission.
(2) Five individuals from the private sector, to be
appointed by the Director of the Office of Management and
Budget.
(3) A representative appointed by the head of each of the
following:
(A) The National Institute of Standards and
Technology.
(B) The National Science Foundation.
(C) The Federal Communications Commission.
(D) The Department of Commerce.
(E) The Department of the Treasury.
(F) The General Service Administration.
(b) Duties of Commission.--The commission shall study new and
developing technologies, and shall make recommendations to each Federal
agency on how the agency should take into consideration the existence,
possible uses, development, and potential effect that such technologies
may have on the agency's carrying out of its statutory duties. The
commission shall submit a report to Congress not later than 1 year
after the effective date of enactment of this Act and annually
thereafter on the activities of the commission during the 12 months
immediately preceding the date of the report, including summaries of
all recommendations made to agencies.
(c) Application of Federal Advisory Commission Act.--The provisions
of the Federal Advisory Committee Act shall apply to the commission.
SEC. 20242. PILOT PROGRAM TO FUND LOCAL INCUBATORS.
(a) Establishment.--The Secretary of Commerce shall establish a
competitive program to make grants to States and political subdivisions
of States to partner with local incubators in order to provide start-
ups with workspace and other resources for use in developing their
businesses.
(b) Eligibility.--The Secretary may only award a grant under this
section to a State or political subdivision of a State that submits an
application at such time, in such form, and with such information and
assurances as the Secretary may require, including an identification of
one or more incubators with which the State or political subdivision
will partner in implementing the grant.
(c) Limitations.--
(1) One grant per state or political subdivision.--A State
or political subdivision of a State may not receive more than
one grant under this section. For purposes of the preceding
sentence, a grant received by a State shall not be considered
to be received by a political subdivision of the State, and a
grant received by a political subdivision of a State shall not
be considered to be received by the State.
(2) Amount of grant.--A grant awarded under this section
may not exceed $500,000.
(d) Use of Funds.--
(1) In general.--A State or political subdivision of a
State that receives a grant under this section shall use grant
funds to partner with one or more incubators located within the
territory of such State or political subdivision in order to
provide start-ups with workspace and other resources for use in
developing their businesses. The partnership may take such form
as the Secretary considers appropriate, including one or more
subgrants from the State or political subdivision to the
incubator or incubators.
(2) Specific expenses included.--Grant funds may be used
for any expense incurred in order to provide start-ups with
workspace and other resources for use in developing their
businesses, including--
(A) purchase or rental of land;
(B) modification of buildings;
(C) charges for utility services or broadband
service;
(D) fees of consultants for the provision of
technical or professional assistance;
(E) costs of promoting the incubator or incubators;
and
(F) any other such expense that the Secretary
considers appropriate.
(e) Matching Requirement.--A State or political subdivision of a
State may not partner with an incubator (or group of incubators) in
implementing a grant under this section unless the incubator (or group
of incubators) agrees that, with respect to the expenses to be incurred
in carrying out activities within the scope of the partnership, the
incubator (or group of incubators) will make available from private
funds contributions in an amount equal to not less than 50 percent of
the amount made available by the State or political subdivision from
grant funds under this section.
(f) Report to Congress.--Not later than 180 days after the end of
fiscal year 2022, the Secretary shall submit to Congress a report on
the results achieved by the grant program established under this
section. Such report shall include recommendations of the Secretary
with respect to extending, expanding, or improving the program.
(g) Definitions.--In this section:
(1) Incubator.--The term ``incubator'' means a private-
sector entity that--
(A) provides start-ups with workspace and other
resources (such as utilities, broadband service, and
technical or professional assistance) for use in
developing their businesses; and
(B) may charge start-ups a reasonable fee for such
resources.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Start-up.--The term ``start-up'' means any business
entity (including an individual operating an unincorporated
business) that, as of the time the entity receives resources
from an incubator--
(A) has been in operation for not more than 5
years;
(B) has not more than 5 employees; and
(C) for the most recently completed fiscal year of
the entity (if any) and any preceding fiscal year, has
annual gross revenues of less than $150,000.
(4) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian tribe.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000, of
which not more than 5 percent shall be available for the costs of
administering the grant program established under this section, for
each of the fiscal years 2022 through 2024.
SEC. 20243. EXTENSION AND IMPROVEMENT OF NEW MARKETS TAX CREDIT.
(a) Extension.--Section 45D(f)(1) of the Internal Revenue Code of
1986 is amended by adding ``, and'' at the end of subparagraph (F), by
striking the period at the end of subparagraph (G) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(H) $10,000,000,000 for each of calendar years
2021 through 2030.''.
(b) Degree of Distress of Targeted Community Taken Into Account in
Making Allocations.--
(1) In general.--Section 45D(f)(2) of such Code is amended
by inserting the following after the first sentence: ``In
making allocations under this paragraph, the Secretary shall
take into account the entity's business strategy, community
impact, management capacity, and capitalization strategy, and
the degree of distress of the communities served by the
entity.''.
(2) Conforming amendment.--Section 45D(f)(2) of such Code
is amended by striking ``under the preceding sentence'' and
inserting ``under this paragraph''.
(c) Increased Credit for Investments in Community Development
Entities Serving Distressed Communities.--Section 45D of such Code is
amended by redesignating subsections (h) and (i) as subsections (i) and
(j), respectively, and by inserting after subsection (g) the following
new subsection:
``(h) Increased Credit for Investments in Community Development
Entities Serving Distressed Communities.--
``(1) In general.--In the case of a qualified equity
investment in a qualified distressed community development
entity, subsection (a)(2) shall be applied--
``(A) by substituting `6 percent' for `5 percent'
in subparagraph (A), and
``(B) by substituting `7 percent' for `6 percent'
in subparagraph (B).
``(2) Qualified distressed community development entity.--
For purposes of this subsection--
``(A) In general.--The term `qualified distressed
community development entity' means any qualified
community development entity if--
``(i) a substantial portion of the services
and investment capital provided by such entity
is provided with respect to distressed
communities, and
``(ii) such entity is certified by the
Secretary for purposes of this section as being
a qualified distressed community development
entity.
``(B) Distressed community.--The term `distressed
community' means any population census tract (or
equivalent county division within the meaning of
subsection (e)(3)) which would be a low-income
community if--
``(i) subsection (e)(1)(A) were applied by
substituting `30 percent' for `20 percent', and
``(ii) subsection (e)(1)(B) were applied by
substituting `60 percent' for `80 percent' each
place it appears.''.
(d) Effective Dates.--
(1) Extension.--The amendments made by subsection (a) shall
apply to calendar years after 2021.
(2) Degree of distress of targeted community taken into
account in making allocations.--The amendments made by
subsection (b) shall apply to allocations made by the Secretary
after the date of the enactment of this Act.
(3) Increased credit for investments in community
development entities serving distressed communities.--The
amendments made by subsection (c) shall apply to qualified
equity investments acquired at original issue after the date of
the enactment of this Act.
SEC. 20244. RACE TO THE SHOP.
(a) Program Authorized.--From the amounts appropriated under
subsection (e), the Secretary of Labor shall award grants, on a
competitive basis, to eligible entities to increase and improve skills
training for current and prospective workers in highly-skilled
industries.
(b) Application.--To receive a grant under this section, 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, which shall include the following:
(1) A bold economic plan for the eligible entity that
builds on the special assets and strengths of the entity in
highly-skilled industries, as such assets and strengths are
determined by the entity.
(2) An identification and prioritization of key weaknesses
or barriers (such as lack of strong vocational education or
skills training system, or absence of customized training for
industrial firms and sectors), as determined by the eligible
entity, to successfully implementing such plan.
(3) A description of strategies that will carry out the
plan through projects and investments, with deep and
sustainable involvement of highly-skilled industries.
(4) A description of how other Federal and non-Federal
funds will be leverage in support of such strategies.
(5) A description of how the eligible entity will reform
the entity's policies or governance in support of such
strategies.
(c) Use of Funds.--An eligible entity that receives a grant under
this section shall use such grant to carry out the entity's bold
economic plan described in subsection (b)(1).
(d) Limitation.--An eligible entity may not receive assistance from
more than 1 grant awarded under this section for a fiscal year.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 2022 through 2026.
(f) Definitions.--In this subtitle:
(1) Eligible entity.--The term ``eligible entity'' means a
State or unit of general local government.
(2) Highly-skilled industry.--The term ``highly-skilled
industry'' includes the manufacturing industry.
(3) WIOA terms.--The terms ``State'' and ``unit of general
local government'' have the meanings given the terms in section
3 of the Workforce Investment and Opportunity Act (29 U.S.C.
3102).
PART 5--EXPANDED ACCESS TO CARE
SEC. 20251. STUDY ON THE UNINSURED.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall--
(1) conduct a study, in accordance with the standards under
section 3101 of the Public Health Service Act (42 U.S.C.
300kk), on the demographic characteristics of the population of
individuals who do not have health insurance coverage;
(2) include in such study an analysis of the usage by such
population of emergency room and urgent care facilities; and
(3) predict, based on such study, the demographic
characteristics of the population of individuals who would
remain without health insurance coverage after the end of open
enrollment or any special enrollment period.
(b) Reporting Requirements.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall submit to the
Congress the results of the study under subsection (a) and the
prediction made under subsection (a)(3).
(2) Reporting of demographic characteristics.--The
Secretary shall report the demographic characteristics under
paragraphs (1), (2), and (3) of subsection (a) on the basis of
racial and ethnic group, and shall stratify the reporting on
each racial and ethnic group by other demographic
characteristics that can impact access to health insurance
coverage, such as sexual orientation, gender identity, primary
language, disability status, sex, socioeconomic status, age
group, and citizenship and immigration status, in a manner
consistent with part 1 of this subtitle.
SEC. 20252. VOLUNTEER DENTAL PROJECTS AND ACTION FOR DENTAL HEALTH
PROGRAM.
Part B of title III of the Public Health Service Act is revised by
amending section 317M (42 U.S.C. 247b-14) as follows:
(1) by redesignating subsections (e) and (f) as (g) and
(h), respectively;
(2) by inserting after subsection (d), the following:
``(e) Grants To Support Volunteer Dental Projects.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants to or enter into contracts with eligible entities
to obtain portable or mobile dental equipment, and pay for
appropriate operational costs, for the provision of free dental
services to underserved populations that are delivered in a
manner consistent with State licensing laws.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' includes a State or local dental association,
a State oral health program, a dental education, dental hygiene
education, or postdoctoral dental education program accredited
by the Commission on Dental Accreditation, and a community-
based organization that partners with an academic institution,
that--
``(A) is exempt from tax under section 501(c) of
the Internal Revenue Code of 1986; and
``(B) offers a free dental services program for
underserved populations.
``(f) Action for Dental Health Program.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants to or enter into contracts with eligible entities
to collaborate with State, county, or local public officials
and other stakeholders to develop and implement initiatives to
accomplish any of the following goals:
``(A) To improve oral health education and dental
disease prevention, including community-wide prevention
programs, use of dental sealants and fluoride varnish,
and increasing oral health literacy.
``(B) To make the health care delivery system
providing dental services more accessible and efficient
through the development and expansion of outreach
programs that will facilitate the establishment of
dental homes for children and adults, including the
aged, blind, and disabled populations.
``(C) To reduce geographic, language, cultural, and
similar barriers in the provision of dental services.
``(D) To help reduce the use of emergency
departments by those who seek dental services more
appropriately delivered in a dental primary care
setting.
``(E) To facilitate the provision of dental care to
nursing home residents who are disproportionately
affected by lack of care.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' includes a State or local dental association,
a State oral health program, or a dental education, dental
hygiene, or postdoctoral dental education program accredited by
the Commission on Dental Accreditation, and a community-based
organization that partners with an academic institution, that--
``(A) is exempt from tax under section 501(c) of
the Internal Revenue Code of 1986; and
``(B) partners with public and private stakeholders
to facilitate the provision of dental services for
underserved populations.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2022 through 2027''.
SEC. 20253. CRITICAL ACCESS HOSPITAL IMPROVEMENTS.
(a) Elimination of Isolation Test for Cost-Based Ambulance
Reimbursement.--
(1) In general.--Section 1834(l)(8) of the Social Security
Act (42 U.S.C. 1395m(l)(8)) is amended--
(A) in subparagraph (B)--
(i) by striking ``owned and''; and
(ii) by inserting ``(including when such
services are provided by the entity under an
arrangement with the hospital)'' after
``hospital''; and
(B) by striking the comma at the end of
subparagraph (B) and all that follows and inserting a
period.
(2) Effective date.--The amendments made by this subsection
shall apply to services furnished on or after January 1, 2021.
(b) Provision of a More Flexible Alternative to the CAH Designation
25 Inpatient Bed Limit Requirement.--
(1) In general.--Section 1820(c)(2) of the Social Security
Act (42 U.S.C. 1395i-4(c)(2)) is amended--
(A) in subparagraph (B)(iii), by striking
``provides not more than'' and inserting ``subject to
subparagraph (F), provides not more than''; and
(B) by adding at the end the following new
subparagraph:
``(F) Alternative to 25 inpatient bed limit
requirement.--
``(i) In general.--A State may elect to
treat a facility, with respect to the
designation of the facility for a cost-
reporting period, as satisfying the requirement
of subparagraph (B)(iii) relating to a maximum
number of acute care inpatient beds if the
facility elects, in accordance with a method
specified by the Secretary and before the
beginning of the cost reporting period, to meet
the requirement under clause (ii).
``(ii) Alternate requirement.--The
requirement under this clause, with respect to
a facility and a cost-reporting period, is that
the total number of inpatient bed days
described in subparagraph (B)(iii) during such
period will not exceed 7,300. For purposes of
this subparagraph, an individual who is an
inpatient in a bed in the facility for a single
day shall be counted as one inpatient bed day.
``(iii) Withdrawal of election.--The option
described in clause (i) shall not apply to a
facility for a cost-reporting period if the
facility (for any two consecutive cost-
reporting periods during the previous 5 cost-
reporting periods) was treated under such
option and had a total number of inpatient bed
days for each of such two cost-reporting
periods that exceeded the number specified in
such clause.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to cost-reporting periods beginning on or after the
date of the enactment of this Act.
SEC. 20254. COMMUNITY HEALTH CENTER COLLABORATIVE ACCESS EXPANSION.
Section 330 of the Public Health Service Act (42 U.S.C. 254b) is
amended by adding at the end the following:
``(t) Miscellaneous Provisions.--
``(1) Rule of construction with respect to rural health
clinics.--Nothing in this section shall be construed to prevent
a community health center from contracting with a federally
certified rural health clinic (as defined by section
1861(aa)(2) of the Social Security Act) for the delivery of
primary health care and other mental, dental, and physical
health services that are available at the rural health clinic
to individuals who would otherwise be eligible for free or
reduced cost care if that individual were able to obtain that
care at the community health center. Such services may be
limited in scope to those primary health care and other mental,
dental, and physical health services available in that rural
health clinic.
``(2) Enabling services.--To the extent possible, enabling
services such as transportation and translation assistance
shall be provided by rural health clinics described in
paragraph (1).
``(3) Assurances.--In order for a rural health clinic to
receive funds under this section through a contract with a
community health center for the delivery of primary health care
and other services described in paragraph (1), such rural
health clinic shall establish policies to ensure--
``(A) nondiscrimination based upon the ability of a
patient to pay;
``(B) the establishment of a sliding fee scale for
low-income patients; and
``(C) any such services should be subject to full
reimbursement according to the Prospective Payment
System scale.''.
Subtitle C--Minority Bank Deposit Program
SEC. 20301. FINDINGS.
Congress finds the following:
(1) On March 5, 1969, pursuant to Executive Order 11458,
the Minority Bank Deposit Program was established as a national
program supporting minority-owned business enterprise. It was
expanded in 1971 under Executive Order 11625 and in 1979 under
Executive Order 12138. The Competitive Equality Banking Act of
1987 (Public Law 100-86) and the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (Public Law 101-73)
include provisions supporting the intent of the Minority Bank
Deposit Program.
(2) Under the leadership of President Jimmy Carter, on
April 8, 1977, a memorandum for all heads of Federal agencies
and departments was signed. This document promoted the use of
minority-owned business enterprises by placing deposits in
minority banks. The agency assigned to head this program was
the Department of the Treasury.
(3) The Fiscal Assistant Secretary of the Department of the
Treasury is responsible for certifying financial institutions
that are eligible for participation in the Minority Bank
Deposit Program.
(4) Although the program continues today, the overwhelming
majority of financial institutions certified under the Minority
Bank Deposit Program do not have existing relationships with
the Federal agencies which suggests the need for reforms to
increase utilization of eligible institutions.
SEC. 20302. MINORITY BANK DEPOSIT PROGRAM.
(a) 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 BANKS, WOMEN'S BANKS, AND
LOW-INCOME CREDIT UNIONS.
``(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 banks, women's banks, and low-income credit unions.
``(2) Administration.--The Secretary of the Treasury,
acting through 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 bank, women's
bank, or low-income credit union;
``(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 the enactment
of this section, has a current certification from the Secretary
of the Treasury stating that such depository institution or
credit union is a minority bank, women's bank, or low-income
credit union 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 ensure, to the maximum
extent possible as permitted by law, the use of minority banks,
women's banks, and low-income credit unions to serve the
financial needs 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 banks, women's banks, and low-
income credit unions to serve the financial needs 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 `insured depository
institution' in section 3 of the Federal Deposit Insurance Act
(12 U.S.C. 1813).
``(3) Low-income credit union.--The term `low-income credit
union' means any entity described in section 19(b)(1)(A)(iv) of
the Federal Reserve Act.
``(4) Minority.--The term `minority' means any Black
American, Native American, Hispanic American, or Asian
American.
``(5) Minority bank.--The term `minority bank' means any
bank described in clause (i), (ii), or (iii) of section
19(b)(1)(A) of the Federal Reserve Act--
``(A) more than 50 percent of the outstanding
shares of which are held by 1 or more minority
individuals;
``(B) the majority of the directors on the board of
directors of which are minority individuals; and
``(C) a significant percentage of senior management
positions of which are held by minority individuals.
``(6) Women's bank.--The term `women's bank' means any bank
described in clause (i), (ii), or (iii) of section 19(b)(1)(A)
of the Federal Reserve Act--
``(A) more than 50 percent of the outstanding
shares of which are held by 1 or more women;
``(B) the majority of the directors on the board of
directors of which are women; and
``(C) a significant percentage of senior management
positions of which are held by women.''.
(b) Conforming Amendments.--The following provisions are amended by
striking ``1204(c)(3)'' and inserting ``1204(c)'':
(1) Section 808(b)(3) of the Community Reinvestment Act of
1977 (12 U.S.C. 2907(b)(3)).
(2) Section 40(g)(1)(B) of the Federal Deposit Insurance
Act (12 U.S.C. 1831q(g)(1)(B)).
(3) Section 704B(h)(4) of the Equal Credit Opportunity Act
(15 U.S.C. 1691c-2(h)(4)).
SEC. 20303. AMENDMENTS TO THE COMMUNITY REINVESTMENT ACT.
Section 804(b) of the Community Reinvestment Act of 1977 (12 U.S.C.
2903(b)) is amended to read as follows:
``(b) Cooperation With Minority Banks, Women's Banks, and Low-
Income Credit Unions Considered.--
``(1) In general.--In assessing and taking into account,
under subsection (a), the record of a financial institution,
the appropriate Federal financial supervisory agency shall
consider as a factor capital investment, loan participation,
and other ventures undertaken by the institution in cooperation
with minority banks, women's banks, community development
financial institutions, and low-income credit unions provided
that these activities help meet the credit needs of local
communities in which such institutions and credit unions are
chartered.
``(2) Definitions.--
``(A) FIRREA definitions.--The terms `low-income
credit union', `minority bank', and `women's bank' have
the meanings given such terms, respectively, in section
1204(c) of the Financial Institutions Reform, Recovery,
and Enforcement Act of 1989 (12 U.S.C. 1811 note).
``(B) Community development financial
institution.--The term `community development financial
institution' has the meaning given in section 103(5) of
the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702(5)).''.
SEC. 20304. CONSIDERATIONS WHEN ASSESSING FINANCIAL INCLUSION FOR
FEDERALLY CHARTERED FINANCIAL INSTITUTIONS.
(a) In General.--In assessing and taking into account the record of
a federally chartered financial institution under any financial
inclusion assessment process created by the Comptroller of the Currency
in any rule relating to the chartering of a financial institution, the
Comptroller shall consider as a factor capital investment, loan
participation, and other ventures undertaken by the bank in cooperation
with minority banks, women's banks, community development financial
institutions, and low-income credit unions, provided that these
activities help meet the financial needs of local communities in which
the federally chartered financial institution provides financial
products or services.
(b) Definitions.--For purposes of this section:
(1) Community development financial institution.--The term
``community development financial institution'' has the meaning
given in section 103(5) of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4702(5)).
(2) Financial inclusion assessment process.--The term
``financial inclusion assessment process'' means any process
relating to the chartering of a financial institution whereby
the Comptroller of the Currency assesses and takes into account
the financial institution's record of meeting the financial
needs of the bank's entire community, including low- and
moderate-income neighborhoods, consistent with the safe and
sound operation of such bank.
(3) Financial product or service.--The term ``financial
product or service'' has the meaning given such term in section
1002 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5481).
(4) FIRREA definitions.--The terms ``low-income credit
union'', ``minority bank'', and ``women's bank'' have the
meanings given such terms, respectively, in section 1204(c) of
the Financial Institutions Reform, Recovery, and Enforcement
Act of 1989 (12 U.S.C. 1811 note).
Subtitle D--Ensuring Diverse Leadership
SEC. 20401. SHORT TITLE.
This subtitle may be cited as the ``Ensuring Diverse Leadership Act
of 2020''.
SEC. 20402. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) while significant progress has occurred due to the
antidiscrimination amendments to the Federal Reserve Act,
barriers continue to pose significant obstacles for candidates
reflective of gender diversity and racial or ethnic diversity
for Federal Reserve bank president positions in the Federal
Reserve System;
(2) the continuing barriers described in paragraph (1)
merit the following amendment;
(3) Congress has received and reviewed testimony and
documentation of the historical lack of gender, racial, and
ethnic diversity from numerous sources, including congressional
hearings, scientific reports, reports issued by public and
private agencies, news stories, and reports of related barriers
by organizations and individuals, which show that
race-, ethnicity-, and gender-neutral efforts alone are
insufficient to address the problem;
(4) the testimony and documentation described in paragraph
(3) demonstrate that barriers across the United States prove
problematic for full and fair participation in developing
monetary policy by individuals reflective of gender diversity
and racial or ethnic diversity; and
(5) the testimony and documentation described in paragraph
(3) provide a strong basis that there is a compelling need for
the below amendment to address the historical lack of gender,
racial, and ethnic diversity in the Federal Reserve regional
bank presidents selection process in the Federal Reserve
System.
SEC. 20403. FEDERAL RESERVE BANK PRESIDENTS.
(a) In General.--The provision designated ``fifth'' of the fourth
undesignated paragraph of section 4 of the Federal Reserve Act (12
U.S.C. 341) is amended by inserting after ``employees.'' the following:
``In making the appointment of a president, the bank shall interview at
least one individual reflective of gender diversity and one individual
reflective of racial or ethnic diversity.''.
(b) Report.--Not later than January 1 of each year, each Federal
reserve bank shall submit to the Committee on Banking, Housing, and
Urban Affairs of the Senate, the Committee on Financial Services of the
House of Representatives, and the Office of Inspector General for the
Board of Governors of the Federal Reserve System and the Bureau of
Consumer Financial Protection a report describing the applicant pool
demographic for the position of the president of the Federal reserve
bank for the preceding fiscal year, if applicable.
SEC. 20404. TECHNICAL ADJUSTMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 418(b) of the American Competitiveness and Workforce
Improvement Act of 1998 (8 U.S.C. 1184 note) is amended by striking
``Chairman of the Board of Governors'' and inserting ``Chair of the
Board of Governors''.
(b) Bretton Woods Agreements Act.--The Bretton Woods Agreements Act
(22 U.S.C. 286 et seq.) is amended--
(1) in section 4(a), by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of Governors'';
and
(2) in section 45(a)(1), by striking ``chairman of the
board of Governors'' and inserting ``Chair of the Board of
Governors''.
(c) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5301 et seq.) is amended by striking ``Chairman of the Board'' each
place such term appears and inserting ``Chair of the Board''.
(d) Emergency Economic Stabilization Act of 2008.--The Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) is amended
by striking ``Chairman of the Board'' each place such term appears and
inserting ``Chair of the Board''.
(e) Emergency Loan Guarantee Act.--Section 2 of the Emergency Loan
Guarantee Act (15 U.S.C. 1841) is amended by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board of Governors''.
(f) Emergency Steel Loan Guarantee and Emergency Oil and Gas
Guaranteed Loan Act of 1999.--The Emergency Steel Loan Guarantee and
Emergency Oil and Gas Guaranteed Loan Act of 1999 (15 U.S.C. 1841 note)
is amended--
(1) in section 101(e)(2)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman,'' and inserting
``Chair,''; and
(2) in section 201(d)(2)(B)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman,'' and inserting
``Chair,''.
(g) Farm Credit Act of 1971.--Section 4.9(d)(1)(C) of the Farm
Credit Act of 1971 (12 U.S.C. 2160(d)(1)(C)) is amended by striking
``Chairman of the Board of Governors'' and inserting ``Chair of the
Board of Governors''.
(h) Federal Deposit Insurance Act.--The Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.) is amended--
(1) in section 7(a)(3), by striking ``Chairman of the Board
of Governors'' and inserting ``Chair of the Board of
Governors''; and
(2) in section 10(k)(5)(B)(ii), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the Board of
Governors''.
(i) Federal Reserve Act.--The Federal Reserve Act (12 U.S.C. 226 et
seq.) is amended--
(1) by striking ``chairman'' each place such term appears
and inserting ``chair'';
(2) by striking ``Chairman'' each place such term appears
other than in section 11(r)(2)(B) and inserting ``Chair'';
(3) in section 2, in the sixth undesignated paragraph--
(A) in the second sentence, by striking ``his'' and
inserting ``the Comptroller of the Currency's''; and
(B) in the third sentence, by striking ``his'' and
inserting ``the director's'';
(4) in section 4--
(A) in the third undesignated paragraph, by
striking ``his office'' and inserting ``the Office of
the Comptroller of the Currency'';
(B) in the fourth undesignated paragraph, in the
provision designated ``fifth'', by striking ``his'' and
inserting ``the person's'';
(C) in the eighth undesignated paragraph, by
striking ``his'' and inserting ``the chair's'';
(D) in the seventeenth undesignated paragraph--
(i) by striking ``his'' and inserting ``the
officer's''; and
(ii) by striking ``he'' and inserting ``the
individual'';
(E) in the twentieth undesignated paragraph--
(i) by striking ``He'' each place such term
appears and inserting ``The chair'';
(ii) in the third sentence--
(I) by striking ``his'' and
inserting ``the''; and
(II) by striking ``he'' and
inserting a comma; and
(iii) in the fifth sentence, by striking
``he'' and inserting ``the chair''; and
(F) in the twenty-first undesignated paragraph, by
striking ``his'' each place such term appears and
inserting ``the agent's'';
(5) in section 6, in the second undesignated paragraph, by
striking ``he'' and inserting ``the Comptroller of the
Currency'';
(6) in section 9A(c)(2)(C), by striking ``he'' and
inserting ``the participant'';
(7) in section 10--
(A) by striking ``he'' each place such term appears
and inserting ``the member'';
(B) in the second undesignated paragraph, by
striking ``his'' and inserting ``the member's''; and
(C) in the fourth undesignated paragraph--
(i) in the second sentence, by striking
``his'' and inserting ``the chair's'';
(ii) in the fifth sentence, by striking
``his'' and inserting ``the member's''; and
(iii) in the sixth sentence, by striking
``his'' and inserting ``the member's'';
(8) in section 12, by striking ``his'' and inserting ``the
member's'';
(9) in section 13, in the tenth undesignated paragraph, by
striking ``his'' and inserting ``the assured's'';
(10) in section 16--
(A) by striking ``he'' each place such term appears
and inserting ``the agent'';
(B) in the seventh undesignated paragraph--
(i) by striking ``his'' and inserting ``the
agent's''; and
(ii) by striking ``himself'' and inserting
``the agent'';
(C) in the tenth undesignated paragraph, by
striking ``his'' and inserting ``the Secretary's''; and
(D) in the fifteenth undesignated paragraph, by
striking ``his'' and inserting ``the agent's'';
(11) in section 18, in the eighth undesignated paragraph,
by striking ``he'' and inserting ``the Secretary of the
Treasury'';
(12) in section 22--
(A) in subsection (f), by striking ``his'' and
inserting ``the director's or officer's''; and
(B) in subsection (g)--
(i) in paragraph (1)(D)--
(I) by striking ``him'' and
inserting ``the officer''; and
(II) by striking ``he'' and
inserting ``the officer''; and
(ii) in paragraph (2)(A), by striking ``him
as his'' and inserting ``the officer as the
officer's''; and
(13) in section 25A--
(A) in the twelfth undesignated paragraph--
(i) by striking ``he'' each place such term
appears and inserting ``the member''; and
(ii) by striking ``his'' and inserting
``the member's'';
(B) in the fourteenth undesignated paragraph, by
striking ``his'' and inserting ``the director's or
officer's''; and
(C) in the twenty-second undesignated paragraph, by
striking ``his'' each place such term appears and
inserting ``such individual's''.
(j) Federal Reserve Reform Act of 1977.--Section 204(b) of the
Federal Reserve Reform Act of 1977 (12 U.S.C. 242 note) is amended by
striking ``Chairman or Vice Chairman of the Board of Governors'' and
inserting ``Chair or Vice Chair of the Board of Governors''.
(k) Financial Institutions Reform, Recovery, and Enforcement Act of
1989.--The Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 is amended--
(1) in section 308 (12 U.S.C. 1463 note)--
(A) in subsection (a), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the
Board of Governors''; and
(B) in subsection (c), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the
Board of Governors'';
(2) in section 1001(a) (12 U.S.C. 1811 note), by striking
``Chairman of the Board of Governors'' and inserting ``Chair of
the Board of Governors''; and
(3) in section 1205(b)(1)(A) (12 U.S.C. 1818 note)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman's'' and inserting
``Chair's''.
(l) Food, Conservation, and Energy Act of 2008.--Section 13106(a)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note) is
amended by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''.
(m) Housing and Community Development Act of 1992.--Section
1313(a)(3) of the Housing and Community Development Act of 1992 (12
U.S.C. 4513(a)(3)) is amended--
(1) in the heading, by striking ``chairman'' and inserting
``chair'';
(2) by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''; and
(3) by striking ``Chairman regarding'' and inserting
``Chair regarding''.
(n) Inspector General Act of 1978.--Section 8G of the Inspector
General Act of 1978 is amended by striking ``Chairman of the Board of
Governors'' each place such term appears and inserting ``Chair of the
Board of Governors''.
(o) International Lending Supervision Act of 1983.--Section
908(b)(3)(C) of the International Lending Supervision Act of 1983 (12
U.S.C. 3907(b)(3)(C)) is amended by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of Governors''.
(p) Neighborhood Reinvestment Corporation Act.--Section 604(a)(3)
of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8103(a)(3))
is amended by striking ``Chairman'' each place it appears and inserting
``Chair''.
(q) Public Law 93-495.--Section 202(a)(1) of Public Law 93-495 (12
U.S.C. 2402(a)(1)) is amended--
(1) by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''; and
(2) by striking ``his'' and inserting ``the Chair's''.
(r) Sarbanes-Oxley Act of 2002.--Section 101(e)(4)(A) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(A)) is amended by
striking ``Chairman of the Board of Governors'' and inserting ``Chair
of the Board of Governors''.
(s) Securities Exchange Act of 1934.--Section 17A(f)(4)(C) of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-1(f)(4)(C)) is amended
by striking ``Chairman of the Board of Governors'' and inserting
``Chair of the Board of Governors''.
(t) Title 31.--Title 31, United States Code, is amended--
(1) in section 1344(b)(7), by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board of
Governors''; and
(2) in section 5318A, by striking ``Chairman of the Board
of Governors'' each place such term appears and inserting
``Chair of the Board of Governors''.
(u) Trade Act of 1974.--Section 163(b)(3) of the Trade Act of 1974
(19 U.S.C. 2213(b)(3)) is amended by striking ``Chairman of the Board
of Governors'' and inserting ``Chair of the Board of Governors''.
(v) Deeming of Name.--Any reference in a law, regulation, document,
paper, or other record of the United States to the Chairman of the
Board of Governors of the Federal Reserve System shall be deemed to be
a reference to the Chair of the Board of Governors of the Federal
Reserve System.
Subtitle E--Startup Opportunity Accelerator
SEC. 20501. SHORT TITLE.
This subtitle may be cited as the ``Startup Opportunity Accelerator
Act of 2020'' or the ``SOAR Act''.
SEC. 20502. FINDINGS.
Congress finds that--
(1) startups have contributed greatly to the United States
economy, with research showing that between 1982 and 2011,
businesses 5 years or younger were responsible for nearly every
net new job created;
(2) startups face common challenges as they seek to
transform their ideas into successful, high-growth businesses;
(3) 4 metropolitan areas in 3 States--the San Francisco Bay
Area, New York City, Boston, and Los Angeles--receive nearly 75
percent of all venture capital investment, which is a critical
source of funding for high-growth startups;
(4) of startups that receive venture capital funding, 2
percent are African-American-owned, 6 percent are Latino-owned,
and only 13 percent are owned solely by women;
(5) incubators and accelerators are new models of growth
that drive innovation by connecting entrepreneurial individuals
and teams to create viable business ventures and social
initiatives;
(6) incubators and accelerators support promising startups
through partnerships, mentoring, and resources connecting them
with seasoned entrepreneurs;
(7) the goal of an incubator or an accelerator is to help
create and grow young businesses by providing them with
necessary financial, technical, and industry support and
financial and technical services; and
(8) startups offer unique opportunities for growth and
development for women, minority, and veterans to become
successful entrepreneurs and leaders in new and developed
fields.
SEC. 20503. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
(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 the following:
``SEC. 49. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
``(a) Definitions.--In this section--
``(1) the term `accelerator' means an organization that--
``(A) frequently provides, but is not exclusively
designed to provide, seed investment in exchange for a
small amount of equity;
``(B) works with a startup for a predetermined
amount of time;
``(C) provides mentorship and instruction to scale
businesses; or
``(D) offers startup capital or the opportunity to
raise capital from outside investors;
``(2) 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);
``(3) the term `eligible entity' means an organization--
``(A) that is located in the United States;
``(B) the primary purpose of which is to support
new small business concerns; and
``(C) that is often classified as an accelerator;
``(4) the term `new small business concern' means a small
business concern that has been in operation for not more than 5
years;
``(5) 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); and
``(6) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``(b) Funding.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall develop and
begin implementing a program to award cash grants of not more
than $100,000 to eligible entities to support new small
business concerns.
``(2) Use of funds.--A grant under this section--
``(A) may be used for construction costs, space
acquisition, and programmatic purposes; and
``(B) may not be used to provide capital or
professional services to new small business concerns
directly or through the subaward of funds.
``(3) Disbursal of funds.--In disbursing funds under this
section, the Administrator may use incremental or scheduled
payments.
``(c) Application.--
``(1) In general.--An eligible entity desiring a grant
under this section shall demonstrate that the eligible entity
will use the grant to provide assistance to not less than 10
new small business concerns per year.
``(2) Requirements.--In soliciting applications and
awarding grants to eligible entities under this section, the
Administrator shall employ a streamlined and inclusive approach
that--
``(A) widely publicizes funding opportunities to a
broad audience, including through the use of digital
resources such as the website of the Administration and
social media;
``(B) utilizes an easily accessible submission
process or platform;
``(C) shall make every effort to minimize--
``(i) the use of forms, detailed budgets,
supporting documentation, or written
submissions; and
``(ii) any other burdensome requirement;
``(D) focuses on solution-based approaches and
results-based outcomes;
``(E) encourages innovation; and
``(F) allows proposals or pitches to be presented
using various formats or media.
``(d) Criteria.--The Administrator shall establish criteria for a
grant under this section shall give priority to eligible entities that
are providing or plan to provide to new small business concerns--
``(1) office, manufacturing, or warehouse space, including
appropriate operations infrastructure;
``(2) access to capital either directly from the eligible
entity (using amounts other than the amounts provided under the
grant) or through guidance and contacts for acquiring capital
from outside investors;
``(3) access to professional services either directly from
the eligible entity (using amounts other than the amounts
provided under the grant) or through guidance and contacts for
acquiring professional services, including accounting and legal
services; or
``(4) a formal structured mentorship or developmental
program that assists new small business concerns with building
business skills and competencies.
``(e) Considerations in Choosing Recipients.--In determining
whether to award a grant under this section to an eligible entity, the
Administrator shall take into account--
``(1) for eligible entities that have in operation a
program to support new small business concerns, the record of
the eligible entity in assisting new small business concerns,
including, for each of the 3 full years before the date on
which the eligible entity applies for a grant under this
section--
``(A) the retention rate of new small business
concerns in the program of the eligible entity;
``(B) the average period of participation by new
small business concerns in the program of the eligible
entity;
``(C) the total, average, and median capital raised
by new small business concerns participating in the
program of the eligible entity; and
``(D) the total, average, and median number of
employees of new small business concerns participating
in the program of the eligible entity;
``(2) for all eligible entities--
``(A) the number of new small business concerns
assisted or anticipated to be assisted by the eligible
entity;
``(B) the number of new small business concerns
applying or anticipated to apply for assistance from
the eligible entity;
``(C) whether the program of the eligible entity
provides or would provide assistance to individuals in
gender, racial, or ethnic groups underrepresented by
existing programs to assist new small business
concerns; and
``(D) other metrics determined appropriate by the
Administrator;
``(3) the need in the geographic area to be served by the
program to be carried out using the grant for additional
assistance for new small business concerns, if the area has
sufficient population density, as determined by the
Administrator;
``(4) the level of experience of the entrepreneurial
leadership of the eligible entity; and
``(5) the ability of the eligible entity to use and
leverage local strengths, including human resources,
infrastructure, and educational institutions.
``(f) Requirement To Award Grants to Certain Accelerators.--In
order to promote diversity in entrepreneurship, the Administrator shall
award not less than 50 percent of amounts appropriated for grants in a
given fiscal year to--
``(1) accelerators located in an area described in
subparagraph (A), (B), or (C) of section 3(p)(1); and
``(2) accelerators for which not less than 50 percent of
the small business concerns served by the accelerator are small
business concerns--
``(A) owned and controlled by socially and
economically disadvantaged individuals;
``(B) owned and controlled by women; or
``(C) that are not less than 51 percent owned by
one or more--
``(i) Native Americans;
``(ii) individuals participating in the
Transition Assistance Program of the Department
of Defense;
``(iii) individuals who--
``(I) served on active duty in any
branch of the Armed Forces, including
the National Guard and Reserves; and
``(II) were discharged or released
from such service under conditions
other than dishonorable;
``(iv) formerly incarcerated individuals;
or
``(v) individuals with a disability.
``(g) Matching Nonpublic Funding Requirement.--
``(1) In general.--An eligible entity receiving a grant
under this section shall obtain funds from a private individual
or entity (including a for-profit or nonprofit entity) that
are--
``(A) for the same purposes as a grant may be made
under this section;
``(B) used to carry out the program of the eligible
entity carried out using the grant under this section;
and
``(C) in an amount that is not to be less than 50
percent of the amount of the grant under this section.
``(2) Form of non-federal share.--Not more than 25 percent
of the funds obtained under paragraph (1) may be in the form of
in-kind contributions.
``(h) Consequences of Failure To Abide by Terms or Conditions of
Grant or Requirements of This Section.--The Administrator shall notify
each eligible entity receiving a grant under this section that failure
to abide by the terms and conditions of the grant or the requirements
of this section may, in the discretion of the Administrator and in
addition to any other civil or criminal consequences, result in the
Administrator withholding payments or ordering the eligible entity to
return the grant funds.
``(i) Annual Progress Reporting by Recipients of Grant.--Each
eligible entity receiving a grant under this section shall submit to
the Administrator an annual report on the progress of the program
carried out using the amounts received under the grant, including--
``(1) the number of new small business concerns
participating in the program during each of the 3 years
preceding the report;
``(2) the number of new small business concerns applying to
participate in the program during each of the 3 years preceding
the report;
``(3) the retention rate of new small business concerns in
the program;
``(4) the average period of participation in the program by
new small business concerns;
``(5) the total, average, and median capital raised by new
small business concerns participating in the program;
``(6) the total, average, and median number of employees of
new small business concerns participating in the program;
``(7) the number of new small business concerns--
``(A) owned and controlled by socially and
economically disadvantaged individuals;
``(B) owned and controlled by women; or
``(C) that are not less than 51 percent owned by
one or more--
``(i) Native Americans;
``(ii) individuals participating in the
Transition Assistance Program of the Department
of Defense;
``(iii) individuals who--
``(I) served on active duty in any
branch of the Armed Forces, including
the National Guard and Reserves; and
``(II) were discharged or released
from such service under conditions
other than dishonorable;
``(iv) formerly incarcerated individuals;
or
``(v) individuals with a disability; and
``(8) other metrics determined appropriate by the
Administrator.
``(j) Report to Congress.--The Administrator shall submit to
Congress an annual report on the program under this section, which
shall include an assessment of the effectiveness of the program,
including an assessment based on the metrics listed in subsection (i).
``(k) Coordination With Other Small Business Administration
Programs.--The Administrator shall take appropriate action to encourage
eligible entities receiving a grant under this section to use and
incorporate other programs of the Administration, such as small
business development centers, small business investment companies,
loans under section 7(a), assistance under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.), and resource
partners of the Administration, including women's business centers and
veteran's business outreach centers.
``(l) Coordination With the Department of Veterans Affairs.--In
consultation with the Secretary of Veteran Affairs, the Administrator
shall make available outreach materials regarding the opportunities for
veterans within the program under this section for distribution and
display at local facilities of the Department of Veterans Affairs.
``(m) Listing on Website.--The Administrator shall include a list
of eligible entities receiving a grant under this section on the
website of the Administration.
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $6,000,000 for each of the first
5 fiscal years beginning after the date of enactment of this
section.''.
(b) Technical and Conforming Amendment.--Effective on January 1,
2021, section 49(f)(1) of the Small Business Act, as added by
subsection (a), is amended to read as follows:
``(1) accelerators located in an area described in
subparagraph (A), (B), or (C) of section 31(b); and''.
Subtitle F--New Markets Tax Credit Extension
SEC. 20601. SHORT TITLE.
This subtitle may be cited as the ``New Markets Tax Credit
Extension Act of 2020''.
SEC. 20602. PERMANENT EXTENSION OF NEW MARKETS TAX CREDIT.
(a) Extension.--
(1) In general.--Subparagraph (G) of section 45D(f)(1) of
the Internal Revenue Code of 1986 is amended by striking ``for
each of calendar years 2010 through 2019'' and inserting ``for
calendar year 2010 and each calendar year thereafter''.
(2) Conforming amendment.--Section 45D(f)(3) of such Code
is amended by striking the last sentence.
(b) Inflation Adjustment.--Subsection (f) of section 45D of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Inflation adjustment.--
``(A) In general.--In the case of any calendar year
beginning after 2021, the dollar amount in paragraph
(1)(G) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
`calendar year 2000' for `calendar year 2020'
in subparagraph (A)(ii) thereof.
``(B) Rounding rule.--Any increase under
subparagraph (A) which is not a multiple of $1,000,000
shall be rounded to the nearest multiple of
$1,000,000.''.
(c) Alternative Minimum Tax Relief.--Subparagraph (B) of section
38(c)(4) of the Internal Revenue Code of 1986 is amended--
(1) by redesignating clauses (v) through (xii) as clauses
(vi) through (xiii), respectively, and
(2) by inserting after clause (iv) the following new
clause:
``(v) the credit determined under section
45D, but only with respect to credits
determined with respect to qualified equity
investments (as defined in section 45D(b))
initially made after December 31, 2018,''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2018.
(2) Alternative minimum tax relief.--The amendments made by
subsection (c) shall apply to credits determined with respect
to qualified equity investments (as defined in section 45D(b)
of the Internal Revenue Code of 1986) initially made after
December 31, 2018.
Subtitle G--Extension of the Caribbean Basin Economic Recovery
SEC. 20701. SHORT TITLE.
This subtitle may be cited as the ``Extension of the Caribbean
Basin Economic Recovery Act''.
SEC. 20702. EXTENSION OF THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT.
Section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C.
2703) is amended as follows:
(1) Extension for certain knit apparel articles.--In clause
(iii) of subsection (b)(2)(A)--
(A) in subclause (II)(cc), by striking ``September
30, 2020'' and inserting ``September 30, 2030''; and
(B) in subclause (IV)(dd), by striking ``September
30, 2020'' and inserting ``September 30, 2030''.
(2) Extension of limitation with respect to certain other
apparel articles.--In clause (iv)(II) of such subsection, by
striking ``18'' and inserting ``28''.
(3) Extension of transition period.--In subsection
(b)(5)(D)(i), by striking ``September 30, 2020'' and inserting
``September 30, 2030''.
Subtitle H--Automotive Jobs
SEC. 20801. SHORT TITLE.
This subtitle may be cited as the ``Automotive Jobs Act of 2020''.
SEC. 20802. STUDY OF WELL-BEING OF UNITED STATES AUTOMOTIVE INDUSTRY;
STAY OF ACTION ON CERTAIN INVESTIGATION.
(a) Study Required.--The United States International Trade
Commission (in this section referred to as the ``Commission'') shall
conduct a study of the economic well-being, health, and vitality of the
United States automotive industry, which shall include an assessment of
the following:
(1) The number of automotive jobs in the United States,
regardless of whether the parent entity of the United States
automotive producer is headquartered in the United States or
another country.
(2) Any growth or decline in number of automobile
manufacturing facilities and automotive parts suppliers in the
United States since 1980.
(3) The effect an automotive plant has on the unemployment
rate, per capita income, and education level in the community
in which the plant is located.
(4) The effect an automotive plant has on the region in
which the plant is located in helping the region attract and
expand nonautomotive jobs and the effect on that region of the
wages from those jobs.
(5) The number of automobiles assembled in the United
States that are exported each year and to which countries.
(6) The percentage of component parts of automobiles
assembled in the United States that are imported.
(7) The number of component parts for automobiles that are
not produced in the United States and would thus not be
available to United States automotive producers if
prohibitively high duties were imposed on imports of those
parts.
(8) The effect an increase in automotive manufacturing
costs would have on jobs in the United States.
(b) Report.--Not earlier than 180 days after the date of the
enactment of this Act, and not later than one year after such date of
enactment, the Commission shall submit to the President and Congress a
report on--
(1) the findings of the study required by subsection (a);
and
(2) any recommendations relating to the automotive industry
that the Commission considers appropriate based on the study.
(c) Stay of Action Relating to Investigation Into National Security
Effects of Automotive Imports.--For purposes of the requirements of
subsection (c) of section 232 of the Trade Expansion Act of 1962 (19
U.S.C. 1862), any report on the findings of the Secretary of Commerce
from the investigation of the Department of Commerce under such section
into the effects on national security of imports of automobiles and
automotive parts initiated on May 23, 2018, shall not be deemed to be
submitted until the date on which--
(1) the Commission submits to the President and Congress
the report required by subsection (b) of this section; and
(2) the President, after reviewing the report and
considering the findings and recommendations of the Commission
included in the report, determines not to reopen the
investigation of the Department of Commerce.
(d) United States Automotive Producer Defined.--In this section,
the term ``United States automotive producer'' means an entity that
manufactures or assembles automobiles or component parts for
automobiles in the United States.
Subtitle I--Revitalizing Underdeveloped Rural Areas and Lands
SEC. 20901. SHORT TITLE.
This subtitle may be cited as the ``Revitalizing Underdeveloped
Rural Areas and Lands Act of 2020'' or as the ``RURAL Act of 2020''.
SEC. 20902. MODIFICATION OF INCOME FOR PURPOSES OF DETERMINING TAX-
EXEMPT STATUS OF CERTAIN MUTUAL OR COOPERATIVE TELEPHONE
OR ELECTRIC COMPANIES.
(a) In General.--Section 501(c)(12) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(J) In the case of a mutual or cooperative
telephone or electric company described in this
paragraph, subparagraph (A) shall be applied without
taking into account any income received or accrued
from--
``(i) any grant, contribution, or
assistance provided pursuant to the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act or any similar grant,
contribution, or assistance by any local,
State, or regional governmental entity for the
purpose of relief, recovery, or restoration
from, or preparation for, a disaster or
emergency, or
``(ii) any grant or contribution by any
governmental entity (other than a contribution
in aid of construction or any other
contribution as a customer or potential
customer) the purpose of which is substantially
related to providing, constructing, restoring,
or relocating electric, communication,
broadband, internet, or other utility
facilities or services.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
Subtitle J--Consumer Financial Education and Empowerment
SEC. 21001. SHORT TITLE.
This subtitle may be cited as the ``Consumer Financial Education
and Empowerment Act''.
SEC. 21002. FINANCIAL LITERACY GRANT PROGRAM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Bureau of Consumer Financial
Protection shall establish a program to award grants on a competitive
basis to eligible entities to facilitate financial literacy programs as
described in subsection (d).
(b) Application Requirements.--To be eligible to be awarded a grant
under the program established under subsection (a), an eligible entity
shall submit an application to the Director at such time, in such
manner, and containing such information as the Director may require,
including information on--
(1) the curriculum and design of the financial literacy
program proposed by the eligible entity, including a
description of how such program meets the requirements of
subsection (d);
(2) expected participants in the proposed financial
literacy program;
(3) who is expected to be employed or otherwise involved
with the proposed financial literacy program, including--
(A) administrators;
(B) consultants; and
(C) financial advisors; and
(4) a prospective budget for the proposed financial
literacy program.
(c) Grants.--
(1) Amounts.--The Director shall determine the amount of
each grant awarded under the program established under
subsection (a).
(2) Term.--A grant awarded under the program established
under subsection (a) shall be for a term of 12 months.
(3) Considerations.--In awarding grants under the program
established under subsection (a), the Director may consider
whether the proposed financial literacy program of an applicant
would address the types of abuse that result in a penalty being
deposited into the Consumer Financial Civil Penalty Fund
established under section 1017(d) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5497(d)).
(4) Renewal.--An eligible entity may apply to renew a grant
awarded under the program established under subsection (a) by
submitting to the Director a simplified renewal application
that shall receive expedited review.
(5) Bureau of consumer financial protection annual
financial literacy report.--In awarding grants under this
section, the Director shall consider information provided by
the annual report that is required under section 1013(d)(4) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5493(d)(4)).
(d) Financial Literacy Program Described.--A financial literacy
program described in this subsection is a program that provides the
following:
(1) Instruction to participants, including individuals who
provide instruction with respect to financial literacy
education, on one or more of the following:
(A) Personal financial wellness.
(B) Credit and alternatives to credit.
(C) Management of student loan debt.
(D) Financial counseling for individuals who seek
to attend a college, university, or vocational school.
(E) Preparation for homeownership.
(F) Basic investing.
(G) Financial saving, planning, and management.
(H) Tax planning.
(I) Personal information security.
(J) Preparation for retirement.
(K) Entrepreneurship assistance or assistance in
starting a business.
(L) Other topics as determined by the Director.
(2) An in-person instruction component that--
(A) may be provided as a webinar, an in-classroom
experience, or one-on-one financial coaching;
(B) includes--
(i) live, real-time instruction; and
(ii) an opportunity for students to engage
with an instructor; and
(C) is not primarily comprised of self-taught
instruction.
(e) Funding.--
(1) In general.--The Director shall, in accordance with
section 1017(d) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5497(d)), use amounts in the
Consumer Financial Civil Penalty Fund to carry out this
subtitle.
(2) Amounts.--To carry out this subtitle, the Director
shall use until expended not less than--
(A) in fiscal year 2022, $50,000,000; and
(B) in each allocation period starting after fiscal
year 2022, the lessor of--
(i) $25,000,000; or
(ii) after allocation to victims has been
determined for the prior allocation period, 50
percent of the remaining amounts collected
during the prior allocation period.
(3) Conforming amendment.--Section 1017(d)(2) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5497(d)(2)) is amended--
(A) by striking ``, the Bureau may use'' and
inserting ``, the Bureau--
``(A) may use'';
(B) by striking ``programs.'' and inserting
``programs; and''; and
(C) by adding at the end the following:
``(B) shall use such funds for the grant program
established by the Consumer Financial Education and
Empowerment Act.''.
(f) Financial Literacy and Education Commission Report.--Not later
than 2 years after the Director establishes the program under
subsection (a), and every 5 years thereafter, the Financial Literacy
and Education Commission shall submit to Congress and the Director a
report that provides recommendations on how to improve such program.
(g) Definitions.--In this section:
(1) Allocation period.--The term ``allocation period''
means the biannual allocation period of funds to a class of
victims that occurs according to the schedule established
pursuant to section 1075.105(b) of title 12, Code of Federal
Regulations (or any successor regulation).
(2) Commission.--The term ``Commission'' means the
Financial Literacy and Education Commission, established under
title V of the Fair and Accurate Credit Transactions Act of
2003 (20 U.S.C. 9701 et seq.).
(3) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State government, local government, or agency
of a State or local government; or
(B) a nonprofit organization that--
(i) has knowledge of personal financial
management;
(ii) has experience providing financial
education; and
(iii) has a history of achieving goals and
objectives of financial literacy programs.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)) and is exempt from taxation under section
501(a) of such Code.
(6) State.--The term ``State'' means each State of the
United States, the District of Columbia, each territory or
possession of the United States, and each federally recognized
Indian Tribe.
Subtitle K--Department of Homeland Security Mentor-Protege Program
SEC. 21101. SHORT TITLE.
This subtitle may be cited as the ``Department of Homeland Security
Mentor-Protege Program Act of 2020''.
SEC. 21102. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890B. MENTOR-PROTEGE PROGRAM.
``(a) Establishment.--There is established in the Department a
mentor-protege program (in this section referred to as the `Program')
under which a mentor firm enters into an agreement with a protege firm
for the purpose of assisting the protege firm to compete for prime
contracts and subcontracts of the Department.
``(b) Eligibility.--The Secretary shall establish criteria for
mentor firms and protege firms to be eligible to participate in the
Program, including a requirement that a firm is not included on any
list maintained by the Federal Government of contractors that have been
suspended or debarred.
``(c) Program Application and Approval.--
``(1) Application.--The Secretary, acting through the
Office of Small and Disadvantaged Business Utilization of the
Department, shall establish a process for submission of an
application jointly by a mentor firm and the protege firm
selected by the mentor firm. The application shall include each
of the following:
``(A) A description of the assistance to be
provided by the mentor firm, including, to the extent
available, the number and a brief description of each
anticipated subcontract to be awarded to the protege
firm.
``(B) A schedule with milestones for achieving the
assistance to be provided over the period of
participation in the Program.
``(C) An estimate of the costs to be incurred by
the mentor firm for providing assistance under the
Program.
``(D) Attestation that Program participants will
submit to the Secretary reports at times specified by
the Secretary to assist the Secretary in evaluating the
protege firm's developmental progress.
``(E) Attestations that Program participants will
inform the Secretary in the event of change in
eligibility or voluntary withdrawal from the Program.
``(2) Approval.--Not later than 60 days after receipt of an
application pursuant to paragraph (1), the head of the Office
of Small and Disadvantaged Business Utilization shall notify
applicants of approval or, in the case of disapproval, the
process for resubmitting an application for reconsideration.
``(3) Rescission.--The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval of
an application under this subsection if it determines that such
action is in the best interest of the Department.
``(d) Program Duration.--A mentor firm and protege firm approved
under subsection (c) shall enter into an agreement to participate in
the Program for a period of not less than 36 months.
``(e) Program Benefits.--A mentor firm and protege firm that enter
into an agreement under subsection (d) may receive the following
Program benefits:
``(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
``(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for a
protege firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such protege firm.
``(3) A protege firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
``(4) Any other benefits identified by the Secretary.
``(f) Reporting.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the head of the Office
of Small and Disadvantaged Business Utilization shall submit to the
Committees on Homeland Security and Small Business of the House of
Representatives a report that--
``(1) identifies each agreement between a mentor firm and a
protege firm entered into under this section, including number
of protege firm participants that are--
``(A) small business concerns;
``(B) small business concerns owned and controlled
by veterans;
``(C) small business concerns owned and controlled
by service-disabled veterans;
``(D) qualified HUBZone small business concerns;
``(E) small business concerns owned and controlled
by socially and economically disadvantaged individuals;
``(F) women-owned small business concerns;
``(G) historically Black colleges and universities;
and
``(H) minority institutions of higher education;
``(2) describes the type of assistance provided by mentor
firms to protege firms;
``(3) identifies contracts within the Department in which a
mentor firm serving as the prime contractor provided
subcontracts to a protege firm under the Program; and
``(4) assesses the degree to which there has been--
``(A) an increase in the technical capabilities of
protege firms; and
``(B) an increase in the quantity and estimated
value of prime contract and subcontract awards to
protege firms for the period covered by the report.
``(g) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically Black college or university' means any of the
historically Black colleges and universities referred to in
section 2323 of title 10, United States Code, as in effect on
March 1, 2018.
``(2) Mentor firm.--The term `mentor firm' means a for-
profit business concern that is not a small business concern
that--
``(A) has the ability to assist and commits to
assisting a protege to compete for Federal prime
contracts and subcontracts; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(3) Minority institution of higher education.--The term
`minority institution of higher education' means an institution
of higher education with a student body that reflects the
composition specified in section 312(b) of the Higher Education
Act of 1965 (20 U.S.C. 1058(b)).
``(4) Protege firm.--The term `protege firm' means a small
business concern, a historically Black college or university,
or a minority institution of higher education that--
``(A) is eligible to enter into a prime contract or
subcontract with the Department; and
``(B) satisfies any other requirements imposed by
the Secretary.
``(5) Small business act definitions.--The terms `small
business concern', `small business concern owned and controlled
by veterans', `small business concern owned and controlled by
service-disabled veterans', `qualified HUBZone small business
concern', and `small business concern owned and controlled by
women' have the meaning given such terms, respectively, under
section 3 of the Small Business Act (15 U.S.C. 632). The term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' has the meaning given
such term in section 8(d)(3)(C) of the Small Business Act (15
U.S.C. 637(d)(3)(C)).''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890A the following new item:
``Sec. 890B. Mentor-protege program.''.
Subtitle L--Borderland Takings Defense Fund
SEC. 21201. SHORT TITLE.
This subtitle may be cited as the ``Borderland Takings Defense Fund
Act''.
SEC. 21202. DEFENSE FUND FOR PRIVATE LANDOWNERS.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890B. DEFENSE FUND FOR PRIVATE LANDOWNERS.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a fund to
assist eligible property owners whose property the Federal
Government seeks to condemn or acquire for the purpose of
constructing or installing additional physical barriers or
roads between ports of entry along the land border with Mexico.
``(2) Administration.--
``(A) Appointment.--The Officer for Civil Rights
and Civil Liberties of the Department shall appoint an
individual to serve as the administrator of the fund
established pursuant to paragraph (1).
``(B) Qualifications.--The individual appointed
under subparagraph (A) to serve as the administrator of
the fund shall be an individual who--
``(i) has at least three years of relevant
experience in pro bono legal assistance; and
``(ii) to the maximum extent practicable,
has a demonstrated record of advocacy on behalf
of litigants in actions brought by or against
the Federal Government.
``(b) Prohibition.--Notwithstanding section 102 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note), the Secretary may not take such actions, such as the
removal of obstacles, to construct or install additional physical
barriers or roads between ports of entry along the land border with
Mexico until--
``(1) the fund described in subsection (a) is established
and made available to eligible property described in such
subsection; and
``(2) such property owners are provided information on how
to access legal support through such fund.
``(c) Eligibility.--To be eligible for assistance through the fund
referred to in subsection (a), a property owner shall--
``(1) own property along the land border with Mexico that--
``(A) is subject to the condemnation or acquisition
referred to in such subsection; or
``(B) is determined by the Administrator to be at
risk of such action; and
``(2)(A) be the head of a low-income household; or
``(B) if such property owner is not the head of a low-
income household, be determined by the administrator of the
fund to be in need of such assistance but lacking adequate
resources to secure representation against the Federal
Government.
``(d) Outreach.--The Secretary, acting through the administrator of
the fund, shall--
``(1) implement a targeted outreach strategy to identify
and communicate with eligible property owners whose property
the Federal Government seeks to condemn or acquire for the
purpose of constructing or installing additional physical
barriers or roads between ports of entry along the land border
with Mexico; and
``(2) submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a copy of such targeted
outreach strategy.
``(e) Definitions.--In this section:
``(1) Low-income household.--The term `low-income
household' means a household--
``(A) in which one or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) 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); or
``(B) that has an income that, as determined by the
State in which such household is located, does not
exceed the greater of--
``(i) an amount equal to 150 percent of the
poverty level for such State; and
``(ii) an amount equal to 60 percent of the
median income for such State.
``(2) Property.--The term `property' means land, including
an estate or interest in land, including an easement or right
of way in land.
``(f) Authorization of Appropriations.--In addition to any amounts
otherwise authorized to be appropriated for such purpose, there is
authorized to be appropriated $20,000,000 for each of fiscal years 2022
through 2028 to carry out this section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 890A the following new item:
``Sec. 890B. Defense fund for private landowners.''.
Subtitle M--Examining Educational Redlining and Lending Act
SEC. 21301. SHORT TITLE.
This subtitle may be cited as the ``Examining Educational Redlining
in Lending Act''.
SEC. 21302. ASSESSMENT OF CERTAIN EDUCATIONAL DATA.
(a) Assessment.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Bureau of Consumer
Financial Protection (referred to in this section as the ``Bureau'')
shall, in coordination with relevant executive agencies and national
civil rights stakeholders, assess--
(1) the use of certain educational data by covered persons
in determining the creditworthiness of an applicant;
(2) the use of an underwriting process that involves
gathering data points and creating applicant profiles,
including automated or algorithmic processes, and the risks of
such use, by covered persons to determine the creditworthiness
of an applicant; and
(3) what policies and guidelines are in place to ensure
decisions do not result in a disparate impact on a protected
class.
(b) Report to Congress.--Not later than 60 days after the
completion of each assessment required under subsection (a) and
annually thereafter, the Bureau shall submit to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate the findings of such
assessment and any recommendations based on such findings.
(c) Publication.--Not later than 30 days after the completion of
the assessment required under subsection (a), the Bureau shall make
available on a publicly accessible website--
(1) the findings of the assessment under subsection (a);
(2) a list of all covered persons that use certain
educational data; and
(3) a list of all covered persons that use an underwriting
process that involves gathering data points and creating
applicant profiles, including automated or algorithmic
processes, to determine the creditworthiness of an applicant.
(d) Definitions.--In this section:
(1) Applicant's background.--The term ``applicant's
background'' includes data related to or derived from the
following:
(A) Attendance at an academic institution.
(B) Academic majors pursued at an academic
institution.
(C) Grades or test scores from or used for
admission into an academic institution.
(D) Educational attainment.
(2) Certain educational data.--The term ``certain
educational data'' means data, including non-individualized
data, that indicates or is created, derived, or inferred from
an applicant's background including whether an applicant has
attended any of the following:
(A) An eligible institution.
(B) A junior or community college.
(3) Covered person.--The term ``covered person'' has the
meaning given such term in section 1002 of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5481).
(4) Eligible institution.--The term ``eligible
institution'' has the meaning given that term in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(5) Junior or community college.--The term ``junior or
community college'' has the meaning given that term in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
TITLE III--POVERTY ALLEVIATION
Subtitle A--10-20-30
SEC. 30101. SHORT TITLE.
This subtitle may be cited as the ``10-20-30 Act of 2020''.
SEC. 30102. ALLOCATION OF FUNDS FOR ASSISTANCE IN PERSISTENT POVERTY
COUNTIES.
(a) In General.--Notwithstanding any other provision of law, of the
funds made available (if any) in each of fiscal years 2015 through 2030
in any appropriations Act for each of the following accounts or
activities, 10 percent of such funds shall be allocated for assistance
in persistent poverty counties:
(1) ``Department of Agriculture, Rural Development
Programs''.
(2) ``Department of Commerce, Economic Development
Administration, Economic Development Assistance Programs''.
(3) ``Department of Commerce, National Institute of
Standards and Technology, Construction''.
(4) ``Department of Education, Fund for the Improvement of
Education''.
(5) ``Department of Education, Fund for the Improvement of
Postsecondary Education''.
(6) ``Department of Labor, Employment and Training
Administration, Training and Employment Services''.
(7) ``Department of Health and Human Services, Health
Resources and Services Administration''.
(8) ``Department of Housing and Urban Development, Economic
Development Initiative''.
(9) ``Department of Justice, Office of Justice Programs''.
(10) ``Environmental Protection Agency, State and Tribal
Assistance Grants, Water and Wastewater''.
(11) ``Department of Transportation, Federal Highway
Administration, Transportation Community and System
Preservation''.
(12) ``Department of the Treasury, Community Development
Financial Institutions''.
(b) Determination of Persistent Poverty Counties.--For purposes of
this section, the term ``persistent poverty counties'' means any county
with a poverty rate of at least 20 percent, as determined in each of
the 1990, 2000, and 2010 decennial censuses and the Bureau of the
Census's Small Area Income and Poverty Estimates (``SAIPE'') for the
most recent year for which SAIPE data is available.
(c) Reports.--Not later than six months after the date of the
enactment of this Act, each department or agency listed in subsection
(a) shall submit to Congress a progress report on the implementation of
this section.
Subtitle B--EITC Modernization
SEC. 30201. SHORT TITLE.
This subtitle may be cited as the ``EITC Modernization Act of
2020''.
SEC. 30202. FINDINGS.
Congress finds the following:
(1) The Federal earned income tax credit is a refundable
tax credit for lower- and middle-income working individuals and
families whose earnings are below an income threshold.
(2) Since its establishment in 1975, the credit has
increased family income, reduced child poverty, and promoted
employment by supplementing the earnings of low-wage workers,
including military families.
(3) The credit has a positive impact on the education and
health of children living in poverty.
(4) The credit has a positive economic impact on local
economies and businesses because it puts more money in the
hands of low- and middle-income working people who spend the
money on immediate needs, such as groceries, school supplies,
car repairs, rent, and health care.
(5) The widening gap between the incomes of the wealthiest
Americans and those of middle- and lower-income Americans is
alarming.
(6) There is an urgent need to address that gap, including
through measures like this legislation and by raising the
Federal minimum wage which together increase the wages of
working Americans, widen the path to income stability, and
narrow income inequality.
SEC. 30203. MODIFICATIONS OF THE EARNED INCOME TAX CREDIT.
(a) Inclusion of Individuals With Qualifying Dependents.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 is amended--
(A) in subparagraph (A), by striking ``qualifying
child'' each place such term appears and inserting
``qualifying dependent'', and
(B) by striking subparagraphs (B) and (F) and by
redesignating subparagraphs (C), (D), and (E) as
subparagraphs (B), (C), and (D), respectively.
(2) Qualifying dependent defined.--Section 32(c) of such
Code is amended by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), and by inserting after paragraph (2)
the following new paragraphs:
``(3) Qualifying dependent.--
``(A) In general.--The term `qualifying dependent'
means, with respect to a taxable year--
``(i) a qualifying child,
``(ii) an aged dependent, or
``(iii) a qualifying individual described
in subparagraph (B) or (C) of section 21(b)(1).
``(B) Identification requirements.--No credit shall
be allowed under this section with respect to a
qualifying dependent unless the taxpayer includes the
name, age, and TIN of the individual on the return of
tax for the taxable year.
``(C) Place of abode.--The term `qualifying
dependent' shall not include an individual unless such
individual has a principal place of abode in the United
States for more than one-half of such taxable year.
``(4) Aged dependent.--The term `aged dependent' means a
dependent for whom a deduction is allowable under section 151
who has attained the age of 65 before the close of the taxable
year.''.
(3) Conforming amendments.--
(A) The tables in paragraphs (1) and (2) of section
32(b) of such Code are each amended--
(i) by striking ``qualifying child'' each
place it appears and inserting ``qualifying
dependent'', and
(ii) by striking ``qualifying children''
each place it appears and inserting
``qualifying dependents''.
(B) Section 32(c)(5) of such Code, as redesignated
by this Act, is amended by striking subparagraphs (C)
and (D).
(C) Section 32(m) of such Code is amended by
striking ``(c)(3)(D)'' and inserting ``(c)(3)(B)''.
(b) Inclusion of Qualifying Students.--
(1) In general.--Section 32(c)(1)(A) of such Code is
amended by striking ``or'' at the end of clause (i), by
striking the period at the end of clause (ii)(III) and
inserting ``, or'', and by inserting after clause (ii)(III) the
following new clause:
``(iii) any individual who is a qualifying
student.''.
(2) Qualifying student defined.--Section 32(c)(1) of such
Code, as amended by subsection (a), is further amended by
adding at the end the following new subparagraph:
``(E) Qualifying student.--The term `qualifying
student' means, with respect to a taxable year, an
individual who is an eligible student (as defined in
section 25A(b)(3)) with respect to an institution of
higher education (as defined in section 101 of the
Higher Education Act of 1965) who--
``(i) is not a dependent for whom a
deduction is allowable under section 151 to
another taxpayer for any taxable year beginning
in the same calendar year as such taxable year,
and
``(ii) either--
``(I) is qualified for a Federal
Pell Grant with respect to the academic
year beginning in such taxable year, or
``(II) has modified adjusted gross
income of less than 250 percent of the
poverty line for the size of the family
involved for the taxable year.
``(F) Definitions.--For purposes of this
subparagraph:
``(i) Modified adjusted gross income.--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.
``(ii) Poverty line.--
``(I) In general.--The term
`poverty line' has the meaning given
such term in section 673(2) of the
Community Services Block Grant Act (42
U.S.C. 9902(2)), including any revision
required by such section.
``(II) Family size.--For purposes
of determining the poverty line
applicable to the taxpayer, the family
size with respect to any taxpayer shall
be equal to the number of individuals
for whom the taxpayer is allowed a
deduction under section 151 (relating
to allowance of deduction for personal
exemptions) for the taxable year.''.
(3) Conforming amendment.--Section 32(c)(1)(A)(ii) of such
Code is amended by inserting ``(other than a qualifying
student)'' after ``any other individual''.
(c) Minimum Credit for Students and for Individuals With Certain
Qualifying Dependents.--Section 32(a) of such Code is amended by adding
at the end the following new paragraph:
``(3) Minimum credit for students and for individuals with
certain qualifying dependents.--
``(A) In general.--In the case of a qualifying
student, or an eligible individual who has a specified
dependent for the taxable year, the amount determined
under paragraph (1) (before the application of
paragraph (2)) and the amount determined under
paragraph (2)(A) shall not be less than $1,200.
``(B) Specified dependent.--For purposes of this
paragraph, the term `specified dependent' means any
qualifying dependent (other than a qualifying child who
has attained the age of 7 before the close of the
taxable year).''.
(d) Monthly Payment.--Section 32 of such Code, as amended by this
subtitle, is further amended by adding at the end the following new
subsection:
``(n) Monthly Payment.--
``(1) In general.--In the case of an individual who is
entitled to a refund relating to an overpayment of tax imposed
by this subtitle that exceeds $240 (but only to the extent such
refund does not exceed the credit allowed under this section)
such individual may elect to have the Secretary, in lieu of
such refund, make a payment equal to--
``(A) \2/13\ of such refund (with interest) during
the earlier of the first practicable month or the
second month that begins after the date the return was
filed, and
``(B) \1/13\ of such refund (with interest) during
each of the 11 months subsequent to the month
determined under subparagraph (A).
``(2) Method of payment.--A payment made under this
subsection shall be made by direct deposit or by general-use
prepaid card, or by such other method (other than by check) as
the Secretary may prescribe and the taxpayer may elect.
``(3) One-time increase.--The first time an individual
receives a payment under this subsection, paragraph (1)(A)
shall be applied by substituting `\4/13\' for `\2/13\'.''.
(e) Special Rule for New Low-Income Parents.--Section 32 of such
Code, as amended by this subtitle, is further amended by adding at the
end the following new subsection:
``(o) Special Rule for New Low-Income Parents.--
``(1) In general.--In the case of an individual who--
``(A) is eligible for payments under subsection
(o)(1) with respect to a refund for a taxable year, and
``(B) has a qualifying child who is born or adopted
during the following taxable year and not later than
the penultimate month for which the taxpayer is
eligible for such payments,
the amount of any such payments made after such birth or
adoption shall be adjusted to the amount such payments would be
if such qualifying child were a qualifying child of the
taxpayer under this section for the taxable year to which such
payments relate.
``(2) Qualifying child determination.--For purposes of
determining if a child is a qualifying child for purposes of
this subsection, subsection (m) shall be applied by inserting
`or, in the case of an adoption, such other identifying
information as specified by the Secretary' before the period at
the end.''.
(f) Age of Eligible Individuals Without Dependents.--Section
32(c)(1)(A)(ii)(II) of such Code is amended by striking ``age 25 but
not attained age 65'' and inserting ``age 18''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 30204. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
(a) In General.--Chapter 77 of such Code is amended by inserting
after section 7526 the following new section:
``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
``(a) Establishment of Volunteer Income Tax Assistance Matching
Grant Program.--The Secretary, through the Internal Revenue Service,
shall establish a Community Volunteer Income Tax Assistance Matching
Grant Program under which the Secretary may, subject to the
availability of appropriated funds, make grants to provide matching
funds for the development, expansion, or continuation of qualified
return preparation programs assisting low-income taxpayers and members
of underserved populations.
``(b) Use of Funds.--
``(1) In general.--Qualified return preparation programs
may use grants received under this section for--
``(A) ordinary and necessary costs associated with
program operation in accordance with cost principles
under the applicable Office of Management and Budget
circular, including--
``(i) wages or salaries of persons
coordinating the activities of the program,
``(ii) developing training materials,
conducting training, and performing quality
reviews of the returns prepared under the
program,
``(iii) equipment purchases, and
``(iv) vehicle-related expenses associated
with remote or rural tax preparation services,
``(B) outreach and educational activities described
in subsection (c)(2)(B), and
``(C) services related to financial education and
capability, asset development, and the establishment of
savings accounts in connection with tax return
preparation.
``(2) Use of grants for overhead expenses prohibited.--No
grant received under this section may be used for overhead
expenses that are not directly related to a qualified return
preparation program.
``(c) Application.--
``(1) In general.--Each applicant for 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 reasonably require.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications which
demonstrate--
``(A) assistance to low-income taxpayers, with
emphasis on outreach to, and services for, such
taxpayers,
``(B) taxpayer outreach and educational activities
relating to eligibility and availability of income
supports available through the Internal Revenue Code of
1986, including the earned income tax credit, and
``(C) specific outreach and focus on one or more
underserved populations.
``(3) Amounts taken into account.--In determining matching
grants under this section, the Secretary shall only take into
account amounts provided by the qualified return preparation
program for expenses described in subsection (b).
``(d) Accuracy Reviews.--
``(1) In general.--The Secretary shall establish procedures
for, and shall conduct, periodic site visits of qualified
return preparation programs operating under a grant under this
section--
``(A) to ensure such programs are carrying out the
purposes of this section, and
``(B) to determine the return preparation accuracy
rate of the program.
``(2) Additional requirements for grant recipients not
meeting minimum standards.--In the case of any qualified return
preparation program which--
``(A) is awarded a grant under this section, and
``(B) is subsequently determined--
``(i) to have a less than 90 percent
average accuracy rate for preparation of tax
returns, or
``(ii) not to be otherwise carrying out the
purposes of this section,
such program shall not be eligible for any additional
grants under this section unless such program provides
sufficient documentation of corrective measures
established to address any such deficiencies
determined.
``(e) Definitions.--For purposes of this section--
``(1) Qualified return preparation program.--The term
`qualified return preparation program' means any program--
``(A) which provides assistance to individuals, not
less than 90 percent of whom are low-income taxpayers,
in preparing and filing Federal income tax returns,
``(B) which is administered by a qualified entity,
``(C) in which all volunteers who assist in the
preparation of Federal income tax returns meet the
training requirements prescribed by the Secretary, and
``(D) which uses a quality review process which
reviews 100 percent of all returns.
``(2) Qualified entity.--
``(A) In general.--The term `qualified entity'
means any entity which--
``(i) is an eligible organization,
``(ii) is in compliance with Federal tax
filing and payment requirements,
``(iii) is not debarred or suspended from
Federal contracts, grants, or cooperative
agreements, and
``(iv) agrees to provide documentation to
substantiate any matching funds provided
pursuant to the grant program under this
section.
``(B) Eligible organization.--The term `eligible
organization' means--
``(i) an institution of higher education
which is described in section 102 (other than
subsection (a)(1)(C) thereof) of the Higher
Education Act of 1965 (20 U.S.C. 1002), as in
effect on the date of the enactment of this
section, and which has not been disqualified
from participating in a program under title IV
of such Act,
``(ii) an organization described in section
501(c) and exempt from tax under section
501(a),
``(iii) a local government agency,
including--
``(I) a county or municipal
government agency, and
``(II) an Indian tribe, as defined
in section 4(13) of the Native American
Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C.
4103(13)), including any tribally
designated housing entity (as defined
in section 4(22) of such Act (25 U.S.C.
4103(22))), tribal subsidiary,
subdivision, or other wholly owned
tribal entity,
``(iv) a local, State, regional, or
national coalition (with one lead organization
which meets the eligibility requirements of
clause (i), (ii), or (iii) acting as the
applicant organization), or
``(v) in the case of a targeted population
or community with respect to which no
organizations described in the preceding
clauses are available--
``(I) a State government agency, or
``(II) an office providing
Cooperative Extension services (as
established at the land-grant colleges
and universities under the Smith-Lever
Act of May 8, 1914).
``(3) Low-income taxpayers.--The term `low-income taxpayer'
means a taxpayer whose income for the taxable year does not
exceed an amount equal to the completed phaseout amount under
section 32(b) for a married couple filing a joint return with 3
or more qualifying children, as determined in a revenue
procedure or other published guidance.
``(4) Underserved population.--The term `underserved
population' includes populations of persons with disabilities,
persons with limited English proficiency, Native Americans,
individuals living in rural areas, members of the Armed Forces
and their spouses, and the elderly.
``(f) Special Rules and Limitations.--
``(1) Duration of grants.--Upon application of a qualified
return preparation program, the Secretary is authorized to
award a multi-year grant not to exceed 3 years.
``(2) Aggregate limitation.--Unless otherwise provided by
specific appropriation, the Secretary shall not allocate more
than $30,000,000 per fiscal year (exclusive of costs of
administering the program) to grants under this section.
``(g) Promotion and Referral.--
``(1) Promotion.--The Secretary shall promote tax
preparation through qualified return preparation programs
through the use of mass communications, referrals, and other
means.
``(2) Internal revenue service referrals.--The Secretary
may refer taxpayers to qualified return preparation programs
receiving grants under this section.
``(3) VITA grantee referral.--Qualified return preparation
programs receiving a grant under this section are encouraged to
refer, as appropriate, to local or regional Low-Income Taxpayer
Clinics individuals who are eligible for such clinics.''.
(b) Clerical Amendment.--The table of sections for chapter 77 is
amended by inserting after the item relating to section 7526 the
following new item:
``7526A. Return preparation programs for low-income taxpayers.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after the date of
enactment of this Act.
Subtitle C--End Diaper Need
SEC. 30301. SHORT TITLE.
This subtitle may be cited as the ``End Diaper Need Act of 2020''.
SEC. 30302. DIAPER DISTRIBUTION DEMONSTRATION PROJECT.
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:
``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM.
``(a) Establishment.--The Secretary shall make grants to assist
eligible entities to conduct demonstration projects that implement and
evaluate strategies to help low-income families to address the diaper
needs of infants and toddlers.
``(b) Design of Program.--In carrying out the grant program under
subsection (a), the Secretary shall--
``(1) consult with relevant stakeholders, including
agencies, professional associations, and nonprofit
organizations, on the design of the program; and
``(2) design the program in such a way that the program--
``(A) decreases diaper need in low-income families
and meets the unmet diaper needs of infants and
toddlers in such families through--
``(i) the distribution of free diapers and
diapering supplies;
``(ii) community outreach to assist in
participation in existing diaper distribution
programs; or
``(iii) improving access to diapers and
diapering supplies as part of a comprehensive
service; and
``(B) increases the abilities of communities and
low-income families in those communities to provide for
the diaper needs of infants and toddlers in those
communities.
``(c) Eligible Entities.--To be eligible for a grant under this
section, an entity shall--
``(1) be a State or local governmental entity, an Indian
Tribe or tribal organization (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act), or a
nonprofit organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code;
``(2) have experience in the area of--
``(A) community distributions of basic need
services, including experience collecting, warehousing,
and distributing basic necessities such as diapers,
food, or menstrual products;
``(B) child care;
``(C) child development activities in low-income
communities; or
``(D) motherhood, fatherhood, or parent-education
efforts serving low-income parents of young children;
``(3) demonstrate competency to implement a project,
provide fiscal accountability, collect data, and prepare
reports and other necessary documentation;
``(4) demonstrate a willingness to share information with
researchers, practitioners, and other interested parties; and
``(5) submit to the Secretary a description of the design
of the evaluation to be carried out under subsection (d)(2) and
receive the Secretary's approval of such design based on a
determination that such design is rigorous and is likely to
yield information that is credible and will be useful to other
States.
``(d) Use of Funds.--Amounts provided through a grant under this
section shall be used to conduct a demonstration project to implement
and evaluate strategies to help low-income families to address the
diaper needs of infants and toddlers, which use may include any of the
following:
``(1) To pay for the purchase of diapers and diapering
supplies and fund diaper distribution demonstration projects
that serve low-income families with one or more children 3
years of age or younger.
``(2) Using not more than 25 percent of the funds received
by the grantee under this section, to evaluate the effect of
activities under paragraph (1) on mitigating the health and
developmental risks of unmet diaper need among infants,
toddlers, and other family members in low-income families,
including the risks of diaper dermatitis, urinary tract
infections, and parental and child depression and anxiety.
``(3) To integrate activities under paragraph (1) with
other basic needs assistance programs serving eligible children
and their families, including the following:
``(A) Programs funded by the Temporary Assistance
for Needy Families program, including its State
maintenance of effort provisions.
``(B) Programs designed to support the health of
eligible children, such as the Children's Health
Insurance Program under title XXI of the Social
Security Act, the Medicaid program under title XIX of
such Act, or State-funded health care programs.
``(C) Programs funded through the Special
Supplemental Nutrition Program for Women, Infants, and
Children.
``(D) Programs that offer early home visiting
services, including the Nurse-Family Partnership and
the Maternal, Infant, and Early Childhood Home Visiting
(MIECHV) Program (including the Tribal Home Visiting
Program).
``(E) Programs to provide improved and affordable
access to child care, including programs funded through
the Child Care and Development Fund, the Temporary
Assistance for Needy Families program, or a State-
funded program.
``(e) No Effect on Other Programs.--Any assistance or benefits
received by a family as a result of a project established pursuant to
this section shall be disregarded for purposes of determining the
family's eligibility for, or amount of, benefits under any other
Federal needs-based programs.
``(f) Reports.--As a condition of receiving a grant under this
section for a fiscal year, the grantee shall submit to the Secretary,
not later than 6 months after the end of the fiscal year, a report that
specifies, by month and fiscal year, the following:
``(1) The number of infants and toddlers and the age of the
infant and toddlers who received assistance from the grantee's
diaper distribution project.
``(2) The number of families that have received assistance
from the grantee's diaper distribution project.
``(3) The number of diapers, and the number of each type of
diapering supply, distributed under the grantee's diaper
distribution project.
``(4) The ZIP Code or ZIP Codes where the grantee
distributed diapers and diaper supplies.
``(5) The method or methods the grantee uses to distribute
diapers and diapering supplies.
``(6) Such other information as the Secretary may specify.
``(g) Evaluation.--The Secretary, in consultation with each grantee
under this section, shall--
``(1) not later than 2 years after the date of enactment of
the End Diaper Need Act of 2020--
``(A) complete an evaluation of the effectiveness
of the program carried out pursuant to this section;
``(B) submit to the relevant congressional
committees a report on the results of such evaluation;
and
``(C) publish the results of the evaluation on the
internet website of the Department of Health and Human
Services; and
``(2)(A) not later than 3 years after the date of enactment
of the End Diaper Need Act of 2020, update the evaluation
required by paragraph (1)(A); and
``(B) not later than 90 days after completion of the
updated evaluation under subparagraph (A)--
``(i) submit to the relevant congressional
committees a report describing the results of such
updated evaluation; and
``(ii) publish the results of such evaluation on
the internet website of the Department of Health and
Human Services.
``(h) Definitions.--In this section:
``(1) Diaper.--The term `diaper' means an absorbent garment
that--
``(A) is washable or disposable that may be worn by
an infant or toddler who is not toilet-trained; and
``(B) if disposable--
``(i) does not use any latex or common
allergens; and
``(ii) meets or exceeds the quality
standards for diapers commercially available
through retail sale in the following
categories:
``(I) Absorbency (with acceptable
rates for first and second wetting).
``(II) Waterproof outer cover.
``(III) Flexible leg openings.
``(IV) Refastening closures.
``(2) Diapering supplies.--The term `diapering supplies'
means items, including diaper wipes and diaper cream, necessary
to ensure that a child using a diaper is properly cleaned and
protected from diaper rash.
``(3) Eligible child.--The term `eligible child' means a
child who--
``(A) has not attained 4 years of age; and
``(B) is a member of a family whose self-certified
income is not more than 200 percent of the Federal
poverty line.
``(4) Federal poverty line.--The term `Federal poverty
line' means the Federal poverty line as defined by the Office
of Management and Budget and revised annually in accordance
with section 673(2) of the Omnibus Budget Reconciliation Act of
1981 applicable to a family of the size involved.
``(5) Low-income.--The term `low-income', with respect to a
family, means a family whose self-certified income is not more
than 200 percent of the Federal poverty line.
``(i) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated $100,000,000 for each of fiscal
years 2022 through 2025.
``(2) Availability of funds.--Funds provided to a grantee
under this section for a fiscal year may be expended by the
grantee only in such fiscal year or the succeeding fiscal
year.''.
SEC. 30303. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN.
Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is
amended by adding at the end the following new paragraph:
``(11)(A) In the case of any waiver under this subsection that
provides medical assistance to a medically complex child who has been
diagnosed with bowel or bladder incontinence, a bowel or bladder
condition that causes excess urine or stool (such as short gut syndrome
or diabetes insipidus), or a severe skin condition that causes skin
erosions (such as epidermolysis bullosa), such medical assistance shall
include, for the duration of the waiver, the provision of 200 medically
necessary diapers per month and diapering supplies. Such medical
assistance may include the provision of medically necessary diapers in
amounts greater than 200 if a licensed health care provider (such as a
physician, nurse practitioner, or physician assistant) specifies that
such greater amounts are necessary for such medically complex child.
``(B) For purposes of this paragraph--
``(i) the term `medically complex child' means an
individual who is at least three years of age and for whom a
licensed health care provider has provided a diagnosis of one
or more significant chronic conditions;
``(ii) the term `medically necessary diaper' means an
absorbent garment that is--
``(I) washable or disposable; and
``(II) worn by a medically complex child who has
been diagnosed with a condition described in
subparagraph (A) and needs such garment to correct or
ameliorate such condition; and
``(iii) the term `diapering supplies' means items,
including diaper wipes and diaper creams, necessary to ensure
that a medically complex child who has been diagnosed with a
condition described in subparagraph (A) and uses a medically
necessary diaper is properly cleaned and protected from diaper
rash.''.
SEC. 30304. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED
MEDICAL EXPENSES.
(a) Health Savings Accounts.--Section 223(d)(2) of the Internal
Revenue Code of 1986 is amended--
(1) by adding at the end of subparagraph (A) the following:
``For purposes of this subparagraph, amounts paid for medically
necessary diapers and diapering supplies shall be treated as
paid for medical care.''; and
(2) by adding at the end the following new subparagraph:
``(D) Medically necessary diapers and diapering
supplies.--For purposes of this paragraph--
``(i) Medically necessary diapers.--The
term `medically necessary diaper' means an
absorbent garment that is washable or
disposable worn by an individual who has
attained 3 years of age and needs diapers
because they are medically necessary, serve a
preventative medical purpose, or are needed to
correct or ameliorate defects or physical or
mental illnesses or conditions which are
diagnosed by a licenced health care provider.
``(ii) Diapering supplies.--The term
`diapering supplies' means items, including
diaper wipes and diaper creams necessary to
ensure that a child using a medically necessary
diaper is properly cleaned and protected from
diaper rash.''.
(b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by
adding at the end the following: ``For purposes of this subparagraph,
amounts paid for medically necessary diapers and diapering supplies (as
defined in section 223(d)(2)(D)) shall be treated as paid for medical
care.''.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by adding at the end
the following new subsection:
``(f) Reimbursements for Medically Necessary Diapers and Diapering
Supplies.--For purposes of this section and section 105, expenses
incurred for medically necessary diapers and diapering supplies (as
defined in section 223(d)(2)(D)) shall be treated as incurred for
medical care.''.
(d) Effective Dates.--
(1) Distributions from health savings accounts.--The
amendments made by subsections (a) and (b) shall apply to
amounts paid after December 31, 2020.
(2) Reimbursements.--The amendment made by subsection (c)
shall apply to expenses incurred after December 31, 2020.
Subtitle D--Closing the Meal Gap
SEC. 30401. SHORT TITLE.
This subtitle may be cited as the ``Closing the Meal Gap Act of
2020''.
SEC. 30402. AMENDMENTS.
(a) Calculation of Program Benefits.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended--
(1) in section 3 (7 U.S.C. 2012)--
(A) by striking subsection (u),
(B) by redesignating subsections (n) through (t) as
subsections (o) through (u), respectively, and
(C) by inserting after subsection (m) the
following:
``(n) `Low-cost food plan' means the diet required to feed a family
of four persons, consisting of a man and a woman nineteen through
fifty, a child six through eight, and a child nine through eleven years
of age, determined in accordance with the Secretary's calculations. The
cost of such diet shall be the basis for uniform allotments for all
households regardless of their actual composition, except that the
Secretary shall--
``(1) make household-size adjustments (based on the
unrounded cost of such diet) taking into account economies of
scale;
``(2) make cost adjustments in the low-cost food plan for
Hawaii and the urban and rural parts of Alaska to reflect the
cost of food in Hawaii and urban and rural Alaska;
``(3) make cost adjustments in the separate low-cost food
plans for Guam, and the Virgin Islands of the United States, to
reflect the cost of food in those States, but not to exceed the
cost of food in the 50 States and the District of Columbia; and
``(4) on October 1, 2021, and each October 1 thereafter,
adjust the cost of the diet to reflect the cost of the diet in
the immediately preceding June, and round the result to the
nearest lower dollar increment for each household size.'',
(2) in section 8(a) (7 U.S.C. 2017(a))--
(A) by striking ``thrifty food plan'' each place it
appears, and inserting ``low-cost food plan'', and
(B) by striking ``8 percent'' and inserting ``10
percent'',
(3) in section 16(c)(1)(A)(ii) (7 U.S.C.
2025(c)(1)(A)(ii))--
(A) in subclause (I) by striking ``for fiscal year
2014, at an amount not greater than $37'' and inserting
``for fiscal year 2021, at an amount not greater than
$50'', and
(B) in subclause (II)--
(i) by striking ``June 30, 2013'' and
inserting ``June 30, 2021'', and
(ii) by striking ``thrifty food plan'' and
inserting ``low-cost food plan'', and
(4) in section 19(a)(2)(A) (7 U.S.C. 2028(a)(2)(A))--
(A) in clause (i) by striking ``and'' at the end,
(B) in clause (ii)--
(i) by striking ``each fiscal year
thereafter'' and inserting ``each of the fiscal
years 2004 through 2022'', and
(ii) by striking the period at the end and
inserting a semicolon, and
(C) by adding at the end the following:
``(iii) for fiscal year 2022,
$2,650,000,000; and
``(iv) subject to the availability of
appropriations under section 18(a), for each
fiscal year thereafter, the amount determined
under clause (iii), as adjusted by the
percentage by which the low-cost food plan has
been adjusted under section 3(n)(4) between
June 30, 2021, and June 30 of the immediately
preceding fiscal year.''.
(b) Standard Medical Expense Deduction.--Section 5(e)(5) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
(1) in subparagraph (A) by striking ``an excess medical''
and all that follows through the period at the end, and
inserting ``a standard medical deduction or to a medical
expense deduction of actual costs for the allowable medical
expenses incurred by the elderly or disabled member, exclusive
of special diets.'', and
(2) by adding at the end the following:
``(D) The standard medical expense deduction shall
be equal to $140 for fiscal year 2022, and for each
subsequent fiscal year shall be equal to the applicable
amount for the immediately preceding fiscal year as
adjusted to reflect changes for the 12-month period
ending the preceding June 30 in the Consumer Price
Index for All Urban Consumers: Medical Care published
by the Bureau of Labor Statistics of the Department of
Labor, except that for any such fiscal year the State
agency may establish a greater standard medical expense
deduction that satisfies cost neutrality standards
established by the Secretary for such fiscal year.''.
(c) Elimination of Cap of Excess Shelter Expenses.--Section 5(e)(6)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)) is
amended--
(1) by striking subparagraph (B), and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(d) Snap Eligibility for Full and Part-Time Students; Students'
Responsible for Care of Disabled Members of Households.--Section 6 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended--
(1) by striking subsection (e); and
(2) in subsection (d)(2)(C) by striking ``(except that any
such person enrolled in an institution of higher education
shall be ineligible to participate in the supplemental
nutrition assistance program unless he or she meets the
requirements of subsection (e) of this section)''.
(e) Conforming Amendments.--
(1) Food and nutrition act of 2008.--The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) is amended--
(A) in section 10 (7 U.S.C. 2019) by striking
``3(o)(4)'' and inserting ``3(p)(4)'',
(B) in section 11 (7 U.S.C. 2012)--
(i) in subsection (a)(2) by striking
``3(s)(1)'' and inserting ``3(t)(1)'', and
(ii) in subsection (d)--
(I) by striking ``3(s)(1)'' each
place it appears and inserting
``3(t)(1)'', and
(II) by striking ``3(s)(2)'' each
place it appears and inserting
``3(t)(2)'',
(C) in section 19(a)(2)(A)(ii) (7 U.S.C.
(a)(2)(A)(ii)) by striking ``3(u)(4)'' and inserting
``3(n)(4)'', and
(D) in section 27(a)(2) (7 U.S.C. 2036(a)(2))--
(i) in subparagraph (C) by striking
``3(u)(4)'' and inserting ``3(n)(4)'', and
(ii) in subparagraph (E) by striking
``3(u)(4)'' and inserting ``3(n)(4)''.
(2) Low-income home energy assistance act of 1981.--Section
2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8624(f)(2)(A)) is amended--
(A) by striking ``5(e)(6)(C)(iv)(I)'' and inserting
``5(e)(6)(B)(iv)(1)'', and
(B) by striking ``(7 U.S.C. 2014(e)(6)(C)(iv)(I))''
and inserting ``(7 U.S.C. 2014(e)(6)(B)(iv)(I))''.
(f) Technical Corrections.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended--
(1) in section 5(a) (7 U.S.C. 2014(a)) by striking
``3(n)(4)'' each place it appears and inserting ``3(m)(4)'',
(2) in section 8(f)(1)(A)(i) (7 U.S.C. 2017(f)(1)(A)(i)) by
striking ``3(n)(5)'' and inserting ``3(m)(5)'', and
(3) in section 17(b)(1)(B)(iv)(III)(aa) (7 U.S.C.
2016(b)(1)(B)(iv)(III)(aa)) by striking ``3(n)'' and inserting
``3(m)''.
SEC. 30403. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this
section and the amendments made by this subtitle shall take effect on
October 1, 2022.
(b) Application of Amendments.--The amendments made by subsections
(b), (c), and (f)(2) shall not apply with respect to certification
periods that begin before October 1, 2022.
Subtitle E--American Opportunity Accounts
SEC. 30501. SHORT TITLE.
This subtitle may be cited as the ``American Opportunity Accounts
Act''.
PART I--AMERICAN OPPORTUNITY ACCOUNTS
SEC. 30511. DEFINITIONS.
For purposes of this subtitle--
(1) American opportunity fund.--The term ``American
Opportunity Fund'' means the fund established under section
30512.
(2) AO account.--The term ``AO account'' means an American
opportunity account established under section 30513.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(4) American opportunity fund board.--The term ``American
Opportunity Fund Board'' means the board established pursuant
to section 30516.
(5) Executive director.--The term ``Executive Director''
means the executive director appointed pursuant to section
30516.
SEC. 30512. AMERICAN OPPORTUNITY FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``American Opportunity Fund''.
(b) Amounts Held by Fund.--The American Opportunity Fund consists
of the sum of all amounts paid into the Fund under this title,
increased by the total net earnings from investments of sums held in
the Fund or reduced by the total net losses from investments of sums
held in the Fund, and reduced by the total amount of payments made from
the Fund (including payments for administrative expenses).
(c) Use of Fund.--
(1) In general.--The sums in the American Opportunity Fund
are appropriated and shall remain available without fiscal year
limitation--
(A) to make contributions to AO accounts;
(B) to invest under section 30515;
(C) to make distributions in accordance with this
title;
(D) to pay the administrative expenses of carrying
out this title; and
(E) to purchase insurance as provided in section
30517(c)(2).
(2) Exclusive purposes.--The sums in the American
Opportunity Fund shall not be appropriated for any purpose
other than the purposes specified in this section and may not
be used for any other purpose.
(d) Transfers to American Opportunity Fund.--The Secretary shall
make transfers from the general fund of the Treasury to the American
Opportunity Fund as follows:
(1) Initial contribution for eligible individuals born
after december 31, 2019.--Upon receipt of a certification under
section 103(b)(2) with respect to an individual born after
December 31, 2019, the Secretary shall transfer $1,000 to the
AO account of the individual.
(2) Annual contributions.--
(A) In general.--Each year which occurs after the
year in which an AO account is established for an
eligible individual and before the year the eligible
individual attains the age of 18, the Secretary shall
transfer the annual contribution amount to the AO
account of the individual.
(B) Annual contribution amount.--The annual
contribution amount shall be the amount such that the
annual contribution amount for any taxpayer whose
household income is within an income tier specified in
the following table shall decrease, on a sliding scale
in a linear manner, from the initial amount to the
final amount specified in such table for such income
tier:
------------------------------------------------------------------------
In the case of household income (expressed as The initial
a percent of the poverty line) within the amount is-- The final
following income tier: amount is--
------------------------------------------------------------------------
Up to 100 percent............................. $2,000 $2,000
100 percent up to 125 percent................. 2,000 1,500
125 percent up to 175 percent................. 1,500 1,000
175 percent up to 225 percent................. 1,000 500
225 percent up to 325 percent................. 500 250
325 percent up to 500 percent................. 250 0
500 percent or more........................... 0 0
------------------------------------------------------------------------
(C) Applicable household income; poverty line.--For
purposes of this paragraph--
(i) Applicable household income.--The term
``applicable household income'' means household
income (as defined in section 36B(d) of the
Internal Revenue Code of 1986), except that--
(I) with respect to any calendar
year, the Secretary shall use the
income of the most recent taxable year
for which information is available; and
(II) in determining household
income the Secretary shall aggregate
the income of married individuals
filing separate tax returns.
(ii) Poverty line.--The term ``poverty
line'' has the meaning given such term under
section 36B(d) of the Internal Revenue Code of
1986.
(D) Authority to provide tax information.--
(i) In general.--Section 6103(l) of the
Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(23) Disclosure of return information to carry out
eligibility requirements for certain programs.--
``(A) In general.--The Secretary shall disclose to
officers and employees of the Department of Treasury or
the American Opportunity Fund Board return information
of any taxpayer whose income is relevant in determining
any annual contribution to an American Opportunity
Account under section 30512 of the American Opportunity
Accounts Act. Such return information shall be limited
to--
``(i) taxpayer identity information with
respect to such taxpayer,
``(ii) the filing status of such taxpayer,
``(iii) the number of individuals for whom
a deduction is allowed under section 151 with
respect to the taxpayer (including the taxpayer
and the taxpayer's spouse),
``(iv) the modified adjusted gross income
(as defined in section 36B) of such taxpayer,
of any spouse of such taxpayer who filed a
separate return, and of each of the other
individuals included under clause (iii) who are
required to file a return of tax imposed by
chapter 1 for the taxable year,
``(v) such other information as is
prescribed by the Secretary by regulation as
might indicate whether the taxpayer is eligible
for such an annual contribution (and the amount
thereof), and
``(vi) the taxable year with respect to
which the preceding information relates or, if
applicable, the fact that such information is
not available.
``(B) Restriction on use of disclosed
information.--Return information disclosed under
subparagraph (A) may be used by officers and employees
of the Department of Treasury or the American
Opportunity Fund Board for the purposes of, and to the
extent necessary in establishing eligibility for, and
verifying the appropriate amount of, any annual
contribution described in subparagraph (A).''.
(ii) Procedures and recordkeeping related
to disclosures.--Paragraph (4) of section
6103(p) of such Code is amended by striking
``or (22)'' each place it appears and inserting
``(22), or (23)''.
(E) Study on incorporation of other wealth
factors.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall
submit to Congress and the Secretary of Treasury a
report on the feasibility and distributive impacts of a
new measure for determining the amount of the annual
contribution amount under this paragraph based on
family wealth, total assets, and overall net worth.
Such measure may--
(i) include financial assets, the value of
family home, retirement accounts, business and
entrepreneurial ventures, potential future
inheritances, and any other assets or debts;
and
(ii) continue to factor in current or past
income to the extent such information is useful
in estimating overall household wealth.
(3) Adjustment for inflation.--
(A) In general.--For each calendar year beginning
after 2021, each of the dollar amounts under paragraphs
(1) and (2)(B)(i) shall be increased by such dollar
amount multiplied by the cost-of-living adjustment
determined under section 1(f)(3) of the Internal
Revenue Code of 1986 determined by substituting
``calendar year 2020'' for ``calendar year 2016'' in
subparagraph (A)(ii) thereof.
(B) Rounding.--If any amount adjusted under
paragraph (1) is not a multiple of $50, such amount
shall be rounded to the next lowest multiple of $50.
(e) Prohibition on Use of Payroll Taxes To Fund AO Accounts.--The
American Opportunity Fund and AO accounts are wholly separate and
unique from the Social Security system. No amount from any tax on
employment may be contributed to the American Opportunity Fund or AO
accounts.
SEC. 30513. AO ACCOUNTS.
(a) In General.--
(1) Establishment.--The Executive Director shall establish
in the American Opportunity Fund an account (to be known as an
``American Opportunity account'' or an ``AO account'') for each
eligible individual certified under subsection (b). Each such
account shall be identified to its account holder by means of a
unique personal identifier currently recognized by the Internal
Revenue Service and shall remain in the American Opportunity
Fund.
(2) Account balance.--The balance in an account holder's AO
account at any time is the excess of--
(A) the sum of--
(i) all deposits made into the American
Opportunity Fund and credited to the account
under paragraph (3); and
(ii) the total amount of allocations made
to and reductions made in the account pursuant
to paragraph (4); over
(B) the amounts paid out of the account with
respect to such individual under subsection (c).
(3) Crediting of contributions.--Pursuant to regulations
which shall be prescribed by the Executive Director, the
Executive Director shall credit to each AO account the amounts
paid into the American Opportunity Fund under section 30512(d)
which are attributable to the account holder of such account.
(4) Allocation of earnings and losses.--The Executive
Director shall allocate to each AO account an amount equal to
the net earnings and net losses from each investment of sums in
the American Opportunity Fund which are attributable, on a pro
rata basis, to sums credited to such account, reduced by an
appropriate share of the administrative expenses paid out of
the net earnings, as determined by the Executive Director.
(b) Eligible Individual.--For purposes of this title--
(1) In general.--The term ``eligible individual'' means any
individual who--
(A) was born after December 31, 2003;
(B) has not yet attained the age of 18 years; and
(C) has a valid, unique, Federal Government issued
identification number recognized by the Internal
Revenue Service.
(2) Certification of account holders.--
(A) Automatic certification for certain individuals
born after december 31, 2019.--On any date after
December 31, 2019, on which an eligible individual is
issued a social security account number under section
30903(c)(2) of the Social Security Act, the
Commissioner of Social Security shall certify to the
Executive Director and the Secretary of the Treasury
the name of, and social security number issued to, such
eligible individual.
(B) Other individuals.--In the case of an eligible
individual who is not certified under subparagraph (A),
such individual may request the establishment an AO
account under this subparagraph by application to the
Executive Director, and the Executive Director shall
certify such individual under this subparagraph.
(c) Restrictions on Distributions.--
(1) Age-related restrictions.--
(A) In general.--Except as otherwise provided in
this paragraph, no amount may be distributed from an AO
account before the date on which the account holder
attains the age of 18.
(B) Higher education expenses.--Subparagraph (A)
shall not apply to amounts paid for qualified tuition
and related expenses (as defined in section 25A(f)(1)
of the Internal Revenue Code of 1986) of the account
holder if the account holder is an eligible student (as
defined in section 25A(b)(3) of such Code) with respect
to such expenses.
(C) Authority to provide higher age limit for
certain distributions.--The Secretary, in consultation
with the American Opportunity Fund Advisory Board, may
by regulations provide for a higher age limitation with
respects to distributions relating to certain
categories of qualified expenses if the Secretary
determines that such higher age limitation is
appropriate.
(2) Use-related restrictions.--
(A) In general.--No amount may be distributed from
an AO account unless the account holder establishes,
under rules established by the Executive Director in
consultation with the American Opportunity Fund
Advisory Board, that such amount shall be used for a
qualified expense.
(B) Qualified expense.--For purposes of this
subsection--
(i) In general.--The term ``qualified
expense'' means expenses for any of the
following:
(I) Education of the account
holder.
(II) Ownership of a home by the
account holder.
(III) Any expenses paid or incurred
on or after the date on which the
account holder attains age 59\1/2\.
(IV) Any other investment in
financial assets or personal capital
that provides long-term gains to wages
and wealth, as established under
regulations promulgated by the
Secretary, in consultation with the
Executive Director and the American
Opportunity Fund Advisory Board.
(ii) Exception.--Such term shall not
include any expense described in clause (i)
which is paid to a person who does not meet
such standards as are prescribed by the
Secretary, in consultation with the Executive
Director and the American Opportunity Fund
Advisory Board.
(3) American opportunity account advisory board.--For
purposes of this subsection, the term ``American Opportunity
Fund Advisory Board'' means an advisory board established by
the Secretary consisting of individuals with expertise in
savings and asset-building, home financing, education
financing, consumer financial protection, and such other areas
as the Secretary may determine appropriate.
SEC. 30514. ASSIGNMENT, ALIENATION, AND TREATMENT OF DECEASED
INDIVIDUALS.
(a) Assignment and Alienation.--Under regulations which shall be
prescribed by the Executive Director, rules relating to assignment and
alienation applicable under chapter 84 of title 5, United States Code,
with respect to amounts held in accounts in the Thrift Savings Fund
shall apply with respect to amounts held in AO accounts in the American
Opportunity Fund.
(b) Treatment of Accounts of Deceased Individuals.--In the case of
a deceased account holder of an AO account which has an account balance
greater than zero, upon receipt of notification of such individual's
death, the Executive Director shall close the account and shall
transfer the balance in such account to the AO account of such account
holder's surviving spouse or, if there is no such account of a
surviving spouse, to the duly appointed legal representative of the
estate of the deceased account holder, or if there is no such
representative, to the person or persons determined to be entitled
thereto under the laws of the domicile of the deceased account holder.
SEC. 30515. RULES GOVERNING AO ACCOUNTS RELATING TO INVESTMENT,
ACCOUNTING, AND REPORTING.
(a) Investment Program.--The Secretary shall establish, and the
American Opportunity Fund Board shall invest in debt obligations of the
United States Government with a term of 30 years.
(b) Independent Public Accountant.--
(1) In general.--Under regulations which shall be
prescribed by the Executive Director, and subject to the
provisions of this title, section 8439(b) of title 5, United
States Code (relating to engagement of independent qualified
public accountant), shall apply with respect to the American
Opportunity Fund and accounts maintained in such Fund in the
same manner and to the same extent as such section relates to
the Thrift Savings Fund and the accounts maintained in the
Thrift Savings Fund.
(2) Application rules.--For purposes of paragraph (1),
references in such section 8439(b) to an employee, Member,
former employee, or former Member shall be deemed references to
an account holder of an AO account in the American Opportunity
Fund.
(c) Confidentiality and Disclosure.--
(1) In general.--Except as otherwise authorized by Federal
law, the American Opportunity Fund Board, the Executive
Director, and any employee of the American Opportunity Fund
Board shall not disclose information with respect to the
American Opportunity Fund or any account maintained in such
Fund.
(2) Disclosure to designee of beneficiary.--The Executive
Director may, subject to such requirements and conditions as he
may prescribe by regulations, disclose such information with
respect to the AO account of the beneficiary to such person or
persons as the beneficiary may designate in a request for or
consent to such disclosure, or to any other person at the
beneficiary's request to the extent necessary to comply with a
request for information or assistance made by the beneficiary
to such other person.
SEC. 30516. AMERICAN OPPORTUNITY FUND BOARD.
(a) In General.--There is established in the executive branch of
the Government an American Opportunity Fund Board.
(b) Composition, Duties, and Responsibilities.--Subject to the
provisions of this title, the following provisions shall apply with
respect to the American Opportunity Fund Board in the same manner and
to the same extent as such provisions relate to the Federal Retirement
Thrift Investment Board:
(1) Section 8472 of title 5, United States Code (relating
to composition of Federal Retirement Thrift Investment Board).
(2) Section 8474 of such title (relating to Executive
Director).
(3) Section 8476 of such title (relating to administrative
provisions).
SEC. 30517. FIDUCIARY RESPONSIBILITIES.
(a) In General.--Under regulations of the Secretary of Labor, the
provisions of sections 8477 and 8478 of title 5, United States Code,
shall apply in connection with the American Opportunity Fund and the
accounts maintained in such Fund in the same manner and to the same
extent as such provisions apply in connection with the Thrift Savings
Fund and the accounts maintained in the Thrift Savings Fund.
(b) Investigative Authority.--Any authority available to the
Secretary of Labor under section 504 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1134) is hereby made available to the
Secretary of Labor, and any officer designated by the Secretary of
Labor, to determine whether any person has violated, or is about to
violate, any provision applicable under subsection (a).
(c) Exculpatory Provisions; Insurance.--
(1) In general.--Any provision in an agreement or
instrument which purports to relieve a fiduciary from
responsibility or liability for any responsibility, obligation,
or duty under this title shall be void.
(2) Insurance.--Amounts in the American Opportunity Fund
available for administrative expenses shall be available and
may be used at the discretion of the Executive Director to
purchase insurance to cover potential liability of persons who
serve in a fiduciary capacity with respect to the Fund and
accounts maintained therein, without regard to whether a policy
of insurance permits recourse by the insurer against the
fiduciary in the case of a breach of a fiduciary obligation.
SEC. 30518. ACCOUNTS DISREGARDED IN DETERMINING ELIGIBILITY FOR FEDERAL
BENEFITS.
Amounts in any AO account shall not be taken into account in
determining any individual's or household's financial eligibility for,
or amount of, any benefit or service, paid for in whole or in part with
Federal funds, including student financial aid.
SEC. 30519. REPORTS.
(a) Reports to Congress.--The Executive Director, in consultation
with the Secretary, shall annually transmit a written report to the
Congress. Such report shall include--
(1) a detailed description of the status and operation of
the American Opportunity Fund and the management of the AO
accounts; and
(2) a detailed accounting of the administrative expenses in
carrying out this title, including the ratio of such
administrative expenses to the balance of the American
Opportunity Fund and the methodology adopted by the Executive
Director for allocating such expenses among the AO accounts.
(b) Reports to Account Holders.--The American Opportunity Fund
Board shall prescribe regulations under which each individual for whom
an AO account is maintained shall be furnished with an annual statement
relating to the individual's account, which shall include--
(1) a statement of the balance of individual's AO account;
(2) a projection of the account's growth by the time the
individual attains the age of 18; and
(3) such other information as the Secretary deems relevant.
SEC. 30520. PROGRAMS FOR PROMOTING FINANCIAL CAPABILITY.
The Secretary of the Treasury, in coordination with the Financial
Literacy and Education Commission, shall develop programs to promote
the financial capability of account holders of AO accounts.
SEC. 30521. TAX TREATMENT.
(a) Contributions and Distributions.--Part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after section 139G the following new section:
``SEC. 139H. CONTRIBUTIONS TO AND DISTRIBUTIONS FROM AO ACCOUNTS.
``Gross income shall not include--
``(1) any contribution credited to the AO account of the
taxpayer under section 30513(a)(3) of the American Opportunity
Accounts Act, and
``(2) any distribution from such an AO account.''.
(b) Tax Treatment of Earnings and Distributions.--Subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new part:
``PART IX--AMERICAN OPPORTUNITY FUND AND AO ACCOUNTS
``Sec. 530A. American Opportunity Fund and AO accounts.
``SEC. 530A. AMERICAN OPPORTUNITY FUND AND AO ACCOUNTS.
``(a) General Rule.--The American Opportunity Fund and AO accounts
shall be exempt from taxation under this subtitle. Notwithstanding the
preceding sentence, a AO account shall be subject to the taxes imposed
by section 511 (relating to imposition of tax on unrelated business
income of charitable organizations).
``(b) Definitions.--For purposes of this section, the terms
`American Opportunity Fund' and `AO account' have the meanings given
such terms under part I of the American Opportunity Accounts Act.''.
(c) Conforming Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after the item related to section 139G the following
new item:
``Sec. 139H. Contributions to and distributions from AO accounts.''.
(2) The table of parts for subchapter F of chapter 1 of
such Code is amended by adding at the end the following new
item:
``Part IX--American Opportunity Fund and AO Accounts''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2020.
PART II--REVENUE PROVISIONS
Subpart A--Estate and Gift Tax Provisions
SEC. 30531. MODIFICATION OF ESTATE TAX RATE AND BASIC EXCLUSION AMOUNT.
(a) Permanent Extension of Maximum Estate Tax Rate and Basic
Exclusion Amount as in Effect in 2009.--
(1) Maximum estate tax rate.--The last row of the table
contained in subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended by striking ``40 percent'' and
inserting ``45 percent''.
(2) Basic exclusion amount.--Paragraph (3) of section
2010(c) of the Internal Revenue Code of 1986 is amended to read
as follows:
``(3) Basic exclusion amount.--For purposes of this
subsection, the basic exclusion amount is $3,500,000.''.
(b) Additional Taxes for Estates Over $10,000,000.--The table
contained in section 2001(c), as amended by subsection (a), is
amended--
(1) by inserting ``but not over $10,000,000'' after ``Over
$1,000,000'' in the last row; and
(2) by adding at the end the following:
``Over $10,000,000 but not over
$50,000,000.
$4,395,800, plus 55 percent of
the excess of such
amount over
$10,000,000.
Over $50,000,000...............
$26,395,800, plus 65 percent of
the excess of such
amount over
$50,000,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying and gifts made after December 31,
2019.
SEC. 30532. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED
ANNUITY TRUSTS.
(a) In General.--Subsection (b) of section 2702 is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, and by moving
such subparagraphs (as so redesignated) 2 ems to the right;
(2) by striking ``For purposes of'' and inserting the
following:
``(1) In general.--For purposes of'';
(3) by striking ``paragraph (1) or (2)'' in paragraph
(1)(C) (as so redesignated) and inserting ``subparagraph (A) or
(B)''; and
(4) by adding at the end the following new paragraph:
``(2) Additional requirements with respect to grantor
retained annuities.--For purposes of subsection (a), in the
case of an interest described in paragraph (1)(A) (determined
without regard to this paragraph) which is retained by the
transferor, such interest shall be treated as described in such
paragraph only if--
``(A) the right to receive the fixed amounts
referred to in such paragraph is for a term of not less
than 10 years and not more than the life expectancy of
the annuitant plus 10 years,
``(B) such fixed amounts, when determined on an
annual basis, do not decrease during the term described
in subparagraph (A), and
``(C) the remainder interest has a value, as
determined as of the time of the transfer, which is--
``(i) not less than an amount equal to the
greater of--
``(I) 25 percent of the fair market
value of the property in the trust, or
``(II) $500,000, and
``(ii) not greater than the fair market
value of the property in the trust.''.
(b) Effective Date.--The amendments made by this section shall
apply to transfers made after the date of the enactment of this Act.
SEC. 30533. CERTAIN TRANSFER TAX RULES APPLICABLE TO GRANTOR TRUSTS.
(a) In General.--Subtitle B is amended by adding at the end the
following new chapter:
``CHAPTER 16--SPECIAL RULES FOR GRANTOR TRUSTS
``Sec. 2901. Application of transfer taxes.
``SEC. 2901. APPLICATION OF TRANSFER TAXES.
``(a) In General.--In the case of any portion of a trust to which
this section applies--
``(1) the value of the gross estate of the deceased deemed
owner of such portion shall include all assets attributable to
that portion at the time of the death of such owner,
``(2) any distribution from such portion to one or more
beneficiaries during the life of the deemed owner of such
portion shall be treated as a transfer by gift for purposes of
chapter 12, and
``(3) if at any time during the life of the deemed owner of
such portion, such owner ceases to be treated as the owner of
such portion under subpart E of part 1 of subchapter J of
chapter 1, all assets attributable to such portion at such time
shall be treated for purposes of chapter 12 as a transfer by
gift made by the deemed owner.
``(b) Portion of Trust to Which Section Applies.--This section
shall apply to--
``(1) the portion of a trust with respect to which the
grantor is the deemed owner, and
``(2) the portion of the trust to which a person who is not
the grantor is a deemed owner by reason of the rules of subpart
E of part 1 of subchapter J of chapter 1, and such deemed owner
engages in a sale, exchange, or comparable transaction with the
trust that is disregarded for purposes of subtitle A.
For purposes of paragraph (2), the portion of the trust described with
respect to a transaction is the portion of the trust attributable to
the property received by the trust in such transaction, including all
retained income therefrom, appreciation thereon, and reinvestments
thereof, net of the amount of consideration received by the deemed
owner in such transaction.
``(c) Exceptions.--This section shall not apply to--
``(1) any trust that is includible in the gross estate of
the deemed owner (without regard to subsection (a)(1)), and
``(2) any other type of trust that the Secretary determines
by regulations or other guidance does not have as a significant
purpose the avoidance of transfer taxes.
``(d) Deemed Owner Defined.--For purposes of this section, the term
`deemed owner' means any person who is treated as the owner of a
portion of a trust under subpart E of part 1 of subchapter J of chapter
1.
``(e) Reduction for Taxable Gifts to Trust Made by Owner.--The
amount to which subsection (a) applies shall be reduced by the value of
any transfer by gift by the deemed owner to the trust previously taken
into account by the deemed owner under chapter 12.
``(f) Liability for Payment of Tax.--Any tax imposed pursuant to
subsection (a) shall be a liability of the trust.''.
(b) Clerical Amendment.--The table of chapters for subtitle B is
amended by adding at the end the following new item:
``Chapter 16. Special Rules for Grantor Trusts''.
(c) Effective Date.--The amendments made by this section shall
apply--
(1) to trusts created on or after the date of the enactment
of this Act;
(2) to any portion of a trust established before the date
of the enactment of this Act which is attributable to a
contribution made on or after such date; and
(3) to any portion of a trust established before the date
of the enactment of this Act to which section 2901(a) of the
Internal Revenue Code of 1986 (as added by subsection (a))
applies by reason of a transaction described in section
2901(b)(2) of such Code on or after such date.
SEC. 30534. SIMPLIFYING GIFT TAX EXCLUSION FOR ANNUAL GIFTS.
(a) In General.--Section 2503 of the Internal Revenue Code of 1986
is amended--
(1) by striking paragraph (1) of subsection (b) and
inserting the following:
``(1) In general.--
``(A) Limit per donee.--In the case of gifts made
to any person by the donor during the calendar year,
the first $10,000 of such gifts to such person shall
not, for purposes of subsection (a), be included in the
total amount of gifts made during such year.
``(B) Cumulative limit per donor.--
``(i) In general.--The aggregate amount
excluded under subparagraph (A) with respect to
all transfers described in clause (ii) made by
the donor during the calendar year shall not
exceed $50,000.
``(ii) Transfers subject to limitation.--
The transfers described in this clause are--
``(I) a transfer in trust (with the
exception of any transfer to a trust
described in section 2642(c)(2)),
``(II) a transfer of an interest in
a passthrough entity,
``(III) a transfer of an interest
subject to a prohibition on sale, and
``(IV) any other transfer of
property that, without regard to
withdrawal, put, or other such rights
in the donee, cannot immediately be
liquidated by the donee.'', and
(2) by striking subsection (c).
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 529(c)(2) of the Internal
Revenue Code of 1986 is amended by striking ``section 2503(b)''
and inserting ``section 2503(b)(1)(A).
(2) Clause (i) of section 529A(b)(2)(B) of such Code is
amended by striking ``section 2503(b)'' and inserting ``section
2503(b)(1)(A)''.
(3) Paragraph (2) of section 2523(i) of such Code is
amended by striking ``section 2503(b)'' and inserting ``section
2503(b)(1)(A)''.
(4) Subsection (c) of such Code of section 2801 is amended
by striking ``2503(b)'' and inserting ``2503(b)(1)(A)''.
(c) Regulations.--The Secretary of the Treasury, or the Secretary
of the Treasury's delegate, may prescribe such regulations or other
guidance as may be necessary or appropriate to carry out the amendments
made by this section.
(d) Effective Date.--The amendments made by this section shall
apply to any calendar year beginning after the date of the enactment of
this Act.
SEC. 30535. MODIFICATION OF RULES FOR VALUE OF CERTAIN FARM REAL
PROPERTY.
(a) Increase in Limitation.--
(1) In general.--Paragraph (2) of section 2032A(a) of the
Internal Revenue Code of 1986 is amended by striking
``$750,000'' and inserting ``$3,000,000''.
(2) Inflation adjustment.--Paragraph (3) of section
2032A(a) of such Code is amended--
(A) by striking ``1998'' and inserting ``2020'';
(B) by striking ``$750,000'' and inserting
``$3,000,000'' in subparagraph (A); and
(C) by striking ``calendar year 1997'' and
inserting ``calendar year 2020'' in subparagraph (B).
(b) Qualified Use Limited to Farming Purposes.--
(1) In general.--Section 2032A(b)(2) is amended by striking
``the devotion of the property'' and all that follows and
inserting ``the devotion of the property to use as a farm for
farming purposes.''.
(2) Conforming amendments.--
(A) Subsections (c)(6)(A), (h)(3), and (i)(3) of
section 2032A of the such Code are each amended by
striking ``subparagraph (A) or (B) of''.
(B) The heading of section 2032A of such Code (and
the item relating to section 2032A in the table of
sections for part III of subchapter A of chapter 11 of
such Code) is amended by striking ``, etc.,''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
2019.
Subpart B--Reform of Taxation of Capital Income
SEC. 30541. INCREASE IN CAPITAL GAINS RATE.
(a) In General.--Section 1(h)(1)(D) of the Internal Revenue Code of
1986 is amended by striking ``20 percent'' and inserting ``24.2
percent''.
(b) Minimum Tax.--Section 55(b)(3)(D) of the Internal Revenue Code
of 1986 is amended by striking ``20 percent'' and inserting ``24.2
percent''.
(c) Conforming Amendments.--The following provisions are each
amended by striking ``20 percent'' and inserting ``20.4 percent'':
(1) Section 531 of the Internal Revenue Code of 1986.
(2) Section 541 of the Internal Revenue Code of 1986.
(3) Section 1445(e)(1) of the Internal Revenue Code of
1986.
(4) Section 1445(e)(6) of the Internal Revenue Code of
1986.
(5) The second sentence of section 7518(g)(6)(A) of the
Internal Revenue Code of 1986.
(6) Section 53511(f)(2) of title 46, United States Code.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided, the
amendments made by this section shall apply to taxable years
beginning after December 31, 2019.
(2) Withholding.--The amendments made by paragraphs (3) and
(4) of subsection (c) shall apply to amounts paid on or after
January 1, 2019.
SEC. 30542. DEEMED REALIZATION OF CAPITAL GAINS AT TIME OF GIFT OR
DEATH.
(a) Treatment as Sale.--
(1) In general.--Part IV of subchapter P of chapter 1 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 1261. GAINS FROM CERTAIN PROPERTY TRANSFERRED BY GIFT OR UPON
DEATH.
``(a) In General.--Any capital asset which is transferred by gift
or upon death shall be treated as sold for its fair market value on the
date of such gift, death, or transfer.
``(b) Exceptions.--
``(1) Tangible property.--This section shall not apply to
any tangible personal property other than a collectible (as
defined in section 408(m) without regard to paragraph (3)
thereof).
``(2) Spousal exception.--This section shall not apply to
any transfer if such transfer is made to the spouse or
surviving spouse of the transferor.
``(3) Gifts to charity.--This section shall not apply to
any transfer if such transfer is made to an organization
described in section 170(c).''.
(2) Clerical amendment.--The table of sections for part IV
of subchapter P of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 1261. Gains from certain property transferred by gift or upon
death.''.
(b) Treatment of Basis for Gifts and Bequests to Which Tax
Applies.--
(1) Elimination of carryover basis for gifts.--Subsection
(a) section 1015 of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``If the property'' and inserting
the following:
``(1) Gifts before january 1, 2020.--If the property'';
(B) by inserting ``and before January 1, 2020''
after ``after December 31, 1920''; and
(C) by adding at the end the following new
paragraph:
``(2) Gifts after december 31, 2019.--
``(A) In general.--If the property was acquired by
gift after December 31, 2019, the basis shall be the
fair market value of such property at the time of the
gift.
``(B) Special rules for charitable organizations.--
In the case of any property acquired by an organization
described in section 170(c) by gift, subparagraph (A)
shall not apply and paragraph (1) shall be applied
without regard to the phrase `and before January 1,
2022'.''.
(2) Property acquired from decedent spouses.--Section 1014
of such Code is amended by adding at the end the following new
subsection:
``(g) Property Acquired From Decedent Spouses.--In the case of any
property acquired from or which has passed from a decedent in a
transfer described in section 1041(a)(1), the basis of such property in
the hands of the transferee shall be determined under section 1041(b)
and not this section.''.
(3) Rule for transfers between spouses.--
(A) In general.--Section 1041(b) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) Transferee Has Transferor's Basis.--In the case of any
transfer of property described in subsection (a), the basis of the
transferee in the property shall be the adjusted basis of the
transferor.''.
(B) Conforming amendment.--Section 1015(e) of such
Code is amended by striking ``1041(b)(2)'' and
inserting ``1041(b)''.
SEC. 30543. EXCLUSION OF CERTAIN AMOUNTS OF REALIZED CAPITAL GAIN.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986, as amended by section 30521, is amended
by inserting after section 139H the following new section:
``SEC. 139I. EXCLUSION GAIN FROM TRANSFERS OF APPRECIATED ASSETS BY
GIFT OR AT DEATH.
``(a) In General.--Gross income shall not include so much of the
aggregate gain from transfers at death described in 1261(a) of any
capital asset as does not exceed $100,000.
``(b) Special Rules for Real Property Used for Farming.--
``(1) In general.--
``(A) Application of section.--In the case of
qualified real property--
``(i) subsection (a) shall be applied
separately to such qualified real property and
other property, and
``(ii) in applying subsection (a) to such
qualified real property, `the applicable
amount' shall be substituted for `$100,000'.
``(B) Applicable amount.--For purposes of
subparagraph (A), the applicable amount is an amount
equal to the sum of--
``(i) $1,000,000, plus
``(ii) the excess (not less than zero) of
the amount in effect under subsection (a) over
the aggregate amount of gain from transfers at
death described in section 1261(a) of capital
assets other than qualified real property.
``(2) Imposition of additional tax.--
``(A) In general.--The Secretary shall, by
regulations, provide for recapturing the benefit under
any exclusion allowable under paragraph (1) with
respect to any qualified real property if, within 10
years after the decedent's death and before the death
of the qualified heir--
``(i) the qualified heir disposes of any
interest in qualified real property (other than
by a disposition to a member of his family), or
``(ii) the qualified heir ceases to use for
the qualified use the qualified real property
which was acquired (or passed) from the
decedent.
``(B) Liability.--The benefit recaptured under
subparagraph (A) shall be recaptured from the qualified
heir.
``(3) Definitions.--Any term used in this subsection which
is also used in section 2032A shall have the meaning given such
term under section 2032A.
``(c) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning after 2020, the $100,000 amount in subsection (a) and
the $1,000,000 in subsection (b)(1)(B)(i) shall each be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting in
subparagraph (A)(ii) thereof `calendar year 2019' for
`calendar year 2016'.
``(2) Rounding.--
``(A) In general.--If the dollar amount in
subsection (a), after being increased under paragraph
(1), is not a multiple of $10,000, such dollar amount
shall be rounded to the next lowest multiple of
$10,000.
``(B) Qualified real property.--If the dollar
amount in subsection (b)(1)(B)(i), after being
increased under paragraph (1), is not a multiple of
$100,000, such amount shall be rounded to the next
lowest multiple of $100,000.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting after
section 139H the following new item:
``Sec. 139I. Exclusion gain from transfers of appreciated assets by
gift or at death.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2019.
SEC. 30544. EXTENSION OF TIME FOR PAYMENT OF TAX.
(a) Extension of Time.--
(1) In general.--Subpart B of chapter 62 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6168. EXTENSION OF TIME FOR PAYMENT OF CAPITAL GAINS ON CERTAIN
ASSETS REALIZED BY REASON OF DEATH.
``(a) 15-Year Installment Payment.--
``(1) In general.--In the case of any gain with respect to
an eligible capital asset that is recognized under section 1261
by reason of the death of the taxpayer, the taxpayer may elect
to pay part or all of tax imposed on such gain in 2 or more
(but not exceeding 15) equal installments.
``(2) Date for payment of installments.--If an election is
made under paragraph (1), the first installment shall be paid
not later than the date on which the tax for the taxable year
in which the gain described in paragraph (1) occurs is due, and
each succeeding installment shall be paid on or before the date
which is 1 year after the date prescribed by this paragraph for
payment of the preceding installment.
``(b) Eligible Capital Asset.--For purposes of this section, the
term `eligible capital asset' means any capital asset other than
personal property of a type which is actively traded (within the
meaning of section 1092(d)(1)).
``(c) Portion of Tax Eligible.--The amount of tax to which this
section applies shall not exceed the excess of--
``(1) the tax computed under chapter 1 (determined after
application of section 1261), over
``(2) the tax computed under chapter 1 (determined without
regard to section 1261).
``(d) Election.--Any election under subsection (a) shall be made
not later than the time prescribed by section 6072 for filing the
return of tax imposed under chapter 1 (including extensions thereof),
and shall be made in such manner as the Secretary shall by regulations
prescribe. If an election under subsection (a) is made, the provisions
of this subtitle shall apply as though the Secretary were extending the
time for payment of the tax.
``(e) Proration of Deficiency to Installments.--If an election is
made under subsection (a) to pay any part of the tax imposed under
chapter 1 in installments and a deficiency has been assessed, the
deficiency shall (subject to the limitation provided by subsection
(a)(2)) be prorated to the installments payable under subsection (a).
The part of the deficiency so prorated to any installment the date for
payment of which has not arrived shall be collected at the same time
as, and as a part of, such installment. The part of the deficiency so
prorated to any installment the date for payment of which has arrived
shall be paid upon notice and demand from the Secretary. This
subsection shall not apply if the deficiency is due to negligence, to
intentional disregard of rules and regulations, or to fraud with intent
to evade tax.
``(f) Time for Payment of Interest.--If the time for payment of any
amount of tax has been extended under this section, interest payable
under section 6601 on any unpaid portion shall be paid annually at the
same time as, and as part of, each installment payment of the tax.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to the application of this section.
``(h) Cross References.--
``(1) Security.--For authority of the Secretary to require
security in the case of an extension under this section, see
section 6165.
``(2) Interest.--For provisions relating to interest on tax
payable in installments under this section, see subsection (k)
of section 6601.''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 62 is amended by adding at the end the following
new item:
``Sec. 6168. Extension of time for payment of capital gains on certain
assets realized by reason of death.''.
(b) Interest.--Section 6601 of the Internal Revenue Code of 1986 is
amended by redesignating subsection (k) as subsection (l) and by
inserting after subsection (j) the following new subsection:
``(k) Special Rate for Tax Extended Under Section 6168.--If the
time for payment of an amount of tax imposed by chapter 11 is extended
as provided in section 6168, in lieu of the annual rate provided by
subsection (a), interest shall be paid at a rate equal to 45 percent of
the annual rate provided by subsection (a). For purposes of this
subsection, the amount of any deficiency which is prorated to
installments payable under section 6168 shall be treated as an amount
of tax payable in installments under such section.''.
SEC. 30545. WAIVER OF PENALTY FOR UNDERPAYMENT OF ESTIMATED TAX.
Section 6654(e)(3) of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subparagraph:
``(C) Capital gains payable upon death.--No
addition to tax shall be imposed under subsection (a)
with respect to any underpayment if the taxpayer died
during the taxable year and the Secretary determines
that the amount of the underpayment is due to capital
gains that were realized by reason of section 1261.''.
SEC. 30546. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this subtitle
shall apply to transfers after December 31, 2019, in taxable years
beginning after such date.
Subtitle F--Low-Income Water Customer Assistance Programs
SEC. 30601. SHORT TITLE.
This subtitle may be cited as the ``Low-Income Water Customer
Assistance Programs Act of 2020''.
SEC. 30602. LOW-INCOME DRINKING WATER ASSISTANCE PILOT PROGRAM.
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. LOW-INCOME DRINKING WATER ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
municipality or public entity that owns or operates a community
water system.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Low-income household.--The term `low-income
household' means a household--
``(A) in which 1 or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) 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); or
``(B) that has an income that, as determined by the
State in which the household is located, does not
exceed the greater of--
``(i) an amount equal to 150 percent of the
poverty level; and
``(ii) an amount equal to 60 percent of the
State median income for that State.
``(4) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income poverty
guidelines for the nonfarm population of the United States, as
prescribed by the Office of Management and Budget, as
applicable to the State.
``(5) Small community-serving eligible entity.--The term
`small community-serving eligible entity' means an eligible
entity that provides drinking water services to a city, county,
or municipality with a population of fewer than 10,000
residents, at least 20 percent of whom are at or below the
Federal poverty level.
``(6) State median income.--The term `State median income'
has the meaning given the term in section 2603 of Public Law
97-35 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
pilot program to award grants to not fewer than 32 eligible
entities in accordance with paragraph (2) to develop and
implement programs to assist low-income households in
maintaining access to affordable drinking water.
``(2) Requirements.--
``(A) In general.--The Administrator shall award
grants under the pilot program described in paragraph
(1) to--
``(i) not fewer than 8 eligible entities
that provide drinking water services to a
population of 1,000,000 or more residents;
``(ii) not fewer than 8 eligible entities
that provide drinking water services to a
population of 100,000 or more, but fewer than
1,000,000, residents;
``(iii) not fewer than 8 eligible entities
that provide drinking water services to a
population of 10,000 or more, but fewer than
100,000, residents;
``(iv) subject, as applicable, to
subparagraph (B), not fewer than 8 eligible
entities that provide drinking water services
to a population of fewer than 10,000 residents;
and
``(v) not more than 2 eligible entities in
each State.
``(B) Small community-serving eligible entities.--
To be eligible to receive a grant under the pilot
program under this subsection, a small community-
serving eligible entity shall enter into a memorandum
of understanding with the State in which the small
community-serving eligible entity is located, under
which the State shall--
``(i) submit to the Administrator an
application under paragraph (6) on behalf of
the small community-serving eligible entity;
and
``(ii) on receipt of a grant under the
pilot program, administer the low-income
household assistance program developed by the
small community-serving eligible entity.
``(3) Limitations.--
``(A) Use.--A grant awarded under the pilot
program--
``(i) shall not be used to replace funds
for any existing similar program; but
``(ii) may be used to supplement or enhance
an existing program.
``(B) Grants under multiple programs.--An eligible
entity--
``(i) may apply for a grant under the pilot
program and under the low-income wastewater
assistance pilot program established under
section 124(b)(1) of the Federal Water
Pollution Control Act; but
``(ii) may be awarded a grant under only 1
of the programs described in clause (i).
``(4) Term.--The term of a grant awarded under the pilot
program shall be 5 years.
``(5) Minimum program requirements.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator
shall develop, in consultation with all relevant
stakeholders, the minimum requirements for a program
carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection.
``(B) Inclusions.--The program requirements
developed under subparagraph (A) may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
or
``(vi) water efficiency assistance,
including direct installation of water
efficient fixtures and leak repair, which may
be completed through a contracted third party.
``(C) Assistance exempt from taxation.--
Notwithstanding any other provision of law, assistance
provided to a low-income household under a program
carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection shall be exempt
from income tax under the Internal Revenue Code of
1986.
``(6) Application.--To receive a grant under this
subsection, an eligible entity (or a State, on behalf of a
small community-serving eligible entity) shall submit to the
Administrator an application that demonstrates that--
``(A) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, meets the requirements developed under
paragraph (5)(A);
``(B) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, will treat owners and renters equitably;
``(C) the eligible entity or small community-
serving eligible entity, as applicable, has, to fund
the activities necessary to achieve or maintain
compliance with this Act--
``(i) a long-term financial plan based on a
rate analysis;
``(ii) an asset management plan;
``(iii) a capital improvement plan with a
period of not less than 20 years;
``(iv) a fiscal management plan; or
``(v) another plan similar to the plans
described in clauses (i) through (iv);
``(D) a grant awarded under this subsection would
support the efforts of the eligible entity or the small
community-serving entity, as applicable, to generate
the necessary funds to achieve or maintain compliance
with this title while mitigating the cost to low-income
households; and
``(E) the eligible entity or the small community-
serving entity, as applicable, has the capacity to
create and implement an effective community outreach
plan to inform eligible customers of the program and
assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to eligible entities or
small community-serving eligible entities, as applicable--
``(A) that--
``(i) in addition to owning or operating
community water systems, own or operate 1 or
more--
``(I) publicly owned treatment
works (as defined in section 212 of the
Federal Water Pollution Control Act (33
U.S.C. 1292));
``(II) municipal wastewater
treatment systems; or
``(III) municipal separate
stormwater sewer systems; and
``(ii) are subject to consent decrees
relating to compliance with the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.)
for a facility described in clause (i);
``(B) the residential customers of which have
experienced rate or fee increases for wastewater,
stormwater, or drinking water services that is greater
than or equal to 30 percent during the 3-year period
ending on the date of enactment of this section; or
``(C) that--
``(i) develop an equivalent program, as
determined by the Administrator, that is
administered separately by the eligible entity
or small community-serving eligible entity, as
applicable; or
``(ii) provide matching funds equal to or
greater than the amount of the grant from--
``(I) the applicable State or unit
of local government; or
``(II) a State-sponsored nonprofit
organization or private entity.
``(8) Lower income limit.--For purposes of this section, an
eligible entity (or a State, on behalf of a small community-
serving eligible entity) may adopt an income limit that is
lower than the limit described in subsection (a)(3)(B), except
that the eligible entity or State, respectively, may not
exclude a household from eligibility in a fiscal year based
solely on household income if that income is less than 110
percent of the poverty level.
``(9) Reporting requirements.--
``(A) In general.--In addition to any other
applicable Federal or agency-specific grant reporting
requirements, as a condition of receiving a grant under
this subsection, an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the
Administrator, the low-income household assistance
program developed by the eligible entity or small
community-serving eligible entity, as applicable, using
the grant, including--
``(i) key features, including rate
structures, rebates, discounts, and related
initiatives that assist households, including--
``(I) budget billing;
``(II) bill timing; and
``(III) pretermination protections;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by eligible
households;
``(v) the monetary benefit per participant;
``(vi) program costs;
``(vii) the demonstrable impacts of the
program on arrearage and service disconnection
for residential customers, based on data from
before and after the implementation of the
pilot program, to the maximum extent
practicable;
``(viii) the outreach and stakeholder
process used by the eligible entity or small
community-serving eligible entity, as
applicable, to design the program, including--
``(I) the selection process for any
stakeholder committee members; and
``(II) the number and location of
community outreach events;
``(ix) the methods used to enroll
customers, including the outreach plan and the
status of implementation of that outreach plan;
and
``(x) other relevant information required
by the Administrator.
``(B) Publication.--The Administrator shall publish
each report submitted under subparagraph (A).
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State, on behalf
of a small community-serving eligible entity, that receives a grant
under this section to ensure--
``(1) full implementation of the pilot program; and
``(2) maximum enrollment of low-income households,
including through--
``(A) community outreach campaigns;
``(B) coordination with local health departments to
determine the eligibility of households for assistance;
or
``(C) a combination of the campaigns and
coordination described in subparagraphs (A) and (B).
``(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of a small community-serving eligible entity) under this section, and
every year thereafter for the duration of the terms of the grants, the
Administrator shall submit to Congress a report on the results of the
pilot program established under this section.''.
SEC. 30603. LOW-INCOME WASTEWATER ASSISTANCE PILOT PROGRAM.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 124. LOW-INCOME WASTEWATER ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a municipality or public entity that owns or
operates--
``(i) a publicly owned treatment works;
``(ii) a municipal wastewater treatment
system; or
``(iii) a municipal separate stormwater
sewer system; and
``(B) 2 or more municipalities or public entities
described in subparagraph (A) that have entered into a
partnership agreement or a cooperative agreement.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as 1 economic
unit.
``(3) Low-income household.--The term `low-income
household' means a household--
``(A) in which 1 or more individuals are
receiving--
``(i) assistance under a State program
funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(ii) supplemental security income
payments under title XVI of the Social Security
Act (42 U.S.C. 1381 et seq.);
``(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
``(iv) 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); or
``(B) that has an income that, as determined by the
State in which the household is located, does not
exceed the greater of--
``(i) an amount equal to 150 percent of the
poverty level; and
``(ii) an amount equal to 60 percent of the
State median income for that State.
``(4) Poverty level.--The term `poverty level' means, with
respect to a household in a State, the income poverty
guidelines for the nonfarm population of the United States, as
prescribed by the Office of Management and Budget, as
applicable to the State.
``(5) Small community-serving eligible entity.--The term
`small community-serving eligible entity' means an eligible
entity that provides wastewater or municipal stormwater
services to a city, county, or municipality with a population
of fewer than 10,000 residents, at least 20 percent of whom are
at or below the Federal poverty level.
``(6) State median income.--The term `State median income'
has the meaning given the term in section 2603 of Public Law
97-35 (42 U.S.C. 8622).
``(b) Establishment.--
``(1) In general.--The Administrator shall establish a
pilot program to award grants to not fewer than 32 eligible
entities in accordance with paragraph (2) to develop and
implement programs to assist low-income households in
maintaining access to affordable wastewater or municipal
stormwater services.
``(2) Requirements.--
``(A) In general.--The Administrator shall award
grants under the pilot program described in paragraph
(1) to--
``(i) not fewer than 8 eligible entities
that provide wastewater services, stormwater
services, or both to a population of 1,000,000
or more residents;
``(ii) not fewer than 8 eligible entities
that provide wastewater services, stormwater
services, or both to a population of 100,000 or
more, but fewer than 1,000,000, residents;
``(iii) not fewer than 8 eligible entities
that provide wastewater services, stormwater
services, or both to a population of 10,000 or
more, but fewer than 100,000, residents;
``(iv) subject, as applicable, to
subparagraph (B), not fewer than 8 eligible
entities that provide wastewater services,
stormwater services, or both to a population of
fewer than 10,000 residents; and
``(v) not more than 2 eligible entities in
each State.
``(B) Small community-serving eligible entities.--
To be eligible to receive a grant under the pilot
program under this subsection, a small community-
serving eligible entity shall enter into a memorandum
of understanding with the State in which the small
community-serving eligible entity is located, under
which the State shall--
``(i) submit to the Administrator an
application under paragraph (6) on behalf of
the small community-serving eligible entity;
and
``(ii) on receipt of a grant under the
pilot program, administer the low-income
household assistance program developed by the
small community-serving eligible entity.
``(3) Limitations.--
``(A) Use.--A grant awarded under the pilot
program--
``(i) shall not be used to replace funds
for any existing similar program; but
``(ii) may be used to supplement or enhance
an existing program.
``(B) Grants under multiple programs.--An eligible
entity--
``(i) may apply for a grant under the pilot
program and under the low-income drinking water
assistance pilot program established under
section 1459E(b)(1) of the Safe Drinking Water
Act; but
``(ii) may be awarded a grant under only 1
of the programs described in clause (i).
``(4) Term.--The term of a grant awarded under the pilot
program shall be 5 years.
``(5) Minimum program requirements.--
``(A) In general.--Not later than 2 years after the
date of enactment of this section, the Administrator
shall develop, in consultation with all relevant
stakeholders, the minimum requirements for a program to
be carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection.
``(B) Inclusions.--The program requirements
developed under subparagraph (A) may include--
``(i) direct financial assistance;
``(ii) a lifeline rate;
``(iii) bill discounting;
``(iv) special hardship provisions;
``(v) a percentage-of-income payment plan;
or
``(vi) water efficiency assistance,
including direct installation of water
efficient fixtures and leak repair, which may
be completed through a contracted third party.
``(C) Assistance exempt from taxation.--
Notwithstanding any other provision of law, assistance
provided to a low-income household under a program
carried out by an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
using a grant under this subsection shall be exempt
from income tax under the Internal Revenue Code of
1986.
``(6) Application.--To receive a grant under this
subsection, an eligible entity (or a State, on behalf of a
small community-serving eligible entity) shall submit to the
Administrator an application that demonstrates that--
``(A) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, meets the requirements developed under
paragraph (5)(A);
``(B) the proposed program of the eligible entity
or small community-serving eligible entity, as
applicable, will treat owners and renters equitably;
``(C) the eligible entity or small community-
serving eligible entity, as applicable, has, to fund
the activities necessary to achieve or maintain
compliance with this Act--
``(i) a long-term financial plan based on a
rate analysis;
``(ii) an asset management plan;
``(iii) a capital improvement plan with a
period of not less than 20 years;
``(iv) a fiscal management plan; or
``(v) another plan similar to the plans
described in clauses (i) through (iv);
``(D) a grant awarded under this subsection would
support the efforts of the eligible entity or the small
community-serving entity, as applicable, to generate
the necessary funds to achieve or maintain compliance
with this title while mitigating the cost to low-income
households; and
``(E) the eligible entity or the small community-
serving entity, as applicable, has the capacity to
create and implement an effective community outreach
plan to inform eligible customers of the program and
assist with enrollment.
``(7) Priority.--In awarding grants under this subsection,
the Administrator shall give priority to eligible entities or
small community-serving eligible entities, as applicable--
``(A) that are affected by consent decrees relating
to compliance with this Act;
``(B) the residential customers of the eligible
entity or small community-serving eligible entity, as
applicable, have experienced a rate or fee increase for
wastewater, stormwater, or drinking water services that
is greater than or equal to 30 percent during the 3-
year period ending on the date of enactment of this
section;
``(C) that--
``(i) develop an equivalent program, as
determined by the Administrator, that is
administered separately by the eligible entity
or small community-serving eligible entity, as
applicable; or
``(ii) provide matching funds equal to or
greater than the amount of the grant from--
``(I) the applicable State or unit
of local government; or
``(II) a State-sponsored nonprofit
organization or private entity; or
``(D) that are described in subsection (a)(1)(B).
``(8) Lower income limit.--For purposes of this section, an
eligible entity (or a State, on behalf of a small community-
serving eligible entity) may adopt an income limit that is
lower than the limit described in subsection (a)(3)(B), except
that the eligible entity or State, respectively, may not
exclude a household from eligibility in a fiscal year based
solely on household income if that income is less than 110
percent of the poverty level.
``(9) Reporting requirements.--
``(A) In general.--In addition to any other
applicable Federal or agency-specific grant reporting
requirements, as a condition of receiving a grant under
this subsection, an eligible entity (or a State, on
behalf of a small community-serving eligible entity)
shall submit to the Administrator an annual report that
summarizes, in a manner determined by the
Administrator, the low-income household assistance
program developed by the eligible entity or small
community-serving eligible entity, as applicable, using
the grant amount, including--
``(i) key features, including rate
structures, rebates, discounts, and related
initiatives that assist households, including--
``(I) budget billing;
``(II) bill timing; and
``(III) pretermination protections;
``(ii) sources of funding;
``(iii) eligibility criteria;
``(iv) participation rates by eligible
households;
``(v) the monetary benefit per participant;
``(vi) program costs;
``(vii) the demonstrable impacts of the
program on arrearage and service disconnection
for residential customers, based on data from
before and after the implementation of the
pilot program, to the maximum extent
practicable;
``(viii) the outreach and stakeholder
process used by the eligible entity or small
community-serving eligible entity, as
applicable, to design the program, including--
``(I) the selection process for any
stakeholder committee members; and
``(II) the number and location of
community outreach events;
``(ix) the methods used to enroll
customers, including the outreach plan and the
status of implementation of that outreach plan;
and
``(x) other relevant information required
by the Administrator.
``(B) Publication.--The Administrator shall publish
each report submitted under subparagraph (A).
``(c) Technical Assistance.--The Administrator shall provide
technical assistance to each eligible entity, and each State, on behalf
of a small community-serving eligible entity, that receives a grant
under this section to ensure--
``(1) full implementation of the pilot program; and
``(2) maximum enrollment of low-income households,
including through--
``(A) community outreach campaigns;
``(B) coordination with local health departments to
determine the eligibility of households for assistance;
or
``(C) a combination of the campaigns and
coordination described in subparagraphs (A) and (B).
``(d) Report.--Not later than 2 years after the date on which grant
funds are first disbursed to an eligible entity (or a State, on behalf
of a small community-serving eligible entity) under this section, and
every year thereafter for the duration of the terms of the grants, the
Administrator shall submit to Congress a report on the results of the
pilot program established under this section.''.
SEC. 30604. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME
COMMUNITY WATER ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Low-income household.--The term ``low-income
household'' means a household--
(A) in which 1 or more individuals are receiving--
(i) assistance under a State program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
(ii) supplemental security income payments
under title XVI of the Social Security Act (42
U.S.C. 1381 et seq.);
(iii) supplemental nutrition assistance
program benefits under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.); or
(iv) 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); or
(B) that has an income that, as determined by the
State in which the household is located, does not
exceed the greater of--
(i) an amount equal to 150 percent of the
poverty level; and
(ii) an amount equal to 60 percent of the
State median income for that State.
(3) Poverty level.--The term ``poverty level'' means, with
respect to a household in a State, the income poverty
guidelines for the nonfarm population of the United States, as
prescribed by the Office of Management and Budget, as
applicable to the State.
(4) State median income.--The term ``State median income''
has the meaning given the term in section 2603 of Public Law
97-35 (42 U.S.C. 8622).
(b) Study; Report.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, 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 that do not have access to--
(A) affordable and functional centralized or onsite
wastewater services that protect the health of
individuals in the households;
(B) affordable municipal stormwater services; or
(C) 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
functional centralized and onsite wastewater,
stormwater, and drinking water services;
(B) a description of the cost of each method
described in subparagraph (A);
(C) with respect to the development of the report,
a consultation with all relevant stakeholders; and
(D) a description of the results of the study with
respect to low-income renters who do not receive bills
for wastewater, stormwater, and drinking water services
but pay for the services indirectly through rent
payments.
(3) Agreements.--The Administrator may enter into an
agreement with another Federal agency to carry out the study
under paragraph (1).
Subtitle G--Worker Relief and Credit Reform
SEC. 30701. SHORT TITLE.
This subtitle may be cited as the ``Worker Relief and Credit Reform
Act of 2020'' or as the ``WRCR Act of 2020''.
SEC. 30702. EXPANSION AND IMPROVEMENT OF EARNED INCOME TAX CREDIT.
(a) Application to Students.--
(1) In general.--Section 32(c)(1)(A)(i) of the Internal
Revenue Code of 1986 is amended by inserting ``who is a
qualifying student or'' after ``any individual''.
(2) Qualifying student.--Section 32(c) of such Code is
amended by redesignating paragraph (4) as paragraph (5) and
inserting after paragraph (3) the following new paragraph:
``(4) Qualifying student.--
``(A) In general.--The term `qualifying student'
means, with respect to any taxable year, any individual
who--
``(i) is an eligible student (as defined in
section 25A(b)(3)) with respect to at least one
academic period beginning during such taxable
year,
``(ii) either--
``(I) qualifies for a Federal Pell
Grant with respect to such academic
period, or
``(II) meets the requirements of
subparagraph (B) or (C) for the taxable
year, and
``(iii) is not a dependent for whom a
deduction is allowable under section 151 to
another taxpayer for any taxable year beginning
in the same calendar year as such taxable year.
``(B) Independent students.--In the case of any
independent student, the requirements of this
subparagraph are met for such taxable year if the
household income of the taxpayer is less than 300
percent of the poverty line for the size of the family
involved for the taxable year.
``(C) Other students.--
``(i) In general.--In the case of any
individual who is not an independent student,
the requirements of this subparagraph are met
for such taxable year if the aggregate
household incomes of all the individual's
specified supporters (and the taxpayer if not
otherwise taken into account) for the taxable
years of such supporters which end in or with
the calendar year in which such individual's
taxable year begins is less than 300 percent of
the poverty line for the size of the family
involved (determined on a single aggregate
basis) for the taxable year.
``(ii) Specified supporter.--The term
`specified supporter' means, with respect to
any individual described in clause (i), any
taxpayer with respect to whom such individual
was a dependent for any taxable year ending in
the 3-year period described in subparagraph
(D)(i).
``(D) Independent student defined.--
``(i) In general.--The term `independent
student' means any individual if such
individual was not a dependent of another
taxpayer for any taxable year ending in the 3-
year period which ends on the first day of the
first academic period with respect to which
such individual is an eligible student (as
defined in section 25A(b)(3)).
``(ii) Certain academic periods
disregarded.--An academic period shall be
disregarded under clause (i) if such academic
period ends more than 2 years before the
beginning of the next academic period with
respect to which the individual is an eligible
student (as defined in section 25A(b)(3)).
``(E) Other definitions.--
``(i) Household income.--The term
`household income' has the meaning given such
term in section 36B(d)(2).
``(ii) Poverty line.--The term `poverty
line' has the meaning given such term in
section 36B(d)(3)(A).
``(iii) Family size.--The family size
involved with respect to any taxpayer shall be
determined under rules similar to the rules of
section 36B(d)(1).''.
(3) Conforming amendment.--Section 32(c)(1)(A)(ii) of such
Code is amended by striking ``any other individual who does not
have a qualifying child'' and inserting ``any individual not
described in clause (i)''.
(b) Modification of Age Requirements.--Section 32(c)(1)(A)(ii)(II)
of such Code is amended by striking ``has attained age 25 but not
attained age 65'' and inserting ``has attained age 18''.
(c) Care-Giving and Learning Taken Into Account as Compensated
Work.--Section 32(a) of such Code is amended by adding at the end the
following new paragraph:
``(3) Special rule for qualifying students and certain
individuals with one or more qualifying dependents.--For
purposes of paragraph (1), any individual--
``(A) who is a qualifying student, or
``(B) who has a qualifying dependent,
shall be treated as having earned income for the taxable year
which is equal to the earned income amount with respect to such
individual for such taxable year.''.
(d) Treatment of Certain Qualifying Relatives.--
(1) In general.--Section 32(c)(3) of such Code is amended
by striking all that precedes subparagraph (B) and inserting
the following:
``(3) Qualifying dependent.--
``(A) In general.--The term `qualifying dependent'
means--
``(i) a qualifying child of the taxpayer,
as defined in section 152(c), determined--
``(I) by substituting `12' for `19'
in paragraph (3)(A)(i) thereof, and
``(II) without regard to paragraphs
(1)(D) and (3)(A)(ii) thereof and
section 152(e),
``(ii) any individual who is physically or
mentally incapable of caring for himself or
herself (within the meaning of section
21(b)(1)) and who--
``(I) is the taxpayer's spouse, or
``(II) is a qualifying relative of
the taxpayer, as defined in section
152(d), determined without regard to
paragraph (1)(B) thereof and by
treating an individual as a qualifying
child of the taxpayer for purposes of
paragraph (1)(D) thereof only if such
individual is a qualifying child of the
taxpayer as determined under clause (i)
of this subparagraph, or
``(iii) any qualifying relative of the
taxpayer (as defined in section 152(d),
determined without regard to paragraph (1)(B)
thereof) who has attained age 65 as of the
close of the calendar year in which the taxable
year of the taxpayer begins.
For purposes of determining if any individual is a
qualifying relative of the taxpayer under clause
(ii)(II) or (iii), section 152(d)(1)(C) shall be
applied by not taking into account any benefits
received by such individual pursuant to any Federal
program (or any State or local program financed in
whole or in part with Federal funds) related to health
care, cash aid, child care, food assistance, housing
and development, social services, employment and
training, or energy assistance.''.
(2) Conforming amendments.--
(A) Section 32(c)(1)(A)(i) of such Code are each
amended by striking ``qualifying child'' and inserting
``qualifying dependent''.
(B) Section 32(c)(1)(B) of such Code is amended--
(i) by striking ``qualifying child'' and
inserting ``qualifying dependent'', and
(ii) by striking ``child'' in the heading
and inserting ``dependent''.
(C) Section 32(c)(1)(F) of such Code is amended--
(i) by striking ``qualifying children'' and
inserting ``qualifying dependents'',
(ii) by striking ``qualifying child'' and
inserting ``qualifying dependent'', and
(iii) by striking ``qualifying child'' in
the heading and inserting ``qualifying
dependent''.
(D) Section 32(c)(3)(D)(i) of such Code is amended
by striking ``qualifying child'' both places it appears
and inserting ``qualifying dependent''.
(e) Modification of Percentages and Amounts.--
(1) 100 percent credit percentage.--Paragraph (1) and
paragraph (2)(A) of section 32(a) of such Code are each amended
by striking ``the credit percentage of''.
(2) 20 percent phaseout percentage.--Section 32(a)(2)(B) of
such Code is amended by striking ``the phaseout percentage''
and inserting ``20 percent''.
(3) Modification of earned income and phaseout amounts.--
Section 32(b) of such Code is amended to read as follows:
``(b) Earned Income Amount; Phaseout Amount.--For purposes of this
section--
``(1) Earned income amount.--The term `earned income
amount' means $4,000 (twice such amount in the case of a joint
return).
``(2) Phaseout amount.--The term `phaseout amount' means
$30,000 ($50,000 in the case of a joint return).
``(3) Inflation adjustment.--In the case of any taxable
year beginning after 2019, the $4,000 amount in paragraph (1)
and each dollar amount in paragraph (2) shall be increased by
an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`2018' for `2016' in subparagraph (A)(ii) thereof.
If any increase under the preceding sentence is not a multiple
of $50, such increase shall be rounded to the next lowest
multiple of $50.''.
(4) Conforming amendments.--
(A) Section 32(i) of such Code is amended by adding
at the end the following new paragraph:
``(3) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2018, the $2,200 amount in subsection
(i)(1) shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `1995' for `2016' in
subparagraph (A)(ii) thereof.
``(B) Rounding.--If any increase under subparagraph
(A) is not a multiple of $50, such increase shall be
rounded to the next lowest multiple of $50.''.
(B) Section 32 of such Code is amended by striking
subsection (j).
(f) Increased Credit for Certain Unmarried Individuals With 2 or
More Qualifying Children.--
(1) In general.--Section 32 of such Code is amended by
inserting after subsection (f) the following new subsection:
``(g) Increased Credit for Certain Unmarried Individuals With 2 or
More Qualifying Children.--
``(1) In general.--In the case of a qualified individual,
the amount of the credit otherwise determined under subsection
(a) shall be increased by the amount of the credit determined
under this section as such section was in effect for taxable
years beginning in 2018 but with the modifications described in
paragraph (2).
``(2) Modifications.--Solely for purposes of determining
the increase under paragraph (1)--
``(A) Credit percentage.--The credit percentage
shall be equal to--
``(i) in the case of a qualified individual
with 2 qualifying children, 12.5 percent, and
``(ii) in the case of a qualified
individual with 3 or more qualifying children,
18.75 percent.
``(B) Phaseout percentage.--The phaseout percentage
shall be equal to 5 percent.
``(C) Application of inflation adjustment.--Section
32(j) as in effect for taxable years beginning in 2018
shall be applied by taking into account the taxable
year for which the increase under paragraph (1) is
determined.
``(3) Qualified individual.--For purposes of this
subsection, the term `qualified individual' means any
individual who--
``(A) is not married (as determined under section
7703), and
``(B) has 2 or more qualifying children.
``(4) Qualifying child.--For purposes of this subsection,
the term `qualifying child' means a child described in
subsection (c)(3)(A)(i) determined without regard to subclause
(I) thereof.''.
(g) Advance Payment.--
(1) In general.--Chapter 77 of such Code is amended by
adding at the end the following new section:
``SEC. 7529. ADVANCE PAYMENT OF EARNED INCOME CREDIT; EARNED INCOME
SAVINGS ACCOUNTS.
``(a) In General.--Not later that the date that is 2 years after
the date of the enactment of this section, the Secretary shall
establish a program for making direct advance monthly payments of the
credit allowable under section 32 to taxpayers who elect to receive
such payments.
``(b) Limitation.--The aggregate monthly payments made under
subsection (a) with respect to any taxpayer for any taxable year shall
not exceed 75 percent of the estimated amount of the credit allowable
under section 32 to such taxpayer for such taxable year.
``(c) Election.--The election under subsection (a) may be made or
changed for subsequent periods at any time during the taxable year. In
the case of an election made after the beginning of a taxable year, the
monthly advance payments shall be made for months beginning after the
date that such election becomes effective and the total amount of
advance payments (subject to the limitation of subsection (b)) shall be
prorated among the remaining months.
``(d) Method of Payment.--The program established under subsection
(a) shall include an option for taxpayers to elect to receive payments
under such program by prepaid debit card.
``(e) Reports to Taxpayers.--
``(1) In general.--With respect to payments made under this
section for any calendar year, not later than January 31 of the
following calendar year, the Secretary shall issue a statement
to each individual with respect to whom payments were made
under this section setting forth--
``(A) the name, address, and TIN of such person,
``(B) the aggregate amount of payments made under
this section with respect to such person for such
calendar year,
``(C) a statement that such individual is required
to file a return of tax with respect to taxable years
which include any portion of such calendar year
regardless of whether such individual has income tax
liability with respect to such taxable years, and
``(D) such other information as the Secretary may
provide.
``(2) Election to receive statement through on-line
portal.--A taxpayer may elect to receive the statement
described in paragraph (1) through the on-line portal described
in subsection (f).
``(f) Recapture of Excess Payments.--If the aggregate payments made
to any taxpayer under subsection (a) with respect to any taxable year
exceed the credit allowed under section 32 (determined without regard
to subsection (h) thereof) with respect to such taxpayer for such
taxable year, the tax imposed by chapter 1 with respect to such
taxpayer for such taxable year shall be increased by such excess.
``(g) Restriction on Allowance of Advance Payment if Excess
Payments Not Repaid.--In the case of a taxpayer who fails to pay any
tax liability which includes an increase determined under subsection
(f) before the date on which payment of such tax is due, no payment
shall be made under subsection (a) to such taxpayer during the period
beginning on such date and ending with the 2-year period which begins
on the date that such tax liability (and any interest or penalties in
connection with such liability) has been paid in full.''.
(2) Coordination with credit.--Section 32 of such Code, as
amended by subsection (f), is amended by inserting after
subsection (g) the following new subsection:
``(h) Coordination With Advance Payment of Credit.--With respect to
any taxable year, the amount which would (but for this subsection) be
allowed as a credit to the taxpayer under this section shall be reduced
(but not below zero) by the aggregate payments made under section 7529
to such taxpayer for such taxable year.''.
(3) One-on-one consultations.--The Secretary of the
Treasury (or the Secretary's delegate) shall ensure that in
person, telephonic, and virtual one-on-one consultations
between taxpayers and the Internal Revenue Service are
available to assist taxpayers at all times during regular
business hours (and, in the case of in person consultations, at
all taxpayer assistance centers of the Internal Revenue
Service) in determining--
(A) their eligibility for the advance payment
program established under section 7529,
(B) the amount of the monthly payment for which the
taxpayer is eligible under such program,
(C) the circumstances or changes in circumstances
which, based on the particular characteristics of such
taxpayer, are most likely to result in excess payments
to such taxpayer which would be subject to recapture
under section 7529(f), and
(D) such other matters as such Secretary or
delegate determines appropriate.
(4) On-line portal.--The Secretary of the Treasury (or the
Secretary's delegate) shall establish an on-line portal which
allows taxpayers to--
(A) elect to receive advance monthly payment under
section 7529, including determining the estimated
amount described in subsection (b) of such section and
determining the amount of such monthly payments,
(B) report changes in circumstances and modify the
amount of future advance monthly payments under such
section, and
(C) stop future advance monthly payments under such
section and pay back any advance monthly payments.
(5) Clerical amendment.--The table of sections for chapter
77 of such Code is amended by adding at the end the following
new item:
``Sec. 7529. Advance payment of earned income credit; earned income
savings accounts.''.
(h) Outreach Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Treasury (or
the Secretary's designee) shall establish a program to educate
taxpayers regarding the availability of the earned income tax
credit and the advance monthly payment of such credit. Pursuant
to such program--
(A) EITC educational letters.--The Secretary (or
designee) shall provide a written notice describing the
earned income tax credit, the qualifications for
receiving such credit, and the program for the advance
payment of such credit to each taxpayer that the
Secretary (or designee) determines is likely to qualify
for such credit.
(B) District office workshops.--Each district
office of the Internal Revenue Service shall provide
workshops and seminars to assist and educate taxpayers
regarding the earned income tax credit and the program
to provide advance monthly payments of such credit.
(C) Quarterly reminders.--The Internal Revenue
Service shall provide written reminders each calendar
quarter to taxpayers participating in the program to
provide advance monthly payments of the earned income
tax credit that the amount of such payments are
determined on the basis of estimates based on
information previously provided by the taxpayer, that
the taxpayer is responsible for repaying any amounts
received which are in excess of the actual amount of
the earned income tax credit, and that the taxpayer
should review all the facts and circumstances that may
affect the amount of the earned income tax credit of
the taxpayer which the taxpayer is receiving in
advance.
(2) Termination.--The program established under paragraph
(1) shall terminate at the close of the 10-year period
beginning on the date that such program is established by the
Secretary (or designee).
(3) Report on effectiveness of program.--On the date which
is 5 years after the establishment of the program under
paragraph (1), the Secretary shall submit to Congress a report
evaluating the effectiveness of the program, including a
detailed examination of the effectiveness of each of the
initiatives described in subparagraphs (A), (B), and (C) of
paragraph (1).
(i) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2021.
Subtitle H--School Modernization and Efficient Access to Lunches for
Students
SEC. 30801. SHORT TITLE.
This subtitle may be cited as the ``School Modernization and
Efficient Access to Lunches for Students Act of 2020'' or the ``School
MEALS Act of 2020''.
SEC. 30802. EXPANDING DIRECT CERTIFICATION.
Section 9(b)(4)(F)(iii)(II)(bb) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(4)(F)(iii)(II)(bb)) is amended by
inserting ``in not more than 3 school years'' after ``measures''.
SEC. 30803. DIRECT CERTIFICATION IMPROVEMENT GRANTS AND TECHNICAL
ASSISTANCE.
Section 9(b) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1758(b)) is amended by adding at the end the following:
``(16) Direct certification improvement grants and
technical assistance.--
``(A) Definitions.--In this paragraph:
``(i) Eligible entity.--The term `eligible
entity' means--
``(I) a State agency; and
``(II) a Tribal organization.
``(ii) 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).
``(iii) Rate of direct certification.--The
term `rate of direct certification' means the
percentage of children eligible for direct
certification under paragraphs (4) and (5) for
a school year that were directly certified
under those paragraphs for that school year.
``(iv) Tribal organization.--The term
`Tribal organization' has the meaning given the
term `tribal organization' in section 4 of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(B) Grants.--
``(i) In general.--The Secretary shall
provide grants to eligible entities that
administer the school lunch program under this
Act to improve the rate of direct certification
in the State in which the eligible entity is
located.
``(ii) Priority.--In providing grants under
clause (i), the Secretary shall give priority
to States and Tribal organizations with the
lowest rates of direct certification.
``(iii) Use of funds.--An eligible entity
that receives a grant under clause (i) shall
use the grant funds to pay costs relating to
improving the rate of direct certification in
the State or Indian Tribe, as applicable,
including the cost of--
``(I) improving technology relating
to direct certification;
``(II) providing technical
assistance to local educational
agencies;
``(III) newly implementing or
revising a direct certification system
or process in the State (including at
local educational agencies in the
State) or Indian Tribe, including the
cost of equipment; and
``(IV) coordinating with multiple
public benefits programs to increase
the rate of direct certification,
including by conducting feasibility
studies and demonstration projects
under section 18(c).
``(C) Food distribution program on indian
reservations.--
``(i) In general.--The Secretary shall
provide grants to States and Tribal
organizations administering the food
distribution program on Indian reservations
under section 4(b) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2013(b))--
``(I) in the case of a Tribal
organization, if applicable, to
establish a rate of direct
certification of children that are
members of households receiving
assistance under that program; or
``(II) to improve the rate of
direct certification of children that
are members of households receiving
assistance under that program.
``(ii) Use of funds.--A State or Tribal
organization receiving a grant under this
subparagraph shall use the funds to pay the
costs described in subparagraph (B)(iii).
``(D) Technical assistance.--The Secretary shall
provide technical assistance to assist the recipients
of grants under subparagraphs (B) and (C), and other
eligible entities, as appropriate, in improving the
rates of direct certification.
``(E) Funding.--
``(i) In general.--On October 1, 2020, out
of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out
this paragraph $28,000,000, to remain available
until expended.
``(ii) Food distribution program on indian
reservations.--Of the funds transferred to the
Secretary under clause (i), the Secretary shall
use not less than $2,000,000 to carry out
subparagraph (C).
``(iii) Technical assistance.--Of the funds
transferred to the Secretary under clause (i),
the Secretary shall use not more than
$3,000,000 to carry out subparagraph (D).
``(iv) Receipt and acceptance.--The
Secretary shall be entitled to receive, shall
accept, and shall use to carry out this
paragraph the funds transferred under clause
(i), without further appropriation.''.
SEC. 30804. ENHANCING THE COMMUNITY ELIGIBILITY OPTION.
Section 11(a)(1)(F) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1759a(a)(1)(F)) is amended--
(1) in clause (iv)--
(A) in subclause (I)(bb)--
(i) by striking ``as of April 1 of the
prior school year'' and inserting ``during the
period beginning on April 1 of the prior school
year and ending on the last day of that school
year''; and
(ii) by striking ``as of April 1 of the
school year prior'' and all that follows
through ``subparagraph'' and inserting ``during
the period beginning on April 1 of the covered
school year and ending on the last day of the
covered school year''; and
(B) by adding at the end the following:
``(III) Definition of covered
school year.--In this clause, the term
`covered school year' means the school
year prior to the first school year
that a school or local educational
agency elected to receive special
assistance payments under this
subparagraph.''; and
(2) in clause (x)--
(A) in subclause (I), by striking ``for the next
school year if, not later than June 30 of the current
school year,'' and inserting ``if'';
(B) in subclause (II)(aa), by inserting ``, based
on counts conducted by schools of identified students
beginning on or after April 1 of that school year,''
after ``clause (viii)''; and
(C) in subclause (IV)(aa), by inserting ``, based
on counts conducted by schools of identified students
beginning on or after April 1 of that school year,''
after ``clause (viii)''.
SEC. 30805. ENHANCING DIRECT CERTIFICATION.
Section 9(b)(15)(B)(ii)(III) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(15)(B)(ii)(III)) is amended by
striking ``10'' and inserting ``20''.
SEC. 30806. STATE PERFORMANCE ON ENROLLING CHILDREN RECEIVING PROGRAM
BENEFITS FOR FREE SCHOOL MEALS.
Section 4301(b) of the Food, Conservation, and Energy Act of 2008
(42 U.S.C. 1758a(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of a State identified under clause
(ii)(I) of section 9(b)(4)(F) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(b)(4)(F)), a
description of--
``(A) the technical assistance provided to the
State; and
``(B) the progress made by the State in
implementing the measures and meeting the goals
described in items (aa) through (cc) of clause
(iii)(II) of that section.''.
Subtitle I--Protect SNAP
SEC. 30901. SHORT TITLE.
This subtitle may be cited as the ``Protect SNAP Act''.
SEC. 30902. PREVENTING THE CHANGING OF REGULATIONS GOVERNING WAIVERS
UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
No rule, regulation, proposed rule, policy directive, or guideline
may be issued or enforced by the Secretary of Agriculture, by the head
of any entity within the Department of Agriculture (including the Food
and Nutrition Service), or by any other person or entity that--
(1) supersedes subsection (a), (b), (c), (d), (e), or (f)
of section 273.24 of title 7 of the Code of Federal Regulations
as in effect on December 1, 2020; or
(2) modifies the effect or operation of any such subsection
as so in effect.
SEC. 30903. RESTRICTION ON FEDERAL FUNDS.
No Federal funds (including fees) made available for any fiscal
year may be used to finalize, implement, administer, enforce, carry
out, or otherwise give effect to the proposed rule entitled
``Supplemental Nutrition Assistance Program: Requirements for Able
Bodied Adults Without Dependents'' (84 Fed. Reg. 980; February 1,
2019).
Subtitle J--Protections Against Poverty
SEC. 31001. FINDINGS.
Congress finds the following:
(1) According to the Census Bureau, more than 38,000,000
people, including 12,000,000 children, lived in poverty in 2018
based on the Official Poverty Measure.
(2) More than 17,000,000 people lived in deep poverty,
defined as living in a household with a total cash income below
50 percent of its poverty threshold.
(3) Poverty disproportionately impacts communities of
color, with the poverty rate at 20.8 percent for Blacks, 17.6
percent for Hispanics, and 10.1 percent for Asians, versus 8.1
percent for non-Hispanic Whites.
(4) The Official Poverty Measure often understates the
number of people who have trouble making ends meet.
(5) According to a 2020 Federal Reserve report on the
economic well-being of United States households, an estimated
37 percent of people cannot cover an unexpected $400 expense.
(6) The top one percent of United States households have
experienced income growth before taxes and transfer payments
nearly seven times faster than the bottom 20 percent of
households since 1979.
(7) Wealth has become even more concentrated than income.
(8) According to the Federal Reserve Bank of St. Louis, the
top 10 percent of United States households ranked by wealth own
77 percent of the country's total wealth while those in the
bottom 50 percent own one percent.
(9) A full-time, full-year minimum wage worker at the
Federal minimum wage level of $7.25 lives below the poverty
line.
(10) A vast majority of low wage earners lack access to
paid family leave, leaving them just one accident or illness
away from economic devastation.
(11) Unions increase workers' wages, ensure access to
better benefits, address wage inequality, and reduce poverty.
(12) 5,140,000 Americans aged 65 and older lived in poverty
in 2018.
(13) According to the United States Census Bureau,
27,500,000 people did not have health insurance at any point in
2018.
(14) According to the Federal Reserve, 25 percent of adults
reported skipping medical care, such as a visit to a doctor or
dentist, because they were unable to afford the cost in 2019.
(15) Minority and low-income individuals are
disproportionately affected by air pollution and are more
likely to face health conditions that put them at greater risk
when exposed to hazardous air pollution.
(16) Families living in poverty also struggle to afford
childcare, housing, utilities, and food expenses.
(17) According to the United States Census Bureau,
households with incomes less than the Federal poverty level who
pay for childcare spend on average four times the percentage of
their income on it as do other families.
(18) In 2017, 83 percent of renter households with incomes
below $15,000 paid more than 30 percent of their total
household income for housing, experiencing housing costs
burdens, and 72 percent paid more than 50 percent of their
income for housing, experiencing severe cost burdens.
(19) Water and wastewater bills are increasingly
unaffordable for millions of households nationwide.
(20) According to the Energy Information Administration,
nearly one-third of United States households reported facing a
challenge in paying energy bills or sustaining adequate heating
and cooling in their homes in 2015.
(21) More than 20,000,000 Americans lack access to any
broadband whatsoever and many more are unable to adopt
broadband, primarily due to prohibitive costs.
(22) Limited access to technology and broadband services
makes it difficult for people to apply for jobs online, connect
with health insurance, apply for financial aid, telework, or
complete online homework.
(23) According to the Department of Agriculture, 37,200,000
people, including 11,200,000 children, lived in food-insecure
households in 2018.
(24) 5,600,000 households had very low food security,
defined as households in which the food intake of one or more
members was reduced and eating patterns disrupted because of
insufficient money and other resources for food.
(25) According to a 2009 Department of Agriculture report
on access to affordable and nutritious food, millions of people
live in food deserts, or areas where they are more than a mile
from a supermarket.
(26) Reliable and affordable public transportation is
critical to accessing employment, food, health care, and
education.
(27) The educational level attained by individuals has a
dramatic impact on poverty, with 25.9 percent of adults over 25
years old without a high school diploma in poverty versus 12.7
percent for those with a high school degree, but no college,
and 4.4 percent for those with a college degree.
(28) According to the Government Accountability Office,
socioeconomic and racial segregation in schools has increased
dramatically in the past decade.
(29) Low-income individuals are more likely to be targeted
by child welfare services and the criminal justice system and
live in communities with high rates of violence and heavy
police presence.
(30) Low-income parents have their children removed from
the household every day, because living in poverty is
incorrectly treated as child neglect.
(31) The criminal justice system often punishes poverty, as
court fees and fines disproportionately impact the poor.
(32) Police are most likely to use deadly force in low-
income, more highly segregated neighborhoods.
(33) Low-income communities often have limited social
capital and political voice.
(34) Strict voter ID requirements, closures of polling
places, limited access to alternatives to in-person voting and
other voter suppression tactics disproportionately impact poor
and minority Americans.
(35) The effects of poverty are widespread, long-lasting,
and dangerous, and leave families vulnerable to unexpected
events.
(36) Adults who were poor during childhood are more likely
to experience poverty as adults, are less likely to graduate
high school, and are less likely to be consistently employed as
young adults.
(37) Lower incomes are associated with shorter life
expectancies.
(38) The COVID-19 pandemic threatens to increase health,
food, housing, and economic insecurity and push millions of
people into poverty.
(39) Low-income and minority communities have long
experienced inadequate access to health care, housing,
nutritious food, and education and economic opportunity, which
increase the prevalence of COVID-19 risk factors, such as
diabetes, asthma, heart disease, and high blood pressure.
(40) The COVID-19 pandemic has exposed and exacerbated the
inequality and poverty afflicting the United States, as well as
underlined the shortcomings of its social safety net programs.
SEC. 31002. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that the Congress
should enact the Poverty Bill of Rights to reaffirm the right of all
Americans to live a life free from poverty and its impacts, including
the right to--
(1) equal opportunity, irrespective of race, gender, or
socioeconomic status;
(2) working family tax credits, such as the Child Tax
Credit and the Earned Income Tax Credit, that are proven to
lift families out of poverty, free from onerous eligibility
requirements;
(3) a livable wage that is enough to ensure adequate
housing, food, clothing, and other basic household needs;
(4) robust paid leave programs so they can care for
themselves, their families, and dependents without fear of
financial devastation;
(5) emergency financial assistance in times of
unemployment;
(6) unionize to negotiate for higher wages, better
benefits, and safe working conditions;
(7) financial security for themselves and their families
during retirement years;
(8) quality, affordable health care and prescription drugs;
(9) clean air through robust environmental and public
health policies;
(10) high-quality, affordable, and reliable childcare;
(11) accessible, affordable, safe housing;
(12) safe, clean, and affordable water and wastewater
services;
(13) affordable, reliable energy service;
(14) equitable access to technology and telephone and
broadband services;
(15) adequate access to affordable and nutritious foods;
(16) reliable, efficient, and affordable public
transportation;
(17) high-quality, equitable PreK-12 public education;
(18) safe public schools that promote racial and
socioeconomic diversity;
(19) access to affordable higher education, registered
apprenticeships, and other vocational training opportunities;
(20) live with their families and not be separated from
each other on the basis of poverty;
(21) safe neighborhoods, where they are protected by law
enforcement, not targeted, profiled, harassed, and brutalized;
(22) equal treatment in criminal justice settings, free
from discrimination; and
(23) equal representation and participation in democracy
through unfettered, unabridged access to the ballot box,
accessible polling places, and alternatives to traditional in-
person voting, such as early voting and voting by mail.
Subtitle K--LIFT (Livable Incomes for Families Today) the Middle Class
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the ``LIFT (Livable Incomes for
Families Today) the Middle Class Act''.
SEC. 31102. ESTABLISHMENT OF MIDDLE CLASS TAX 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 36 the following new section:
``SEC. 36A. MIDDLE CLASS TAX CREDIT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
for any taxable year beginning after December 31, 2018, there
shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to so much of the
taxpayer's earned income for the preceding taxable year as does
not exceed $3,000.
``(2) Phaseout of credit.--The amount of the credit
allowable to the taxpayer under paragraph (1) for the taxable
year shall be reduced (but not below zero) by an amount which
bears the same ratio to the amount of the credit determined
under such paragraph as--
``(A) the amount (not less than zero) equal to the
adjusted gross income (or, if greater, the earned
income) of the taxpayer for the preceding taxable year
minus $30,000, bears to
``(B) $20,000.
``(3) Joint returns.--
``(A) In general.--For purposes of determining the
amount of the credit allowed under this section for any
taxable year, if a joint return was filed for the
preceding taxable year by an eligible individual and
such individual's spouse, each of the dollar amounts
under paragraphs (1) and (2) shall be doubled.
``(B) Married individuals.--For purposes of
determining the amount of the credit allowed under this
section for any taxable year, if an individual was
married during the preceding taxable year (within the
meaning of section 7703), this section shall apply only
if a joint return was filed for the preceding taxable
year under section 6013.
``(4) Head of household.--For purposes of determining the
amount of the credit allowed under this section for any taxable
year, if a taxpayer filed a return as a head of household for
the preceding taxable year, the reduction of the credit
allowable to the taxpayer under paragraph (1) shall be
determined under paragraph (2) by substituting `$60,000' for
`$30,000' in subparagraph (A) thereof.
``(5) Inflation adjustments.--
``(A) In general.--In the case of any taxable year
after 2019, each of the dollar amounts under paragraphs
(1), (2), and (4) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2018'
for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $50, such
increase shall be rounded to the nearest multiple of
$50.
``(b) Definitions.--For purposes of determining the credit allowed
under this section for any taxable year--
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual'
means an individual--
``(i) who attained 18 years of age before
the close of the preceding taxable year,
``(ii) whose principal place of abode was
in the United States for more than one-half of
the preceding taxable year,
``(iii) who was not a dependent for whom a
deduction is allowable under section 151 to
another taxpayer for any taxable year beginning
in the same calendar year as the preceding
taxable year, and
``(iv) who did not claim the benefits of
section 911 for the preceding taxable year.
``(B) Limitation on eligibility of nonresident
aliens.--The term `eligible individual' shall not
include any individual who is a nonresident alien
individual for any portion of the preceding taxable
year, unless such individual is treated for such
taxable year as a resident of the United States for
purposes of this chapter by reason of an election under
subsection (g) or (h) of section 6013.
``(C) Identification number requirement.--No credit
shall be allowed under this section to an eligible
individual who does not include on the return of tax
for the taxable year--
``(i) such individual's taxpayer
identification number, and
``(ii) if the individual was married during
the preceding taxable year (within the meaning
of section 7703), the taxpayer identification
number of such individual's spouse.
``(D) Treatment of military personnel stationed
outside of the united states.--For purposes of
subparagraph (A)(ii), the principal place of abode of a
member of the Armed Forces of the United States shall
be treated as in the United States during any period
during which such member is stationed outside the
United States while serving on extended active duty
with the Armed Forces of the United States. For
purposes of the preceding sentence, the term `extended
active duty' means any period of active duty pursuant
to a call or order to such duty for a period in excess
of 90 days or for an indefinite period.
``(2) Earned income.--The term `earned income' has the same
meaning given such term under section 32(c)(2), except that
such term shall include any amounts received by the taxpayer as
a Federal Pell Grant under section 401 of the Higher Education
Act of 1965.
``(c) Taxable Year Must Be Full Taxable Year.--Except in the case
of a taxable year closed by reason of the death of the taxpayer, no
credit shall be allowable under this section in the case of a taxable
year covering a period of less than 12 months.
``(d) Restrictions on Taxpayer Who Improperly Claimed Credit in
Prior Year.--Rules similar to subsection (k) of section 32 shall apply
for purposes of this section.
``(e) Amount of Credit To Be Determined Under Tables.--
``(1) In general.--The amount of the credit allowed by this
section shall be determined under tables prescribed by the
Secretary.
``(2) Requirements for tables.--The tables prescribed under
paragraph (1) shall reflect the provisions of subsection (a)
and shall have income brackets of not greater than $50 each--
``(A) for earned income between $0 and the amount
of earned income at which the credit is phased out
under subsection (a)(2), and
``(B) for adjusted gross income between the dollar
amount at which the phaseout begins under subsection
(a)(2) and the amount of adjusted gross income at which
the credit is phased out under such subsection.
``(f) Reconciliation of Credit and Advance Payments.--The amount of
the credit allowed under this section for any taxable year shall be
reduced (but not below zero) by the aggregate amount of any advance
payments of such credit under section 7527A for such taxable year.''.
(b) Advance Payment of Middle Class Tax Credit.--
(1) In general.--Chapter 77 of the Internal Revenue Code of
1986 is amended by inserting after section 7527 the following
new section:
``SEC. 7527A. ADVANCE PAYMENT OF MIDDLE CLASS TAX CREDIT.
``(a) In General.--Not later than 6 months after the date of the
enactment of the LIFT (Livable Incomes for Families Today) the Middle
Class Act, the Secretary shall establish a program for making advance
payments of the credit allowed under section 36A on a monthly basis
(determined without regard to subsection (f) of such section) to any
taxpayer who--
``(1) the Secretary has determined will be allowed such
credit for the taxable year, and
``(2) has made an election under subsection (c).
``(b) Amount of Advance Payment.--
``(1) In general.--For purposes of subsection (a), the
amount of the monthly advance payment of the credit provided to
a taxpayer during the applicable period shall be equal to the
lesser of--
``(A) an amount equal to--
``(i) the amount of the credit which the
Secretary has determined will be allowed to
such taxpayer under section 36A for the taxable
year ending in such applicable period, divided
by
``(ii) 12, or
``(B) such other amount as is elected by the
taxpayer.
``(2) Applicable period.--For purposes of this section, the
term `applicable period' means the 12-month period from the
month of July of the taxable year through the month of June of
the subsequent taxable year.
``(c) Election of Advance Payment.--A taxpayer may elect to receive
an advance payment of the credit allowed under section 36A for any
taxable year by including such election on a timely filed return for
the preceding taxable year.
``(d) Internal Revenue Service Notification.--The Internal Revenue
Service shall take such steps as may be appropriate to ensure that
taxpayers who are eligible to receive the credit under section 36A are
aware of the availability of the advance payment of such credit under
this section.
``(e) Authority.--The Secretary may prescribe such regulations or
other guidance as may be appropriate or necessary for the purposes of
carrying out this section.''.
(c) Income Disregard.--Any credit or refund allowed or made to any
individual by reason of section 36A of the Internal Revenue Code of
1986 (as added by this section) shall not be taken into account as
income and shall not be taken into account as resources for purposes of
determining the eligibility of such individual or any other individual
for benefits or assistance, or the amount or extent of benefits or
assistance, under any Federal program or under any State or local
program financed in whole or in part with Federal funds.
(d) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of the Internal Revenue Code of
1986 is amended by inserting ``36A,'' after ``36,''.
(2) Section 6213(g)(2) of such Code is amended--
(A) in subparagraph (F), by inserting ``or section
36A'' after ``credit)'';
(B) in subparagraph (G), by inserting ``or 36A''
after ``section 32'';
(C) by striking subparagraph (K) and inserting the
following:
``(K) an omission of information required by
section 32(k)(2) or 36(e) or an entry on the return
claiming--
``(i) the credit under section 32 for a
taxable year for which the credit is disallowed
under subsection (k)(1) thereof, or
``(ii) the credit under section 36A for a
taxable year for which the credit is disallowed
under subsection (d) thereof,''; and
(D) in subparagraph (L), by striking ``or 32'' and
inserting ``32, or 36A''.
(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 36 the following new item:
``Sec. 36A. Middle class tax credit.''.
(4) The table of sections for chapter 77 of such Code is
amended by inserting after the item relating to section 7527
the following:
``Sec. 7527A. Advance payment of middle class tax credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to earned income received after December 31, 2017.
SEC. 31103. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by inserting after section 7526 the following new section:
``SEC. 7526A. RETURN PREPARATION PROGRAMS FOR LOW-INCOME TAXPAYERS.
``(a) Volunteer Income Tax Assistance Matching Grant Program.--
``(1) Establishment of program.--The Secretary, through the
Internal Revenue Service, shall establish a Community Volunteer
Income Tax Assistance Matching Grant Program (hereinafter in
this section referred to as the `VITA grant program'). Except
as otherwise provided in this section, the VITA grant program
shall be administered in a manner which is substantially
similar to the Community Volunteer Income Tax Assistance
matching grants demonstration program established under title I
of division D of the Consolidated Appropriations Act, 2008.
``(2) Matching grants.--
``(A) In general.--The Secretary may, subject to
the availability of appropriated funds, make available
grants under the VITA grant program to provide matching
funds for the development, expansion, or continuation
of qualified return preparation programs assisting low-
income taxpayers and members of underserved
populations.
``(B) Application.--
``(i) In general.--Subject to clause (ii),
in order to be eligible for a grant under this
section, a qualified return preparation program
shall submit an application to the Secretary at
such time, in such manner, and containing such
information as the Secretary may reasonably
require.
``(ii) Accuracy review.--In the case of any
qualified return preparation program which was
awarded a grant under this section and was
subsequently subject to a field site visit by
the Internal Revenue Service (including through
the Stakeholder Partnerships, Education, and
Communication office) in which it was
determined that the average accuracy rate for
preparation of tax returns through such program
was less than 90 percent, such program shall
not be eligible for any additional grants under
this section unless such program provides, as
part of their application, sufficient
documentation regarding the corrective measures
established by such program to address the
deficiencies identified following the field
site visit.
``(C) Priority.--In awarding grants under this
section, the Secretary shall give priority to
applications--
``(i) demonstrating assistance to low-
income taxpayers, with emphasis on outreach to
and services for such taxpayers,
``(ii) demonstrating taxpayer outreach and
educational activities relating to eligibility
and availability of income supports available
through the Internal Revenue Code of 1986, such
as the earned income tax credit, and
``(iii) demonstrating specific outreach and
focus on one or more underserved populations.
``(D) Duration of grants.--Upon application of a
qualified return preparation program, the Secretary is
authorized to award a multi-year grant not to exceed 3
years.
``(3) Aggregate limitation.--Unless otherwise provided by
specific appropriation, the Secretary shall not allocate more
than $30,000,000 per fiscal year (exclusive of costs of
administering the program) to carry out the purposes of this
section.
``(b) Use of Funds.--
``(1) In general.--Qualified return preparation programs
receiving a grant under this section may use the grant for--
``(A) ordinary and necessary costs associated with
program operation in accordance with Cost Principles
Circulars as set forth by the Office of Management and
Budget, including--
``(i) for wages or salaries of persons
coordinating the activities of the program,
``(ii) to develop training materials,
conduct training, and perform quality reviews
of the returns for which assistance has been
provided under the program, and
``(iii) for equipment purchases and
vehicle-related expenses associated with remote
or rural tax preparation services,
``(B) outreach and educational activities described
in subsection (a)(2)(C)(ii), and
``(C) services related to financial education and
capability, asset development, and the establishment of
savings accounts in connection with tax return
preparation.
``(2) Use of grants for overhead expenses prohibited.--No
grant made under this section may be used for overhead expenses
that are not directly related to any qualified return
preparation program.
``(c) Promotion and Referral.--
``(1) Promotion.--The Secretary shall promote the benefits
of, and encourage the use of, tax preparation through qualified
return preparation programs through the use of mass
communications, referrals, and other means.
``(2) Internal revenue service referrals.--The Secretary
may refer taxpayers to qualified return preparation programs
receiving funding under this section.
``(3) VITA grantee referral.--Qualified return preparation
programs receiving a grant under this section are encouraged to
refer, as appropriate, to local or regional Low Income Taxpayer
Clinics individuals who are eligible to receive services at
such clinics.
``(d) Definitions.--For purposes of this section--
``(1) Qualified return preparation program.--The term
`qualified return preparation program' means any program--
``(A) which provides assistance to individuals, not
less than 90 percent of whom are low-income taxpayers,
in preparing and filing Federal income tax returns,
``(B) which is administered by a qualified entity,
``(C) in which all of the volunteers who assist in
the preparation of Federal income tax returns meet the
training requirements prescribed by the Secretary, and
``(D) which uses a quality review process which
reviews 100 percent of all returns.
``(2) Qualified entity.--
``(A) In general.--The term `qualified entity'
means any entity which--
``(i) is an eligible organization (as
described in subparagraph (B)),
``(ii) is in compliance with Federal tax
filing and payment requirements,
``(iii) is not debarred or suspended from
Federal contracts, grants, or cooperative
agreements, and
``(iv) agrees to provide documentation to
substantiate any matching funds provided under
the VITA grant program.
``(B) Eligible organization.--
``(i) In general.--Subject to clause (ii),
the term `eligible organization' means--
``(I) an institution of higher
education which is described in section
102 (other than subsection (a)(1)(C)
thereof) of the Higher Education Act of
1965 (20 U.S.C. 1088), as in effect on
the date of the enactment of this
section, and which has not been
disqualified from participating in a
program under title IV of such Act,
``(II) an organization described in
section 501(c) of the Internal Revenue
Code of 1986 and exempt from tax under
section 501(a) of such Code,
``(III) a local government agency,
including--
``(aa) a county or
municipal government agency,
and
``(bb) an Indian tribe, as
defined in section 4(13) of the
Native American Housing
Assistance and Self-
Determination Act of 1996 (25
U.S.C. 4103(13)), including any
tribally designated housing
entity (as defined in section
4(22) of such Act (25 U.S.C.
4103(22))), tribal subsidiary,
subdivision, or other wholly
owned tribal entity, or
``(IV) a local, State, regional, or
national coalition (with one lead
organization which meets the
eligibility requirements of subclause
(I), (II), or (III) acting as the
applicant organization).
``(ii) Alternative eligible organization.--
If no eligible organization described in clause
(i) is available to assist the targeted
population or community, the term `eligible
organization' shall include--
``(I) a State government agency,
and
``(II) a Cooperative Extension
Service office.
``(3) Low-income taxpayers.--The term `low-income taxpayer'
means a taxpayer who has income for the taxable year which does
not exceed an amount equal to the completed phaseout amount
under section 32(b) for a married couple filing a joint return
with three or more qualifying children, as determined in a
revenue procedure or other published guidance.
``(4) Underserved population.--The term `underserved
population' includes populations of persons with disabilities,
persons with limited English proficiency, Native Americans,
individuals living in rural areas, members of the Armed Forces
and their spouses, and the elderly.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to section 7526 the following new item:
``7526A. Return preparation programs for low-income taxpayers.''.
SEC. 31104. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that the costs of
carrying out this section and the amendments made by this subtitle
should be fully offset through--
(1) the repeal of Public Law 115-97, with the exception of
any provisions or amendments under such Public Law that provide
relief to taxpayers with less than $100,000 in annual income;
and
(2) a fee, in such amount as is determined appropriate by
the Secretary of the Treasury for purposes of offsetting the
costs of carrying out this subtitle and the amendments made by
this subtitle, to be assessed on any financial institution that
has total consolidated assets of more than $50,000,000,000.
Subtitle L--Financial Inclusion in Banking
SEC. 31201. SHORT TITLE.
This subtitle may be cited as the ``Financial Inclusion in Banking
Act of 2020''.
SEC. 31202. OFFICE OF COMMUNITY AFFAIRS DUTIES WITH RESPECT TO UNDER-
BANKED, UN-BANKED, AND UNDERSERVED CONSUMERS.
Section 1013(b)(2) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5493(b)(2)) is amended--
(1) by striking ``The Director shall establish a unit'' and
inserting the following:
``(A) In general.--The Director shall establish a
unit to be known as the `Office of Community
Affairs'''; and
(2) by adding at the end the following:
``(B) Duties related to under-banked, un-banked,
and underserved consumers.--
``(i) In general.--The Office of Community
Affairs shall--
``(I) lead coordination of research
to identify any causes and challenges
contributing to the decision of
individuals who, and households that,
do not initiate or maintain on-going
and sustainable relationships with
depository institutions, including
consulting with trade associations
representing depository institutions,
trade associations representing
minority depository institutions,
organizations representing the
interests of traditionally underserved
consumers and communities,
organizations representing the
interests of consumers (particularly
low- and moderate-income individuals),
civil rights groups, community groups,
consumer advocates, and the Consumer
Advisory Board about this matter;
``(II) identify subject matter
experts within the Bureau to work on
the issues identified under subclause
(I);
``(III) lead coordination efforts
between other Federal departments and
agencies to better assess the reasons
for the lack of, and help increase the
participation of, under-banked, un-
banked, and underserved consumers in
the banking system; and
``(IV) identify and develop
strategies to increase financial
education to under-banked, un-banked,
and underserved consumers.
``(ii) Coordination with other bureau
offices.--In carrying out this paragraph, the
Office of Community Affairs shall consult with
and coordinate with the research unit
established under subsection (b)(1) and such
other offices of the Bureau as the Director may
determine appropriate.
``(iii) Reporting.--
``(I) In general.--The Office of
Community Affairs shall submit a report
to Congress, within two years of the
date of enactment of this subparagraph
and every 2 years thereafter, that
identifies any factors impeding the
ability of, or limiting the option for,
individuals or households to have
access to fair, on-going, and
sustainable relationships with
depository institutions to meet their
financial needs, discusses any
regulatory, legal, or structural
barriers to enhancing participation of
under-banked, un-banked, and
underserved consumers with depository
institutions, and contains
recommendations to promote better
participation for all consumers with
the banking system.
``(II) Timing of report.--To the
extent possible, the Office shall
submit each report required under
subclause (I) during a year in which
the Federal Deposit Insurance
Corporation does not issue the report
on encouraging use of depository
institutions by the unbanked required
under section 49 of the Federal Deposit
Insurance Act.''.
SEC. 31203. DISCRETIONARY SURPLUS FUNDS.
(a) In General.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is
reduced by $10,000,000.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on September 30, 2021.
SEC. 31204. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
Subtitle M--Investing in State Energy
SEC. 31301. SHORT TITLE.
This subtitle may be cited as the ``Investing in State Energy
Act''.
SEC. 31302. TIMING FOR DISTRIBUTION OF CERTAIN FINANCIAL ASSISTANCE
UNDER THE STATE ENERGY PROGRAM AND THE WEATHERIZATION
ASSISTANCE PROGRAM.
(a) Timing for Distribution of Financial Assistance Under the
Weatherization Assistance Program.--Section 417(d) of the Energy
Conservation and Production Act (42 U.S.C. 6867(d)) is amended--
(1) by striking ``(d) Payments'' and inserting the
following:
``(d) Method and Timing of Payments.--
``(1) In general.--Subject to paragraph (2), any
payments''; and
(2) by adding at the end the following:
``(2) Timing.--Notwithstanding any other provision of law
(including regulations), not later than 60 days after the date
on which funds have been made available to provide assistance
under this part, the Secretary shall distribute to the
applicable recipient the full amount of assistance to be
provided to the recipient under this part for the fiscal
year.''.
(b) Timing for Distribution of Financial Assistance Under the State
Energy Program.--Section 363 of the Energy Policy and Conservation Act
(42 U.S.C. 6323) is amended by adding at the end the following:
``(g) Timing for Distribution of Financial Assistance.--
Notwithstanding any other provision of law (including regulations), not
later than 60 days after the date on which funds have been made
available to provide financial assistance under this section, the
Secretary shall distribute to the applicable State the full amount of
assistance to be provided to the State under this section for the
fiscal year.''.
Subtitle N--Pathways Out of Poverty
SEC. 31401. FINDINGS.
Congress finds the following:
(1) The persistence of poverty, and especially
intergenerational poverty, in America can be seen as a deep,
structural problem that implicates our value system and our
educational and economic institutions.
(2) Poverty may be defined as the lack of basic necessities
of life such as food, shelter, clothing, health care,
education, economic security, and economic opportunity.
(3) Policy initiatives and many safety net programs
addressing poverty have not kept pace with the needs of
millions of Americans.
(4) The lack of an equitable distribution of housing
choices across the country leads to isolation and concentrated
poverty.
(5) The number of Americans living in poverty rose by over
2.6 million from 2009 to 2010 (U.S. Census Bureau, September
2011).
(6) There were 46.2 million Americans living in poverty in
2010, consisting of 15.1 percent of the American people (U.S.
Census Bureau, September 2011).
(7) Poverty has a disproportionate impact on minority
communities in America with 27.4 percent of African Americans,
26.6 percent of Hispanics, 12.1 percent of Asian Americans, and
9.9 percent of Whites living in poverty in the United States in
2010 (U.S. Census Bureau, September 2011).
(8) In 2010 a family of 4 was considered poor under the
U.S. Census Bureau's official measure if the family's income
was below $22,314.
(9) The economic consequences of poverty in the United
States are estimated to be at least $500 billion per year
(Center for American Progress, 2007).
(10) Children who grow up in poverty experience higher
crime rates, decreased productivity, and higher health costs
over their lives (Center for American Progress, 2007).
(11) 3,500,000 seniors lived in poverty in 2010 (U.S.
Census Bureau, 2011).
(12) Young Americans, ages 18-24, experience a higher
poverty rate than the national average (U.S. Census Bureau,
2011).
(13) 16,400,000 children lived in poverty in 2010--more
than one in every five American children (U.S. Census Bureau,
2011).
(14) Almost 35 percent of African-American children and
over 30 percent of Hispanic children lived in poverty in 2009
(U.S. Census Bureau, 2011).
(15) The 46,180,000 of Americans in poverty in 2010 was the
largest number yet recorded in the 52 years for which poverty
estimates are available (U.S. Census Bureau, 2011).
(16) The United States overseas territories have high
levels of poverty and varying access to Federal anti-poverty
programs. Poverty rates in 2009 for people over 18 were 41.4
percent in Puerto Rico, 53.7 percent in Guam, 65.1 percent in
the United States Virgin Islands, 66.6 percent in the
Commonwealth of the Northern Mariana Islands, and 52.6 percent
in American Samoa.
(17) Individuals and families in poverty are more socially
vulnerable to natural disasters, extreme weather and impacts of
climate change and have greater difficulty preparing for,
responding to and recovering from such events (Oxfam America,
2009).
(18) Children who live in families who fall into poverty
for even short periods of time are at greater risk of a
lifetime of lower earnings, lower educational attainment, and
increased reliance on public services and increased rates of
incarceration (First Focus, 2008).
(19) It is estimated that the additional 3 million children
who were forced into poverty due to the recession of 2008,
resulted in $35 billion in economic losses annually, and will
cause at least $1.7 trillion in economic losses to the United
States during their lifetimes (First Focus, 2008).
(20) Reducing poverty, especially child poverty, not only
reduces costs for Federal, State, and local social services and
benefits programs, but also increases tax revenue at all levels
of government (Children's Defense Fund, 2009).
(21) The House of Representatives, on January 22, 2008, has
resolved that it is the sense of Congress that the United
States should set a national goal of cutting poverty in half
over the next 10 years.
SEC. 31402. DEFINITIONS.
In this subtitle:
(1) Federal agency.--The term ``Federal agency'' means any
executive department, Government corporation, Government-
controlled corporation, or other establishment in the executive
branch of the Government (including the Executive Office of the
President), or any independent regulatory agency.
(2) Poverty.--The term ``poverty'' means an income level
and living standard associated with and based on the official
poverty measure as established and updated by the U.S. Census
Bureau which establishes a threshold of minimum income
necessary to achieve a standard of living free from deprivation
of basic needs.
(3) Extreme poverty.--The term ``extreme poverty'' means
having an income level or living standard at a level of extreme
deprivation based on living with income below 50 percent of the
Federal poverty line as established by the U.S. Census.
(4) Near poverty.--The term ``near poverty'' means having a
level of household income below 200 percent of the Federal
poverty line.
(5) Child poverty.--The term ``child poverty'' means
poverty which impacts those persons under 18 years of age.
(6) Deprivation.--The term ``deprivation'' means lacking
some or all basic human needs.
(7) Decent living standard.--The term ``decent living
standard'' means the amount of annual income that would allow
an individual to live beyond deprivation at a safe and decent,
but modest, standard of living.
(8) Alternative poverty measures.--The term ``alternative
poverty measures'' means measures and indicators, other than
the traditional income based measure of poverty, which can
provide a more detailed picture of the low-income and poverty
stricken populations, such as the number of people who were
kept above poverty by Government supports, the number of people
who are poor due to medical expenses, child care, and work
expenses, the rates of food insecurity, the number of people
who are asset poor (with less than three months of income
saved), the number of disconnected youth, teen birth rates,
participation rates in Federal anti-poverty programs for all
eligible populations, and the number of people who are
unbanked.
(9) Regional costs of living.--The term ``regional costs of
living'' means a measure of the differing costs of maintaining
a given living standard in varying regional, geographic, urban
or rural regions.
(10) Economic insecurity.--The term ``economic insecurity''
means the inability of individuals and households to cope with
routine adverse or costly life events and the lack of means to
maintain a decent standard of living and to recover from the
costly consequences of those events.
(11) Economic stability.--The term ``economic stability''
means individuals and households have access to the means and
support systems necessary to effectively cope with adverse or
costly life events and have the ability to effectively recover
from the consequences of those events while maintaining their
standard of living or maintaining a decent standard of living.
(12) Digital divide.--The term ``digital divide'' means the
gap between individuals, households, businesses and geographic
areas at different socio-economic levels with regard to both
their access information and communications technologies and
including the imbalance both in physical access to technology
and the resources, education and skills needed to effectively
use computer technology and the Internet for a wide variety of
activities.
(13) Outcomes.--The term ``outcomes'' means change in the
economic status, economic instability or economic security of
an individual, household or other population which is
attributable to a planned intervention, benefit, or service or
series of interventions, benefits, and services, regardless of
whether such an intervention was intended to change such
economic status.
(14) Disparate impact.--The term ``disparate impact''
refers to the historic and ongoing impacts of the pattern and
practice of discrimination in employment, education, housing,
banking and nearly every other aspect of American life in the
economy, society or culture that have an adverse impact on
minorities, women, or other protected groups, regardless of
whether such practices were motivated by discriminatory intent.
SEC. 31403. ESTABLISHMENT OF THE FEDERAL INTERAGENCY WORKING GROUP ON
REDUCING POVERTY.
(a) Establishment of Federal Interagency Working Group on Reducing
Poverty.--There is established within the Department of Health and
Human Services, a Federal Interagency Working Group on Reducing
Poverty, which shall be chaired by the Secretary of Health and Human
Services, and whose members shall be selected by their respective
agency heads from the senior ranks of their agencies, which shall--
(1) develop, within 180 days of enactment, a National
Strategy to reduce the number of persons living in poverty in
America in half within 10 years of the release of the 2012
Census report on Income, Poverty and Health Insurance Coverage
in the United States: 2011, that includes goals and objectives
relating to--
(A) reducing in half the number of Americans living
in poverty as reported by the 2012 Census report on
Income, Poverty and Health Insurance Coverage in the
United States: 2011;
(B) eliminating child poverty in America;
(C) eliminating extreme poverty in America;
(D) improving the effectiveness and outcomes of
poverty-related programs by improving our understanding
of the root causes of poverty, the social, economic,
and the cultural contributors to persistent
intergenerational poverty;
(E) improving the measure of poverty to include
more indicators and measures that can meaningfully
account for other aspects relating to the measure of
poverty, such as regional differences in costs of
living, the impact of rising income inequality, the
impact of the persistent ``digital divide'', expanding
the understanding of poverty by distinguishing a
standard that measures a level of freedom from
deprivation versus a standard that measures a standard
of economic adequacy provided by a living wage and
access to a decent living standard, and the impact of
poverty on other measures of economic stability and
economic outcomes, such as educational attainment,
rates of incarceration, lifetime earnings, access to
health care, health care outcomes, access to housing,
and including other measures as necessary to improve
our understanding of why poverty persists in America;
(F) eliminating the disparate rates of poverty
based on race, ethnicity, gender, age, or sexual
orientation and identity, especially among children in
those households so impacted;
(G) measuring effectiveness of poverty related
programs on the basis of long-term outcomes, including
the long-term savings and value of preventive practice
and policy, and employing fact-based measures of
programs to make improvements;
(H) improving the accessibility of benefit and
social services programs, reducing the complexity and
difficulty of enrollment, and improving the rates of
enrollment in need based programs for all eligible
recipients to maximize the impact of benefits and
social services programs on reducing the impacts of
poverty and improving economic outcomes;
(I) making more uniform eligibility requirements to
improve the coordination of service delivery, reduce
gaps in eligibility, and improve outcomes of programs
addressing poverty in the Federal Government;
(J) reducing the negative impacts of asset limits
for eligibility which impact Federal, State and local
poverty programs on the effectiveness of programs where
limited eligibility creates gaps in necessary service
and benefit delivery, and restricts access to benefits
as individuals and families attempt to transition off
of assistance programs and which can prevent needy
beneficiaries from improving long-term outcomes and
achieving long-term economic independence from need-
based programs;
(K) identifying Federal programs, including those
related to disaster relief, hazard mitigation, extreme
weather and climate change, and necessary reforms to
better target resources towards disproportionately
impacted socially vulnerable, low-income and
disadvantaged communities may provide greater socio-
economic benefits;
(L) improving the ability of community-based
organizations to participate in the development,
oversight and implementation of Federal poverty-related
programs;
(M) improving access to good jobs with adequate
wages and benefits by individuals living in poverty,
low-income households, and the unemployed;
(N) expanding and stabilizing poor and low-income
persons connection to work and access to critical job
training and/or skills upgrade training that will lead
to re-entry in the workforce;
(O) developing a comprehensive strategy to connect
low-income young people and to re-connect currently
disconnected youth to education, work, and their
community; and
(P) shifting the focus of poverty and means-tested
programs across the Federal Government beyond the
relief of deprivation and instead setting goals,
measures, and outcomes more focused on measuring the
success of programs in supporting and improving how
capable individuals and families can access educational
and economic opportunities to successfully transition
away from accessing public assistance and benefits and
achieving long-term economic stability which will
reduce long-term costs in domestic social needs
programs, reduce long-term health care costs due to the
improved health of formerly poverty stricken
households, increase the number of taxpaying
individuals which will increase revenue, and lower the
enrollment and costs in need based benefits and
services programs, thus improving the economy and
reducing long-term deficits for Federal, State, and
local governments;
(2) oversee, coordinate, and integrate all policies and
activities of the Federal Government, in coordination and
consultation with the Domestic Policy Council and the National
Economic Council, across all agencies relating to reducing the
number of individuals, families, and children living below the
Federal poverty line, in extreme poverty or near poverty and
increasing the number of households able to achieve long-term
economic stability with assets sufficient to maintain a decent
living standard without relying on public-support--
(A) economic, commercial, and programmatic policies
that can effect or relieve the effects of poverty
through job creation, and economic development targeted
to low-income, minority, rural, urban and other
populations who suffer disparate rates of poverty,
among Federal agencies; and
(B) services and benefits including emergency
programs, discretionary economic programs, and other
policies and activities necessary to ensure that the
Federal Government is able to mount effective responses
to economic downturns and increases in the rates of
poverty;
(3) ensure that all relevant Federal agencies comply with
appropriate guidelines, policies, and directives from the
Federal Interagency Working Group on Reducing Poverty and the
Department of Health and Human Services and other Federal
agencies with responsibilities relating to poverty reduction or
improving economic stability and independence;
(4) ensure that Federal agencies, State governments and
relevant congressional committees have access to, receive, and
appropriately disseminate best practices in the administration
of programs, have adequate resources to maximize the public
awareness of programs, increase the reach of those programs,
especially into historically disenfranchised communities,
maximize enrollment for all eligible Americans, share relevant
data, and issue relevant guidance in consultation with
nongovernment organizations and policy experts in the field and
State and local government officials who administer or direct
policy for anti-poverty programs in increasing and maximizing
the enrollment into and administration of programs and services
designed to alleviate poverty;
(5) enact best practices for improved data collection,
relevant to--
(A) reducing poverty;
(B) reducing the racial, ethnic, age, gender, and
sexual orientation or sexual identity based disparities
in the rates of poverty;
(C) adequately measuring the effectiveness,
efficiency and impact of programs on the outcomes for
individuals, families and communities who receive
benefits and services;
(D) streamlining enrollment and eligibility for
programs;
(E) improving long-term outcomes for individuals
who are enrolled in service and benefit programs;
(F) reducing reliance on public programs;
(G) improving connections to work;
(H) improving economic stability;
(I) improving savings and investment, access to
capital, increasing rates of entrepreneurship;
(J) improving our understanding of the impact of
extreme weather and natural disasters on economically
vulnerable communities and improving those communities'
resilience to and recovery from extreme weather and
natural disasters;
(K) improving access to living wage employment; and
(L) improving access to employment-based benefits;
and
(6) study the feasibility of and test different
interagency, State and local, public/private models of
cooperative service and benefit delivery by creating necessary
exemptions, waivers and funding sources to allow improved
cooperation and innovation in the development of programs,
practices, policies and procedures that advance the goal of
reducing poverty and increasing economic opportunity.
(b) Director of National Poverty Policy.--There shall be a Staff
Director of National Poverty Policy, who shall be the head of the
Federal Interagency Working Group on Reducing Poverty.
SEC. 31404. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.
(a) Appointment.--
(1) In general.--The Staff Director shall be appointed by
the Secretary of Housing and Urban Development.
(2) Qualifications.--The Secretary shall appoint the Staff
Director from among individuals who have demonstrated ability
and knowledge in social policy, improving outcome based
management, issues of equity and equal opportunity and access
to services and economic opportunity.
(b) Responsibilities.--The Staff Director shall--
(1) advise the Secretary and all relevant cabinet
secretaries, and agency officials regarding the establishment
of policies, goals, objectives, and priorities for reducing
poverty in America in half in ten years, ending child poverty,
ending extreme poverty and eliminating racial, ethnic, gender,
and sexual identity and orientation based disparities in the
rates of poverty;
(2) advise the Secretary, when directed by the Secretary,
advise relevant cabinet secretaries, heads of independent
Federal agencies and other entities within the Executive Office
of the President regarding mechanisms to improve the
effectiveness, coordination, impact, and outcomes of social
services, benefits, and other poverty reduction and economic
opportunity programs, in collaboration with experts in the
field, nongovernmental organizations, and other governments;
(3) work with Federal agencies to oversee, coordinate, and
integrate the implementation of the National Plan or Strategy,
including consultation with independent nongovernmental policy
experts and service provider groups engaged in serving low-
income persons, children and households, State and local
government officials who administer or direct policy for anti-
poverty programs, and with as many groups that directly
represent low-income people, such as public housing tenants'
associations, or other similar groups; and
(4) resolve any disputes that arise between Federal
agencies relating to the National Plan to reduce poverty in
half in ten years or other matters within the responsibility of
the Office.
SEC. 31405. CONSULTATION.
(a) In General.--The Director may consult and obtain
recommendations from, as needed, such Presidential and other advisory
entities such as consultation with independent nongovernmental policy
experts and service provider groups engaged in serving low-income
persons, children, and households; State and local government officials
who administer or direct policy for anti-poverty programs, and groups
made up of low-income people, such as public housing tenants'
associations, or other similar groups as the Director determines will
assist in carrying out the mission of the Office, including, but not
limited to--
(1) the Administration for Children and Families (ACF);
(2) the Administration on Aging (AoA);
(3) the Department of Agriculture (USDA);
(4) the Bankruptcy Courts;
(5) the Bureau of Consumer Financial Protection;
(6) the Bureau of Economic Analysis (BEA);
(7) the Bureau of Indian Affairs (BIA);
(8) the Bureau of the Census;
(9) the Center for Nutrition Policy and Promotion;
(10) the Centers for Medicare & Medicaid Services (formerly
the Health Care Financing Administration);
(11) the Commission on Civil Rights;
(12) the Office of Community Planning and Development;
(13) the Consumer Financial Protection Bureau;
(14) the Coordinating Council on Juvenile Justice and
Delinquency Prevention;
(15) the Corporation for National and Community Service;
(16) the Council of Economic Advisers;
(17) the Department of Agriculture (USDA);
(18) the Department of Commerce (DOC);
(19) the Department of Defense (DOD);
(20) the Department of Education (ED);
(21) the Department of Health and Human Services (HHS);
(22) the Department of Housing and Urban Development (HUD);
(23) the Department of Justice (DOJ);
(24) the Department of Labor (DOL);
(25) the Department of the Treasury;
(26) the Department of Transportation (DOT);
(27) the Department of Veterans Affairs (VA);
(28) the Disability Employment Policy Office;
(29) the Domestic Policy Council;
(30) the Drug Enforcement Administration (DEA);
(31) the Economic Development Administration;
(32) the Economic Research Service;
(33) the English Language Acquisition Office;
(34) the Equal Employment Opportunity Commission (EEOC);
(35) the Fair Housing and Equal Opportunity;
(36) the Federal Bureau of Prisons;
(37) the Federal Housing Finance Board;
(38) the Federal Labor Relations Authority;
(39) the Federal Trade Commission (FTC);
(40) the Food and Nutrition Service;
(41) the Indian Health Service;
(42) the Interagency Council on Homelessness;
(43) the Internal Revenue Service (IRS);
(44) the Legal Services Corporation;
(45) the National AIDS Policy Office;
(46) the National Credit Union Administration;
(47) the National Economic Council;
(48) the National Institutes of Health (NIH);
(49) the National Labor Relations Board;
(50) the Occupational Safety & Health Administration
(OSHA);
(51) the Office of Management and Budget (OMB);
(52) the Office of Refugee Resettlement;
(53) the Office of Policy Development and Research (Housing
and Urban Development Department);
(54) the Small Business Administration (SBA);
(55) the Social Security Administration (SSA);
(56) the Substance Abuse and Mental Health Services
Administration;
(57) the Veterans' Employment and Training Service; and
(58) the Women's Bureau (Labor Department).
(b) National Strategy.--In developing and updating the National
Strategy the Executive Director shall consult with the Domestic Policy
Council, the National Economic Council, and, as appropriate, hold
regional public hearings around the country to collect information and
feedback from the public on their efforts and experience for the
development and updating of the National Strategy and make this
information available to the public.
SEC. 31406. REPORTS TO CONGRESS AND THE PUBLIC.
(a) In General.--The Chair of the Federal Interagency Working Group
on Reducing Poverty shall submit an annual report to the appropriate
congressional committees describing the activities, ongoing projects,
and plans of the Federal Government designed to meet the goals and
objectives of the National Strategy on Poverty. The report shall
include an accounting of the savings to the Government from any
increased efficiencies in the delivery of services, any savings from
reducing the numbers of Americans living in poverty and reductions in
the demand for need-based services and benefits for which persons
living in and near poverty are eligible, as well as an accounting of
any increase in revenue collections due to the numbers of persons who
become gainfully employed and pay taxes into the Treasury instead of
drawing benefits and services from it.
(b) National Academy of Sciences Workshop.--Within 90 days after
funds are made available to carry out this subtitle, the Secretary of
Health and Human Services shall contract with the National Academy of
Sciences (hereinafter in this subsection referred to as the ``NAS'') to
initiate a workshop series to provide necessary background information
to enable the Working Group on Reducing Poverty to develop and finalize
its plan.
(1) The NAS shall convene a steering committee to organize,
plan, and conduct a public workshop on what is known about the
economic and social costs of poverty, including, but not
limited to the following:
(A) Macroeconomic costs (effects on productivity
and economic output).
(B) Health costs (effects on health expenditures
and health status).
(C) Crime and other social costs.
(D) Direct Federal budget effects (e.g., outlays
for income support and other poverty reduction
programs).
(E) Natural disaster related risks and costs.
(F) The workshop shall also consider poverty
metrics (e.g., income poverty, food insecurity, and
other measures of deprivation), and their role in
assessing the effects of poverty and the performance of
anti-poverty programs.
The NAS shall commission experts to prepare papers that
summarize and critique the relevant literature estimating
monetary and non-monetary economic and social impacts of
poverty. A workshop summary shall be produced that, along with
the papers, shall be available electronically on the NAS
website. This workshop shall be convened within 6 months of
receipt of a contract, the papers posted immediately, and the
summary released by the end of month.
(2) The NAS steering committee shall organize, plan, and
conduct a second public workshop on what is known about the
economic and social costs and benefits of a variety of programs
and strategies to reduce and prevent poverty. It shall take
account of such issues as the following:
(A) Short-term versus long-term effects, including
budget implications.
(B) Effects for different population groups, such
as children, the elderly, immigrants, long-term single-
parent families, displaced older workers, young people
with large loans, people in areas of concentrated
poverty and other social ills (e.g., Indian
reservations, some inner city areas, some rural areas).
(C) Effects by depth of poverty and near-poverty
(e.g., income to poverty ratios of less than 50
percent, less than 100 percent, less than 200 percent).
This second workshop shall be convened within 9 months of
receipt of a contract, the papers posted immediately, and a
summary released by the end of month 12.
(c) Report.--The relevant sections of the report shall be posted on
each agency's website on the plans and impacts specific to their
agency.
(d) Public Report.--A version of each report submitted under this
section shall be made available to the public.
(e) Legislative Language.--The Working Group on Reducing Poverty
shall submit, as necessary, legislative language, including specific
legislative recommendations to the Congress of the United States
towards achieving the national goals.
TITLE IV--HOUSING AND ASSET BUILDING
Subtitle A--Affirming the Right of All Renters to a Safe, Affordable,
and Decent Home
SEC. 40101. FINDINGS.
Congress finds the following:
(1) Housing is a basic human right.
(2) Evidence-based research has shown that families with
safe, decent, and affordable homes are better able to find
employment, achieve economic mobility, perform better in
school, and maintain improved health.
(3) Investing in affordable housing strengthens our
economy, creates jobs, boosts families' incomes, and encourages
further development.
(4) Far too many families living in urban, suburban, and
rural communities struggle to afford their rent each month,
putting them at increased risk of eviction and homelessness.
(5) According to the Department of Housing and Urban
Development (HUD) point-in-time count of 2016, there were
549,928 people in the United States experiencing homelessness
on any given night, including over 120,000 children.
(6) Homelessness has become so pervasive that some States
and cities have declared that homelessness has reached a state
of emergency.
(7) Major progress towards the national goals for ending
homelessness in our Nation has stalled in the absence of
increased funding.
(8) A shortage of affordable housing exists in every State
and major metropolitan area.
(9) A full-time worker earning the Federal minimum wage
cannot afford a modest two-bedroom apartment in any State,
metropolitan area, or county in the United States.
(10) Over half of all renters are cost-burdened, paying
more than 30 percent of their income for housing, and 71
percent of extremely low-income households are severely cost-
burdened, paying more than half of their income for housing.
(11) Rapidly rising rents across the country have pushed
many long-time residents and families out of the communities
they call home.
(12) Closed waiting lists and long waits mean only a
quarter of the families who qualify for housing assistance
actually receive it.
(13) The role of Federal affordable housing investments is
even more important given the limited ability of the private
market alone to address these needs.
(14) Various programs at the Department of Housing and
Urban Development help to subsidize housing for more than
4,000,000 low-income families, including the Public Housing
program, the Section 8 Housing Choice Vouchers (HCV) program,
the Section 8 Project-Based Rental Assistance program, the
Section 202 Supportive Housing for the Elderly program, the
Section 811 Supportive Housing for Persons with Disabilities
program, and the Housing Opportunities for Persons with AIDS
(HOPWA) program.
(15) Despite leveraging billions of dollars in private
resources to preserve and expand the supply of affordable
housing, affordable housing programs continue to be chronically
underfunded despite their success at providing safe housing to
families in need.
(16) Chronic underfunding of the Public Housing Capital
Fund has led to a backlog of more than $26,000,000,000 in
capital repairs and deteriorating conditions for residents.
(17) Without Federal investments, many more families would
be homeless, living in substandard or overcrowded conditions,
or struggling to meet other basic needs because too much of
their limited income would be used to pay rent.
(18) Low Federal spending caps required by the Budget
Control Act of 2011 (Public Law 112-25) have decreased funding
for affordable housing and community development programs.
(19) These austere spending caps threaten affordable
housing and community development for millions of low income
families.
(20) Even renters with housing subsidies often face
barriers to finding housing providers willing to rent to them.
(21) Under current Federal law, housing discrimination
against a renter is illegal if it is based on race, color,
religion, sex, familial status, national origin, or disability.
(22) Renters should be protected against housing
discrimination through stronger enforcement of fair housing
laws.
(23) Despite various clarifying memos from HUD, the re-
entry community continues to face barriers in trying to secure
access to federally assisted housing.
SEC. 40102. SENSE OF CONGRESS.
The Congress--
(1) supports lifting the spending caps required by the
Budget Control Act of 2011 and robustly funding programs to
increase access to affordable housing and address homelessness
at the Department of Housing and Urban Development (HUD) and
other Federal agencies;
(2) opposes any cuts to Federal investments in affordable
housing programs at the Department of Housing and Urban
Development and other Federal agencies;
(3) supports increased funding to the Public Housing
Capital Fund to address the backlog of capital repairs for
public housing;
(4) supports expanded funding for the National Housing
Trust Fund to boost the supply of affordable housing available
to extremely low-income families;
(5) supports efforts to preserve and rehabilitate existing
housing to maintain and increase the available stock of
affordable housing and proposals by local entities to prevent
any net loss of overall affordable housing units receiving
Federal subsidies;
(6) supports strengthened Federal fair housing laws;
(7) affirms that renters may not be barred from federally
assisted housing solely on the basis of a criminal record;
(8) supports expansion of renters' rights, including the
right of tenants to organize tenant associations; and
(9) affirms that housing is a basic human right.
Subtitle B--Ending Homelessness
SEC. 40201. SHORT TITLE.
This subtitle may be cited as the ``Ending Homelessness Act of
2020''.
SEC. 40202. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) although the United States has experienced a reduction
in veteran homelessness after a surge of new Federal funding
targeted to homeless veterans starting in fiscal year 2008,
major progress towards the national goals for ending
homelessness in our Nation has virtually stalled in the absence
of increased funding;
(2) according to the Department of Housing and Urban
Development's 2016 point-in-time count, there were 549,928
people experiencing homelessness in the United States on any
given night, including over 120,000 children;
(3) homelessness in many communities has reached crisis
proportions and some cities have declared that homelessness has
reached a state of emergency; and
(4) the Federal Government must renew its commitment to the
national goals to end homelessness.
SEC. 40203. EMERGENCY RELIEF FUNDING.
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11360 et seq) is amended--
(1) by redesignating section 491 (42 U.S.C. 11408; relating
to rural housing stability grant program) as section 441;
(2) by redesignating section 592 (42 U.S.C. 11408a;
relating to use of FMHA inventory for transitional housing for
homeless persons and for turnkey housing) as section 442; and
(3) by adding at the end the following new subtitle:
``Subtitle E--5-Year Path To End Homelessness
``SEC. 451. EMERGENCY RELIEF FUNDING.
``(a) Direct Appropriations.--There is appropriated out of any
money in the Treasury not otherwise appropriated for each of fiscal
years 2021 through 204, $1,000,000,000, to remain available until
expended, for emergency relief grants under this section to address the
unmet needs of homeless populations in jurisdictions with the highest
need.
``(b) Formula Grants.--
``(1) Allocation.--Amounts appropriated under subsection
(a) for a fiscal year shall be allocated among collaborative
applicants that comply with section 402, in accordance with the
funding formula established under paragraph (2) of this
subsection.
``(2) Formula.--The Secretary shall, in consultation with
the United States Interagency Council on Homeless, establish a
formula for allocating grant amounts under this section to
address the unmet needs of homeless populations in
jurisdictions with the highest need, using the best currently
available data that targets need based on key structural
determinants of homelessness in the geographic area represented
by a collaborative applicant, which shall include data
providing accurate counts of--
``(A) the poverty rate in the geographic area
represented by the collaborative applicant;
``(B) shortages of affordable housing for low-,
very low-, and extremely low-income households in the
geographic area represented by the collaborative
applicant;
``(C) the number of overcrowded housing units in
the geographic area represented by the collaborative
applicant;
``(D) the number of unsheltered homeless
individuals and the number of chronically homeless
individuals; and
``(E) any other factors that the Secretary
considers appropriate.
``(3) Grants.--For each fiscal year for which amounts are
made available under subsection (a), the Secretary shall make a
grant to each collaborative applicant for which an amount is
allocated pursuant to application of the formula established
pursuant to paragraph (2) of this subsection in an amount that
is equal to the formula amount determined for such
collaborative applicant.
``(4) Timing.--
``(A) Formula to be devised swiftly.--The funding
formula required under paragraph (2) shall be
established not later than 60 days after the date of
enactment of this section.
``(B) Distribution.--Amounts appropriated or
otherwise made available under this section shall be
distributed according to the funding formula
established pursuant to paragraph (2) not later than 30
days after the establishment of such formula.
``(c) Use of Grants.--
``(1) In general.--Subject to paragraphs (2) through (4), a
collaborative applicant that receives a grant under this
section may use such grant amounts only for eligible activities
under section 415, 423, or 441(b).
``(2) Permanent supportive housing requirement.--
``(A) Requirement.--Except as provided in
subparagraph (B), each collaborative applicant that
receives a grant under this section shall use not less
than 75 percent of such grant amount for permanent
supportive housing, including capital costs, rental
subsidies, and services.
``(B) Exemption.--The Secretary shall exempt a
collaborative applicant from the applicability of the
requirement under subparagraph (A) if the applicant
demonstrates, in accordance with such standards and
procedures as the Secretary shall establish, that--
``(i) chronic homelessness has been
functionally eliminated in the geographic area
served by the applicant; or
``(ii) the permanent supportive housing
under development in the geographic area served
by the applicant is sufficient to functionally
eliminate chronic homelessness once such units
are available for occupancy.
The Secretary shall consider and make a determination
regarding each request for an exemption under this
subparagraph not later than 60 days after receipt of
such request.
``(3) Limitation on use for administrative expenses.--Not
more than 5 percent of the total amount of any grant under this
section to a collaborative applicant may be used for costs of
administration.
``(4) Housing first requirement.--The Secretary shall
ensure that each collaborative applicant that receives a grant
under this section is implementing, to the extent possible, and
will use such grant amounts in accordance with, a Housing First
model for assistance for homeless persons.
``(d) Renewal Funding.--Expiring contracts for leasing, rental
assistance, or permanent housing shall be treated, for purposes of
section 429, as expiring contracts referred to in subsection (a) of
such section.
``(e) Reporting to Congress.--
``(1) Initial report.--Not later than September 1, 2021,
the Secretary and the United States Interagency Council on
Homelessness shall submit a report to the Committees on
Financial Services and Appropriations of the House of
Representatives and the Committees on Banking, Housing, and
Urban Affairs and Appropriations of the Senate describing the
design and implementation of the grant program under this
section, which shall include the formula required by subsection
(b)(2).
``(2) Semiannual status reports.--
``(A) Reports to congress.--The Secretary and the
United States Interagency Council on Homelessness shall
submit reports to the Committees specified in paragraph
(1) semiannually describing the operation of the grant
program under this section during the preceding 6
months, including identification of the grants made and
a description of the activities funded with grant
amounts.
``(B) Collection of information by secretary.--The
Secretary shall require each collaborative applicant
that receives a grant under this section to submit such
information to the Secretary as may be necessary for
the Secretary to comply with the reporting requirement
under subparagraph (A).
``SEC. 452. SPECIAL PURPOSE VOUCHERS.
``(a) Direct Appropriation.--There is appropriated out of any money
in the Treasury not otherwise appropriated for each of fiscal years
2022 through 2027, $500,000,000, to remain available until expended,
which shall be used as follows:
``(1) Rental assistance.--Except as provided in paragraph
(2), such amount shall be used for incremental assistance for
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and
households who are homeless (as such term is defined in section
103 (42 U.S.C. 11302)), which assistance shall be in addition
to such assistance provided pursuant to renewal of expiring
contracts for such assistance.
``(2) Administrative fees.--The Secretary may use not more
than 10 percent of such amounts provided for each fiscal year
for administrative fees under 8(q) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish
policies and procedures to provide such fees to the extent
necessary to assist homeless persons and families on whose
behalf rental assistance is provided to find and maintain
suitable housing.
``(b) Allocation.--The Secretary shall make assistance provided
under this section available to public housing agencies based on
geographical need for such assistance by homeless persons and
households, as identified by the Secretary, public housing agency
administrative performance, and other factors as specified by the
Secretary.
``(c) Availability.--Assistance made available under this section
shall continue to remain available only for homeless persons and
households upon turn-over.
``(d) Renewal Funding.--Renewal of expiring contracts for rental
assistance provided under subsection (a) and for administrative fees
under such subsection shall, to the extent provided in appropriation
Acts, be funded under the section 8 tenant-based rental assistance
account.
``(e) Waiver Authority.--Upon a finding by the Secretary that a
waiver or alternative requirement pursuant to this subsection is
necessary to ensure that homeless persons and households can obtain
housing using rental assistance made available under this section, the
Secretary may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers
in connection with the use of funds made available under this section
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment) that relates to screening of
applicants for assistance, admission of applicants, and selection of
tenants. The Secretary shall require public housing agencies receiving
rental assistance funding made available under this section to take all
reasonable actions to help assisted persons and families avoid
subsequent homelessness.
``SEC. 453. OUTREACH FUNDING.
``(a) Direct Appropriation.--There is appropriated out of any money
in the Treasury not otherwise appropriated for each of fiscal years
2021 through 2025, $100,000,000, to remain available until expended, to
the Secretary for grants under this section to provide outreach and
coordinate services for persons and households who are homeless or
formerly homeless.
``(b) Grants.--
``(1) In general.--The Secretary shall make grants under
this section on a competitive basis only to collaborative
applicants who comply with section 402.
``(2) Priority.--The competition for grants under this
section shall provide priority to collaborative applicants who
submit plans to make innovative and effective use of staff
funded with grant amounts pursuant to subsection (c).
``(c) Use of Grants.--A collaborative applicant that receives a
grant under this section may use such grant amounts only for providing
case managers, social workers, or other staff who conduct outreach and
coordinate services for persons and households who are homeless or
formerly homeless.
``(d) Timing.--
``(1) Criteria to be established swiftly.--The Secretary
shall establish the criteria for the competition for grants
under this section required under subsection (b) not later than
60 days after the date of enactment of this section.
``(2) Distribution.--Amounts appropriated or otherwise made
available under this section shall be distributed according to
the competition established by the Secretary pursuant to
subsection (b) not later than 30 days after the establishment
of such criteria.''.
SEC. 40204. HOUSING TRUST FUND.
(a) Funding.--
(1) Annual funding.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2022 and each fiscal year thereafter, $1,000,000,000, to
remain available until expended, which shall be credited to the
Housing Trust Fund established pursuant to section 1338 of the
Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4568) for use under such section.
(2) Rental assistance.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2022 and each fiscal year thereafter, $50,000,000, to
remain available until expended, for incremental project-based
voucher assistance or project-based rental assistance, to be
allocated to States pursuant to the formula established under
section 1338 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4568), to be used
solely in conjunction with grant funds awarded under such
section 1338.
(3) Priority for housing the homeless.--
(A) Priority.--During the first 5 fiscal years that
amounts are made available under this subsection, the
Secretary of Housing and Urban Development shall ensure
that priority for occupancy in dwelling units described
in subparagraph (B) that become available for occupancy
shall be given to persons and households who are
homeless (as such term is defined in section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)).
(B) Covered dwelling units.--A dwelling unit
described in this subparagraph is any dwelling unit
that--
(i) is located in housing that was at any
time provided assistance with any amounts from
the Housing Trust Fund referred to paragraph
(1) that were credited to such Trust Fund by
such paragraph; or
(ii) is receiving assistance described in
paragraph (2) with amounts made available under
such paragraph.
(b) Tenant Rent Contribution.--
(1) Limitation.--Subparagraph (A) of section 1338(c)(7) of
the Federal Housing Enterprises Financial Safety and Soundness
Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended--
(A) by striking ``except that not less than 75
percent'' and inserting the following: ``except that--
``(i) not less than 75 percent'';
(B) by adding at the end the following new clause:
``(ii) notwithstanding any other provision
of law, all rental housing dwelling units shall
be subject to legally binding commitments that
ensure that the contribution toward rent by a
family residing in the dwelling unit shall not
exceed 30 percent of the adjusted income (as
such term is defined in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C.
1437a(b))) of such family; and''.
(2) Regulations.--The Secretary of Housing and Urban
Development shall issue regulations to implement section
1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, as added by the amendment
made by paragraph (1)(B) of this section, not later than the
expiration of the 90-day period beginning on the date of the
enactment of this subtitle.
SEC. 40205. TECHNICAL ASSISTANCE FUNDS TO HELP STATES AND LOCAL
ORGANIZATIONS ALIGN HEALTH AND HOUSING SYSTEMS.
(a) Funding.--There is hereby made available to the Secretary of
Housing and Urban Development $20,000,000, to remain available until
expended, for providing technical assistance under section 405 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) in
connection with expanding the Healthcare and Housing (H2) Systems
Integration Initiative of the Secretary of Housing and Urban
Development, in collaboration with the United States Interagency
Council on Homelessness and the Secretary of Health and Human Services.
(b) Use.--In expanding the Initiative referred to in subsection
(a), the Secretary shall seek to--
(1) assist States and localities in integrating and
aligning policies and funding between Medicaid programs,
behavioral health providers, and housing providers to create
supportive housing opportunities; and
(2) engages State Medicaid program directors, Governors,
State housing and homelessness agencies, any other relevant
State offices, and any relevant local government entities, to
assist States in increasing use of their Medicaid programs to
finance supportive services for homeless persons.
(c) Priority.--In using amounts made available under this section,
the Secretary shall give priority to use for States and localities
having the highest numbers of chronically homeless persons.
SEC. 40206. PERMANENT AUTHORIZATION OF APPROPRIATIONS FOR MCKINNEY-
VENTO HOMELESS ASSISTANCE ACT GRANTS.
Section 408 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11364) is amended to read as follows:
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for each fiscal year.''.
SEC. 40207. PERMANENT EXTENSION OF UNITED STATES INTERAGENCY COUNCIL ON
HOMELESSNESS.
Section 209 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11319) is hereby repealed.
SEC. 40208. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided by this subtitle, and the
amendments made by this subtitle, 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 subtitle and the
amendments made by this subtitle are designated as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Subtitle C--Tenant Protection
SEC. 40301. SHORT TITLE.
This subtitle may be cited as the ``Tenant Protection Act''.
SEC. 40302. TENANT BLACKLISTING.
(a) Definitions.--In this section--
(1) the terms ``consumer'', ``consumer report'', and
``nationwide specialty consumer reporting agency'' have the
meanings given those terms in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a); and
(2) the term ``tenant rating agency'' means a nationwide
specialty consumer reporting agency described in section
603(x)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681a(x)(2)).
(b) Amendments to the Fair Credit Reporting Act.--The Fair Credit
Reporting Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 605 (15 U.S.C. 1681c), by adding at the end
the following:
``(i) Housing Court Records.--A consumer reporting agency may not
make a consumer report containing a landlord-tenant court or other
housing court record, unless--
``(1) the case to which the record pertains resulted in a
judgment of possession;
``(2) the decision of the court in the case to which the
record pertains is not being appealed; and
``(3) the record antedates the consumer report by not more
than 3 years.'';
(2) in section 611(a) (15 U.S.C. 1681i(a))--
(A) in paragraph (1)(A), by inserting ``or by
submitting a notice of the dispute through the
centralized source described in section 612(a)(1)(B) or
the centralized source required to be established under
section 2(c) of the Tenant Protection Act'' after
``through a reseller''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``or a reseller''
and inserting ``a reseller, or a
centralized source''; and
(II) by striking ``or reseller''
and inserting ``reseller, or
centralized source''; and
(ii) in subparagraph (B), by striking ``or
the reseller'' and inserting ``the reseller, or
the centralized source'';
(3) in section 615 (15 U.S.C. 1681m), by adding at the end
the following:
``(i) Additional Duty of Users Taking Adverse Actions on the Basis
of Housing Court Records Contained in Consumer Reports.--If any person
takes any adverse action with respect to a consumer that is based in
whole or in part on a landlord-tenant court or other housing record
contained in a consumer report, the person shall provide to the
consumer a free copy of the consumer report used by the person in
taking the adverse action.''; and
(4) by adding at the end the following:
``SEC. 630. CIVIL LIABILITY FOR CREATING REPORTS WITH INACCURATE
HOUSING COURT RECORDS.
``Any person who willfully makes a consumer report with respect to
a consumer that contains an inaccurate landlord-tenant court or other
housing record is liable to the consumer in an amount equal to the sum
of--
``(1) any actual damages sustained by the consumer as a
result of making that consumer report or damages of not less
than $500 and not more than $1,500;
``(2) such amount of punitive damages as the court may
allow; and
``(3) in the case of any successful action to enforce any
liability under this section, the costs of the action together
with reasonable attorney's fees as determined by the court.''.
(c) Regulations Applicable to Clearinghouse System.--Not later than
1 year after the date of enactment of this subtitle, the Bureau of
Consumer Financial Protection shall issue regulations--
(1) applicable to tenant rating agencies to require the
establishment of--
(A) a centralized source through which consumers
may--
(i) obtain a consumer report from each such
tenant rating agency once during any 12-month
period, using a single request, and without
charge to the consumer, as provided in section
612(a) of the Fair Credit Reporting Act (15
U.S.C. 1681j(a)); and
(ii) submit a notice of a dispute of
inaccurate information, as provided in section
611(a) of the Fair Credit Reporting Act (15
U.S.C. 1681i(a); and
(B) a standardized form for a consumer to make a
request for a consumer report under subparagraph (A)(i)
or submit a notice of dispute under subparagraph
(A)(ii) by mail or through an Internet website; and
(2) to provide that a consumer may submit a notice of
dispute of inaccurate information through the centralized
source established in accordance with section 211(c) of the
Fair and Accurate Credit Transactions Act of 2003 (15 U.S.C.
1681j note), as provided in section 611(a) of the Fair Credit
Reporting Act (15 U.S.C. 1681i(a)), using the standardized form
described in paragraph (1)(B).
(d) Report.--Not later than 1 year after the date of enactment of
this subtitle, the Bureau of Consumer Financial Protection shall
conduct a study and submit to Congress a report on the status of tenant
rating agencies and the compliance of tenant rating agencies under the
Fair Credit Reporting Act (15 U.S.C. 1601 et seq.), including a gap
analysis of laws and resources to deter noncompliance with the intent
and purpose of the Fair Credit Reporting Act (15 U.S.C. 1601 et seq.).
Subtitle D--Hardest Hit Housing
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the ``Hardest Hit Housing Act of
2020''.
SEC. 40402. CAPITAL FUND AMOUNTS FOR LARGE PUBLIC HOUSING AGENCIES.
(a) Authorization of Appropriations.--In addition to any amounts
authorized to be appropriated for formula grants to public housing
agencies from the Capital Fund pursuant to section 9(d)(2) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(d)(2)), there is
authorized to be appropriated $4,000,000,000 for each of fiscal years
2022 through 2026 for the Public Housing Capital Fund Program under
section 9(d) of the United States Housing Act of 1937 (42 U.S.C.
1437g(b)).
(b) Eligible Public Housing Agencies.--Any amounts appropriated
pursuant to this section shall be used by the Secretary of Housing and
Urban Development only for grants to public housing agencies that own
or administer more than 10,000 public housing dwelling units.
(c) Eligible Uses.--Funds from grants made with amounts
appropriated pursuant to this section may be used only for eligible
capital activities under section 9(d)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437g(d)(1)). Section 9(g)(3) of such Act shall
not apply to any such grant funds.
SEC. 40403. ASSISTANCE TO NEIGHBORWORKS FOR MORTGAGE FORECLOSURE
MITIGATION ACTIVITIES.
There is authorized to be appropriated $5,000,000, for each of
fiscal years 2022 through 2026 for assistance to the Neighborhood
Reinvestment Corporation for mortgage foreclosure mitigation
activities, under the following terms and conditions:
(1) Mortgage foreclosure mitigation counseling.--
(A) The Neighborhood Reinvestment Corporation (in
this section referred to as the ``NRC'') may make
grants under this paragraph to counseling
intermediaries approved by the Department of Housing
and Urban Development (in this section referred to as
``HUD'') (with match to be determined by NRC based on
affordability and the economic conditions of an area; a
match also may be waived by NRC based on the
aforementioned conditions) to provide mortgage
foreclosure mitigation assistance to the 15 States with
highest rates of home mortgage defaults and
foreclosures, as of January 1, 2018, to help eliminate
the default and foreclosure of mortgages of owner-
occupied single-family homes that are at risk of such
foreclosure and located in metropolitan statistical
areas having the greatest such need. Other than areas
with high rates of defaults and foreclosures, grants
may also be provided to approved counseling
intermediaries based on a geographic analysis of the
Nation by NRC which determines where there is a
prevalence of mortgages that are risky and likely to
fail, including any trends for mortgages that are
likely to default and face foreclosure. A State Housing
Finance Agency may also be eligible where the State
Housing Finance Agency meets all the requirements under
this paragraph. A HUD-approved counseling intermediary
shall meet certain mortgage foreclosure mitigation
assistance counseling requirements, as determined by
NRC, and shall be approved by HUD or NRC as meeting
these requirements.
(B) Mortgage foreclosure mitigation assistance
shall only be made available to homeowners of owner-
occupied homes with mortgages in default or in danger
of default. These mortgages shall likely be subject to
a foreclosure action and homeowners will be provided
such assistance that shall consist of activities that
are likely to prevent foreclosures and result in the
long-term affordability of the mortgage retained
pursuant to such activity or another positive outcome
for the homeowner. No funds made available pursuant to
this paragraph may be provided directly to lenders or
homeowners to discharge outstanding mortgage balances
or for any other direct debt reduction payments.
(C) The use of mortgage foreclosure mitigation
assistance by approved counseling intermediaries and
State Housing Finance Agencies shall involve a
reasonable analysis of the borrower's financial
situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling
regarding the assumption of the mortgage by another
non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out
strategy by all interested parties.
(D) NRC may provide up to 15 percent of the total
funds made available pursuant to this paragraph to its
own charter members with expertise in foreclosure
prevention counseling, subject to a certification by
NRC that the procedures for selection do not consist of
any procedures or activities that could be construed as
a conflict of interest or have the appearance of
impropriety.
(E) HUD-approved counseling entities and State
Housing Finance Agencies receiving funds made available
pursuant to this paragraph shall have demonstrated
experience in successfully working with financial
institutions as well as borrowers facing default,
delinquency, and foreclosure as well as documented
counseling capacity, outreach capacity, past successful
performance and positive outcomes with documented
counseling plans (including post-mortgage foreclosure
mitigation counseling), loan workout agreements, and
loan modification agreements. NRC may use other
criteria to demonstrate capacity in underserved areas.
(F) Of the total amount made available pursuant to
this paragraph, up to $250,000 may be made available to
build the mortgage foreclosure and default mitigation
counseling capacity of counseling intermediaries
through NRC training courses with HUD-approved
counseling intermediaries and their partners, except
that private financial institutions that participate in
NRC training shall pay market rates for such training.
(G) Of the total amount made available pursuant to
this paragraph, up to 5 percent may be used for
associated administrative expenses for NRC to carry out
activities provided under this paragraph.
(H) Mortgage foreclosure mitigation assistance
grants may include a budget for outreach and
advertising, and training, as determined by NRC.
(I) NRC shall report bi-annually to the House and
Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
(2) Legal assistance.--
(A) The Neighborhood Reinvestment Corporation may
make grants to counseling intermediaries approved by
HUD or the NRC to hire attorneys to assist homeowners
who have legal issues directly related to the
homeowner's foreclosure, delinquency, or short sale.
(B) Such attorneys shall be capable of assisting
homeowners of owner-occupied homes with mortgages in
default, in danger of default, or subject to or at risk
of foreclosure and who have legal issues that cannot be
handled by counselors already employed by such
intermediaries.
(C) Grants under this paragraph may only be made to
counseling intermediaries and legal organizations that
(i) provide legal assistance in the 15 States with the
highest rates of home mortgage defaults and
foreclosures, as of January 1, 2018, and (ii) have the
capacity to begin using the financial assistance within
90 days after receipt of the assistance.
(D) No funds made available pursuant to this
paragraph shall be used to provide, obtain, or arrange
on behalf of a homeowner, legal representation
involving or for the purposes of civil litigation.
SEC. 40404. INCREMENTAL HOUSING CHOICE VOUCHER ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2022 through 2024 such sums as
may be necessary to provide in each such fiscal year 20,000 incremental
vouchers for rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)).
(b) Eligible Public Housing Agencies.--Any amounts appropriated
pursuant to this section shall be used by the Secretary of Housing and
Urban Development only to provide additional amounts for rental
assistance vouchers for public housing agencies that administer 10,000
or more vouchers for rental assistance under such section 8(o).
Subtitle E--FHA Alternative Credit Pilot Program Reauthorization
SEC. 40501. SHORT TITLE.
This subtitle may be cited as the ``FHA Alternative Credit Pilot
Program Reauthorization Act of 2020''.
SEC. 40502. EXTENSION OF PILOT PROGRAM.
Section 258(d) of the National Housing Act (12 U.S.C. 1715z-24(d))
is amended by striking ``5-year'' and inserting ``14-year''.
Subtitle F--Housing Financial Literacy
SEC. 40601. SHORT TITLE.
This subtitle may be cited as the ``Housing Financial Literacy Act
of 2020''.
SEC. 40602. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS FOR FIRST-
TIME HOMEBUYERS WHO COMPLETE FINANCIAL LITERACY HOUSING
COUNSELING PROGRAMS.
The second sentence of subparagraph (A) of section 203(c)(2) of the
National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by striking
``not exceed 2.75 percent of the amount of the original insured
principal obligation of the mortgage'' and inserting ``be 25 basis
points lower than the premium payment amount established by the
Secretary under the first sentence of this subparagraph''.
Subtitle G--Young Americans Financial Literacy
SEC. 40701. SHORT TITLE.
This subtitle may be cited as the ``Young Americans Financial
Literacy Act''.
SEC. 40702. FINDINGS.
The Congress finds as follows:
(1) That 87 percent of Americans believe finance education
should be taught in schools and 92 percent of K-12 teachers
believe that financial education should be taught in school,
but only 12 percent of teachers actually teach the subject.
(2) According to a 2016 survey, 1 in 3 States require high
school students to take a personal finance course, and only 5
States require high school students to take a semester long
personal finance course.
(3) The percentage of Americans grading themselves with an
A or B in personal finance knowledge has declined from 60
percent in 2013 to 56 percent in 2016. In 2016, 75 percent of
Americans admitted they could benefit from additional advice
and answers to everyday financial questions from a
professional. Most adults feel that their financial literacy
skills are inadequate, yet they do not rely on anyone else to
handle their finances; they feel it is important to know more
but have received no financial education.
(4) It is necessary to respond immediately to the pressing
needs of individuals faced with the loss of their financial
stability; however increased attention must also be paid to
financial literacy education reform and long-term solutions to
prevent future personal financial disasters.
(5) Research-based financial literacy education programs
are needed to reach individuals at all ages and socioeconomic
levels, particularly those facing unique and challenging
financial situations, such as high school graduates entering
the workforce, soon-to-be and recent college graduates, young
families, and to address the unique needs of military personnel
and their families.
(6) High school and college students who are exposed to
cumulative financial education show an increase in financial
knowledge, which in turn drives increasingly responsible
behavior as they become young adults.
(7) Sixty percent of parents identify their teens as
``quick spenders'', and most acknowledge they could do a better
job of teaching and preparing kids for the financial challenges
of adulthood, including budgeting, saving, and investing.
(8) The majority (52 percent) of young adults ages 23
through 28 consider ``making better choices about managing
money'', the single most important issue for individual
Americans to act on today.
(9) According to the Government Accountability Office,
giving Americans the information they need to make effective
financial decisions can be key to their well-being and to the
country's economic health. The recent financial crisis, when
many borrowers failed to fully understand the risks associated
with certain financial products, underscored the need to
improve individuals' financial literacy and empower all
Americans to make informed financial decisions. This is
especially true for young people as they are earning their
first paychecks, securing student aid, and establishing their
financial independence. Therefore, focusing economic education
and financial literacy efforts and best practices for young
people ages 8 through 24 is of utmost importance.
SEC. 40703. AUTHORIZATION FOR FUNDING THE ESTABLISHMENT OF CENTERS OF
EXCELLENCE IN FINANCIAL LITERACY EDUCATION.
(a) In General.--The Director of the Bureau of Consumer Financial
Protection, in consultation with the Financial Literacy and Education
Commission established under the Financial Literacy and Education
Improvement Act, shall make competitive grants to and enter into
agreements with eligible institutions to establish centers of
excellence to support research, development and planning,
implementation, and evaluation of effective programs in financial
literacy education for young people and families ages 8 through 24
years old.
(b) Authorized Activities.--Activities authorized to be funded by
grants made under subsection (a) shall include the following:
(1) Developing and implementing comprehensive research
based financial literacy education programs for young people--
(A) based on a set of core competencies and
concepts established by the Director, including goal
setting, planning, budgeting, managing money or
transactions, tools and structures, behaviors,
consequences, both long- and short-term savings,
managing debt and earnings; and
(B) which can be incorporated into educational
settings through existing academic content areas,
including materials that appropriately serve various
segments of at-risk populations, particularly minority
and disadvantaged individuals.
(2) Designing instructional materials using evidence-based
content for young families and conducting related outreach
activities to address unique life situations and financial
pitfalls, including bankruptcy, foreclosure, credit card
misuse, and predatory lending.
(3) Developing and supporting the delivery of professional
development programs in financial literacy education to assure
competence and accountability in the delivery system.
(4) Improving access to, and dissemination of, financial
literacy information for young people and families.
(5) Reducing student loan default rates by developing
programs to help individuals better understand how to manage
educational debt through sustained educational programs for
college students.
(6) Conducting ongoing research and evaluation of financial
literacy education programs to assure learning of defined
skills and knowledge, and retention of learning.
(7) Developing research-based assessment and accountability
of the appropriate applications of learning over short and long
terms to measure effectiveness of authorized activities.
(c) Priority for Certain Applications.--The Director shall give a
priority to applications that--
(1) provide clear definitions of ``financial literacy'' and
``financially literate'' to clarify educational outcomes;
(2) establish parameters for identifying the types of
programs that most effectively reach young people and families
in unique life situations and financial pitfalls, including
bankruptcy, foreclosure, credit card misuse, and predatory
lending;
(3) include content that is appropriate to age and
socioeconomic levels;
(4) develop programs based on educational standards,
definitions, and research;
(5) include individual goals of financial independence and
stability; and
(6) establish professional development and delivery systems
using evidence-based practices.
(d) Application and Evaluation Standards and Procedures;
Distribution Criteria.--The Director shall establish application and
evaluation standards and procedures, distribution criteria, and such
other forms, standards, definitions, and procedures as the Director
determines to be appropriate.
(e) Limitation on Grant Amounts.--
(1) In general.--The aggregate amount of grants made under
this section during any fiscal year may not exceed $55,000,000.
(2) Termination.--No grants may be made under this section
after the end of fiscal year 2022.
(f) Definitions.--For purposes of this subtitle the following
definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Consumer Financial Protection.
(2) Eligible institution.--The term ``eligible
institution'' means a partnership of two or more of the
following:
(A) Institution of higher education.
(B) Local educational agency.
(C) A nonprofit agency, organization, or
association.
(D) A financial institution.
(3) 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 (20
U.S.C. 1001(a)).
Subtitle H--Improving Access to Traditional Banking
SEC. 40801. SHORT TITLE.
This subtitle may be cited as the ``Improving Access to Traditional
Banking Act of 2020''.
SEC. 40802. OFFICE FOR UNDER-BANKED AND UN-BANKED CONSUMERS.
Section 1013 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5493) is amended by adding at the end the following:
``(i) Office for Under-Banked and Un-Banked Consumers.--
``(1) Establishment.--Before the end of the 90-day period
beginning on the date of the enactment of the subsection, the
Bureau shall establish an Office for Under-Banked and Un-Banked
Consumers (hereinafter referred to as the `Office'), the
functions of which shall include activities designed to better
assess the reasons for the lack of, and help increase the
participation of, under-banked and un-banked consumers in the
banking system, including the coordination with other Federal
and State financial services agencies on this matter to ensure
the most efficient and effective use of governmental resources.
``(2) Duties.--The Office shall--
``(A) conduct research to identify any causes and
challenges contributing to the decision of individuals
who, and households that, choose not to initiate or
maintain on-going and sustainable relationships with
depository institutions, including consulting with
trade associations representing minority depository
institutions, and organizations representing the
interests of traditionally underserved consumers and
communities, and organizations representing the
interests of consumers, particularly low- and moderate-
income individuals, civil rights groups, community
groups, and consumer advocates, about this matter;
``(B) identify best practices, develop and
implement strategies to increase the participation of
under-banked and un-banked consumers in the banking
system; and
``(C) submit a report to Congress, within two years
of the establishment of the Office and annually
thereafter, that identifies any factors impeding the
ability to, or limiting the option for, individuals or
households to have access to on-going and sustainable
relationships with depository institutions to meet
their financial needs, discusses any regulatory, legal,
or structural barriers to enhancing participation of
under-banked and un-banked consumers with depository
institutions, and contains regulatory and legislative
recommendations to promote better participation for all
consumers with the banking system.''.
Subtitle I--Fair Lending For All
SEC. 40901. SHORT TITLE.
This subtitle may be cited as the ``Fair Lending for All Act''.
SEC. 40902. OFFICE OF FAIR LENDING TESTING.
(a) Establishment.--There is established within the Bureau of
Consumer Financial Protection an Office of Fair Lending Testing
(hereinafter referred to as the ``Office'').
(b) Director.--The head of the Office shall be a Director, who
shall--
(1) be appointed to a 5-year term by, and report to, the
Director of the Bureau of Consumer Financial Protection;
(2) appoint and fix the compensation of such employees as
are necessary to carry out the duties of the Office under this
section; and
(3) provide an estimated annual budget to the Director of
the Bureau of Consumer Financial Protection.
(c) Civil Service Position.--The position of the Director shall be
a career position within the civil service.
(d) Testing.--
(1) In general.--The Office, in consultation with the
Attorney General and the Secretary of Housing and Urban
Development, shall conduct testing of compliance with the Equal
Credit Opportunity Act by creditors, through the use of
individuals who, without any bona fide intent to receive a
loan, pose as prospective borrowers for the purpose of
gathering information.
(2) Referral of violations.--If, in carrying out the
testing described under paragraph (1), the Office believes a
person has violated the Equal Credit Opportunity Act, the
Office shall refer such violation in writing to the Attorney
General for appropriate action.
(e) Report to Congress.--Section 707 of the Equal Credit
Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the
following: ``In addition, each report of the Bureau shall include an
analysis of the testing carried out pursuant to section 2 of the Fair
Lending for All Act, and each report of the Bureau and the Attorney
General shall include a summary of criminal enforcement actions taken
under section 706A.''.
SEC. 40903. PROHIBITION ON CREDIT DISCRIMINATION.
Subsection (a) of 701 of the Equal Credit Opportunity Act (15
U.S.C. 1691) is amended to read as follows:
``(a) It shall be unlawful for any creditor to discriminate against
any applicant, with respect to any aspect of a credit transaction--
``(1) on the basis of race, color, religion, national
origin, sex (including sexual orientation and gender identity),
marital status, or age (provided the applicant has the capacity
to contract);
``(2) on the basis of the applicant's zip code, or census
tract;
``(3) because all or part of the applicant's income derives
from any public assistance program; or
``(4) because the applicant has in good faith exercised any
right under the Consumer Credit Protection Act.''.
SEC. 40904. CRIMINAL PENALTIES FOR VIOLATIONS OF THE EQUAL CREDIT
OPPORTUNITY ACT.
(a) In General.--The Equal Credit Opportunity Act (15 U.S.C. 1691
et seq.) is amended by inserting after section 706 the following:
``Sec. 706A. Criminal penalties
``(a) Individual Violations.--Any person who knowingly and
willfully violates this title shall be fined not more than $50,000, or
imprisoned not more than 1 year, or both.
``(b) Pattern or Practice.--
``(1) In general.--Any person who engages in a pattern or
practice of knowingly and willfully violating this title shall
be fined not more than $100,000 for each violation of this
title, or imprisoned not more than twenty years, or both.
``(2) Personal liability of executive officers and
directors of the board.--Any executive officer or director of
the board of an entity who knowingly and willfully causes the
entity to engage in a pattern or practice of knowingly and
willfully violating this title (or who directs another agent,
senior officer, or director of the entity to commit such a
violation or engage in such acts that result in the director or
officer being personally unjustly enriched) shall be--
``(A) fined in an amount not to exceed 100 percent
of the compensation (including stock options awarded as
compensation) received by such officer or director from
the entity--
``(i) during the time period in which the
violations occurred; or
``(ii) in the one to three year time period
preceding the date on which the violations were
discovered; and
``(B) imprisoned for not more than 5 years.''.
(b) Clerical Amendment.--The table of contents for the Equal Credit
Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after
the item relating to section 706 the following:
``706A. Criminal penalties.''.
SEC. 40905. REVIEW OF LOAN APPLICATIONS.
(a) In General.--Subtitle C of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5531 et seq.) is amended by adding at the end
the following:
``SEC. 1038. REVIEW OF LOAN APPLICATIONS.
``(a) In General.--The Bureau shall carry out reviews of loan
applications and the process of taking loan applications being used by
covered persons to ensure such applications and processes do not
violate the Equal Credit Opportunity Act or any other Federal consumer
financial law.
``(b) Prohibition and Enforcement.--If the Bureau determines under
subsection (a) that any loan application or process of taking a loan
application violates the Equal Credit Opportunity Act or any other
Federal consumer financial law, the Bureau shall--
``(1) prohibit the covered person from using such
application or process; and
``(2) take such enforcement or other actions with respect
to the covered person as the Bureau determines appropriate.''.
(b) Clerical Amendment.--The table of contents in section 1 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by
inserting after the item relating to section 1037 the following:
``Sec. 1038. Review of loan applications.''.
SEC. 40906. MORTGAGE DATA COLLECTION.
(a) In General.--Section 304(b)(4) of the Home Mortgage Disclosure
Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking ``census
tract, income level, racial characteristics, age, and gender'' and
inserting ``the applicant or borrower's zip code, census tract, income
level, race, color, religion, national origin, sex, marital status,
sexual orientation, and age''.
(b) Protection of Privacy Interests.--Section 304(h)(3)(A) of the
Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is
amended--
(1) in clause (i), by striking ``and'' at the end;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii) zip code, census tract, and any
other category of data described in subsection
(b)(4), as the Bureau determines to be
necessary to satisfy the purpose described in
paragraph (1)(E), and in a manner consistent
with that purpose; and''.
Subtitle J--LEP Data Acquisition in Mortgage Lending
SEC. 41001. SHORT TITLE.
This subtitle may be cited as the ``LEP Data Acquisition in
Mortgage Lending Act''.
SEC. 41002. PREFERRED LANGUAGE QUESTION.
Subpart A of part 2 of subtitle A of title 13 of the Housing and
Community Development Act of 1992 (12 U.S.C. 4541 et seq.) is amended
by adding at the end the following:
``SEC. 1329. UNIFORM RESIDENTIAL LOAN APPLICATION.
``(a) In General.--The Director shall, not later than February 1,
2020, require each enterprise to include a preferred language question,
that is optional for borrowers, on the form known as the Uniform
Residential Loan Application and include such question in the form in
which it was presented for inclusion on the Uniform Residential Loan
Application by the Federal Housing Finance Agency on October 20, 2017
as also written in subsection (b).
``(b) Form of Question.--The preferred language question on the
Uniform Residential Loan Application shall read as follows:
``Language Preference--Your loan transaction is likely to
be conducted in English. This question requests information to
see if communications are available to assist you in your
preferred language. Please be aware that communications may NOT
be available in your preferred language.
``Optional--Mark the language you would prefer, if
available: English -- Chinese -- Korean -- Spanish -- Tagalog
-- Vietnamese -- Other -- I do not wish to respond.
``Your answer will NOT negatively affect your mortgage
application. Your answer does not mean the Lender or Other Loan
Participants agree to communicate or provide documents in your
preferred language. However, it may let them assist you or
direct you to persons who can assist you. Language assistance
and resources may be available through housing counseling
agencies approved by the U.S. Department of Housing and Urban
Development.
``To find a housing counseling agency, contact one of the
following Federal Government agencies:
``U.S. Department of Housing and Urban Development (HUD) at
(800) 569-4287 or www.hud.gov/counseling.
``Consumer Financial Protection Bureau (CFPB) at (855) 411-
2372 or www.consumerfinance.gov/find-ahousing-counselor.
``(c) Response Data.--Any response of a borrower to the question
described in subsection (a) shall be recorded by the mortgage
originator of the borrower and such mortgage originator shall transfer
the record of such response to any person who purchases or services the
mortgage of the borrower.''.
Subtitle K--Housing, Opportunity, Mobility and Equity
SEC. 41101. SHORT TITLE.
This subtitle may be cited as the ``Housing, Opportunity, Mobility,
and Equity Act of 2020''.
SEC. 41102. REQUIREMENT FOR CDBG GRANTEES.
Section 104 of the Housing and Community Development Act of 1974
(42 U.S.C. 5304) is amended by adding at the end the following:
``(n) Strategy To Increase the Affordable Housing Stock.--
``(1) In general.--Each grantee receiving assistance under
this title shall--
``(A) include in the consolidated plan required
under part 91 of title 24, Code of Federal Regulations
(or any successor thereto), a strategy to support new
inclusive zoning policies, programs, or regulatory
initiatives that create a more affordable, elastic, and
diverse housing supply and thereby increase economic
growth and access to jobs and housing; and
``(B) include in the annual performance report
submitted under section 91.520 of title 24, Code of
Federal Regulations (or any successor thereto), the
progress and implementation of the strategy described
in subparagraph (A).
``(2) Inclusions.--The strategy under paragraph (1) shall--
``(A) demonstrate--
``(i) transformative activities in
communities that--
``(I) reduce barriers to housing
development, including affordable
housing; and
``(II) increase housing supply
affordability and elasticity; and
``(ii) strong connections between housing,
transportation, and workforce planning;
``(B) include, as appropriate, policies relating to
inclusive land use, such as--
``(i) for the purpose of adding affordable
units, increasing both the percentage and
absolute number of affordable units--
``(I) authorizing high-density and
multifamily zoning;
``(II) eliminating off-street
parking requirements;
``(III) establishing density
bonuses;
``(IV) streamlining or shortening
permitting processes and timelines;
``(V) removing height limitations;
``(VI) establishing by-right
development;
``(VII) using property tax
abatements; and
``(VIII) relaxing lot size
restrictions;
``(ii) prohibiting source of income
discrimination;
``(iii) taxing vacant land or donating
vacant land to nonprofit developers;
``(iv) allowing accessory dwelling units;
``(v) establishing development tax or value
capture incentives; and
``(vi) prohibiting landlords from asking
prospective tenants for their criminal history;
and
``(C) provide that affordable housing units should,
to the maximum extent practicable--
``(i) be designated as affordable for not
less than 30 years;
``(ii) comprise not less than 20 percent of
the new housing stock in the community; and
``(iii) be accessible to the population
served by the program established under this
title.''.
SEC. 41103. REFUNDABLE CREDIT FOR RENT COSTS OF ELIGIBLE INDIVIDUALS.
(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 36 the following new section:
``SEC. 36A. RENT COSTS OF ELIGIBLE INDIVIDUALS.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the excess of--
``(1) the lesser of--
``(A) the mean fair market rental amount with
respect to the individual, or
``(B) the rent paid during the taxable year by the
individual (and, if married, the individual's spouse)
for the principal residence of the individual, over
``(2) an amount equal to 30 percent of the adjusted gross
income of the taxpayer for the taxable year.
``(b) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if the rent paid during the taxable year by the
individual (and, if married, the individual's spouse) for the
principal residence of the individual exceeds 30 percent of the
adjusted gross income of the taxpayer for the taxable year.
``(2) Exceptions.--Such term shall not include any
individual if--
``(A) the individual does not include on the return
of tax for the taxable year such individual's taxpayer
identification number and, if married, the taxpayer
identification number of such individual's spouse, or
``(B) a deduction under section 151 with respect to
such individual is allowable to another taxpayer for
the taxable year.
``(3) Married individuals.--Such term shall include an
individual who is married only if a joint return is filed for
the taxable year.
``(4) Special rules.--
``(A) Principal residence.--The term `principal
residence' has the same meaning as when used in section
121.
``(B) Married.--Marital status shall be determined
under section 7703.
``(c) Mean Fair Market Rental Amount.--For purposes of this
section, with respect to an individual, the mean fair market rental
amount for a taxable year is the fair market rent (including the
utility allowance) published by the Department of Housing and Urban
Development for purposes of the Housing Choice Voucher Program, under
the rule published in the Federal Register on November 16, 2016 (81
Fed. Reg. 80567), for the same area and a comparable rental unit as the
individual's principal residence.
``(d) Rent.--For purposes of this section, rent paid includes any
amount paid for utilities of a type taken into account for purposes of
determining the utility allowance under section 42(g)(2)(B)(ii).''.
(b) Clerical Amendment.--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 by inserting after the item relating to section 36 the
following new item:
``Sec. 36A. Rent costs of eligible individuals.''.
(c) Conforming Amendment.--Section 6211(b)(4)(A) of the Internal
Revenue Code of 1986 is amended by inserting ``, 36A'' after ``36''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this subtitle.
(e) Report.--Not later than 2 years after the date of the enactment
of this subtitle, the Secretary of the Treasury shall submit to
Congress a report on the credit allowed under section 36A of the
Internal Revenue Code of 1986 (as added by subsection (a)), including
on whether taxpayers are fraudulently claiming such credit.
SEC. 41104. REFUND TO RAINY DAY SAVINGS PROGRAM.
(a) In General.--Not later than December 31, 2021, the Secretary of
the Treasury or the Secretary's delegate (referred to in this section
as the ``Secretary'') shall establish and implement a program (referred
to in this section as the ``Refund to Rainy Day Savings Program'') to
allow a participating taxpayer, pursuant to the requirements
established under this section, to defer payment on 20 percent of the
amount which would otherwise be refunded to such taxpayer as an
overpayment (as described in section 6401 of the Internal Revenue Code
of 1986).
(b) Period of Deferral.--Except as provided under subsection
(c)(5), a participating taxpayer may elect to defer payment of the
amount described in subsection (a) and have such amount deposited in
the Rainy Day Fund (as described in subsection (c)).
(c) Rainy Day Fund.--
(1) In general.--The Secretary shall establish a fund, in
such manner as the Secretary determines to be appropriate, to
be known as the ``Rainy Day Fund'', consisting of any amounts
described in subsection (a) on which payment has been deferred
by participating taxpayers.
(2) Investment.--Any amounts deposited in the Rainy Day
Fund shall be invested by the Secretary, in coordination with
the Bureau of the Fiscal Service of the Department of the
Treasury, in United States Treasury bills issued under chapter
31 of title 31, United States Code, with maturities suitable
for the needs of the Fund and selected so as to provide the
highest return on investment for participating taxpayers.
(3) Disbursements from fund.--
(A) In general.--On the date that is 180 days after
receipt of the individual income tax return of a
participating taxpayer, the amounts in the Rainy Day
Fund shall be made available to the Secretary to
distribute to such taxpayer in an amount equal to the
amount deferred by such taxpayer under subsection (a)
and any interest accrued on such amount (as determined
under paragraph (4)).
(B) Distributed to bank account.--The amounts
described in subparagraph (A) shall be distributed to
the bank account identified by the participating
taxpayer under subsection (d)(3).
(4) Interest accrued.--The amount of interest accrued on
the amount deferred by a participating taxpayer under
subsection (a) shall be determined by the Secretary, in
coordination with the Bureau of the Fiscal Service of the
Department of the Treasury, based upon the return on the
investment of such amounts under paragraph (2).
(5) Early withdrawal.--
(A) In general.--On any date during the period
between the date which is 30 days after receipt by the
Secretary of the individual income tax return of the
participating taxpayer and October 15 of the applicable
year, such taxpayer may elect to terminate the deferral
of the amount described under subsection (a) and
receive a distribution from the Rainy Day Fund equal to
such amount and any interest which has accrued on such
amount up to that date.
(B) Complete withdrawal.--A participating taxpayer
making an election under subparagraph (A) must
terminate deferral of the full amount described under
subsection (a), and such amount shall be distributed to
the bank account identified by the participating
taxpayer under subsection (d)(3).
(d) Participating Taxpayer.--For purposes of this section, the term
``participating taxpayer'' means a taxpayer who--
(1) has not requested or received an extension of the time
for payment of taxes for such taxable year under section 6161
of the Internal Revenue Code of 1986;
(2) prior to the due date for filing the return of tax for
such taxable year, elects to participate in the Refund to Rainy
Day Savings Program; and
(3) provides the Secretary with a bank account number and
any other financial information deemed necessary by the
Secretary for purposes of paragraphs (3)(B) and (5)(B) of
subsection (c).
(e) Forms.--The Secretary shall ensure that the election to defer
payment of the amount described in subsection (a) may be claimed on
Forms 1040, 1040A, and 1040EZ.
(f) Implementation.--
(1) Educational materials and outreach.--The Secretary
shall--
(A) design educational materials for taxpayers
regarding financial savings and the Refund to Rainy Day
Savings Program;
(B) publicly disseminate and distribute such
materials during the first calendar quarter of each
calendar year and following disbursement of amounts
described in subsection (c)(3); and
(C) engage in outreach regarding the Refund to
Rainy Day Savings Program to the Volunteer Income Tax
Assistance program and paid tax preparers.
(2) Information for participating taxpayers.--The Secretary
shall ensure that a participating taxpayer is able to
electronically verify the status of the amount deferred by such
taxpayer under subsection (a), including any interest accrued
on such amount and the status of any distribution.
(3) Federally funded benefits.--Any amounts described in
subsection (a) which are distributed to a participating
taxpayer, including any interest accrued on such amount, shall
be treated in the same manner as any refund made to such
taxpayer under section 32 of the Internal Revenue Code of 1986
for purposes of determining the eligibility of such taxpayer
for benefits or assistance, or the amount or extent of benefits
or assistance, under any Federal program or under any State or
local program financed in whole or in part with Federal funds.
Subtitle L--Lead-Safe Housing For Kids
SEC. 41201. SHORT TITLE.
This subtitle may be cited as the ``Lead-Safe Housing for Kids Act
of 2020''.
SEC. 41202. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION
ACT.
Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42
U.S.C. 4822(a)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Additional procedures for families with children
under the age of 6.--
``(A) Risk assessment.--
``(i) Definition.--In this subparagraph,
the term `covered housing'--
``(I) means housing receiving
Federal assistance described in
paragraph (1) that was constructed
prior to 1978; and
``(II) does not include--
``(aa) single-family
housing covered by an
application for mortgage
insurance under the National
Housing Act (12 U.S.C. 1701 et
seq.); or
``(bb) multi-family housing
that--
``(AA) is covered
by an application for
mortgage insurance
under the National
Housing Act (12 U.S.C.
1701 et seq.); and
``(BB) does not
receive any other
Federal housing
assistance.
``(ii) Regulations.--Not later than 180
days after the date of enactment of the Lead-
Safe Housing for Kids Act of 2020, the
Secretary shall promulgate regulations that--
``(I) require the owner of covered
housing in which a family with a child
of less than 6 years of age will reside
or is expected to reside to conduct an
initial risk assessment for lead-based
paint hazards--
``(aa) in the case of
covered housing receiving
tenant-based rental assistance
under section 8 of the United
States Housing Act of 1937 (42
U.S.C. 1437f), not later than
15 days after the date on which
the family and the owner submit
a request for approval of a
tenancy;
``(bb) in the case of
covered housing receiving
public housing assistance under
the United States Housing Act
of 1937 (42 U.S.C. 1437 et
seq.) or project-based rental
assistance under section 8 of
the United States Housing Act
of 1937 (42 U.S.C. 1437f), not
later than 15 days after the
date on which a physical
condition inspection occurs;
and
``(cc) in the case of
covered housing not described
in item (aa) or (bb), not later
than a date established by the
Secretary;
``(II) provide that a visual
assessment alone is not sufficient for
purposes of complying with subclause
(I);
``(III) require that, if lead-based
paint hazards are identified by an
initial risk assessment conducted under
subclause (I), the owner of the covered
housing shall--
``(aa) not later than 30
days after the date on which
the initial risk assessment is
conducted, control the lead-
based paint hazards, including
achieving clearance in
accordance with regulations
promulgated under section 402
or 404 of the Toxic Substances
Control Act (15 U.S.C. 2682,
2684), as applicable; and
``(bb) provide notice to
all residents in the covered
housing affected by the initial
risk assessment, and provide
notice in the common areas of
the covered housing, that lead-
based paint hazards were
identified and will be
controlled within the 30-day
period described in item (aa);
and
``(IV) provide that there shall be
no extension of the 30-day period
described in subclause (III)(aa).
``(iii) Exceptions.--The regulations
promulgated under clause (ii) shall provide an
exception to the requirement under subclause
(I) of such clause for covered housing--
``(I) if the owner of the covered
housing submits to the Secretary
documentation--
``(aa) that the owner
conducted a risk assessment of
the covered housing for lead-
based paint hazards during the
12-month period preceding the
date on which the family is
expected to reside in the
covered housing; and
``(bb) of any clearance
examinations of lead-based
paint hazard control work
resulting from the risk
assessment described in item
(aa);
``(II) from which all lead-based
paint has been identified and removed
and clearance has been achieved in
accordance with regulations promulgated
under section 402 or 404 of the Toxic
Substances Control Act (15 U.S.C. 2682,
2684), as applicable;
``(III)(aa) if lead-based paint
hazards are identified in the dwelling
unit in the covered housing in which
the family will reside or is expected
to reside;
``(bb) the dwelling unit is
unoccupied;
``(cc) the owner of the covered
housing, without any further delay in
occupancy or increase in rent, provides
the family with another dwelling unit
in the covered housing that has no
lead-based paint hazards; and
``(dd) the common areas servicing
the new dwelling unit have no lead-
based paint hazards; and
``(IV) in accordance with any other
standard or exception the Secretary
deems appropriate based on health-based
standards.
``(B) Relocation.--Not later than 180 days after
the date of enactment of the Lead-Safe Housing for Kids
Act of 2020, the Secretary shall promulgate regulations
to provide that a family with a child of less than 6
years of age that occupies a dwelling unit in covered
housing in which lead-based paint hazards were
identified, but not controlled in accordance with
regulations required under clause (ii), may relocate on
an emergency basis and without placement on any
waitlist, penalty (including rent payments to be made
for that dwelling unit), or lapse in assistance to--
``(i) a dwelling unit that was constructed
in 1978 or later; or
``(ii) another dwelling unit in covered
housing that has no lead-based paint
hazards.''.
SEC. 41203. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the amendments
made by section 41202 such sums as may be necessary for each of fiscal
years 2022 through 2026.
Subtitle M--GROW Affordable Housing
SEC. 41301. SHORT TITLES.
This subtitle may be cited as the ``Generating Resources and
Opportunities Within Affordable Housing Act'' or the ``GROW Affordable
Housing Act''.
SEC. 41302. AFFORDABLE HOUSING ALLOCATIONS.
Section 1337(a) of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4567(a)) is amended by striking
``4.2 basis points'' each place such term appears and inserting ``10
basis points''.
Subtitle N--Expanding Opportunity for MDIs
SEC. 41401. SHORT TITLE.
This subtitle may be cited as the ``Expanding Opportunity for
Minority Depository Institutions Act'' or the ``Expanding Opportunity
for MDIs Act''.
SEC. 41402. ESTABLISHMENT OF FINANCIAL AGENT MENTOR-PROTEGE PROGRAM.
(a) In General.--Section 308 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 new subsection:
``(d) Financial Agent Mentor-Protege Program.--
``(1) In general.--The Secretary of the Treasury shall
establish a program to be known as the `Financial Agent Mentor-
Protege 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 such 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) 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.
``(4) 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 information
pertaining to the Program, including--
``(A) the number of financial agents, large
financial institutions, and small financial
institutions participating in such Program; and
``(B) the number of outreach events described in
paragraph (2) held during the year covered by such
report.
``(5) Definitions.--In this subsection:
``(A) 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 Government.
``(B) 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
greater than or equal to $50,000,000,000.
``(C) 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 lesser than or equal
to $2,000,000,000; or
``(ii) a minority depository
institution.''.
(b) Effective Date.--This subtitle and the amendments made by this
subtitle shall take effect 90 days after the date of the enactment of
this subtitle.
Subtitle O--Closing the Racial Wealth Gap
SEC. 41501. SHORT TITLE.
This subtitle may be cited as the ``Closing the Racial Wealth Gap
Act of 2020''.
SEC. 41502. FINDINGS.
Congress finds that:
(1) Between 1983 and 2016, the median Black family saw
their wealth drop by more than half after adjusting for
inflation, compared to a 33 percent increase for the median
White household.
(2) The Forbes 400 richest Americans own more wealth than
all Black households plus a quarter of Latinx households.
(3) Black families are about 20 times more likely to have
zero or negative wealth (37 percent) than they are to have $1
million or more in assets (1.9 percent).
(4) Latinx families are 14 times more likely to have zero
or negative wealth (32.8 percent) than they are to reach the
millionaire threshold (2.3 percent).
(5) White families are equally likely to have zero or
negative wealth (about 15 percent) as they are to be a
millionaire (15 percent).
(6) The rate of home ownership for Black families is the
same today in 2019 as it was before passage of the Fair Housing
Act of 1968.
(7) The racial wealth gap is not an accident or the result
of inadvisable financial choices by people of color, rather it
is the result of the centuries of policies, programs, Supreme
Court decisions and institutional practices that were designed
to create barriers or to strip wealth from people of color.
(8) Adjustments to Black and Latinx education rates,
homeownership, savings and employment do not greatly reduce the
racial wealth divide due to the structural underpinnings
holding the racial wealth divide in place.
(9) To understand and address the racial wealth gap, many
experts believe we need federally funded data collection
efforts with the ability to disaggregate sample sizes by race,
ethnicity, tribal affiliation, and country of birth.
(10) Analytical tools like the ``Racial Wealth Audit'' from
the Institute on Assets and Social Policy (IASP) and the
``Racial Equity Toolkit'' from the Government Alliance on
Racial Equity (GARE) are needed to provide a framework to
assess how legislation will widen or narrow the racial wealth
divide.
(11) Changes in individual behavior will not close the
racial wealth divide, only structural systemic policy change.
SEC. 41503. DATA COLLECTION ON RACE AND WEALTH.
Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is
amended by inserting before paragraph (12) the following:
``(11) Data collection on race and wealth.--The Board of
Governors of the Federal Reserve System shall, in carrying out
any Survey of Consumer Finances or Survey of Household
Economics and Decisionmaking, including the collection of
localized data, collect information on household assets and
debt disaggregated by respondent race, ethnicity, tribal
affiliation, and ancestral origin.''.
Subtitle P--Housing Financial Literacy
SEC. 41601. SHORT TITLE.
This subtitle may be cited as the ``Housing Financial Literacy Act
of 2020''.
SEC. 41602. DISCOUNT ON MORTGAGE INSURANCE PREMIUM PAYMENTS FOR FIRST-
TIME HOMEBUYERS WHO COMPLETE FINANCIAL LITERACY HOUSING
COUNSELING PROGRAMS.
The second sentence of subparagraph (A) of section 203(c)(2) of the
National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended--
(1) by inserting before the comma the following: ``and such
program is completed before the mortgagor has signed an
application for a mortgage to be insured under this title or a
sales agreement''; and
(2) by striking ``not exceed 2.75 percent of the amount of
the original insured principal obligation of the mortgage'' and
inserting ``be 25 basis points lower than the premium payment
amount established by the Secretary under the first sentence of
this subparagraph''.
Subtitle Q--Rent Relief
SEC. 41701. SHORT TITLE.
This subtitle may be cited as the ``Rent Relief Act of 2020''.
SEC. 41702. REFUNDABLE CREDIT FOR RENT PAID FOR PRINCIPAL RESIDENCE.
(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. RENT PAID FOR PRINCIPAL RESIDENCE.
``(a) In General.--In the case of an individual who leases the
individual's principal residence (within the meaning of section 121)
during the taxable year and who pays rent with respect to such
residence in excess of 30 percent of the taxpayer's gross income for
such taxable year, there shall be allowed as a credit against the tax
imposed by this subtitle for such taxable year an amount equal to the
applicable percentage of such excess.
``(b) Credit Limited by 100 Percent of Small Area Fair Market
Rent.--Solely for purposes of determining the amount of the credit
allowed under subsection (a) with respect to a residence for the
taxable year, there shall not be taken into account rent in excess of
an amount equal to 100 percent of the small area fair market rent
(including the utility allowance) applicable to the residence involved
(as most recently published, as of the beginning of the taxable year,
by the Department of Housing and Urban Development).
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Applicable percentage.--
``(A) In general.--Except as provided in
subparagraph (B), the applicable percentage shall be
determined in accordance with the following table:
The applicable
``If gross income is: percentage is:
Not over $25,000............................. 100 percent
Over $25,000, but not over $50,000........... 75 percent
Over $50,000, but not over $75,000........... 50 percent
Over $75,000, but not over $100,000.......... 25 percent
Over $100,000................................ 0 percent.
``(B) High-cost areas.--In the case of an
individual whose principal residence is located in an
area for which, under the rule published in the Federal
Register on November 16, 2016 (81 Fed. Reg. 80567), the
small area fair market rent is used for purposes of the
Housing Choice Voucher Program, each of the dollar
amounts in the table contained in subparagraph (A)
shall be increased by $25,000.
``(2) Partial year residence.--The Secretary shall
prescribe such rules as are necessary to carry out the purposes
of this section for taxpayers with respect to whom a residence
is a principal residence for only a portion of the taxable
year.
``(3) Special rule for individuals residing in government-
subsidized housing.--In the case of a principal residence--
``(A) the rent with respect to which is subsidized
under a Federal, State, local, or tribal program, and
``(B) with respect to which the taxpayer elects the
application of this paragraph,
in lieu of the credit determined under subsection (a), there
shall be allowed as a credit against the tax imposed by this
subtitle for such taxable year an amount equal to \1/12\ of the
amount of rent paid by the taxpayer (and not subsidized under
any such program) during the taxable year with respect to such
residence.
``(4) Rent.--The term `rent' includes any amount paid for
utilities of a type taken into account for purposes of
determining the utility allowance under section
42(g)(2)(B)(ii).
``(d) Reconciliation of Credit and Advance Payments.--The amount of
the credit allowed under this section for any taxable year shall be
reduced (but not below zero) by the aggregate amount of any advance
payments of such credit under section 7527A for such taxable year.''.
(b) Advance Payment.--Chapter 77 of the Internal Revenue Code of
1986 is amended by inserting after section 7527 the following new
section:
``SEC. 7527A. ADVANCE PAYMENT OF MIDDLE CLASS TAX CREDIT.
``(a) In General.--Not later than 6 months after the date of the
enactment of the Rent Relief Act of 2019, the Secretary shall establish
a program for making advance payments of the credit allowed under
section 36C on a monthly basis to any taxpayer who--
``(1) the Secretary has determined will be allowed such
credit for the taxable year, and
``(2) has made an election under subsection (c).
``(b) Amount of Advance Payment.--
``(1) In general.--For purposes of subsection (a), the
amount of the monthly advance payment of the credit provided to
a taxpayer during the applicable period shall be equal to the
lesser of--
``(A) an amount equal to--
``(i) the amount of the credit which the
Secretary has determined will be allowed to
such taxpayer under section 36C for the taxable
year ending in such applicable period, divided
by
``(ii) 12, or
``(B) such other amount as is elected by the
taxpayer.
``(2) Applicable period.--For purposes of this section, the
term `applicable period' means the 12-month period from the
month of July of the taxable year through the month of June of
the subsequent taxable year.
``(c) Election of Advance Payment.--A taxpayer may elect to receive
an advance payment of the credit allowed under section 36C for any
taxable year by including such election on a timely filed return for
the preceding taxable year.
``(d) Internal Revenue Service Notification.--The Internal Revenue
Service shall take such steps as may be appropriate to ensure that
taxpayers who are eligible to receive the credit under section 36C are
aware of the availability of the advance payment of such credit under
this section.
``(e) Authority.--The Secretary may prescribe such regulations or
other guidance as may be appropriate or necessary for the purposes of
carrying out this section.''.
(c) Clerical Amendments.--
(1) In general.--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 by inserting after the item relating to
section 36B the following new item:
``Sec. 36C. Rent paid for principal residence.''.
(2) Advance payment.--The table of sections for chapter 77
of such Code is amended by inserting after the item relating to
section 7527 the following new item:
``Sec. 7527A. Advance payment of middle class tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning after December 31, 2022.
Subtitle R--Safe Housing For Families
SEC. 41801. SHORT TITLE.
This subtitle may be cited as the ``Safe Housing for Families
Act''.
SEC. 41802. CARBON MONOXIDE DETECTORS IN FEDERALLY ASSISTED HOUSING.
(a) Supportive Housing for the Elderly.--Section 202(j) of the
Housing Act of 1949 (12 U.S.C. 1701q(j)) is amended by adding at the
end the following:
``(9) Carbon monoxide detectors.--
``(A) In general.--Each owner of a dwelling unit
assisted under this section shall ensure that not less
than 1 carbon monoxide detector is installed per floor
in the dwelling unit in accordance with standards and
criteria acceptable to the Secretary for the protection
of occupants in the dwelling unit.
``(B) Rehabilitation.--Each owner of a dwelling
unit assisted under this section that is located in a
property that is undergoing or planning a substantial
rehabilitation project shall ensure that, during that
rehabilitation, not less than 1 carbon monoxide
detector is installed per floor in the dwelling unit in
accordance with standards and criteria acceptable to
the Secretary for the protection of occupants in the
dwelling unit.''.
(b) Supportive Housing for Persons With Disabilities.--Section
811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(j)) is amended by adding at the end the following:
``(7) Carbon monoxide detectors.--
``(A) In general.--Each dwelling unit assisted
under this section shall contain not less than 1 carbon
monoxide detector installed per floor of the dwelling
unit in accordance with standards and criteria
acceptable to the Secretary for the protection of
occupants in the dwelling unit.
``(B) Rehabilitation.--Each dwelling unit assisted
under this section that is located in a property that
is undergoing or planning a substantial rehabilitation
project shall, during that rehabilitation, have
installed not less than 1 carbon monoxide detector per
floor of the dwelling unit in accordance with standards
and criteria acceptable to the Secretary for the
protection of occupants in the dwelling unit.''.
(c) Public and Section 8 Housing.--The United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) is amended--
(1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
end the following:
``(8) Carbon monoxide detectors.--
``(A) In general.--Each public housing agency shall
ensure, for each dwelling unit in public housing owned
or operated by the public housing agency, that not less
than 1 carbon monoxide detector is installed per floor
in the dwelling unit in accordance with standards and
criteria acceptable to the Secretary for the protection
of occupants in the dwelling unit.
``(B) Rehabilitation.--With respect to public
housing for which a public housing agency is undergoing
or planning a substantial rehabilitation project, the
public housing agency shall ensure that, during that
rehabilitation, not less than 1 carbon monoxide
detector is installed per floor in each dwelling unit
located in that public housing in accordance with
standards and criteria acceptable to the Secretary for
the protection of occupants in the dwelling unit.'';
and
(2) in section 8(o) (42 U.S.C. 1437f(o)), by adding at the
end the following:
``(21) Carbon monoxide detectors.--
``(A) In general.--Each owner of a dwelling unit
receiving tenant-based assistance or project-based
assistance under this subsection shall ensure that not
less than 1 carbon monoxide detector is installed per
floor in the dwelling unit in accordance with standards
and criteria acceptable to the Secretary for the
protection of occupants in the dwelling unit.
``(B) Rehabilitation.--With respect to a property
receiving tenant-based assistance or project-based
assistance for which the owner is undergoing or
planning a substantial rehabilitation project, the
owner shall ensure that, during that rehabilitation,
not less than 1 carbon monoxide detector is installed
per floor in each dwelling unit assisted in that
property in accordance with standards and criteria
acceptable to the Secretary for the protection of
occupants in the dwelling unit.''.
(d) Additional Funding.--There are authorized to be appropriated to
carry out the amendments made by this subtitle $1,000,000 for each of
fiscal years 2022 through 2031.
Subtitle S--COVID-19 Mortgage Relief
SEC. 41901. MORTGAGE RELIEF.
(a) Short Title.--This section may be cited as the ``COVID-19
Mortgage Relief Act''.
(b) Mortgage Relief.--
(1) Forbearance and foreclosure moratorium for covered
mortgage loans.--Section 4022 of the CARES Act (15 U.S.C. 9056)
is amended--
(A) by striking ``Federally backed mortgage loan''
each place such term appears and inserting ``covered
mortgage loan''; and
(B) in subsection (a)--
(i) by amending paragraph (2) to read as
follows:
``(2) Covered mortgage loan.--The term `covered mortgage
loan' means any credit transaction that is secured by a
mortgage, deed of trust, or other equivalent consensual
security interest on a 1- to 4-unit dwelling or on residential
real property that includes a 1- to 4-unit dwelling, except
that it shall not include a credit transaction under an open
end credit plan other than a reverse mortgage.''; and
(ii) by adding at the end the following:
``(3) Covered period.--With respect to a loan, the term
`covered period' means the period beginning on the date of
enactment of this Act and ending 12 months after such date of
enactment.''.
(2) Automatic forbearance for delinquent borrowers.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (5) of this subsection, is further amended
by adding at the end the following:
``(9) Automatic forbearance for delinquent borrowers.--
``(A) In general.--Notwithstanding any other law
governing forbearance relief--
``(i) any borrower whose covered mortgage
loan became 60 days delinquent between March
13, 2021, and the date of enactment of this
paragraph, and who has not already received a
forbearance under subsection (b), shall
automatically be granted a 60-day forbearance
that begins on the date of enactment of this
paragraph, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement; and
``(ii) any borrower whose covered mortgage
loan becomes 60 days delinquent between the
date of enactment of this paragraph and the end
of the covered period, and who has not already
received a forbearance under subsection (b),
shall automatically be granted a 60-day
forbearance that begins on the 60th day of
delinquency, provided that a borrower shall not
be considered delinquent for purposes of this
paragraph while making timely payments or
otherwise performing under a trial modification
or other loss mitigation agreement.
``(B) Initial extension.--An automatic forbearance
provided under subparagraph (A) shall be extended for
up to an additional 120 days upon the borrower's
request, oral or written, submitted to the borrower's
servicer affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(C) Subsequent extension.--A forbearance extended
under subparagraph (B) shall be extended for up to an
additional 180 days, up to a maximum of 360 days
(including the period of automatic forbearance), upon
the borrower's request, oral or written, submitted to
the borrower's servicer affirming that the borrower is
experiencing a financial hardship that prevents the
borrower from making timely payments on the covered
mortgage loan due, directly or indirectly, to the
COVID-19 emergency.
``(D) Right to elect to continue making payments.--
With respect to a forbearance provided under this
paragraph, the borrower of such loan may elect to
continue making regular payments on the loan. A
borrower who makes such election shall be offered a
loss mitigation option pursuant to subsection (d)
within 30 days of resuming regular payments to address
any payment deficiency during the forbearance.
``(E) Right to shorten forbearance.--At a
borrower's request, any period of forbearance provided
under this paragraph may be shortened. A borrower who
makes such a request shall be offered a loss mitigation
option pursuant to subsection (d) within 30 days of
resuming regular payments to address any payment
deficiency during the forbearance.
``(10) Automatic forbearance for certain reverse mortgage
loans.--
``(A) In general.--When any covered mortgage loan
which is also a federally insured reverse mortgage
loan, during the covered period, is due and payable due
to the death of the last borrower or end of a deferral
period or eligible to be called due and payable due to
a property charge default, or if the borrower defaults
on a property charge repayment plan, or if the borrower
defaults for failure to complete property repairs, or
if an obligation of the borrower under the Security
Instrument is not performed, the mortgagee
automatically shall be granted a six-month extension
of--
``(i) the mortgagee's deadline to request
due and payable status from the Department of
Housing and Urban Development;
``(ii) the mortgage's deadline to send
notification to the mortgagor or his or her
heirs that the loan is due and payable;
``(iii) the deadline to initiate
foreclosure;
``(iv) any reasonable diligence period
related to foreclosure or the Mortgagee
Optional Election;
``(v) if applicable, the deadline to obtain
the due and payable appraisal; and
``(vi) any claim submission deadline,
including the 6-month acquired property
marketing period.
``(B) Forbearance period.--The mortgagee shall not
request due and payable status from the Secretary of
Housing and Urban Development nor initiate foreclosure
during this six-month period described under
subparagraph (A), which shall be considered a
forbearance period.
``(C) Extension.--A forbearance provided under
subparagraph (B) and related deadline extension
authorized under subparagraph (A) shall be extended for
an additional 180 days upon--
``(i) the borrower's request, oral or
written, submitted to the borrower's servicer
affirming that the borrower is experiencing a
financial hardship that prevents the borrower
from making payments on property charges,
completing property repairs, or performing an
obligation of the borrower under the Security
Instrument due, directly or indirectly, to the
COVID-19 emergency;
``(ii) a non-borrowing spouse's request,
oral or written, submitted to the servicer
affirming that the non-borrowing spouse has
been unable to satisfy all criteria for the
Mortgagee Optional Election program due,
directly or indirectly, to the COVID-19
emergency, or to perform all actions necessary
to become an eligible non-borrowing spouse
following the death of all borrowers; or
``(iii) a successor-in-interest of the
borrower's request, oral or written, submitted
to the servicer affirming the heir's difficulty
satisfying the reverse mortgage loan due,
directly or indirectly, to the COVID-19
emergency.
``(D) Curtailment of debenture interest.--Where any
covered mortgage loan which is also a federally insured
reverse mortgage loan is in default during the covered
period and subject to a prior event which provides for
curtailment of debenture interest in connection with a
claim for insurance benefits, the curtailment of
debenture interest shall be suspended during any
forbearance period provided herein.''.
(3) Additional foreclosure and repossession protections.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is
amended--
(A) in paragraph (2), by striking ``may not
initiate any judicial or non-judicial foreclosure
process, move for a foreclosure judgment or order of
sale, or execute a foreclosure-related eviction or
foreclosure sale for not less than the 60-day period
beginning on March 18, 2021'' and inserting ``may not
initiate or proceed with any judicial or non-judicial
foreclosure process, schedule a foreclosure sale, move
for a foreclosure judgment or order of sale, execute a
foreclosure related eviction or foreclosure sale for
six months after the date of enactment of the COVID-19
HERO Act''; and
(B) by adding at the end the following:
``(3) Repossession moratorium.--In the case of personal
property, including any recreational or motor vehicle, used as
a dwelling, no person may use any judicial or non-judicial
procedure to repossess or otherwise take possession of such
property for six months after date of enactment of this
paragraph.''.
(4) Mortgage forbearance reforms.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended--
(A) in subsection (b), by striking paragraphs (1),
(2), and (3) and inserting the following:
``(1) In general.--During the covered period, a borrower
with a covered mortgage loan who has not obtained automatic
forbearance pursuant to this section and who is experiencing a
financial hardship that prevents the borrower from making
timely payments on the covered mortgage loan due, directly or
indirectly, to the COVID-19 emergency may request forbearance
on the loan, regardless of delinquency status, by--
``(A) submitting a request, orally or in writing,
to the servicer of the loan; and
``(B) affirming that the borrower is experiencing a
financial hardship that prevents the borrower from
making timely payments on the covered mortgage loan
due, directly or indirectly, to the COVID-19 emergency.
``(2) Duration of forbearance.--
``(A) In general.--Upon a request by a borrower to
a servicer for forbearance under paragraph (1), such
forbearance shall be granted by the servicer for the
period requested by the borrower, up to an initial
length of 180 days, the length of which shall be
extended by the servicer, at the request of the
borrower for the period or periods requested, for a
total forbearance period of up to 12 months.
``(B) Minimum forbearance amounts.--For purposes of
granting a forbearance under this paragraph, a servicer
may grant an initial forbearance with a term of not
less than 90 days, provided that it is automatically
extended for an additional 90 days unless the servicer
confirms the borrower does not want to renew the
forbearance or that the borrower is no longer
experiencing a financial hardship that prevents the
borrower from making timely mortgage payments due,
directly or indirectly, to the COVID-19 emergency.
``(C) Right to shorten forbearance.--At a
borrower's request, any period of forbearance described
under this paragraph may be shortened. A borrower who
makes such a request shall be offered a loss mitigation
option pursuant to subsection (d) within 30 days of
resuming regular payments to address any payment
deficiency during the forbearance.
``(3) Accrual of interest or fees.--A servicer shall not
charge a borrower any fees, penalties, or interest (beyond the
amounts scheduled or calculated as if the borrower made all
contractual payments on time and in full under the terms of the
mortgage contract) in connection with a forbearance, provided
that a servicer may offer the borrower a modification option at
the end of a forbearance period granted hereunder that includes
the capitalization of past due principal and interest and
escrow payments as long as the borrower's principal and
interest payment under such modification remains at or below
the contractual principal and interest payments owed under the
terms of the mortgage contract before such forbearance period
except as the result of a change in the index of an adjustable
rate mortgage.
``(4) Communication with servicers.--Any communication
between a borrower and a servicer described under this section
may be made in writing or orally, at the borrower's choice.
``(5) Communication with borrowers with a disability.--Upon
request from a borrower, servicers shall communicate with
borrowers who have a disability in the borrower's preferred
method of communication. For purposes of this paragraph, the
term `disability' has the meaning given that term in the Fair
Housing Act, the Americans with Disabilities Act of 1990, or
the Rehabilitation Act of 1973.''; and
(B) in subsection (c), by amending paragraph (1) to
read as follows:
``(1) No documentation required.--A servicer of a covered
mortgage loan shall not require any documentation with respect
to a forbearance under this section other than the borrower's
affirmation (oral or written) to a financial hardship that
prevents the borrower from making timely payments on the
covered mortgage loan due, directly or indirectly, to the
COVID-19 emergency. An oral request for forbearance and oral
affirmation of hardship by the borrower shall be sufficient for
the borrower to obtain or extend a forbearance.''.
(5) Other servicer requirements during forbearance.--
Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as
amended by paragraph (3) of this subsection, is further amended
by adding at the end the following:
``(4) Forbearance terms notice.--Within 30 days of a
servicer of a covered mortgage loan providing forbearance to a
borrower under subsection (b) or paragraph (9) or (10), or 10
days if the forbearance is for a term of less than 60 days, but
only where the forbearance was provided in response to a
borrower's request for forbearance or when an automatic
forbearance was initially provided under paragraph (9) or (10),
and not when an existing forbearance is automatically extended,
the servicer shall provide the borrower with a notice in
accordance with the terms in paragraph (5).
``(5) Contents of notice.--The written notice required
under paragraph (4) shall state in plain language--
``(A) the specific terms of the forbearance;
``(B) the beginning and ending dates of the
forbearance;
``(C) that the borrower is eligible for up to 12
months of forbearance;
``(D) that the borrower may request an extension of
the forbearance unless the borrower will have reached
the maximum period at the end of the forbearance;
``(E) that the borrower may request that the
initial or extended period be shortened at any time;
``(F) that the borrower should contact the servicer
before the end of the forbearance period;
``(G) a description of the loss mitigation options
that may be available to the borrower at the end of the
forbearance period based on the borrower's specific
loan;
``(H) information on how to find a housing
counseling agency approved by the Department of Housing
and Urban Development;
``(I) in the case of a forbearance provided
pursuant to paragraph (9) or (10), that the forbearance
was automatically provided and how to contact the
servicer to make arrangements for further assistance,
including any renewal; and
``(J) where applicable, that the forbearance is
subject to an automatic extension including the terms
of any such automatic extensions and when any further
extension would require a borrower request.
``(6) Treatment of escrow accounts.--During any forbearance
provided under this section, a servicer shall pay or advance
funds to make disbursements in a timely manner from any escrow
account established on the covered mortgage loan.
``(7) Notification for borrowers.--During the period that
begins 90 days after the date of the enactment of this
paragraph and ends at the end of the covered period, each
servicer of a covered mortgage loan shall be required to--
``(A) make available in a clear and conspicuous
manner on their web page accurate information, in
English and Spanish, for borrowers regarding the
availability of forbearance as provided under
subsection (b); and
``(B) notify every borrower whose payments on a
covered mortgage loan are delinquent in any oral
communication with or to the borrower that the borrower
may be eligible to request forbearance as provided
under subsection (b), except that such notice shall not
be required if the borrower already has requested
forbearance under subsection (b).
``(8) Certain treatment under respa.--As long as a
borrower's payment on a covered mortgage loan was not more than
30 days delinquent on March 13, 2021, a servicer may not deem
the borrower as delinquent while a forbearance granted under
subsection (b) is in effect for purposes of the application of
sections 6 and 10 of the Real Estate Settlement Procedures Act
and any applicable regulations.''.
(6) Post-forbearance loss mitigation.--
(A) Amendment to cares act.--Section 4022 of the
CARES Act (15 U.S.C. 9056) is amended by adding at the
end the following:
``(d) Post-Forbearance Loss Mitigation.--
``(1) Notice of availability of additional forbearance.--
With respect to any covered mortgage loan as to which
forbearance under this section has been granted and not
otherwise extended, including by automatic extension, a
servicer shall, no later than 30 days before the end of the
forbearance period, in writing, notify the borrower that
additional forbearance may be available and how to request such
forbearance, except that no such notice is required where the
borrower already has requested an extension of the forbearance
period, is subject to automatic extension pursuant to
subsection (b)(2)(B), or no additional forbearance is
available.
``(2) Loss mitigation offer before expiration of
forbearance.--No later than 30 days before the end of any
forbearance period that has not been extended or 30 days after
a request by a consumer to terminate the forbearance, which
time shall be before the servicer initiates or engages in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure, the servicer shall, in
writing--
``(A) offer the borrower a loss mitigation option,
without the charging of any fees or penalties other
than interest, such that the borrower's principal and
interest payment remains the same as it was prior to
the forbearance, subject to any adjustment of the index
pursuant to the terms of an adjustable rate mortgage,
and that either--
``(i) defers the payment of total
arrearages, including any escrow advances, to
the end of the existing term of the loan,
without the charging or collection of any
additional interest on the deferred amounts; or
``(ii) extends the term of the mortgage
loan, and capitalizes, defers, or forgives all
escrow advances and other arrearages,
provided, however, that the servicer may offer the
borrower a loss mitigation option that reduces the
principal and interest payment on the loan and
capitalizes, defers, or forgives all escrow advances or
arrearages if the servicer has information indicating
that the borrower cannot resume the pre-forbearance
mortgage payments; and
``(B) concurrent with the loss mitigation offer in
subparagraph (A), notify the borrower that the borrower
has the right to be evaluated for other loss mitigation
options if the borrower is not able to make the payment
under the option offered in subparagraph (A).
``(3) Evaluation for loss mitigation prior to foreclosure
initiation.--Before a servicer may initiate or engage in any
foreclosure activity listed in subsection (c)(2), including
incurring or charging to a borrower any fees or corporate
advances related to a foreclosure on the basis that the
borrower has failed to perform under the loss mitigation offer
in paragraph (2)(A) within the first 90 days after the option
is offered, including a failure to accept the loss mitigation
offer in paragraph (2)(A), the servicer shall--
``(A) unless the borrower has already submitted a
complete application that the servicer is reviewing--
``(i) notify the borrower in writing of the
documents and information, if any, needed by
the servicer to enable the servicer to consider
the borrower for all available loss mitigation
options; and
``(ii) exercise reasonable diligence to
obtain the documents and information needed to
complete the borrower's loss mitigation
application; and
``(B) upon receipt of a complete application or if,
despite the servicer's exercise of reasonable
diligence, the loss mitigation application remains
incomplete sixty days after the notice in paragraph
(2)(A) is sent, conduct an evaluation of the complete
or incomplete loss mitigation application without
reference to whether the borrower has previously
submitted a complete loss mitigation application and
offer the borrower all available loss mitigation
options for which the borrower qualifies under
applicable investor guidelines, including guidelines
regarding required documentation.
``(4) Effect on future requests for loss mitigation
review.--An application, offer, or evaluation for loss
mitigation under this section shall not be the basis for the
denial of a borrower's application as duplicative or for a
reduction in the borrower's appeal rights under Regulation X
(12 C.F.R. 1024) in regard to any loss mitigation application
submitted after the servicer has complied with the requirements
of paragraphs (2) and (3).
``(5) Safe harbor.--Any loss mitigation option authorized
by the Federal National Mortgage Association, the Federal Home
Loan Corporation, or the Federal Housing Administration that
either--
``(A) defers the payment of total arrearages,
including any escrow advances, to the end of the
existing term of the loan, without the charging or
collection of any additional interest on the deferred
amounts; or
``(B) extends the term of the mortgage loan, and
capitalizes, defers, or forgives all escrow advances
and other arrearages, without the charging of any fees
or penalties beyond interest on any amount capitalized
into the loan principal,
shall be deemed to comply with the requirements of paragraph
(1)(B).
``(6) Home retention options for certain reverse mortgage
loans.--
``(A) In general.--For a covered mortgage loan
which is also a federally insured reverse mortgage
loan, a servicer's conduct shall be deemed to comply
with this section provided that if the loan is eligible
to be called due and payable due to a property charge
default, the mortgagee shall, as a precondition to
sending a due and payable request to the Secretary or
initiating or continuing a foreclosure process--
``(i) make a good faith effort to
communicate with the borrower regarding
available home retention options to cure the
property charge default, including encouraging
the borrower to apply for home retention
options; and
``(ii) consider the borrower for all
available home retention options as allowed by
the Secretary.
``(B) Permissible repayment plans.--The Secretary
shall amend its allowable home retention options to
permit a repayment plan of up to 120 months in length,
and to permit a repayment plan without regard to prior
defaults on repayment plans.
``(C) Limitation on interest curtailment.--The
Secretary may not curtail interest paid to mortgagees
who engage in loss mitigation or home retention actions
through interest curtailment during such loss
mitigation or home retention review or during the
period when a loss mitigation or home retention plan is
in effect and ending 90 days after any such plan
terminates.''.
(B) Amendment to housing act of 1949.--Section 505
of the Housing Act of 1949 (42 U.S.C. 1475) is
amended--
(i) by striking the section heading and
inserting ``loss mitigation and foreclosure
procedures'';
(ii) in subsection (a), by striking the
section designation and all that follows
through ``During any'' and inserting the
following:
``Sec. 505. (a) Moratorium--(1) In determining a borrower's
eligibility for relief, the Secretary shall make all eligibility
decisions based on the borrower's household's income, expenses, and
circumstances.
``(2) During any'';
(iii) by redesignating subsection (b) as
subsection (c); and
(iv) by inserting after subsection (a) the
following new subsection:
``(b) Loan Modification.--(1) Notwithstanding any other provision
of this title, for any loan made under section 502 or 504, the
Secretary may modify the interest rate and extend the term of such loan
for up to 30 years from the date of such modification.
``(2) At the end of any moratorium period granted under this
section or under the COVID-19 HERO Act, the Secretary shall determine
whether the borrower can reasonably resume making principal and
interest payments after the Secretary modifies the borrower's loan
obligations in accordance with paragraph (1).''.
(7) Multifamily mortgage forbearance.--Section 4023 of the
CARES Act (15 U.S.C. 9057) is amended--
(A) by striking ``Federally backed multifamily
mortgage loan'' each place such term appears and
inserting ``multifamily mortgage loan'';
(B) in subsection (b), by striking ``during'' and
inserting ``due, directly or indirectly, to'';
(C) in subsection (c)(1)--
(i) in subparagraph (A), by adding ``and''
at the end; and
(ii) by striking subparagraphs (B) and (C)
and inserting the following:
``(B) provide the forbearance for up to the end of
the period described under section 4024(b).'';
(D) by redesignating subsection (f) as subsection
(g);
(E) by inserting after subsection (e) the
following:
``(f) Treatment After Forbearance.--With respect to a multifamily
mortgage loan provided a forbearance under this section, the servicer
of such loan--
``(1) shall provide the borrower with a 12-month period
beginning at the end of such forbearance to become current on
the payments under such loan;
``(2) may not charge any late fees, penalties, or other
charges with respect to payments on the loan that were due
during the forbearance period, if such payments are made before
the end of the 12-month period; and
``(3) may not report any adverse information to a credit
rating agency (as defined under section 603 of the Fair Credit
Reporting Act with respect to any payments on the loan that
were due during the forbearance period, if such payments are
made before the end of the 12-month period.)''; and
(F) in subsection (g), as so redesignated--
(i) in paragraph (2)--
(I) by striking ``that--'' and all
that follows through ``(A) is secured
by'' and inserting ``that is secured
by'';
(II) by striking ``; and'' and
inserting a period; and
(III) by striking subparagraph (B);
and
(ii) by amending paragraph (5) to read as
follows:
``(5) Covered period.--With respect to a loan, the term
`covered period' has the meaning given that term under section
4022(a)(3).''.
(8) Renter protections during forbearance period.--A
borrower that receives a forbearance pursuant to section 4022
or 4023 of the CARES Act (15 U.S.C. 9056 or 9057) may not, for
the duration of the forbearance--
(A) evict or initiate the eviction of a tenant
solely for nonpayment of rent or other fees or charges;
or
(B) charge any late fees, penalties, or other
charges to a tenant for late payment of rent.
(9) Extension of gse patch.--
(A) Non-applicability of existing sunset.--Section
1026.43(e)(4)(iii)(B) of title 12, Code of Federal
Regulations, shall have no force or effect.
(B) Extended sunset.--The special rules in section
1026.43(e)(4) of title 12, Code of Federal Regulations,
shall apply to covered transactions consummated prior
to June 1, 2022, or such later date as the Director of
the Bureau of Consumer Financial Protection may
determine, by rule.
(10) Servicer safe harbor from investor liability.--
(A) Safe harbor.--
(i) In general.--A servicer of covered
mortgage loans or multifamily mortgage loans
shall be deemed not to have violated any duty
or contractual obligation owed to investors or
other parties regarding such mortgage loans on
account of offering or implementing in good
faith forbearance during the covered period or
offering or implementing in good faith post-
forbearance loss mitigation (including after
the expiration of the covered period) in
accordance with the terms of sections 4022 and
4023 of the CARES Act to borrowers,
respectively, on covered or multifamily
mortgage loans that it services and shall not
be liable to any party who is owed such a duty
or obligation or subject to any injunction,
stay, or other equitable relief to such party
on account of such offer or implementation of
forbearance or post-forbearance loss
mitigation.
(ii) Other persons.--Any person, including
a trustee of a securitization vehicle or other
party involved in a securitization or other
investment vehicle, who in good faith
cooperates with a servicer of covered or
multifamily mortgage loans held by that
securitization or investment vehicle to comply
with the terms of section 4022 and 4023 of the
CARES Act, respectively, to borrowers on
covered or multifamily mortgage loans owned by
the securitization or other investment vehicle
shall not be liable to any party who is owed
such a duty or obligation or subject to any
injunction, stay, or other equitable relief to
such party on account of its cooperation with
an offer or implementation of forbearance
during the covered period or post-forbearance
loss mitigation, including after the expiration
of the covered period.
(B) Standard industry practice.--During the covered
period, notwithstanding any contractual restrictions,
it is deemed to be standard industry practice for a
servicer to offer forbearance or loss mitigation
options in accordance with the terms of sections 4022
and 4023 of the CARES Act to borrowers, respectively,
on all covered or multifamily mortgage loans it
services.
(C) Rule of construction.--Nothing in this
paragraph may be construed as affecting the liability
of a servicer or other person for actual fraud in the
servicing of a mortgage loan or for the violation of a
State or Federal law.
(D) Definitions.--In this paragraph:
(i) Covered mortgage loan.--The term
``covered mortgage loan'' has the meaning given
that term under section 4022(a) of the CARES
Act.
(ii) Covered period.--The term ``covered
period'' has the meaning given that term under
section 4023(g) of the CARES Act.
(iii) Multifamily mortgage loan.--The term
``multifamily mortgage loan'' has the meaning
given that term under section 4023(g) of the
CARES Act.
(iv) Servicer.--The term ``servicer''--
(I) has the meaning given the term
under section 6(i) of the Real Estate
Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)); and
(II) means a master servicer and a
subservicer, as such terms are defined,
respectively, under section 1024.31 of
title 12, Code of Federal Regulations.
(v) Securitization vehicle.--The term
``securitization vehicle'' has the meaning
given that term under section 129A(f) of the
Truth in Lending Act (15 U.S.C. 1639a(f)).
(11) Amendments to national housing act.--Section 306(g)(1)
of the National Housing Act (12 U.S.C. 1721(a)) is amended--
(A) in the fifth sentence, by inserting after
``issued'' the following: ``, subject to any pledge or
grant of security interest of the Federal Reserve under
section 4003(a) of the CARES Act (Public Law 116-136;
134 Stat. 470; 15 U.S.C. 9042(a)) and to any such
mortgage or mortgages or any interest therein and the
proceeds thereon, which the Association may elect to
approve''; and
(B) in the sixth sentence--
(i) by striking ``or (C)'' and inserting
``(C)''; and
(ii) by inserting before the period the
following: ``, or (D) its approval and honoring
of any pledge or grant of security interest of
the Federal Reserve under section 4003(a) of
the CARES Act and to any such mortgage or
mortgages or any interest therein and proceeds
thereon as''.
(12) Bankruptcy protections.--
(A) Bankruptcy protections for federal coronavirus
relief payments.--Section 541(b) of title 11, United
States Code, is amended--
(i) in paragraph (9), in the matter
following subparagraph (B), by striking ``or'';
(ii) in paragraph (10)(C), by striking the
period at the end and inserting ``; or''; and
(iii) by inserting after paragraph (10) the
following:
``(11) payments made under Federal law relating to the
national emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the
coronavirus disease 2019 (COVID-19).''.
(B) Protection against discriminatory treatment of
homeowners in bankruptcy.--Section 525 of title 11,
United States Code, is amended by adding at the end the
following:
``(d) A person may not be denied any forbearance, assistance, or
loan modification relief made available to borrowers by a mortgage
creditor or servicer because the person is or has been a debtor, or has
received a discharge, in a case under this title.''.
(C) Increasing the homestead exemption.--Section
522 of title 11, United States Code, is amended--
(i) in subsection (d)(1), by striking
``$15,000'' and inserting ``$100,000''; and
(ii) by adding at the end the following:
``(r) Notwithstanding any other provision of applicable
nonbankruptcy law, a debtor in any State may exempt from property of
the estate the property described in subsection (d)(1) not to exceed
the value in subsection (d)(1) if the exemption for such property
permitted by applicable nonbankruptcy law is lower than that amount.''.
(D) Effect of missed mortgage payments on
discharge.--Section 1328 of title 11, United States
Code, is amended by adding at the end the following:
``(i) A debtor shall not be denied a discharge under this section
because, as of the date of discharge, the debtor did not make 6 or
fewer payments directly to the holder of a debt secured by real
property.
``(j) Notwithstanding subsections (a) and (b), upon the debtor's
request, the court shall grant a discharge of all debts provided for in
the plan that are dischargeable under subsection (a) if the debtor--
``(1) has made payments under a confirmed plan for at least
1 year; and
``(2) who is experiencing or has experienced a material
financial hardship due, directly or indirectly, to the
coronavirus disease 2019 (COVID-19) pandemic.''.
(E) Expanded eligibility for chapter 13.--Section
109(e) of title 11, United States Code, is amended--
(i) by striking ``$250,000'' each place the
term appears and inserting ``$850,000''; and
(ii) by striking ``$750,000'' each place
the term appears and inserting ``$2,600,000''.
(F) Extended cure period for homeowners harmed by
covid-19 pandemic.--
(i) In general.--Chapter 13 of title 11,
United States Code, is amended by adding at the
end thereof the following:
``Sec. 1331. Special provisions related to COVID-19 pandemic
``(a) Notwithstanding subsections (b)(2) and (d) of section 1322,
if the debtor is experiencing or has experienced a material financial
hardship due, directly or indirectly, to the coronavirus disease 2019
(COVID-19) pandemic, a plan may provide for the curing of any default
within a reasonable time, not to exceed 7 years after the time that the
first payment under the original confirmed plan was due, and
maintenance of payments while the case is pending on any unsecured
claim or secured claim on which the last payment is due after the
expiration of such time. Any such plan provision shall not affect the
applicable commitment period under section 1325(b).
``(b) For purposes of sections 1328(a) and 1328(b), any cure or
maintenance payments under subsection (a) that are made after the end
of the period during which the plan provides for payments (other than
payments under subsection (a)) shall not be treated as payments under
the plan.
``(c) Notwithstanding section 1329(c), a plan modified under
section 1329 at the debtor's request may provide for cure or
maintenance payments under subsection (a) over a period that is not
longer than 7 years after the time that the first payment under the
original confirmed plan was due.
``(d) Notwithstanding section 362(c)(2), during the period after
the debtor receives a discharge and the period during which the plan
provides for the cure of any default and maintenance of payments under
the plan, section 362(a) shall apply to the holder of a claim for which
a default is cured and payments are maintained under subsection (a) and
to any property securing such claim.
``(e) Notwithstanding section 1301(a)(2), the stay of section
1301(a) terminates upon the granting of a discharge under section 1328
with respect to all creditors other than the holder of a claim for
which a default is cured and payments are maintained under subsection
(a).''.
(ii) Table of contents.--The table of
sections of chapter 13, title 11, United States
Code, is amended by adding at the end thereof
the following:
``Sec. 1331. Special provisions related to COVID-19 pandemic.''.
(iii) Application.--The amendments made by
this paragraph shall apply only to any case
under title 11, United States Code, commenced
before 3 years after the date of enactment of
this subtitle and pending on or commenced after
such date of enactment, in which a plan under
chapter 13 of title 11, United States Code, was
not confirmed before March 27, 2021.
(13) Liquidity for mortgage servicers and residential
rental property owners.--
(A) In general.--Section 4003 of the CARES Act (15
U.S.C. 9042), is amended by adding at the end the
following:
``(i) Liquidity for Mortgage Servicers.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall ensure that servicers of covered mortgage loans (as
defined under section 4022) and multifamily mortgage loans (as
defined under section 4023) are provided the opportunity to
participate in the loans, loan guarantees, or other investments
made by the Secretary under this section. The Secretary shall
ensure that servicers are provided with access to such
opportunities under equitable terms and conditions regardless
of their size.
``(2) Mortgage servicer eligibility.--In order to receive
assistance under subsection (b)(4), a mortgage servicer shall--
``(A) demonstrate that the mortgage servicer has
established policies and procedures to use such funds
only to replace funds used for borrower assistance,
including to advance funds as a result of forbearance
or other loss mitigation provided to borrowers;
``(B) demonstrate that the mortgage servicer has
established policies and procedures to provide
forbearance, post-forbearance loss mitigation, and
other assistance to borrowers in compliance with the
terms of section 4022 or 4023, as applicable;
``(C) demonstrate that the mortgage servicer has
established policies and procedures to ensure that
forbearance and post-forbearance assistance is
available to all borrowers in a non-discriminatory
fashion and in compliance with the Fair Housing Act,
the Equal Credit Opportunity Act, and other applicable
fair housing and fair lending laws; and
``(D) comply with the limitations on compensation
set forth in section 4004.
``(3) Mortgage servicer requirements.--A mortgage servicer
receiving assistance under subsection (b)(4) may not, while the
servicer is under any obligation to repay funds provided or
guaranteed under this section--
``(A) pay dividends with respect to the common
stock of the mortgage servicer or purchase an equity
security of the mortgage servicer or any parent company
of the mortgage servicer if the security is listed on a
national securities exchange, except to the extent
required under a contractual obligation that is in
effect on the date of enactment of this subsection; or
``(B) prepay any debt obligation.''.
(B) Credit facility for residential rental property
owners.--
(i) In general.--The Board of Governors of
the Federal Reserve System shall--
(I) establish a facility, using
amounts made available under section
4003(b)(4) of the CARES Act (15 U.S.C.
9042(b)(4)), to make long-term, low-
cost loans to residential rental
property owners as to temporarily
compensate such owners for documented
financial losses caused by reductions
in rent payments; and
(II) defer such owners' required
payments on such loans until after six
months after the date of enactment of
this subtitle.
(ii) Requirements.--A borrower that
receives a loan under this subsection may not,
for the duration of the loan--
(I) evict or initiate the eviction
of a tenant solely for nonpayment of
rent or other fees or charges;
(II) charge any late fees,
penalties, or other charges to a tenant
for late payment of rent; and
(III) with respect to a person or
entity described under clause (iv),
discriminate on the basis of source of
income.
(iii) Report on residential rental property
owners.--The Board of Governors shall issue a
report to the Congress containing the
following, with respect to each property owner
receiving a loan under this subsection:
(I) The number of borrowers that
received assistance under this
subsection.
(II) The average total loan amount
that each borrower received.
(III) The total number of rental
units that each borrower owned.
(IV) The average rent charged by
each borrower.
(iv) Report on large residential rental
property owners.--The Board of Governors shall
issue a report to Congress that identifies any
person or entity that in aggregate owns or
holds a controlling interest in any entity
that, in aggregate, owns--
(I) more than 100 rental units that
are located within a single
Metropolitan Statistical Area;
(II) more than 1,000 rental units
nationwide; or
(III) rental units in three or more
States.
(C) Mortgage performance data.--Section 4003(c) of
the CARES Act (Public Law 116-136) is amended by adding
at the end the following:
``(4) Mortgage performance data.--
``(A) Monthly report.--
``(i) In general.--A servicer of a
residential mortgage loan receiving a loan,
loan guarantee, or any other investment under
this section shall, beginning in the first
month in which the loan, loan guarantee, or
investment was received, collect and provide
loan-level data to the Bureau of Consumer
Financial Protection on a monthly basis with
respect all residential mortgage loans serviced
by the servicer.
``(ii) Contents.--Each monthly report
required under this subparagraph shall contain
identifying information and loan performance
data for the most recent month as well as
cumulative data since the servicer began
reporting under this paragraph.
``(iii) Time period for reports.--Reports
under this paragraph shall be provided by a
servicer every month in which a loan, loan
guarantee, or any other investment under this
section has been received and for 2 years
following such receipt.
``(B) Identifying information.--Each monthly report
required under subparagraph (A) shall include the
following loan-level identifying information:
``(i) Demographic data, for each borrower,
including race, ethnicity, sex, and age.
``(ii) The location of the property,
including by State, Metropolitan Statistical
Area, postal code, census tract, and
Metropolitan District, if applicable.
``(iii) Loan origination information,
including original unpaid principal balance,
original interest rate, first payment date,
original loan term, and lien status (first or
subordinate).
``(iv) Loan type and type of loan
purchaser, as described under section 304 of
the Home Mortgage Disclosure Act of 1975 (12
U.S.C. 2803) and the rules issued to carry out
such section.
``(C) Loan performance data.--Each monthly report
required under subparagraph (A) shall include the
following loan-level loan performance data:
``(i) Current loan information, including
current actual unpaid principal balance,
current interest rate, current loan delinquency
status (based on the number of days the
borrower is delinquent in payments based on the
due date of the last paid loan payment), loan
performance status (including current,
forbearance, repayment plan, referred to
foreclosure, trial modification, permanent
modification, or foreclosed), and the date of
the event leading to such status.
``(ii) Loss mitigation information,
including--
``(I) whether the loan is currently
being evaluated for loss mitigation,
and if so the date upon which the
current loss mitigation process was
initiated and the date of complete
application, if any;
``(II) the disposition of any
previous loss mitigation evaluation
reported pursuant to subclause (I) and
the date of disposition, including--
``(aa) denied;
``(bb) temporary or short-
term agreement, such as a
repayment agreement or
forbearance, and the length of
such agreement (in months);
``(cc) trial loan
modification;
``(dd) permanent loan
modification; or
``(ee) other type of loss
mitigation; and
``(III) for each permanent
modification--
``(aa) whether the
permanent modification included
one or more of--
``(AA) additions of
delinquent payments and
fees to loan balances;
``(BB) interest
rate reductions and
freezes;
``(CC) term
extensions;
``(DD) reductions
of principal; or
``(EE) deferrals of
principal; and
``(bb) whether the total
monthly principal and interest
payment, as a result of the
permanent modification--
``(AA) increased;
``(BB) remained the
same;
``(CC) decreased
less than 10 percent;
``(DD) decreased
between 10 and 20
percent; or
``(EE) decreased 20
percent or more.
``(D) Forbearance data.--Each monthly report
required under subparagraph (A) shall include, with
respect to each loan for which a forbearance has been
reported under subparagraph (C)(i), forbearance-
specific data, including--
``(i) the total months of total forbearance
granted to date; and
``(ii) the number of renewals of
forbearance to date.
``(E) Public availability of aggregate data.--
``(i) In general.--Using data submitted by
servicers under this paragraph, the Director of
the Bureau of Consumer Financial Protection
shall make available aggregate data by servicer
for each State, Metropolitan Statistical Area,
and Metropolitan Division, as defined by the
Office of Management and Budget. Such aggregate
data shall be provided monthly by the Director
to Congress and posted on the Bureau of
Consumer Financial Protection's website.
``(ii) Exception for certain personally
identifiable data.--If aggregate data described
under clause (i) is nonetheless reasonably
personally identifiable, the Director may
report the aggregate data by servicer on the
next larger geographic unit (such that, for
example, data would not be reported by
Municipal Division but only by Metropolitan
Statistical Area and State).
``(F) Implementation.--The Director of the Bureau
of Consumer Financial Protection shall, within 60 days
of the date of enactment of this paragraph, and in
consultation with the Director of the Federal Housing
Finance Agency and the Comptroller of the Currency,
prescribe the format and method of submission of the
data required under this paragraph. The Director of the
Bureau may prescribe rules for the collection of the
data in order to ensure accuracy, transparency, and
complete data collection, including the collection and
reporting of additional data elements, but may not
require reporting of fewer data elements than
prescribed by this paragraph nor less frequent
reporting than required by this paragraph.
``(G) Definitions.--In this paragraph:
``(i) COVID-19 emergency.--The term `COVID-
19 emergency' means the national emergency
concerning the novel coronavirus disease
(COVID-19) outbreak declared by the President
on March 13, 2020, under the National
Emergencies Act (50 U.S.C. 1601 et seq.).
``(ii) Residential mortgage loan.--The term
`residential mortgage loan' has the meaning
given that term under section 103(dd) of the
Truth in Lending Act (15 U.S.C. 1602(dd)).
``(iii) Servicer.--The term `servicer' has
the meaning given in section 6(i) of the Real
Estate Settlement Procedures Act of 1974 (12
U.S.C. 2605(i)).''.
Subtitle T--Improving FHA Support for Small Dollar Mortgages Act
SEC. 42001. SHORT TITLE.
This subtitle may be cited as the ``Improving FHA Support for Small
Dollar Mortgages Act of 2020''.
SEC. 42002. REVIEW OF FHA SMALL-DOLLAR MORTGAGE PRACTICES.
(a) Congressional Findings.--The Congress finds that--
(1) affordable homeownership opportunities are being
hindered due to the lack of financing available for home
purchases under $70,000;
(2) according to the Urban Institute, small-dollar mortgage
loan applications in 2017 were denied by lenders at double the
rate of denial for large mortgage loans, and this difference in
denial rates cannot be fully explained by differences in the
applicants' credit profiles;
(3) according to data compiled by Attom Data solutions,
small-dollar mortgage originations have decreased 38 percent
since 2009, while there has been a 65 percent increase in
origination of mortgages for more than $150,000;
(4) the FHA's mission is to serve creditworthy borrowers
who are underserved and, according to the Urban Institute, the
FHA serves 24 percent of the overall market, but only 19
percent of the small-dollar mortgage market; and
(5) the causes behind these variations are not fully
understood, but merit study that could assist in furthering the
Department of Housing and Urban Development's mission,
including meeting the housing needs of borrowers the program is
designed to serve and reducing barriers to homeownership, while
protecting the solvency of the Mutual Mortgage Insurance Fund.
(b) Review.--The Secretary of Housing and Urban Development shall
conduct a review of its FHA single-family mortgage insurance policies,
practices, and products to identify any barriers or impediments to
supporting, facilitating, and making available mortgage insurance for
mortgages having an original principal obligation of $70,000 or less.
Not later than the expiration of the 12-month period beginning on the
date of the enactment of this subtitle, the Secretary shall submit a
report to the Congress describing the findings of such review and the
actions that the Secretary will take, without adversely affecting the
solvency of the Mutual Mortgage Insurance Fund, to remove such barriers
and impediments to providing mortgage insurance for such mortgages.
Subtitle U--Rental Eviction Moratorium
SEC. 42101. SHORT TITLE.
This subtitle may be cited as the ``Rental Eviction Moratorium Act
of 2020''.
SEC. 42102. TEMPORARY MORATORIUM ON EVICTION FILINGS.
(a) Congressional Findings.--The Congress finds that--
(1) according to the 2018 American Community Survey, 36
percent of households in the United States--more than 43
million households--are renters;
(2) in 2019 alone, renters in the United States paid $512
billion in rent;
(3) according to the Joint Center for Housing Studies of
Harvard University, 20.8 million renters in the United States
spent more than 30 percent of their incomes on housing in 2018
and 10.9 million renters spent more than 50 percent of their
incomes on housing in the same year;
(4) Moody's Analytics estimates that 27 million jobs in the
United States economy are at high risk because of COVID-19;
(5) the impacts of the spread of COVID-19, which is now
considered a global pandemic, are expected to negatively impact
the incomes of potentially millions of renter households,
making it difficult for them to pay their rent on time; and
(6) evictions in the current environment would increase
homelessness and housing instability which would be
counterproductive towards the public health goals of keeping
individuals in their homes to the greatest extent possible.
(b) Moratorium.--During the period beginning on the date of the
enactment of this subtitle and ending on the date described in
paragraph (1) of subsection (d), the lessor of a covered dwelling may
not make, or cause to be made, any filing with the court of
jurisdiction to initiate a legal action to recover possession of the
covered dwelling from the tenant regardless of cause, except when a
tenant perpetrates a serious criminal act that threatens the health,
life, or safety of other tenants or staff of the property in which the
covered dwelling is located.
(c) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered dwelling.--The term ``covered dwelling'' means
a dwelling that is occupied by a tenant--
(A) pursuant to a residential lease; or
(B) without a lease or with a lease terminable at
will under State law.
(2) Dwelling.--The term ``dwelling'' has the meaning given
such term in section 802 of the Fair Housing Act (42 U.S.C.
3602) and includes houses and dwellings described in section
803(b) of such Act (42 U.S.C. 3603(b)).
(d) Sunset.--
(1) Sunset date.--The date described in this paragraph is
the date of the expiration of the 6-month period that begins
upon the termination by the Federal Emergency Management Agency
of the emergency declared on March 13, 2020, by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic.
(2) Notice to vacate after sunset date.--After the date
described in paragraph (1), the lessor of a covered dwelling
may not require the tenant to vacate the covered dwelling
before the expiration of the 30-day period that begins upon the
provision by the lessor to the tenant, after the date described
in paragraph (1), of a notice to vacate the covered dwelling.
TITLE V--EDUCATION
Subtitle A--Computer Science for All
SEC. 50101. SHORT TITLE.
This subtitle may be cited as the ``Computer Science for All Act of
2020''.
SEC. 50102. FINDINGS.
Congress finds that:
(1) Computer science is transforming industry, creating new
fields of commerce, driving innovation, and bolstering
productivity.
(2) There are more than 520,000 computing jobs unfilled in
the United States as of January 2017. It is projected that
there will be 1,400,000 new jobs in the technology sector by
2020; however, 70 percent of those jobs will be unfulfilled at
the rate American universities are producing qualified
graduates.
(3) Knowledge of computer science and use of technology is
increasingly essential for all individuals, not just those
working or planning to work in the technology sector.
(4) Providing students with computer science education in
elementary school and secondary school is critical for student
success, and strengthening the workforce of a 21st century
economy.
(5) While an estimated 90 percent of parents want computer
science taught in their children's schools, just 25 percent of
all elementary schools and secondary schools offer high-quality
computer science instruction that includes programming and
coding.
(6) African-Americans, Latinos, Native Americans, and
Pacific Islanders are disproportionately underrepresented in
the technology sector. About 9 percent of graduates from the
Nation's top computer science programs are from
underrepresented minority groups. However, only 5 percent of
employees at large tech firms belong to an underrepresented
minority group
(7) While underrepresented minority students overall face
an opportunity gap in STEAM education, women of color
particularly face an achievement gap in science and engineering
education. In 2012, while women received 48.8 percent of all
bachelor's degrees in science and engineering majors, women of
color received only 15.7 percent (Black: 5.3 percent; Latino:
5.5 percent; Native American or Alaska Native: 0.3 percent, and
Asian or Pacific Islander: 4.6 percent).
(8) Women overall face challenges in accessing computer
science education. Only 18 percent of all bachelor's degrees
awarded in computer science in 2012 went to women, and women of
color received only 6.6 percent (Black: 3.0 percent; Latino:
1.7 percent; Native American or Alaska Native: 0.1 percent, and
Asian or Pacific Islander: 1.8 percent).
(9) Disparities in enrollment and academic achievement
start early. In 2016, only 23 percent of students taking the AP
Computer Science exam were women, and just 16 percent were
African-American or Latino.
(10) Nationwide, only 88 Native American students took the
AP Computer Science exam in 2016, a decrease from 2015. This
means that while Native Americans make up about 1.1 percent of
the U.S. student population, they made up \1/5\ of a percent of
students who took AP Computer Science exams in 2016.
SEC. 50103. DEFINITIONS.
In this subtitle:
(1) Computational thinking.--The term ``computational
thinking'' aims to capture the wide range of creative processes
that go into formulating problems and their solutions in such a
way that the solutions can be carried out by a computer, and
may involve some understanding of software and hardware design,
logic and the use of abstraction and representation, algorithm
design, algorithm expression, problem decomposition,
modularity, programming paradigms and languages, issues of
information security and privacy, the application of
computation across a wide range of disciplines, and the
societal impact of computing. Programming is a hands-on,
inquiry-based way in which computational thinking may be
learned.
(2) Computer science education.--The term ``computer
science education'' includes any of the following:
computational thinking; software design; hardware architecture
and organization; theoretical foundations; use of abstraction
and representation in problem solving; logic; algorithm design
and implementation; the limits of computation; programming
paradigms and languages; parallel and distributed computing;
information security and privacy; computing systems and
networks; graphics and visualization; databases and information
retrieval; the relationship between computing and mathematics;
artificial intelligence; applications of computing across a
broad range of disciplines and problems; and the social impacts
and professional practices of computing.
(3) Eligible tribal school.--The term ``eligible Tribal
school'' means--
(A) a school operated by the Bureau of Indian
Education;
(B) a school operated pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.); or
(C) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8101).
(6) Poverty line.--The term ``poverty line'' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8101).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(8) Steam.--The term ``STEAM'' means the subjects of
science, technology, engineering, arts, and mathematics,
including computer science.
SEC. 50104. GRANTS TO STATES, LOCAL EDUCATIONAL AGENCIES, AND ELIGIBLE
TRIBAL SCHOOLS.
(a) Grants to States, Local Educational Agencies, and Eligible
Tribal Schools.--
(1) In general.--The Secretary shall award grants to
States, local educational agencies, and eligible Tribal
schools--
(A) that demonstrate an ability to carry out an
ambitious computer science education expansion effort
for all students served by the State, agency, or
school, including traditionally underrepresented
students; and
(B) to serve as models for national replication of
computer science education expansion efforts.
(2) Consortia and partnerships.--A State, local educational
agency, or eligible Tribal school may apply for a grant under
this section as part of a consortium or in partnership with a
State educational agency or other partner.
(3) Duration.--Grants awarded under this section shall be
for a period of not more than 5 years.
(b) Application Requirements.--A State, local educational agency,
or eligible Tribal school that desires 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,
including, at a minimum, plans for the following:
(1) Every high school student served by the State, local
educational agency, or eligible Tribal school to have access to
computer science education not later than 5 years after receipt
of grant funds.
(2) All students served by the State, local educational
agency, or eligible Tribal school to have access to a
progression of computer science education from prekindergarten
through middle school that prepares students for high school
computer science education.
(3) Expansion of overall access to rigorous STEAM classes,
utilizing computer science as a catalyst for increased interest
in STEAM more broadly, and reducing the enrollment and academic
achievement gap for underrepresented groups such as minorities,
girls, and youth from families living at, or below, the poverty
line.
(4) Continuous monitoring and evaluation of project
activities.
(5) Effectively sustaining project activities after the
grant period ends, and the length of time which the applicant
plans to sustain the project activities.
(c) Use of Grant Funds.--
(1) Required activities.--A State, local educational
agency, or eligible Tribal school that receives a grant under
this section shall use the grant funds for the following
activities:
(A) Training teachers to teach computer science.
(B) Expanding access to high-quality learning
materials and online learning options.
(C) Creating plans for expanding overall access to
rigorous STEAM classes, utilizing computer science as a
catalyst for increased interest in STEAM more broadly,
and reducing course equity gaps for all students,
including underrepresented groups such as minorities,
girls, and youth from low-income families.
(D) Ensuring additional support and resources,
which may include mentoring for students traditionally
underrepresented in STEAM fields.
(2) Permissible activities.--A State, local educational
agency, or eligible Tribal school that receives a grant under
this section may use the grant funds for the following
activities:
(A) Building effective regional collaborations with
industry, nonprofit organizations, 2-year and 4-year
degree granting institutions of higher education
(including community colleges, Historically Black
Colleges and Universities, Hispanic-serving
institutions, Asian American and Native American
Pacific Islander-serving institutions, American Indian
Tribally controlled colleges and universities, Alaska
Native and Native Hawaiian-serving institutions,
Predominantly Black Institutions, Native American-
serving, Non-Tribal institutions, and other minority-
serving institutions), and out-of-school providers.
(B) Recruiting and hiring instructional personnel
as needed, including curriculum specialists.
(C) Preparations for effectively sustaining project
activities after the grant period ends.
(D) Disseminating information about effective
practices.
(3) Limitation.--Not more than 15 percent of a grant may be
used to purchase equipment.
(d) National Activities.--The Secretary may reserve not more than
2.5 percent of funds available for grants under this section for
national activities, including technical assistance, evaluation, and
dissemination.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $250,000,000.
SEC. 50105. REPORTING REQUIREMENTS.
(a) Grantee Reports.--Each State, local educational agency, and
eligible Tribal school that receives a grant under this subtitle shall
submit to the Secretary a report, not less than twice a year during the
grant period, on the use of grant funds that shall include data on the
numbers of students served through activities funded under this
subtitle, disaggregated by race (for Asian and Native Hawaiian or
Pacific Islander students using the same race response categories as
the decennial census of the population), ethnicity, gender, and
eligibility to receive a free or reduced price lunch under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(b) Report by the Secretary.--Not later than 5 years after the
first grant is awarded under this subtitle, the Secretary shall submit
to Congress a report based on the analysis of reports received under
subsection (a) with a recommendation on how to expand the program under
this subtitle.
Subtitle B--Real Education for Healthy Youth
SEC. 50201. SHORT TITLE.
This subtitle may be cited as the ``Real Education for Healthy
Youth Act of 2020''.
SEC. 50202. PURPOSES; FINDING; SENSE OF CONGRESS.
(a) Purposes.--The purposes of this subtitle are to provide young
people with comprehensive sex education programs that--
(1) promote and uphold the rights of young people to
information in order to make healthy decisions about their
sexual health;
(2) provide the information and skills all young people
need to make informed, responsible, and healthy decisions in
order to become sexually healthy adults and have healthy
relationships;
(3) provide information about the prevention of unintended
pregnancy, sexually transmitted infections, including HIV,
dating violence, sexual assault, bullying, and harassment; and
(4) provide resources and information on topics ranging
from gender stereotyping and gender roles and stigma and socio-
cultural influences surrounding sex and sexuality.
(b) Finding on Required Resources.--In order to provide the
comprehensive sex education described in subsection (a), Congress finds
that increased resources are required for sex education programs that--
(1) substantially incorporate elements of evidence-based
programs or characteristics of effective programs;
(2) cover a broad range of topics, including medically
accurate and complete information that is age and
developmentally appropriate about all the aspects of sex,
sexual health, and sexuality;
(3) are gender and gender identity-sensitive, emphasizing
the importance of equality and the social environment for
achieving sexual and reproductive health and overall well-
being;
(4) promote educational achievement, critical thinking,
decision making, self-esteem, and self-efficacy;
(5) help develop healthy attitudes and insights necessary
for understanding relationships between oneself and others and
society;
(6) foster leadership skills and community engagement by--
(A) promoting principles of fairness, human
dignity, and respect; and
(B) engaging young people as partners in their
communities; and
(7) are culturally and linguistically appropriate,
reflecting the diverse circumstances and realities of young
people.
(c) Sense of Congress.--It is the sense of Congress that--
(1) federally funded sex education programs should aim to--
(A) provide information about a range of human
sexuality topics, including--
(i) human development, healthy
relationships, personal skills;
(ii) sexual behavior including abstinence;
(iii) sexual health including preventing
unintended pregnancy;
(iv) sexually transmitted infections
including HIV; and
(v) society and culture;
(B) promote safe and healthy relationships;
(C) promote gender equity;
(D) use, and be informed by, the best scientific
information available;
(E) be culturally appropriate and inclusive of
youth with varying gender identities, gender
expressions, and sexual orientations;
(F) be built on characteristics of effective
programs;
(G) expand the existing body of research on
comprehensive sex education programs through program
evaluation;
(H) expand training programs for teachers of
comprehensive sex education;
(I) build on programs funded under section 513 of
the Social Security Act (42 U.S.C. 713) and the Office
of Adolescent Health's Teen Pregnancy Prevention
Program, funded under title II of the Consolidated
Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3253), and on programs supported through the Centers
for Disease Control and Prevention (CDC); and
(J) promote and uphold the rights of young people
to information in order to make healthy and autonomous
decisions about their sexual health; and
(2) no Federal funds should be used for health education
programs that--
(A) withhold health-promoting or life-saving
information about sexuality-related topics, including
HIV;
(B) are medically inaccurate or have been
scientifically shown to be ineffective;
(C) promote gender or racial stereotypes;
(D) are insensitive and unresponsive to the needs
of sexually active young people;
(E) are insensitive and unresponsive to the needs
of survivors of sexual violence;
(F) are insensitive and unresponsive to the needs
of youth of all physical, developmental, and mental
abilities;
(G) are insensitive and unresponsive to the needs
of youth with varying gender identities, gender
expressions, and sexual orientations; or
(H) are inconsistent with the ethical imperatives
of medicine and public health.
SEC. 50203. GRANTS FOR COMPREHENSIVE SEX EDUCATION FOR ADOLESCENTS.
(a) Program Authorized.--The Secretary, in coordination with the
Associate Commissioner of the Family and Youth Services Bureau of the
Administration on Children, Youth, and Families of the Department of
Health and Human Services, the Director of the Office of Adolescent
Health, the Director of the Division of Adolescent and School Health
within the Centers for Disease Control and Prevention and the Secretary
of Education, shall award grants, on a competitive basis, to eligible
entities to enable such eligible entities to carry out programs that
provide adolescents with comprehensive sex education, as described in
subsection (f).
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means a public or private entity that focuses on adolescent health and
education or has experience working with adolescents.
(d) Applications.--An eligible entity 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, including an assurance to participate in the evaluation
described in section 50206.
(e) Priority.--In awarding grants under this section, the Secretary
shall give priority to eligible entities that--
(1) are State or local public entities;
(2) are entities not currently receiving funds under--
(A) section 513 of the Social Security Act (42
U.S.C. 713);
(B) the Office of Adolescent Health's Teen
Pregnancy Prevention Program, funded under title II of
the Consolidated Appropriations Act, 2010 (Public Law
111-117; 123 Stat. 3253), or any substantially similar
successive program; or
(C) the Centers for Disease Control and
Prevention's Division of Adolescent and School Health;
and
(3) address health inequities among young people that face
systemic barriers resulting in disproportionate rates of not
less than one of the following:
(A) Unintended pregnancies.
(B) Sexually transmitted infections, including HIV.
(C) Dating violence and sexual violence.
(f) Use of Funds.--
(1) In general.--Each eligible entity that receives a grant
under this section shall use the grant funds to carry out an
education program that provides adolescents with comprehensive
sex education that--
(A) is age and developmentally appropriate;
(B) is medically accurate and complete;
(C) substantially incorporates elements of
evidence-based sex education instruction; or
(D) creates a demonstration project based on
characteristics of effective programs.
(2) Contents of comprehensive sex education programs.--The
comprehensive sex education programs funded under this section
shall include instruction and materials that address--
(A) the physical, social, and emotional changes of
human development, including human anatomy,
reproduction, and sexual development;
(B) healthy relationships, including friendships,
within families, and society, that are based on mutual
respect, and the ability to distinguish between healthy
and unhealthy relationships, including--
(i) effective communication, negotiation,
and refusal skills, including the skills to
recognize and report inappropriate or abusive
sexual advances;
(ii) bodily autonomy, setting and
respecting personal boundaries, practicing
personal safety, and consent; and
(iii) the limitations and harm of gender-
role stereotypes, violence, coercion, bullying,
harassment, and intimidation in relationships;
(C) healthy decision making skills about sexuality
and relationships that include--
(i) critical thinking, problem solving,
self-efficacy, stress-management, self-care,
and decision making;
(ii) individual values and attitudes;
(iii) the promotion of positive body
images;
(iv) developing an understanding that there
are a range of body types and encouraging
positive feeling about students' own body
types;
(v) information on how to respect others
and ensure safety on the internet and when
using other forms of digital communication;
(vi) information on local services and
resources where students can obtain additional
information related to bullying, harassment,
dating violence and sexual assault, suicide
prevention, and other related care;
(vii) encouragement for youth to
communicate with their parents or guardians,
health and social service professionals, and
other trusted adults about sexuality and
intimate relationships;
(viii) information on how to create a safe
environment for all students and others in
society;
(ix) examples of varying types of
relationships, couples, and family structures;
and
(x) affirmative representation of varying
gender identities, gender expressions, and
sexual orientations, including individuals and
relationships between same sex couples and
their families;
(D) abstinence, delaying age of first sexual
activity, the use of condoms, preventive medication,
vaccination, birth control, and other sexually
transmitted infection prevention measures, and the
options for pregnancy, including parenting, adoption,
and abortion, including--
(i) the importance of effectively using
condoms, preventive medication, and applicable
vaccinations to protect against sexually
transmitted infections, including HIV;
(ii) the benefits of effective
contraceptive and condom use in avoiding
unintended pregnancy;
(iii) the relationship between substance
use and sexual health and behaviors; and
(iv) information about local health
services where students can obtain additional
information and services related to sexual and
reproductive health and other related care;
(E) through affirmative recognition, the roles that
traditions, values, religion, norms, gender roles,
acculturation, family structure, health beliefs, and
political power play in how students make decisions
that affect their sexual health, using examples of
various types of races, ethnicities, cultures, and
families, including single-parent households and young
families;
(F) information about gender identity, gender
expression, and sexual orientation for all students,
including--
(i) affirmative recognition that people
have different gender identities, gender
expressions, and sexual orientations; and
(ii) community resources that can provide
additional support for individuals with varying
gender identities, gender expressions, and
sexual orientations; and
(G) opportunities to explore the roles that race,
ethnicity, immigration status, disability status,
economic status, homelessness, foster care status, and
language within different communities affect sexual
attitudes in society and culture and how this may
impact student sexual health.
SEC. 50204. GRANTS FOR COMPREHENSIVE SEX EDUCATION AT INSTITUTIONS OF
HIGHER EDUCATION.
(a) Program Authorized.--The Secretary, in coordination with the
Secretary of Education, shall award grants, on a competitive basis, to
institutions of higher education or consortia of such institutions to
enable such institutions to provide young people with comprehensive sex
education, described in subsection (e)(2).
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Applications.--An institution of higher education or consortia
of such institutions 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, including an
assurance to participate in the evaluation described in section 50206.
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to an institution of higher education that--
(1) has an enrollment of needy students as defined in
section 318(b) of the Higher Education Act of 1965 (20 U.S.C.
1059e(b));
(2) is a Hispanic-serving institution, as defined in
section 502(a) of such Act (20 U.S.C. 1101a(a));
(3) is a Tribal College or University, as defined in
section 316(b) of such Act (20 U.S.C. 1059c(b));
(4) is an Alaska Native-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b));
(5) is a Native Hawaiian-serving institution, as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b));
(6) is a Predominately Black Institution, as defined in
section 318(b) of such Act (20 U.S.C. 1059e(b));
(7) is a Native American-serving, non-Tribal institution,
as defined in section 319(b) of such Act (20 U.S.C. 1059f(b));
(8) is an Asian American and Native American Pacific
Islander-serving institution, as defined in section 320(b) of
such Act (20 U.S.C. 1059g(b)); or
(9) is a minority institution, as defined in section 365 of
such Act (20 U.S.C. 1067k), with an enrollment of needy
students, as defined in section 312 of such Act (20 U.S.C.
1058).
(e) Uses of Funds.--
(1) In general.--An institution of higher education
receiving a grant under this section shall use grant funds to
integrate issues relating to comprehensive sex education into
the institution of higher education in order to reach a large
number of students, by carrying out one or more of the
following activities:
(A) Developing or adopting educational content for
issues relating to comprehensive sex education that
will be incorporated into student orientation, general
education, or core courses.
(B) Developing or adopting, and implementing
schoolwide educational programming outside of class
that delivers elements of comprehensive sex education
programs to students, faculty, and staff.
(C) Developing or adopting innovative technology-
based approaches to deliver sex education to students,
faculty, and staff.
(D) Developing or adopting, and implementing peer-
outreach and education programs to generate discussion,
educate, and raise awareness among students about
issues relating to comprehensive sex education.
(2) Contents of sex education programs.--Each institution
of higher education's program of comprehensive sex education
funded under this section shall include instruction and
materials that address the topics described in section
50203(f)(2).
SEC. 50205. GRANTS FOR PRE-SERVICE AND IN-SERVICE TEACHER TRAINING.
(a) Program Authorized.--The Secretary, in coordination with the
Director of the Centers for Disease Control and Prevention and the
Secretary of Education, shall award grants, on a competitive basis, to
eligible entities to enable such eligible entities to carry out the
activities described in subsection (e).
(b) Duration.--Grants awarded under this section shall be for a
period of 5 years.
(c) Eligible Entity.--In this section, the term ``eligible entity''
means--
(1) a State educational agency;
(2) a local educational agency;
(3) a Tribe or Tribal organization, as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304);
(4) a State or local department of health;
(5) a State or local department of education;
(6) an educational service agency;
(7) a nonprofit institution of higher education;
(8) a national or statewide nonprofit organization that has
as its primary purpose the improvement of provision of
comprehensive sex education through training and effective
teaching of comprehensive sex education; or
(9) a consortium of nonprofit organizations that has as its
primary purpose the improvement of provision of comprehensive
sex education through training and effective teaching of
comprehensive sex education.
(d) Application.--An eligible entity 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, including an assurance to participate in the evaluation
described in section 50206.
(e) Authorized Activities.--
(1) Required activity.--Each eligible entity receiving a
grant under this section shall use grant funds for professional
development and training of relevant faculty, school
administrators, teachers, and staff, in order to increase
effective teaching of comprehensive sex education to students.
(2) Permissible activities.--Each eligible entity receiving
a grant under this section may use grant funds to--
(A) provide research-based training of teachers for
comprehensive sex education for adolescents as a means
of broadening student knowledge about issues related to
human development, healthy relationships, personal
skills, and sexual behavior, including abstinence,
sexual health, and society and culture;
(B) support the dissemination of information on
effective practices and research findings concerning
the teaching of comprehensive sex education;
(C) support research on--
(i) effective comprehensive sex education
teaching practices; and
(ii) the development of assessment
instruments and strategies to document--
(I) student understanding of
comprehensive sex education; and
(II) the effects of comprehensive
sex education;
(D) convene national conferences on comprehensive
sex education, in order to effectively train teachers
in the provision of comprehensive sex education; and
(E) develop and disseminate appropriate research-
based materials to foster comprehensive sex education.
(3) Subgrants.--Each eligible entity receiving a grant
under this section may award subgrants to nonprofit
organizations that possess a demonstrated record of providing
training to faculty, school administrators, teachers, and staff
on comprehensive sex education to--
(A) train teachers in comprehensive sex education;
(B) support internet or distance learning related
to comprehensive sex education;
(C) promote rigorous academic standards and
assessment techniques to guide and measure student
performance in comprehensive sex education;
(D) encourage replication of best practices and
model programs to promote comprehensive sex education;
(E) develop and disseminate effective, research-
based comprehensive sex education learning materials;
(F) develop academic courses on the pedagogy of sex
education at institutions of higher education; or
(G) convene State-based conferences to train
teachers in comprehensive sex education and to identify
strategies for improvement.
SEC. 50206. IMPACT EVALUATION AND REPORTING.
(a) Multi-Year Evaluation.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall enter into a
contract with a nonprofit organization with experience in
conducting impact evaluations to conduct a multi-year
evaluation on the impact of the grants under sections 50203,
50204, and 50205, and to report to Congress and the Secretary
on the findings of such evaluation.
(2) Evaluation.--The evaluation conducted under this
subsection shall--
(A) be conducted in a manner consistent with
relevant, nationally recognized professional and
technical evaluation standards;
(B) use sound statistical methods and techniques
relating to the behavioral sciences, including quasi-
experimental designs, inferential statistics, and other
methodologies and techniques that allow for conclusions
to be reached;
(C) be carried out by an independent organization
that has not received a grant under section 50203,
50204, or 50205; and
(D) be designed to provide information on--
(i) output measures, such as the number of
individuals served under the grant and the
number of hours of instruction;
(ii) outcome measures, including measures
relating to--
(I) the knowledge that individuals
participating in the grant program have
gained with respect to--
(aa) growth and
development;
(bb) relationship dynamics;
(cc) ways to prevent
unintended pregnancy and
sexually transmitted
infections, including HIV; and
(dd) sexual health;
(II) the age and developmentally
appropriate skills that individuals
participating in the grant program have
gained regarding--
(aa) negotiation and
communication;
(bb) decision making and
goal-setting;
(cc) interpersonal skills
and healthy relationships; and
(dd) condom use; and
(III) the behaviors of adolescents
participating in the grant program,
including data about--
(aa) age of first
intercourse;
(bb) condom and
contraceptive use at first
intercourse;
(cc) recent condom and
contraceptive use;
(dd) substance use;
(ee) dating abuse and
lifetime history of sexual
assault, dating violence,
bullying, harassment, stalking;
and
(ff) academic performance;
and
(iii) other measures necessary to evaluate
the impact of the grant program.
(3) Report.--Not later than 6 years after the date of
enactment of this Act, the organization conducting the
evaluation under this subsection shall prepare and submit to
the appropriate committees of Congress and the Secretary an
evaluation report. Such report shall be made publicly
available, including on the website of the Department of Health
and Human Services.
(b) Secretary's Report to Congress.--Not later than 1 year after
the date of the enactment of this Act, and annually thereafter for a
period of 5 years, the Secretary shall prepare and submit to the
appropriate committees of Congress a report on the activities to
provide adolescents and young people with comprehensive sex education
and pre-service and in-service teacher training funded under this
subtitle. The Secretary's report to Congress shall include--
(1) a statement of how grants awarded by the Secretary meet
the purposes described in section 50202(a); and
(2) information about--
(A) the number of eligible entities and
institutions of higher education that are receiving
grant funds under sections 50203, 50204, and 50205;
(B) the specific activities supported by grant
funds awarded under sections 50203, 50204, and 50205;
(C) the number of adolescents served by grant
programs funded under section 50203;
(D) the number of young people served by grant
programs funded under section 50204;
(E) the number of faculty, school administrators,
teachers, and staff trained under section 50205; and
(F) the status of the evaluation required under
subsection (a).
SEC. 50207. NONDISCRIMINATION.
Programs funded under this subtitle shall not discriminate on the
basis of actual or perceived sex, race, color, ethnicity, national
origin, disability, sexual orientation, gender identity, or religion.
Nothing in this subtitle shall be construed to invalidate or limit
rights, remedies, procedures, or legal standards available under any
other Federal law or any law of a State or a political subdivision of a
State, including the Civil Rights Act of 1964 (42 U.S.C. 2000a et
seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794),
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),
and section 1557 of the Patient Protection and Affordable Care Act (42
U.S.C. 18116).
SEC. 50208. LIMITATION.
No Federal funds provided under this subtitle may be used for
health education programs that--
(1) withhold health-promoting or life-saving information
about sexuality-related topics, including HIV;
(2) are medically inaccurate or have been scientifically
shown to be ineffective;
(3) promote gender or racial stereotypes;
(4) are insensitive and unresponsive to the needs of
sexually active young people;
(5) are insensitive and unresponsive to the needs of
pregnant or parenting young people;
(6) are insensitive and unresponsive to the needs of
survivors of sexual abuse or assault;
(7) are insensitive and unresponsive to the needs of youth
of all physical, developmental, or mental abilities;
(8) are insensitive and unresponsive to individuals with
varying gender identities, gender expressions, and sexual
orientations; or
(9) are inconsistent with the ethical imperatives of
medicine and public health.
SEC. 50209. AMENDMENTS TO OTHER LAWS.
(a) Amendment to the Public Health Service Act.--Section 2500 of
the Public Health Service Act (42 U.S.C. 300ee) is amended by striking
subsections (b) through (d) and inserting the following:
``(b) Contents of Programs.--All programs of education and
information receiving funds under this subchapter shall include
information about the potential effects of intravenous substance
abuse.''.
(b) Amendments to the Elementary and Secondary Education Act of
1965.--Section 8526 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7906) is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(3) in paragraph (4), by inserting ``or'' after the
semicolon;
(4) in paragraph (5), by striking ``; or'' and inserting a
period; and
(5) by striking paragraph (6).
SEC. 50210. DEFINITIONS.
In this subtitle:
(1) Adolescents.--The term ``adolescents'' means
individuals who are ages 10 through 19 at the time of
commencement of participation in a program supported under this
subtitle.
(2) Age and developmentally appropriate.--The term ``age
and developmentally appropriate'' means topics, messages, and
teaching methods suitable to particular age, age group of
children and adolescents, or developmental levels, based on
cognitive, emotional, social, and behavioral capacity of most
students at that age level.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
Health, Education, Labor, and Pensions of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Energy and Commerce of the House of Representatives, the
Committee on Education and the Workforce of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives.
(4) Characteristics of effective programs.--The term
``characteristics of effective programs'' means the aspects of
evidence-based programs, including development, content, and
implementation of such programs, that--
(A) have been shown to be effective in terms of
increasing knowledge, clarifying values and attitudes,
increasing skills, and impacting upon behavior; and
(B) are widely recognized by leading medical and
public health agencies to be effective in changing
sexual behaviors that lead to sexually transmitted
infections, including HIV, unintended pregnancy, and
dating violence and sexual assault among young people.
(5) Comprehensive sex education.--The term ``comprehensive
sex education'' means instructional part of a comprehensive
school health education approach which addresses the physical,
mental, emotional, and social dimensions of human sexuality;
designed to motivate and assist students to maintain and
improve their sexual health, prevent disease and reduce sexual
health-related risk behaviors; and enable and empower students
to develop and demonstrate age and developmentally appropriate
sexuality and sexual health-related knowledge, attitudes,
skills, and practices.
(6) Consent.--The term ``consent'' means affirmative,
conscious, and voluntary agreement to engage in interpersonal,
physical, or sexual activity.
(7) Culturally appropriate.--The term ``culturally
appropriate'' means materials and instruction that respond to
culturally diverse individuals, families and communities in an
inclusive, respectful and effective manner; including materials
and instruction that are inclusive of race, ethnicity,
languages, cultural background, religion, sex, gender identity,
sexual orientation, and different abilities.
(8) Evidence-based.--The term ``evidence-based'', when used
with respect to sex education instruction means a sex education
program that has been proven through rigorous evaluation to be
effective in changing sexual behavior or incorporates elements
of other programs that have been proven to be effective in
changing sexual behavior.
(9) Gender expression.--The term ``gender expression'',
when used with respect to a sex education program, means the
expression of one's gender, such as through behavior, clothing,
haircut, or voice, and which may or may not conform to socially
defined behaviors and characteristics typically associated with
being either masculine or feminine.
(10) Gender identity.--Except with respect to section
50207, the term ``gender identity'', when used with respect to
a sex education program, means the gender-related identity,
appearance, mannerisms, or other gender-related characteristics
of an individual, regardless of the individual's designated sex
at birth including a person's deeply held sense or knowledge of
their own gender; such as male, female, both or neither.
(11) Inclusive.--The term ``inclusive'', when used with
respect to a sex education program, means curriculum that
ensures that students from historically marginalized
communities are reflected in classroom materials and lessons.
(12) 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).
(13) Medically accurate and complete.--The term ``medically
accurate and complete'', when used with respect to a sex
education program, means that--
(A) the information provided through the program is
verified or supported by the weight of research
conducted in compliance with accepted scientific
methods and is published in peer-reviewed journals,
where applicable; or
(B)(i) the program contains information that
leading professional organizations and agencies with
relevant expertise in the field recognize as accurate,
objective, and complete; and
(ii) the program does not withhold information
about the effectiveness and benefits of correct and
consistent use of condoms and other contraceptives.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Sexual development.--The term ``sexual development''
means the lifelong process of physical, behavioral, cognitive,
and emotional growth and change as it relates to an
individual's sexuality and sexual maturation, including
puberty, identity development, socio-cultural influences, and
sexual behaviors.
(16) Sexual orientation.--Except with respect to section
50207, the term ``sexual orientation'', when used with respect
to a sex education program, means an individual's attraction,
including physical or emotional, to the same or different
gender.
(17) Young people.--The term ``young people'' means
individuals who are ages 10 through 24 at the time of
commencement of participation in a program supported under this
subtitle.
SEC. 50211. FUNDING.
(a) Appropriation.--For the purpose of carrying out this subtitle,
there is appropriated $75,000,000 for each of fiscal years 2021 through
2026. Amounts appropriated under this subsection shall remain available
until expended.
(b) Reservations of Funds.--
(1) The Secretary shall reserve 50 percent of the amount
appropriated under subsection (a) for the purposes of awarding
grants for comprehensive sex education for adolescents under
section 50203.
(2) The Secretary shall reserve 25 percent of the amount
appropriated under subsection (a) for the purposes of awarding
grants for comprehensive sex education at institutes of higher
education under section 50204.
(3) The Secretary shall reserve 20 percent of the amount
appropriated under subsection (a) for the purposes of awarding
grants for pre-service and in-service teacher training under
section 50205.
(4) The Secretary shall reserve 2 percent of the amount
appropriated under subsection (a) for the purpose of carrying
out the impact evaluation and reporting required under section
50206(a).
(c) Secretarial Responsibilities.--The Secretary shall reserve 3
percent of the amount appropriated under subsection (a) for each fiscal
year for expenditures by the Secretary to provide, directly or through
a competitive grant process, research, training, and technical
assistance, including dissemination of research and information
regarding effective and promising practices, providing consultation and
resources, and developing resources and materials to support the
activities of recipients of grants. In carrying out such functions, the
Secretary shall collaborate with a variety of entities that have
expertise in adolescent sexual health development, education, and
promotion.
(d) Reprogramming of Abstinence Only Until Marriage Program
Funding.--The unobligated balance of funds made available to carry out
section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on
the day before the date of enactment of this Act) are hereby
transferred and shall be used by the Secretary to carry out this
subtitle. The amounts transferred and made available to carry out this
subtitle shall remain available until expended.
(e) Repeal of Abstinence Only Until Marriage Program.--Section 510
of the Social Security Act (42 U.S.C. 710 et seq.) is repealed.
Subtitle C--Ronald V. Dellums Memorial Fellowship for Women of Color in
STEAM and National Security
SEC. 50301. SHORT TITLE.
This subtitle may be cited as the ``Ronald V. Dellums Memorial
Fellowship for Women of Color in STEAM and National Security Act''.
SEC. 50302. FINDINGS.
Congress finds the following:
(1) From 1993 to 1995, Ronald V. Dellums served as the
Chairman of the Armed Services Committee of the House of
Representatives after 20 years of service on such Committee.
(2) As a stalwart champion of diversity and inclusion,
Chairman Dellums was an early supporter of integrating lesbian,
gay, transgender, and bisexual individuals into the military.
(3) Before Chairman Dellums was elected to the House of
Representatives in 1970, he was a psychiatric social worker,
community organizer, and lecturer.
(4) Chairman Dellums served in the United States Marine
Corps from 1954 to 1956.
(5) In section 4201 of the Fiscal Year 2018 National
Defense Authorization Act, Congress reiterated the importance
of prioritizing this relationship by authorizing more than
$12,000,000 above the President's requests, including 2,000,000
authorized specifically for minority women in the fields of
science, technology, engineering, and mathematics.
(6) While women of color have made significant progress in
graduating from college in the areas of study related to STEAM,
they continue to be underrepresented in the STEAM fields.
(7) While underrepresented minority students overall face
an opportunity gap in STEAM education, women of color face a
larger achievement gap in science and engineering education.
(8) In 2016, of bachelor's degrees awarded in STEAM
majors--
(A) women received 36 percent;
(B) Black individuals received 13 percent;
(C) Hispanic individuals received 15 percent;
(D) Native American or Alaska Native individuals
received 14 percent; and
(E) Asian or Pacific Islander individuals received
33 percent.
(9) A 2017 report published by the National Science
Foundation found that the percentage of all bachelor's degrees
in computer sciences, mathematics, and statistics, and
engineering received by women of color has declined since 1996.
(10) Intentional and proactive strategies and programs are
necessary to ensure the underrepresentation of women of color
in the disciplines and professions related to STEAM fields is
appropriately addressed to ensure broad and inclusive
participation in areas of national importance.
SEC. 50303. FELLOWSHIP PROGRAM.
(a) Establishment.--The Secretary of Defense shall establish a
fellowship program, which shall be known as the ``Ronald V. Dellums
Memorial Fellowship for Women of Color in STEAM'', to provide
scholarships and internships for eligible students with high potential
talent in STEAM.
(b) Objectives.--In carrying out the program, the Secretary shall--
(1) consult with institutions of higher education and
relevant professional associations, nonprofit organizations,
and relevant defense industry representatives on the design of
the program; and
(2) design the program in a manner such that the program--
(A) increases awareness of and interest in
employment at a Defense Agency among underrepresented
students in the STEAM fields, particularly women of
color, who are pursuing a degree in a STEAM field;
(B) supports the academic careers of
underrepresented students, especially women of color,
in STEAM fields; and
(C) builds a pipeline of women of color with
exemplary academic achievements in a STEAM field who
can pursue careers in national security and in areas of
national need.
(c) Components.--The fellowship program shall consist of--
(1) a scholarship program under subsection (d); and
(2) an internship program under subsection (e).
(d) Selection.--
(1) In general.--Each fiscal year, subject to the
availability of funds, the Secretary shall select at least 30
eligible students to participate in the fellowship program for
a period of 2 years.
(2) Students from minority-serving institutions and
historically black colleges and universities.--The Secretary
may not award fewer than 50 percent of the fellowships under
this section to eligible students who attend historically Black
colleges and universities and other minority-serving
institutions, including Hispanic-serving institutions, Asian
American and Native American Pacific Islander-serving
institutions, American Indian Tribally controlled colleges and
universities, Alaska Native and Native Hawaiian-serving
institutions, Tribal colleges and universities, Predominantly
Black Institutions, and Native American-serving, Non-Tribal
institutions.
(3) Scholarship.--Each fellow shall receive a scholarship
of up to $50,000 each academic year of the fellowship program.
A fellow who receives a scholarship may only use the
scholarship funds to pay for the cost of attendance at an
institution of higher education.
(4) Consideration of underrepresented students in steam
fields.--In awarding a fellowship under this section, the
Secretary shall consider--
(A) the number and distribution of minority and
female students nationally in science and engineering
majors;
(B) the projected need for highly trained
individuals in all fields of science and engineering;
(C) the present and projected need for highly
trained individuals in science and engineering career
fields in which minorities and women are
underrepresented; and
(D) the lack of minorities and women in national
security, especially in science and engineering fields
in which such individuals are traditionally
underrepresented.
(5) Student agreement.--As a condition of the receipt of a
scholarship under this section, a fellow shall agree--
(A) to maintain satisfactory academic standing in
accordance with standards determined by the institution
of higher education at which the student is enrolled;
(B) to complete an internship described in
subsection (e) in a manner that the Secretary
determines is satisfactory;
(C) upon completion of the degree that the student
pursues while in the fellowship program, to work for
the Federal Government or in the field of education in
the area of study for which the scholarship or
fellowship was awarded, for a period specified by the
Secretary, which shall not be longer than the period
for which scholarship assistance was provided to such
student; and
(D) to return the amount of the assistance provided
the recipient under the program with interest at a rate
no higher than the high yield of the 10-year Treasury
note auctioned at the final auction held prior to such
June 1 if the student fails to comply with any of
subsections (A) through (E).
(6) Enforcement of agreement.--The Secretary may enforce
the agreement under paragraph (5) as the Secretary determines
appropriate.
(e) Internship.--
(1) In general.--The Secretary shall establish an
internship program that provides each student who is awarded a
fellowship under this section with an internship at a Defense
Agency.
(2) Requirements.--Each internship shall--
(A) to the extent practicable, last for a period of
at least 10 weeks;
(B) include a stipend for transportation and living
expenses incurred by the fellow during the fellowship;
and
(C) be completed during the initial 2-year period
of the fellowship.
(3) Mentorship.--To the extent practicable, each fellow
shall be paired with a mid-level or a senior-level official of
the Defense Agency who shall serve as a mentor during the
internship.
(f) Extensions.--
(1) In general.--Subject to this section, a fellow may
apply for, and the Secretary may grant, a 1-year extension of
the fellowship.
(2) Number of extensions.--There shall be no limit on the
number of extensions under paragraph (1) that the Secretary may
grant an eligible student.
(3) Limitation on degrees.--A fellow may use an extension
of a fellowship under this section for the pursuit of not more
than the following number of graduate degrees:
(A) Two master's degrees.
(B) One doctorate of philosophy.
(4) Treatment of extensions.--An extension granted under
this subsection does not count for the purposes of--
(A) the number of fellowships granted under
subsection (d)(1); or
(B) the percentage of fellowships granted to
eligible students.
(5) Extension requirements.--A fellow may receive an
extension under this subsection only if--
(A) the fellow is in good academic standing with
the institution of higher education where the fellow is
enrolled;
(B) the fellow has satisfactorily completed an
internship under subsection (e); and
(C) the fellow is currently enrolled full-time at
an institution of higher education and pursuing, in a
STEAM field--
(i) a bachelor's degree;
(ii) a master's degree; or
(iii) a doctorate of philosophy.
(g) Limitation on Administrative Costs.--For each academic year,
the Secretary may use not more than 5 percent of the funds made
available to carry out this section for administrative purposes,
including for purposes of--
(1) outreach to institutions of higher education to
encourage participation in the program; and
(2) promotion of the program to eligible students.
(h) Administration of Program.--The Secretary may appoint a lead
program officer to administer the program and to market the program
among students and institution of higher education.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the next
5 fiscal years.
(j) Reports.--Not later than 2 years after the date on which the
first fellowship is awarded under this section, and each academic year
thereafter, the Secretary of Defense shall submit to the Congress a
report containing--
(1) a description and analysis of the demographic
information of students who receive fellowships under this
section, including information with respect to such students
regarding--
(A) race, in the aggregate and disaggregated by the
same major race groups as the decennial census of the
population;
(B) ethnicity;
(C) gender identity;
(D) eligibility to receive a Federal Pell Grant
under the Higher Education Act of 1965 (20 U.S.C. 1070a
et seq.); and
(E) eligibility of the household in which the
student resides to receive benefits under the
Supplemental Nutrition Assistance Program under section
5 of the Food and Nutrition Act of 2008 (7 U.S.C.
2014), in the case of graduate students;
(2) an analysis of the effects of the program;
(3) a description of--
(A) the total number of students who obtain a
degree with fellowship funds each year; and
(B) the type and total number of degrees obtained
by fellows; and
(4) recommendations for changes to the program and to this
subtitle to ensure that women of color are being effectively
served by such program.
(k) Definitions.--In this subtitle:
(1) Cost of attendance.--The term ``cost of attendance''
has the meaning given the term in section 132 of the Higher
Education Act of 1965 (20 U.S.C. 1015a).
(2) Defense agency.--The term ``Defense Agency'' has the
meaning given the term in section 101(a) of title 10, United
States Code.
(3) Eligible student.--The term ``eligible student'' means
an individual who--
(A) submits an application for a fellowship under
this section;
(B) is enrolled, or will be enrolled for the first
year for which the student applies for a fellowship, in
either the third or fourth year of a four-year academic
program; and
(C) is enrolled, or will be enrolled for the first
year for which the student applies for a fellowship, in
a university on at least a half-time basis.
(4) Fellow.--The term ``fellow'' means a student that was
selected for the fellowship program under subsection (d).
(5) Historically black college and university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(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-serving institution.--The term ``minority-
serving institution'' means an institution listed in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(8) STEAM.--The term ``STEAM'' means science, technology,
engineering, arts, and mathematics.
(9) Underrepresented student in a steam field.--The term
``underrepresented student in a STEAM field'' means a student
who is a member of a minority group for which the number of
individuals in such group who receive bachelor's degrees in
STEAM fields per 10,000 individuals in such group is
substantially fewer than the number of White, non-Hispanic
individuals of bachelor's degrees in STEAM fields per 10,000
such individuals.
Subtitle D--Student Support
SEC. 50401. SHORT TITLE.
This subtitle may be cited as the ``Student Support Act''.
SEC. 50402. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS.
(a) In General.--Part A of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at
the end the following:
``Subpart 3--School-Based Mental Health and Student Service Providers
``SEC. 4131. FINDINGS.
``The Congress finds the following:
``(1) The Surgeon General of the Public Health Service has
found that 1 in 5 children has a diagnosable mental disorder
and 1 in 10 children and adolescents suffer from mental illness
severe enough to cause some level of impairment. However, 75 to
80 percent of children in need of mental health services do not
receive needed treatment. The short- and long-term consequences
of untreated childhood mental disorders are costly, in both
human and fiscal terms.
``(2) Thirty-seven percent of students with a mental health
condition age 14 and older drop out of school--the highest
dropout rate of any disability group.
``(3) Fifty percent of all lifetimes cases of mental
illness begin by the age of 14 and 75 percent by age 24.
``(4) In June 2010, the American Academy of Pediatrics
called for all pediatricians to screen children and adolescents
for mental illness and substance use.
``(5) Just over half (50.6 percent) of children with a
mental health condition aged 8-15 received mental health
services in the previous year.
``(6) African Americans and Hispanic Americans each use
mental health services at about one-half the rate of Caucasian
Americans and Asian Americans at about one-third the rate.
``(7) School counselors, school social workers, school
psychologists, other qualified psychologists, and child and
adolescent psychiatrists are critically needed to help these
children and to provide a variety of crucial support services
as 70-80 percent of children and adolescents who receive mental
health services access these services in school settings.
``(8) Across the United States, there are insufficient
resources for school-based counseling professionals, and often
students do not get the help they need. The 2017 national
average ratio of students to school counselors in elementary
and secondary schools was 482 to 1.
``(9) United States public schools need more mental health
professionals because participation in the use of school-based
mental health centers (SBHC) was positively associated with
increases in grade point average (GPA) and attendance.
``(10) According to the leading counseling, guidance, and
mental health organizations, including the American School
Counselor Association, the National Association of Social
Psychologists, the National Association of Social Workers, and
the School Social Work Association of America, the maximum
recommended ratio of--
``(A) students to school counselors is 250 to 1;
``(B) students to school psychologists is 500 to
700 to 1; and
``(C) students to school social workers is 250 to
1.
``(11) A recent study revealed a national average ratio of
1,653 students per school psychologist, despite the 1:500-700
recommendation from the National Association of Social
Psychologists. This deficit is further compounded by studies
predicting a 2-4 percent shortage of school psychologists over
the next 10 years due to retirement. In some schools, there are
no school-based mental health and student service providers
available to assist students in times of crisis, or at any
other time.
``(12) Counselor-to-student ratios in 35 States exceed
1:400 despite recommendations from the American School
Counselor Association for a 1:250 ratio. Only three States--
Vermont, Wyoming & New Hampshire--meet the recommended ratio.
This shortage occurs during a time when the National Center on
Education Statistics forecasts that the Nation's number of
public school students (Pre-K to 12th) will grow by 7 percent
between 2011 and 2022, particularly in States that already
spend the least money per student.
``(13) Model programs using school-based mental health and
student service providers have positive effects on emotional,
behavioral and academic outcomes, such as reductions in
aggressive and disruptive behavior, referrals to the
principal's office, the use of weapons, force, or threats, and
increased students' feelings of safety. Studies also find that
mental health programs can have a range of positive outcomes
across all grade levels, including gains in achievement test
scores, grade point averages, course credit completion, as well
as decreases in absences and substance use.
``SEC. 4132. PURPOSES.
``The purposes of this subpart are to assist States and local
educational agencies in hiring additional school-based mental health
providers, including additional school counselors, school
psychologists, other qualified psychologists, child and adolescent
psychiatrists, and school social workers to achieve each of the
following:
``(1) To reduce the ratios of school-based mental health
and student service providers to students in elementary and
secondary schools in the United States to the following minimum
ratios recommended by the leading counseling, guidance, and
mental health organizations, including the American School
Counselor Association, the National Association of Social
Psychologists, the National Association of Social Workers, and
the School Social Work Association of America:
``(A) One school counselor for every 250 students.
``(B) One school psychologist for every 500 to 700
students.
``(C) One school social worker for every 250
students.
``(2) To provide evidence-based school mental health and
student services through a whole school and interdisciplinary
approach.
``(3) To remove emotional, behavioral, and psychosocial
barriers to learning so as to enhance students' classroom
preparedness, overall school performance, decrease rates of
absenteeism, and ability to problem solve and set goals.
``(4) To support school staff and teachers in improving
classroom management, conducting behavioral interventions to
improve school discipline, and developing the awareness and
skills to identify the need for mental health services.
``(5) To support parental involvement in improving the
school behavior and academic success of their children.
``(6) To improve the overall mental, behavioral, social,
and psychology assessment and trajectory of each student who
seeks mental health services.
``(7) To ensure each student feels comfortable and has all
the resources they need to continue short and/or long-term
mental health treatment.
``SEC. 4133. DEFINITIONS.
``In this subpart, the following definitions apply:
``(1) Child.--The term `child' means an individual who is
not less than 5 years old and not more than 17 years old.
``(2) Child and adolescent psychiatrist.--The term `child
and adolescent psychiatrist' has the meaning given such term in
section 5421(e).
``(3) Child in poverty.--The term `child in poverty' means
a child from a family with an income below the poverty line.
``(4) Mental health and student service provider.--The term
`mental health and student service provider' means a qualified
individual who provides mental health and student services,
including any individual who is a qualified school counselor, a
qualified school psychologist or any other qualified
psychologist, a child or adolescent psychiatrist, or a
qualified school social worker.
``(5) Mental health and student services.--The term `mental
health and student services' includes direct, individual, and
group services provided to students, parents, and school
personnel by mental health and student service providers, and
the coordination of prevention strategies in schools or
community-based programs.
``(6) Other qualified psychologist.--The term `other
qualified psychologist' has the meaning given such term in
section 5421(e).
``(7) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
``(8) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(9) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in a school setting;
``(B) possesses State licensure or certification in
school psychology in the State in which the individual
works; or
``(C) possesses national certification by the
National School Psychology Certification Board.
``(10) School social worker.--The term `school social
worker' means an individual who--
``(A) holds a master's degree in social work from a
program accredited by the Council on Social Work
Education;
``(B) is licensed or certified by the State in
which services are provided; or
``(C) possesses a national credential or national
certification as a school social work specialist
granted by an independent professional organization.
``(11) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 4134. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER
GRANT PROGRAM.
``(a) In General.--In accordance with this subpart, the Secretary
shall make grants to eligible States to assist local educational
agencies in those States in hiring additional school-based mental
health and student service providers.
``(b) Allocation of Funds.--From the total amount appropriated for
a fiscal year to carry out this subpart, the Secretary shall--
``(1) make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities that carry out
the purposes of this subpart; and
``(2) make available in the form of grants to each eligible
State an amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total amount as the number of
children in poverty who reside in the State bears to
the number of such children in all States; and
``(B) an amount that bears the same relationship to
50 percent of such total amount as the number of
children enrolled in public and private nonprofit
elementary schools and secondary schools in the State
bears to the number of children enrolled in all such
schools in all States.
``(c) Minimum Grant.--Notwithstanding subsection (b), no grant
under this section shall be for an amount less than $1,000,000.
``(d) Reallocation.--The Secretary shall reallocate to States that
have received approval under subsection (e)(2) any funds allocated
under subsection (b) to a State that fails to submit an application
that is approved by the Secretary.
``(e) Application by State.--
``(1) In general.--To be eligible to receive a grant under
this subpart, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Approval.--The Secretary may not approve an
application under this subsection unless the State submitting
the application--
``(A) presents a plan, which the Secretary
considers to be reasonable, under which the State will
make grants, in accordance with the purposes of this
subpart, to local educational agencies to fund the
hiring of additional school counselors, school
psychologists, other qualified psychologists, child and
adolescent psychiatrists, and school social workers;
and
``(B) provides an assurance that the State will
provide the matching amount required under subsection
(g).
``(f) Use of Funds by State.--
``(1) In general.--In accordance with this subsection, the
total of the amounts made available to a State under this
section and the amounts of the non-Federal match required under
subsection (g) may only be used by a State to make grants to
local educational agencies to assist such agencies in hiring
additional school-based mental health and student service
providers.
``(2) Administrative costs.--In each fiscal year, a State
may use not more than 5 percent of the assistance made
available to it under this subpart for the administrative costs
of the State in carrying out the State's responsibilities under
this subpart.
``(3) Allocation of funds.--In making grants in accordance
with this subsection, the State shall allocate from the total
described in paragraph (1) to each local educational agency an
amount equal to the sum of--
``(A) an amount that bears the same relationship to
50 percent of such total as the number of children in
poverty who reside in the school district served by the
local educational agency bears to the number of such
children who reside in all the school districts in the
State; and
``(B) an amount that bears the same relationship to
50 percent of such total as the number of children
enrolled in public and private nonprofit elementary
schools and secondary schools in the school district
served by the local educational agency bears to the
number of children enrolled in all such schools in the
State.
``(4) Minimum grant.--Notwithstanding paragraph (3), no
grant made by a State in accordance with this subsection shall
be for an amount less than $50,000.
``(5) Source of data.--For purposes of paragraph (3), the
State shall use data from the most recent fiscal year for which
satisfactory data are available, except that the State may
adjust such data, or use alternative child poverty data, if the
State demonstrates to the Secretary's satisfaction that such
adjusted or alternative data more accurately reflect the
relative incidence of children who are living in poverty and
who reside in the school districts in the State.
``(6) Application by local educational agencies.--A State
may require that, in order to be eligible for a grant made by
the State in accordance with this subsection, a local
educational agency shall submit an application to the State at
such time, in such manner, and containing such information as
the State may require.
``(g) Matching Funds.--
``(1) In general.--As a condition of receiving a grant
under this section, the Secretary shall require that a State
provide from non-Federal sources an amount equal to the amount
of the grant.
``(2) Local contribution.--In making grants to local
educational agencies in accordance with this subsection, a
State may require that a local educational agency match a
portion of the amount of the grant made to the agency.
``(3) Form.--The non-Federal share required by this
subsection may be provided in cash or in kind, fairly
evaluated, and may include facilities, equipment, or services.
``(h) Funds To Be Supplementary.--Assistance made available under
this subpart shall be used to supplement, and may not supplant,
Federal, State, or local funds used for employing school-based mental
health and student service providers.
``(i) Data Collection and Report.--
``(1) In general.--For each fiscal year for which it
receives assistance under this subpart, a State shall collect
data describing how the assistance is used.
``(2) Report.--Not later than 1 year after assistance is
made available to a State under this subpart, the State shall
transmit to the Secretary a report on the data described in
paragraph (1), including information with respect to each local
educational agency to which the State made a grant with
assistance made available under this subpart--
``(A) the number of school counselors, school
psychologists, other qualified psychologists, child and
adolescent psychiatrists, and school social workers
employed by local educational agency; and
``(B) the ratio of students to school counselors,
the ratio of students to school psychologists or other
qualified psychologists, the ratio of students to child
and adolescent psychiatrists, and the ratio of students
to school social workers.
``(3) Source of funds.--A State may use a portion of the
assistance permitted to be used for administrative costs to
carry out its responsibilities under this subsection.
``(4) Publication.--The Secretary shall make data received
under this subsection publicly available on an annual basis.
``SEC. 4135. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$100,000,000 for each of fiscal years 2021 through 2025.''.
(b) Clerical Amendment.--The table of contents for the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended
by inserting after the item relating to section 4121 the following:
``subpart 3--school-based mental health and student service providers
``Sec. 4131. Findings.
``Sec. 4132. Purposes.
``Sec. 4133. Definitions.
``Sec. 4134. School-based mental health and student service provider
grant program.
``Sec. 4135. Authorization of appropriations.''.
Subtitle E--Expressing the Sense of the House of Representatives
Regarding the Need for Increased Diversity and Inclusion in the Tech
Sector, and Increased Access to Opportunity in Science, Technology,
Engineering, Arts, and Mathematics (STEAM) Education
SEC. 50501. FINDINGS.
Congress finds the following:
(1) There will be 1,400,000 new tech jobs by 2020, however,
70 percent of those jobs will be unfulfilled at the rate United
States universities are currently producing qualified
graduates.
(2) Communities of color (African Americans, Latinos,
Native Americans, Asian Americans, and Pacific Islanders) are
woefully underrepresented in corporate leadership roles,
including the technology sector.
(3) African Americans, Latinos, Native Americans, and
Pacific Islanders are disproportionately underrepresented in
the technology sector.
(4) Black and Hispanic workers in the science and
engineering workforce continue to be underrepresented, Black
employees represent 11 percent of the United States workforce
but only 9 percent of the science and engineering workforce,
and Hispanic employees represent 16 percent of the United
States workforce but only 7 percent of the science and
engineering workforce.
(5) The share of women working in science and engineering
jobs has held steady around 50 percent since 1990, but the
share of women in specific fields has varied from 47 percent in
life sciences to only 25 percent in computer science.
(6) Women of color represent less than 10 percent of all
computer science professionals (African American: 5.7 percent;
Hispanic: 6.4 percent; American Indian or Alaska Native: 0.1
percent; and Asian: 22.9 percent).
(7) 50 to 70 percent of employees in tech companies work in
non-tech positions, for which an existing pipeline of qualified
African Americans and Latinos currently exists.
(8) A pipeline of qualified technical candidates is
critical as the tech industry improves its recruiting, hiring,
and retaining of candidates and employees of color.
(9) Underrepresented minority students overall face an
opportunity gap in STEAM education.
(10) Women of color particularly face an achievement gap in
science and engineering education.
(11) In 2015, women were conferred nearly a third of all
science and engineering degrees.
(12) In 2015, women of color received only 13 percent of
all science and engineering degrees (Black: 3.2 percent;
Hispanic: 3.9 percent; Native American or Alaskan Native: 0.2
percent; Asian or Pacific Islander: 4.5 percent; and multi-
racial: 1.2 percent).
(13) Women overall face a large opportunity gap in computer
science.
(14) Only 18 of all bachelor's degrees conferred in
computer science went to women in 2015.
(15) In 2015, women of color received only 9 percent of
degrees conferred in computer science (Black: 3 percent;
Hispanic: 2 percent; Native American or Alaska Native: 0.8
percent; and Asian or Pacific Islander: 3 percent).
(16) The opportunity and achievement gap between boys and
girls starts early.
(17) In 2017, 22 percent of high schools offered the
Advanced Placement (AP) Computer Science course, and only 35
percent of high schools teach computer science.
(18) In 2018, 28 percent of AP Computer Science test takers
were girls, and 21 percent were African American or Latino.
(19) There is a dearth of disaggregated data to show
academic attainment across different Asian-American and Pacific
Islander communities.
SEC. 50502. NECESSITY OF REDUCING AND ELIMINATING BARRIERS FOR
MINORITIES IN STEAM.
That the House of Representatives supports efforts to--
(1) increase diversity and inclusion in the technology
sector, including robust plans to ensure recruitment, training,
and retention of underrepresented minorities at all levels,
from the boardroom to the senior executive level, to rank and
file employees, as well as vendors;
(2) eliminate barriers faced by people of color, and other
underrepresented groups when breaking into the technology
sector;
(3) ensure all students have access to science, technology,
engineering, arts, and mathematics (STEAM) education for a 21st
century economy, including computer science education in
particular;
(4) strengthen investments in, and collaborations with
educational institutions including community colleges,
Historically Black Colleges and Universities, Hispanic-serving
institutions, Asian-American, Native American, and Pacific
Islander-serving institutions, American Indian Tribally
controlled colleges and universities, Alaska Native and Native
Hawaiian-serving institutions, predominantly Black
institutions, Native American-serving, non-Tribal institutions,
and other minority-serving institutions to sustain a pipeline
of diverse STEAM graduates ready to enter the technology
sector; and
(5) improve data collection, disaggregation, and
dissemination of information for greater understanding and
transparency of diversity in STEAM education and across the
workforce.
Subtitle F--Supporting the Goals and Ideals of No Name-Calling Week in
Bringing Attention to Name-calling of All Kinds and Providing Schools
With the Tools and Inspiration to Launch an Ongoing Dialogue About Ways
to Eliminate Name-calling and Bullying in Their Communities
SEC. 50601. FINDINGS.
Congress finds the following:
(1) No Name-Calling Week is an annual week of educational
activities aimed at ending name-calling of all kinds and
providing schools with the tools and inspiration to launch an
ongoing dialogue about ways to eliminate name-calling and
bullying in their communities.
(2) Tens of thousands of elementary and middle school
students have participated in No Name-Calling Week since its
inception in 2004.
(3) Over 3,000 students help to lead No Name-Calling Week
each year.
(4) 26 percent of elementary students reported hearing
others say hurtful things based on another student's race or
ethnic background.
(5) 36 percent of elementary students reported being
bullied or called names at some point while in school.
(6) Elementary students who are bullied are four times as
likely as other students to say they do not want to go to
school because they feel afraid or unsafe.
(7) Over 87 percent of LGBTQ middle and high school
students have heard negative remarks about transgender people.
(8) Over 70 percent of LGBTQ middle and high school
students were verbally harassed in the past year because of
their sexual orientation.
(9) 48 percent of LGBTQ middle and high school students
experienced harassment via electronic means in the past year.
(10) Students who faced anti-LGBTQ discrimination at school
were more likely to receive school discipline than their peers.
(11) Students feeling unsafe in their schools has often
resulted in missed school days and exposes students to
disciplinary actions because of truancy policies.
(12) Nearly 70 percent of American Indian or Alaska Native
(or Two Spirit) LGBTQ middle and high school students felt
unsafe based on their sexual orientation or gender identity in
the past year.
(13) 60 percent of Latinx LGBTQ middle and high school
students experienced bullying based on their gender identity in
the past year.
(14) Nearly 60 percent of Black LGBTQ middle and high
school students experienced bullying based on their sexual
orientation in the past year.
(15) Nearly 50 percent of multiracial LGBTQ middle and high
school students felt unsafe in school based on the way they
express their gender.
(16) Over 25 percent of LGBTQ students reported being
victimized at school based on their actual or perceived
disability.
SEC. 50602. NECESSITY OF ADDITIONAL PROTECTIONS FOR LGBT YOUTH IN
SCHOOLS.
That Congress--
(1) supports the goals and ideals of No Name-Calling Week;
(2) encourages the people of the United States to observe
No Name-Calling Week with appropriate ceremonies, programs, and
activities;
(3) encourages schools to consider a more comprehensive
anti-bullying and harassment policy that contains specific
provisions addressing infractions based on the sexual
orientation or gender identity of the victim; and
(4) calls for schools to have more inclusive curricula on
LGBTQ people, history, and events.
Subtitle G--Getting Youth Re-invested in Environmental Education Now
SEC. 50701. SHORT TITLE.
This subtitle may be cited as--
(1) the ``Getting Youth Re-invested in Environmental
Education Now Act''; or
(2) the ``GREEN Act''.
SEC. 50702. FINDINGS.
The Congress makes the following findings:
(1) Environmental justice education is essential for--
(A) producing students who are prepared to address
not only the imminent climate change issues that effect
them locally, but to be the driving force behind global
environmental solutions that will be the stimulus of an
emerging eco-efficient economy;
(B) addressing the global and local environmental
issues that are disproportionately affecting people of
color; and
(C) fostering a critical understanding of the
environment within the context of human political and
social actions.
(2) Environmental justice education lends itself to the
field of service learning with the call to move beyond the
classroom and experience the earth in an experiential, embodied
way which empowers students to confront global environmental
justice.
(3) States and local educational agencies should create an
integrated curriculum in which environmental justice education
is incorporated throughout subject areas such as math, science,
history, language arts, and all other core subject areas.
(4) Environmental justice education uses multiple
strategies including experiential learning, integrated core
subject study, analytical research, and project based learning.
SEC. 50703. GRANTS AUTHORIZED.
(a) In General.--The Secretary of Education shall, subject to the
availability of appropriations, make grants on a competitive basis
under this subtitle to States and to local educational agencies that
submit to the Secretary an application at such time and in such manner
as the Secretary may require. The purpose of the grants is to assist
eligible recipients to develop an environmental justice curriculum, and
a co-op program, for students attending middle and high schools that--
(1) receive funds under part A of title I of the Elementary
and Secondary Education Act of 1965 (29 U.S.C. 6311 et seq.);
and
(2) are located in an urban community that may be
disproportionately affected by climate change, pollution, and
other environmental issues.
(b) Curriculum Development.--An environmental justice curriculum
developed with funds received under this subtitle shall satisfy the
following objectives:
(1) Educating students, through experiential learning and
otherwise, about topics relating to environmental justice, such
as air pollution, lead paint poisoning, access to organic
foods, sustainable agriculture, proximity to landfills, toxic
dumping, relative asthma rates, and the historical patterns of
environmental impacts.
(2) Empowering students actively to address environmental
issues in their local neighborhoods while also considering
global environmental problems.
(3) Allowing students to explore careers that involve
solving environmental problems and cultivating innovators to
solve such problems.
(4) Enhancing life skills required for sound personal
decision making, participation in civic and cultural affairs,
and economic productivity, such as problem solving, critical
thinking, and good stewardship.
(5) Establishing a nurturing environment that fosters
democratic and socially just relationships among schools,
families, and surrounding communities.
(c) Co-op Program Development.--A co-op program developed with
funds received under this subtitle shall satisfy the following
objectives:
(1) Linking students with career opportunities in the
environmental field by building partnerships with the public
and private sector.
(2) Providing students with an opportunity to earn
secondary school course credits or credits towards the
jurisdiction's service learning requirements during the summer
through experiential learning such as internships and other
types of field experience.
(3) Assisting students in building skills necessary for
workforce success, such as development of a career path;
resume, letter, and memoranda writing; and job interviewing.
(4) Providing students with mentors recruited through the
partnerships described in paragraph (1) who are equipped to
assist a mentee in the skill building described in paragraph
(3).
Subtitle H--America's College Promise
SEC. 50801. SHORT TITLE.
This subtitle may be cited as the ``America's College Promise Act
of 2020''.
SEC. 50802. PURPOSE.
The purpose of this subtitle is to help all individuals of the
United States earn the education and skills the individuals need--
(1) by making 2 years of community college free, through a
new partnership with States and Indian tribes to help the
States and Indian tribes--
(A) waive resident community college tuition and
fees for eligible students;
(B) maintain State and Indian tribe support for
higher education; and
(C) promote key reforms to improve student
outcomes; and
(2) through a new partnership with minority-serving
institutions to--
(A) encourage eligible students to enroll and
successfully complete a baccalaureate degree at
participating institutions; and
(B) promote key reforms to improve student
outcomes.
PART 1--STATE AND INDIAN TRIBE GRANTS FOR COMMUNITY COLLEGES
SEC. 50811. IN GENERAL.
From amounts appropriated under section 50817(a) for any fiscal
year, the Secretary shall award grants to eligible States and Indian
tribes to pay the Federal share of expenditures needed to carry out the
activities and services described in section 50815.
SEC. 50812. FEDERAL SHARE; NON-FEDERAL SHARE.
(a) Federal Share.--
(1) Formula.--Subject to paragraph (2), the Federal share
of a grant under this part shall be based on a formula,
determined by the Secretary, that--
(A) accounts for the State or Indian tribe's share
of eligible students; and
(B) provides, for each eligible student in the
State or Indian tribe, a per-student amount that is--
(i) not less than 300 percent of the per-
student amount of the State or Indian tribe
share, determined under subsection (b), subject
to clause (ii); and
(ii) not greater than 75 percent of--
(I) for the 2021-2022 award year,
the average resident community college
tuition and fees per student in all
States for the most recent year for
which data are available; and
(II) for each subsequent award
year, the average resident community
college tuition and fees per student in
all States calculated under this
subclause for the preceding year,
increased by the lesser of--
(aa) the percentage by
which the average resident
community college tuition and
fees per student in all States
for the most recent year for
which data are available
increased as compared to such
average for the preceding year;
or
(bb) 3 percent.
(2) Exception for certain indian tribes.--In any case in
which not less than 75 percent of the students at the community
colleges operated or controlled by an Indian tribe are low-
income students, the amount of the Federal share for such
Indian tribe shall be not less than 95 percent of the total
amount needed to waive tuition and fees for all eligible
students enrolled in such community colleges.
(b) State or Tribal Share.--
(1) Formula.--
(A) In general.--The State or tribal share of a
grant under this part for each fiscal year shall be the
amount needed to pay 25 percent of the average
community college resident tuition and fees per student
in all States in the 2021-2022 award year for all
eligible students in the State or Indian tribe,
respectively, for such fiscal year, except as provided
in subparagraph (B).
(B) Exception for certain indian tribes.--In a case
in which not less than 5 percent of the students at the
community colleges operated or controlled by an Indian
tribe are low-income students, the amount of such
Indian tribe's tribal share shall not exceed 5 percent
of the total amount needed to waive tuition and fees
for all eligible students enrolled in such community
colleges.
(2) Need-based aid.--A State or Indian tribe may include
any need-based financial aid provided through State or tribal
funds to eligible students as part of the State or tribal
share.
(3) No in-kind contributions.--A State or Indian tribe
shall not include in-kind contributions for purposes of the
State or tribal share described in paragraph (1).
SEC. 50813. ELIGIBILITY.
To be eligible for a grant under this part, a State or Indian tribe
shall agree to waive community college resident tuition and fees for
all eligible students for each year of the grant.
SEC. 50814. APPLICATIONS.
(a) Submission.--For each fiscal year for which a State or Indian
tribe desires a grant under this part, an application shall be
submitted to the Secretary at such time, in such manner, and containing
such information as the Secretary may require. Such application shall
be submitted by--
(1) in the case of a State, the Governor, the State agency
with jurisdiction over higher education, or another agency
designated by the Governor to administer the program under this
part; or
(2) in the case of an Indian tribe, the governing body of
such tribe.
(b) Contents.--Each State or Indian tribe application shall
include, at a minimum--
(1) an estimate of the number of eligible students in the
State or Indian tribe and the cost of waiving community college
resident tuition and fees for all eligible students for each
fiscal year covered by the grant, with annual increases of an
amount that shall not exceed 3 percent of the prior year's
average resident community college tuition and fees;
(2) an assurance that all community colleges in the State
or under the jurisdiction of the Indian tribe, respectively,
will waive resident tuition and fees for eligible students in
programs that are--
(A) academic programs with credits that can fully
transfer via articulation agreement toward a
baccalaureate degree or postbaccalaureate degree at any
public institution of higher education in the State; or
(B) occupational skills training programs that lead
to a recognized postsecondary credential that is in an
in-demand industry sector or occupation in the State;
(3) a description of the promising and evidence-based
institutional reforms and innovative practices to improve
student outcomes, including completion or transfer rates, that
have been or will be adopted by the participating community
colleges, such as--
(A) providing comprehensive academic and student
support services, including mentoring and advising,
especially for low-income, first-generation, adult, and
other underrepresented students;
(B) providing accelerated learning opportunities,
such as dual or concurrent enrollment programs,
including early college high school programs;
(C) advancing competency-based education;
(D) strengthening remedial education, especially
for low-income, first-generation, adult and other
underrepresented students;
(E) implementing course redesigns of high-
enrollment courses to improve student outcomes and
reduce cost; or
(F) utilizing career pathways or degree pathways;
(4) a description of how the State or Indian tribe will
promote alignment between its public secondary school and
postsecondary education systems, including between 2-year and
4-year public institutions of higher education and with
minority-serving institutions described in section 371 of the
Higher Education Act of 1965 (20 U.S.C. 1067q), to expand
awareness of and access to postsecondary education, reduce the
need for remediation and repeated coursework, and improve
student outcomes;
(5) a description of how the State or Indian tribe will
ensure that programs leading to a recognized postsecondary
credential meet the quality criteria established by the State
under section 123(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3153(a)) or other quality criteria
determined appropriate by the State or Indian tribe;
(6) an assurance that all participating community colleges
in the State or under the authority of the Indian tribe have
entered into program participation agreements under section 487
of the Higher Education Act of 1965 (20 U.S.C. 1094); and
(7) an assurance that, for each year of the grant, the
State or Indian tribe will notify each eligible student of the
student's remaining eligibility for assistance under this part.
SEC. 50815. ALLOWABLE USES OF FUNDS.
(a) In General.--A State or Indian tribe shall use a grant under
this part only to provide funds to participating community colleges to
waive resident tuition and fees for eligible students who are enrolled
in--
(1) academic programs with credits that can fully transfer
via articulation agreement toward a baccalaureate degree or
postbaccalaureate degree at any public institution of higher
education in the State; or
(2) occupational skills training programs that lead to a
recognized postsecondary credential that is in an in-demand
industry sector or occupation in the State.
(b) Additional Uses.--If a State or Indian tribe demonstrates to
the Secretary that it has grant funds remaining after meeting the
demand for activities described in subsection (a), the State or Indian
tribe may use those funds to carry out one or more of the following:
(1) Expanding the waiver of resident tuition and fees at
community college to students who are returning students or
otherwise not enrolling in postsecondary education for the
first time, and who meet the student eligibility requirements
of clauses (i) through (v) of section 50816(5)(A).
(2) Expanding the scope and capacity of high-quality
academic and occupational skills training programs at community
colleges.
(3) Improving postsecondary education readiness in the
State or Indian tribe, through outreach and early intervention.
(4) Expanding access to dual or concurrent enrollment
programs, including early college high school programs.
(5) Improving affordability at 4-year public institutions
of higher education.
(c) Use of Funds for Administrative Purposes.--A State or Indian
tribe that receives a grant under this part may not use any funds
provided under this part for administrative purposes relating to the
grant under this part.
(d) Maintenance of Effort.--A State or Indian tribe receiving a
grant under this part is entitled to receive its full allotment of
funds under this part for a fiscal year only if, for each year of the
grant, the State or Indian tribe provides financial support for public
higher education at a level equal to or exceeding the average amount
provided per full-time equivalent student for public institutions of
higher education for the 3 consecutive preceding State or Indian tribe
fiscal years. In making the calculation under this subsection, the
State or Indian tribe shall exclude capital expenses and research and
development costs and include need-based financial aid for students who
attend public institutions of higher education.
(e) Annual Report.--
(1) A State or Indian tribe receiving a grant under this
part shall submit an annual report to the Secretary describing
the uses of grant funds under this part, the progress made in
fulfilling the requirements of the grant, and rates of
graduation, transfer and attainment of recognized postsecondary
credentials at participating community colleges, and including
any other information as the Secretary may require.
(2) At the discretion of the Secretary, the information
required in the report under paragraph (1) may be included in
an annual report on higher education required under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
(f) Reporting by Secretary.--The Secretary annually shall--
(1) compile and analyze the information described in
subsection (e); and
(2) prepare and submit a report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Representatives
containing the analysis described in paragraph (1) and an
identification of State and Indian tribe best practices for
achieving the purpose of this part.
(g) Technical Assistance.--The Secretary shall provide technical
assistance to eligible States and Indian tribes concerning best
practices regarding the promising and evidence-based institutional
reforms and innovative practices to improve student outcomes as
described in section 50814(b)(3) and shall disseminate such best
practices among the States and Indian tribes.
(h) Continuation of Funding.--
(1) In general.--A State or Indian tribe receiving a grant
under this part for a fiscal year may continue to receive
funding under this part for future fiscal years conditioned on
the availability of budget authority and on meeting the
requirements of the grant, as determined by the Secretary.
(2) Discontinuation.--The Secretary may discontinue funding
of the Federal share of a grant under this part if the State or
Indian tribe has violated the terms of the grant or is not
making adequate progress in implementing the reforms described
in the application submitted under section 50814.
SEC. 50816. DEFINITIONS.
In this part:
(1) Career pathway.--The term ``career pathway'' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
(2) Community college.--The term ``community college''
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree, including 2-year tribally controlled
colleges under section 316 of the Higher Education Act of 1965
(20 U.S.C. 1059c) and public 2-year State institutions of
higher education.
(3) Dual or concurrent enrollment program.--The term ``dual
or concurrent enrollment program'' has the meaning given the
term in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(4) Early college high school.--The term ``early college
high school'' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Eligible student.--
(A) Definition.--The term ``eligible student''
means a student who--
(i)(I) enrolls in a community college after
the date of enactment of this Act; or
(II) is enrolled in a community college as
of the date of enactment of this Act;
(ii) attends the community college on not
less than a half-time basis;
(iii) is maintaining satisfactory progress,
as defined in section 484(c) of the Higher
Education Act of 1965 (20 U.S.C. 1091(c)), in
the student's course of study;
(iv) qualifies for resident tuition, as
determined by the State or Indian tribe; and
(v) is enrolled in an eligible program
described in section 50814(b)(2).
(B) Special rule.--An otherwise eligible student
shall lose eligibility 3 calendar years after first
receiving benefits under this part.
(6) In-demand industry sector or occupation.--The term
``in-demand industry sector or occupation'' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
(8) 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).
(9) Recognized postsecondary credential.--The term
``recognized postsecondary credential'' has the meaning as
described in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
SEC. 50817. APPROPRIATIONS.
(a) Authorization and Appropriations.--For the purpose of making
grants under this part, there are authorized to be appropriated, and
there are appropriated--
(1) $1,515,150,000 for fiscal year 2021;
(2) $3,352,200,000 for fiscal year 2022;
(3) $4,277,940,000 for fiscal year 2023;
(4) $5,988,450,000 for fiscal year 2024;
(5) $7,837,710,000 for fiscal year 2025;
(6) $8,974,350,000 for fiscal year 2026;
(7) $11,302,020,000 for fiscal year 2027;
(8) $14,451,090,000 for fiscal year 2028;
(9) $15,077,130,000 for fiscal year 2029; and
(10) $15,729,810,000 for fiscal year 2030 and each
succeeding fiscal year.
(b) Availability.--Funds appropriated under subsection (a) shall
remain available to the Secretary until expended.
(c) Insufficient Funds.--If the amount appropriated under
subsection (a) for a fiscal year is not sufficient to award each
participating State and Indian tribe a grant under this part that is
equal to the minimum amount of the Federal share described in section
50812(a), the Secretary may ratably reduce the amount of each such
grant or take other actions necessary to ensure an equitable
distribution of such amount.
PART 2--GRANTS TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES,
HISPANIC-SERVING INSTITUTIONS, ASIAN AMERICAN AND NATIVE AMERICAN
PACIFIC ISLANDER-SERVING INSTITUTIONS, TRIBAL COLLEGES AND
UNIVERSITIES, ALASKA NATIVE-SERVING INSTITUTIONS, NATIVE HAWAIIAN-
SERVING INSTITUTIONS, PREDOMINANTLY BLACK INSTITUTIONS, AND NATIVE
AMERICAN-SERVING NONTRIBAL INSTITUTIONS
SEC. 50821. PATHWAYS TO STUDENT SUCCESS FOR HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES.
(a) In General.--From amounts appropriated under section 50824(a)
for any fiscal year, the Secretary shall award grants to participating
4-year historically black colleges or universities that meet the
requirements of subsection (b) to--
(1) encourage students to enroll and successfully complete
a bachelor's degree at participating institutions;
(2) provide incentives to community college students to
transfer to participating institutions through strong transfer
pathways to complete a bachelor's degree program; and
(3) support participating institutions to better serve new
and existing students by engaging in reforms and innovations
designed to improve completion rates and other student
outcomes.
(b) Eligibility.--To be eligible to receive a grant under the
program under this section, an institution shall be a historically
black college or university that--
(1) has a student body of which not less than 35 percent
are low-income students;
(2) commits to maintaining or adopting and implementing
promising and evidence-based institutional reforms and
innovative practices to improve the completion rates and other
student outcomes, such as--
(A) providing comprehensive academic and student
support services, including mentoring and advising;
(B) providing accelerated learning opportunities
and degree pathways, such as dual enrollment and
pathways to graduate and professional degree programs;
(C) advancing distance and competency-based
education;
(D) partnering with employers, industry, not-for-
profit associations, and other groups to provide
opportunities to advance learning outside the
classroom, including work-based learning opportunities
such as internships or apprenticeships or programs
designed to improve inter-cultural development and
personal growth, such as foreign exchange and study
abroad programs;
(E) reforming remedial education, especially for
low-income students, first generation college students,
adult students, and other underrepresented students; or
(F) implementing course redesigns of high-
enrollment courses to improve student outcomes and
reduce cost;
(3) sets performance goals for improving student outcomes
for the duration of the grant; and
(4) if receiving a grant for transfer students, has
articulation agreements with community colleges at the
national, State, or local level to ensure that community
college credits can fully transfer to the participating
institution.
(c) Grant Amount.--
(1) Initial amount.--For the first year that an eligible
institution participates in the grant program under this
section and subject to paragraph (3), such eligible institution
shall receive a grant in an amount based on the product of--
(A) the actual cost of tuition and fees at the
eligible institution in such year (referred to in this
section as the per-student rebate); multiplied by
(B) the number of eligible students enrolled in the
eligible institution for the preceding year.
(2) Subsequent increases.--For each succeeding year after
the first year of the grant program under this section, each
participating eligible institution shall receive a grant in the
amount determined under paragraph (1) for such year, except
that in no case shall the amount of the per-student rebate for
an eligible institution increase by more than 3 percent as
compared to the amount of such rebate for the preceding year.
(3) Limitations.--
(A) Maximum per-student rebate.--No eligible
institution participating in the grant program under
this section shall receive a per-student rebate amount
for any year that is greater than the national average
of annual tuition and fees at public 4-year
institutions of higher education for such year, as
determined by the Secretary.
(B) First year tuition and fees.--During the first
year of participation in the grant program under this
section, no eligible institution may increase tuition
and fees at a rate greater than any annual increase at
the eligible institution in the previous 5 years.
(d) Application.--An eligible institution that desires 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.
(e) Use of Funds.--Funds awarded under this section to a
participating eligible institution shall be used to waive or
significantly reduce tuition and fees for eligible students in an
amount of not more than up to the annual per-student rebate amount for
each student, for not more than the first 60 credits an eligible
student enrolls in the participating eligible institution.
SEC. 50822. PATHWAYS TO STUDENT SUCCESS FOR HISPANIC-SERVING
INSTITUTIONS, ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS, TRIBAL COLLEGES AND
UNIVERSITIES, ALASKA NATIVE-SERVING INSTITUTIONS, NATIVE
HAWAIIAN-SERVING INSTITUTIONS, PREDOMINANTLY BLACK
INSTITUTIONS, AND NATIVE AMERICAN-SERVING NONTRIBAL
INSTITUTIONS.
(a) In General.--From amounts appropriated under section 50824(a)
for any fiscal year, the Secretary shall award grants to participating
4-year minority-serving institutions to--
(1) encourage students to enroll and successfully complete
a bachelor's degree at participating institutions;
(2) provide incentives to community college students to
transfer to participating institutions through strong transfer
pathways to complete a bachelor's degree program; and
(3) support participating institutions to better serve new
and existing students by engaging in reforms and innovations
designed to improve completion rates and other student
outcomes.
(b) Institutional Eligibility.--To be eligible to participate and
receive a grant under this section, an institution shall be a minority-
serving institution that--
(1) has a student body of which not less than 35 percent
are low-income students;
(2) commits to maintaining or adopting and implementing
promising and evidence-based institutional reforms and
innovative practices to improve the completion rates and other
student outcomes, such as--
(A) providing comprehensive academic and student
support services, including mentoring and advising;
(B) providing accelerated learning opportunities
and degree pathways, such as dual enrollment and
pathways to graduate and professional degree programs;
(C) advancing distance and competency-based
education;
(D) partnering with employers, industry, not-for-
profit associations, and other groups to provide
opportunities to advance learning outside the
classroom, including work-based learning opportunities
such as internships or apprenticeships or programs
designed to improve inter-cultural development and
personal growth, such as foreign exchange and study
abroad programs;
(E) reforming remedial education, especially for
low-income students, first generation college students,
adult students, and other underrepresented students;
and
(F) implementing course redesigns of high-
enrollment courses to improve student outcomes and
reduce cost;
(3) sets performance goals for improving student outcomes
for the duration of the grant; and
(4) if receiving a grant for transfer students, has
articulation agreements with community colleges at the
national, State, or local levels to ensure that community
college credits can fully transfer to the participating
institution.
(c) Grant Amount.--
(1) Initial amount.--For the first year that an eligible
institution participates in the grant program under this
section and subject to paragraph (3), such participating
eligible institution shall receive a grant in an amount based
on the product of--
(A) the actual cost of tuition and fees at the
eligible institution in such year (referred to in this
section as the per-student rebate); multiplied by
(B) the number of eligible students enrolled in the
eligible institution for the preceding year.
(2) Subsequent increases.--For each succeeding year after
the first year of the grant program under this section, each
participating eligible institution shall receive a grant in the
amount determined under paragraph (1) for such year, except
that in no case shall the amount of the per-student rebate
increase by more than 3 percent as compared to the amount of
such rebate for the preceding year.
(3) Limitations.--
(A) Maximum per-student rebate.--No eligible
institution participating in the grant program under
this section shall receive a per-student rebate amount
for a grant year greater than the national average of
public four-year institutional tuition and fees, as
determined by the Secretary.
(B) First year tuition and fees.--During the first
year of participation in the grant program under this
section, no eligible institution may increase tuition
and fees at a rate greater than any annual increase
made by the institution in the previous 5 years.
(d) Application.--An eligible institution shall submit an
application to the Secretary at such time, in such a manner, and
containing such information as determined by the Secretary.
(e) Use of Funds.--Funds awarded under this section to a
participating eligible institution shall be used to waive or
significantly reduce tuition and fees for eligible students in an
amount of not more than up to the annual per-student rebate amount for
each student, for not more than the first 60 credits an eligible
student enrolls in the participating eligible institution.
SEC. 50823. DEFINITIONS.
In this part:
(1) Eligible student.--
(A) Definition.--The term ``eligible student''
means a student, regardless of age, who--
(i)(I) enrolls in a historically black
college or university, or minority-serving
institution; or
(II) transfers from a community college
into a historically black college or
university, or minority-serving institution;
(ii) attends the historically black college
or university, or minority serving institution,
on at least a half-time basis;
(iii) maintains satisfactory academic
progress; and
(iv) is a low-income student.
(B) Special rules.--
(i) First 3 years.--An otherwise eligible
student shall lose eligibility 3 calendar years
after first receiving benefits under this part.
(ii) Special rule for certain students.--
Notwithstanding subparagraph (A)(i), an
otherwise eligible student whose parent or
guardian was denied a Federal Direct PLUS loan
under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) after November
2011 and before March 29, 2015, and who
subsequently withdrew from a historically black
college or university, or minority-serving
institution, and has not yet completed a
program of study at such historically black
college or university or minority-serving
institution, shall be eligible to participate
under section 50821 or 50822 in order to
complete such program of study, subject to all
other requirements of section 50821 or 50822
(as the case may be).
(2) Historically black college or university.--The term
``historically black college or university'' means a part B
institution described in section 322(2) of the Higher Education
Act of 1965 (20 U.S.C. 1061(2)).
(3) Low-income student.--The term ``low-income student''--
(A) shall include any student eligible for a
Federal Pell Grant under section 401 of the Higher
Education Act of 1965 (20 U.S.C. 1070a); and
(B) may include a student ineligible for a Federal
Pell Grant under section 401 of the Higher Education
Act of 1965 (20 U.S.C. 1070a) who is determined by the
institution to be a low-income student based on an
analysis of the student's ability to afford the cost of
attendance at the institution.
(4) Minority-serving institution.--The term ``minority-
serving institution'' means any public or not-for-profit
institution of higher education--
(A) described in paragraphs (2) through (7) of
section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q); and
(B) designated as a minority-serving institution by
the Secretary.
SEC. 50824. APPROPRIATIONS.
(a) Authorization and Appropriations for HBCU and MSI Grants.--For
the purpose of carrying out sections 50821 and 50822, there are
authorized to be appropriated, and there are appropriated--
(1) $61,050,000 for fiscal year 2021;
(2) $199,800,000 for fiscal year 2022;
(3) $1,189,920,000 for fiscal year 2023;
(4) $1,237,650,000 for fiscal year 2024;
(5) $1,287,600,000 for fiscal year 2025;
(6) $1,338,660,000 for fiscal year 2026;
(7) $1,359,750,000 for fiscal year 2027;
(8) $1,449,660,000 for fiscal year 2028;
(9) $1,508,490,000 for fiscal year 2029; and
(10) $1,569,540,000 for fiscal year 2030 and each
succeeding fiscal year.
(b) Availability.--Funds appropriated under subsection (a) are to
remain available to the Secretary until expended.
(c) Insufficient Funds.--If the amount appropriated under
subsection (a) for a fiscal year is not sufficient to award each
participating institution in the grant programs under sections 50821
and 50822 a grant under this part equal to 100 percent of the grant
amount determined under section 50821(c), the Secretary may ratably
reduce the amount of each such grant or take other actions necessary to
ensure an equitable distribution of such amount.
Subtitle I--Go to High School, Go to College
SEC. 50901. SHORT TITLE.
This subtitle may be cited as the ``Go to High School, Go to
College Act of 2020''.
SEC. 50902. COLLEGE IN HIGH SCHOOL FEDERAL PELL GRANT PILOT PROGRAM.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
is amended by adding at the end the following:
``(k) College in High School Federal Pell Grant Pilot Program.--
``(1) In general.--For the award years beginning on July 1,
2020, and ending on June 30, 2026, the Secretary shall carry
out a pilot program to award College in High School Federal
Pell Grants to eligible students to support enrollment in, and
completion of, postsecondary courses offered through a dual or
concurrent enrollment program or an early college high school.
``(2) Size of program.--The Secretary is authorized to
enroll not more than 250 eligible institutions into the College
in High School Federal Pell Grant Pilot Program under this
subsection, with the intent of serving approximately 50,000
students.
``(3) Possibility of extension.--The Secretary is
authorized to extend the period of the pilot program under this
subsection at the discretion of the Secretary.
``(4) Application.--An eligible institution that desires to
participate in the College in High School Federal Pell Grant
Pilot Program under this subsection shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. As part of
the application, the eligible institution shall--
``(A) provide an assurance that such institution
will offer eligible students enrolled in the pilot
program the opportunity to earn not less than 12
credits on a pathway towards a degree or credential;
``(B) describe how the college course sequences
offered to such eligible students are part of a pathway
towards a degree or credential;
``(C) provide an assurance that such institution
will provide all students enrolled in dual or
concurrent enrollment programs and early college high
school programs, alongside students receiving College
in High School Federal Pell Grants under this
subsection, necessary support services to such eligible
students, such as academic tutoring, high school to
college transition support, guidance counseling, or
other comparable services designed to increase student
participation for and success in postsecondary
education;
``(D) describe how such institution will--
``(i) ensure that all students enrolled in
dual or concurrent enrollment programs and
early college high school programs, alongside
students receiving College in High School
Federal Pell Grants under this subsection,
complete the Free Application for Federal
Student Financial Aid (FAFSA);
``(ii) assist all such students with
completion of the FAFSA; and
``(iii) commit to advising students
receiving College in High School Federal Pell
Grants under this subsection about how receipt
of a College in High School Federal Pell Grant
will impact their future financial aid
eligibility;
``(E) describe the criteria for admission to the
pilot program that are used;
``(F) describe the instructors that the pilot
program will be using to teach the courses, and what
procedures the institution has in place to ensure that
the pilot program is using qualified instructors
compliant with State laws and accreditation standards;
``(G) describe how such institution will conduct
outreach to such eligible students, their parents or
caregivers, first-generation college students, and
historically underrepresented students, to encourage
enrollment in the pilot program;
``(H) commit to being a participant in a statewide
articulation agreement, have an articulation agreement
with at least one public institution of higher
education, or be able to document in another way
successful history of credit transfer of dual or
concurrent enrollment program coursework to other
public institutions of higher education;
``(I) provide an assurance that such institution
will inform such eligible students of their transfer
options before they enroll, including which other
institutions of higher education are likely to accept
credits accrued through participation in the pilot
program and under what conditions;
``(J) provide an assurance that such institution
will provide such eligible students with financial
counseling regarding how to use any refund checks they
receive for Federal Pell Grant funds in excess of the
costs of tuition and fees for students accumulating
more than 2 semesters of College in High School Federal
Pell Grants;
``(K) commit to supplement, not supplant, the use
of recurring public funding already received from
Federal or State sources; and
``(L) commit not to charge such eligible students
any additional costs above that covered by the
student's College in High School Federal Pell Grant.
``(5) Competitive priority.--The Secretary shall award
priority for participation in the College in High School
Federal Pell Grant Pilot Program under this subsection to--
``(A) an eligible institution that is partnered
with a high-need local educational agency that serves
one or more high-need high schools that serve a high
concentration of high-need students; and
``(B) with respect to eligible institutions that
offer a dual or concurrent enrollment program for which
certified high school instructors will be used to teach
the college classes, an eligible institution that has
received accreditation by the National Alliance of
Concurrent Enrollment Partnerships.
``(6) Distribution of awards.--The Secretary shall ensure
that eligible institutions awarded participation in the College
in High School Federal Pell Grant Pilot Program reflect a
diverse array of eligible institutions, including by geography,
program focus, and institution type.
``(7) Applicability of provisions.--
``(A) In general.--Except as otherwise provided
under this subsection, the provisions of this section
shall apply to College in High School Federal Pell
Grants awarded under this subsection.
``(B) Waivers from existing statute.--For the
purposes of carrying out the College in High School
Federal Pell Grant Pilot Program under this subsection,
for students enrolled at eligible institutions who have
been accepted into the pilot program, the Secretary
shall--
``(i) waive the requirement under section
484(a)(1) that a student not be enrolled in an
elementary or secondary school to be eligible
to receive a Federal Pell Grant; and
``(ii) waive the requirement under section
484(d) that a student be a high school graduate
to be eligible for a Federal Pell Grant.
``(C) Two semester cap waiver.--Notwithstanding
subsection (c)(5), an eligible student may receive not
more than 2 semesters, or the equivalent of 2
semesters, of College in High School Federal Pell
Grants, prior to drawing down from the student's 12
semester eligibility period for Federal Pell Grants.
``(D) Limitation on award amount.--For College in
High School Federal Pell Grants that do not apply
towards a student's 12 semester eligibility period for
Federal Pell Grants, the size of the College in High
School Federal Pell Grant shall be not more than the
smaller of--
``(i) the amount determined under
subsection (b); and
``(ii) the costs of tuition, fees,
transportation, and instructional materials at
the eligible institution at which the student
is enrolled.
``(8) Limitation on use of funding.--
``(A) In general.--An eligible student who receives
a College in High School Federal Pell Grant under this
subsection may use the grant only for--
``(i) credit-bearing college coursework;
and
``(ii) co-requisite courses.
``(B) Prohibition.--The use of a College in High
School Federal Pell Grant for non-credit bearing
developmental coursework is prohibited.
``(9) Evaluation.--
``(A) In general.--The Secretary shall perform an
evaluation, or contract with an appropriate nonprofit
entity to conduct an evaluation, on the success of the
College in High School Federal Pell Grant Pilot Program
under this subsection. In addition, the Secretary shall
provide updates to Congress and the public not less
often than every 6 months on current participation in
the College in High School Federal Pell Grant Pilot
Program, and any barriers that are potentially
affecting its success. The evaluation shall consider,
to the extent practicable, for students receiving a
College in High School Federal Pell Grant,
disaggregated by student subgroup, the following:
``(i) Student participation in the pilot
program.
``(ii) College credit accumulation.
``(iii) High school graduation rates.
``(iv) Postsecondary enrollment after high
school graduation.
``(v) Postsecondary enrollment without
remediation.
``(vi) Postsecondary persistence.
``(vii) Postsecondary completion.
``(viii) Differences in outcomes under
clauses (i) through (vii) based upon type of
institution, program model, and method of
instruction.
``(B) Reporting.--Each eligible institution that
participates in the College in High School Federal Pell
Grant Pilot Program under this subsection shall report
data to the Department for the purposes of completing
the evaluation under subparagraph (A).
``(10) Definitions.--In this subsection:
``(A) Co-requisite course.--The term `co-requisite
courses' means courses designed for college students in
need or remediation that combines credit-bearing
college-level coursework with supplemental instruction.
``(B) Dual or concurrent enrollment program.--The
term `dual or concurrent enrollment program' has the
meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965.
``(C) Early college high school.--The term `early
college high school' has the meaning given the term in
section 8101 of the Elementary and Secondary Education
Act of 1965.
``(D) First-generation college student.--The term
`first-generation college student' means--
``(i) an individual both of whose parents
did not complete a baccalaureate degree; or
``(ii) in the case of any individual who
regularly resided with and received support
from only 1 parent, an individual whose only
such parent did not complete a baccalaureate
degree.
``(E) High-need high school.--The term `high-need
high school' means a secondary school that meets any of
the following:
``(i) Serves students not less than 50
percent of whom are students who meet either of
the following:
``(I) Meet a measure of poverty as
described in section 1113(a)(5) of the
Elementary and Secondary Education Act
of 1965.
``(II) Are students described in
any of the following items:
``(aa) Racial or ethnic
groups that are historically
underserved.
``(bb) Children with
disabilities, as defined in
section 602 of the Individuals
with Disabilities Education
Act.
``(cc) English learners, as
defined in section 8101 of the
Elementary and Secondary
Education Act of 1965.
``(dd) Migratory children,
as defined in section 1309 of
the Elementary and Secondary
Education Act of 1965.
``(ee) Homeless children
and youths.
``(ff) Students who are in
foster care or are aging out of
the foster care system.
``(gg) Students with a
parent who is a member of the
Armed Forces (as defined in
section 101(a)(4) of title 10,
United States Code) on active
duty (as defined in section
101(d) of such title).
``(ii) Is identified for comprehensive
support and improvement under section
1111(c)(4)(D)(i) of the Elementary and
Secondary Education Act of 1965.
``(iii) Is implementing a targeted support
and improvement plan as described in section
1111(d)(2) of the Elementary and Secondary
Education Act of 1965.
``(F) High-need local educational agency.--The term
`high-need local educational agency' means a local
educational agency--
``(i) that serves not fewer than 10,000
children from families with incomes below the
poverty line;
``(ii) for which not less than 20 percent
of the children served by the agency are from
families with incomes below the poverty line;
or
``(iii) that is in the highest quartile of
local educational agencies in the State, based
on student poverty.
``(G) Historically underrepresented student.--The
term `historically underrepresented student' means--
``(i) a student, or prospective student, at
an institution of higher education who is at
risk of educational failure or otherwise in
need of special assistance and support; and
``(ii) may include an adult learner,
working student, part-time student, student
from a low-income background, student of color,
Native youth, single parent (including a single
pregnant woman), student who is a homeless
child or youth, youth who is in, or has aged
out of, the foster care system, first-
generation college student, and student with a
disability.
``(H) Student subgroup.--The term `student
subgroup' means--
``(i) economically disadvantaged students;
``(ii) students from major racial and
ethnic groups;
``(iii) children with disabilities, as
defined in section 602 of the Individuals with
Disabilities Education Act; and
``(iv) English learners, as defined in
section 8101 of the Elementary and Secondary
Education Act of 1965.''.
Subtitle J--America RISING
SEC. 51101. SHORT TITLE.
This subtitle may be cited as the ``America Realizing the
Informational Skills and Initiative of New Graduates Act of 2020'' or
``America RISING Act of 2020''.
SEC. 51102. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Labor Statistics, in 2012
the national unemployment rate for individuals ages 25 years
and older with a bachelor's degree was 4.5 percent and 6.2
percent for individuals with an associate's degree. For college
graduates ages 18 to 25 the national unemployment rate in 2012
was higher at 7.7 percent. Because the typical college
graduates leaves college owing an average of $29,400 in student
loan debt, a rate that has increased 6 percent every year since
2008, the current job market offers exceedingly few
opportunities for such graduates to obtain employment at a
salary adequate to service their college loan debt.
(2) There are more than 26 million small businesses in the
United States. In the current economic climate, these small
businesses are experiencing difficulty in finding the resources
needed to increase sales, modernize operations, and hire new
employees.
(3) Recent college graduates need the experience that can
be obtained only in the workplace to refine their skills and
develop the entrepreneurial qualities that can lead to the
creation of new businesses and jobs.
(4) Existing small businesses and companies will benefit
from the information and technology skills possessed by many of
the Nation's recent college graduates.
(5) Enabling recent college graduates to obtain employment
with small businesses benefits the national economy by
providing such businesses the human capital and technical
expertise needed to compete and win in the global economy of
the 21st century.
SEC. 51103. ESTABLISHMENT OF AMERICA RISING PROGRAM.
(a) Establishment.--The Secretary of Labor and the Secretary of
Education shall, jointly, establish a program under which--
(1) grants are paid to eligible employers to defray the
cost of compensation paid by such employers to recent college
graduates; and
(2) grants are paid to recent college graduates to enable
such graduates to defray the cost of undertaking further
postsecondary courses at an institution of higher education for
up to 24 months in subjects relating to mathematics, science,
engineering, or technology.
(b) Terms and Conditions.--
(1) In general.--A grant under this section may be made on
such terms and conditions as the Secretary may determine.
(2) Deferral of federal student loan obligations.--Each
recent college graduate participating in the program under this
section (by benefitting from a grant awarded under paragraph
(1), or receiving a grant under paragraph (2), of subsection
(a)) may defer payment on Federal student loans made to the
graduate under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for the period of the graduate's
participation in the program.
(3) Grants to eligible employers.--With respect to a grant
awarded under subsection (a)(1)--
(A) an eligible employer--
(i) may use the grant to defray the cost of
compensation for not more than 2 recent college
graduates; and
(ii) shall provide a compensation amount to
each recent college graduate participating in
the program that is equal to or greater than
the grant amount received by the employer for
the graduate; and
(B) the Secretary may not award an eligible
employer more than $25,000 per recent college graduate.
(4) Grants to recent college graduates.--With respect to a
grant awarded under subsection (a)(2) to a recent college
graduate, the graduate shall be eligible to receive Federal
student aid under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) without regard to whether the graduate
has been or is delinquent on any Federal student loans made to
the graduate under such title IV (20 U.S.C. 1070 et seq.).
(c) Definitions.--In this section:
(1) Eligible employer.--The term ``eligible employer''
means an employer that--
(A) is a small business concern; or
(B) is a major corporation that has an operation
located in--
(i) an enterprise zone; or
(ii) an area in which, according to the
most recent data available, the unemployment
rate exceeds the national average unemployment
rate by more than two percentage points.
(2) Enterprise zone.--The term ``enterprise zone'' has the
meaning given the term ``HUBzone'' in section 3 of the Small
Business Act (15 U.S.C. 632).
(3) Institution of higher education.--Except as provided in
paragraph (3)(B), 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).
(4) Major corporation.--The term ``major corporation''
means an employer that earns an annual revenue of not less than
$5,000,000 and employs not less than 50 employees.
(5) Recent college graduate.--
(A) In general.--The term ``recent college
graduate'' means an individual--
(i) who has received a baccalaureate or
associate degree from an institution of higher
education on or after the date that is 24
months before the grant benefitting the
graduate is awarded under this section; and
(ii) who has not previously received any
such baccalaureate or associate degree.
(B) Institution of higher education.--In
subparagraph (A), the term ``institution of higher
education'' has the meaning given such term in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
(6) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this subtitle $100,000,000 for each of the fiscal
years 2022, 2023, and 2024.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.
Subtitle K--Cyber Security Education and Federal Workforce Enhancement
Act
SEC. 51201. SHORT TITLE.
This subtitle may be cited as the ``Cyber Security Education and
Federal Workforce Enhancement Act''.
SEC. 51202. FINDINGS.
Congress makes the following findings:
(1) The Department of Homeland Security's Cybersecurity
Education & Awareness (CE&A) Branch was established under
National Security Presidential Directive-54/Homeland Security
Presidential Directive-23, which launched the 2008
Comprehensive National Cybersecurity Initiative. There is no
appropriations language that references CE&A; it is funded
through the Infrastructure Protection and Information Security
appropriation under the National Protection and Programs
Directorate.
(2) The Department of Homeland Security's CE&A works with
universities to attract top talent through competitive
scholarship, fellowship, and internship programs.
(3) The agency certifies more than 125 institutions
nationwide as National Centers for Academic Excellence to teach
students valuable technical skills in various disciplines of
Information Assurance.
(4) The CE&A prepares and makes available computer and
information security lesson plans. At the K-12 level, the
Department has partnered with USA Today to provide lesson plans
about the importance of prevention of computer and digital
information crimes at home and in the classroom.
(5) The agency initiated the IT Security Essential Body of
Knowledge (EBK). The National Cybersecurity Division developed
the EBK to establish a national baseline of the essential
knowledge and skills that IT security practitioners in the
public and private sector should have to perform specific roles
and responsibilities.
(6) The challenge for computer and information security
coordination and development is no single agreed upon voluntary
taxonomy nor definitions to rely upon when categorizing or
classifying computer or information security jobs.
(7) The fields of computer and information security study
is within the field of information assurance.
(8) The information assurance, cybersecurity and computer
security workforce encompasses a variety of context, roles, and
occupations and is too broad and diverse to be treated as a
single occupation or profession.
(9) Science, technology, engineering, and mathematics
occupations, which include computer and information security
experts and professionals, are expected to grow by 17 percent
by the year 2018 compared to 9.8 percent for other jobs.
(10) The Federal Government is experiencing a shortage of
qualified professionals with expertise in computer and
information security.
(11) Insufficiently trained, educated, or supervised
Federal computer workers can reduce the Nation's ability to
secure computer networks from cyber attacks or incidents.
(12) The computing and information security workforce
encompasses a variety of context, roles, and occupations and is
too broad an diverse to be treated as a single occupation or
profession.
(13) Computing and information security is not solely a
technical endeavor, and thus encompasses a wide range of
backgrounds and skills that will be needed in an effective
national computing and information security workforce.
(14) The route toward professionalization of a field of
study can be slow and difficult, and not all portions of a
field can or should be professionalized at the same time.
(15) It is essential, just as it is for other disciplines
like medicine and the law, that academics, employers, and
government share a common language to identify, train, educate,
and employ computer and information security professionals.
(16) The secure management of digital sensitive information
collected maintained or transmitted by Federal Government
agencies, including taxpayer data, Social Security records,
medical records, intellectual property, proprietary business
information, and sensitive Government data vital to national
security and national defense requires an educated and well-
trained, as well as supervised, Federal workforce.
(17) It is in the Nation's interest to promote
opportunities for science and technology education and
employment as a means of addressing the need to fill computer
and information security jobs within the Federal Government.
(18) The Department of Homeland Security's role is to lead,
champion, and sustain the development of a national information
assurance, cybersecurity and computer security workforce, as
well as to educate the citizenry.
(19) Developing, implementing, and articulating programs
that protect against and respond to computer and information
security threats and hazards to the Homeland's security.
(20) The Department of Homeland Security must create an
agile, diverse workforce and digital citizenry that are capable
of sustaining a safe, secure, resilient computer and
information security space, driven by a dynamic Department
organization at the forefront of cross-sector computer and
information security workforce development.
PART 1--DEPARTMENT OF HOMELAND SECURITY K-12 EXCELLENCE IN SCIENCE AND
TECHNOLOGY
SEC. 51211. OFFICE OF CYBERSECURITY EDUCATION AND AWARENESS.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following new section:
``SEC. 230A. OFFICE OF CYBERSECURITY EDUCATION AND AWARENESS.
``(a) Establishment.--There shall be within the Department an
Office of Cybersecurity Education and Awareness Branch (hereinafter in
this section referred to as the `Office').
``(b) Responsibilities.--The Office shall be responsible for
carrying out the duties of the Office as directed by the Secretary. The
Office shall also report to the Secretary the ongoing work of the
Office. Further, the Office shall report on the statutory authority,
Executive orders or agency directives that guide the work of the
Office. The Office shall report to the Secretary what additional
authority is needed to fulfill the mission for the Office as outlined
by the section. The Office shall also conduct research and make
recommendations to the Secretary to the extent that the agency can
effectively engage in the following:
``(1) Recruiting, retaining, and sustaining the skills and
knowledge of information assurance, cybersecurity and computer
security professionals in the Department of Homeland Security,
hereinafter known as the `Department'.
``(2) Supporting kindergarten through grade 12 science and
technology and computer and information safety education
through grants, and training programs.
``(3) Supporting postsecondary information assurance,
cybersecurity and computer security programs that provide
education that benefits the mission and objective of the
Department regarding recruitment and retention of highly
trained computing professionals who are work ready.
``(4) Promoting public knowledge of computer and
information security competitions to provide computer and
information security competition administrators, participants,
and sponsors with information necessary to further broader
public participation in these activities.
``(5) Developing a guest lecturer program or part-time
lecturer program comprised of information assurance,
cybersecurity and computer security experts in the Federal
Government, academia and private sector to support education of
students at institutions of higher education who are pursuing
degrees in computing science.
``(6) Managing a Computer and Information Security Youth
Training Pathway Program for secondary school and postsecondary
school students to work in part-time or summer positions along
with Federal agency computer and information security
professionals.
``(7) Developing programs that increase the capacity of
institutions defined in section 371 of the Higher Education Act
of 1965--
``(A) Historically Black Colleges and Universities;
``(B) professional and academic areas in which
African-Americans are under represented;
``(C) Hispanic-serving institutions;
``(D) Native American colleges; and
``(E) rural colleges and universities.
``(8) Conduct research and make recommendations to the
Secretary on what the agency can do to increase participation
of professional and academic under represented areas at
minority institutions.
``(9) Providing support to the institutions of higher
education described in subparagraphs (A) through (E) of
paragraph (7) to provide course work and education in computer
and information security designed to raise the number and
diversity of students in the field. The Office may use the
institutions defined under section 371 of the Higher Education
Act of 1965 (20 U.S.C. 1067q) minority-serving institutions are
defined as follows:
``(A) A part B institution (as defined in section
322 (20 U.S.C. 1061)).
``(B) A Hispanic-serving institution (as defined in
section 502 (20 U.S.C. 1101a)).
``(C) A Tribal College or University (as defined in
section 316 (20 U.S.C. 1059)).
``(D) An Alaska Native-serving institution or a
Native Hawaiian-serving institution (as defined in
section 317(b) (20 U.S.C. 1059d(b))).
``(E) A Predominantly Black Institution (as defined
in subsection (c)).
``(F) An Asian American and Native American Pacific
Islander-serving institution (as defined in subsection
(c)).
``(G) A Native American-serving nontribal
institution (as defined in subsection (c)).
``(c) Definitions.--In this section:
``(1) The term `information assurance, cybersecurity and
computer security program' has the meaning given by the
Secretary in consultation with the computing and information
Security Post Secondary Education Working Group under the bill.
``(2) The term `K-12' may be defined by the Secretary in
consultation with the K-12 Science and Technology Education
Board of Advisors under section 51215 of the Cyber Security
Education and Federal Workforce Enhancement Act.
``(3) The Secretary may define higher education
institutions under this title using definitions found in
section 371 of the Higher Education Act of 1965.
``(4) The term `professional and academic under represented
areas' means areas in which African-Americans, Hispanics, and
women are under represented has the meaning given such term by
the Secretary, who may consult with the Commissioner for
Education Statistics and the Commissioner of the Bureau of
Labor Statistics. The basis of the determining the means should
be based on most recent available satisfactory data, as
computing and information security professional and academic
areas in which the percentage of African-Americans, Hispanics,
and females who have been educated, trained, and employed is
less than the percentage of African-Americans, Hispanics, and
women in the general population.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 225
the following new item:
``Sec. 230A. Office of Cybersecurity Education and Awareness.''.
SEC. 51212. SCIENCE AND TECHNOLOGY INITIATIVE GRANTS.
(a) In General.--The Secretary of Homeland Security shall consider
existing authority to make grants to secondary schools under this
section, which shall be known as ``Science and Technology Educators
Initiative Grants''.
(b) Selection of Schools.--If the Secretary determines that they
have the authority they may select secondary schools to receive grants
under this section, the Secretary may consider the following factors:
(1) Whether more than 40 percent of the students at the
secondary school are eligible for free or reduced price school
meal programs under the Richard B. Russell National School
Lunch Act and the Child Nutrition Act of 1966.
(2) The location of the secondary school is in a rural
area.
(3) The participation of representation of professions and
academic area among students which will also include home
schooled, individuals residing in rural areas, and individuals
attending underperforming secondary schools.
(4) The location of the school in an area where the
unemployment rate was not more than one percent higher than the
national average unemployment rate during the 24-month period
preceding the determination of eligibility under this
subsection.
(5) The location of the secondary school in an area where
the per capita income is of 80 percent or less of the national
per capita income.
SEC. 51213. PROJECT-BASED LEARNING PROGRAM.
(a) Establishment.--The Secretary shall direct the Office to
conduct research to investigate and make recommendations regarding the
feasibility and existing authority to establish a national project-
based science and technology learning program, to be known as the ``K-
12 Science and Technology Learning Program'' and make a report to both
House and Senate Oversight Committees. Under such research program, the
Secretary shall determine existing authority to--
(1) create State and regional workshops to train teachers
in science and technology project-based learning;
(2) establish between institutions of higher education,
businesses, and local public and private educational agencies
that serve students comprised of 40 percent or more of
professional and academic under represented areas to provide
materials and teaching aids to teachers who successfully
complete the science and technology project-based learning
program under this section;
(3) identify no cost or low cost summer and after school
science and technology education programs and broadly
disseminate that information to the public; and
(4) make grants to local educational agencies to support
the participation of teachers of elementary school and
secondary school in science and technology training programs by
providing travel and enrollment expenses, with a priority given
to teachers who work in schools serving neglected, delinquent,
migrant students, English learners, at-risk students, and
Native Americans, as determined by the Secretary.
(b) Authority.--The Secretary shall have the authority under this
statute to conduct a limited pilot project to test recommendations on
possible programs that would be low-cost but have the greatest impact
on instilling the importance of technology and science education.
(c) Report to Congress.--The Secretary shall submit to Congress an
annual report on the program established under this section.
(d) Project-Based Science and Technology Learning Defined.--In this
section, the term ``project-based science and technology learning''
means a systematic teaching method that engages students in learning
essential science, technology, engineering and mathematics through
knowledge and life-enhancing skills through an extended, student-
influenced inquiry process structured around complex, authentic
questions and carefully designed products and tasks developed
specifically for education.
SEC. 51214. MATCHING FUNDS FOR STATE AND PRIVATELY FINANCED SCIENCE AND
TECHNOLOGY AFTER-SCHOOL PROGRAMS.
(a) In General.--The Secretary of Homeland Security shall provide
matching funds to local educational agencies for after-school programs
dedicated to science, technology, engineering, and math in an amount
equal to the amount provided to the program by a State, local, tribal,
or territorial government or by a nonprofit or private entity.
(b) Criteria.--In selecting programs for which to provide funds
under this section, the Secretary shall consider--
(1) the number of students served by the programs; and
(2) the participation in the programs of students from
populations referred to in section 230A of the Homeland
Security Act of 2002, as added by section 51211.
(c) Limitation on Amount of Funding.--For any fiscal year, no
individual school's after-school program shall receive more than $5,000
under this section.
SEC. 51215. SCIENCE AND TECHNOLOGY BOARD OF ADVISORS.
(a) Establishment.--There is established in the Department of
Homeland Security the ``Research K-12 Science and Technology Education
Board of Advisors'' (hereinafter in this section referred to as the
``Board'').
(b) Membership.--
(1) Composition.--The Board shall be composed of 15 members
appointed by the Secretary of Homeland Security, all of whom
shall have K-12 education expertise in programs. The Secretary
shall appoint members based on the following qualifications:
(A) Members of the Board shall have experience in
K-12 science, technology, engineering, and mathematics
education programs.
(B) Members of the Board shall have experience in
training K-12 educators on providing science and
technology instruction.
(C) Members of the Board shall have experience in
the promotion of science and technology education among
under represented populations, as defined by section
230A of the Homeland Security Act of 2002, as added by
section 51211.
(2) Deadline for appointment.--All members of the Board
shall be appointed not later than 60 days after the date of the
enactment of this subtitle.
(3) Vacancies.--Any vacancy in the membership of the Board
shall not affect its powers and shall be filled in the same
manner in which the original appointment was made.
(4) Compensation.--
(A) In general.--Members of the Board shall not
receive any compensation for their service.
(B) Travel expenses.--While away from their homes
or regular places of business in the performance of
services for the Board, members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in the Government service are allowed
expenses under section 5703(b) of title 5, United
States Code.
(C) Prohibition of consultant or contracting
work.--No member of the Board while serving in this
capacity or for 1 year following departure from the
Board may work as a consultant or contract worker for
the Department of Homeland Security in a position
related to the work of the Board or member agency that
participates as a member of the Board.
(c) Responsibilities.--The responsibilities of the Board are to
research and make recommendations to the Secretary on--
(1) the status of K-12 science and technology education
domestically and internationally;
(2) how to increase the quality and diversity of science
and technology curriculum;
(3) promoting K-12 science and technology competitions;
(4) establishing a virtual network to support teacher and
student science and technology education and development;
(5) ascertaining, evaluating, and reporting on best
practices for project-based science and technology learning (as
such term is defined in section 51213(c)); and
(6) identifying K-12 science and technology education
efforts that are successful in engaging youth, with proven
competence in engaging females, minorities, individuals
residing in rural areas, individuals residing in majority
minority districts, home schooled students.
(d) Chair.--The Chair of the Board shall be designated by the
Secretary from among the members of the Board.
(e) Meetings.--
(1) Initial meeting.--The Board shall meet and begin the
operations of the Board by not later than 90 days after the
date of the enactment of this Act.
(2) Subsequent meetings.--After its initial meeting, the
Board shall set the time and place of its next meeting. The
Board can upon the call of the chairman or a majority of its
members meet.
(3) Quorum.--A majority of the Board shall constitute a
quorum.
(4) Voting.--Proxy voting shall be allowed on behalf of a
member of the Board.
(5) Rules of procedure.--The Board may establish rules for
the conduct of the Board's business, if such rules are not
inconsistent with this section or other applicable law.
(f) Powers.--
(1) Hearings and evidence.--The Board or, on the authority
of the Board, any subcommittee or member thereof, may, for the
purpose of carrying out this part hold such hearings and sit
and act at such times and places, take such testimony, receive
such evidence, administer such oaths.
(2) Federal agency staff.--The Secretary shall make
decisions regarding Federal agency staff to be detailed to
support the work of the Board.
(3) Contract authority.--The Board may enter into contracts
with the approval of the Secretary to such extent and in such
amounts as necessary for the Board to discharge its duties
under this section.
(4) Information from federal agencies.--
(A) In general.--After providing notice to the
Secretary who may provide staff from the Department to
meet the staffing needs of the Board. After 10 working
days following notice to the Secretary the Board is
authorized to secure directly from any executive
department, bureau, agency, board, office, independent
establishment, or instrumentality of the Government,
information, suggestions, estimates, and statistics for
the purposes of this part. Each department, bureau,
agency, board, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Board, upon request made by
the chairman, the chairman of any subcommittee created
by a majority of the Board, or any member designated by
a majority of the Board.
(B) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Board and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(5) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Board on a reimbursable basis administrative support
and other services for the performance of the Board's
functions.
(B) Other departments and agencies.--In addition to
the assistance prescribed in subparagraph (A),
departments and agencies of the United States may
provide to the Board such services, funds, facilities,
staff, and other support services as they may determine
advisable and as may be authorized by law.
(C) Postal services.--The Board may use the United
States mails in the same manner and under the same
conditions as departments and agencies of the United
States.
(g) Staff.--
(1) In general.--
(A) Appointment and compensation.--The Chair, in
accordance with rules agreed upon by the Board, may
appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable
the Board to carry out its functions, without regard to
the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(B) Personnel as federal employees.--
(i) In general.--The executive director and
any personnel of the Board who are employees
shall be employees under section 2105 of title
5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(ii) Members of the board.--Clause (i)
shall not be construed to apply to members of
the Board.
(2) Detailees.--Any Federal Government employee may be
detailed to the Board without reimbursement from the Board, and
such detailee shall retain the rights, status, and privileges
of his or her regular employment without interruption.
(3) Administrative support from the department.--At the
request of the Board, the Secretary of Homeland Security shall
provide the Board with Administrative support necessary for the
Board to carry out its duties under this part.
(h) Reports.--
(1) Quarterly reports.--The Board shall submit to the
Secretary of Homeland Security quarterly reports on the
activities of the Board.
(2) Final report.--Not later than two years after the date
of the enactment of this Act, the Board shall submit to the
Secretary a final report containing such findings conclusions,
and recommendations as have been agreed to by a majority of
Board members.
(i) Applicability of FACA.--
(1) In general.--Nothing in the Federal Advisory Committee
Act (5 U.S.C. App.) shall apply to the Board.
(2) Public meetings and release of public versions of
reports.--The Board shall--
(A) hold public hearings and meetings to the extent
appropriate; and
(B) release public versions of the reports required
under subsection (h).
(3) Public hearings.--Any public hearings of the Board
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the Board as
required by any applicable statute, regulation, or Executive
order.
(j) Termination.--The Board, and all the authorities of this part,
shall terminate two years after the date of the Board's first meeting,
which shall take place 90 days following its appointment.
(1) In general.--The Board and all the authorities of this
section shall terminate 60 days after the date on which the
final report is submitted under subsection (h)(2).
(2) Administrative activities before termination.--The
Board may use the 60-day period referred to in paragraph (1)
for the purpose of concluding its activities, including
providing testimony to committees of Congress concerning its
reports and disseminating the final report.
(k) Funding.--There is authorized to be appropriated such sums as
may be necessary to carry out this section. Amounts made available
pursuant to this subsection shall remain available until the
termination of the Board.
SEC. 51216. LABORATORIES FOR SCIENCE AND TECHNOLOGY EXCELLENCE.
The Secretary of Homeland Security shall determine if existing
authority allows the agency to make grants to local education agencies
for the purpose of supplying laboratory facilities at secondary schools
to promote the teaching of science, technology, engineering, and
mathematics. If the Secretary determines that the authority does not
exist shall make a report to congressional oversight committees
detailing the limitation in agency authority to conduct activity under
this section and make recommendations on the benefits if any should the
agency have the authority to engage in the activity outlined in this
section.
PART 2--POST-SECONDARY COMPUTER AND INFORMATION SECURITY EDUCATION
SEC. 51221. COMPUTING AND INFORMATION RESEARCH WORKING GROUP.
(a) Establishment.--There is hereby established in the Department
of Homeland Security the Computing and Information Security Post-
Secondary Education Working Group, hereafter in this section referred
to as the ``Working Group''.
(b) Responsibilities.--The Working Group shall conduct research
and--
(1) assist the Secretary in developing voluntary guidelines
that could serve as guidance to Federal civil agency training
programs, computer and information security certification
authorities, and accreditation bodies seeking guidance on
developing, enhancing, or sustaining competitive information
security; and
(2) make recommendations to the Secretary regarding--
(A) the state of the computing and information
security workforce development;
(B) evaluations and reports on the advantages,
disadvantages, and approaches to professionalizing the
Nation's computing and information security workforce;
(C) criteria that can be used to identify which, if
any, specialty areas may require professionalization;
(D) criteria for evaluating different approaches
and tools for professionalization;
(E) techniques that enhance the efficiency and
effectiveness of computing and information security
workers;
(F) better tools and approaches for risk
identification and assessment;
(G) improved system design and development;
(H) creation of better incentives for deployment of
better computing and information security technologies;
(I) improvements in end user behaviors through
training and better coordination among network
managers;
(J) core curriculum requirements for computing and
information security training;
(K) efficacy and efficiencies of taxonomy and
definitions for computer and information security;
(L) guidelines for accreditations and certification
of computing and information security college and
university programs;
(M) identifying the role of mentors in the
retention of students enrolled in computing and
technology programs at institutions of higher education
who complete degree programs;
(N) remote access to computing and information
security education and training through the Internet;
and
(O) institution of higher education funding and
research needs.
(c) Deadline for Submittal of Research Funding and
Recommendations.--
(1) Initial research.--The Working Group shall submit to
the Secretary an initial research plan that will guide the work
of the Working Group.
(2) Other research recommendations.--The Working Group
shall provide the Secretary a list of other areas that require
research to accomplish the purpose of the agency's goal of
providing cyber security protection for the agency. The Working
Group shall provide a description of the proposed research and
the purpose of the research as it relates to the goals of
cybersecurity of the agency.
(3) Initial recommendations.--The Working Group shall
submit to the Secretary initial recommendations under this
section by not later than nine months after the date on which
all of the members of the Working Group are appointed.
(4) Other recommendations.--Not later than six months after
all members of the Working Group are appointed, the Working
Group shall submit to the Secretary research and
recommendations on the effectiveness of Federal civil agency
computer and information security training programs, including
an evaluation of certification authorities and their role in
providing work ready staff to fill positions with the agency.
(5) Subsequent research and recommendations.--Not later
than one year after the date of the submittal of the initial
research and recommendations under paragraph (1), and annually
thereafter, the Working Group shall submit to the Secretary
subsequent research and recommendations under this section and
an update on the progress made toward a well trained and
sustainable Department computer and information workforce.
(d) Membership.--
(1) Chair.--The Chair of the Working Group shall be the
Director of the National Institute of Standards and Technology
or the Director's designee.
(2) Other members.--The Working Group shall be composed of
21 members, who are appointed by the Secretary of Homeland
Security in consultation with the Director of NIST and the head
of the entity represented by the member.
(3) Appointment.--All appointments are for a term of 2
years with one reappointment for an additional 2 years.
(4) Quorum.--A majority of the members of the Working Group
shall constitute a quorum.
(e) No Compensation for Service.--While away from their homes or
regular places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner as
persons employed intermittently in the Government service are allowed
expenses under section 5703(b) of title 5, United States Code.
(f) Technical Support From the Department of Homeland Security.--At
the request of the Working Group, the Secretary of Homeland Security
shall provide the Working Group with technical support necessary for
the Working Group to carry out its duties under this section.
(g) Intellectual Property Rights.--No private-sector individual or
entity shall obtain any intellectual property rights to any guidelines
or recommendations nor the contents of any guideline (or any
modification to any guideline) adopted by the Secretary under this
section.
(h) Report.--Not later than one year after the date of the
enactment of this Act, the Working Group shall submit to the Secretary
a report containing researching findings, an outline for other areas
requiring research and why as well as recommendations of the Working
Group.
(i) Submittal of Recommendations to Congress.--Not later than 18
months after the date of the enactment of this Act, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the research findings, an outline of
other areas requiring research and why and recommendations for
furthering the cybersecurity of the agency.
(j) Treatment of Recommendations.--The Secretary has the benefit of
the Working Group's work which the Secretary may accept, reject, or
modify. The Secretary shall not be bound by the recommendations of the
Working Group.
(k) Publication of Recommendations in Federal Register.--The
Secretary shall approve the publication of grant application guidelines
in the Federal Register by not later than 90 days after receiving the
report submitted under subsection (h).
(l) Applicability of FACA.--Nothing in the Federal Advisory
Committee Act (5 U.S.C. App.; relating to the termination of advisory
committees) shall apply to the Working Group.
SEC. 51222. PROCESS FOR ADOPTION RESEARCH AND A BEST PRACTICES
VOLUNTARY GUIDELINES FOR LABORATORY FACILITIES.
(a) Establishment of the Post-Secondary Laboratory Development Task
Force.--The Secretary of Homeland Security shall establish a ``Post-
Secondary Laboratory Research Development Task Force'' (hereinafter in
this section referred to as the ``Development Task Force'').
(b) Responsibilities.--The Development Task Force shall conduct
research for and make recommendations to the Secretary regarding best
practices voluntary guidelines for college and university laboratory
facilities for education and research purposes related to information
assurance, cybersecurity and computing security. Such research on what
baseline equipment, capacity, skilled instruction, and certification
may be needed for a set of best practices voluntary guidelines for
colleague or university laboratories and make recommendations on the
best methods of assuring that the greatest number of institutions have
access to facilities that meet the baseline best practices regarding--
(1) qualifications for laboratories for the purpose of
providing education or instruction in computing security,
computer networks, enterprises, informatics, and other systems
designated by the Secretary;
(2) types of software;
(3) types of hardware;
(4) types of firmware;
(5) security applications, including firewalls, whole hat
hackers, red teams, and blue teams;
(6) security protocols needed to protect the physical and
computer resources of the laboratory;
(7) accreditation and certification of college and
university computer and information security laboratories;
(8) best practices for--
(A) public-private collaborations to support
secondary and post-secondary laboratory facilities for
computer or information security;
(B) visiting guest lecture programs for business
and Government information technology security experts;
and
(C) developing real world laboratory exercise and
proficiency measures; and
(9) how best to recruit and retain instructors with
requisite degrees to teach computer and information security
courses to undergraduate and graduate students.
(c) Membership.--
(1) Members.--The Development Task Force shall be composed
of 19 members, including the Chair. The Secretary of Homeland
Security, in consultation with the head of the entity
represented by the member agencies, shall appoint members. The
Secretary shall appoint a chair from among the members of the
Development Task Force. Such members shall consist of one
representative of each of the following agencies:
(A) The White House Office of Science and
Technology Policy.
(B) The Office of the Director of National
Intelligence.
(C) The Department of Energy.
(D) The Defense Advanced Research Projects Agency.
(E) The Department of Commerce.
(F) The National Institutes of Health.
(G) The National Institute of Science and
Technology.
(H) The National Science Foundation.
(I) The Director of the Office of Personnel
Management.
(2) Other members.--The Secretary shall consider for the
other members of the Development Task Force representatives
from organizations that advocate and promote professional
development of professional and academic under represented
areas and organizations with the mission of promoting
professional development and academic excellence in information
assurance, cybersecurity and computing security:
(A) Organizations with the mission of advancing
computing as a science and profession.
(B) Organizations that promote information system
security education.
(C) Professional associations that are well
established and broadly recognized for the advancement
of technology.
(D) Professional associations that represent
professionals and academics referred to in section 230A
of the Homeland Security Act of 2002, as added by
section 51211.
(E) K-12 science and technology programs that
conduct successful after school and summer programs for
under represented populations, rural communities and
serve communities where unemployment is at least two
percent higher than the national average.
(F) Organizations that promote education of Native
Americans or other indigenous peoples of the United
States or its territories.
(G) Regional diversity of public and private school
districts that excel at science and technology
education.
(3) Quorum.--A majority of the members of the Development
Task Force shall constitute a quorum.
(4) Voting.--Proxy voting shall be allowed on behalf of a
member of the Development Task Force.
(5) Rules of procedure.--The Development Task Force may
establish rules for the conduct of the Development Task Force's
business, if such rules are not inconsistent with this section
or other applicable law.
(d) Powers.--
(1) Hearings and evidence.--The Development Task Force or,
on the authority of the Development Task Force, or any
subcommittee or member thereof, may, for the purpose of
carrying out this section hold such hearings and sit and act at
such times and places, take such testimony, receive such
evidence, and administer such oaths.
(2) Contract authority.--After giving notice to the
Secretary who may substitute agency staff with the requisite
skills to fill a position needed by the Board at no additional
cost to the Board. After 10 working days following notice to
the Secretary the Development Task Force may enter into
contracts to such extent and in such amounts as necessary for
the Development Task Force to discharge its duties under this
section.
(3) Information from federal agencies.--
(A) In general.--The Development Task Force is
authorized to secure directly from any executive
department, bureau, agency, board, office, independent
establishment, or instrumentality of the Government
information, suggestions, estimates, and statistics for
the purposes of this section. Each department, bureau,
agency, board, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Board, upon request made by
the chairman, the chairman of any subcommittee created
by a majority of the Board, or any member designated by
a majority of the Board.
(B) Receipt, handling, storage, and
dissemination.--Information shall only be received,
handled, stored, and disseminated by members of the
Board and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(4) Assistance from federal agencies.--
(A) General services administration.--The
Administrator of General Services shall provide to the
Development Task Force on a reimbursable basis
administrative support and other services for the
performance of the Board's functions.
(B) Other departments and agencies.--In addition to
the assistance prescribed in subparagraph (A),
departments and agencies of the United States may
provide to the Board such services, funds, facilities,
staff, and other support services as they may determine
advisable and as may be authorized by law.
(C) Postal services.--The Development Task Force
may use the United States mails in the same manner and
under the same conditions as departments and agencies
of the United States.
(e) Staff.--
(1) In general.--While away from their homes or regular
places of business in the performance of services for the
Commission, members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Development Task Force who are
employees shall be employees under section 2105 of
title 5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(B) Members of the development task force.--
Subparagraph (A) shall not be construed to apply to
members of the Development Task Force.
(3) Detailees.--Any Federal Government employee may be
detailed to the Board without reimbursement from the
Development Task Force, and such detailee shall retain the
rights, status, and privileges of his or her regular employment
without interruption.
(f) No Compensation for Service.--Members of the Development Task
Force shall not receive any compensation for their service, but shall
be paid 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, while away from their homes
or regular places of business in the performance of services for the
Development Task Force.
(g) Prohibition of Consultant or Contracting Work.--No member of
the Development Task Force while serving in this capacity or for 1 year
following departure from the Development Task Force may work as a
consultant or contract worker for the Department of Homeland Security
in a position related to the work of the Development Task Force or
member agency that participates as a member of the Development Task
Force.
(h) Report.--The Development Task Force shall submit a report to
the Secretary of Homeland Security; a report on research findings, best
practices voluntary guidelines and recommendations to the Secretary.
The report shall be in unclassified form but may include a classified
annex.
(i) Secretary of Homeland Security Report.--The Secretary shall
submit to Congress a report on the work of the Development Task
Force's, research into best practices voluntary guidelines, areas that
require additional study and a set of recommendations. The Secretary
shall indicate to the Congress which Development Task Force
recommendations have been implemented, which will be implemented, or
which will be rejected and why.
(j) Technical Support From the Department.--At the request of
Development Task Force the Secretary of Homeland Security shall provide
the Development Task Force with technical support necessary for the
Development Task Force to carry out its duties under this section.
(k) Intellectual Property.--No private-sector individual or entity
serving on the Development Task Force shall obtain any intellectual
property rights to any guidelines or recommendations that derive from
the work of the Development Task Force or any guidelines (or any
modification to any guidelines) based on the work of the Development
Task Force.
(l) Prohibition of Consultant or Contracting Work.--No member of
the Development Task Force while serving in this capacity or for 1 year
following departure from the Development Task Force may work as a
consultant or contract worker in a position related to the direct work
of the Development Task Force to the Department of Homeland Security or
member agency that participates as a member of the Development Task
Force.
SEC. 51223. COMPUTING AND INFORMATION SECURITY MENTORING PROGRAMS FOR
COLLEGE STUDENTS.
(a) Office of Cybersecurity and Information Security Professional's
Mentoring Program.--
(1) In general.--Subtitle C of title II of the Homeland
Security Act of 2002 (6 U.S.C. 141 et seq.) is further amended
by adding at the end the following new section:
``SEC. 230B. OFFICE OF COMPUTING AND INFORMATION SECURITY
PROFESSIONAL'S MENTORING PROGRAM.
``(a) Establishment.--There is in the Department an Office of
Computing and Information Security Professional's Mentoring Program.
The head of the office is the Mentoring Coordinator, who shall be
appointed by the Secretary.
``(b) Responsibilities.--The Mentoring Coordinator shall be
responsible for working with outreach to institution of higher
education, critical infrastructure owners, and the heads of Federal
departments and agencies to develop and promote the participation of
professionals as volunteer mentors to--
``(1) undergraduate students at institutions of higher
education who are enrolled in the third or fourth year of a
program of education leading to a degree in computing or
information security;
``(2) students enrolled in a program of education leading
to a doctoral degree in computing or information security; and
``(3) new employees of Federal departments and agencies
whose primary responsibilities relate to computing or
information security.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is further amended by inserting after the item
relating to section 230A the following new item:
``Sec. 230B. Office of Computing and Information Security
Professional's Mentoring Program.''.
(b) Grant Program.--
(1) In general.--The Secretary of Homeland Security shall
determine existing authority to make grants to covered
institutions of higher learning for the establishment of
mentoring programs for undergraduates enrolled in programs or
courses of education in information assurance, cybersecurity or
computing security programs.
(2) Covered institutions of higher learning.--For purposes
of this subsection, the term ``covered institution of higher
learning'' means those institutions as defined in section 371
of the Higher Education Act of 1965 and listed in section 51211
of this bill.
SEC. 51224. GRANTS FOR COMPUTER EQUIPMENT.
(a) Grants.--The Secretary of Homeland Security may make grants to
post-secondary institutions that offer courses or degrees in computing
or information security to be used to establish or equip a computer
laboratory to be made available to students and faculty for both
teaching and research purposes.
(b) Technical Support.--The Secretary shall ensure that each
recipient of a grant under this section also receives technical support
on the use and proper function of equipment and software.
(c) Publication in Federal Register.--The Secretary shall publish
the name of each institution of higher education that receives a grant
under this section and the amount of such grant.
(d) Qualification.--In making grants under this section, the
Secretary--
(1) shall take into consideration whether more than 50
percent of the students at an institution are taking online or
distance learning computer science and information security
courses; and
(2) may establish guidance to institutions for entering
into laboratory facilities sharing agreements to allow
institutions to qualify for grants under this section.
SEC. 51225. CENTERS OF ACADEMIC COMPUTING AND INFORMATION ASSURANCE.
(a) Program Established.--The Secretary of Homeland Security shall
establish a program for Centers of Academic Computer and Information
Assurance Distinction.
(b) Designation of Centers.--
(1) In general.--The Secretary may designate five colleges
or universities as Centers of Distinction for Academic
Computing and Information Security Assurance each year with no
limit to the total number of such Centers that may be
established. The Secretary may make public the Centers for
Distinction in Academic Computing and Information Security
Assurance.
(2) Revocation of designations.--The Secretary may revoke
the designation of a Center of Distinction for Academic
Computing and Information Security Assurance.
(3) Criteria.--The Secretary shall make available
information regarding the criteria for designating an
institution as a Center of Distinction for Academic Computing
and Information Security Assurance under this section.
(4) Distance learning.--In designating Centers under this
section, the Secretary shall consider the number of students
who are enrolled in distance learning computer or information
security courses and whether collaborations for in laboratory
instruction through shared arrangements with established
information assurance, cybersecurity computing security
programs at secondary education programs that laboratory
facilities that meet best practices as outlined by the
Secretary would be sufficient to meet the requirements
established under this section.
(c) Outreach.--The Secretary shall identify and report on the
success of efforts to reach under represented populations in the field
of computing and information security through work with institutions as
defined under section 371 of the Higher Education Act of 1965 listed in
section 51211 of this subtitle.
(d) Report.--Not later than 220 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
recommendations regarding distance learning computer and information
security programs for meeting the cybersecurity professional
requirements of the agency.
(e) Consideration of Programs.--The Secretary may consider the
following when making grants to postsecondary education institutions
and private sector entities who are contracted, provided grants or
funds to conduct research on information assurance, cybersecurity and
computing security to advance the agency's cybersecurity capacity:
(1) Institutions designated as a Center of Distinction for
Academic Computing and Information Security Assurance.
(2) Institutions who have established academic mentoring
and program development partnerships related to information
assurance, cybersecurity, and computing security academic
programs with institutions defined under section 371 of the
Higher Education Act of 1965 listed in section 51211 of this
subtitle.
PART 3--FEDERAL WORKFORCE COMPUTER AND INFORMATION SECURITY
PROFESSIONAL DEVELOPMENT
SEC. 51231. LIFELONG LEARNING IN COMPUTER AND INFORMATION SECURITY
STUDY.
(a) Establishment.--The Secretary of Homeland Security shall
establish a program to be known as the ``Lifelong Computer and
Information Security Study''. Such program shall be designed to promote
computer and information security professionals among Federal civilian
agencies, critical infrastructure, and the general public by supporting
post-employment education and training.
(b) Discretion of Secretary.--The Secretary shall have the
discretion to determine the best methods for accomplishing the
objective of this section.
(c) Reports.--The Secretary shall periodically submit to Congress a
report on the implementation of this section.
SEC. 51232. COMPUTER AND INFORMATION SECURITY JOB OPPORTUNITIES
PROGRAM.
(a) In General.--The Secretary of Homeland Security, acting through
the Deputy Assistant Secretary for Cybersecurity Education and
Awareness, shall establish, in conjunction with the National Science
Foundation, a program to award grants to institutions of higher
education (and consortia thereof) for--
(1) the establishment or expansion of computer and
information security professional development programs;
(2) the establishment or expansion (or both) of associate
degree programs in computer and information security; and
(3) the purchase of equipment to provide training in
computer and information security for either professional
development programs or degree programs.
(b) Goals and Criteria.--The Secretary, acting through the Deputy
Assistant Secretary and in consultation with the Working Group
established under section 51221, shall establish the goals for the
program under this section and the criteria for awarding grants.
(c) Awards.--
(1) Peer review.--All awards under this section shall be
provided on a competitive, merit-reviewed basis. The peer
review process shall be published in the Federal Register.
Those serving in a peer review role shall do so for 2 years
with an option for 1 additional term. Applicants in the event
of a denial of an award shall be provided with a detailed
explanation for the denial.
(2) Focus.--In making awards under this section, the Deputy
Assistant Secretary shall, to the extent practicable, ensure
geographic diversity and the participation of women and under
represented minorities.
(3) Preference.--In making awards under this section, the
Deputy Assistant Secretary shall--
(A) give preference to applications submitted by
consortia of institutions, to encourage as many
students and professionals as possible to benefit from
the program established under this section;
(B) give preference to any application submitted by
a consortium of institutions that includes at least one
institution that is eligible to receive funds under
title III or V of the Higher Education Act of 1965; and
(C) consider the enrollment of students in online
and distance learning courses.
(d) Institution of Higher Education Defined.--In this section the
term ``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
SEC. 51233. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING
PROGRAMS AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary of Cybersecurity, shall establish, in
conjunction with the National Science Foundation, a program to award
grants to institutions of higher education (and consortia thereof)
for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion (or both) of associate
degree programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary, acting
through the Assistant Secretary and in consultation with the
Director of the National Science Foundation, shall establish
the goals for the program established under this section and
the criteria for awarding grants.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering awards. The Director may consult with the
Assistant Secretary in selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Awards.--
(1) Peer review.--All awards under this section shall be
provided on a competitive, merit-reviewed basis.
(2) Focus.--In making awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and under represented
minorities.
(3) Preference.--In making awards under this section, the
Director--
(A) shall give preference to applications submitted
by consortia of institutions, to encourage as many
students and professionals as possible to benefit from
the program established under this section; and
(B) shall give preference to any application
submitted by a consortium of institutions that includes
at least one institution that is eligible to receive
funds under title III or V of the Higher Education Act
of 1965.
(d) Institution of Higher Education Defined.--In this section the
term ``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $3,700,000
for each of fiscal years 2022 and 2023.
SEC. 51234. E-SECURITY FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle C of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
``SEC. 230C. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
fellowship program in accordance with this section for the
purpose of bringing State, local, tribal, and private sector
officials to participate in the work of the National
Cybersecurity Division in order to become familiar with the
Department's stated cybersecurity missions and capabilities,
including but not limited to--
``(A) enhancing Federal, State, local, and tribal
government cybersecurity;
``(B) developing partnerships with other Federal
agencies, State, local, and tribal governments, and the
private sector;
``(C) improving and enhancing public/private
information sharing involving cyber attacks, threats,
and vulnerabilities;
``(D) providing and coordinating incident response
and recovery planning efforts; and
``(E) fostering training and certification.
``(2) Program name.--The program under this section shall
be known as the E-Security Fellows Program.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have cybersecurity-related responsibilities; and
``(2) be eligible to possess an appropriate national
security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 2 iterations of the program each
year, each of which shall be 180 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Division.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations, provide to the individual a stipend to
cover the individual's reasonable living expenses during the period of
the fellowship.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 230C. E-Security Fellows Program.''.
PART 4--RESEARCH
SEC. 51241. NATIONAL SCIENCE FOUNDATION STUDY ON SCIENCE AND TECHNOLOGY
STUDENT RETENTION.
(a) Study.--The National Science Foundation shall conduct a study
on the causes of the high dropout rates of women and minority students
enrolled in programs of education leading to degrees in science,
technology, engineering, and mathematics and the effects of such
dropout rates on the cost of education for such students and the
shortage of workers qualified for jobs in science and technology.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the National Science Foundation shall submit to
Congress a report on the study conducted under subsection (a) together
with any recommendations of the National Science Foundation.
SEC. 51242. CHALLENGE GRANTS.
(a) In General.--The Secretary of Homeland Security shall make
grants to the Center of Distinction for Academic Computing and
Information Security Assurance, which shall be known as ``Challenge
Grants''. The recipient of a grant under this section shall use the
grant to form a partnership with section 230A of the Homeland Security
Act of 2002, as added by section 51211 to assist in improving the
computing programs of such colleges and universities and meeting the
requirements to become a Center of Distinction for Academic Computing
and Information Security. The Secretary shall ensure that the
institutions that receive assistance under this subsection are the
institutions as defined under section 371 of the Higher Education Act
of 1965 (20 U.S.C. 1067q).
(b) Report.--The Secretary shall submit to Congress a report on the
outcomes of the partnerships funded by grants under this section and
shall include in such report the recommendations of the Secretary
regarding improving the access of the population served by the
institutions of higher education described in subsection (a).
SEC. 51243. E-SECURITY FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle C of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
``SEC. 230D. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
fellowship program in accordance with this section for the
purpose of bringing State, local, tribal, and private sector
officials to participate in the work of the National
Cybersecurity Division in order to become familiar with the
Department's stated cybersecurity missions and capabilities,
including but not limited to--
``(A) developing partnerships with other Federal
agencies, State, local, and tribal governments, and the
private sector; and
``(B) fostering training and certification.
``(2) Program name.--The program under this section shall
be known as the `E-Security Fellows Program'.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have computer and information security-related
responsibilities; and
``(2) be eligible to possess an appropriate national
security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 2 iterations of the program each
year, each of which shall be 180 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Division.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations, provide to the individual a stipend to
cover the individual's reasonable living expenses during the period of
the fellowship.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by adding at the end of the items relating
to such subtitle the following:
``Sec. 230D. E-Security Fellows Program.''.
Subtitle L--College Student Hunger
SEC. 51301. SHORT TITLE.
This subtitle may be cited as the ``College Student Hunger Act of
2020''.
SEC. 51302. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM.
(a) Definition of Household.--Section 3(m) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(m)) is amended--
(1) in paragraph (4), by inserting ``, except with respect
to the individuals described in paragraph (5)(F),'' before
``constitute''; and
(2) in paragraph (5), by adding at the end the following:
``(F) Students that are enrolled in and are
residents of an institution of higher education (as
defined in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)) and are eligible to participate
in the supplemental nutrition assistance program under
paragraphs (1) through (11) of section 6(e).''.
(b) Eligibility of Students.--Section 6(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended--
(1) in paragraph (4), by striking ``20'' and inserting
``10'';
(2) in paragraph (7), by striking ``or'' at the end;
(3) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(9) is eligible for a Federal Pell Grant under section
401 of the Higher Education Act of 1965 (20 U.S.C. 1070a);
``(10) has an expected family contribution equal to zero,
as determined by the procedures established in part F of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et
seq.); or
``(11) is independent (as the term is defined under
subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of
the Higher Education Act (20 U.S.C. 1087vv(d)(1))).''.
SEC. 51303. ELIGIBILITY NOTIFICATION FOR STUDENTS.
Not later than 1 year after the effective date under section 51307,
the Secretary of Education, in consultation with the Secretary of
Agriculture, shall--
(1) notify each student who completes the Free Application
for Federal Student Aid and is eligible for a Federal Pell
Grant under section 401 of the Higher Education Act of 1965 (20
U.S.C. 1070a) or has an expected family contribution equal to
zero, as determined by the procedures established in part F of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk
et seq.), that the student may be eligible for the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
(2) direct each student notified under paragraph (1) to the
appropriate State resource to apply for benefits under that
program.
SEC. 51304. COMMUNICATION OF INFORMATION ON STUDENT ELIGIBILITY FOR THE
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Definitions.--In this section:
(1) College student.--The term ``college student'' means a
student enrolled in an institution of higher education.
(2) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of Agriculture.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Program.--The term ``program'' means the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Audit.--
(1) In general.--Not later than 90 days after the effective
date under section 51307, the Inspector General shall conduct
an audit of the operations of the Food and Nutrition Service to
examine the procedures and outreach practices used by the Food
and Nutrition Service to provide to State agencies information
about the eligibility of students at institutions of higher
education for participation in the program.
(2) Report to congress.--Not later than 90 days after
completing the audit under paragraph (1), the Inspector General
shall submit to Congress a report describing the results of the
audit.
(c) Strategies Report.--Not later than 90 days after the Inspector
General submits to Congress a report under subsection (b)(2), the
Secretary shall submit to Congress a report that describes the strategy
to be used by the Food and Nutrition Service--
(1) to increase the awareness of State agencies and
institutions of higher education about--
(A) college student hunger;
(B) the eligibility of college students for the
program; and
(C) the procedures and resources available to
college students who are participating in the program
to access benefits under the program;
(2) to identify existing or potential barriers and
mitigation strategies with respect to those barriers; and
(3) to update the strategic communications plan under
subsection (d).
(d) Updated State Outreach Plan Guidance.--Not later than 90 days
after the Inspector General submits to Congress a report under
subsection (b)(2), the Secretary shall publish an updated State
Outreach Plan Guidance that--
(1) describes existing data on college student hunger;
(2) describes the manner in which college students can
access the supplemental nutrition assistance program;
(3) recommends outreach activities to address college
student hunger and encourages States to conduct those and other
outreach activities;
(4) provides a template for a State to submit information
to the Secretary describing the outreach activities being
carried out by the State to address college student hunger; and
(5) contains updated guidance based on the results of the
audit conducted under subsection (b)(1) and the contents of the
report submitted under subsection (c).
SEC. 51305. DEMONSTRATION PILOT PROGRAM.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended by adding at the end the following:
``SEC. 31. COLLEGE STUDENT HUNGER PILOT PROGRAM.
``(a) Definitions.--In this section:
``(1) College student.--The term `college student' means a
student enrolled in an institution of higher education.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(3) Pilot program.--The term `pilot program' means the
pilot program established under subsection (b).
``(b) Pilot Program.--The Secretary, in collaboration with the
Secretary of Education, shall establish a pilot program under which the
Secretary shall carry out demonstration projects in accordance with
subsection (c)--
``(1) to decrease student hunger at institutions of higher
education; and
``(2) to reduce barriers to college students fully
utilizing supplemental nutrition assistance program benefits at
institutions of higher education.
``(c) Demonstration Projects.--To carry out the pilot program, the
Secretary shall carry out demonstration projects that test the
following new supplemental nutrition assistance program delivery
methods:
``(1) Allowing a college student receiving supplemental
nutrition assistance program benefits to use those benefits or
the cash value of those benefits--
``(A) to purchase prepared foods from a campus
dining hall, on-campus store, or other on-campus
merchant or provider that typically sells prepared
meals and is affiliated with the institution of higher
education at which the student is enrolled; and
``(B) to pay the institution of higher education
the cost of an on-campus college meal plan, in whole or
in part.
``(2) Allowing a college student to use an EBT card or a
campus-specific card at any of the locations described in
paragraph (1)(A).
``(d) Project Limit.--
``(1) In general.--The Secretary shall carry out not more
than 10 demonstration projects under the pilot program
simultaneously.
``(2) Institutions.--The Secretary shall carry out not more
than 1 demonstration project under the pilot program at any
single institution of higher education.
``(e) Project Administration.--The Secretary shall establish
criteria and parameters for selecting, operating, monitoring, and
terminating each demonstration project under the pilot program.
``(f) Project Termination.--To the maximum extent practicable, the
Secretary shall ensure that the termination of a demonstration project
under the pilot program shall not cause sudden adverse changes or the
elimination of benefits under the supplemental nutrition assistance
program for students participating in the demonstration project.
``(g) Program Termination.--The pilot program shall terminate on
the date that is 10 years after the date on which the pilot program is
established.
``(h) Evaluation.--For the duration of the pilot program, the
Secretary shall, in collaboration with the Under Secretary for
Research, Education, and Economics and the Director of the Institute of
Education Sciences, conduct an annual evaluation of each demonstration
project carried out under the pilot program during the year covered by
the evaluation, including an analysis of the extent to which the
project is meeting the desired outcomes.
``(i) Report.--For the duration of the pilot program, the Secretary
shall submit to the Committees on Agriculture, Nutrition, and Forestry
and Health, Education, Labor, and Pensions of the Senate and the
Committees on Agriculture and Education and Labor of the House of
Representatives an annual report that includes--
``(1) a description of each demonstration project carried
out under the pilot program during the year covered by the
report;
``(2) the evaluation conducted under subsection (h); and
``(3) recommendations for legislation to improve the
supplemental nutrition assistance program to better serve
college students.
``(j) Waiver and Modification Authority.--
``(1) In general.--Subject to paragraph (2), the Secretary
may, as may be necessary solely to carry out the pilot
program--
``(A) waive any provision under this Act,
including--
``(i) the requirement relating to local
sales tax under section 4(a);
``(ii) requirements relating to the
issuance and use of supplemental nutrition
assistance program benefits under section 7;
and
``(iii) requirements for approval of retail
food stores under section 9; and
``(B) modify the definitions under this Act for the
purposes of the pilot program, including the definition
of--
``(i) the term `food' under section 3(k);
``(ii) the term `household' under section
3(m); and
``(iii) the term `retail food store' under
section 3(o).
``(2) Limitation.--The Secretary may not waive a provision
or modify a definition under paragraph (1) if the waiver or
modification will--
``(A) cause increased difficulty for any household
to apply for or access supplemental nutrition
assistance program benefits; or
``(B) reduce the value of those benefits for any
household.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section.''.
SEC. 51306. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect on the first day of the fiscal year that begins after the date
of enactment of this Act.
Subtitle M--CAMPUS HATE Crimes
SEC. 51401. SHORT TITLE.
This subtitle may be cited as the ``Creating Accountability
Measures Protecting University Students Historically Abused,
Threatened, and Exposed to Crimes Act'' or the ``CAMPUS HATE Crimes
Act''.
SEC. 51402. FINDINGS.
Congress finds the following:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim, known as hate crimes or crimes motivated by bias, poses
a serious national problem.
(2) Such violence motivated by hatred and bigotry endangers
our citizens and disrupts the communities they live in, by
tearing at the fabric of our Nation and our constitutional
aspiration to create a stronger, more perfect union.
(3) According to data obtained by the Southern Poverty Law
Center, schools were a particularly common location for hate
crimes to occur--including 150 incidents on college campuses in
33 States since November.
(4) This level of violence demonstrates an unprecedented
escalation in race and hate-based crime being committed on
college campuses compared to recent years.
(5) Hate groups have openly declared their efforts to
establish a physical presence on college campuses and have
specifically targeted young individuals and students for their
messaging. Such efforts include placing fliers around campus,
online organizing, and bringing national leaders to speak.
(6) College campuses have become the ideal location for
hate group activity because they traditionally embrace
diversity, tolerance, and social justice and strive for
equality and have created safe spaces for students of every
gender and identity.
(7) These are soft targets for such groups, because
students are more curious and receptive to new, even radical,
ideas than older individuals.
(8) The Higher Education Act of 1965 and the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime
Statistics Act have enabled Federal authorities to understand,
report, and where appropriate, investigate and prosecute hate
crimes committed within the jurisdiction of an institution of
higher education.
(9) However, an enduring effort cannot be made to address
the national problem posed by hate crimes if many of our
institutions of higher education fail to properly evaluate,
prepare, and implement an effective strategy to prevent and
respond to such crimes.
(10) The annual dissemination of relevant information to
students and faculty regarding the institution's campus safety
apparatus will provide for a more transparent and informed
campus community on the infrastructure and process in place,
and the assistance services available.
(11) Federal financial assistance with regard to providing
training, technical assistance, evaluation, and other
associated services will allow school security and
administration to understand the unique needs for the campus
and the assistance to implement the proper safety plan to
address those needs.
(12) Amending the Program Participation Agreement between
an institution of higher education and the Department of
Education to include hate crime programs provides substantial
assurance that campus climate and safety will become an
increasing priority and focal point to the higher education
community.
(13) Modifying the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act will enable
campus security and local law enforcement to more efficiently
collaborate in detailing and recording information on crimes,
including violence motivated by the actual or perceived race,
color, religion, national origin, gender, sexual orientation,
gender identity, or disability of the victim.
(14) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal financial assistance to States and local
jurisdictions.
SEC. 51403. HATE CRIME PREVENTION AND RESPONSE.
Part B of title I of the Higher Education Act of 1965 is amended by
adding at the end the following:
``SEC. 124. HATE CRIME PREVENTION AND RESPONSE.
``(a) Restriction on Eligibility.--Notwithstanding any other
provision of law, no institution of higher education shall be eligible
to receive funds or any other form of financial assistance under any
program under title IV, unless the institution certifies to the
Secretary that the institution has adopted and has implemented a
program to prevent and adequately respond to hate crimes within the
jurisdiction of the institution or by students and employees that, at a
minimum, includes--
``(1) the annual distribution to each student and employee
of--
``(A) standards of conduct and the applicable
sanctions that clearly prohibit, at a minimum, the acts
or threats of violence, property damage, harassment,
intimidation, or other crimes that specifically target
an individual based on their race, religion, ethnicity,
handicap, sexual orientation, gender, or gender
identification by students and employees on the
institution's property or as a part of any of the
institution's activities;
``(B) a clear definition of what constitutes a hate
crime or hate incident under Federal and State law or
other applicable authority;
``(C) a description of the applicable legal
sanctions under local, State, or Federal law for
perpetrating a hate crime;
``(D) a description of any counseling, medical
treatment, or rehabilitation programs that are
available to students or employees that are victims of
hate crimes or other hate-based incidences;
``(E) a description of applicable services for
students to be able to switch dorms, classes, or make
other arrangements should they feel unsafe in those
spaces due to a hate crime which affects such space;
and
``(F) a distinct statement that the institution
will impose sanctions on students and employees
(consistent with local, State, and Federal law), and a
description of those sanctions, up to and including
expulsion or termination of employment and referral for
prosecution, for violations of the standards of conduct
required by subparagraph (A); and
``(2) a quadrennial review by the institution of the
institution's program to--
``(A) determine the program's effectiveness and
implement changes to the program if the changes are
needed;
``(B) determine the number of hate crimes and
fatalities that--
``(i) occur on the institution's campus (as
defined in section 485(f)(6)), or as part of
any of the institution's activities; and
``(ii) are reported to campus officials or
nonaffiliated local law enforcement agencies
with jurisdiction over the incident;
``(C) determine the number, type, and severity of
sanctions described in paragraph (1)(F) that are
imposed by the institution as a result of hate crimes
and fatalities on the institution's campus or as part
of any of the institution's activities; and
``(D) ensure that sanctions required by paragraph
(1)(F) are consistently enforced.
``(b) Information Availability.--Each institution of higher
education that provides the certification required by subsection (a)
shall, upon request, make available to the Secretary and to the public
a copy of each item required by subsection (a)(1) as well as the
results of the biennial review required by subsection (a)(2).
``(1) Regulations.--
``(A) In general.--The Secretary shall publish
regulations to implement and enforce the provisions of
this section, including regulations that provide for--
``(i) the periodic review of a
representative sample of programs required by
subsection (a); and
``(ii) a range of responses and sanctions
for institutions of higher education that fail
to implement their programs or to consistently
enforce their sanctions, including information
and technical assistance, the development of a
compliance agreement, and the termination of
any form of Federal financial assistance.
``(B) Inclusivity program.--The sanctions required
by subsection (a)(1)(F) that are imposed by the
institution of higher education, may include an
inclusivity program as an explicit condition of
remaining enrolled at the institution of higher
education, that the defendant successfully undertake
educational classes or community service directly
related to the community harmed by the respondent's
offense.
``(2) Appeals.--Upon determination by the Secretary to
terminate financial assistance to any institution of higher
education under this section, the institution may file an
appeal with an administrative law judge before the expiration
of the 30-day period beginning on the date such institution is
notified of the decision to terminate financial assistance
under this section. Such judge shall hold a hearing with
respect to such termination of assistance before the expiration
of the 45-day period beginning on the date that such appeal is
filed. Such judge may extend such 45-day period upon a motion
by the institution concerned. The decision of the judge with
respect to such termination shall be considered to be a final
agency action.
``(3) Hate crime prevention and response grants.--
``(A) Program authority.--The Secretary may make
grants to institutions of higher education or consortia
of such institutions, and enter into contracts with
such institutions, consortia, and other organizations,
to develop, implement, operate, improve, and
disseminate programs of prevention, and education to
reduce and eliminate hate crimes. Such grants or
contracts may also be used for the support of a higher
education center for hate crime prevention and response
that will provide training, technical assistance,
evaluation, dissemination, and associated services and
assistance to the higher education community as
determined by the Secretary and institutions of higher
education.
``(B) Awards.--Grants and contracts shall be
awarded under subparagraph (A) on a by needs basis.
``(C) Applications.--An institution of higher
education or a consortium of such institutions that
desires to receive a grant or contract under paragraph
(A) shall submit an application to the Secretary at
such time, in such manner, and containing or
accompanied by such information as the Secretary may
reasonably require by regulation.
``(D) Additional requirements.--
``(i) Participation.--In awarding grants
and contracts under this subsection the
Secretary shall make every effort to ensure--
``(I) the equitable participation
of private and public institutions of
higher education (including community
and junior colleges); and
``(II) the equitable geographic
participation of such institutions.
``(ii) Consideration.--In awarding grants
and contracts under this subsection the
Secretary shall give appropriate consideration
to institutions of higher education with
limited enrollment.
``(E) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as may be necessary for fiscal
year 2020 and each of the 5 succeeding fiscal years.
``(4) Definition.--The term `hate crime' means any criminal
offense perpetrated against a person or property that was
motivated in whole or in part by an offender's bias against a
race, religion, disability, sexual orientation, ethnicity,
gender, or gender identity.''.
SEC. 51404. CLERY ACT AMENDMENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) in clause (iii)--
(I) by striking ``encourage'' and
inserting ``require'';
(II) by inserting ``, including
hate crimes,'' after ``all crimes'';
and
(III) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(i) policies encourage officer
development training to specifically recognize,
prevent, and respond to hate crimes.''; and
(B) by adding at the end the following:
``(K) A statement of policy regarding hate-based crimes and
the enforcement of Federal and State hate crime laws and a
description of any hate crime prevention and response programs
required under section 124.''; and
(2) in paragraph (6)(A), by adding at the end the
following:
``(vi) The term `hate crime' has the
meaning given the term in section 124(b)(4).''.
SEC. 51405. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) The institution will have hate crime
prevention and response programs that the
institution has determined to be accessible to
any officer, employee, or student at the
institution and which meets the requirements of
section 124.''.
SEC. 51406. ACCREDITING AGENCY RECOGNITION.
Section 496(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)(5)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' after the
semicolon; and
(3) by inserting after subparagraph (J) and before the
flush text, the following:
``(K) safety objectives with respect to hate crimes
(defined in section 124(b)(4)) and the established
measures and policies to combat such crimes;''.
Subtitle N--HBCU Capital Financing Improvement
SEC. 51501. SHORT TITLE.
This subtitle may be cited as the ``HBCU Capital Financing
Improvement Act''.
SEC. 51502. BOND INSURANCE.
Section 343 of the Higher Education Act of 1965 (20 U.S.C. 1066b)
is amended--
(1) by striking ``escrow account'' each place it appears
and inserting ``bond insurance fund''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``an'' and
inserting ``a''; and
(B) in paragraph (8), in the matter preceding
subparagraph (A), by striking ``an'' and inserting
``a''.
SEC. 51503. STRENGTHENING TECHNICAL ASSISTANCE.
Paragraph (9) of section 345 of the Higher Education Act of 1965
(20 U.S.C. 1066d) is amended to read as follows:
``(9) may, directly or by grant or contract, provide
financial counseling and technical assistance to eligible
institutions to prepare the institutions to qualify, apply for,
and maintain a capital improvement loan, including a loan under
this part; and''.
SEC. 51504. HBCU CAPITAL FINANCING ADVISORY BOARD.
Paragraph (2) of section 347(c) of the Higher Education Act of 1965
(20 U.S.C. 1066f(c)) is amended to read as follows:
``(2) Report.--On an annual basis, the Advisory Board shall
prepare and submit to the authorizing committees a report on
the status of the historically Black colleges and universities
described in paragraph (1)(A). That report shall also include--
``(A) an overview of all loans in the capital
financing program, including the most recent loans
awarded in the fiscal year in which the report is
submitted; and
``(B) administrative and legislative
recommendations, as needed, for addressing the issues
related to construction financing facing historically
Black colleges and universities.''.
Subtitle O--Transition-to-Success Mentoring
SEC. 51601. SHORT TITLE.
This subtitle may be cited as the ``Transition-to-Success Mentoring
Act''.
SEC. 51602. TRANSITION-TO-SUCCESS MENTORING PROGRAM.
(a) Authorization of Appropriations.--Section 1002(d) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6553) is
amended to read as follows:
``(d) Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-Risk.--There are authorized to be
appropriated to carry out the activities described in part D,
$50,000,000 for fiscal year 2021 and such sums as may be necessary for
each succeeding fiscal year.''.
(b) Transition-to-Success Mentoring Program.--Part D of title I of
such Act (20 U.S.C. 6421 et seq.) is amended by adding at the end the
following:
``Subpart 4--Transition-to-Success Mentoring Program
``SEC. 1441. TRANSITION-TO-SUCCESS MENTORING PROGRAM.
``(a) In General.--From the amounts appropriated to carry out this
section, the Secretary shall award grants to eligible entities to
establish, expand, or support school-based mentoring programs to assist
eligible students with the transition from middle school to high
school.
``(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(c) Uses of Funds.--
``(1) Required uses of funds.--An eligible entity that
receives a grant under this section shall use the grant funds
to establish a mentoring program, or to expand or provide
technical support to an existing mentoring program, in all
middle schools served by the entity, under which each eligible
student is assigned to a success coach who--
``(A) creates a plan for success for the student
that--
``(i) is created with the student,
teachers, mentor, and parents of the student;
``(ii) includes, for each academic year,
the student's academic, personal, college, and
career exploration goals, and a strategy on how
to accomplish such goals;
``(iii) identifies the student's strengths,
weaknesses, and academic progress; and
``(iv) includes a plan to educate and
support the student's college or career
exploration goals;
``(B) enters into a signed, written agreement with
the parents of the student that describes how the
parents should assist the student in carrying out the
plan for success;
``(C) meets with the student at least once per
month to--
``(i) assist the student in achieving the
goals under the plan for success;
``(ii) identify the student's academic
areas of weaknesses;
``(iii) provide the student with the tools
necessary to improve the student's potential
for academic excellence, and ensure the
student's successful transition from middle
school to high school by identifying improved
attitude, behavior, coursework, and social
involvement; and
``(iv) in the case of a student with
behavioral issues, assist the student in
behavior management techniques;
``(D) at least monthly, meets with the student and
the parents, teachers, or counselors of the student
to--
``(i) evaluate the student's progress in
achieving the goals under the plan for the
current academic year; and
``(ii) revise or establish new goals for
the next academic year;
``(E) serves as the student's advocate between the
teachers and parents of the student to ensure that the
teachers and parents understand the student's plan; and
``(F) serves as the student's advocate in exploring
higher education and career opportunities.
``(2) Authorized uses of funds.--An eligible entity that
receives a grant under this section may use such funds to--
``(A) develop and carry out a training program for
success coaches, including providing support to match
success coaches with eligible students;
``(B) cover the cost of any materials used by
success coaches under the mentoring program; and
``(C) hire staff to perform or support the program
objectives.
``(d) Grant Duration.--A grant under this section shall be awarded
for a period of not more than 5 years.
``(e) Reporting Requirements.--
``(1) Eligible entities.--An eligible entity receiving a
grant under this section shall submit to the Secretary, at the
end of each academic year during the grant period, a report
that includes--
``(A) the number of students who participated in
the school-based mentoring program that was funded in
whole or in part with the grant funds under this
section;
``(B) data on the academic achievement of such
students;
``(C) the number of contact hours between such
students and their success coaches; and
``(D) any other information that the Secretary may
require to evaluate the success of the school-based
mentoring program.
``(2) Secretary.--
``(A) Interim report.--At the end of the third
fiscal year for which funds are made available to carry
out this section, the Secretary shall submit to
Congress an interim report on the success of the
school-based mentoring programs funded under this
section that includes the information received under
paragraph (1).
``(B) Final report.--At the end of the fifth fiscal
year for which funds are made available to carry out
this section, the Secretary shall submit to Congress a
final report on the success of the school-based
mentoring programs funded under this section that
includes the information received under paragraph (1).
``(f) Definitions.--In this section:
``(1) At-risk student.--The term `at-risk student' means a
student who has been identified as a student who has below a
2.0 grade point average or the equivalent or who has been
determined by parents, teachers, or other school officials to--
``(A) be at-risk of academic failure;
``(B) have expressed interest in dropping out of
school;
``(C) show signs of a drug or alcohol problem;
``(D) be pregnant or a parent;
``(E) have come into contact with the juvenile
justice system in the past;
``(F) have limited English proficiency;
``(G) be a gang member; or
``(H) have a high absenteeism rate at school.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency that--
``(i) receives, or is eligible to receive,
funds under part A of this title; or
``(ii) is a high-need local educational
agency; or
``(B) a partnership between a local educational
agency described in subparagraph (A) and a nonprofit,
community-based organization.
``(3) Eligible student.--The term `eligible student' means
a student who--
``(A) is enrolled in a middle school served by an
eligible entity; and
``(B) is an at-risk student.
``(4) High-need local educational agency.--The term `high-
need local educational agency' means a local educational agency
that serves at least one high-need school.
``(5) High-need school.--The term `high-need school' has
the meaning given the term in section 2211(b)(2).
``(6) Middle school.--The term `middle school' means a
nonprofit institutional day or residential school, including a
public charter school, that provides middle school education,
as determined under State law, except that the term does not
include any education below grade 6 or beyond grade 9.
``(7) School-based mentoring.--The term `school-based
mentoring' refers to mentoring activities that--
``(A) are closely coordinated with a school by
involving teachers, counselors, and other school staff
who may identify and refer students for mentoring
services; and
``(B) assist at-risk students in improving academic
achievement, reducing disciplinary referrals, and
increasing positive regard for school.
``(8) Success coach.--The term `success coach' means an
individual who--
``(A) is--
``(i) an employee or volunteer of a local
educational agency in which a mentoring program
receiving support under this section is being
carried out; or
``(ii) a volunteer or employee from a
nonprofit, community-based organization that
provides volunteers for mentoring programs in
secondary schools; and
``(B) prior to becoming a success coach--
``(i) received training and support in
mentoring from an eligible entity, which, at a
minimum, was 2 hours in length and covered the
roles and responsibilities of a success coach;
and
``(ii) underwent a screening by an eligible
entity that included--
``(I) appropriate job reference
checks;
``(II) child and domestic abuse
record checks; and
``(III) criminal background
checks.''.
SEC. 51603. TABLE OF CONTENTS.
The table of contents in section 2 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting
after the item relating to section 1432 the following:
``subpart 4--transition-to-success mentoring program
``Sec. 1441. Transition-to-success mentoring program.''.
Subtitle P--Equity and Inclusion Enforcement
SEC. 51701. SHORT TITLE.
This subtitle may be cited as the ``Equity and Inclusion
Enforcement Act''.
SEC. 51702. RESTORATION OF RIGHT TO CIVIL ACTION IN DISPARATE IMPACT
CASES UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by adding at the end the following:
``Sec. 607. The violation of any regulation relating to disparate
impact issued under section 602 shall give rise to a private civil
cause of action for its enforcement to the same extent as does an
intentional violation of the prohibition of section 601.''.
SEC. 51703. DESIGNATION OF MONITORS UNDER TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is further amended by adding at the end the following:
``Sec. 608. (a) Each recipient shall--
``(1) designate at least one employee to coordinate its
efforts to comply with requirements adopted pursuant to section
602 and carry out the responsibilities of the recipient under
this title, including any investigation of any complaint
alleging the noncompliance of the recipient with such
requirements or alleging any actions prohibited under this
title; and
``(2) notify its students and employees of the name, office
address, and telephone number of each employee designated under
paragraph (1).
``(b) In this section, the term `recipient' means a recipient
referred to in section 602 that operates an education program or
activity receiving Federal financial assistance authorized or extended
by the Secretary of Education.''.
SEC. 51704. SPECIAL ASSISTANT FOR EQUITY AND INCLUSION.
Section 202(b) of the Department of Education Organization Act (20
U.S.C. 3412(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3), the following:
``(4) There shall be in the Department, a Special Assistant
for Equity and Inclusion who shall be appointed by the
Secretary. The Special Assistant shall promote, coordinate, and
evaluate equity and inclusion programs, including the
dissemination of information, technical assistance, and
coordination of research activities. The Special Assistant
shall advise the Secretary and Deputy Secretary on all matters
relating to equity and inclusion in a manner consistent with
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).''.
Subtitle Q--Pell Grant Preservation and Expansion
SEC. 51801. SHORT TITLE.
This subtitle may be cited as the ``Pell Grant Preservation and
Expansion Act''.
SEC. 51802. FINDINGS.
Congress finds the following:
(1) The United States needs individuals with the knowledge,
skills, and abilities that enable them to thrive as educated
citizens in society and successfully participate in an
interconnected economy.
(2) Investments in higher education through student aid
such as the Federal Pell Grant program under section 401 of the
Higher Education Act of 1965 (20 U.S.C. 1070a) help students
and families reach, afford, and complete education and training
opportunities beyond high school.
(3) The Federal Pell Grant program is the largest source of
federally funded grant aid for postsecondary education.
(4) The Federal Pell Grant program allows millions of
people of the United States to attend college and is especially
vital to students of color. Three in 5 African American
undergraduate students, and one-half of all Latino
undergraduate students, rely on the Federal Pell Grant program.
(5) The Federal Pell Grant program should continue to be a
reliable source of funding for aspiring students, their
families, and future generations that they can count on to be
there for them when they seek higher education.
(6) To stabilize Federal Pell Grant funding and ensure the
grant will continue to serve millions of students now and in
the future, the program should become a fully mandatory program
that grows with inflation.
(7) Protecting surplus funds, restoring prior eligibility
cuts, and expanding access to underserved students will give
millions of students and families the critical student aid
support they need and deserve.
SEC. 51803. REFERENCES.
Except as otherwise expressly provided, whenever in this subtitle
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 51804. FUNDING FEDERAL PELL GRANTS THROUGH MANDATORY FUNDING.
(a) Mandatory Funding; Reinstating Eligibility for Incarcerated
Individuals.--Section 401 (20 U.S.C. 1070a) is amended--
(1) in subsection (a)(1), by striking ``through fiscal year
2022'';
(2) in subsection (b)--
(A) by striking paragraphs (1), (6), and (7);
(B) by redesignating paragraph (8) as paragraph
(7);
(C) by striking subparagraph (A) of paragraph (2);
(D) by redesignating subparagraph (B) of paragraph
(2) as paragraph (2);
(E) by inserting before paragraph (2) (as
redesignated by subparagraph (D)) the following:
``(1) Amount.--The amount of the Federal Pell Grant for a student
eligible under this subpart shall be--
``(A) the maximum Federal Pell Grant described in paragraph
(6); less
``(B) the amount equal to the amount determined to be the
expected family contribution with respect to such student for
such year.'';
(F) in paragraph (4), by striking ``maximum amount
of a Federal Pell Grant award determined under
paragraph (2)(A)'' and inserting ``maximum Federal Pell
Grant described in paragraph (6)'';
(G) in paragraph (5), by striking ``maximum amount
of a Federal Pell Grant award determined under
paragraph (2)(A)'' and inserting ``maximum amount of a
Federal Pell Grant award described in paragraph (6)'';
(H) by inserting after paragraph (5) the following:
``(6) Maximum federal pell grant.--
``(A) Award year 2021-2022.--For award year 2021-
2022, the maximum Federal Pell Grant shall be $6,420.
``(B) Subsequent award years.--For award year 2021-
2022 and each subsequent award year, the maximum
Federal Pell Grant shall be equal to the total maximum
Federal Pell Grant for the preceding award year under
this paragraph--
``(i) increased by the annual adjustment
percentage for the award year for which the
amount under this subparagraph is being
determined; and
``(ii) rounded to the nearest $5.
``(C) Definition of annual adjustment percentage.--
In this paragraph, the term `annual adjustment
percentage,' as applied to an award year, is equal to
the estimated percentage increase in the Consumer Price
Index (as determined by the Secretary, using the
definition in section 478(f)) for the most recent
calendar year ending prior to the beginning of that
award year.''; and
(I) in paragraph (7), as redesignated by
subparagraph (B), by striking ``may exceed'' and all
that follows through the period and inserting ``may
exceed the maximum Federal Pell Grant available for an
award year.'';
(3) in subsection (f)--
(A) in paragraph (1), by striking the matter
preceding subparagraph (A) and inserting the following:
``After receiving an application for a Federal Pell
Grant under this subpart, the Secretary (including any
contractor of the Secretary processing applications for
Federal Pell Grants under this subpart) shall, in a
timely manner, furnish to the student financial aid
administrator at each institution of higher education
that a student awarded a Federal Pell Grant under this
subpart is attending, the expected family contribution
for each such student. Each such student financial
administrator shall--''; and
(B) in paragraph (3)--
(i) by striking ``after academic year 1986-
1987''; and
(ii) in paragraph (3), by striking ``the
Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of
Representatives, and'';
(4) by striking subsections (g) and (h);
(5) by redesignating subsections (i) and (j) as subsections
(g) and (h), respectively; and
(6) by adding at the end the following:
``(k) Appropriation of Funds.--There are authorized to be
appropriated, and there are appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be necessary for
fiscal year 2022 and each subsequent fiscal year to provide the maximum
Federal Pell Grant for which a student shall be eligible under this
section during an award year.''.
(b) Repeal of Scoring Requirement.--Section 406 of H. Con. Res. 95
(109th Congress) is amended--
(1) by striking subsection (b); and
(2) by striking ``(a) In General.--Upon'' and inserting the
following: ``Upon''.
SEC. 51805. RESTORING FEDERAL PELL GRANT ELIGIBILITY FOR BORROWER
DEFENSE.
Section 401(c)(5) (20 U.S.C. 1070a(c)(5)) is amended--
(1) by striking ``(5) The period'' and inserting the
following: ``(5) Maximum period.--
``(A) In general.--Except as provided in
subparagraph (B), the period''; and
(2) by adding at the end the following:
``(B) Exception.--
``(i) In general.--Any Federal Pell Grant
that a student received during a period
described in subclause (I) or (II) of clause
(ii) shall not count towards the student's
duration limits under this paragraph.
``(ii) Applicable periods.--Clause (i)
shall apply with respect to any Federal Pell
Grant awarded to a student to attend an
institution--
``(I) during a period--
``(aa) for which the
student received a loan under
this title; and
``(bb) for which the loan
described in item (aa) is
forgiven under--
``(AA) section
437(c)(1) or 464(g)(1)
due to the closing of
the institution;
``(BB) section
455(h) due to the
student's successful
assertion of a defense
to repayment of the
loan; or
``(CC) section
432(a)(6), section
685.215 of title 34,
Code of Federal
Regulations (or a
successor regulation),
or any other loan
forgiveness provision
or regulation under
this Act, as a result
of a determination by
the Secretary or a
court that the
institution committed
fraud or other
misconduct; or
``(II) during a period for which
the student did not receive a loan
under this title but for which, if the
student had received such a loan, the
student would have qualified for loan
forgiveness under subclause (I)(bb).''.
SEC. 51806. FEDERAL PELL GRANT ELIGIBILITY FOR DREAMER STUDENTS.
Section 484 (20 U.S.C. 1091) is amended--
(1) in subsection (a)(5), by inserting ``, or be a Dreamer
student, as defined in subsection (u)'' after ``becoming a
citizen or permanent resident''; and
(2) by adding at the end the following:
``(u) Dreamer Students.--
``(1) In general.--In this section, the term `Dreamer
student' means an individual who--
``(A) was younger than 16 years of age on the date
on which the individual initially entered the United
States;
``(B) has provided a list of each secondary school
that the student attended in the United States; and
``(C)(i) has earned a high school diploma, the
recognized equivalent of such diploma from a secondary
school, or a high school equivalency diploma in the
United States or is scheduled to complete the
requirements for such a diploma or equivalent before
the next academic year begins;
``(ii) has acquired a degree from an institution of
higher education or has completed not less than 2 years
in a program for a baccalaureate degree or higher
degree at an institution of higher education in the
United States and has made satisfactory academic
progress, as defined in subsection (c), during such
time period;
``(iii) at any time was eligible for a grant of
deferred action under--
``(I) the June 15, 2012, memorandum from
the Secretary of Homeland Security entitled
`Exercising Prosecutorial Discretion with
Respect to Individuals Who Came to the United
States as Children'; or
``(II) the November 20, 2014, memorandum
from the Secretary of Homeland Security
entitled `Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the
United States as Children and with Respect to
Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'; or
``(iv) has served in the uniformed services, as
defined in section 101 of title 10, United States Code,
for not less than 4 years and, if discharged, received
an honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when the Department shall waive the
requirement of subparagraph (A) or (B), or both, of paragraph
(1) for an individual to qualify as a Dreamer student under
such paragraph, if the individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (A) or (B), or both; and
``(B) satisfies the requirement of paragraph
(1)(C).''.
SEC. 51807. REPEAL OF SUSPENSION OF ELIGIBILITY UNDER THE HIGHER
EDUCATION ACT OF 1965 FOR GRANTS, LOANS, AND WORK
ASSISTANCE FOR DRUG-RELATED OFFENSES.
(a) Repeal.--Subsection (r) of section 484 (20 U.S.C. 1091(r)) is
repealed.
(b) Revision of FAFSA Form.--Section 483 of the Higher Education
Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the
following:
``(i) Convictions.--The Secretary shall not include any question
about the conviction of an applicant for the possession or sale of
illegal drugs on the FAFSA (or any other form developed under
subsection (a)).''.
(c) Conforming Amendments.--The Act (20 U.S.C. 1001 et seq.) is
amended--
(1) in section 428(b)(3) (20 U.S.C. 1078(b)(3))--
(A) in subparagraph (C), by striking ``485(l)'' and
inserting ``485(k)''; and
(B) in subparagraph (D), by striking ``485(l)'' and
inserting ``485(k)'';
(2) in section 435(d)(5) (20 U.S.C. 1085(d)(5))--
(A) in subparagraph (E), by striking ``485(l)'' and
inserting ``485(k)''; and
(B) in subparagraph (F), by striking ``485(l)'' and
inserting ``485(k)'';
(3) in section 484 (20 U.S.C. 1091), as amended by section
51806, by redesignating subsections (s),(t), and (u) as
subsections (r), (s), and (t), respectively;
(4) in section 485 (20 U.S.C. 1092)--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) and (m) as
subsections (k) and (l), respectively; and
(5) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C.
1094(e)(2)(B)(ii)(IV)), by striking ``(l) of section 485'' and
inserting ``(k) of section 485''.
SEC. 51808. EXTENDING FEDERAL PELL GRANT ELIGIBILITY OF CERTAIN SHORT-
TERM PROGRAMS.
(a) In General.--Section 401 (20 U.S.C. 1070a), as amended by
section 51804, is further amended by inserting after subsection (h) the
following:
``(i) Job Training Federal Pell Grant Program.--
``(1) Definitions.--In this subsection:
``(A) Eligible career pathway program.--The term
`eligible career pathway program' means a program
that--
``(i) meets the requirements of section
484(d)(2);
``(ii) is a program of training services
listed under section 122(d) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3152(d)); and
``(iii) is part of a career pathway, as
defined in section 3 of such Act (29 U.S.C.
3102).
``(B) Job training program.--The term `job training
program' means a career and technical education program
at an institution of higher education that--
``(i) provides not less than 150, and not
more than 600, clock hours of instructional
time over a period of not less than 8, and not
more than 15, weeks;
``(ii) provides training aligned with the
requirements of employers in the State or local
area, which may include in-demand industry
sectors or occupations, as defined in section 3
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102), in the State or local area
(as defined in such section);
``(iii) is a program of training services,
and provided through an eligible provider of
training services, listed under section 122(d)
of such Act (29 U.S.C. 3152(d));
``(iv) provides a student, upon completion
of the program, with a recognized postsecondary
credential, as defined in section 3 of such
Act, that is recognized by employers in the
relevant industry, including credentials
recognized by industry or sector partnerships
in the State or local area where the industry
is located;
``(v) has been determined, by the
institution of higher education, to provide
academic content, an amount of instructional
time, and a recognized postsecondary credential
that are sufficient to--
``(I) meet the hiring requirements
of potential employers; and
``(II) satisfy any applicable
educational prerequisite requirement
for professional licensure or
certification, so that the student who
completes the program and seeks
employment qualifies to take any
licensure or certification examination
needed to practice or find employment
in an occupation that the program
prepares students to enter;
``(vi) may include integrated or basic
skills courses; and
``(vii) may be offered as part of an
eligible career pathway program.
``(2) In general.--For the award year beginning on July 1,
2021, and each subsequent award year, the Secretary shall carry
out a program through which the Secretary shall award job
training Federal Pell Grants to students in job training
programs. Each job training Federal Pell Grant awarded under
this subsection shall have the same terms and conditions, and
be awarded in the same manner, as a Federal Pell Grant awarded
under subsection (a), except as follows:
``(A) A student who is eligible to receive a job
training Federal Pell Grant under this subsection is a
student who--
``(i) has not yet attained a baccalaureate
degree or postbaccalaureate degree;
``(ii) attends an institution of higher
education;
``(iii) is enrolled, or accepted for
enrollment, in a job training program at such
institution of higher education; and
``(iv) meets all other eligibility
requirements for a Federal Pell Grant (except
with respect to the type of program of study,
as provided in clause (iii)).
``(B) The amount of a job training Federal Pell
Grant for an eligible student shall be determined under
subsection (b)(1), except that--
``(i) the maximum Federal Pell Grant
awarded under this subsection for an award year
shall be 50 percent of the maximum Federal Pell
Grant awarded under subsection (b)(5)
applicable to that award year; and
``(ii) subsection (b)(4) shall not apply.
``(3) Inclusion in total eligibility period.--Any period
during which a student receives a job training Federal Pell
Grant under this subsection shall be included in calculating
the student's period of eligibility for Federal Pell Grants
under subsection (c), and any regulations under such subsection
regarding students who are enrolled in an undergraduate program
on less than a full-time basis shall similarly apply to
students who are enrolled in a job training program at an
eligible institution on less than a full-time basis.''.
(b) Additional Safeguards.--Section 496(a)(4) (20 U.S.C.
1099b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(ii), by inserting ``and'' after the
semicolon; and
(3) by adding at the end the following:
``(C) if such agency or association has or seeks to
include within its scope of recognition the evaluation
of the quality of institutions of higher education
participating in the job training Federal Pell Grant
program under section 401(i), such agency or
association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the
Secretary that, with respect to such job training
programs--
``(i) the agency or association's standards
include a process for determining whether the
program provides training aligned with the
requirements of employers in the State or local
area served by the program; and
``(ii) the agency or association requires a
demonstration that the program--
``(I) has identified each
recognized postsecondary credential
offered and the corresponding industry
or sector partnership that actively
recognizes each credential in the
relevant industry in the State or local
area where the industry is located; and
``(II) provides the academic
content and amount of instructional
time that is sufficient to--
``(aa) meet the hiring
requirements of potential
employers; and
``(bb) satisfy any
applicable educational
prerequisites for professional
licensure or certification
requirements so that the
student who completes the
program and seeks employment
qualifies to take any licensure
or certification examination
that is needed to practice or
find employment in an
occupation that the program
prepares students to enter;''.
SEC. 51809. PROVIDING FEDERAL PELL GRANTS FOR IRAQ AND AFGHANISTAN
VETERAN'S DEPENDENTS.
(a) Amendments.--Part A of title IV (20 U.S.C. 1070a et seq.) is
amended--
(1) in section 401, as amended by section 51808, by
inserting after subsection (i) the following:
``(j) Scholarships for Veteran's Dependents.--
``(1) Definition of eligible veteran's dependent.--In this
subsection, the term `eligible veteran's dependent' means a
dependent or an independent student--
``(A) whose parent or guardian was a member of the
Armed Forces of the United States and died as a result
of performing military service in Iraq or Afghanistan
after September 11, 2001; and
``(B) who, at the time of the parent or guardian's
death, was--
``(i) less than 24 years of age; or
``(ii) enrolled at an institution of higher
education on a part-time or full-time basis.
``(2) Grants.--
``(A) In general.--The Secretary shall award a
Federal Pell Grant, as modified in accordance with the
requirements of this subsection, to each eligible
veteran's dependent to assist in paying the eligible
veteran's dependent's cost of attendance at an
institution of higher education.
``(B) Designation.--Federal Pell Grants made under
this subsection may be known as `Iraq and Afghanistan
Service Grants'.
``(3) Prevention of double benefits.--No eligible veteran's
dependent may receive a grant under both this subsection and
subsection (a).
``(4) Terms and conditions.--The Secretary shall award Iraq
and Afghanistan Service Grants under this subsection in the
same manner and with the same terms and conditions, including
the length of the period of eligibility, as the Secretary
awards Federal Pell Grants under subsection (a), except that--
``(A) the award rules and determination of need
applicable to the calculation of Federal Pell Grants
under subsection (a) shall not apply to Iraq and
Afghanistan Service Grants;
``(B) the provisions of paragraph (1)(B) and (3) of
subsection (b), and subsection (f), shall not apply;
``(C) the maximum period determined under
subsection (c)(5) shall be determined by including all
Iraq and Afghanistan Service Grants received by the
eligible veteran's dependent, including such Grants
received under subpart 10 before the effective date of
this subsection; and
``(D) an Iraq and Afghanistan Service Grant to an
eligible veteran's dependent for any award year shall
equal the maximum Federal Pell Grant available under
subsection (b)(5) for that award year, except that an
Iraq and Afghanistan Service Grant--
``(i) shall not exceed the cost of
attendance of the eligible veteran's dependent
for that award year; and
``(ii) shall be adjusted to reflect the
attendance by the eligible veteran's dependent
on a less than full-time basis in the same
manner as such adjustments are made for a
Federal Pell Grant under subsection (a).
``(5) Estimated financial assistance.--For purposes of
determinations of need under part F, an Iraq and Afghanistan
Service Grant shall not be treated as estimated financial
assistance as described in sections 471(3) and 480(j).''; and
(2) by striking subpart 10 of part A (20 U.S.C. 1070h).
(b) Effective Date; Transition.--
(1) Effective date.--The amendments made by this section
shall take effect with respect to the award year immediately
following the date of enactment of this Act.
(2) Transition.--The Secretary shall take such steps as are
necessary to transition from the Iraq and Afghanistan Service
Grants program under subpart 10 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070h), as in effect on
the day before the effective date of this section, and the Iraq
and Afghanistan Service Grants program under section 401(j) of
the Higher Education Act of 1965 (20 U.S.C. 1070a(j)), as
amended by this section.
SEC. 51810. INCREASING SUPPORT FOR WORKING STUDENTS BY 35 PERCENT.
(a) Dependent Students.--Section 475(g)(2)(D) (20 U.S.C.
1087oo(g)(2)(D)) is amended to read as follows:
``(D) an income protection allowance (or a
successor amount prescribed by the Secretary under
section 478) of $9,010 for academic year 2021-2022;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A)(iv) (20 U.S.C. 1087pp(b)(1)(A)(iv)) is amended to
read as follows:
``(iv) an income protection allowance (or a
successor amount prescribed by the Secretary
under section 478)--
``(I) for single or separated
students, or married students where
both are enrolled pursuant to
subsection (a)(2), of $14,010 for
academic year 2021-2022; and
``(II) for married students where
one is enrolled pursuant to subsection
(a)(2), of $22,460 for academic year
2021-2022;''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b)(4) (20 U.S.C. 1087qq(b)(4)) is amended to read as
follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478), for
academic year 2021-2022:
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including 1 2 3 4 5 additional
student) subtract:
----------------------------------------------------------------------------------------------------------------
2 $35,470 $29,410 $6,030
3 44,170 38,130 $32,070
4 54,540 45,490 42,450 $36,370
5 64,360 58,280 52,240 46,190 $40,160
6 75,260 69,210 63,190 57,090 51,070
For each
additional
add: 8,500 ''.
----------------------------------------------------------------------------------------------------------------
(d) Updated Tables and Amounts.--Section 478(b) (20 U.S.C.
1087rr(b)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--For each academic year after
academic year 2021-2022, the Secretary shall publish in
the Federal Register a revised table of income
protection allowances for the purpose of sections
475(c)(4) and 477(b)(4), subject to subparagraphs (B)
and (C).
``(B) Table for independent students.--For each
academic year after academic year 2021-2022, the
Secretary shall develop the revised table of income
protection allowances by increasing each of the dollar
amounts contained in the table of income protection
allowances under section 477(b)(4) by a percentage
equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary
for the most recent calendar year ending prior to the
beginning of the academic year for which the
determination is being made), and rounding the result
to the nearest $10.''; and
(2) in paragraph (2), by striking ``shall be developed''
and all that follows through the period at the end and
inserting ``shall be developed for each academic year after
academic year 2021-2022, by increasing each of the dollar
amounts contained in such section for academic year 2021-2022
by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary for
the most recent calendar year ending prior to the beginning of
the academic year for which the determination is being made),
and rounding the result to the nearest $10.''.
SEC. 51811. INCREASING THE FEDERAL PELL GRANT AUTO-ZERO THRESHOLD.
Section 479(c) (20 U.S.C. 1087ss(c)) is amended--
(1) in paragraph (1)(B), by striking ``$23,000'' and
inserting ``$34,000'';
(2) in paragraph (2)(B), by striking ``$23,000'' and
inserting ``$34,000''; and
(3) in the matter following paragraph (2)(B), by striking
``adjusted according to increases in the Consumer Price Index,
as defined in section 478(f)'' and inserting ``annually
increased by the estimated percentage change in the Consumer
Price Index, as defined in section 478(f), for the most recent
calendar year ending prior to the beginning of an award year,
and rounded to the nearest $1,000''.
SEC. 51812. RAISING THE TOTAL SEMESTERS OF FEDERAL PELL GRANT
ELIGIBILITY.
Section 401(c)(5)(A) (20 U.S.C. 1070a(c)(5)(A)), as amended by
section 51805, is further amended by striking ``12'' each place the
term appears and inserting ``14''.
SEC. 51813. CONFORMING AMENDMENTS.
The Act (20 U.S.C. 1001 et seq.) is amended--
(1) in section 401A(d)(1)(B)(i) (20 U.S.C. 1070a-
1(d)(1)(B)(i)), by striking ``section 401(b)(2)(B)'' and
inserting ``section 401(b)(2)'';
(2) in section 402D(d)(1) (20 U.S.C. 1070a-14(d)(1)), by
striking ``section 401(b)(2)(A)'' and inserting ``section
401(b)(1)'';
(3) in section 420R(d)(2) (20 U.S.C. 1070h(d)(2)), by
striking ``subsection (b)(1), the matter following subsection
(b)(2)(A)(v),'';
(4) in section 435(a)(5)(A)(i)(I) (20 U.S.C.
1085(a)(5)(A)(i)(I)), by striking ``under section
401(b)(2)(A)'' and inserting ``, as appropriate, under section
401(b)(2)(A) (as in effect on the day before the effective date
of the Pell Grant Preservation and Expansion Act) or section
401(b)(1)'';
(5) in section 483(e)(3)(A)(ii) (20 U.S.C.
1090(e)(3)(A)(ii)), by striking ``section 401(b)(2)(A)'' and
inserting ``section 401(b)(1)'';
(6) in section 485E(b)(1)(A) (20 U.S.C. 1092f(b)(1)(A)), by
striking ``section 401(b)(2)(A)'' and inserting ``section
401(b)(1)''; and
(7) in section 894(f)(2)(C)(ii)(I) (20 U.S.C.
1161y(f)(2)(C)(ii)(I)), by striking ``section 401(b)(2)(A)''
and inserting ``section 401(b)(1)''.
SEC. 51814. EFFECTIVE DATE.
Except as otherwise provided, this subtitle, and the amendments
made by this subtitle, shall take effect beginning on July 1, 2021, and
shall apply to grant and award determinations made under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) beginning
with the 2021-2022 award year.
Subtitle R--Student Loan Debt Relief
SEC. 51901. SHORT TITLE.
This subtitle may be cited as the ``Student Loan Debt Relief Act of
2020''.
SEC. 51902. TABLE OF CONTENTS.
The table of contents for this subtitle is as follows:
Sec. 51901. Short title.
Sec. 51902. Table of contents.
Part 1--Loan Discharge and Forbearance
Sec. 51911. Loan discharge.
Sec. 51912. Automatic administrative forbearance; halting of wage
garnishment.
Sec. 51913. Staying and prohibition on commencement of actions for
collection.
Sec. 51914. Ineligibility for Treasury Offset.
Part 2--Refinancing Programs
Sec. 51921. Refinancing programs.
Part 3--Dischargeability of Student Loans in Bankruptcy
Sec. 51931. Dischargeability of student loans in bankruptcy.
Part 4--General Provisions
Sec. 51941. Report on progress of implementation.
Sec. 51942. Notification to borrowers.
Sec. 51943. Inapplicability of title IV negotiated rulemaking and
master calendar exception.
Sec. 51944. Definitions.
PART 1--LOAN DISCHARGE AND FORBEARANCE
SEC. 51911. LOAN DISCHARGE.
(a) In General.--Subject to subsection (f), not later than the date
that is 12 months after the date of enactment of this Act, the
Secretary of Education shall discharge the qualified loan amount of
each individual, without regard to the repayment status of the loan or
whether the loan is in default.
(b) Qualified Loan Amount.--
(1) In general.--The qualified loan amount of an individual
is an amount equal to the lesser of--
(A) $50,000; and
(B) the aggregate loan obligation on the eligible
Federal loans of the taxpayer that is outstanding on
the date of enactment of this Act or, in the case of
such loans issued under section 460B of the Higher
Education Act of 1965, as added by part 2 of this
subtitle, on the date on which such loans are issued
under such section 460B.
(2) Limitation based on adjusted gross income.--The amount
discharged under subsection (a) with respect to an individual
shall be reduced (but not below zero) by $1 for each $3 (or
fraction thereof) by which the taxpayer's adjusted gross income
exceeds $100,000 (twice such amount in the case of a joint
return) for the most recent taxable year ending before the date
of the enactment of this Act.
(c) Method of Loan Discharge.--
(1) In general.--To provide the loan discharge required
under subsection (a), the Secretary is authorized to carry out
a program--
(A) through the holder of the loan, to assume the
obligation to repay the qualified loan amount for a
loan made, insured, or guaranteed under part B of title
IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.);
(B) to cancel the qualified loan amount for a loan
made under part D of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1087a et seq.), or assigned,
referred, or transferred to, or purchased by, the
Secretary under such title IV (20 U.S.C. 1070 et seq.),
including a Federal Direct Stafford Loan issued under
section 460B of the Higher Education Act of 1965, as
added by part 2 of this subtitle; and
(C) through the institution of higher education
that made the loan from its student loan fund
established under part E of such title (20 U.S.C.
1087aa et seq.), to assume the obligation to repay the
qualified loan amount for such loan.
(2) Order of loan discharge.--With respect to an individual
with at least 2 eligible Federal loans, the Secretary shall
discharge the loans of the individual as follows (except as
otherwise indicated by the individual):
(A) In the case in which the individual has loans
with different rates of interest, the loans should be
discharged in descending order by rate of interest.
(B) In the case in which the individual has loans
with the same rates of interest, the loans should be
discharged in descending order by amount of outstanding
principal.
(d) Exclusion From Taxable Income.--For purposes of the Internal
Revenue Code of 1986, in the case of an individual, gross income does
not include any amount which (but for this subsection) would be
includible in gross income by reason of the discharge (in whole or in
part) of any loan if such discharge was pursuant to this part.
(e) Taxpayer Information.--
(1) In general.--The Secretary of the Treasury may, upon
written request from the Secretary of Education, disclose to
officers and employees of the Department of Education return
information with respect to a taxpayer who has received
eligible Federal loans that are outstanding on the date
described in subsection (b)(1)(B). Such return information
shall be limited to--
(A) taxpayer identity information with respect to
such taxpayer;
(B) the filing status of such taxpayer; and
(C) the adjusted gross income of such taxpayer.
(2) Restriction on use of disclosed information.--Return
information disclosed under paragraph (1) may be used by
officers and employees of the Department of Education only for
the purposes of, and to the extent necessary in, establishing
the appropriate qualified loan amount of a taxpayer.
(f) Long-Term Settle and Compromise Discharge Authority.--Not later
than the date that is 24 months after the date of enactment of this
Act, the Secretary of Education may use the authority under sections
432(a)(6) and 468(2) of the Higher Education Act of 1965 (20 U.S.C.
1082(a)(6); 1087hh(2)) to discharge loans under this section beyond the
period described in subsection (a) for--
(1) an individual who, through an appeals process
established by the Secretary, successfully appeals a loan
discharge determination by the Secretary under this section;
(2) an individual who, due to special circumstances, misses
a deadline established by the Secretary in the administration
of loan discharges under this section; or
(3) an individual (or a group of individuals) who the
Secretary determines should have received a loan discharge or a
discharge amount that is different from the amount of loan
discharge received under this section, except that a loan
discharge amount received under this subsection may not exceed
the qualified loan amount determined for the individual (or the
group of individuals) under subsection (b).
(g) Private Student Loan Discharge.--Not later than the date that
is 3 months after the date of enactment of this Act, the Secretary of
Education, in coordination with the Secretary of the Treasury and the
Director of the Bureau of Consumer Financial Protection, shall
undertake a campaign to alert borrowers of private education loans--
(1) that such borrowers may be eligible to refinance such
private loans as Federal Direct Stafford Loans under section
460B of the Higher Education Act of 1965, as added by part 2 of
this subtitle; and
(2) such Federal Direct Stafford Loans may be eligible for
loan discharge under this section.
(h) Credit Reporting.--In the case of a borrower of an eligible
Federal loan that was in default prior to being discharged under this
section and on which, as a result of such loan discharge, there is no
outstanding balance of principal or interest, the Secretary, guaranty
agency or other holder of the loan shall request any consumer reporting
agency to which the Secretary, guaranty agency or holder, as
applicable, reported the default of the loan, to remove the record of
the default from the borrower's credit history.
(i) Members of Congress.--In this section, the terms ``individual''
and ``taxpayer'' do not include a Member of Congress.
SEC. 51912. AUTOMATIC ADMINISTRATIVE FORBEARANCE; HALTING OF WAGE
GARNISHMENT.
During the period beginning on the date of enactment of this Act
and ending on the date that is 12 months after such date of enactment,
the Secretary of Education--
(1) shall place each borrower of an eligible Federal loan
with an outstanding balance, without any further action
required by the borrower (except that the borrower may opt-out
of this section), on an administrative forbearance during which
periodic installments of principal need not be paid, and
interest shall not accrue, on such loan; and
(2) may not issue an order for wage garnishment or
withholding under section 488A of the Higher Education Act of
1965 (20 U.S.C. 1095a) or section 3720D of title 31, United
States Code, initiate proceedings to collect debt through
deductions from pay under such section 488A or 3720D, or
enforce or otherwise require compliance with a wage garnishment
or withholding order issued under such section 488A or 3720D
before the date of enactment of this Act (which shall include
staying any related proceedings).
SEC. 51913. STAYING AND PROHIBITION ON COMMENCEMENT OF ACTIONS FOR
COLLECTION.
Until 12 months after the date of enactment of this Act, no
eligible Federal loan may be referred to the Attorney General for any
action seeking collection of any amount owed on that loan and any
action pending as of the date of enactment of this Act shall be stayed.
SEC. 51914. INELIGIBILITY FOR TREASURY OFFSET.
Until 12 months after the date of enactment of this Act, no claim
pertaining to an eligible Federal loan may be certified under section
3716(c)(1) of title 31, United States Code.
PART 2--REFINANCING PROGRAMS
SEC. 51921. REFINANCING PROGRAMS.
(a) Program Authority.--Section 451(a) of the Higher Education Act
of 1965 (20 U.S.C. 1087a(a)) is amended--
(1) by striking ``and (2)'' and inserting ``(2)''; and
(2) by inserting ``; and (3) to make loans under section
460A and section 460B'' after ``section 459A''.
(b) Refinancing Program.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at
the end the following:
``SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT LOANS.
``(a) In General.--Beginning not later than 12 months after the
date of enactment of the Student Loan Debt Relief Act of 2020, the
Secretary shall establish a program under which the Secretary
automatically refinances loans made under this part in accordance with
the provisions of this section, in order to lower the rate of interest
on such loans.
``(b) Refinancing Direct Loans.--
``(1) Federal direct loans.--With respect to each Federal
Direct Stafford Loan, Federal Direct Unsubsidized Stafford
Loan, Federal Direct PLUS Loan, and Federal Direct
Consolidation Loan, for which the first disbursement was made
to a borrower, or the application for the consolidation loan
was received from a borrower, on or before the date of
enactment of the Student Loan Debt Relief Act of 2020, the
Secretary shall, without any further action by the borrower
(other than under subparagraph (C))--
``(A) discharge the liability on such Federal
Direct Stafford Loan, Federal Direct Unsubsidized
Stafford Loan, Federal Direct PLUS Loan, or Federal
Direct Consolidation Loan;
``(B) issue to the borrower a new Federal Direct
Stafford Loan, Federal Direct Unsubsidized Stafford
Loan, Federal Direct PLUS Loan, or Federal Direct
Consolidation Loan, respectively--
``(i) in an amount equal to the sum of the
unpaid principal, accrued unpaid interest, and
late charges of the loan for which the
liability is being discharged under
subparagraph (A); and
``(ii) which has the same terms and
conditions as the original loan, except that
the rate of interest shall be determined under
subsection (c); and
``(C) provide the borrower an opportunity to opt-
out of the refinancing under this paragraph.
``(2) Refinancing ffel program loans as refinanced federal
direct loans.--
``(A) In general.--With respect to each loan that
was made, insured, or guaranteed under part B and for
which the first disbursement was made to a borrower, or
the application for the consolidation loan was received
from a borrower, before July 1, 2010, the Secretary
shall, without any further action by the borrower
(other than to provide the borrower an opportunity to
opt-out of the refinancing under this paragraph), issue
to the borrower a loan made under this part--
``(i) in an amount equal to the sum of the
unpaid principal, accrued unpaid interest, and
late charges of the loan selected to be so
refinanced;
``(ii) the proceeds of which shall be paid
to the holder of the loan selected to be so
refinanced to discharge the liability on such
loan; and
``(iii) which has a rate of interest
determined under subsection (c).
``(B) Designation of loans.--A loan issued under
this section the proceeds of which is discharging the
liability on a loan made, insured, or guaranteed--
``(i) under section 428 shall be a Federal
Direct Stafford Loan;
``(ii) under section 428B shall be a
Federal Direct PLUS Loan;
``(iii) under section 428H shall be a
Federal Direct Unsubsidized Stafford Loan; and
``(iv) under section 428C shall be a
Federal Direct Consolidation Loan.
``(c) Interest Rates.--
``(1) In general.--The interest rate for Federal Direct
Stafford Loans, Federal Direct Unsubsidized Stafford Loans,
Federal Direct PLUS Loans, and Federal Direct Consolidation
Loans issued under this section, shall be a rate equal to--
``(A) in a case in which the original loan is a
loan under section 428 or 428H, a Federal Direct
Stafford loan, or a Federal Direct Unsubsidized
Stafford Loan, that was issued to an undergraduate
student, the rate for Federal Direct Stafford Loans and
Federal Direct Unsubsidized Stafford Loans issued to
undergraduate students for the 12-month period
beginning on July 1, 2021, and ending on June 30, 2022;
``(B) in a case in which the original loan is a
loan under section 428 or 428H, a Federal Direct
Stafford Loan, or a Federal Direct Unsubsidized
Stafford Loan, that was issued to a graduate or
professional student, the rate for Federal Direct
Unsubsidized Stafford Loans issued to graduate or
professional students for the 12-month period beginning
on July 1, 2021, and ending on June 30, 2022;
``(C) in an case in which the original loan is a
loan under section 428B or a Federal Direct PLUS Loan,
the rate for Federal Direct PLUS Loans for the 12-month
period beginning on July 1, 2021, and ending on June
30, 2022; and
``(D) in a case in which the original loan is a
loan under section 428C or a Federal Direct
Consolidation Loan, a rate calculated in accordance
with paragraph (2).
``(2) Interest rates for consolidation loans.--
``(A) Method of calculation.--To determine the
interest rate for a Federal Direct Federal
Consolidation Loan issued under this section, the
Secretary shall--
``(i) determine each original loan for
which the liability was discharged by the
proceeds of a loan under section 428C or a
Federal Direct Consolidation Loan, and
calculate the proportion of the unpaid
principal balance of the loan under section
428C or the Federal Direct Consolidation Loan
that is applicable to each such original loan;
``(ii) use the proportions determined in
accordance with clause (i) and the interest
rate applicable for each original loan, as
determined under subparagraph (B), to calculate
the weighted average of the interest rates on
the loans consolidated into the loan under
section 428C or the Federal Direct
Consolidation Loan; and
``(iii) apply the weighted average
calculated under clause (ii) as the interest
rate for the Federal Direct Consolidation Loan
made under this section and for which the
interest rate is being determined under this
paragraph.
``(B) Interest rates for component loans.--The
interest rate for each original loan for which the
liability is discharged by the proceeds of loan made
under section 428C or a Federal Direct Consolidation
Loan shall be the following:
``(i) The interest rate for any such
original loan made, insured or guaranteed under
section 428 or 428H, or that is a Federal
Direct Stafford Loan or Federal Direct
Unsubsidized Stafford Loan, issued to an
undergraduate student shall be a rate equal to
the lesser of--
``(I) the rate for Federal Direct
Stafford Loans and Federal Direct
Unsubsidized Stafford Loans issued to
undergraduate students for the 12-month
period beginning on July 1, 2021, and
ending on June 30, 2022; or
``(II) the interest rate on such
original loan.
``(ii) The interest rate for any such
original loan made, insured or guaranteed under
section 428 or 428H, or that is a Federal
Direct Stafford Loan, or Federal Direct
Unsubsidized Stafford Loan, issued to a
graduate or professional student shall be a
rate equal to the lesser of--
``(I) the rate for Federal Direct
Unsubsidized Stafford Loans issued to
graduate or professional students for
the 12-month period beginning on July
1, 2021, and ending on June 30, 2022;
or
``(II) the interest rate on the
original loan.
``(iii) The interest rate for any such
original loan made, insured or guaranteed under
section 428B or that is a Federal Direct PLUS
Loan shall be a rate equal to the lesser of--
``(I) the rate for Federal Direct
PLUS Loans for the 12-month period
beginning on July 1, 2021, and ending
on June 30, 2022; or
``(II) the interest rate on the
original loan.
``(iv) The interest rate for any such
original loan that is a loan under section 428C
or a Federal Direct Consolidation Loan shall be
the weighted average of the interest rates
determined under this subparagraph for each
loan for which the liability is discharged by
the proceeds of such consolidation loan.
``(v) The interest rate for any original
loan for which the liability was discharged
with the proceeds of a loan made under section
428C or a Federal Direct Consolidation Loan and
is not described in clauses (i) through (iv)
shall be the interest rate on such original
loan.
``(3) Fixed rate.--The applicable rate of interest
determined under paragraph (1) for a loan issued under this
section shall be fixed for the period of the loan.
``(d) Repayment Periods.--A loan issued under this section shall
not result in the extension of the duration of the repayment period of
the original loan, and the borrower shall retain the same repayment
term that was in effect on the original loan. Nothing in this paragraph
shall be construed to prevent a borrower from electing a different
repayment plan at any time in accordance with section 455(d)(3).
``(e) Original Loan Defined.--In this section, the term `original
loan' means a loan for which the liability is discharged with the
proceeds of a loan issued under this section.
``SEC. 460B. REFINANCING OF PRIVATE EDUCATION LOANS.
``(a) Program Authorized.--
``(1) In general.--During the period beginning on the date
that is 6 months after the date of enactment of the Student
Loan Debt Relief Act of 2020, and ending on the date that is 9
months after such date of enactment, the Secretary, in
consultation with the Secretary of the Treasury, shall carry
out a program under which the Secretary, upon receiving an
application from a borrower who has a loan obligation on an
eligible private education loan, shall issue such borrower a
loan under this section in accordance with the following:
``(A) The loan issued under this section shall be
in an amount equal to the sum of the unpaid principal,
accrued unpaid interest, and late charges of the
private education loan.
``(B) The Secretary shall pay the proceeds of the
loan issued under this section to the private
educational lender (or subsequent holder) of the
private education loan, in order to discharge the
borrower and any cosigners from any remaining
obligation to the lender with respect to the private
education loan.
``(C) The Secretary shall require that the borrower
undergo loan counseling that provides all of the
information and counseling required under clauses (i)
through (viii) of section 485(b)(1)(A) before the
carrying out subparagraphs (A) and (B) with respect to
such borrower.
``(D) The Secretary shall issue the loan as a
Federal Direct Stafford Loan with a rate of interest
determined under subsection (b).
``(b) Interest Rate.--
``(1) In general.--The interest rate for a Federal Direct
Stafford Loan issued under this section shall be--
``(A) in the case of a Federal Direct Stafford Loan
discharging the liability on a private education loan
issued for undergraduate postsecondary educational
expenses, a rate equal to the rate for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford
Loans issued to undergraduate students for the 12-month
period beginning on July 1, 2021, and ending on June
30, 2022; and
``(B) in the case of a Federal Direct Stafford Loan
discharging the liability on a private education loan
issued for graduate or professional degree
postsecondary educational expenses, a rate equal to the
rate for Federal Direct Unsubsidized Stafford Loans
issued to graduate or professional students for the 12-
month period beginning on July 1, 2021, and ending on
June 30, 2022.
``(2) Combined undergraduate and graduate study loans.--In
the case of a Federal Direct Stafford Loan discharging the
liability on a private education loan issued for both
undergraduate and graduate or professional postsecondary
educational expenses, the interest rate shall be a rate equal
to the rate for Federal Direct PLUS Loans for the 12-month
period beginning on July 1, 2021, and ending on June 30, 2022.
``(3) Fixed rate.--The applicable rate of interest
determined under this subsection for a Federal Direct Stafford
Loan issued under this section shall be fixed for the period of
the loan.
``(c) No Inclusion in Aggregate Limits.--The amount of a Federal
Direct Stafford Loan issued under this section, or a Federal Direct
Consolidated Loan to the extent such loan is used to repay such a
Federal Direct Stafford Loan, shall not be included in calculating a
borrower's annual or aggregate loan limits under section 428 or 428H.
``(d) Private Educational Lender Reporting Requirement.--
``(1) Reporting required.--Not later than 6 months after
the date of enactment of the Student Loan Debt Relief Act of
2020, the Secretary, in consultation with the Secretary of the
Treasury and the Director of the Bureau of Consumer Financial
Protection, shall establish a requirement that private
educational lenders report the data described in paragraph (2)
to the Secretary, to Congress, to the Secretary of the
Treasury, and to the Director of the Bureau of Consumer
Financial Protection, in order to allow for an assessment of
the private education loan market.
``(2) Contents of reporting.--The data that private
educational lenders shall report in accordance with paragraph
(1) shall include each of the following about private education
loans (as defined in section 140(a) of the Truth in Lending Act
(15 U.S.C. 1650(a))):
``(A) The total amount of private education loan
debt the lender holds.
``(B) The total number of private education loan
borrowers the lender serves.
``(C) The average interest rate on the outstanding
private education loan debt held by the lender.
``(D) The proportion of private education loan
borrowers who are in default on a loan held by the
lender.
``(E) The proportion of the outstanding private
education loan volume held by the lender that is in
default.
``(F) The proportions of outstanding private
education loan borrowers who are 30, 60, and 90 days
delinquent.
``(G) The proportions of outstanding private
education loan volume that is 30, 60, and 90 days
delinquent.
``(e) Sunset.--The authority to issue loans under this section
shall expire on the date that is 8 months after the date of enactment
of the Student Loan Debt Relief Act of 2020.
``(f) Definitions.--In this section:
``(1) Private educational lender.--The term `private
educational lender' has the meaning given the term in section
140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
``(2) Eligible private education loan.--The term `eligible
private education loan' means a private education loan, as
defined in section 140(a) of the Truth in Lending Act (15
U.S.C. 1650(a)), that--
``(A) was disbursed to the borrower on or before
the date of enactment of the Student Loan Debt Relief
Act of 2020; and
``(B) was for the borrower's own postsecondary
educational expenses for an eligible program at an
institution of higher education participating in the
loan program under this part, as of the date that the
loan was disbursed.''.
(c) Income-Contingent Repayment.--Section 455(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by
inserting before the semicolon at the end the following: ``, and in
calculating the period of time during which a borrower of a loan issued
under section 460A has made monthly payments on such loan for purposes
of the plan described in this subparagraph, the Secretary shall treat
each monthly payment that otherwise meets the requirements of such plan
and that was made on a loan for which the liability is discharged by
the proceeds of such loan issued under section 460A, as a monthly
payment made on such loan issued under section 460A''.
(d) Public Service Loan Forgiveness.--Section 455(m) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(m)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Treatment of loans issued under section 460a.--
Notwithstanding paragraph (1), in determining the number of
monthly payments made under paragraph (1) on an eligible
Federal Direct Loan issued under section 460A the proceeds of
which discharges the liability on a loan made under this part,
the Secretary shall treat each monthly payment made under
paragraph (1) on the loan before the liability on such loan was
so discharged as a monthly payment made on such eligible
Federal Direct Loan.'';
(e) Income-Based Repayment.--Section 493C of the Higher Education
Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the
following:
``(f) Treatment of Refinanced Loans.--In calculating the period of
time during which a borrower of a loan issued under section 460A has
made monthly payments on such loan for purposes of subsection (b)(7),
the Secretary shall treat each monthly payment that otherwise meets the
requirements of this section and that was made on a loan for which the
liability is discharged by the proceeds of such loan issued under
section 460A, as a monthly payment made on such loan issued under
section 460A.''.
PART 3--DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY
SEC. 51931. DISCHARGEABILITY OF STUDENT LOANS IN BANKRUPTCY.
(1) Exception to discharge.--Section 523(a) of title 11 of
the United States Code is amended by striking paragraph (8).
(2) Conforming amendment.--Section 1328(a)(2) of title 11
of the United States Code is amended by striking ``(8),''.
PART 4--GENERAL PROVISIONS
SEC. 51941. REPORT ON PROGRESS OF IMPLEMENTATION.
Not later than the date that is 6 months after the date of
enactment of this Act, the Secretary of Education and the Secretary of
the Treasury shall, jointly, submit to Congress a report on the
progress of the implementation of the provisions of parts 1 and 2.
SEC. 51942. NOTIFICATION TO BORROWERS.
(a) In General.--Not later than the date that is 3 months after the
date of enactment of this Act--
(1) the Secretary of Education--
(A) shall take such steps as may be necessary to
notify borrowers of an eligible Federal loan of the
loan discharge available under part 1, including the
applicable deadlines;
(B) in coordination with the Secretary of the
Treasury and the Director of the Bureau of Consumer
Financial Protection, shall undertake a campaign to
notify borrowers of loans made, insured, or guaranteed
under part B or D of title IV of the Higher Education
Act of 1965 that such borrowers may be eligible to
refinance such loans at a lower rate of interest under
section 460A of the Higher Education Act of 1965, as
added by part 2 of this subtitle, which campaign shall
include--
(i) developing consumer information
materials about the availability of such
refinancing; and
(ii) requiring servicers of such loans to
provide such consumer information to borrowers
in a manner determined appropriate by the
Secretary, in consultation with the Director of
the Bureau of Consumer Financial Protection;
and
(C) in coordination with the Secretary of the
Treasury and the Director of the Bureau of Consumer
Financial Protection, shall undertake a campaign to
alert borrowers of private education loans--
(i) that such borrowers may be eligible to
refinance such private loans as Federal Direct
Stafford Loans under section 460B of the Higher
Education Act of 1965, as added by part 2 of
this subtitle; and
(ii) such Federal Direct Stafford Loans may
be eligible for loan discharge under part 1 of
this subtitle; and
(2) the Secretary of Health and Human Services, in
consultation with the Secretary of Education, shall take such
steps as may be necessary to inform borrowers of a loan made,
insured, or guaranteed by the Department of Health and Human
Services that is eligible for consolidation under section
455(g) of the Higher Education Act of 1965 (20 U.S.C.
1087e(g)), that the--
(A) borrower may be eligible for a Federal Direct
Consolidation Loan under such section 455(g); and
(B) such Federal Direct Consolidation Loan may be
eligible for loan discharge under part 1 of this
subtitle.
(b) Notification by Private Education Loan Holders.--Each holder of
a private education loan shall, not later than the date that is 3
months after the date of enactment of this Act, notify the borrower of
such private education loan that the borrower may be eligible to
refinance the private education loan as a Federal Direct Stafford Loan
under section 460B of the Higher Education Act of 1965, and such
Federal Direct Stafford Loan may be eligible for loan discharge under
part 1 of this subtitle.
SEC. 51943. INAPPLICABILITY OF TITLE IV NEGOTIATED RULEMAKING AND
MASTER CALENDAR EXCEPTION.
Sections 482(c) and 492 of the Higher Education Act of 1965 (20
U.S.C. 1089(c), 1098a) shall not apply to this subtitle or any
amendments made by this subtitle, or to any regulations promulgated
under this subtitle or under such amendments.
SEC. 51944. DEFINITIONS.
In this subtitle:
(1) Eligible federal loan.--The term ``eligible Federal
loan'' means--
(A) a loan made, insured, or guaranteed under title
IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.) (other than a loan described in subparagraph
(B)) on or before the date of enactment of this Act; or
(B) a Federal Direct Stafford Loan issued under
section 460B of the Higher Education Act of 1965, as
added by part 2 of this subtitle, on a date that is not
later than 9 months after the date of enactment of this
Act.
(2) Private education loan.--The term ``private education
loan'' has the meaning given such term in section 140(a) of the
Truth in Lending Act (15 U.S.C. 1650(a)).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) Taxpayer.--The term ``taxpayer'' has the meaning given
such term in section 7701 of the Internal Revenue Code of 1986.
Subtitle S--Public Funds for Public Schools
SEC. 52001. SHORT TITLE.
This subtitle may be cited as the ``Public Funds for Public Schools
Act''.
SEC. 52002. ELIMINATION OF SCHOOL VOUCHER STATE TAX CREDIT LOOPHOLE BY
LIMITING THE DOUBLE BENEFIT OF CHARITABLE CONTRIBUTIONS.
(a) In General.--Section 170(f) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(19) Limitation on double benefit in the case of state
school voucher tax benefits.--
``(A) In general.--The amount of any charitable
contribution otherwise taken into account under this
section shall be reduced by any State school voucher
tax benefit with respect to such contribution.
``(B) State school voucher tax benefit.--For
purposes of this paragraph, the term `State school
voucher tax benefit' means the aggregate amount of any
State income tax credits, and excess State income tax
deductions, provided to the taxpayer by a State for any
contribution to a specified school voucher
organization.
``(C) Excess state income tax deductions.--For
purposes of this paragraph, the term `excess State
income tax deduction' means the product of--
``(i) the highest rate of State income tax
applicable to the taxpayer for the taxable
year, multiplied by
``(ii) the excess (if any) of--
``(I) the State income tax
deduction provided to the taxpayer with
respect to contributions by the
taxpayer to specified school voucher
organizations, over
``(II) the amount of such
contributions.
``(D) Specified school voucher organization.--For
purposes of this paragraph, the term `specified school
voucher organization' means any organization the
primary purpose of which is the provision of vouchers,
scholarships, or other funds, for the expenses of
students to attend elementary or secondary schools.
``(E) Treatment of similar state benefits.--For
purposes of this paragraph, any State benefit which is
economically equivalent to a tax credit (including any
payment) shall be treated as a State income tax credit
for purposes of this paragraph and any State benefit
which is economically equivalent to a State income tax
deduction (including any exclusion from gross income)
shall be treated as a State income tax deduction for
purposes of this paragraph.
``(20) Special rule for contributions of built-in gain
property to specified school voucher organizations.--
``(A) In general.--In the case of any contribution
by the taxpayer of built-in gain property to a
specified school voucher organization, such
contribution shall be treated for purposes of this
title as though such property were sold by the taxpayer
at its fair market value immediately before such
contribution and the amount of such fair market value
were contributed by the taxpayer as a cash contribution
to the specified school voucher organization.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Built-in gain property.--The term
`built-in gain property' means any property if,
immediately before the contribution of such
property, the fair market value of such
property exceeds the adjusted basis of such
property.
``(ii) Specified school voucher
organization.--The term `specified school
voucher organization' has the meaning given
such term in paragraph (19).''.
(b) Effective Date.--The amendment made by this section shall apply
to charitable contributions made in taxable years beginning after the
date of the enactment of this Act.
Subtitle T--Ending PUSHOUT
SEC. 52101. SHORT TITLE.
This subtitle may be cited as the ``Ending Punitive, Unfair,
School-based Harm that is Overt and Unresponsive to Trauma Act of
2020'' or the ``Ending PUSHOUT Act of 2020''.
SEC. 52102. PURPOSE.
It is the purpose of this subtitle to--
(1) strengthen data collection related to exclusionary
discipline practices in schools and the discriminatory
application of such practices, which disproportionately impacts
students of color, particularly girls of color;
(2) eliminate the discriminatory use and overuse of
exclusionary discipline practices based on actual or perceived
race, ethnicity, color, national origin, sex (including sexual
orientation, gender identity, pregnancy, childbirth, a medical
condition related to pregnancy or childbirth, or other
stereotype related to sex), or disability; and
(3) prevent the criminalization and pushout of students
from school, especially Black and brown girls, as a result of
educational barriers that include discrimination, punitive
discipline policies and practices, and a failure to recognize
and support students with mental health needs or experiencing
trauma.
SEC. 52103. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO
EXCLUSIONARY DISCIPLINE IN SCHOOLS.
(a) In General.--The Assistant Secretary for Civil Rights shall
annually carry out data collection authorized under section 203(c)(1)
of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)),
which shall include data with respect to students enrolled in a public
preschool, elementary, or secondary school (including traditional
public, charter, virtual, special education school, and alternative
schools) who received the following disciplinary actions during the
preceding school year:
(1) Suspension (including the classification of the
suspension as in-school suspension or out-of-school
suspension), which shall include data with respect to--
(A) the number of students who were suspended;
(B) the number and length of suspensions each such
student received;
(C) the reason for each such suspension,
including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance or
grooming policy;
(iii) an act of insubordination;
(iv) willful defiance; and
(v) a violation of a school code of
conduct; and
(D) the number of days of lost instruction due to
each out-of-school suspension.
(2) Expulsion, which shall include data with respect to--
(A) the number of students who were expelled; and
(B) the reason for each such expulsion, including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance or
grooming policy;
(iii) an act of insubordination, willful
defiance, or violation of a school code of
conduct; and
(iv) the use of profane or vulgar language.
(3) The number of students subject to an out-of-school
transfer to a different school, including a virtual school, and
if so, the primary reason for each such transfer.
(4) The number of students subject to a referral to law
enforcement, including the primary reason for each such
referral, and whether such referral resulted in an arrest.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary, acting through the Assistant Secretary for Civil
Rights, shall submit to Congress a report on the data collected
under subsection (a).
(2) Requirements.--The report required under paragraph (1)
shall--
(A) identify, with respect to the data collected
under subsection (a), schools, local educational
agencies, and States that demonstrate, in the opinion
of the Secretary, the overuse and discriminatory use of
exclusionary disciplinary practices;
(B) be disaggregated and cross tabulated by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794));
(vii) English learner status;
(viii) Tribal citizenship or descent, in
the first or second degree, of an Indian Tribe;
and
(ix) if applicable, pregnant and parenting
student status;
(C) be publicly accessible in multiple languages,
accessibility formats, and provided in a language that
parents, family, and community members can understand;
and
(D) be presented in a manner that protects the
privacy of individuals consistent with the requirements
of section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the ``Family
Educational Rights and Privacy Act of 1974''.
SEC. 52104. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.
(a) In General.--The Secretary shall award grants (which shall be
known as the ``Healing School Climate Grants''), on a competitive
basis, to eligible entities for the purpose of reducing the overuse and
discriminatory use of exclusionary discipline practices in schools.
(b) Application.--An eligible entity seeking 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, including an assurance that the eligible entity shall
prioritize schools with the highest rates of suspensions and
expulsions.
(c) Program Requirement.--An eligible entity that receives a grant
under subsection (a) shall prohibit the use of--
(1) out-of-school suspension or expulsion for any student
in preschool through grade 5 for incidents that do not involve
serious bodily injury;
(2) out-of-school suspension or expulsion for any student
in preschool through grade 12 for insubordination, willful
defiance, vulgarity, truancy, tardiness, chronic absenteeism,
or as a result of a violation of a grooming or appearance
policy;
(3) corporal punishment;
(4) mechanical and chemical restraints of students;
(5) physical restraints of students, except in situations
involving imminent danger of serious physical harm; and
(6) seclusion.
(d) Use of Funds.--
(1) Required uses.--An eligible entity that receives a
grant under this section shall use funds to--
(A) evaluate the current discipline policies of a
school and, in partnership with students (including
girls of color), the family members of students, and
the local community of such school, develop discipline
policies for such school to ensure that such policies
are not exclusionary or discriminately applied toward
students;
(B) provide training and professional development
for teachers, principals, school leaders, and other
school personnel to avoid or address the overuse and
discriminatory disproportionate use of exclusionary
discipline practices in schools and to create awareness
of implicit and explicit bias and use culturally
affirming practices, including training in--
(i) identifying and providing support to
students who may have experienced or are at
risk of experiencing trauma or have other
mental health needs;
(ii) administering and responding to
assessments on adverse childhood experiences;
(iii) providing student-centered, trauma-
informed positive behavior management
intervention and support that creates safe and
supportive school climates;
(iv) using restorative practices;
(v) using culturally and linguistically
responsive intervention strategies;
(vi) developing social and emotional
learning competencies; and
(vii) increasing student engagement and
improving dialogue between students and
teachers;
(C) implement evidence-based alternatives to
suspension or expulsion, including--
(i) multi-tier systems of support, such as
schoolwide positive behavioral interventions
and supports;
(ii) social, emotional, and academic
learning strategies designed to engage students
and avoid escalating conflicts; and
(iii) other data-driven approaches to
improving school environments;
(D) improve behavioral and academic outcomes for
students by creating a safe and supportive learning
environment and school climate, which may include--
(i) restorative practices with respect to
improving relationships among students, school
officials, and members of the local community,
which may include partnering with local mental
health agencies or nonprofit organizations;
(ii) access to mentors and peer-based
support programs;
(iii) extracurricular programs, including
sports and art programs;
(iv) social and emotional learning
strategies designed to engage students and
avoid escalating conflicts;
(v) access to counseling, mental health
programs, and trauma-informed care programs,
including suicide prevention programs; and
(vi) access to culturally responsive
curricula that affirms the history and
contributions of traditionally marginalized
people and communities;
(E) hire social workers, school counselors, trauma-
informed care personnel, and other mental health
personnel; and
(F) support the development, delivery, and analysis
of school climate surveys.
(2) Prohibited uses.--An eligible entity that receives a
grant under this section may not use funds to--
(A) hire or retain law enforcement personnel,
including school resource officers;
(B) purchase, maintain, or install surveillance
equipment, including metal detectors or software
programs that monitor or mine the social media use or
technology use of students;
(C) arm teachers, principals, school leaders, or
other school personnel; and
(D) enter into formal or informal partnerships or
data and information sharing agreements with--
(i) the Secretary of Homeland Security,
including agreements with U.S. Immigration and
Customs Enforcement or U.S. Customs and Border
Protection; or
(ii) local law enforcement agencies,
including partnerships that allow for hiring of
school-based police and school resource
officers.
(e) Technical Assistance.--The Secretary, in carrying out
subsection (a), may reserve not more than 2 percent of funds to provide
technical assistance to eligible entities, which may include--
(1) support for data collection, compliance, and analysis
of the activities of the program authorized under subsection
(a); and
(2) informational meetings and seminars with respect to the
application process under subsection (b).
(f) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) 1 or more local educational agencies (who may be
partnered with a State educational agency), including a public
charter school that is a local educational agency under State
law or local educational agency operated by the Bureau of
Indian Education; or
(2) a nonprofit organization (defined as an organization
described in section 501(c)(3) of the Internal Revenue Code,
which is exempt from taxation under section 501(a) of such
Code) with a track record of success in improving school
climates and supporting students.
SEC. 52105. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.
(a) Establishment.--The Secretary and the Secretary of Health and
Human Services shall establish and operate a joint task force to end
school pushout (in this section referred to as the ``Joint Task
Force'').
(b) Composition.--
(1) Chairs.--The Secretary and the Secretary of Health and
Human Services shall chair the Joint Task Force.
(2) Members.--The Joint Task Force shall be composed of--
(A) Native American girls;
(B) students, including Black and brown girls;
(C) teachers;
(D) parents with children in school;
(E) school officials;
(F) representatives from civil rights and
disability organizations;
(G) psychologists, social workers, trauma-informed
personnel, and other mental health professionals; and
(H) researchers with experience in behavioral
intervention.
(3) Advisory members.--In addition to the members under
paragraph (2), the Assistant Attorney General of the Civil
Rights Division of the Department of Justice and the Director
of the Bureau of Indian Education shall be advisory members of
the Joint Task Force.
(4) Member appointment.--Not later than 60 days after the
date of the enactment of this Act, the Secretary and the
Secretary of Health and Human Services shall appoint the
members of the Joint Task Force--
(A) in accordance with paragraph (2);
(B) using a competitive application process; and
(C) with consideration to the racial, ethnic,
gender, and geographic diversity of the Joint Task
Force.
(c) Study and Recommendations.--The Joint Task Force shall--
(1) conduct a study to--
(A) identify best practices for reducing the
overuse and discriminatory use of exclusionary
discipline practices; and
(B) determine to what extent exclusionary
discipline practices contribute to the criminalization
of--
(i) girls of color;
(ii) English learners;
(iii) Native American girls;
(iv) students who identify as lesbian, gay,
bisexual, transgender, queer, or questioning;
and
(v) students with disabilities; and
(2) develop recommendations based on the study conducted
under paragraph (1).
(d) Report.--Not later than 360 days after the date of the
enactment of this Act, and biannually thereafter, the Secretary and the
Secretary of Health and Human Services shall submit to Congress a
report on the recommendations under subsection (c)(2).
SEC. 52106. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated
$500,000,000 for each of fiscal years 2022 through 2026 to carry out
sections 52104 and 52105.
(b) Additional Funding to the Office for Civil Rights.--There is
authorized to be appropriated $500,000,000 for fiscal year 2022 through
2026, and each fiscal year thereafter, to carry out section 52103.
SEC. 52107. DEFINITIONS.
In this subtitle:
(1) Act of insubordination.--The term ``act of
insubordination'' means an act that disrupts a school activity
or instance when a student willfully defies the valid authority
of a school official.
(2) Appearance or grooming policy.--The term ``appearance
or grooming policy'' means any practice, policy, or portion of
a student conduct code that governs or restricts the appearance
of students, including policies that--
(A) restrict or prescribe clothing that a student
may wear (such as hijabs, headwraps, or bandanas);
(B) restrict specific hair styles (such as braids,
locks, twists, bantu knots, cornrows, extensions, or
afros); or
(C) restrict whether or how a student may apply
make-up, nail polish, or other cosmetics.
(3) Chemical restraint.--The term ``chemical restraint''
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by a licensed
physician or other qualified health professional acting
under the scope of the authority of a health
professional under State law.
(4) Direct supervision.--The term ``direct supervision''
means a student is physically in the same location as a school
official and such student is under the care of the school
official or school.
(5) Disability.--The term ``disability'' means a mental or
physical disability that meets the conditions set forth in
clauses (i) and (ii) of section 602(3)(A) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and
(ii)).
(6) Elementary and secondary education act terms.--The
terms ``elementary school'', ``English learner'', ``local
educational agency'', ``secondary school'', and ``State
educational agency'' has the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(7) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual regardless of
the designated sex at birth of the individual.
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) In-school suspension.--The term ``in-school
suspension'' means an instance in which a student is
temporarily removed from a regular classroom for at least half
a day but remains under the direct supervision of a school
official.
(10) Mechanical restraint.--The term ``mechanical
restraint'' has the meaning given the term in section 595(d)(1)
of the Public Health Service Act (42 U.S.C. 290jj(d)(1)),
except that the meaning shall be applied by substituting
``student'' for ``resident''.
(11) Multi-tier system of supports.--The term ``multi-tier
system of supports'' means a comprehensive continuum of
evidence-based, systemic practices to support a rapid response
to the needs of students, with regular observation to
facilitate data-based instructional decision making.
(12) Out-of-school suspension.--The term ``out-of-school
suspension'' means an instance in which a student is excluded
from school for disciplinary reasons by temporarily being
removed from regular classes to another setting, including a
home or behavior center, regardless of whether such
disciplinary removal is deemed as a suspension by school
officials.
(13) Physical escort.--The term ``physical escort'' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting ``student'' for
``resident''.
(14) Physical restraint.--The term ``physical restraint''
means a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(15) Positive behavior intervention and support.--The term
``positive behavior intervention and support'' means using a
systematic and evidence-based approach to achieve improved
academic and social outcomes for students.
(16) Pushout.--The term ``pushout'' means an instance when
a student leaves elementary, middle or secondary school,
including a forced transfer to another school, prior to
graduating secondary school due to overuse of exclusionary
discipline practices, failure to address trauma or other mental
health needs, discrimination, or other educational barriers
that do not support or promote the success of a student.
(17) School official.--The term ``school official'' means a
teacher, school principal, administrator, or other personnel
engaged in the performance of duties with respect to a school.
(18) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
where the student is physically prevented from leaving, and
does not include a time out.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(20) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section 1365(h)(3)
of title 18, United States Code.
(21) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(22) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students who qualify as ``a child with a
disability'' as that term is defined under section 602(3)(A)(i)
of the Individuals with Disabilities Education Act (20 U.S.C.
1401(3)(A)(i)) or are subject to section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(23) Time out.--The term ``time out'' has the meaning given
the term in section 595(d)(5) of the Public Health Service Act
(42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting ``student'' for ``resident''.
(24) Zero-tolerance policy.--The term ``zero-tolerance
policy'' is a school discipline policy that results in an
automatic disciplinary consequence, including out-of-school
suspension, expulsion, and involuntary school transfer.
Subtitle U--Parent PLUS Loan Improvement
SEC. 52301. SHORT TITLE.
This subtitle may be cited as the ``Parent PLUS Loan Improvement
Act of 2020''.
SEC. 52302. APPLICABLE RATE OF INTEREST FOR PLUS LOANS.
Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)(8)) is amended--
(1) in subparagraph (C), by inserting ``and before July 1,
2019,'' after ``, 2013,''; and
(2) by adding at the end the following:
``(G) Reduced rate for parent plus loans.--
Notwithstanding the preceding paragraphs of this
subsection, for Federal Direct PLUS Loans made on
behalf of a dependent student for which the first
disbursement is made on or after July 1, 2019, the
applicable rate of interest shall be determined under
subparagraph (C) of this paragraph--
``(i) by substituting `3.6 percent' for
`4.6 percent'; and
``(ii) by substituting `9.5 percent' for
`10.5 percent'.''.
SEC. 52303. ELIMINATION OF ORIGINATION FEE FOR PARENT PLUS LOANS.
Section 455(c) of the Higher Education Act of 1965 (20 U.S.C.
1087e(c)) is amended by adding at the end the following new paragraph:
``(3) PLUS loans.--With respect to Federal Direct PLUS
loans made on behalf of a dependent student for which the first
disbursement of principal is made on or after July 1, 2019,
paragraph (1) shall be applied by substituting `0.0 percent'
for `4.0 percent'.''.
SEC. 52304. COUNSELING FOR PARENT PLUS BORROWERS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by adding at the end the following:
``(n) Counseling for Parent PLUS Borrowers.--
``(1) In general.--The Secretary, prior to disbursement of
a Federal Direct PLUS loan made on behalf of a dependent
student, shall ensure that the borrower receives comprehensive
information on the terms and conditions of the loan and the
responsibilities the borrower has with respect to such loan.
Such information--
``(A) shall be provided through the use of
interactive programs that use mechanisms to check the
borrower's understanding of the terms and conditions of
the borrower's loan, using simple and understandable
language and clear formatting; and
``(B) shall be provided--
``(i) during a counseling session conducted
in person; or
``(ii) online.
``(2) Information to be provided.--The information to be
provided to the borrower under paragraph (1) shall include the
following:
``(A) Information on how interest accrues and is
capitalized during periods when the interest is not
paid by the borrower.
``(B) An explanation of when loan repayment begins,
of the options available for a borrower who may need a
deferment, and that interest accrues during a
deferment.
``(C) The repayment plans that are available to the
borrower, including personalized information showing--
``(i) estimates of the borrower's
anticipated monthly payments under each
repayment plan that is available; and
``(ii) the difference in interest paid and
total payments under each repayment plan.
``(D) The obligation of the borrower to repay the
full amount of the loan, regardless of whether the
student on whose behalf the loan was made completes the
program in which the student is enrolled.
``(E) The likely consequences of default on the
loan, including adverse credit reports, delinquent debt
collection procedures under Federal law, and
litigation.
``(F) The name and contact information of the
individual the borrower may contact if the borrower has
any questions about the borrower's rights and
responsibilities or the terms and conditions of the
loan.''.
SEC. 52305. INCLUSION OF PARENT PLUS LOANS IN INCOME-CONTINGENT AND
INCOME-BASED REPAYMENT PLANS.
(a) Income-Contingent Repayment Plan.--Section 455(d)(1)(D) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by
striking ``, except that the plan described in this subparagraph shall
not be available to the borrower of a Federal Direct PLUS loan made on
behalf of a dependent student;''.
(b) Income-Based Repayment.--
(1) Section 493C.--Section 493C of the Higher Education Act
of 1965 (20 U.S.C. 1098e) is amended--
(A) in subsection (a)--
(i) by striking ``this section'' and all
that follows through ``hardship'' and inserting
``In this section, the term `partial financial
hardship'''; and
(ii) by striking, ``(other than an excepted
PLUS loan or excepted consolidation loan)'';
(B) in subsection (b)--
(i) in paragraph (1), by striking ``(other
than an excepted PLUS loan or excepted
consolidation loan)'';
(ii) in paragraph (6)(A), by striking
``(other than an excepted PLUS loan or excepted
consolidation loan)''; and
(iii) in paragraph (7), by striking
``(other than a loan under section 428B or a
Federal Direct PLUS Loan)''; and
(C) in subsection (c), by striking ``(other than an
excepted PLUS loan or excepted consolidation loan),''.
(2) Section 455(d)(1)(E).--Section 455(d)(1)(E) of such Act
(20 U.S.C. 1087e(d)(1)(D)) is amended by striking ``, except
that the plan described in this subparagraph shall not be
available to the borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student or a Federal Direct Consolidation
Loan, if the proceeds of such loan were used to discharge the
liability on such Federal Direct PLUS Loan or a loan under
section 428B made on behalf of a dependent student''.
(c) Application to Regulations.--The Secretary shall ensure that
any Federal Direct PLUS Loan and any loan under section 428B of the
Higher Education Act of 1965 (20 U.S.C. 1078-2) made on behalf of a
dependent student are eligible for any repayment plan available under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or
regulations authorized under such Act (20 U.S.C. 1001 et seq.).
Subtitle V--Time for Completion
SEC. 52401. SHORT TITLE.
This subtitle may be cited as the ``Time for Completion Act''.
SEC. 52402. CONSUMER INFORMATION ABOUT COMPLETION OR GRADUATION TIMES.
(a) Transparency in College Tuition for Consumers.--Section
132(i)(1)(J) of the Higher Education Act of 1965 (20 U.S.C.
1015a(i)(1)(J)) is amended to read as follows:
``(J)(i) For programs of study 4 years of length or
longer--
``(I) the percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii);
``(II) the percentages of first-time, part-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii);
``(III) the percentages of non-first time,
full-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii); and
``(IV) the percentages of non-first-time,
part-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(III) of clause (iii).
``(ii) For programs of study less than 4 years--
``(I) the percentages of first-time, full-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii);
``(II) the percentages of first-time, part-
time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii);
``(III) the percentages of non-first-time,
full-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii); and
``(IV) the percentages of non-first-time,
part-time, degree- or certificate-seeking
undergraduate students enrolled at the
institution who obtain a degree or certificate
within each of the times for completion or
graduation described in subclauses (I) through
(IV) of clause (iii).
``(iii) For purposes of this subparagraph, the
times for completion or graduation are as follows:
``(I) The normal time for completion of, or
graduation from, the student's program.
``(II) 150 percent of the normal time for
completion of, or graduation from, the
student's program.
``(III) 200 percent of the normal time for
completion of, or graduation from, the
student's program.
``(IV) 300 percent of the normal time for
completion of, or graduation from, the
student's program.
``(iv) In making publicly available the percentages
described in this subparagraph, the Secretary shall
display each percentage in a consistent manner and with
equal visibility.''.
(b) Institutional and Financial Assistance Information for
Students.--Section 485(a) of the Higher Education Act of 1965 (20
U.S.C. 1092(a)) is amended--
(1) in paragraph (1), by amending subparagraph (L) to read
as follows:
``(L) each completion or graduation
rate for each type of student and
program described in clauses (i) and
(ii) of section 132(i)(1)(J);''; and
(2) in paragraph (3), by striking ``within 150 percent of
the normal time for completion of or graduation from the
program'' and inserting ``within the time for completion or
graduation described in section 132(i)(1)(J) applicable to such
student and such program''.
Subtitle W--Strength in Diversity
SEC. 52501. SHORT TITLE.
This subtitle may be cited as the ``Strength in Diversity Act of
2020''.
SEC. 52502. PURPOSE.
The purpose of this subtitle is to support the development,
implementation, and evaluation of comprehensive strategies to address
the effects of racial isolation or concentrated poverty by increasing
diversity, including racial diversity and socioeconomic diversity, in
covered schools.
SEC. 52503. RESERVATION FOR NATIONAL ACTIVITIES.
The Secretary may reserve not more than 5 percent of the amounts
made available under section 52509 for a fiscal year to carry out
activities of national significance relating to this subtitle, which
may include--
(1) research, development, data collection, monitoring,
technical assistance, evaluation, or dissemination activities;
and
(2) the development and maintenance of best practices for
recipients of grants under section 52504 and other experts in
the field of school diversity.
SEC. 52504. GRANT PROGRAM AUTHORIZED.
(a) Authorization.--
(1) In general.--From the amounts made available under
section 52509 and not reserved under section 52503 for a fiscal
year, the Secretary shall award grants in accordance with
subsection (b) to eligible entities to develop or implement
plans to improve diversity and reduce or eliminate racial or
socioeconomic isolation in covered schools.
(2) Types of grants.--The Secretary may, in any fiscal
year, award under paragraph (1)--
(A) planning grants to carry out the activities
described in section 52506(a);
(B) implementation grants to carry out the
activities described in section 52506(b); or
(C) both such planning grants and implementation
grants.
(b) Award Basis.--
(1) Criteria for evaluating applications.--The Secretary
shall award grants under this section on a competitive basis,
based on--
(A) the quality of the application submitted by an
eligible entity under section 52505; and
(B) the likelihood, as determined by the Secretary,
that the eligible entity will use the grant to improve
student outcomes or outcomes on other performance
measures described in section 52507.
(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to the following eligible
entities:
(A) First, to an eligible entity that proposes, in
an application submitted under section 52505, to use
the grant to support a program that addresses racial
isolation.
(B) Second, to an eligible entity that proposes, in
an application submitted under section 52505, to use
the grant to support a program that extends beyond one
local educational agency, such as an inter-district or
regional program.
(c) Duration of Grants.--
(1) Planning grant.--A planning grant awarded under this
section shall be for a period of not more than 1 year.
(2) Implementation grant.--An implementation grant awarded
under this section shall be for a period of not more than 3
years, except that the Secretary may extend an implementation
grant for an additional 2-year period if the eligible entity
receiving the grant demonstrates to the Secretary that the
eligible entity is making significant progress, as determined
by the Secretary, on the program performance measures described
in section 52507.
SEC. 52505. APPLICATIONS.
In order to receive a grant under section 52504, an eligible entity
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require,
including--
(1) a description of the program for which the eligible
entity is seeking a grant, including--
(A) how the eligible entity proposes to use the
grant to improve the academic and life outcomes of
students in racial or socioeconomic isolation in
covered schools by supporting interventions that
increase diversity in such covered schools;
(B) in the case of an implementation grant, the
implementation grant plan described in section
52506(b)(1); and
(C) evidence, or if such evidence is not available,
a rationale based on current research, regarding how
the program will increase diversity;
(2) in the case of an eligible entity proposing to use any
of the grant to benefit covered schools that are racially
isolated, a description of how the eligible entity will
identify and define racial isolation;
(3) in the case of an eligible entity proposing to use any
portion of the grant to benefit high-poverty covered schools, a
description of how the eligible entity will identify and define
income level and socioeconomic status;
(4) a description of the plan of the eligible entity for
continuing the program after the grant period ends;
(5) a description of how the eligible entity will assess,
monitor, and evaluate the impact of the activities funded under
the grant on student achievement and student enrollment
diversity;
(6) an assurance that the eligible entity has conducted, or
will conduct, robust parent and community engagement, while
planning for and implementing the program, such as through--
(A) consultation with appropriate officials from
Indian Tribes or Tribal organizations approved by the
Tribes located in the area served by the eligible
entity;
(B) consultation with other community entities,
including local housing or transportation authorities;
(C) public hearings or other open forums to inform
the development of any formal strategy to increase
diversity; and
(D) outreach, in a language that parents can
understand, and consultation with families in the
targeted district or region that is designed to ensure
participation in the planning and development of any
formal strategy to increase diversity;
(7) an estimate of the number of students that the eligible
entity plans to serve under the program and the number of
students to be served through additional expansion of the
program after the grant period ends;
(8) an assurance that the eligible entity will--
(A) cooperate with the Secretary in evaluating the
program, including any evaluation that might require
data and information from multiple recipients of grants
under section 52504; and
(B) engage in the best practices developed under
section 52503(2);
(9) an assurance that, to the extent possible, the eligible
entity has considered the potential implications of the grant
activities on the demographics and student enrollment of nearby
covered schools not included in the activities of the grant;
and
(10) in the case of an eligible entity applying for an
implementation grant, a description of how the eligible entity
will--
(A) implement, replicate, or expand a strategy
based on a strong or moderate level of evidence (as
described in subclause (I) or (II) of section
8101(21)(A)(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)); or
(B) will test a promising strategy to increase
diversity in covered schools.
SEC. 52506. USES OF FUNDS.
(a) Planning Grants.--Each eligible entity that receives a planning
grant under section 52504 shall use the grant to support students in
covered schools through the following activities:
(1) Completing a comprehensive assessment of, with respect
to the geographic area served by such eligible entity--
(A) the educational outcomes and racial and
socioeconomic stratification of children attending
covered schools; and
(B) an analysis of the location and capacity of
program and school facilities and the adequacy of local
or regional transportation infrastructure.
(2) Developing and implementing a robust family and
community engagement plan, including, where feasible, public
hearings or other open forums that would precede and inform the
development of a formal strategy to improve diversity in
covered schools.
(3) Developing options, including timelines and cost
estimates, for improving diversity in covered schools, such as
weighted lotteries, revised feeder patterns, school boundary
redesign, or regional coordination.
(4) Developing an implementation plan based on community
preferences among the options developed under paragraph (3).
(5) Building the capacity to collect and analyze data that
provide information for transparency, continuous improvement,
and evaluation.
(6) Engaging in best practices developed under section
52503(2).
(b) Implementation Grants.--
(1) Implementation grant plan.--Each eligible entity that
receives an implementation grant under section 52504 shall
implement a high-quality plan to support students in covered
schools that includes--
(A) a comprehensive set of strategies designed to
improve academic outcomes for all students,
particularly students of color and low-income students,
by increasing diversity in covered schools;
(B) evidence of strong family and community support
for such strategies, including evidence that the
eligible entity has engaged in meaningful family and
community outreach activities;
(C) goals to increase diversity in covered schools
over the course of the grant period;
(D) collection and analysis of data to provide
transparency and support continuous improvement
throughout the grant period; and
(E) a rigorous method of evaluation of the
effectiveness of the program.
(2) Implementation grant activities.--Each eligible entity
that receives an implementation grant under section 52504 may
use the grant to carry out one or more of the following
activities:
(A) Recruiting, hiring, or training additional
teachers, administrators, and other instructional and
support staff in new, expanded, or restructured covered
schools, or other professional development activities
for staff and administrators.
(B) Investing in specialized academic programs or
facilities designed to encourage inter-district school
attendance patterns.
(C) Developing or initiating a transportation plan
for bringing students to and from covered schools, if
such transportation is sustainable beyond the grant
period and does not represent a significant portion of
the grant received by an eligible entity under section
52504.
SEC. 52507. PERFORMANCE MEASURES.
The Secretary shall establish performance measures for the programs
and activities carried out through a grant under section 52504. These
measures, at a minimum, shall track the progress of each eligible
entity in--
(1) improving academic and other developmental or
noncognitive outcomes for each subgroup described in section
1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) that is served by the
eligible entity on measures, including, as applicable, by--
(A) increasing school readiness;
(B) increasing student achievement and decreasing
achievement gaps;
(C) increasing high school graduation rates;
(D) increasing readiness for postsecondary
education and careers; and
(E) any other indicator the Secretary or eligible
entity may identify; and
(2) increasing diversity and decreasing racial or
socioeconomic isolation in covered schools.
SEC. 52508. ANNUAL REPORTS.
An eligible entity that receives a grant under section 52504 shall
submit to the Secretary, at such time and in such manner as the
Secretary may require, an annual report that includes--
(1) information on the progress of the eligible entity with
respect to the performance measures described in section 52507;
and
(2) the data supporting such progress.
SEC. 52509. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
such sums as may be necessary for fiscal year 2022 and each of the 5
succeeding fiscal years.
SEC. 52510. DEFINITIONS.
In this subtitle:
(1) Covered school.--The term ``covered school'' means--
(A) a publicly funded early childhood education
program;
(B) a public elementary school; or
(C) a public secondary school.
(2) Eligible entity.--The term ``eligible entity'' means a
local educational agency, a consortium of such agencies, an
educational service agency, or regional educational agency that
at the time of the application of such eligible entity has
significant achievement gaps and socioeconomic or racial
segregation within or between the school districts served by
such entity.
(3) ESEA terms.--The terms ``educational service agency'',
``elementary school'', ``local educational agency'',
``secondary school'', and ``Secretary'' have the meanings given
such terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(4) Publicly funded early childhood education program.--The
term ``publicly funded early childhood education program''
means an early childhood education program (as defined in
section 103(8) of the Higher Education Act of 1965 (20 U.S.C.
1003(8))) that receives State or Federal funds.
Subtitle X--Reverse Transfer Efficiency
SEC. 52601. SHORT TITLE.
This subtitle may be cited as the ``Reverse Transfer Efficiency Act
of 2020''.
SEC. 52602. RELEASE OF EDUCATION RECORDS TO FACILITATE THE AWARD OF A
RECOGNIZED POSTSECONDARY CREDENTIAL.
Section 444(b) of the General Education Provisions Act (20 U.S.C.
1232g(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (K)(ii), by striking ``; and''
and inserting a semicolon; and
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(2) by inserting after subparagraph (L) the following:
``(M) an institution of postsecondary education in which
the student was previously enrolled, to which records of
postsecondary coursework and credits are sent for the purpose
of applying such coursework and credits toward completion of a
recognized postsecondary credential (as that term is defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), upon condition that the student provides written
consent prior to receiving such credential.''.
Subtitle Y--Supporting Minority STEM Student to Career
SEC. 52701. SHORT TITLE.
This subtitle may be cited as the ``Supporting Minority STEM
Student to Career Act''.
SEC. 52702. MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM.
(a) Required Criteria.--Section 352(c) of the Higher Education Act
of 1965 (20 U.S.C. 1067b(c)) is amended--
(1) in paragraph (9), by striking ``and'';
(2) in paragraph (10), by striking the period and inserting
``; and''; and
(3) by adding the following at the end:
``(11) the amount of non-Federal funds a grant recipient
will use to support the activities to be funded by the
grant.''.
(b) Authorized Use of Funds.--Section 353(b) of the Higher
Education Act of 1965 (20 U.S.C. 1067c(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period and
inserting a semicolon; and
(C) by adding the following at the end:
``(C) providing direct financial assistance to students who
are underrepresented in STEM; or
``(D) improving institutional capacity to provide--
``(i) guidance counseling and academic advising;
``(ii) work-study opportunities that are aligned to
a student's chosen field of study;
``(iii) faculty, peer, and near-peer mentorship;
``(iv) summer bridge programs;
``(v) undergraduate research opportunities;
``(vi) work-based learning opportunities aligned
with a student's chosen field of study; or
``(vii) individualized academic support and
tutoring.''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``or'';
(B) in subparagraph (D), by striking the period and
inserting ``; or''; and
(C) by adding the following at the end:
``(E) any of the activities described in subparagraphs (A)
through (D) of paragraph (1).''.
(c) Cross Program and Cross Agency Cooperation.--Section 363 of the
Higher Education Act of 1965 (20 U.S.C. 1067i) is amended to read as
follows:
``SEC. 363. CROSS PROGRAM AND CROSS AGENCY COOPERATION.
``(a) In General.--The Minority Science and Engineering Improvement
Programs shall cooperate and consult with other programs within the
Department and within Federal, State, and private agencies which carry
out programs to improve the quality of science, mathematics, and
engineering education.
``(b) Report.--Not later than 120 days after the date of enactment
of the Supporting Minority STEM Student to Career Act, the Secretary
shall, in consultation with all Federal agencies that have STEM
education activities, prepare and submit to the authorizing committees
a coordination strategy report on expanding access and opportunity for
postsecondary students who are underrepresented in science and
engineering that--
``(1) outlines efforts to coordinate Federal grant programs
for these populations to more effectively achieve the Federal
Government's objective to diversify the STEM fields; and
``(2) outlines strategies to align Federal Government
research opportunities, internships, and deferred hiring
programs from minority institutions receiving a grant under
this part for students who are underrepresented in science and
engineering.''.
(d) Definitions.--Section 365 of the Higher Education Act of 1965
(20 U.S.C. 1067k) is amended--
(1) by striking paragraphs (3) and (4); and
(2) by adding at the end the following:
``(10) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101.
``(11) Minority institution.--The term `minority
institution' means an institution described in section 371(a).
``(12) STEM.--The term `STEM' means the fields of science,
technology, engineering, and mathematics as described in
section 356(a).''.
Subtitle Z--END ALL Hazing
SEC. 52801. SHORT TITLE.
This subtitle may be cited as the ``Educational Notification and
Disclosure of Actions risking Loss of Life by Hazing Act'', or the
``END ALL Hazing Act''.
SEC. 52802. FINDINGS.
Congress finds as follows:
(1) Hazing is a problem in the United States, but most
especially in our Nation's educational system.
(2) Hazing undermines the educational experience of the
victims and the perpetrators. Hazing often perpetuates a cycle
in which students who have been hazed feel the need to haze
other students as a rite of passage to join a student
organization.
(3) While hazing takes many forms, including menial labor,
disparagement, public or private humiliation, and forced
exercise, the combination of alcohol or drug consumption as a
form of hazing has caused bodily injury to thousands of
students and has been fatal in many instances.
(4) Numerous students have died as a result of collegiate
hazing. Some of the recent tragedies include Nicky Cumberland,
Max Gruver, Tim Piazza, Dalton Debrick, Marquise Braham, and
Harrison Kowiak.
SEC. 52803. HAZING REPORTING REQUIREMENTS FOR INSTITUTIONS OF HIGHER
EDUCATION.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (U), by striking ``and'' at the
end;
(B) in subparagraph (V), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(W) the hazing reports prepared by the
institution pursuant to subsection (n).''; and
(2) by adding at the end the following new subsection:
``(n) Disclosures of Hazing-Related Misconduct.--
``(1) Mandatory hazing reports.--Each eligible institution
participating in any program under this title, other than a
foreign institution of higher education, shall on August 1,
2021, begin to collect information with respect to hazing-
related misconduct and anti-hazing policies of that
institution, and beginning on January 1, 2022, and each July 1
and January 1 thereafter, prepare and make publicly available,
in accordance with this subsection, a report containing the
information required by this subsection.
``(2) Report content.--
``(A) In general.--A report required by paragraph
(1) shall include each finding by the institution that
a student organization committed--
``(i) a violation of the institution's
standards of conduct, or of Federal, State, or
local law, relating to hazing; or
``(ii) other conduct that threatens a
student's physical safety, including a
violation involving the abuse or illegal use of
alcohol or drugs.
``(B) Incident information.--A report required by
paragraph (1) shall include, for each finding by the
institution of a violation described in subparagraph
(A), the following:
``(i) The name of the student organization
that committed the violation.
``(ii) A general description of the
violation, the charges, the findings of the
institution, and the sanctions placed on the
organization.
``(iii) The dates on which--
``(I) the violation was alleged to
have occurred;
``(II) the student organization was
charged with misconduct;
``(III) the investigation was
initiated; and
``(IV) the investigation ended with
a finding that a violation occurred.
``(C) Exclusions.--A report required by paragraph
(1) shall not include--
``(i) any information related to
allegations or investigations of hazing that do
not result in a formal finding of a violation
of the standards of conduct of the institution;
or
``(ii) any personally identifiable
information on any individual student or member
of a student organization.
``(D) FERPA compliance.--The report required by
paragraph (1) shall be subject to the requirements of
section 444 of the General Education Provisions Act
(commonly known as the `Family Educational Rights and
Privacy Act of 1974').
``(3) Availability.--
``(A) Public website.--Each institution shall
provide, in a prominent location on the institution's
website, a link to the webpage that contains each
report required under paragraph (1). Such webpage shall
include a statement notifying the public--
``(i) of the availability of information
including findings, sanctions, and the
implementation of sanctions, except information
protected under section 444 of the General
Education Provisions Act (commonly known as the
`Family Education Rights and Privacy Act of
1974');
``(ii) a description of how a member of the
public may obtain such information; and
``(iii) a statement that the institution is
required to provide such information pursuant
to the END ALL Hazing Act.
``(B) Notice in print.--Each institution shall
provide to all enrolled students and to each applicant
for enrollment, a printed notice of the nature and
availability of the reports required under paragraph
(1), and the website address at which such reports are
available.
``(C) Maintenance period.--Each institution shall
maintain each report required under paragraph (1) on
its website for a period of 5 academic years.
``(4) Reports to law enforcement.--Each institution
participating in any program under this title, other than a
foreign institution of higher education, shall report to campus
police and appropriate law enforcement authorities any
allegation of hazing that involved serious bodily injury or a
significant risk of serious bodily injury that is reported to
the institution, campus authorities, or any student
organization officially recognized by the institution. Such an
allegation shall be reported within 72 hours of when the
institution is first notified of the allegation.
``(5) Applicability to multi-institution student
organizations.--In the case of an allegation that a multi-
institution student organization was involved in a hazing
incident, the requirements of this subsection shall apply only
to the institution or institutions at which the students
involved in such allegation are enrolled (or were formerly
enrolled), including any student who was a victim in the
alleged incident.
``(6) Definitions.--In this subsection:
``(A) Hazing.--The term `hazing' means any
intentional, knowing, or reckless act committed by a
student, or a former student, of an institution of
higher education, whether individually or in concert
with other persons, against another student, that--
``(i) was committed in connection with an
initiation into, an affiliation with, or the
maintenance of membership in, any student
organization; and
``(ii) causes, or contributes to a
substantial risk of, physical injury, mental
harm, or personal degradation.
``(B) Student organization.--
``(i) In general.--The term `student
organization' means an organization that is
officially recognized by or otherwise
affiliated with an institution of higher
education and that has a membership that is
made up primarily of students enrolled at such
institution.
``(ii) Multi-institution student
organizations.--The term `multi-institution
student organization' means a student
organization that includes students from more
than one institution of higher education,
including city-wide, regional, State, and
national chapters of student organizations.''.
Subtitle AA--Report and Educate About Campus Hazing
SEC. 52901. SHORT TITLE.
This subtitle may be cited as the ``Report and Educate About Campus
Hazing Act'' or the ``REACH Act''.
SEC. 52902. INCLUSION OF HAZING INCIDENTS IN ANNUAL SECURITY REPORTS.
Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(1)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking ``and'' at the end;
(3) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(iv) of hazing incidents that were reported to
campus security authorities or local police
agencies.''.
SEC. 52903. DEFINITION OF HAZING.
Section 485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(6)(A)) is amended by adding at the end the following:
``(vi) The term `hazing' means any intentional,
knowing, or reckless act committed by a student, or a
former student, of an institution of higher education,
whether individually or in concert with other persons,
against another student, that--
``(I) was committed in connection with an
initiation into, an affiliation with, or the
maintenance of membership in, any organization
that is affiliated with such institution of
higher education; and
``(II) contributes to a substantial risk of
physical injury, mental harm, or degradation or
causes physical injury, mental harm or personal
degradation.''.
SEC. 52904. RECORDING OF HAZING INCIDENTS.
Section 485(f)(7) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(7)) is amended by inserting after the second sentence the
following: ``For hazing incidents, such statistics shall be compiled in
accordance with the definition of that term in paragraph (6)(A)(vi).''
SEC. 52905. EDUCATIONAL PROGRAM ON HAZING.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) The institution will provide students with an
educational program on hazing (as that term is defined in
section 485(f)(6)(A)(vi)), which shall include information on
hazing awareness, hazing prevention, and institution's policies
on hazing.''.
Subtitle BB--STOP Campus Hunger
SEC. 53001. SHORT TITLE.
This subtitle may be cited as the ``Supporting Transparency to
Overcome Poverty and Campus Hunger Act'' or the ``STOP Campus Hunger
Act''.
SEC. 53002. STUDENT ELIGIBILITY INFORMATION FOR NUTRITION ASSISTANCE
PROGRAMS.
(a) Information Dissemination Activities.--Section 485(a)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)) is amended--
(1) in subparagraph (U), by striking the ``and'' at the
end;
(2) in subparagraph (V), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(W) the most recent relevant student eligibility
guidance with respect to the nutrition assistance
programs established under--
``(i) section 4 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014); and
``(ii) section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786);
``(X) the contact information for the State
agencies responsible for administration of the programs
specified in clauses (i) and (ii) of subparagraph (W);
and
``(Y) the food pantries and other food assistance
facilities and services available to students enrolled
in such institution.''.
(b) College Navigator Website.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Education shall
make available and annually update on the College Navigator Website the
most recent relevant student eligibility guidance with respect to the
nutrition assistance programs established under--
(1) section 4 of the Food and Nutrition Act of 2008 (7
U.S.C. 2014); and
(2) section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786).
Subtitle CC--End Pandemic Hunger for College Students
SEC. 53101. SHORT TITLE.
This subtitle may be cited as the ``End Pandemic Hunger for College
Students Act of 2020''.
SEC. 53102. SNAP ELIGIBILITY FOR LOW-INCOME COLLEGE STUDENTS.
(a) In General.--Notwithstanding any other provision of law, not
later than 20 days after the date of the enactment of this Act,
eligibility for supplemental nutrition assistance program benefits
shall not be limited under section 6(e) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(e)) for an individual who as of March 1, 2021,
or anytime in the prior 30 days was--
(1) enrolled at least half-time in an institution of higher
education; and
(2) participating in the supplemental nutrition assistance
program.
(b) State Option.--
(1) Authority to adjust additional eligibility standards.--
In addition to the application of subsection (a) and if
requested by a State agency or issued by nationwide guidance by
the Secretary, the Secretary may adjust the eligibility
standards under section 6(e) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(e)) for individuals who are enrolled in an
institution of higher education in any State affected by the
outbreak of COVID-19. In making an adjustment authorized by
this paragraph, the Secretary shall consider closures of
facilities at institutions of higher education and any other
factor that affects the ability of such individuals to meet
such standards.
(2) Readily approvable adjustment requests.--The Secretary
shall approve a request of a State agency to adjust the
eligibility standards under section 6(e) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(e)) for individuals who
are enrolled at least half-time in an institution of higher
education and--
(A) are members of households, as described in
section 3(m)(2) of such Act (7 U.S.C. 2012(m)(2)), who
are otherwise eligible to participate in the
supplemental nutrition assistance program; or
(B) in the most recent academic year, had an
expected family contribution of $0 as determined in
accordance with part F of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087kk et seq.).
(c) Sunset.--
(1) Initial applications.--The eligibility standards
authorized under subsections (a) and (b) shall be in effect for
initial applications for the supplemental nutrition assistance
program until 90 days after the COVID-19 public health
emergency is lifted.
(2) Recertifications.--The eligibility standards authorized
under subsections (a) and (b) shall be in effect until the
first recertification of a household beginning no earlier than
90 days after the COVID-19 public health emergency is lifted.
(d) Guidance.--
(1) In general.--Not later than 10 days after the date of
enactment of this Act, the Secretary shall issue guidance to
State agencies on the temporary student eligibility
requirements, and State options, established under this
section.
(2) Coordination with the department of education.--The
Secretary of Education, in consultation with the Secretary of
Agriculture and institutions of higher education, shall carry
out activities to inform applicants for Federal student
financial aid under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.) and students at institutions of higher education
of the temporary student eligibility requirements established
under this section.
(e) Public Availability.--Not later than 10 days after the date of
the receipt or issuance of each document listed in paragraphs (1), (2),
or (3) of this subsection, the Secretary shall make publicly available
on the website of the Department of Agriculture the following
documents:
(1) Any request submitted by State agencies under
subsection (b).
(2) The Secretary's approval or denial of each such
request.
(3) Any guidance issued by the Secretary to carry out this
section.
(f) Definitions.--In this section:
(1) COVID-19.--The term ``COVID-19'' has the meaning given
such term in section 2102 of the CARES Act (Public Law 116-
136).
(2) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' has the meaning given such term in
section 2102 of the CARES Act (Public Law 116-136).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) State agency.--The term ``State agency'' has the
meaning given such term in section 3(s) of the Food and
Nutrition Act (7 U.S.C. 2012(s)).
(5) Supplemental nutrition assistance program.--The term
``supplemental nutrition assistance program'' has the meaning
given such term in section 3(t) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2012(t)).
Subtitle DD--Supporting Connectivity for Higher Education Students in
Need
SEC. 53201. SHORT TITLE.
This subtitle may be cited as the ``Supporting Connectivity for
Higher Education Students in Need Act''.
SEC. 53202. FUNDS TO SUPPORT.
(a) Regulations Required.--
(1) In general.--Not later than 14 days after the date of
enactment of this Act, the Assistant Secretary, in consultation
with the Secretary of Education, shall promulgate regulations
for the provision, from amounts made available from the
Emergency Higher Education Connectivity Fund established under
subsection (d)(1), of support to an institution of higher
education for the purposes of providing eligible services and
eligible equipment to students of that institution.
(2) Content.--The regulations promulgated under paragraph
(1) shall--
(A) prioritize support for--
(i) an institution of higher education that
is eligible to receive a grant under part A or
B of title III or title V of the Higher
Education Act of 1965 (20 U.S.C. 1057 et seq.,
1060 et seq., 1101 et seq.), including--
(I) a historically Black college or
university;
(II) a Hispanic-serving
institution;
(III) a Tribal College or
University; and
(IV) a minority-serving
institution; and
(ii) a rural-serving institution;
(B) provide a mechanism to require an institution
of higher education to prioritize the provision of an
eligible service or eligible equipment to a student
who--
(i) is eligible to receive a Federal Pell
Grant;
(ii) is a recipient of any other need-based
financial aid from the Federal Government, a
State, or that institution of higher education;
(iii) is eligible for a Lifeline qualifying
assistance program;
(iv) is a low-income individual, as that
term is defined in section 312(g) of the Higher
Education Act of 1965 (20 U.S.C. 1058(g));
(v) is a first generation college student,
as that term is defined in section 646.7 of
title 34, Code of Federal Regulations (or any
successor regulation);
(vi) has been approved to receive Federal
or State unemployment insurance benefits since
March 1, 2021; or
(vii) the institution of higher education
believes lacks necessary connectivity for
participating in distance learning or academic
and student support services;
(C) establish a schedule of reasonable per-student
funding amounts for eligible services and eligible
equipment supported under those regulations;
(D) provide that--
(i) an institution of higher education that
purchases eligible equipment using support
received under those regulations may, after the
termination of those regulations under
subsection (b), use that eligible equipment for
purposes that the institution considers
appropriate, subject to any restrictions
provided in those regulations (or any successor
regulations that are promulgated on or before
the termination date described in paragraph (1)
of that subsection);
(ii) no person that receives support under
those regulations may sell or otherwise
transfer eligible support or eligible equipment
in exchange for anything (including a service)
of value, except that such person may exchange
that eligible equipment for upgraded equipment
of the same type; and
(iii) an institution of higher education
may use support received under those
regulations to provide eligible services and
eligible equipment in conjunction with other
Federal funding if the total amount of Federal
funding received by the institution is not
greater than the cost of so providing the
eligible services and eligible equipment; and
(E) establish reasonable requirements--
(i) for an institution of higher education
to apply for support under those regulations;
(ii) for an institution of higher education
to procure eligible services and eligible
equipment with support obtained under those
regulations;
(iii) with respect to reporting,
recordkeeping, retention of documents,
compliance, and audits for an institution of
higher education that receives support under
those regulations;
(iv) for payment and distribution of
support to institutions of higher education
under those regulations; and
(v) with respect to any other processes
that the Assistant Secretary, in consultation
with the Secretary of Education, determines to
be appropriate.
(b) Termination of Regulations.--
(1) In general.--Subject to paragraph (2), the regulations
promulgated under subsection (a) shall terminate on the date
that is 60 days after the date on 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) with respect to COVID-19, or any renewal of that
declaration, terminates.
(2) Continuity of funding.--If, during the period in which
the regulations promulgated under subsection (a) are in effect,
the Assistant Secretary makes a commitment to provide support
to an institution of higher education under those regulations,
the Assistant Secretary may make a payment with respect to that
commitment on any date that is on or before September 30, 2021.
(c) Exemptions.--
(1) Notice and comment rulemaking requirements.--
Subsections (b), (c), and (d) of section 553 of title 5, United
States Code, shall not apply with respect to a regulation
promulgated under subsection (a) of this section or a
rulemaking to promulgate such a regulation.
(2) Paperwork reduction act requirements.--A collection of
information conducted or sponsored under the regulations
promulgated under subsection (a) shall not constitute a
collection of information for the purposes of subchapter I of
chapter 35 of title 44, United States Code (commonly referred
to as the ``Paperwork Reduction Act'').
(d) Emergency Higher Education Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Emergency Higher
Education Connectivity Fund''.
(2) Appropriation.--There is appropriated to the Emergency
Higher Education Connectivity Fund, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000 for fiscal
year 2021, to remain available through fiscal year 2022.
(3) Use of funds.--Amounts in the Emergency Higher
Education Connectivity Fund shall be available to the Assistant
Secretary to provide support under the regulations promulgated
under subsection (a).
(e) Rule of Construction.--Nothing in this section, any regulation
promulgated under this section, or any policy established by an
institution of higher education to implement this section or a
regulation promulgated under this section may be construed to preclude
any student from receiving support provided under this section or a
regulation promulgated under this section.
(f) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation).
(3) Eligible equipment.--The term ``eligible equipment''
means any of the following:
(A) A laptop computer, tablet computer, or similar
device capable of connecting to broadband internet
access service.
(B) A modem.
(C) A router.
(D) A device that combines a modem and a router.
(E) A Wi-Fi hotspot.
(4) Eligible service.--The term ``eligible service''
means--
(A) broadband internet access service; and
(B) video-conferencing systems and services used
for distance learning.
(5) Federal pell grant.--The term ``Federal Pell Grant''
means a grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a).
(6) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given the term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
(7) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(8) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education, as that
term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); or
(B) a postsecondary vocational institution, as that
term is defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).
(9) Lifeline qualifying assistance progam.--The term
``Lifeline qualifying assistance program'' means a program
described in section 54.400(j) of title 47, Code of Federal
Regulations (or any successor regulation).
(10) Minority-serving institution.--The term ``minority-
serving institution'' means any of the following:
(A) An Alaska Native-serving institution (as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))).
(B) A Native Hawaiian-serving institution (as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))).
(C) A Predominantly Black institution (as that term
is defined in section 371(c) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(c))).
(D) An Asian American and Native American Pacific
Islander-serving institution (as that term is defined
in section 320(b) of the Higher Education Act of 1965
(20 U.S.C. 1059g(b))).
(E) A Native American-serving, nontribal
institution (as that term is defined in section 319(b)
of the Higher Education Act of 1965 (20 U.S.C.
1059f(b))).
(F) A consortium of any of the following:
(i) A historically Black college or
university.
(ii) A Hispanic-serving institution.
(iii) A Tribal College or University.
(iv) An institution described in any of
subparagraphs (A) through (E).
(11) Rural-serving institution.--The term ``rural-serving
institution'' has the meaning given the term ``rural-serving
institution of higher education'' in section 861(b) of the
Higher Education Act of 1965 (20 U.S.C. 1161q(b)).
(12) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(13) Student.--The term ``student'', when used with respect
to an institution of higher education, means an individual who,
during the period in which the individual receives support
under the regulations promulgated under subsection (a), is--
(A) registered as a student with the institution;
(B) enrolled in not less than 1 class of the
institution; or
(C) otherwise considered a student by the
institution.
(14) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(15) 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).
(16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving broadband internet access service;
and
(B) sharing broadband internet access service with
another device through the use of Wi-Fi.
Subtitle EE--Black History Is American History
SEC. 53301. SHORT TITLE.
This subtitle may be cited as the ``Black History is American
History Act''.
SEC. 53302. FINDINGS.
Congress finds the following:
(1) Whereas since before its founding, the United States of
America has benefited from and been enhanced by the integral
role African Americans have played in our country's history and
contributions to the world.
(2) Whereas African American history does not begin in the
Americas. It can be traced back to the great empires of West
Africa beginning in A.D. 790, which aided the establishment and
survival of colonies in America and the New World, generally,
and fought against European oppression.
(3) Whereas African Americans have represented a
significant portion of the American population from nearly 20
percent at the signing of the Declaration of Independence,
almost all of whom, if not all, were victims of the largest
forced deportations in recorded history, the transatlantic
slave trade and resulting African diaspora. It is estimated
over 10,000,000 free Africans were enslaved between the mid-
fifteenth and nineteenth centuries during the diaspora.
(4) Whereas slavery was not abolished and African Americans
not acknowledged as American citizens until the mid-nineteenth
century, servitude did not abate their contributions to the
settlement, growth, and development of the United States, which
continued through Post-Reconstruction, Jim Crow,
industrialization, World Wars and conflicts, innovation and
inventiveness, constitutional progress, and every aspect of
American society.
(5) Whereas during the civil rights movement of the 1950s
and 1960s, civil rights leaders and activists championed the
fight for equal rights, including voting rights, for all
African Americans.
(6) Whereas the seminal case of Brown v. Board of
Education, decided May 17, 1954, found that the decades old
policy of separate but equal access to education was inherently
unequal, and the segregation of Black public-school students
was no longer the law of the land.
(7) Whereas African Americans continue to fight
discrimination, structural racism, economic inequities, and
benign and overt omission of the integral role they played in
our country's rise to greatness.
(8) Whereas currently, 12 States (Arkansas, California,
Colorado, Florida, Illinois, New Jersey, New York, Michigan,
Mississippi, Rhode Island, South Carolina, and Texas) have
passed educational laws requiring Black history be incorporated
into the curricula of all public schools.
(9) Whereas Congress established the National Museum of
African American History and Culture in 2003 after decades of
efforts to promote and highlight the contributions of African
Americans, which serves as an indication of the national
importance of examining Black history. Since opening in 2016,
the museum has worked to educate the public on the American
story through the lens of African American history and culture
and provide educators, parents, caregivers, and students with
tools and resources on the African American experience, its
national impact, race, racism, and the importance of tolerance
and inclusivity.
(10) Whereas according to a 2015 research study conducted
by the National Museum of African American History and Culture
and reported in Research into the State of African American
History and Culture in K-12 Public Schools, key findings
indicated that teachers considered Black history as influential
in understanding the complexity of United States history.
(11) Whereas the importance of Black history is reflected
in the National Assessment of Educational Progress United
States History framework, from pre-colonization through
contemporary America.
(12) Whereas the Federal Government, through support for
educational activities of national museums established under
Federal law, can assist teachers in efforts to incorporate
historically accurate instruction on the comprehensive history
of African Americans and students in their exploration of Black
history as an integral part of American history.
SEC. 53303. AMERICAN HISTORY AND CIVICS EDUCATION.
(a) Program Authorized.--Section 2231(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6661(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
which shall include Black history,'' after ``American
history''; and
(2) in paragraph (2)--
(A) by inserting ``which shall include Black
history,'' after ``American history,''; and
(B) by inserting ``, which shall include Black
history'' after ``traditional American history''.
(b) Presidential and Congressional Academies for American History
and Civics.--Section 2232 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6662) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, which shall
include Black history,'' after ``American History'';
and
(B) in paragraph (2), by inserting ``, which shall
include Black history,'' after ``American History'';
(2) in subsection (c)(1), by inserting ``, which shall
include Black history,'' after ``American history'';
(3) in subsection (e)--
(A) in paragraph (1)--
(i) by inserting ``, which shall include
Black history,'' after ``American history'';
(ii) in subparagraph (A)--
(I) by inserting ``, which shall
include Black history,'' after
``teachers of American history''; and
(II) by inserting ``, which shall
include Black history,'' after
``subjects of American history''; and
(iii) in subparagraph (B), by inserting ``,
which shall include Black history,'' after
``American history'';
(B) in paragraph (2), by inserting ``, which shall
include Black history,'' after ``American history'';
and
(C) in paragraph (4), by inserting ``, and with the
Smithsonian Institution's National Museum of African
American History and Culture initiative providing
programs and resources for educators and students''
after ``National Parks''; and
(4) in subsection (f)--
(A) by inserting ``, which shall include Black
history,'' after ``American history'';
(B) in subparagraph (A), by inserting ``, which
shall include Black history,'' after ``American
history''; and
(C) in subparagraph (B), by inserting ``, which
shall include Black history,'' after ``American
history''.
(c) National Activities.--Section 2233 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6663) is amended--
(1) in subsection (a), by inserting ``which shall include
Black history,'' after ``American history,''; and
(2) in subsection (b), by inserting ``which shall include
Black history,'' after ``American history,''.
(d) National Assessment of Educational Progress.--Section
303(b)(2)(D) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(2)(D)) is amended by inserting
``(which shall include Black history)'' after ``history,''.
Subtitle FF--CAMPUS HATE Crimes
SEC. 53401. SHORT TITLE.
This subtitle may be cited as the ``Creating Accountability
Measures Protecting University Students Historically Abused,
Threatened, and Exposed to Crimes Act'' or the ``CAMPUS HATE Crimes
Act''.
SEC. 53402. FINDINGS.
Congress finds the following:
(1) The incidence of violence motivated by the actual or
perceived race, color, religion, national origin, gender,
sexual orientation, gender identity, or disability of the
victim, known as hate crimes or crimes motivated by bias, poses
a serious national problem.
(2) Such violence motivated by hatred and bigotry endangers
our citizens and disrupts the communities they live in, by
tearing at the fabric of our Nation and our constitutional
aspiration to create a stronger, more perfect union.
(3) According to data obtained by the Southern Poverty Law
Center, schools were a particularly common location for hate
crimes to occur--including 150 incidents on college campuses in
33 States since November.
(4) This level of violence demonstrates an unprecedented
escalation in race and hate-based crime being committed on
college campuses compared to recent years.
(5) Hate groups have openly declared their efforts to
establish a physical presence on college campuses and have
specifically targeted young individuals and students for their
messaging. Such efforts include placing fliers around campus,
online organizing, and bringing national leaders to speak.
(6) College campuses have become the ideal location for
hate group activity because they traditionally embrace
diversity, tolerance, and social justice and strive for
equality and have created safe spaces for students of every
gender and identity.
(7) These are soft targets for such groups, because
students are more curious and receptive to new, even radical,
ideas than older individuals.
(8) The Higher Education Act of 1965 and the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime
Statistics Act have enabled Federal authorities to understand,
report, and where appropriate, investigate and prosecute hate
crimes committed within the jurisdiction of an institution of
higher education.
(9) However, an enduring effort cannot be made to address
the national problem posed by hate crimes if many of our
institutions of higher education fail to properly evaluate,
prepare, and implement an effective strategy to prevent and
respond to such crimes.
(10) The annual dissemination of relevant information to
students and faculty regarding the institution's campus safety
apparatus will provide for a more transparent and informed
campus community on the infrastructure and process in place,
and the assistance services available.
(11) Federal financial assistance with regard to providing
training, technical assistance, evaluation, and other
associated services will allow school security and
administration to understand the unique needs for the campus
and the assistance to implement the proper safety plan to
address those needs.
(12) Amending the Program Participation Agreement between
an institution of higher education and the Department of
Education to include hate crime programs provides substantial
assurance that campus climate and safety will become an
increasing priority and focal point to the higher education
community.
(13) Modifying the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act will enable
campus security and local law enforcement to more efficiently
collaborate in detailing and recording information on crimes,
including violence motivated by the actual or perceived race,
color, religion, national origin, gender, sexual orientation,
gender identity, or disability of the victim.
(14) The problem of crimes motivated by bias is
sufficiently serious, widespread, and interstate in nature as
to warrant Federal financial assistance to States and local
jurisdictions.
SEC. 53403. HATE CRIME PREVENTION AND RESPONSE.
Part B of title I of the Higher Education Act of 1965 is amended by
adding at the end the following:
``SEC. 124. HATE CRIME PREVENTION AND RESPONSE.
``(a) Restriction on Eligibility.--Notwithstanding any other
provision of law, no institution of higher education shall be eligible
to receive funds or any other form of financial assistance under any
program under title IV, unless the institution certifies to the
Secretary that the institution has adopted and has implemented a
program to prevent and adequately respond to hate crimes within the
jurisdiction of the institution or by students and employees that, at a
minimum, includes--
``(1) the annual distribution to each student and employee
of--
``(A) standards of conduct and the applicable
sanctions that clearly prohibit, at a minimum, the acts
or threats of violence, property damage, harassment,
intimidation, or other crimes that specifically target
an individual based on their race, religion, ethnicity,
handicap, sexual orientation, gender, or gender
identification by students and employees on the
institution's property or as a part of any of the
institution's activities;
``(B) a clear definition of what constitutes a hate
crime or hate incident under Federal and State law or
other applicable authority;
``(C) a description of the applicable legal
sanctions under local, State, or Federal law for
perpetrating a hate crime;
``(D) a description of any counseling, medical
treatment, or rehabilitation programs that are
available to students or employees that are victims of
hate crimes or other hate-based incidences;
``(E) a description of applicable services for
students to be able to switch dorms, classes, or make
other arrangements should they feel unsafe in those
spaces due to a hate crime which affects such space;
and
``(F) a distinct statement that the institution
will impose sanctions on students and employees
(consistent with local, State, and Federal law), and a
description of those sanctions, up to and including
expulsion or termination of employment and referral for
prosecution, for violations of the standards of conduct
required by subparagraph (A); and
``(2) a quadrennial review by the institution of the
institution's program to--
``(A) determine the program's effectiveness and
implement changes to the program if the changes are
needed;
``(B) determine the number of hate crimes and
fatalities that--
``(i) occur on the institution's campus (as
defined in section 485(f)(6)), or as part of
any of the institution's activities; and
``(ii) are reported to campus officials or
nonaffiliated local law enforcement agencies
with jurisdiction over the incident;
``(C) determine the number, type, and severity of
sanctions described in paragraph (1)(F) that are
imposed by the institution as a result of hate crimes
and fatalities on the institution's campus or as part
of any of the institution's activities; and
``(D) ensure that sanctions required by paragraph
(1)(F) are consistently enforced.
``(b) Information Availability.--Each institution of higher
education that provides the certification required by subsection (a)
shall, upon request, make available to the Secretary and to the public
a copy of each item required by subsection (a)(1) as well as the
results of the biennial review required by subsection (a)(2).
``(1) Regulations.--
``(A) In general.--The Secretary shall publish
regulations to implement and enforce the provisions of
this section, including regulations that provide for--
``(i) the periodic review of a
representative sample of programs required by
subsection (a); and
``(ii) a range of responses and sanctions
for institutions of higher education that fail
to implement their programs or to consistently
enforce their sanctions, including information
and technical assistance, the development of a
compliance agreement, and the termination of
any form of Federal financial assistance.
``(B) Inclusivity program.--The sanctions required
by subsection (a)(1)(F) that are imposed by the
institution of higher education, may include an
inclusivity program as an explicit condition of
remaining enrolled at the institution of higher
education, that the defendant successfully undertake
educational classes or community service directly
related to the community harmed by the respondent's
offense.
``(2) Appeals.--Upon determination by the Secretary to
terminate financial assistance to any institution of higher
education under this section, the institution may file an
appeal with an administrative law judge before the expiration
of the 30-day period beginning on the date such institution is
notified of the decision to terminate financial assistance
under this section. Such judge shall hold a hearing with
respect to such termination of assistance before the expiration
of the 45-day period beginning on the date that such appeal is
filed. Such judge may extend such 45-day period upon a motion
by the institution concerned. The decision of the judge with
respect to such termination shall be considered to be a final
agency action.
``(3) Hate crime prevention and response grants.--
``(A) Program authority.--The Secretary may make
grants to institutions of higher education or consortia
of such institutions, and enter into contracts with
such institutions, consortia, and other organizations,
to develop, implement, operate, improve, and
disseminate programs of prevention, and education to
reduce and eliminate hate crimes. Such grants or
contracts may also be used for the support of a higher
education center for hate crime prevention and response
that will provide training, technical assistance,
evaluation, dissemination, and associated services and
assistance to the higher education community as
determined by the Secretary and institutions of higher
education.
``(B) Awards.--Grants and contracts shall be
awarded under subparagraph (A) on a by needs basis.
``(C) Applications.--An institution of higher
education or a consortium of such institutions that
desires to receive a grant or contract under paragraph
(A) shall submit an application to the Secretary at
such time, in such manner, and containing or
accompanied by such information as the Secretary may
reasonably require by regulation.
``(D) Additional requirements.--
``(i) Participation.--In awarding grants
and contracts under this subsection the
Secretary shall make every effort to ensure--
``(I) the equitable participation
of private and public institutions of
higher education (including community
and junior colleges); and
``(II) the equitable geographic
participation of such institutions.
``(ii) Consideration.--In awarding grants
and contracts under this subsection the
Secretary shall give appropriate consideration
to institutions of higher education with
limited enrollment.
``(E) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection such sums as may be necessary for fiscal
year 2022 and each of the 5 succeeding fiscal years.
``(4) Definition.--The term `hate crime' means any criminal
offense perpetrated against a person or property that was
motivated in whole or in part by an offender's bias against a
race, religion, disability, sexual orientation, ethnicity,
gender, or gender identity.''.
SEC. 53404. CLERY ACT AMENDMENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) in clause (iii)--
(I) by striking ``encourage'' and
inserting ``require'';
(II) by inserting ``, including
hate crimes,'' after ``all crimes'';
and
(III) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(i) policies encourage officer
development training to specifically recognize,
prevent, and respond to hate crimes.''; and
(B) by adding at the end the following:
``(K) A statement of policy regarding hate-based crimes and
the enforcement of Federal and State hate crime laws and a
description of any hate crime prevention and response programs
required under section 124.''; and
(2) in paragraph (6)(A), by adding at the end the
following:
``(vi) The term `hate crime' has the
meaning given the term in section 124(b)(4).''.
SEC. 53405. PROGRAM PARTICIPATION AGREEMENTS.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30) The institution will have hate crime
prevention and response programs that the
institution has determined to be accessible to
any officer, employee, or student at the
institution and which meets the requirements of
section 124.''.
SEC. 53406. ACCREDITING AGENCY RECOGNITION.
Section 496(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)(5)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' after the
semicolon; and
(3) by inserting after subparagraph (J) and before the
flush text, the following:
``(K) safety objectives with respect to hate crimes
(defined in section 124(b)(4)) and the established
measures and policies to combat such crimes;''.
Subtitle GG--Educators Expense Deduction Modernization
SEC. 53501. SHORT TITLE.
This subtitle may be cited as the ``Educators Expense Deduction
Modernization Act''.
SEC. 53502. INCREASE IN DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY
AND SECONDARY SCHOOL TEACHERS.
(a) In General.--Section 62(a)(2)(D) of the Internal Revenue Code
of 1986 is amended by striking ``$250'' and inserting ``$500''.
(b) Inflation Adjustment.--Section 62(d)(3) of such Code is amended
to read as follows:
``(3) Inflation adjustment.--In the case of any taxable
year beginning after 2019, the $500 amount in subsection
(a)(2)(D) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2018' for `calendar year 2016' in
subparagraph (A)(ii) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to taxable years beginning December 31, 2018.
Subtitle HH--Beyond the Box for Higher Education
SEC. 53601. SHORT TITLE.
This subtitle may be cited as the ``Beyond the Box for Higher
Education Act of 2020''.
SEC. 53602. FINDINGS.
Congress finds the following:
(1) An estimated 70,000,000 Americans have some type of
arrest or conviction record that would appear in a criminal
background check.
(2) Each year, more than 600,000 people return to society
from State or Federal prison.
(3) Nearly 11,000,000 Americans are admitted to city and
county jails each year, with an average daily population of
more than 700,000 people.
(4) An estimated 2,100,000 youth under the age of 18 are
arrested every year in the United States.
(5) 1,700,000 juvenile delinquency cases are disposed of in
juvenile courts annually.
(6) Juvenile records are not always confidential; many
States disclose information about youth involvement with the
juvenile justice system or do not have procedures to seal or
expunge juvenile records.
(7) The compounding effects of collateral consequences due
to criminal justice involvement hinder the ability of
individuals to reenter society successfully.
(8) People of color and low-income people are
disproportionately impacted by the collateral consequences of
criminal justice involvement.
(9) Incarceration leads to decreased earnings,
unemployment, and poverty.
(10) Upon reentry, lower educational attainment, a lack of
work skills or history, and the stigma of a criminal record can
hinder a formerly incarcerated person's ability to return to
their communities successfully.
(11) One way to improve reentry outcomes is to increase
educational opportunities for people with a criminal or
juvenile justice history.
(12) By reducing rearrests and reconvictions, and by
increasing educational attainment, formerly incarcerated
individuals are better situated to find stable employment,
contributing to their communities.
SEC. 53603. BEYOND THE BOX FOR HIGHER EDUCATION.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. BEYOND THE BOX FOR HIGHER EDUCATION.
``(a) Training and Technical Assistance.--
``(1) In general.--The Secretary, acting through the Office
of Policy, Planning, and Innovation of the Office of
Postsecondary Education of the Department and with consultation
from the Department of Justice and relevant community
stakeholders, shall issue guidance and recommendations for
institutions of higher education to remove criminal and
juvenile justice questions from their application for
admissions process.
``(2) Guidance and recommendations.--The guidance and
recommendations issued under paragraph (1) shall include the
following:
``(A) If an institution of higher education
collects criminal or juvenile justice information on
applicants for admission, it is recommended that the
institution determine whether this information is
necessary to make an informed admission decision and
whether it would be appropriate to remove these
questions from the application.
``(B) If an institution of higher education
determines that it is appropriate to remove criminal or
juvenile justice questions from the institution's
application for admissions process, it is recommended
that the institution comply with the following:
``(i) If criminal or juvenile justice
questions are necessary for the other aspects
of the institution's interactions with
applicants, identify those specific
interactions in which it is appropriate to ask
such questions.
``(ii) In nonadmissions interactions,
inquire about criminal or juvenile justice
history transparently and clearly inform
applicants as early as possible how to respond
to the inquiry.
``(iii) In nonadmissions inquiries about
criminal or juvenile justice history, ensure
the questions are specific and narrowly
focused, and make it clear that answering the
questions may not negatively impact applicants'
chances of enrollment.
``(iv) In nonadmissions inquiries about
criminal or juvenile justice history, give
applicants the opportunity to explain criminal
or juvenile justice involvement and
preparedness for postsecondary study.
``(v) Provide staff of the institution who
have access to a prospective or current
student's criminal or juvenile justice history,
the necessary and proper training on the
effective use of criminal or juvenile justice
history data, including the problems associated
with this information, the types of supporting
documents that may need to be obtained, and the
appropriate privacy protections that must be
put in place.
``(C) If an institution of higher education
determines that it is necessary to inquire about the
criminal or juvenile justice history of applicants for
admission, it is recommended that the institution
comply with the following:
``(i) Delay the request for, or
consideration of, such information until after
an admission decision has been made to avoid a
chilling effect on applicants whose criminal or
juvenile justice involvement may ultimately be
determined irrelevant by the institution.
``(ii) Provide notice and justification for
applicants within 30 days if, upon receiving
information regarding applicants' criminal or
juvenile justice involvement, the admission to
the institution is denied or rescinded based
solely on the applicant's criminal or juvenile
justice involvement.
``(iii) Inquire about criminal or juvenile
justice history transparently and clearly
inform applicants as early as possible in the
application process how to respond to the
inquiry.
``(iv) Ensure the questions are specific
and narrowly focused.
``(v) Give applicants the opportunity to
explain criminal or juvenile justice
involvement and preparedness for postsecondary
study.
``(vi) Provide admissions personnel,
registrars, and any other relevant staff of the
institution, as well as any other staff that
should have access to a prospective or current
student's criminal or juvenile justice history,
the necessary and proper training on the
effective use of criminal or juvenile justice
history data, including the biases or
limitations associated with this information,
the types of supporting documents that may need
to be obtained, and the appropriate privacy
protections that must be put in place.
``(3) Training and technical assistance.--
``(A) In general.--The Secretary, acting through
the Office of Postsecondary Education of the
Department, shall use funds available to the Department
to provide institutions of higher education with
training and technical assistance on developing
policies and procedures aligned with the
recommendations described in paragraph (2).
``(B) Training.--The training described in
subparagraph (A) shall include--
``(i) training for admissions and financial
aid personnel and enrollment management staff
of an institution of higher education to
understand and evaluate an applicant if--
``(I) the institution makes a
determination under paragraph (2)(A) to
continue asking criminal or juvenile
justice history questions in the
admissions process; or
``(II) the institution makes a
determination under paragraph (2)(A) to
remove criminal or juvenile justice
history questions in the admissions
process, but continues to make criminal
or juvenile justice history inquiries
in nonadmissions settings;
``(ii) training to ensure that if an
institution does not ask criminal or juvenile
justice history questions, that proxy questions
or factors are not used in lieu of criminal or
juvenile justice history information;
``(iii) training for financial aid
personnel and any other staff of an institution
of higher education involved with campus
employment to provide guidance related to work
study programs or on campus employment
available to formerly incarcerated or juvenile
adjudicated individuals;
``(iv) training for registrars, academic
counselors, student housing staff, student life
staff, and any other staff of an institution of
higher education who would have access to a
student's criminal or juvenile justice
information when the student is an enrolled
student; and
``(v) training for career counselors to
ensure that students with involvement in the
criminal or juvenile justice system are
provided with targeted career guidance, made
aware of potential barriers to employment or
licensure, and provided assistance to respond
to these barriers.
``(b) Resource Center.--The Secretary shall develop a resource
center that will serve as the repository for--
``(1) best practices as institutions of higher education
develop and implement practices aligned with the
recommendations described in subsection (a)(2) to ensure the
successful educational outcomes of students with criminal or
juvenile justice histories; and
``(2) supplemental research on criminal and juvenile
justice-involved individuals and postsecondary education.''.
SEC. 53604. FINANCIAL AID.
Section 483(a) of the Higher Education Act of 1965 (20 U.S.C.
1090(a)) is amended by adding at the end the following:
``(13) Restriction on question of conviction for possession
or sale of illegal drugs.--Notwithstanding any other provision
of law, the Secretary shall not include on any form developed
under this section, a question about the conviction of an
applicant for the possession or sale of illegal drugs.''.
Subtitle II--United States Territories College Access
SEC. 53701. SHORT TITLE.
This subtitle may be cited as the ``United States Territories
College Access Act''.
SEC. 53702. PURPOSE.
It is the purpose of this subtitle to establish a program that
enables college-bound residents of the outlying areas to have greater
choices among institutions of higher education.
SEC. 53703. COLLEGE ACCESS GRANTS.
(a) Grants.--
(1) In general.--
(A) Allocation to outlying areas.--From the total
amount appropriated under subsection (n) for a fiscal
year, the Secretary shall allocate 25 percent to each
of the outlying areas to make grants to eligible
institutions in accordance with subparagraph (B).
(B) Grants to eligible institutions.--From the
amount allocated to an outlying area under subparagraph
(A) for a fiscal year, the Governor of the outlying
area shall carry out a program under which the Governor
awards grants to eligible institutions, on behalf of
each eligible student from the outlying area who is
enrolled in such institution, to pay the difference
between--
(i) the base amount of tuition and fees
charged to the eligible student; and
(ii) the base amount of tuition and fees
charged to a student of the institution who is
a resident of the State in which the
institution is located.
(2) Maximum student amounts.--The amount paid on behalf of
an eligible student under this section shall be--
(A) not more than $15,000 for any one award year
(as defined in section 481 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) not more than $45,000 in the aggregate.
(3) Proration.--In the case of a grant made under this
section on behalf of an eligible student who is attending an
eligible institution on a less than full-time basis, the amount
of the grant shall be reduced in proportion to the degree to
which that student is not so attending on a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant to
subsection (n) for any fiscal year are insufficient to enable
the Governor of an outlying area to award a grant in the amount
determined under subsection (a) on behalf of each eligible
student from the outlying area enrolled in an eligible
institution, then the Governor, in consultation with the
Secretary, shall--
(A) first, ratably reduce the amount of the tuition
and fee payment made on behalf of each eligible student
from the outlying area who has not received funds under
this section for a preceding year; and
(B) after making reductions under subparagraph (A),
ratably reduce the amount of the tuition and fee
payments made on behalf of all other eligible students
from the outlying area.
(2) Adjustments.--The Governor of an outlying area, in
consultation with the Secretary, may adjust the amount of
tuition and fee payments made under paragraph (1) based on--
(A) the financial need of the eligible students to
avoid undue hardship to the eligible students; or
(B) undue administrative burdens on the Governor.
(3) Further adjustments.--Notwithstanding paragraphs (1)
and (2), the Governor of an outlying area may prioritize the
making or amount of tuition and fee payments under this
subsection based on the income and need of eligible students.
(c) Rule of Construction.--Nothing in this section shall be
construed to require an institution of higher education to alter the
institution's admissions policies or standards in any manner to enable
an eligible student to enroll in the institution.
(d) Applications.--Each student desiring that a Governor award a
grant under this section to an eligible institution on behalf of the
student shall submit an application to the eligible institution at such
time, in such manner, and accompanied by such information as the
eligible institution may require.
(e) Employment Agreement.--
(1) In general.--Except as provided in subsection (f), each
application submitted under subsection (d) shall contain or be
accompanied by an agreement by the applicant that the applicant
will--
(A) maintain full-time employment within the
outlying area where the applicant was domiciled, as
described in subsection (l)(3)(A), for a period of not
less than 2 years within the 4-year period after the
date the applicant completes the course of study for
which the applicant received grant assistance under
this section; and
(B) submit evidence of such employment in the form
of a certification by the employer upon completion of
each year of such employment.
(2) Failure or refusal to carry out employment
obligation.--In the event that an applicant is determined to
have failed or refused to carry out the employment obligation
described in paragraph (1), the sum of the grant assistance
under this section received by such applicant shall be treated
as a loan and collected from the applicant in accordance with
subsection (f) and the policies and procedures under subsection
(h)(2).
(f) Repayment for Failure To Complete Employment.--In the event
that a student on whose behalf a grant is made under this section fails
or refuses to comply with the employment obligation in the agreement
under subsection (e), the sum of the amounts of any such grant received
by such student shall, upon a determination of such a failure or
refusal in such employment obligation, be treated as a loan, and shall
be subject to repayment, together with interest thereon accruing from
the date of the grant award, in accordance with terms and conditions
specified by the Governor through policies and procedures under
subsection (h)(2).
(g) Extenuating Circumstances.--
(1) In general.--Each Governor shall identify extenuating
circumstances under which a student on whose behalf a grant is
made under this section who is unable to fulfill all or part of
the student's employment obligation under subsection (e) may be
excused from fulfilling that portion of the employment
obligation.
(2) Continuous enrollment.--If a student on whose behalf a
grant is made under this section is continuously enrolled at an
institution of higher education in one or more
postbaccalaureate programs and is maintaining satisfactory
progress in the course of study the student is pursuing in
accordance with section 484(c) of the Higher Education Act of
1965 (20 U.S.C. 1091(c)), the employment obligation in the
agreement under subsection (e) shall begin once such recipient
is no longer continuously enrolled.
(h) Administration of Program.--
(1) In general.--Each Governor shall carry out the program
authorized under this section in consultation with the
Secretary. Each Governor may enter into a grant, contract, or
cooperative agreement with another public or private entity to
administer the program under this section if the Governor
determines that doing so is a more efficient way of carrying
out the program.
(2) Policies and procedures.--Each Governor, in
consultation with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
(3) Memorandum of agreement.--Each Governor and the
Secretary shall enter into a memorandum of agreement that
describes--
(A) the manner in which the Governor shall consult
with the Secretary with respect to administering the
program authorized under this section; and
(B) any technical or other assistance to be
provided to the Governor by the Secretary for purposes
of administering the program (which may include access
to the information in the common financial reporting
form developed under section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090)).
(i) Governor's Report.--Each Governor shall report to the
authorizing committees annually regarding--
(1) the number of eligible students from the outlying area
attending each eligible institution and the amount of the grant
assistance paid to such institutions on behalf of the eligible
students;
(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on behalf
of eligible students from the outlying area;
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students from the
outlying area for each year; and
(4) the number of eligible students whose grant assistance
under this section has been converted to a loan, and the
repayment of such loans.
(j) GAO Report.--Beginning on the date of enactment of this
section, the Comptroller General of the United States shall monitor the
effect of the program authorized under this section on educational
opportunities for eligible students. The Comptroller General shall
analyze whether eligible students had difficulty gaining admission to
eligible institutions because of any preference afforded in-State
residents by eligible institutions, and shall expeditiously report any
findings regarding such difficulty to the authorizing committees. In
addition, the Comptroller General shall--
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which students from outlying
areas can gain admission, including admission aided by
assistance provided under this section, due to--
(A) caps on the number of out-of-State students the
institution will enroll;
(B) significant barriers imposed by academic
entrance requirements (such as grade point average and
standardized scholastic admissions tests); and
(C) absence of admission programs benefitting
minority students; and
(2) report the findings of the analysis described in
paragraph (1) to the authorizing committees.
(k) General Requirements.--
(1) Personnel.--The Secretary shall arrange for the
assignment of an individual, pursuant to subchapter VI of
chapter 33 of title 5, United States Code, to serve as an
adviser to each Governor with respect to the program authorized
under this section.
(2) Administrative expenses.--Each Governor may use not
more than 5 percent of the funds made available for the program
authorized under this section for a fiscal year to pay the
administrative expenses of the program for the fiscal year.
(3) Inspector general review.--The program authorized under
this section shall be subject to audit and other review by the
Inspector General of the Department of Education in the same
manner as programs are audited and reviewed under the Inspector
General Act of 1978 (5 U.S.C. App.).
(4) Gifts.--Each Governor may accept, use, and dispose of
donations of services or property for purposes of carrying out
this section.
(5) Maximum student amount adjustments.--Each Governor
shall establish rules to adjust the maximum student amounts
described in subsection (a)(2)(B) for eligible students who
transfer between the eligible institutions.
(l) Definitions.--In this section:
(1) Authorizing committees.--The term ``authorizing
committees'' has the meaning given the term in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003).
(2) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public 4-year institution of higher
education located in one of the several States of the
United States, the District of Columbia, or the
Commonwealth of Puerto Rico;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with a Governor
containing such terms and conditions as the Governor
and institution may jointly specify, including a
requirement that the institution use the funds made
available under this section to supplement and not
supplant assistance that otherwise would be provided to
eligible students.
(3) Eligible student.--The term ``eligible student'' means
an individual who--
(A) was domiciled in the outlying area from which a
grant is sought under this section for not less than
the 12 consecutive months preceding the commencement of
the freshman year of the individual at an institution
of higher education;
(B) graduated from a secondary school in such
outlying area, or received the recognized equivalent of
a secondary school diploma while domiciled in such
outlying area, on or after January 1, 2015;
(C) begins the individual's undergraduate course of
study within the 3 calendar years (excluding any period
of service on active duty in the Armed Forces, or
service under the Peace Corps Act (22 U.S.C. 2501 et
seq.) or subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.)) of graduation from a secondary school, or
obtaining the recognized equivalent of a secondary
school diploma;
(D) is enrolled or accepted for enrollment, on at
least a half-time basis, in a baccalaureate degree or
other program (including a program of study abroad
approved for credit by the eligible institution at
which such student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c) of the Higher Education Act of 1965 (20
U.S.C. 1091(c));
(F) while enrolled in an eligible institution,
maintains the outlying area where the applicant was
domiciled pursuant to subparagraph (A) as the
individual's principal place of residence for purposes
of the laws of such outlying area; and
(G) has not completed the individual's first
undergraduate baccalaureate degree course of study.
(4) 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).
(5) Governor.--The term ``Governor'' means--
(A) the Governor of the United States Virgin
Islands, with respect to the grants authorized to be
made by such Governor under subsection (a);
(B) the Governor of the Commonwealth of the
Northern Mariana Islands, with respect to the grants
authorized to be made by such Governor under subsection
(a);
(C) the Governor of Guam, with respect to the
grants authorized to be made by such Governor under
subsection (a); and
(D) the Governor of American Samoa, with respect to
the grants authorized to be made by such Governor under
subsection (a).
(6) Outlying area.--The term ``outlying area'' means any of
those insular areas specified under section 8101(36)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(36)(A)).
(7) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--Except as used in paragraph (2)(A), the term
``State'' has the meaning given the term in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
(m) Effective Date.--This section shall take effect with respect to
payments for periods of instruction that begin on or after January 1,
2021.
(n) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of the
fiscal years 2022 through 2027, and such sums as may be necessary for
each of the succeeding fiscal years. Such funds shall remain available
until expended.
Subtitle JJ--Relief From Excessive Debt
SEC. 53901. SHORT TITLE.
This subtitle may be cited as the ``Relief from Excessive Debt
Act'' or the ``RED Act''.
SEC. 53902. EXCEPTION TO DISCHARGE.
Section 523(a) of title 11, United States Code, is amended--
(1) by striking paragraph (8); and
(2) by redesignating paragraphs (9) through (14B) as
paragraphs (8) through (14A), respectively.
SEC. 53903. CONFORMING AMENDMENTS.
Title 11, United States Code, is amended--
(1) in section 704(c)(1)(C)(iv)(I) by striking ``(14A)''
and inserting ``(14)'';
(2) in section 1106(c)(1)(C)(iv)(I) by striking ``(14A)''
and inserting ``(14)'';
(3) in section 1202(c)(1)(C)(iv)(I) by striking ``(14A)''
and inserting ``(14)''; and
(4) in section 1328(a)(2) by striking ``(8), or (9)'' and
inserting ``or (8)''.
SEC. 53904. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall take effect on
the date of the enactment of this Act.
(b) Application of Amendments.--The amendments made by this
subtitle shall apply only with respect to cases commenced under title
11 of the United States Code on or after the date of the enactment of
this Act.
Subtitle KK--Ending Punitive, Unfair, School-based Harm That Is Overt
and Unresponsive to Trauma
SEC. 54001. SHORT TITLE.
This subtitle may be cited as the ``Ending Punitive, Unfair,
School-based Harm that is Overt and Unresponsive to Trauma Act of
2020'' or the ``Ending PUSHOUT Act of 2020''.
SEC. 54002. PURPOSE.
It is the purpose of this subtitle to--
(1) strengthen data collection related to exclusionary
discipline practices in schools and the discriminatory
application of such practices, which disproportionately impacts
students of color, particularly girls of color;
(2) eliminate the discriminatory use and overuse of
exclusionary discipline practices based on actual or perceived
race, ethnicity, color, national origin, sex (including sexual
orientation, gender identity, pregnancy, childbirth, a medical
condition related to pregnancy or childbirth, or other
stereotype related to sex), or disability; and
(3) prevent the criminalization and pushout of students
from school, especially Black and brown girls, as a result of
educational barriers that include discrimination, punitive
discipline policies and practices, and a failure to recognize
and support students with mental health needs or experiencing
trauma.
SEC. 54003. STRENGTHENING CIVIL RIGHTS DATA COLLECTION WITH RESPECT TO
EXCLUSIONARY DISCIPLINE IN SCHOOLS.
(a) In General.--The Assistant Secretary for Civil Rights shall
annually carry out data collection authorized under section 203(c)(1)
of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)),
which shall include data with respect to students enrolled in a public
preschool, elementary, or secondary school (including traditional
public, charter, virtual, special education school, and alternative
schools) who received the following disciplinary actions during the
preceding school year:
(1) Suspension (including the classification of the
suspension as in-school suspension or out-of-school
suspension), which shall include data with respect to--
(A) the number of students who were suspended;
(B) the number and length of suspensions each such
student received;
(C) the reason for each such suspension,
including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance or
grooming policy;
(iii) an act of insubordination;
(iv) willful defiance; and
(v) a violation of a school code of
conduct; and
(D) the number of days of lost instruction due to
each out-of-school suspension.
(2) Expulsion, which shall include data with respect to--
(A) the number of students who were expelled; and
(B) the reason for each such expulsion, including--
(i) a violation of a zero-tolerance policy
and whether such violation was due to a violent
or nonviolent offense;
(ii) a violation of an appearance or
grooming policy;
(iii) an act of insubordination, willful
defiance, or violation of a school code of
conduct; and
(iv) the use of profane or vulgar language.
(3) The number of students subject to an out-of-school
transfer to a different school, including a virtual school, and
if so, the primary reason for each such transfer.
(4) The number of students subject to a referral to law
enforcement, including the primary reason for each such
referral, and whether such referral resulted in an arrest.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary, acting through the Assistant Secretary for Civil
Rights, shall submit to Congress a report on the data collected
under subsection (a).
(2) Requirements.--The report required under paragraph (1)
shall--
(A) identify, with respect to the data collected
under subsection (a), schools, local educational
agencies, and States that demonstrate, in the opinion
of the Secretary, the overuse and discriminatory use of
exclusionary disciplinary practices;
(B) be disaggregated and cross tabulated by--
(i) enrollment in a preschool or in an
elementary school and secondary school by grade
level;
(ii) race;
(iii) ethnicity;
(iv) sex (including, to the extent
possible, sexual orientation and gender
identity);
(v) low-income status;
(vi) disability status (including students
eligible for disability under the Individuals
with Disabilities Education Act (20 U.S.C. 1401
et. seq.) or section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794));
(vii) English learner status;
(viii) Tribal citizenship or descent, in
the first or second degree, of an Indian Tribe;
and
(ix) if applicable, pregnant and parenting
student status;
(C) be publicly accessible in multiple languages,
accessibility formats, and provided in a language that
parents, family, and community members can understand;
and
(D) be presented in a manner that protects the
privacy of individuals consistent with the requirements
of section 444 of the General Education Provisions Act
(20 U.S.C. 1232g), commonly known as the ``Family
Educational Rights and Privacy Act of 1974''.
SEC. 54004. GRANTS TO REDUCE EXCLUSIONARY SCHOOL DISCIPLINE PRACTICES.
(a) In General.--The Secretary shall award grants (which shall be
known as the ``Healing School Climate Grants''), on a competitive
basis, to eligible entities for the purpose of reducing the overuse and
discriminatory use of exclusionary discipline practices in schools.
(b) Application.--An eligible entity seeking 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, including an assurance that the eligible entity shall
prioritize schools with the highest rates of suspensions and
expulsions.
(c) Program Requirement.--An eligible entity that receives a grant
under subsection (a) shall prohibit the use of--
(1) out-of-school suspension or expulsion for any student
in preschool through grade 5 for incidents that do not involve
serious bodily injury;
(2) out-of-school suspension or expulsion for any student
in preschool through grade 12 for insubordination, willful
defiance, vulgarity, truancy, tardiness, chronic absenteeism,
or as a result of a violation of a grooming or appearance
policy;
(3) corporal punishment;
(4) mechanical and chemical restraints of students;
(5) physical restraints of students, except in situations
involving imminent danger of serious physical harm; and
(6) seclusion.
(d) Use of Funds.--
(1) Required uses.--An eligible entity that receives a
grant under this section shall use funds to--
(A) evaluate the current discipline policies of a
school and, in partnership with students (including
girls of color), the family members of students, and
the local community of such school, develop discipline
policies for such school to ensure that such policies
are not exclusionary or discriminately applied toward
students;
(B) provide training and professional development
for teachers, principals, school leaders, and other
school personnel to avoid or address the overuse and
discriminatory disproportionate use of exclusionary
discipline practices in schools and to create awareness
of implicit and explicit bias and use culturally
affirming practices, including training in--
(i) identifying and providing support to
students who may have experienced or are at
risk of experiencing trauma or have other
mental health needs;
(ii) administering and responding to
assessments on adverse childhood experiences;
(iii) providing student-centered, trauma-
informed positive behavior management
intervention and support that creates safe and
supportive school climates;
(iv) using restorative practices;
(v) using culturally and linguistically
responsive intervention strategies;
(vi) developing social and emotional
learning competencies; and
(vii) increasing student engagement and
improving dialogue between students and
teachers;
(C) implement evidence-based alternatives to
suspension or expulsion, including--
(i) multi-tier systems of support, such as
schoolwide positive behavioral interventions
and supports;
(ii) social, emotional, and academic
learning strategies designed to engage students
and avoid escalating conflicts; and
(iii) other data-driven approaches to
improving school environments;
(D) improve behavioral and academic outcomes for
students by creating a safe and supportive learning
environment and school climate, which may include--
(i) restorative practices with respect to
improving relationships among students, school
officials, and members of the local community,
which may include partnering with local mental
health agencies or nonprofit organizations;
(ii) access to mentors and peer-based
support programs;
(iii) extracurricular programs, including
sports and art programs;
(iv) social and emotional learning
strategies designed to engage students and
avoid escalating conflicts;
(v) access to counseling, mental health
programs, and trauma-informed care programs,
including suicide prevention programs; and
(vi) access to culturally responsive
curricula that affirms the history and
contributions of traditionally marginalized
people and communities;
(E) hire social workers, school counselors, trauma-
informed care personnel, and other mental health
personnel; and
(F) support the development, delivery, and analysis
of school climate surveys.
(2) Prohibited uses.--An eligible entity that receives a
grant under this section may not use funds to--
(A) hire or retain law enforcement personnel,
including school resource officers;
(B) purchase, maintain, or install surveillance
equipment, including metal detectors or software
programs that monitor or mine the social media use or
technology use of students;
(C) arm teachers, principals, school leaders, or
other school personnel; and
(D) enter into formal or informal partnerships or
data and information sharing agreements with--
(i) the Secretary of Homeland Security,
including agreements with U.S. Immigration and
Customs Enforcement or U.S. Customs and Border
Protection; or
(ii) local law enforcement agencies,
including partnerships that allow for hiring of
school-based police and school resource
officers.
(e) Technical Assistance.--The Secretary, in carrying out
subsection (a), may reserve not more than 2 percent of funds to provide
technical assistance to eligible entities, which may include--
(1) support for data collection, compliance, and analysis
of the activities of the program authorized under subsection
(a); and
(2) informational meetings and seminars with respect to the
application process under subsection (b).
(f) Eligible Entities.--In this section, the term ``eligible
entity'' means--
(1) 1 or more local educational agencies (who may be
partnered with a State educational agency), including a public
charter school that is a local educational agency under State
law or local educational agency operated by the Bureau of
Indian Education; or
(2) a nonprofit organization (defined as an organization
described in section 501(c)(3) of the Internal Revenue Code,
which is exempt from taxation under section 501(a) of such
Code) with a track record of success in improving school
climates and supporting students.
SEC. 54005. JOINT TASK FORCE TO END SCHOOL PUSHOUT OF GIRLS OF COLOR.
(a) Establishment.--The Secretary and the Secretary of Health and
Human Services shall establish and operate a joint task force to end
school pushout (in this section referred to as the ``Joint Task
Force'').
(b) Composition.--
(1) Chairs.--The Secretary and the Secretary of Health and
Human Services shall chair the Joint Task Force.
(2) Members.--The Joint Task Force shall be composed of--
(A) Native American girls;
(B) students, including Black and brown girls;
(C) teachers;
(D) parents with children in school;
(E) school officials;
(F) representatives from civil rights and
disability organizations;
(G) psychologists, social workers, trauma-informed
personnel, and other mental health professionals; and
(H) researchers with experience in behavioral
intervention.
(3) Advisory members.--In addition to the members under
paragraph (2), the Assistant Attorney General of the Civil
Rights Division of the Department of Justice and the Director
of the Bureau of Indian Education shall be advisory members of
the Joint Task Force.
(4) Member appointment.--Not later than 60 days after the
date of the enactment of this Act, the Secretary and the
Secretary of Health and Human Services shall appoint the
members of the Joint Task Force--
(A) in accordance with paragraph (2);
(B) using a competitive application process; and
(C) with consideration to the racial, ethnic,
gender, and geographic diversity of the Joint Task
Force.
(c) Study and Recommendations.--The Joint Task Force shall--
(1) conduct a study to--
(A) identify best practices for reducing the
overuse and discriminatory use of exclusionary
discipline practices; and
(B) determine to what extent exclusionary
discipline practices contribute to the criminalization
of--
(i) girls of color;
(ii) English learners;
(iii) Native American girls;
(iv) students who identify as lesbian, gay,
bisexual, transgender, queer, or questioning;
and
(v) students with disabilities; and
(2) develop recommendations based on the study conducted
under paragraph (1).
(d) Report.--Not later than 360 days after the date of the
enactment of this Act, and biannually thereafter, the Secretary and the
Secretary of Health and Human Services shall submit to Congress a
report on the recommendations under subsection (c)(2).
SEC. 54006. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated
$500,000,000 for each of fiscal years 2022 through 2026 to carry out
sections 54004 and 54005.
(b) Additional Funding to the Office for Civil Rights.--There is
authorized to be appropriated $500,000,000 for fiscal year 2022 through
2026, and each fiscal year thereafter, to carry out section 54003.
SEC. 54007. DEFINITIONS.
In this subtitle:
(1) Act of insubordination.--The term ``act of
insubordination'' means an act that disrupts a school activity
or instance when a student willfully defies the valid authority
of a school official.
(2) Appearance or grooming policy.--The term ``appearance
or grooming policy'' means any practice, policy, or portion of
a student conduct code that governs or restricts the appearance
of students, including policies that--
(A) restrict or prescribe clothing that a student
may wear (such as hijabs, headwraps, or bandanas);
(B) restrict specific hair styles (such as braids,
locks, twists, bantu knots, cornrows, extensions, or
afros); or
(C) restrict whether or how a student may apply
make-up, nail polish, or other cosmetics.
(3) Chemical restraint.--The term ``chemical restraint''
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by a licensed
physician or other qualified health professional acting
under the scope of the authority of a health
professional under State law.
(4) Direct supervision.--The term ``direct supervision''
means a student is physically in the same location as a school
official and such student is under the care of the school
official or school.
(5) Disability.--The term ``disability'' means a mental or
physical disability that meets the conditions set forth in
clauses (i) and (ii) of section 602(3)(A) of the Individuals
with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and
(ii)).
(6) Elementary and secondary education act terms.--The
terms ``elementary school'', ``English learner'', ``local
educational agency'', ``secondary school'', and ``State
educational agency'' has the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(7) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual regardless of
the designated sex at birth of the individual.
(8) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
(9) In-school suspension.--The term ``in-school
suspension'' means an instance in which a student is
temporarily removed from a regular classroom for at least half
a day but remains under the direct supervision of a school
official.
(10) Mechanical restraint.--The term ``mechanical
restraint'' has the meaning given the term in section 595(d)(1)
of the Public Health Service Act (42 U.S.C. 290jj(d)(1)),
except that the meaning shall be applied by substituting
``student'' for ``resident''.
(11) Multi-tier system of supports.--The term ``multi-tier
system of supports'' means a comprehensive continuum of
evidence-based, systemic practices to support a rapid response
to the needs of students, with regular observation to
facilitate data-based instructional decision making.
(12) Out-of-school suspension.--The term ``out-of-school
suspension'' means an instance in which a student is excluded
from school for disciplinary reasons by temporarily being
removed from regular classes to another setting, including a
home or behavior center, regardless of whether such
disciplinary removal is deemed as a suspension by school
officials.
(13) Physical escort.--The term ``physical escort'' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting ``student'' for
``resident''.
(14) Physical restraint.--The term ``physical restraint''
means a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(15) Positive behavior intervention and support.--The term
``positive behavior intervention and support'' means using a
systematic and evidence-based approach to achieve improved
academic and social outcomes for students.
(16) Pushout.--The term ``pushout'' means an instance when
a student leaves elementary, middle or secondary school,
including a forced transfer to another school, prior to
graduating secondary school due to overuse of exclusionary
discipline practices, failure to address trauma or other mental
health needs, discrimination, or other educational barriers
that do not support or promote the success of a student.
(17) School official.--The term ``school official'' means a
teacher, school principal, administrator, or other personnel
engaged in the performance of duties with respect to a school.
(18) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
where the student is physically prevented from leaving, and
does not include a time out.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(20) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section 1365(h)(3)
of title 18, United States Code.
(21) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(22) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students who qualify as ``a child with a
disability'' as that term is defined under section 602(3)(A)(i)
of the Individuals with Disabilities Education Act (20 U.S.C.
1401(3)(A)(i)) or are subject to section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794).
(23) Time out.--The term ``time out'' has the meaning given
the term in section 595(d)(5) of the Public Health Service Act
(42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting ``student'' for ``resident''.
(24) Zero-tolerance policy.--The term ``zero-tolerance
policy'' is a school discipline policy that results in an
automatic disciplinary consequence, including out-of-school
suspension, expulsion, and involuntary school transfer.
Subtitle LL--Building Resources Into Digital Growth and Education
SEC. 54101. SHORT TITLE.
This subtitle may be cited as the ``Building Resources Into Digital
Growth and Education Act of 2020'' or the ``BRIDGE Act of 2020''.
SEC. 54102. ESTABLISHMENT OF PROGRAM.
The National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the
end the following:
``PART D--DIGITAL NETWORK TECHNOLOGY PROGRAM
``SEC. 171. PROGRAM AUTHORIZED.
``The Secretary shall establish, within the Technology
Opportunities Program of the NTIA, a digital network technology program
through which the Secretary awards grants, cooperative agreements, and
contracts to eligible institutions to assist such institutions in
acquiring, and augmenting use by such institutions of, broadband
internet access service to improve the quality and delivery of
educational services provided by such institutions.
``SEC. 172. ACTIVITIES SUPPORTED.
``An eligible institution shall use a grant, contract, or
cooperative agreement awarded under this part--
``(1) to acquire broadband internet access service, digital
network technology, and infrastructure to further the objective
of the program described in section 171;
``(2) to develop and provide training, education, and
professional development programs, including faculty
development, to increase the use of, and usefulness of,
broadband internet access service;
``(3) to provide teacher education, including the provision
of preservice teacher training and in-service professional
development at eligible institutions, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use broadband internet access
service in the classroom or instructional process, including
instruction in science, mathematics, engineering, and
technology subjects;
``(4) to obtain capacity-building technical assistance,
including through remote technical support, technical
assistance workshops, and distance learning services;
``(5) to foster the use of broadband internet access
service to improve research and education, including
scientific, mathematics, engineering, and technology
instruction; or
``(6) to create or support centers at the eligible
institution designed to support innovation, opportunity, and
advancement for entrepreneurs and start-ups.
``SEC. 173. APPLICATION AND REVIEW PROCEDURES.
``(a) In General.--To be eligible to receive a grant, contract, or
cooperative agreement under this part, an eligible institution shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require. Such
application, at a minimum, shall include a description of how the funds
will be used, including a description of any digital network technology
to be acquired, and a description of how the institution will ensure
that broadband internet access service will be made accessible to, and
employed by, students, faculty, and administrators. The Secretary, in
consultation with the advisory council established under subsection (b)
and consistent with subsection (c), shall establish procedures to
review such applications. The Secretary shall publish the application
requirements and review criteria in the Federal Register, along with a
statement describing the availability of funds.
``(b) Advisory Council.--The Secretary shall establish an advisory
council to advise the Secretary on the best approaches to encourage
maximum participation by eligible institutions in the program
established under this part, and on the procedures to review
applications submitted to the program. In selecting the members of the
advisory council, the Secretary shall consult with representatives of
appropriate organizations, including representatives of eligible
institutions, to ensure that the membership of the advisory council
includes representatives of minority businesses and eligible
institution communities. The Secretary shall also consult with experts
in digital network technology to ensure that such expertise is
represented on the advisory council.
``(c) Review Panel.--Each application submitted under this part by
an eligible institution shall be reviewed by a panel of individuals
selected by the Secretary to judge the quality and merit of the
proposal, including the extent to which the eligible institution can
effectively and successfully utilize the proposed grant, cooperative
agreement, or contract to carry out the objective of the program
described in section 171. The Secretary shall ensure that the review
panels include representatives of eligible institutions and others who
are knowledgeable about eligible institutions and technology issues.
The Secretary shall ensure that no individual assigned under this
subsection to review any application has a conflict of interest with
regard to that application. The Secretary shall take into consideration
the recommendations of the review panel in determining whether to award
a grant, cooperative agreement, or contract to an eligible institution.
``SEC. 174. AWARDS.
``(a) Limitation.--An eligible institution that receives a grant,
cooperative agreement, or contract under this part that exceeds
$2,500,000 shall not be eligible to receive another grant, cooperative
agreement, or contract under this part.
``(b) Consortia.--Grants, cooperative agreements, and contracts
under this part may only be awarded to eligible institutions. Eligible
institutions may seek funding under this part for consortia, which may
include other eligible institutions, States or State educational
agencies, local educational agencies, institutions of higher education,
community-based organizations, national nonprofit organizations, or
businesses, including minority businesses.
``(c) Coordination and Partnership With Private Providers.--In
seeking funding under this part, eligible institutions are encouraged,
where feasible, to coordinate and partner with qualified private
providers of the services and activities supported under section 172.
``(d) Institutional Diversity.--In awarding grants, cooperative
agreements, and contracts under this part to eligible institutions, the
Secretary shall ensure, to the extent practicable, that awards are made
to all types of institutions eligible for assistance under this part.
``(e) Need.--In awarding grants, cooperative agreements, and
contracts under this part, the Secretary shall give priority to the
eligible institution with the greatest demonstrated need for
assistance.
``SEC. 175. INFORMATION DISSEMINATION.
``The Secretary shall convene an annual meeting of eligible
institutions receiving grants, cooperative agreements, or contracts
under this part to foster collaboration and capacity-building
activities among eligible institutions.
``SEC. 176. MATCHING REQUIREMENT.
``The Secretary may not award a grant, contract, or cooperative
agreement to an eligible institution under this part unless such
institution agrees that, with respect to the costs to be incurred by
the institution in carrying out the program for which the grant,
contract, or cooperative agreement was awarded, such institution will
make available (directly or through donations from public or private
entities) non-Federal contributions in an amount equal to 25 percent of
the amount of the grant, contract, or cooperative agreement awarded by
the Secretary, or $500,000, whichever is the lesser amount. The
Secretary shall waive the matching requirement for any institution or
consortium that, as of the date of the submission of the application
for the grant, contract, or cooperative agreement, has no endowment or
an endowment the value of which is less than $50,000,000.
``SEC. 177. ANNUAL REPORT AND EVALUATION.
``(a) Annual Report Required From Recipients.--Each eligible
institution that receives a grant, contract, or cooperative agreement
under this part shall provide an annual report to the Secretary on its
use of the grant, contract, or cooperative agreement.
``(b) Independent Assessments.--
``(1) Contract to conduct assessments.--Not later than 6
months after the date of the enactment of this part, the
Secretary shall enter into a contract with the National Academy
of Public Administration to conduct periodic assessments of the
program established under this part. The assessments shall be
conducted once every 3 years during the 10-year period
following the date of the enactment of this part.
``(2) Evaluations and recommendations.--The assessments
described in paragraph (1) shall include--
``(A) an evaluation of the effectiveness of the
program established under this part in improving the
education and training of students, faculty, and staff
at eligible institutions that have been awarded grants,
cooperative agreements, or contracts under this part;
``(B) an evaluation of the effectiveness of the
program in improving access to, and familiarity with,
digital network technology and broadband internet
access service for students, faculty, and staff at all
eligible institutions;
``(C) an evaluation of the procedures established
under section 173(a); and
``(D) recommendations for improving the program,
including recommendations concerning the continuing
need for Federal support.
``(3) Review of reports.--In carrying out the assessments
under this subsection, the National Academy of Public
Administration shall review the reports submitted to the
Secretary under subsection (a).
``(c) Report to Congress.--Upon completion of each assessment under
subsection (b), the Secretary shall transmit the assessment to Congress
along with a summary of the plans of the Secretary, if any, to
implement the recommendations of the National Academy of Public
Administration.''.
SEC. 54103. DEFINITIONS.
Section 102(a) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901(a)) is amended by adding
at the end the following:
``(6) The term `eligible institution' means--
``(A) an institution of higher education that is--
``(i) an institution described in section
371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a));
``(ii) an institution described in section
326(e)(1) of such Act (20 U.S.C. 1063b(e)(1));
``(iii) a minority institution (as defined
in section 365 of such Act (20 U.S.C. 1067k))
that has an enrollment of needy students (as
defined in section 312(d) of such Act (20
U.S.C. 1058(d))); or
``(iv) an institution determined by the
Secretary, in consultation with the Secretary
of Education, to have a substantial enrollment
of minority students who are eligible to
receive Federal Pell Grants under subpart 1 of
part A of title IV of such Act (20 U.S.C. 1070a
et seq.); or
``(B) a consortium of institutions described in
subparagraph (A).
``(7) The term `digital network technology' means computer
and communications equipment and software that facilitates the
transmission of information in a digital format.
``(8) The term `minority' means an American Indian, Alaskan
Native, Black (not of Hispanic origin), Hispanic (including
persons of Mexican, Puerto Rican, Cuban, and Central or South
American origin), or Pacific Islander individual.
``(9) The term `State' has the meaning given such term in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
``(10) The term `State educational agency' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(11) The term `institution of higher education' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
``(12) The term `local educational agency' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(13) The term `broadband internet access service' means a
mass-market retail service by wire or radio that provides the
capability to transmit data to, and receive data from, all or
substantially all internet endpoints, including any
capabilities that are incidental to, and enable the operation
of, the communications service, but excluding dial-up internet
access service. Such term also includes any service the
Commission finds to be providing a functional equivalent of
such service.''.
Subtitle MM--Supporting Trauma-Informed Education Practices
SEC. 54301. SHORT TITLE.
This subtitle may be cited as the ``Supporting Trauma-Informed
Education Practices Act of 2020''.
SEC. 54302. GRANTS TO IMPROVE TRAUMA SUPPORT SERVICES AND MENTAL HEALTH
CARE FOR CHILDREN AND YOUTH IN EDUCATIONAL SETTINGS.
(a) Grants, Contracts, and Cooperative Agreements Authorized.--The
Secretary, in coordination with the Assistant Secretary for Mental
Health and Substance Use, is authorized to award grants to, or enter
into contracts or cooperative agreements with, State educational
agencies, local educational agencies, Indian Tribes (as defined in
section 4 of the Indian Self-Determination and Education Assistance
Act) or their tribal educational agencies, a school operated by the
Bureau of Indian Education, a Regional Corporation, or a Native
Hawaiian educational organization, for the purpose of increasing
student access to evidence-based trauma support services and mental
health care by developing innovative initiatives, activities, or
programs to link local school systems with local trauma-informed
support and mental health systems, including those under the Indian
Health Service.
(b) Duration.--With respect to a grant, contract, or cooperative
agreement awarded or entered into under this section, the period during
which payments under such grant, contract, or agreement are made to the
recipient may not exceed 4 years.
(c) Use of Funds.--An entity that receives a grant, contract, or
cooperative agreement under this section shall use amounts made
available through such grant, contract, or cooperative agreement for
evidence-based activities, which shall include any of the following:
(1) Collaborative efforts between school-based service
systems and trauma-informed support and mental health service
systems to provide, develop, or improve prevention, screening,
referral, and treatment and support services to students, such
as providing trauma screenings to identify students in need of
specialized support.
(2) To implement schoolwide positive behavioral
interventions and supports, or other trauma-informed models of
support.
(3) To provide professional development to teachers,
teacher assistants, school leaders, specialized instructional
support personnel, and mental health professionals that--
(A) fosters safe and stable learning environments
that prevent and mitigate the effects of trauma,
including through social and emotional learning;
(B) improves school capacity to identify, refer,
and provide services to students in need of trauma
support or behavioral health services; or
(C) reflects the best practices for trauma-informed
identification, referral, and support developed by the
Interagency Task Force on Trauma-Informed Care.
(4) Services at a full-service community school that
focuses on trauma-informed supports, which may include a full-
time site coordinator, or other activities consistent with
section 4625 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7275).
(5) Engaging families and communities in efforts to
increase awareness of child and youth trauma, which may include
sharing best practices with law enforcement regarding trauma-
informed care and working with mental health professionals to
provide interventions, as well as longer term coordinated care
within the community for children and youth who have
experienced trauma and their families.
(6) To provide technical assistance to school systems and
mental health agencies.
(7) To evaluate the effectiveness of the program carried
out under this section in increasing student access to
evidence-based trauma support services and mental health care.
(8) To establish partnerships with or provide subgrants to
Head Start agencies (including Early Head Start agencies),
public and private preschool programs, child care programs
(including home-based providers), or other entities described
in subsection (a), to include such entities described in this
paragraph in the evidence-based trauma initiatives, activities,
support services, and mental health systems established under
this section in order to provide, develop, or improve
prevention, screening, referral, and treatment and support
services to young children and their families.
(d) Applications.--To be eligible to receive a grant, contract, or
cooperative agreement under this section, an entity described in
subsection (a) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require, which shall include the following:
(1) A description of the innovative initiatives,
activities, or programs to be funded under the grant, contract,
or cooperative agreement, including how such program will
increase access to evidence-based trauma support services and
mental health care for students, and, as applicable, the
families of such students.
(2) A description of how the program will provide
linguistically appropriate and culturally competent services.
(3) A description of how the program will support students
and the school in improving the school climate in order to
support an environment conducive to learning.
(4) An assurance that--
(A) persons providing services under the grant,
contract, or cooperative agreement are adequately
trained to provide such services; and
(B) teachers, school leaders, administrators,
specialized instructional support personnel,
representatives of local Indian Tribes or tribal
organizations as appropriate, other school personnel,
and parents or guardians of students participating in
services under this section will be engaged and
involved in the design and implementation of the
services.
(5) A description of how the applicant will support and
integrate existing school-based services with the program in
order to provide mental health services for students, as
appropriate.
(6) A description of the entities in the community with
which the applicant will partner or to which the applicant will
provide subgrants in accordance with subsection (c)(8).
(e) Interagency Agreements.--
(1) Local interagency agreements.--To ensure the provision
of the services described in subsection (c), a recipient of a
grant, contract, or cooperative agreement under this section,
or their designee, shall establish a local interagency
agreement among local educational agencies, agencies
responsible for early childhood education programs, Head Start
agencies (including Early Head Start agencies), juvenile
justice authorities, mental health agencies, child welfare
agencies, and other relevant agencies, authorities, or entities
in the community that will be involved in the provision of such
services.
(2) Contents.--In ensuring the provision of the services
described in subsection (c), the local interagency agreement
shall specify with respect to each agency, authority, or entity
that is a party to such agreement--
(A) the financial responsibility for the services;
(B) the conditions and terms of responsibility for
the services, including quality, accountability, and
coordination of the services; and
(C) the conditions and terms of reimbursement among
such agencies, authorities, or entities, including
procedures for dispute resolution.
(f) Evaluation.--The Secretary shall reserve not more than 3
percent of the funds made available under subsection (l) for each
fiscal year to--
(1) conduct a rigorous, independent evaluation of the
activities funded under this section; and
(2) disseminate and promote the utilization of evidence-
based practices regarding trauma support services and mental
health care.
(g) Distribution of Awards.--The Secretary shall ensure that
grants, contracts, and cooperative agreements awarded or entered into
under this section are equitably distributed among the geographical
regions of the United States and among tribal, urban, suburban, and
rural populations.
(h) Rule of Construction.--Nothing in this section shall be
construed--
(1) to prohibit an entity involved with a program carried
out under this section from reporting a crime that is committed
by a student to appropriate authorities; or
(2) to prevent Federal, State, and tribal law enforcement
and judicial authorities from exercising their responsibilities
with regard to the application of Federal, tribal, and State
law to crimes committed by a student.
(i) Supplement, Not Supplant.--Any services provided through
programs carried out under this section shall supplement, and not
supplant, existing mental health services, including any special
education and related services provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(j) Consultation With Indian Tribes.--In carrying out subsection
(a), the Secretary shall, in a timely manner, meaningfully consult with
Indian Tribes and their representatives to ensure notice of
eligibility.
(k) Definitions.--In this section:
(1) Elementary school.--The term ``elementary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) Evidence-based.--The term ``evidence-based'' has the
meaning given such term in section 8101(21)(A)(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(21)(A)(i)).
(3) Native hawaiian educational organization.--The term
``Native Hawaiian educational organization'' has the meaning
given such term in section 6207 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Regional corporation.--The term ``Regional
Corporation'' has the meaning given the term in section 3 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(6) School.--The term ``school'' means a public elementary
school or public secondary school.
(7) School leader.--The term ``school leader'' has the
meaning given such term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Secondary school.--The term ``secondary school'' has
the meaning given such term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(10) Specialized instructional support personnel.--The term
``specialized instructional support personnel'' has the meaning
given such term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(11) State educational agency.--The term ``State
educational agency'' has the meaning given such term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(l) Authorization of Appropriations.--There is authorized to be
appropriated, and there shall be appropriated, out of any money in the
Treasury not otherwise appropriated, to carry out this section,
$50,000,000 for each of fiscal years 2022 through 2026.
Subtitle NN--Preparing and Resourcing Our Student Parents and Early
Childhood Teachers
SEC. 54401. SHORT TITLE.
This subtitle may be cited as the ``Preparing and Resourcing Our
Student Parents and Early Childhood Teachers Act'' or the ``PROSPECT
Act''.
SEC. 54402. TABLE OF CONTENTS.
The table of contents of this subtitle is as follows:
Sec. 54401. Short title.
Sec. 54402. Table of contents.
Sec. 54403. Findings.
Part 1--Establishment of Infant and Toddler Child Care Leadership
Grants
Sec. 54411. Purpose.
Sec. 54412. Definitions.
Sec. 54413. Authorization of appropriations.
subpart a--general provisions
Sec. 54421. Program authorized.
Sec. 54422. Application; selection criteria.
Sec. 54423. Amount, duration, and administration of grants.
subpart b--planning and implementation grants
Sec. 54431. Grants authorized.
Sec. 54432. Planning grants.
Sec. 54433. Access grants providing infant and toddler child care for
community college or minority-serving
institution student parents.
Sec. 54434. Impact grants.
Sec. 54435. Pipeline grants.
Sec. 54436. Evaluation criteria for grants.
Sec. 54437. Report to Congress.
Sec. 54438. Nondiscrimination in programs and activities.
Part 2--Child Care and Development Block Grant Program
Sec. 54441. Eligibility.
Sec. 54442. Conforming amendments.
Sec. 54443. Increased Federal matching payments for child care.
Part 3--Outreach Regarding the Dependent Care Allowance for Federal
Student Aid
Sec. 54451. Sharing dependent care allowance information for Federal
student aid.
SEC. 54403. FINDINGS.
Congress finds the following:
(1) A child's brain grows at a faster rate between birth
and age 3 than at any later point in the child's lifetime.
(2) Decades of research shows that children under age 3
that receive quality child care are more likely to have the
behavioral, cognitive, and language skills development
necessary for success in school, college, and life.
(3) According to a 2018 survey, 83 percent of parents with
a child under age 5 responded that finding quality, affordable
child care was a serious problem in their area.
(4) In 2017, on average, center-based child care for an
infant cost 61 percent more than for a preschooler, over
$11,000 annually per child, and in 28 States, more than the
cost of public college tuition.
(5) In the 2015-2016 academic year, approximately 4,300,000
postsecondary education students were raising children while in
college, and over half of those students had children
preschool-aged or younger.
(6) According to a 2016 survey, 95 percent of child care
centers at 2-year and 4-year colleges across the United States
had a waiting list, with the average list containing 82
children.
(7) Student parents were 20 percent more likely to leave
college without a degree than students without children.
(8) The Child Care Access Means Parents in School Federal
Grant program under subpart 7 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070e et seq.) helps
over 3,300 students at institutions of higher education afford
child care each year, but this program impacts just 0.5 percent
of the entire student parent population, and many institutions
of higher education do not open their subsidized child care
programs to children under age 3.
(9) The share of community colleges and 4-year institutions
of higher education with on-campus child care has been in
decline. Community colleges saw a 10 percent decrease in the
number of campuses with child care between 2002 and 2017.
(10) Student parents are more likely to be enrolled at
community colleges and minority-serving institutions than other
institutions of higher education. Over a quarter of all
community college students are parents, and in the 2015-2016
academic year, 40 percent of Black women attending college were
parents, 3 times the rate for White male college students.
(11) Community colleges and minority-serving institutions
lead the higher education sector in educating infant and
toddler child care providers, especially child care providers
of color, so they are the optimal actors for driving quality
infant and toddler child care access in their regions.
PART 1--ESTABLISHMENT OF INFANT AND TODDLER CHILD CARE LEADERSHIP
GRANTS
SEC. 54411. PURPOSE.
The purposes of this part are to expand access to infant and
toddler child care for children of students at public community
colleges and at minority-serving institutions and to grow, diversify,
and strengthen the workforce pipeline of highly effective infant and
toddler child care providers, especially in communities of color and
infant and toddler child care deserts.
SEC. 54412. DEFINITIONS.
In this part:
(1) Community college.--The term ``community college''
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)), that provides an educational program of not less than
2 years that culminates in an associate degree and is
acceptable for full credit toward a baccalaureate degree.
(2) Community college or minority-serving institution
student parent.--The term ``community college or minority-
serving institution student parent'' means an individual who--
(A) is a parent or legal guardian of a child who
qualifies for infant and toddler child care; and
(B) is a full-time or part-time student at a
community college or minority-serving institution
participating in an eligible entity.
(3) Culturally responsive teaching.--The term ``culturally
responsive teaching'' means teaching--
(A) using the cultural characteristics,
experiences, and perspectives of ethnically diverse
students as conduits for teaching them more
effectively; and
(B) based on understanding the influences of race,
culture, and ethnicity in teaching and learning and
using the cultural experiences and contributions of
different ethnic groups as instrumental tools for
teaching academic and social knowledge and skills.
(4) Drop-in.--The term ``drop-in'', when used with respect
to child care--
(A) means child care that--
(i) does not require prescheduling a
definite number of scheduled days or hours per
week; or
(ii) is short term, such as less than 5
hours per day; and
(B) includes child care described in subparagraph
(A) that requires parents to provide 24-hour notice
before using the child care or provides child care
subject to availability.
(5) Dual language learner.--The term ``dual language
learner'' means a child who--
(A) is acquiring 2 or more languages at the same
time; or
(B) is learning a second language while continuing
to develop the child's first language, including a
child who may also be identified by a State or locality
as bilingual or limited English proficient or as an
English language learner, an English learner, or a
child who speaks a language other than English.
(6) Early childhood educator preparation program.--The term
``early childhood educator preparation program'' means a
postsecondary course of study that--
(A) is designed to prepare individuals to teach in
early childhood settings serving children between birth
and age 5; and
(B) leads to a degree (including an associate's,
bachelor's, or graduate degree) or a State or
nationally recognized credential enabling individuals
to teach in early childhood settings, including a child
development associate credential or a State teaching
license.
(7) Eligible entity.--The term ``eligible entity'' means--
(A) a community college;
(B) a minority-serving institution; or
(C) a consortium of 2 or more community colleges or
minority-serving institutions.
(8) Flex infant and toddler child care.--The term ``flex
infant and toddler child care'' means infant and toddler child
care for which a child is registered to attend weekly, but for
a total of less than five days per week.
(9) High school.--The term ``high school'' has the meaning
given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(10) Infant and toddler child care.--The term ``infant and
toddler child care'' means child care for children who are
under the age of 3 as of the first day of the academic year of
the applicable community college or minority-serving
institution.
(11) Infant and toddler child care desert.--The term
``infant and toddler child care desert'' means a community that
the State or tribal entity involved determines has a low supply
of quality, affordable infant and toddler child care.
(12) Infant or toddler with a disability.--The term
``infant or toddler with a disability'' has the meaning given
the term in section 632 of the Individuals with Disabilities
Education Act (20 U.S.C. 1432).
(13) Low-income.--The term ``low-income'' means an
individual from a family with an income at or below 150 percent
of the poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act) applicable to a
family of the size involved.
(14) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(15) Nontraditional hours.--The term ``nontraditional
hours'' means--
(A) the hours before 9 a.m. and after 4 p.m.; and
(B) any hours during weekends, breaks during the
academic year, and holidays.
(16) On-campus.--The term ``on-campus'', when used with
respect to a childcare center, means a childcare center that is
located on the campus of a community college or minority-
serving institution.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(18) Service area.--The term ``service area'', when used
with respect to an eligible entity, means the area served by
the eligible entity.
(19) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
SEC. 54413. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this part a
total of $9,000,000,000 for fiscal years 2022 through 2026.
Subpart A--General Provisions
SEC. 54421. PROGRAM AUTHORIZED.
(a) In General.--From amounts made available under section 54413,
the Secretary shall award to eligible entities--
(1) planning grants under section 54432;
(2) access grants under section 54433, which will provide
free high-quality child care for as many as 500,000 infants and
toddlers who have a community college or minority-serving
institution student parent, helping to reduce barriers that
impact the ability of community college or minority-serving
institution student parents attending community college or a
minority-serving institution to graduate, and reducing their
postgraduation debt;
(3) impact grants under section 54434, which will expand
the supply and quality of child care in the community by
providing training, mentorship, technical support, and
expansion funding to new and existing child care providers in
the service area of the eligible entity; and
(4) pipeline grants under section 54435, which will fund
eligible entities to--
(A) launch and expand early childhood educator
preparation programs; and
(B) form strategic partnerships with regional
institutions to expand, diversify, and strengthen the
workforce pipeline for infant and toddler care
providers.
(b) Administration.--In administering this part, the Secretary
shall--
(1) consult with the Secretary of Health and Human Services
with respect to all grants carried out under this subpart; and
(2) consult with the Administrator of the Small Business
Administration with respect to impact grants carried out under
section 54434.
SEC. 54422. APPLICATION; SELECTION CRITERIA.
(a) Application.--
(1) In general.--An eligible entity desiring a grant under
subpart B shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require.
(2) Contents.--An application submitted under paragraph (1)
shall include--
(A) a landscape review on the need for infant and
toddler child care within the current and prospective
student populations of the eligible entity and in the
broader service area of the eligible entity, with an
emphasis on community college or minority-serving
institution student parents in communities of color and
low-income parents;
(B) a landscape review of the infant and toddler
care workforce within the service area of the eligible
entity;
(C) a high-level vision (which, in the case of an
eligible entity desiring a planning grant under section
54432, will be clarified and adjusted through the needs
assessment and activities carried out under the grant)
for how to leverage 1 or more access, impact, or
pipeline grants under subpart B to enhance access and
quality in the infant and toddler child care landscape
of the service area of the eligible entity;
(D) a description of how the eligible entity will
advance child development (including social and
emotional development), family engagement, and
culturally responsive and linguistically responsive
pedagogy for infant and toddler child care within its
child care center or early childhood education programs
(as applicable), through professional development,
required coursework, or targeted outreach and
enrollment;
(E) an assurance that the eligible entity will
submit annual reports that document how funds were
allocated and the impact of the grant;
(F) a commitment that wages for child care staff at
each on-campus child care center of a participating
community college or minority-serving institution
during the grant period shall be--
(i) comparable to wages for elementary
educators with similar credentials and
experience in the State; and
(ii) at a minimum, at a rate that is enough
to provide a living wage for all child care
staff; and
(G) in the case of an impact, access, or pipeline
grant under subpart B, an assurance that the eligible
entity will continue to convene and consult an infant
and toddler care committee described in section
54432(a)(1).
(b) Selection Criteria.--
(1) In general.--The Secretary shall award grants under
subpart B on a competitive basis, in accordance with the
priorities described in paragraph (2), and in a manner that
supports eligible entities that--
(A) enroll a high percentage of students who are
eligible for a Federal Pell Grant under section 401 of
the Higher Education Act of 1965 (20 U.S.C. 1070a) and
who have children under age 3;
(B) are located within or in the immediate vicinity
of an infant and toddler child care desert; or
(C) have a clear and compelling plan for--
(i) in the case of a planning grant under
section 54432, carrying out the activities of
the planning grant;
(ii) in the case of an access grant under
section 54433, expanding access to free infant
and toddler child care for community college or
minority-serving institution student parents;
(iii) in the case of an impact grant under
section 54434, expanding the supply and quality
of child care in the community by providing
training, mentorship, technical support, and
startup funding, in collaboration with existing
child care agencies and organizations; or
(iv) in the case of a pipeline grant under
section 54435, growing and strengthening the
workforce pipeline of highly effective infant
and toddler child care providers, especially
such providers serving infant and toddler child
care deserts, by expanding early childhood
education programs or upgrading an on-campus
child care center into a lab school.
(2) Priorities in awarding grants.--In awarding grants
under subpart B, the Secretary shall, to the extent practicable
based on the strength of the applications and the availability
of appropriations--
(A) first, ensure that not less than 80 percent of
the funds appropriated for grants under subpart B are
awarded to eligible entities that are eligible
institutions, as defined in section 312(b) of the
Higher Education Act of 1965 (20 U.S.C. 1058(b));
(B) second, ensure that not less than 1 eligible
entity in each State is awarded a grant; and
(C) third, provide special consideration to
applications described in paragraph (3).
(3) Additional consideration and funding.--In awarding
grants under subpart B and subject to paragraph (2), the
Secretary shall provide special consideration, and may provide
additional funding as needed, including funding to exceed the
limits described in section 54423(a), for--
(A) applications for access grants under section
54433 that will provide--
(i) infant and toddler child care for
children of all ages between birth and age 3;
(ii) infant and toddler child care
available during nontraditional hours;
(iii) infant and toddler child care that
has the supports and staffing needed for
children who are dual language learners;
(iv) infant and toddler child care that has
the supports and staffing needed for children
in need of trauma-informed care and infants and
toddlers with disabilities, which may include
providing training for infant and toddler child
care staff to support the needs of infants and
toddlers with disabilities or coordinating with
service providers to deliver services under
section 619 or part C of the Individuals with
Disabilities Education Act (20 U.S.C. 1419;
1431 et seq.); and
(v) child care and aftercare for children
age 3 and older, especially for children that
age out of the infant and toddler child care
program supported under this part, and for
siblings of children enrolled in campus-
sponsored infant and toddler care; and
(B) applications for pipeline grants under section
54435 that propose to--
(i) develop and teach courses on culturally
responsive and linguistically responsive
teaching in early childhood education; and
(ii) develop and teach courses on
supporting infants and toddlers with
disabilities who are under age 3.
(c) Prerequisites for Access, Impact, and Pipeline Grants.--An
eligible entity shall receive and timely complete all requirements of a
planning grant under section 54432 before receiving an access, impact,
or pipeline grant under section 54433, 54434, or 54435.
SEC. 54423. AMOUNT, DURATION, AND ADMINISTRATION OF GRANTS.
(a) Amount of Grants.--Each grant awarded under subpart B to an
eligible entity shall be in an amount of--
(1) in the case of a grant awarded to an individual
community college or minority-serving institution, not more
than $20,000,000; and
(2) in the case of a grant to a consortium of community
colleges or minority-serving institutions, not more than
$220,000,000.
(b) Duration of Grants.--A grant awarded under subpart B shall be
for a period of 4 years, except that a planning grant awarded under
section 54432 shall be for a period of 1 year.
(c) Number of Grants.--
(1) Planning grants.--No eligible entity shall receive more
than 1 planning grant under section 54432.
(2) Impact, access, and pipeline grants.--An eligible
entity may receive multiple grants under sections 54433, 54434,
and 54435, including 2 or more grants under different sections
for the same grant period or for overlapping grant periods.
(d) Annual Grant Competitions.--The Secretary shall conduct annual
grant competitions for the grants under subpart B.
(e) Rule of Construction.--Nothing in this part shall be construed
to limit any program or grant established under any other Federal law,
including the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.),
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.), or the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.).
Subpart B--Planning and Implementation Grants
SEC. 54431. GRANTS AUTHORIZED.
From amounts made available under section 54413, the Secretary
shall award to eligible entities--
(1) planning grants under section 54432, to enable the
eligible entities to assess the infant and toddler care needs
of current and prospective community college or minority-
serving institution student parents and the surrounding
community and develop a detailed proposal to address such
needs;
(2) access grants under section 54433, which will provide
free high-quality child care for up to 500,000 children under
the age of 3 of community college or minority-serving
institution student parents, helping to reduce barriers that
impact the ability of community college or minority-serving
institution student parents to graduate, and reducing their
postgraduation debt;
(3) impact grants under section 54434, which will expand
the supply and quality of child care in the community by
providing training, mentorship, technical support, and
expansion funding to new and existing child care providers in
the service area of the eligible entities; and
(4) pipeline grants under section 54435, which will fund
eligible entities to--
(A) launch and expand early childhood educator
preparation programs; and
(B) form strategic partnerships with regional
institutions to expand, diversify, and strengthen the
workforce pipeline for infant and toddler child care
providers.
SEC. 54432. PLANNING GRANTS.
(a) Use of Funds.--An eligible entity receiving a grant under this
section shall use grant funds to--
(1) establish an infant and toddler child care committee
that is reflective and inclusive of the community being served
and composed of members who are--
(A) student parents at the participating community
college or minority-serving institution;
(B) faculty of any participating community college
or minority-serving institution;
(C) representatives of a local educational agency
(as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801))
serving the service area of the eligible entity;
(D) where applicable, a local public charter school
provider;
(E) representatives of a local child care resource
and referral agency; and
(F) infant and toddler child care professionals
(such as representatives from a local Head Start or
Early Head Start program, home-based infant and toddler
child care providers, and child care providers with
expertise working with infants or toddlers with
disabilities);
(2) conduct an infant and toddler child care needs
assessment of current and prospective community college or
minority-serving institution student parents, the infant and
toddler child care workforce, and the service area of the
eligible entity, that includes information on the level of need
for--
(A) infant and toddler child care during
nontraditional hours;
(B) 3-year-old child care, toddler care, and infant
care;
(C) care for infants and toddlers with
disabilities;
(D) care for children from households that speak a
language other than English; and
(E) child care in specific communities, especially
infant and toddler child care deserts;
(3) begin research, outreach, and planning for expanding
access to free infant and toddler child care for community
college or minority-serving institution student parents, which
may include drafting a delivery agreement with infant and
toddler child care providers in the community to provide infant
and toddler child care to community college or minority-serving
institution student parents; and
(4) develop a detailed proposal, with a focus on the needs
of parents of children under age 3, to address those needs,
which may include applying for an impact, access, or pipeline
grant under section 54433, 54434, or 54435.
(b) Reporting Requirements.--Not later than 30 days after the end
of a grant period under this section, the eligible entity that received
the grant shall prepare and submit a report to the Secretary that
includes--
(1) the results of the needs assessment conducted under
subsection (a)(2);
(2) the detailed proposal developed under subsection
(a)(4); and
(3) in the case of an eligible entity that desires an
impact, access, or pipeline grant under section 54433, 54434,
or 54435, an application for the grant.
SEC. 54433. ACCESS GRANTS PROVIDING INFANT AND TODDLER CHILD CARE FOR
COMMUNITY COLLEGE OR MINORITY-SERVING INSTITUTION STUDENT
PARENTS.
(a) Use of Grants.--An eligible entity receiving a grant under this
section shall use grant funds to expand access to free infant and
toddler child care for community college or minority-serving
institution student parents by carrying out 1 or more of the following:
(1) Paying the infant and toddler child care costs of
community college or minority-serving institution student
parents at an on-campus child care center, State licensed off-
campus child care center, or State licensed or registered home-
based child care provider.
(2)(A) Operating an on-campus child care center that
provides infant and toddler child care; or
(B) contracting with a child care provider that is
operating 1 or more child care centers (as of the date of the
contract) to operate an on-campus child care center that
provides infant and toddler child care.
(3) Coordinating with local child care resource and
referral agencies for services such as helping community
college or minority-serving institution student parents find
infant and toddler child care.
(4) Expanding the resources for existing on-campus child
care centers, as of the date of the application for the grant,
by--
(A) expanding the space of the center for infant
and toddler child care;
(B) purchasing equipment to be used for infant and
toddler child care; or
(C) hiring staff to accommodate additional children
under the age of 3.
(5) Lengthening the hours of an existing on-campus infant
and toddler child care center or keeping the on-campus infant
and toddler child care center open during breaks (including
summer).
(6) Establishing capacity for drop-in infant and toddler
child care or flex infant and toddler child care for the
children of community college or minority-serving institution
student parents.
(7) Renovating campus facilities to allow for the operation
of an on-campus child care center that--
(A) satisfies the standards that apply to
alterations or (as applicable) new construction under
title II or III of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), as
the case may be; and
(B)(i) meets a high-quality standard, according to
a State quality rating and improvement system or the
standards applicable to an Early Head Start program
under the Head Start Act (42 U.S.C. 9831 et seq.); or
(ii) is accredited through the National Association
for the Education of Young Children or another
organization of similar expertise, as determined by the
Secretary.
(b) Requirements of On-Campus Child Care Centers.--In order for an
on-campus child care center of a community college or minority-serving
institution participating in an eligible entity to be supported with
funds from a grant under this section, the on-campus child care center
shall meet the following requirements:
(1) The child care center shall be licensed by the State
and shall meet a high-quality standard described in subsection
(a)(7)(B)(i) or be accredited in accordance with subsection
(a)(7)(B)(ii).
(2) Children of community college or minority-serving
institution student parents shall receive priority enrollment
in the child care center, with priority going first to low-
income community college or minority-serving institution
student parents, although dependents of faculty and staff of
the community college or minority-serving institution and
community members may be enrolled once the enrollment needs of
all requesting community college or minority-serving
institution student parents are fulfilled.
(3) The child care center shall provide infant and toddler
child care to children of community college or minority-serving
institution student parents, without regard as to whether the
parent is a full-time or part-time student.
(4) Not less than 85 percent of the community college or
minority-serving institution student parents using the on-
campus child care center for infant and toddler child care
shall be eligible to receive Federal Pell Grants under section
401 of the Higher Education Act of 1965 (20 U.S.C. 401), except
that the Secretary may grant a waiver from this requirement if
the Secretary determines necessary.
(5) The child care center shall provide drop-in infant and
toddler child care for community college and minority-serving
institution student parents and may not impose minimum
enrollment requirements for children of community college or
minority-serving institution student parents. The Secretary
shall promulgate regulations that specify the percentage of
infant and toddler child care slots that must be reserved for
drop-in infant and toddler child care under this paragraph.
(6) The child care center--
(A) shall provide infant and toddler child care for
children under the age of 3 (as of the first day of the
academic year of the community college or minority-
serving institution supporting the child care center)
of community college and minority-serving institution
student parents for free;
(B) may charge faculty and staff of the community
college or minority institution and community members
fees, using a sliding scale based on family income, to
enroll their children in the child care center; and
(C) shall comply with the suspension and expulsion
performance standard for Head Start programs under
section 1302.17 of title 45, Code of Federal
Regulations, or any successor standard.
(7)(A) The child care center shall maintain a continuity of
care for the children of parents who--
(i) were community college or minority-serving
institution student parents during any reasonable or
unavoidable break in the parents' enrollment; or
(ii) transferred from a community college to a 4-
year minority-serving institution during the student's
enrollment at the 4-year institution.
(B) The child care center may charge a parent described in
subparagraph (A) a fee for the child care services provided
during the period when the parent is not enrolled in the
community college or minority-serving institution, using a
sliding scale based on family income during this period, as
long as the fee does not exceed 7 percent of the family's
income.
(8) The child care center shall pay its child care staff a
wage that--
(A) is comparable to wages for elementary educators
with similar credentials and experience in the State;
and
(B) at a minimum, provides a living wage for all
child care staff of the child care center.
(9) The child care center, if not a child care provider
covered by subsection (c) of section 658H of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858f), shall
comply with that section in the same manner and to the same
extent as such a child care provider, with respect to
background checks for child care staff members (including
prospective child care staff members) for the center.
(c) Consultation and Reports.--
(1) Consultation.--An eligible entity receiving a grant
under this section shall, for each year of the grant, consult
with an infant and toddler child care committee described in
section 54432(a)(2) regarding the results of the grant and the
contents of the annual report submitted to the Secretary.
(2) Reports.--An eligible entity receiving a grant under
this section shall, for each year of the grant, prepare and
submit a report to the Secretary that includes--
(A) the number of community college or minority-
serving institution student parents that received
access to State licensed or registered child care
because of the grant, in the aggregate and
disaggregated by age, gender, race and ethnicity,
family income, disability status, and full-time or
part-time enrollment status in the community college or
minority-serving institution;
(B) the number of children under age 3 enrolled in
each on-campus child care center supported under the
grant, disaggregated by age, gender, disability status,
marital status of parents, and race and ethnicity;
(C) for each on-campus child care center supported
under the grant, the number of suspensions of children
enrolled in the child care center, in the aggregate and
disaggregated by race and ethnicity, gender, and
disability status;
(D) the demographics, including race, ethnicity,
and gender of the staff and leadership of all child
care centers supported under the grant;
(E) the most frequent times of the day and days of
the week, and the average number of hours per week,
that on-campus child care centers were used by
community college or minority-serving institution
student parents, and the child care hours per week
provided to community college or minority-serving
institution student parents, disaggregated by child
care provided at nontraditional hours and traditional
daytime, weekday child care;
(F) semester-to-semester persistence and fall-to-
fall persistence rates of community college or
minority-serving institution student parents with
children enrolled in infant and toddler child care
sponsored by the community college or minority-serving
institution, compared to the persistence rate of
community college or minority-serving institution
student parents with children under 3 who are not
enrolled in community college or minority-serving
institution sponsored child care--
(i) collected in accordance with
regulations promulgated by the Secretary; and
(ii) in the aggregate and disaggregated as
described in subparagraph (A) and by the age of
the children of the community college or
minority-serving institution students;
(G) the degree or certificate completion rate of
community college minority-serving institution student
parents with children enrolled in child care that is
sponsored by the community college or minority-serving
institution and is not infant and toddler child care,
in the aggregate and disaggregated as described in such
subparagraph and by the age of the children of the
community college or minority-serving institution
student parents; and
(H) if grant funds are used to renovate campus
facilities under subsection (a)(7), proof of the on-
campus child care center's compliance with the
standards that apply to alterations or (as applicable)
new construction under title II or III of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.,
12181 et seq.), as the case may be.
(3) Cross-tabulation.--In each report submitted by an
eligible entity under paragraph (2), the eligible entity shall
also provide the information described in subparagraphs (A),
(B), (C), and (F)(ii) of such paragraph cross-tabulated by, at
a minimum, gender, disability status, and each major racial and
ethnic group, which shall be presented in a manner that--
(A) is first anonymized and does not reveal
personally identifiable information about an individual
community college or minority-serving institution
student parent or child enrolled in the child care
center;
(B) does not include a number of individuals in any
subgroup of community college or minority-serving
institution student parents or children enrolled in the
child care center that is insufficient to yield
statistically reliable information or that would reveal
personally identifiable information about an
individual; and
(C) is consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'').
(d) Definition.--In subsection (b)(9), the term ``child care staff
member'' means an individual--
(1) who is employed by a child care center covered by
subsection (b) for compensation; or
(2) whose activities involve the care or supervision of
children for, or unsupervised access to children who are cared
for or supervised by, such a child care center.
SEC. 54434. IMPACT GRANTS.
(a) Use of Funds.--Grants awarded under this section shall be used
by eligible entities to expand the supply and quality of child care in
the community by providing training, mentorship, technical support, and
startup funding, in collaboration with existing (as of the date of
application for the grant) child care agencies and organizations,
through carrying out 1 or more of the following activities:
(1) Contracting with local child care resource and referral
organizations to support onsite technical assistance for child
care providers, and training, mentorships, and business
technical assistance related to existing (as of the date of the
grant) or new start-up child care programs.
(2) Contracting with local child care resource and referral
organizations to provide staffed family child care networks,
such as a hub that supports a group of home-based care
providers to promote high-quality care.
(3) Establishing a network of child care providers in the
community, or partnering with an existing, as of the date of
application, provider or network (such as an Early Head Start
program operating in the community) to facilitate provider
access to training, coaching, mentorship, licensure, technical
support, and expansion funding.
(4) Developing content for training for community child
care providers (including home-based providers and unlicensed
providers) on strong child care business practices and other
supports and training the providers may require.
(5) Compensating qualified individuals to deliver training
for community members on providing high-quality child care.
(6) Awarding microenterprise grants for State licensed,
qualified early childhood education professionals, State
licensed child care centers, and State licensed or registered
home-based child care providers to open a child care program
that provides infant and toddler child care, or to expand
infant and toddler child care (including expanding access to
serve infants or toddlers with disabilities) at a child care
program in areas with low access to affordable, quality infant
and toddler child care.
(7) Developing and communicating clear pathways for
community child care providers and current and prospective
students of infant and toddler child care education,
particularly individuals with low incomes and from historically
underrepresented groups, to take advantage of professional
development, certificate, and associate degree offerings, for
the purpose of advancing their skills and careers.
(8) Prioritizing child care programs, pathways, and
resources in communities of color and low-income communities.
(9) Developing and delivering child care professional
development and courses in languages other than English.
(b) Rule Regarding Professional Development.--If an eligible entity
elects to use grant funds under this section for professional
development, the eligible entity shall ensure that--
(1) a portion of the professional development is open,
available, and easily accessible to unlicensed child care
providers and a portion of the professional development is
available to State licensed or registered child care providers;
and
(2) not more than 30 percent of the funds provided through
the grant under this section are allocated toward professional
development.
(c) Consultation and Reports.--
(1) Consultation.--An eligible entity receiving a grant
under this section shall, for each year of the grant, consult
with an infant and toddler child care committee described in
section 54432(a)(2) and the lead agency for the applicable
State designated under section 658D of the Child Care
Development and Block Grant Act of 1990 (42 U.S.C. 9858b)
regarding the results of the grant and the contents of the
annual report submitted to the Secretary.
(2) Reports.--An eligible entity receiving a grant under
this section shall, for each year of the grant, prepare and
submit a report to the Secretary that includes--
(A) the number of child care providers that
attended child care professional development sessions
coordinated by the eligible entity under the grant, and
the type of training received;
(B)(i) the number of child care providers fluent in
a language other than English that received
professional development through the grant, including
the number of such child care providers reached through
the development and delivery of coursework in languages
other than English; and
(ii) the number of such child care providers that
received professional development through the grant and
graduated with an infant toddler credential, a child
development associate credential, or associate degree
related to early childhood development;
(C) the number of community colleges or minority-
serving institutions that joined or established
networks of child care providers;
(D) the number of State licensed child care spots
created for children under 3 as a result of the
training or microenterprise grants provided, in the
aggregate and disaggregated by location in an infant
and toddler child care desert, location in a community
of color, and, for recipients of microenterprise grants
under subsection (a)(6), race, ethnicity, and gender of
recipient;
(E) the number of participants in mentorship
programs supported under the grant, in the aggregate
and disaggregated by race, ethnicity, and gender; and
(F) the number of community child care providers
receiving technical support from the on-campus child
care center or network or the child care resource and
referral agency under the grant.
(3) Cross-tabulation.--In each report submitted by an
eligible entity under paragraph (2), the eligible entity shall
also provide the information described in paragraph (2)(E)
cross-tabulated by, at a minimum, gender and each major racial
and ethnic group, which shall be presented in a manner that--
(A) is first anonymized and does not reveal
personally identifiable information about an individual
participant in a mentorship program;
(B) does not include a number of individuals in any
subgroup of mentorship program participants that is
insufficient to yield statistically reliable
information or that would reveal personally
identifiable information about an individual; and
(C) is consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'').
SEC. 54435. PIPELINE GRANTS.
(a) Use of Funds.--Grants awarded under this section shall be used
by eligible entities to grow and strengthen the workforce pipeline of
highly effective infant and toddler child care providers, especially
such providers serving infant and toddler child care deserts, through
carrying out 1 or more of the following activities:
(1) Establishing--
(A) an associate degree program that includes not
less than 2 courses specifically on infants and
toddlers; or
(B) a stackable child development associate
credential, infant toddler credential, or early
childhood education certificate, that can be
incorporated into a higher-level credential or
certificate.
(2) Hiring faculty to adopt and teach previously developed
competency-based high-quality infant-toddler courses, or to
develop and teach infant-toddler courses, which may include
courses required for an infant or toddler care certificate,
such as courses on child growth and development, the physical
and nutritional needs of children, communicating with families,
language development, child mental health, supporting infants
and toddlers with disabilities, and effective interactions with
children.
(3) Developing and executing a plan for increased
coordination between an early childhood educator preparation
program of a participating community college or minority-
serving institution and an on-campus child care center of the
community college or minority-serving institution, to enhance
the quality of both the child care and the early childhood
educator preparation program.
(4) Creating or enhancing a partnership between a
participating community college and a 4-year degree-granting
institution, to support and coordinate associate degree
programs or provide for articulation agreements in early
childhood education with related baccalaureate degree programs.
(5) Upgrading an on-campus child care center into a child
care lab school for the purpose of facilitating early childhood
educator preparation program practicum work, which may include
installing one-way observation windows or live-feed cameras.
(6) Awarding microgrants to students in early childhood
educator preparation programs for tuition, books,
transportation, permitting or licensing fees, apprenticeships,
and time spent doing practicum work.
(7) Developing and teaching courses on culturally
responsive teaching in early childhood education.
(8) Forming partnerships with local public high schools to
establish early childhood education career and technical
education programs, including programs that lead to a degree or
credential or provide opportunities for students to enter the
community college or minority-serving institution with
postsecondary credits that can be counted towards an early
childhood education certificate, credential, or degree.
(b) Consultation and Reports.--
(1) Consultation.--An eligible entity receiving a grant
under this section shall, for each year of the grant, consult
with an infant and toddler child care committee described in
section 54432(a)(2) regarding the results of the grant and the
contents of the annual report submitted to the Secretary.
(2) Reporting requirements.--An eligible entity receiving a
grant under this section shall, for each year of the grant,
prepare and submit a report to the Secretary that includes--
(A) the number of students that enrolled in early
childhood educator preparation programs due to the
support provided by the grant, in the aggregate and
disaggregated by credential or degree type of the
program and by age, gender, race or ethnic group,
ability to speak a second language, family income
level, disability status, and full-time or part-time
student status;
(B) the amount of funds allocated to early
childhood educator preparation program students through
microgrants under this section, in the aggregate and
disaggregated by usage of funds and by demographics of
the students receiving the microgrants, including age,
gender, race or ethnic group, second language ability,
parent status, family income level, disability status,
and full-time or part-time student status;
(C) the persistence, retention, and completion
rates of students receiving the microgrants, as
compared to such rates for students not receiving the
microgrants;
(D) the number of students dual-enrolled in high
school and a community college or minority-serving
institution early childhood educator preparation
program;
(E) the number of students that completed degrees,
certificates, or credentials in dual-enrollment
programs, in the aggregate and disaggregated by degree,
certificate, and credential type; and
(F) the details of any partnerships or articulation
agreements established with local public high schools
or local 4-year degree-granting institutions of higher
education.
(3) Cross-tabulation.--In each report submitted by an
eligible entity under paragraph (2), the eligible entity shall
also provide the information described in subparagraphs (A) and
(B) of such paragraph cross-tabulated by, at a minimum, gender,
each major racial and ethnic group, and disability status,
which shall be presented in a manner that--
(A) is first anonymized and does not reveal
personally identifiable information about an individual
student;
(B) does not include a number of individuals in any
subgroup of students that is insufficient to yield
statistically reliable information or that would reveal
personally identifiable information about an
individual; and
(C) is consistent with the requirements of section
444 of the General Education Provisions Act (20 U.S.C.
1232g, commonly known as the ``Family Educational
Rights and Privacy Act of 1974'').
SEC. 54436. EVALUATION CRITERIA FOR GRANTS.
For each year of the grant program under this part, the Secretary
shall evaluate the effectiveness of grants under chapter 1. Each
evaluation shall include the following criteria:
(1) For access grants awarded under section 54433--
(A) the number of community college or minority-
serving institution student parents that received
access to licensed or registered infant and toddler
child care due to the grant, in the aggregate and
disaggregated by age, gender, race or ethnic group,
family income level, disability status, marital status,
and full-time or part-time student status;
(B) the most frequent times, and the average number
of hours per week, that on-campus child care centers
were used by community college or minority-serving
institution student parents;
(C) semester-to-semester persistence and fall-to-
fall persistence rates of community college or
minority-serving institution student parents with
children enrolled in infant or toddler child care
sponsored by the community college or minority-serving
institution, compared to such rate for students with
children not enrolled in the community college or
minority-serving institution child care program, in the
aggregate and disaggregated by the categories described
in subparagraph (A); and
(D) degree and certificate completion rate of
community college or minority-serving institution
student parents with children enrolled in child care
sponsored by the community college or minority-serving
institution, compared to such rate for students with
children not enrolled in such a sponsored child care
program, in the aggregate and disaggregated by the
categories described in subparagraph (A).
(2) For impact grants awarded under section 54434--
(A) the number of attendees for the child care
professional development sessions coordinated by the
eligible entity under the grants;
(B) the number of community colleges or minority-
serving institutions that joined or established
networks of child care providers as a result of the
grants;
(C) the number of State licensed child care spots
created for children under 3 in infant and toddler
child care deserts and communities of color that were
established as a result of microenterprise grants
supported under section 54434(a)(6); and
(D) the number of child care providers fluent in a
language other than English that received professional
development under the grants.
(3) For pipeline grants under section 54435--
(A) the number of early childhood educator
preparation programs that were established with funding
under the grants;
(B) the number of existing early childhood educator
preparation programs that expanded course, certificate,
or degree offerings as a result of funding under the
grants;
(C) the number of students that enrolled in early
childhood educator preparation programs because of
funding provided under the grants, in the aggregate and
disaggregated by--
(i) type of degree or credential; and
(ii) student age, gender, race or ethnic
group, second language ability, family income
level, disability status, and status as
enrolled full- or part-time;
(D) the amount of funds allocated to early
childhood educator preparation program students through
microgrants supported under section 54435(a)(6), in the
aggregate and disaggregated by--
(i) category of usage of funds; and
(ii) the categories described in
subparagraph (C)(ii);
(E) persistence, retention, and completion rates of
students receiving such microgrants, as compared to
students not receiving microgrants;
(F) the number of new early childhood educator
preparation program partnerships formed between
community colleges or minority-serving institutions and
area high schools as a result of the grants;
(G) the number of students dual-enrolled in high
school and community college early childhood educator
preparation programs as a result of the grants; and
(H) the number of students that completed a degree
or credential in a dual-enrollment program as a result
of the grants, in the aggregate and disaggregated by
degree or credential.
SEC. 54437. REPORT TO CONGRESS.
The Secretary shall prepare and submit to Congress an annual report
on the grant program under this part that includes--
(1) the results from the most recent evaluation under
section 54436; and
(2) information regarding the progress made by the grants
based on the most recent reports submitted under sections
54432(b), 54433(c), 54434(c), and 54435(b).
SEC. 54438. NONDISCRIMINATION IN PROGRAMS AND ACTIVITIES.
(a) Nondiscrimination.--No person in the United States shall, on
the basis of actual or perceived race, color, religion, national
origin, sex (which includes sexual orientation, gender identity,
pregnancy, childbirth, medical conditions related to pregnancy or
childbirth, or sex stereotypes), or disability, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded, in whole or in
part, with funds made available under this part or with amounts
appropriated for grants, contracts, or certificates similar to a child
care certificate as defined in section 658P of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n), administered
with such funds.
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, as if such subsection was incorporated in
title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and
as if a violation of subsection (a) was treated as if it was a
violation of section 601 of such Act (42 U.S.C. 2000d).
(c) Rule of Construction.--Nothing in this section shall be
construed to alter or change any provisions of section 658N of the
Child Care and Development Block Grant of 1990 (42 U.S.C. 9858l).
PART 2--CHILD CARE AND DEVELOPMENT BLOCK GRANT PROGRAM
SEC. 54441. ELIGIBILITY.
(a) In General.--Section 658P(4)(C)(i) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(C)(i)) is
amended by striking ``job training or educational program'' and
inserting ``job training or educational program (which may be a program
of study at an institution of higher education (as defined in section
102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), a program of
secondary education, or a program of study leading to the recognized
equivalent of a secondary school diploma)''.
(b) Plan Requirements.--Section 658E(c)(2) of such Act (42 U.S.C.
9858c(c)(2)) is amended by adding at the end the following:
``(W) Eligibility standards.--The plan shall
contain an assurance that the State will not use any
requirement for the eligibility of a child under this
subchapter that is more restrictive than the
requirements of (including regulations issued under)
this subchapter, such as a family income standard, or a
work, training, or education standard, that is more
restrictive than the standards specified in section
658P(4).''.
SEC. 54442. CONFORMING AMENDMENTS.
Section 658H(c) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858f(c)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``or a child care center covered by section
54433(b) of the Preparing and Resourcing Our Student Parents
and Early Childhood Teachers Act'' before ``if such''; and
(2) in paragraph (2), by inserting ``, including a child
care center covered by section 54433(b) of the Preparing and
Resourcing Our Student Parents and Early Childhood Teachers
Act,'' before ``shall be ineligible''.
SEC. 54443. INCREASED FEDERAL MATCHING PAYMENTS FOR CHILD CARE.
Section 418(a)(2)(C) of the Social Security Act (42 U.S.C.
618(a)(2)(C)) is amended to read as follows:
``(C) Federal matching of state expenditures.--The
Secretary shall pay to each eligible State for a fiscal
year an amount equal to the lesser of--
``(i) the State's allotment under
subparagraph (B); or
``(ii) the sum of--
``(I) in the case of a State that
provides payments for child care
assistance for infants and toddlers
(within the meaning of section 658G of
the Child Care and Development Block
Grant Act of 1990) at not less than 75
percent of the market rates, based on
the most recent market rate survey
conducted under section 658E(c)(4)(B),
taking into account the geographic
area, type of child care, and age of
the child, 90 percent of the State's
expenditures for such assistance; and
``(II) the amount equal to the
Federal medical assistance percentage
that applies to the State for the
fiscal year under section 1905(b)
(without regard to any adjustments to
such percentage applicable under that
section or any other provision of law)
of so much of the State's expenditures
for child care in that fiscal year for
children other than infants and
toddlers.''.
PART 3--OUTREACH REGARDING THE DEPENDENT CARE ALLOWANCE FOR FEDERAL
STUDENT AID
SEC. 54451. SHARING DEPENDENT CARE ALLOWANCE INFORMATION FOR FEDERAL
STUDENT AID.
Section 132(h)(4) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)(4)) is amended--
(1) in the paragraph heading, by inserting ``and
information'' after ``Disclaimer'';
(2) in subparagraph (B), by striking ``and'' after the
semicolon;
(3) in subparagraph (C), by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(D) explaining--
``(i) that a student with a dependent may
be eligible to include a dependent care
allowance described in section 471(a)(8) in the
student's cost of attendance;
``(ii) the effect that a dependent care
allowance may have on the amount of financial
aid available to the student from the
institution; and
``(iii) how to apply for the dependent care
allowance.''.
Subtitle OO--Closing the College Hunger Gap
SEC. 54501. SHORT TITLE.
This subtitle may be cited as the ``Closing the College Hunger Gap
Act of 2020''.
SEC. 54502. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL
POSTSECONDARY STUDENT AID STUDY.
The Secretary of Education shall add questions that measure rates
of food and housing insecurity to the National Postsecondary Student
Aid Study.
SEC. 54503. INFORMATION ON SNAP ELIGIBILITY.
(a) In General.--Section 483 of the Higher Education Act of 1965
(20 U.S.C. 1090) is amended by adding at the end the following:
``(i) Information on SNAP Eligibility.--
``(1) In general.--For each year for which a student
described in paragraph (2) submits a form described in
subsection (a), the Secretary shall send to such student
information regarding potential eligibility for assistance
under, and application process for, the supplemental nutrition
assistance program established under the Food and Nutrition Act
of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form.
Both the written and electronic communication shall include
contact information for the State agency responsible for
administering the supplemental nutrition assistance program in
the State in which the student resides.
``(2) Students.--A student is described in this paragraph
if the student has an expected family contribution equal to
zero for the year.''.
(b) Consultation.--The Secretary of Education shall consult with
the Secretary of Agriculture, and the head of any other applicable
Federal or State agency, in designing the written and electronic
communication regarding potential eligibility for assistance under, and
application process for, the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.) as described in section 483(i) of the Higher Education Act of
1965 (20 U.S.C. 1090(i)).
SEC. 54504. EFFECTIVE DATE.
This subtitle and the amendment made by this subtitle shall take
effect 120 days after the date of enactment of this Act.
Subtitle PP--Transparency in Off-Campus Housing Act
SEC. 54601. SHORT TITLE.
This subtitle may be cited as the ``Transparency in Off-Campus
Housing Act''.
SEC. 54602. INSTITUTIONAL CALCULATIONS FOR OFF-CAMPUS ROOM AND BOARD.
(a) Authority To Prescribe Regulations.--Section 478(a) of the
Higher Education Act of 1965 (20 U.S.C. 1087rr(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to prescribe--
``(i) at least one methodology that
institutions of higher education (other than
institutions that receive a waiver under clause
(ii)) shall use in determining the allowance
for room and board costs incurred by students
described in subparagraph (A) of section 472(3)
and by students described in subparagraph (D)
of such section, that shall--
``(I) ensure that each such
allowance determination is sufficient
to cover reasonable room and board
costs incurred by the students for whom
such allowance is being determined; and
``(II) include the sources of
information that institutions shall use
in making each such allowance
determination; and
``(ii) a process for granting institutions
of higher education a waiver from the
requirements of clause (i), including--
``(I) a requirement that each
institution of higher education seeking
such a waiver submit to the Secretary--
``(aa) a description of the
methodology that the
institution will use for each
allowance determination
described in clause (i);
``(bb) an assurance that
each such allowance
determination meets the
requirements of clause (i)(I);
and
``(cc) a demonstration that
the institution will use
reliable sources of information
for each such allowance
determination; and
``(II) a requirement that each
institution of higher education that
receives such a waiver publicly
disclose on the website of the
institution the methodology and sources
of information used by the institution
for each allowance determination
described in clause (i).''; and
(2) by adding at the end the following:
``(3) Any regulation proposed by the Secretary under
paragraph (1)(C) of this subsection shall not be subject to the
requirements of paragraph (2).''.
(b) Requirement To Prescribe Regulations.--Not later than 18 months
after the date of enactment of this Act, the Secretary of Education
shall issue regulations that meet the requirements of subparagraph (C)
of section 478(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1087rr(a)(1)), as added by subsection (a).
Subtitle QQ--Passport Assistance for Disadvantaged Students Act of 2020
SEC. 54701. SHORT TITLE.
This subtitle may be cited as the ``Passport Assistance for
Disadvantaged Students Act of 2020''.
SEC. 54702. DEMONSTRATION PROGRAM.
(a) Authorization.--The Secretary shall carry out a pilot program
to make grants to institutions of higher education to--
(1) reimburse a student who is a Pell Grant recipient
enrolled at the institution for the costs of obtaining a United
States passport necessary for such student to participate in a
study abroad program; and
(2) in coordination with the Secretary of State, directly
pay the costs described in paragraph (1) in the case of a
United States passport event carried out by the Secretary of
State on the campus of such institution.
(b) Application.--To be eligible to receive a grant under this
section, an institution of higher education shall, not later than 1
year after the date of the enactment of this Act, submit an application
to the Secretary that includes--
(1) the number of Pell Grant recipients enrolled at the
institution that participated in a study abroad program during
each of the 5 years before the date of such application;
(2) an assurance that the institution will report to the
Secretary the number of Pell Grant recipients enrolled at the
institution that participated in a study abroad program
annually for each of the 4 years after the date on which the
application is submitted;
(3) a description of how the institution will engage in
student outreach in carrying a grant under this section;
(4) such other information as the Secretary may require.
(c) Awards.--
(1) Requirements.--Not later than 2 years after the date of
the enactment of this Act, the Secretary shall make grants
under subsection (a) to each of the following:
(A) A four-year public institution of higher
education.
(B) A public historically Black college or
university.
(C) A public Hispanic-serving institution.
(2) Other awards.--After making the awards required under
paragraph (1), the Secretary--
(A) may make grants to additional institutions of
higher education; and
(B) shall give priority under subparagraph (A) to
institutions of higher education with study abroad
programs that offer science, technology, engineering,
and math courses.
(d) Reporting Requirements.--
(1) Institution reporting.--An institution of higher
education that receives a grant under this section shall not
later than 1 year after receiving such grant submit to the
Secretary and the Secretary of State a report that includes--
(A) a description of the student outreach carried
out through a grant under this section; and
(B) the number of Pell Grant recipients who--
(i) obtained a United States passport
pursuant to such grant; and
(ii) participated in a study abroad program
in the year after the institution received such
grant.
(2) Department reporting.--Not later than 1 year after the
date of the enactment of this section, and annually for the 3
years thereafter, the Secretary, in coordination with the
Secretary of State, shall submit a report to Congress that
includes--
(A) a description of the awards made under this
section; and
(B) an assessment of the pilot program under this
section.
(e) Final Assessment.--Not later than 1 year after the date on
which the pilot program authority terminates under subsection (f), the
Secretary and the Secretary of State shall each--
(1) prepare an assessment of the pilot program, including a
recommendation as to whether--
(A) the pilot program should be continued and
expanded; or
(B) a similar program related to other higher
education programs, such as graduate and postgraduate
programs, community colleges, vocational programs, and
apprenticeship programs, should be carried out; and
(2) submit such assessment to Congress.
(f) Term.--The authority to carry out the pilot program under this
section shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for fiscal year 2022
and each of the succeeding 3 fiscal years.
(h) Definitions.--In this section:
(1) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given the term under
section 502 of the Higher Education Act of 1965 (20 U.S.C.
1101a).
(2) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' under section 322(2) of
the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act (20 U.S.C.
1002).
(4) Pell grant recipient.--The term ``Pell Grant
recipient'' means a recipient of financial aid under subpart 1
of part A of title IV of the Higher Education Act of 1965 (20
U.S.C. 1070a et seq.).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
Subtitle RR--STEM Opportunities Act
SECTION 54801. SHORT TITLE; FINDINGS.
(a) Short Title.--This title may be cited as the ``STEM
Opportunities Act of 2020''.
(b) Findings.--The Congress finds the following:
(1) Many reports over the past decade have found that it is
critical to our Nation's economic leadership and global
competitiveness that the United States educates and trains more
scientists and engineers.
(2) Research shows that women and minorities who are
interested in STEM careers are disproportionately lost at
nearly every educational transition and at every career
milestone.
(3) The National Center for Science and Engineering
Statistics at the National Science Foundation collects,
compiles, analyzes, and publishes data on the demographics of
STEM degrees and STEM jobs in the United States.
(4) Women now earn nearly 37 percent of all STEM bachelor's
degrees, but major variations persist among fields. In 2017,
women earned only 20 percent of all bachelor's degrees awarded
in engineering and 19 percent of bachelor's degrees awarded in
computer sciences. Based on Bureau of Labor Statistics data,
jobs in computing occupations are expected to account for
nearly 60 percent of the projected annual growth of newly
created STEM job openings from 2016 to 2026.
(5) In 2017, underrepresented minority groups comprised 39
percent of the college-age population of the United States, but
only 18 percent of students who earned bachelor's degrees in
STEM fields. The Higher Education Research Institute at the
University of California, Los Angeles, found that, while
freshmen from underrepresented minority groups express an
interest in pursuing a STEM undergraduate degree at the same
rate as all other freshmen, only 22.1 percent of Latino
students, 18.4 percent of African-American students, and 18.8
percent of Native American students studying in STEM fields
complete their degree within 5 years, compared to approximately
33 percent of White students and 42 percent of Asian students
who complete their degree within 5 years.
(6) In some STEM fields, including the computer sciences,
women persist at about the same rate through doctorate degrees.
In other STEM fields, women persist through doctorate degrees
at a lower rate. In mathematics, women earn just 26 percent of
doctorate degrees compared with 42 percent of undergraduate
degrees. Overall, women earned 38 percent of STEM doctorate
degrees in 2016. The rate of minority students earning STEM
doctorate degrees in physics is 9 percent, compared with 15
percent for bachelor's degree. Students from underrepresented
minority groups accounted for only 11.5 percent of STEM
doctorate degrees awarded in 2016.
(7) The representation of women in STEM drops significantly
from the doctorate degree level to the faculty level. Overall,
women hold only 26 percent of all tenured and tenure-track
positions and 27 percent of full professor positions in STEM
fields in our Nation's universities and 4-year colleges. Black
and Hispanic faculty together hold about 6.8 percent of all
tenured and tenure-track positions and 7.5 percent of full
professor positions. Many of the numbers in the American Indian
or Alaskan Native and Native Hawaiian or Other Pacific Islander
categories for different faculty ranks were too small for the
National Science Foundation to report publicly without
potentially compromising confidential information about the
individuals being surveyed.
(8) The representation of women is especially low at our
Nation's top research universities. Even in the biological
sciences, in which women now earn more than 50 percent of the
doctorates and passed the 25 percent level 37 years ago, women
make up only 25 percent of the full professors at the
approximately 100 most research-intensive universities in the
United States. In the physical sciences and mathematics, women
make up only 11 percent of full professors, in computer
sciences only 10 percent, and across engineering fields only 7
percent. The data suggest that approximately 6 percent of all
tenure-track STEM faculty members at the most research-
intensive universities are from underrepresented minority
groups, but in some fields the numbers are too small to report
publicly.
(9) By 2050, underrepresented minorities will comprise 52
percent of the college-age population of the United States. If
the percentage of female students and students from
underrepresented minority groups earning bachelor's degrees in
STEM fields does not significantly increase, the United States
will face an acute shortfall in the overall number of students
who earn degrees in STEM fields just as United States companies
are increasingly seeking students with those skills. With this
impending shortfall, the United States will almost certainly
lose its competitive edge in the 21st century global economy.
(10) According to a 2014 Association for Women in Science
survey of over 4,000 scientists across the globe, 70 percent of
whom were men, STEM researchers face significant challenges in
work-life integration. Researchers in the United States were
among the most likely to experience a conflict between work and
their personal life at least weekly. One-third of researchers
surveyed said that ensuring good work-life integration has
negatively impacted their careers, and, of researchers
intending to leave their current job within the next year, 9
percent indicated it was because they were unable to balance
work and life demands.
(11) Female students and students from underrepresented
minority groups at institutions of higher education who see few
others ``like themselves'' among faculty and student
populations often do not experience the social integration that
is necessary for success in all disciplines, including STEM.
(12) One in five children in the United States attend
school in a rural community. The data shows that rural students
are at a disadvantage with respect to STEM readiness. Among
STEM-interested students, 17 percent of students in rural high
schools and 18 percent of students in town-located high schools
meet the ACT STEM Benchmark, compared with 33 percent of
students in suburban high schools and 27 percent of students in
urban high schools.
(13) A substantial body of evidence establishes that most
people hold implicit biases. Decades of cognitive psychology
research reveal that most people carry prejudices of which they
are unaware but that nonetheless play a large role in
evaluations of people and their work. Unintentional biases and
outmoded institutional structures are hindering the access and
advancement of women, minorities, and other groups historically
underrepresented in STEM.
(14) Workshops held to educate faculty about unintentional
biases have demonstrated success in raising awareness of such
biases.
(15) In 2012, the Office of Diversity and Equal Opportunity
of the National Aeronautics and Space Administration (in this
subtitle referred to as ``NASA'') completed a report that--
(A) is specifically designed to help NASA grant
recipients identify why the dearth of women in STEM
fields continues and to ensure that it is not due to
discrimination; and
(B) provides guidance that is usable by all
institutions of higher education receiving significant
Federal research funding on how to conduct meaningful
self-evaluations of campus culture and policies.
(16) The Federal Government provides 55 percent of research
funding at institutions of higher education and, through its
grant-making policies, has had significant influence on
institution of higher education policies, including policies
related to institutional culture and structure.
SEC. 54802. PURPOSES.
The purposes of this subtitle are as follows:
(1) To ensure that Federal science agencies and
institutions of higher education receiving Federal research and
development funding are fully engaging the entire talent pool
of the United States.
(2) To promote research on, and increase understanding of,
the participation and trajectories of women, minorities, and
other groups historically underrepresented in STEM studies and
careers, including persons with disabilities, older learners,
veterans, and rural, poor, and tribal populations, at
institutions of higher education and Federal science agencies,
including Federal laboratories.
(3) To raise awareness within Federal science agencies,
including Federal laboratories, and institutions of higher
education about cultural and institutional barriers limiting
the recruitment, retention, promotion, and other indicators of
participation and achievement of women, minorities, and other
groups historically underrepresented in academic and Government
STEM research careers at all levels.
(4) To identify, disseminate, and implement best practices
at Federal science agencies, including Federal laboratories,
and at institutions of higher education to remove or reduce
cultural and institutional barriers limiting the recruitment,
retention, and success of women, minorities, and other groups
historically underrepresented in academic and Government STEM
research careers.
(5) To provide grants to institutions of higher education
to recruit, retain, and advance STEM faculty members from
underrepresented minority groups and to implement or expand
reforms in undergraduate STEM education in order to increase
the number of students from underrepresented minority groups
receiving degrees in these fields.
SEC. 54803. FEDERAL SCIENCE AGENCY POLICIES FOR CAREGIVERS.
(a) OSTP Guidance.--Not later than 6 months after the date of
enactment of this Act, the Director, in consultation with relevant
agencies, shall provide guidance to each Federal science agency to
establish policies that--
(1) apply to all--
(A) research awards granted by such agency; and
(B) principal investigators of such research who
have caregiving responsibilities, including care for a
newborn or newly adopted child and care for an
immediate family member who is sick or disabled; and
(2) provide--
(A) flexibility in timing for the initiation of
approved research awards granted by such agency;
(B) no-cost extensions of such research awards;
(C) grant supplements, as appropriate, to research
awards for research technicians or equivalent positions
to sustain research activities conducted under such
awards; and
(D) any other appropriate accommodations at the
discretion of the director of each such agency.
(b) Uniformity of Guidance.--In providing guidance under subsection
(a), the Director shall encourage uniformity and consistency in the
policies established pursuant to such guidance across all Federal
science agencies.
(c) Establishment of Policies.--Consistent with the guidance under
subsection (a), Federal science agencies shall--
(1) maintain or develop and implement policies for
individuals described in paragraph (1)(B) of such subsection;
and
(2) broadly disseminate such policies to current and
potential grantees.
(d) Data on Usage.--Federal science agencies shall--
(1) collect data on the usage of the policies under
subsection (c), by gender, at both institutions of higher
education and Federal laboratories; and
(2) report such data on an annual basis to the Director in
such form as required by the Director.
SEC. 54804. COLLECTION AND REPORTING OF DATA ON FEDERAL RESEARCH
GRANTS.
(a) Collection of Data.--
(1) In general.--Each Federal science agency shall collect,
as practicable, with respect to all applications for merit-
reviewed research and development grants to institutions of
higher education and Federal laboratories supported by that
agency, the standardized record-level annual information on
demographics, primary field, award type, institution type,
review rating, budget request, funding outcome, and awarded
budget.
(2) Uniformity and standardization.--The Director, in
consultation with the Director of the National Science
Foundation, shall establish a policy to ensure uniformity and
standardization of the data collection required under paragraph
(1).
(3) Record-level data.--
(A) Requirement.--Beginning not later than 2 years
after the date of the enactment of this Act, and on an
annual basis thereafter, each Federal science agency
shall submit to the Director of the National Science
Foundation record-level data collected under paragraph
(1) in the form required by such Director.
(B) Previous data.--As part of the first submission
under subparagraph (A), each Federal science agency, to
the extent practicable, shall also submit comparable
record-level data for the 5 years preceding the date of
such submission.
(b) Reporting of Data.--The Director of the National Science
Foundation shall publish statistical summary data, as practicable,
collected under this section, disaggregated and cross-tabulated by
race, ethnicity, gender, and years since completion of doctoral degree,
including in conjunction with the National Science Foundation's report
required by section 37 of the Science and Technology Equal
Opportunities Act (42 U.S.C. 1885d; Public Law 96-516).
SEC. 54805. POLICIES FOR REVIEW OF FEDERAL RESEARCH GRANTS.
(a) In General.--Each Federal science agency shall implement the
policy recommendations with respect to reducing the impact of implicit
bias at Federal science agencies and grantee institutions as developed
by the Office of Science and Technology Policy in the 2016 report
entitled ``Reducing the Impact of Bias in the STEM Workforce'' and any
subsequent updates.
(b) Pilot Activity.--In consultation with the National Science
Foundation and consistent with policy recommendations referenced in
subsection (a), each Federal science agency shall implement a 2-year
pilot orientation activity for program officers and members of standing
review committees to educate reviewers on research related to, and
minimize the effects of, implicit bias in the review of extramural and
intramural Federal research grants.
(c) Establishment of Policies.--Drawing upon lessons learned from
the pilot activity under subsection (b), each Federal science agency
shall maintain or develop and implement evidence-based policies and
practices to minimize the effects of implicit bias in the review of
extramural and intramural Federal research grants.
(d) Assessment of Policies.--Federal science agencies shall
regularly assess, and amend as necessary, the policies and practices
implemented pursuant to subsection (c) to ensure effective measures are
in place to minimize the effects of implicit bias in the review of
extramural and intramural Federal research grants.
SEC. 54806. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY.
(a) Collection of Data.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, and at least every 5 years thereafter,
the Director of the National Science Foundation shall carry out
a survey to collect data from grantees on the demographics of
STEM faculty, by broad fields of STEM, at different types of
institutions of higher education.
(2) Considerations.--To the extent practicable, the
Director of the National Science Foundation shall consider, by
gender, race, ethnicity, citizenship status, and years since
completion of doctoral degree--
(A) the number and percentage of faculty;
(B) the number and percentage of faculty at each
rank;
(C) the number and percentage of faculty who are in
nontenure-track positions, including teaching and
research;
(D) the number and percentage of faculty who are
reviewed for promotion, including tenure, and the
percentage of that number who are promoted, including
being awarded tenure;
(E) faculty years in rank;
(F) the number and percentage of faculty to leave
tenure-track positions;
(G) the number and percentage of faculty hired, by
rank; and
(H) the number and percentage of faculty in
leadership positions.
(b) Existing Surveys.--The Director of the National Science
Foundation, may, in modifying or expanding existing Federal surveys of
higher education (as necessary)--
(1) take into account the considerations under subsection
(a)(2) by collaborating with statistical centers at other
Federal agencies; or
(2) award a grant or contract to an institution of higher
education or other nonprofit organization to take such
considerations into account.
(c) Reporting Data.--The Director of the National Science
Foundation shall publish statistical summary data collected under this
section, including as part of the National Science Foundation's report
required by section 37 of the Science and Technology Equal
Opportunities Act (42 U.S.C. 1885d; Public Law 96-516).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation
$3,000,000 in each of fiscal years 2022 through 2024 to develop and
carry out the initial survey required under subsection (a).
SEC. 54807. CULTURAL AND INSTITUTIONAL BARRIERS TO EXPANDING THE
ACADEMIC AND FEDERAL STEM WORKFORCE.
(a) Best Practices at Institutions of Higher Education and Federal
Laboratories.--
(1) Development of guidance.--Not later than 12 months
after the date of enactment of this Act, the Director, in
consultation with the interagency working group on inclusion in
STEM, shall develop written guidance for institutions of higher
education and Federal laboratories on the best practices for--
(A) conducting periodic climate surveys of STEM
departments and divisions, with a particular focus on
identifying any cultural or institutional barriers to
the recruitment, retention, or advancement of women,
racial and ethnic minorities, and other groups
historically underrepresented in STEM studies and
careers; and
(B) providing educational opportunities, including
workshops as described in subsection (b), for STEM
faculty, research personnel, and administrators to
learn about current research on implicit bias in
recruitment, evaluation, and promotion of undergraduate
and graduate students and research personnel.
(2) Existing guidance.--In developing the guidance under
paragraph (1), the Director shall utilize guidance already
developed by Federal science agencies.
(3) Dissemination of guidance.--Federal science agencies
shall broadly disseminate the guidance developed under
paragraph (1) to institutions of higher education that receive
Federal research funding and Federal laboratories.
(4) Establishment of policies.--Consistent with the
guidance developed under paragraph (1)--
(A) the Director of the National Science Foundation
shall develop a policy that--
(i) applies to, at a minimum, doctoral
degree granting institutions that receive
Federal research funding; and
(ii) requires each such institution, not
later than 3 years after the date of enactment
of this Act, to report to the Director of the
National Science Foundation on activities and
policies developed and implemented based on the
guidance developed under paragraph (1); and
(B) each Federal science agency with a Federal
laboratory shall maintain or develop and implement
practices and policies for the purposes described in
paragraph (1) for such laboratory.
(b) Workshops To Address Cultural Barriers to Expanding the
Academic and Federal STEM Workforce.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Director, in consultation with the
interagency working group on inclusion in STEM, shall recommend
a uniform policy for Federal science agencies to carry out a
program of workshops that educate STEM department chairs at
institutions of higher education, senior managers at Federal
laboratories, and other federally funded researchers about
methods that minimize the effects of implicit bias in the
career advancement, including hiring, tenure, promotion, and
selection for any honor based in part on the recipient's
research record, of academic and Federal STEM researchers.
(2) Interagency coordination.--The Director shall, to the
extent practicable, ensure that workshops supported under this
subsection are coordinated across Federal science agencies and
jointly supported as appropriate.
(3) Minimizing costs.--To the extent practicable, workshops
shall be held in conjunction with national or regional STEM
disciplinary meetings to minimize costs associated with
participant travel.
(4) Priority fields for academic participants.--In
considering the participation of STEM department chairs and
other academic researchers, the Director shall prioritize
workshops for the broad fields of STEM in which the national
rate of representation of women among tenured or tenure-track
faculty or nonfaculty researchers at doctorate-granting
institutions of higher education is less than 25 percent,
according to the most recent data available from the National
Center for Science and Engineering Statistics.
(5) Organizations eligible to carry out workshops.--A
Federal science agency may carry out the program of workshops
under this subsection by making grants to organizations made
eligible by the Federal science agency and any of the following
organizations:
(A) Nonprofit scientific and professional societies
and organizations that represent one or more STEM
disciplines.
(B) Nonprofit organizations that have the primary
mission of advancing the participation of women,
minorities, or other groups historically
underrepresented in STEM.
(6) Characteristics of workshops.--The workshops shall have
the following characteristics:
(A) Invitees to workshops shall include at least--
(i) the chairs of departments in the
relevant STEM discipline or disciplines from
doctoral degree granting institutions that
receive Federal research funding; and
(ii) in the case of Federal laboratories,
individuals with personnel management
responsibilities comparable to those of an
institution of higher education department
chair.
(B) Activities at the workshops shall include
research presentations and interactive discussions or
other activities that increase the awareness of the
existence of implicit bias in recruitment, hiring,
tenure review, promotion, and other forms of formal
recognition of individual achievement for faculty and
other federally funded STEM researchers and shall
provide strategies to overcome such bias.
(C) Research presentations and other workshop
programs, as appropriate, shall include a discussion of
the unique challenges faced by different
underrepresented groups, including minority women,
minority men, persons from rural and underserved areas,
persons with disabilities, gender and sexual minority
individuals, and first generation graduates in
research.
(D) Workshop programs shall include information on
best practices for mentoring undergraduate, graduate,
and postdoctoral women, minorities, and other students
from groups historically underrepresented in STEM.
(7) Data on workshops.--Any proposal for funding by an
organization seeking to carry out a workshop under this
subsection shall include a description of how such organization
will--
(A) collect data on the rates of attendance by
invitees in workshops, including information on the
home institution and department of attendees, and the
rank of faculty attendees;
(B) conduct attitudinal surveys on workshop
attendees before and after the workshops; and
(C) collect follow-up data on any relevant
institutional policy or practice changes reported by
attendees not later than 1 year after attendance in
such a workshop.
(8) Report to nsf.--Organizations receiving funding to
carry out workshops under this subsection shall report the data
required in paragraph (7) to the Director of the National
Science Foundation in such form as required by such Director.
(c) Report to Congress.--Not later than 4 years after the date of
enactment of this Act, the Director of the National Science Foundation
shall submit a report to Congress that includes--
(1) a summary and analysis of the types and frequency of
activities and policies developed and carried out under
subsection (a) based on the reports submitted under paragraph
(4) of such subsection; and
(2) a description and evaluation of the status and
effectiveness of the program of workshops required under
subsection (b), including a summary of any data reported under
paragraph (8) of such subsection.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation
$1,000,000 in each of fiscal years 2022 through 2026 to carry out this
section.
SEC. 54808. RESEARCH AND DISSEMINATION AT THE NATIONAL SCIENCE
FOUNDATION.
(a) In General.--The Director of the National Science Foundation
shall award research grants and carry out dissemination activities
consistent with the purposes of this subtitle, including--
(1) research grants to analyze the record-level data
collected under section 54804 and section 54806, consistent
with policies to ensure the privacy of individuals identifiable
by such data;
(2) research grants to study best practices for work-life
accommodation;
(3) research grants to study the impact of policies and
practices that are implemented under this subtitle or that are
otherwise consistent with the purposes of this subtitle;
(4) collaboration with other Federal science agencies and
professional associations to exchange best practices, harmonize
work-life accommodation policies and practices, and overcome
common barriers to work-life accommodation; and
(5) collaboration with institutions of higher education in
order to clarify and catalyze the adoption of a coherent and
consistent set of work-life accommodation policies and
practices.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Science Foundation
$5,000,000 in each of fiscal years 2022 through 2026 to carry out this
section.
SEC. 54809. RESEARCH AND RELATED ACTIVITIES TO EXPAND STEM
OPPORTUNITIES.
(a) National Science Foundation Support for Increasing Diversity
Among Stem Faculty at Institutions of Higher Education.--Section 305 of
the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5) is
amended--
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Support for Increasing Diversity Among STEM Faculty at
Institutions of Higher Education.--
``(1) In general.--The Director of the Foundation shall
award grants to institutions of higher education (or consortia
thereof) for the development and assessment of innovative
reform efforts designed to increase the recruitment, retention,
and advancement of individuals from underrepresented minority
groups in academic STEM careers.
``(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by grants under
this subsection may include--
``(A) institutional assessment activities, such as
data analyses and policy review, in order to identify
and address specific issues in the recruitment,
retention, and advancement of faculty members from
underrepresented minority groups;
``(B) implementation of institution-wide
improvements in workload distribution, such that
faculty members from underrepresented minority groups
are not disadvantaged in the amount of time available
to focus on research, publishing papers, and engaging
in other activities required to achieve tenure status
and run a productive research program;
``(C) development and implementation of training
courses for administrators and search committee members
to ensure that candidates from underrepresented
minority groups are not subject to implicit biases in
the search and hiring process;
``(D) development and hosting of intra- or inter-
institutional workshops to propagate best practices in
recruiting, retaining, and advancing faculty members
from underrepresented minority groups;
``(E) professional development opportunities for
faculty members from underrepresented minority groups;
``(F) activities aimed at making undergraduate STEM
students from underrepresented minority groups aware of
opportunities for academic careers in STEM fields;
``(G) activities to identify and engage exceptional
graduate students and postdoctoral researchers from
underrepresented minority groups at various stages of
their studies and to encourage them to enter academic
careers; and
``(H) other activities consistent with paragraph
(1), as determined by the Director of the Foundation.
``(4) Selection process.--
``(A) Application.--An institution of higher
education (or a consortium of such institutions)
seeking funding under this subsection shall submit an
application to the Director of the Foundation at such
time, in such manner, and containing such information
and assurances as such Director may require. The
application shall include, at a minimum, a description
of--
``(i) the reform effort that is being
proposed for implementation by the institution
of higher education;
``(ii) any available evidence of specific
difficulties in the recruitment, retention, and
advancement of faculty members from
underrepresented minority groups in STEM
academic careers within the institution of
higher education submitting an application, and
how the proposed reform effort would address
such issues;
``(iii) how the institution of higher
education submitting an application plans to
sustain the proposed reform effort beyond the
duration of the grant; and
``(iv) how the success and effectiveness of
the proposed reform effort will be evaluated
and assessed in order to contribute to the
national knowledge base about models for
catalyzing institutional change.
``(B) Review of applications.--In selecting grant
recipients under this subsection, the Director of the
Foundation shall consider, at a minimum--
``(i) the likelihood of success in
undertaking the proposed reform effort at the
institution of higher education submitting the
application, including the extent to which the
administrators of the institution are committed
to making the proposed reform effort a
priority;
``(ii) the degree to which the proposed
reform effort will contribute to change in
institutional culture and policy such that
greater value is placed on the recruitment,
retention, and advancement of faculty members
from underrepresented minority groups;
``(iii) the likelihood that the institution
of higher education will sustain or expand the
proposed reform effort beyond the period of the
grant; and
``(iv) the degree to which evaluation and
assessment plans are included in the design of
the proposed reform effort.
``(C) Grant distribution.--The Director of the
Foundation shall ensure, to the extent practicable,
that grants awarded under this section are made to a
variety of types of institutions of higher education.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$8,000,000 for each of fiscal years 2022 through 2026.''.
(b) National Science Foundation Support for Broadening
Participation in Undergraduate STEM Education.--Section 305 of the
American Innovation and Competitiveness Act (42 U.S.C. 1862s-5), as
amended by subsection (b), is further amended by inserting after
subsection (e) the following:
``(f) Support for Broadening Participation in Undergraduate STEM
Education.--
``(1) In general.--The Director of the Foundation shall
award grants to institutions of higher education (or a
consortium of such institutions) to implement or expand
research-based reforms in undergraduate STEM education for the
purpose of recruiting and retaining students from minority
groups who are underrepresented in STEM fields.
``(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
``(3) Use of funds.--Activities supported by grants under
this subsection may include--
``(A) implementation or expansion of innovative,
research-based approaches to broaden participation of
underrepresented minority groups in STEM fields;
``(B) implementation or expansion of bridge,
cohort, tutoring, or mentoring programs, including
those involving community colleges and technical
schools, designed to enhance the recruitment and
retention of students from underrepresented minority
groups in STEM fields;
``(C) implementation or expansion of outreach
programs linking institutions of higher education and
K-12 school systems in order to heighten awareness
among pre-college students from underrepresented
minority groups of opportunities in college-level STEM
fields and STEM careers;
``(D) implementation or expansion of faculty
development programs focused on improving retention of
undergraduate STEM students from underrepresented
minority groups;
``(E) implementation or expansion of mechanisms
designed to recognize and reward faculty members who
demonstrate a commitment to increasing the
participation of students from underrepresented
minority groups in STEM fields;
``(F) expansion of successful reforms aimed at
increasing the number of STEM students from
underrepresented minority groups beyond a single course
or group of courses to achieve reform within an entire
academic unit, or expansion of successful reform
efforts beyond a single academic unit or field to other
STEM academic units or fields within an institution of
higher education;
``(G) expansion of opportunities for students from
underrepresented minority groups to conduct STEM
research in industry, at Federal labs, and at
international research institutions or research sites;
``(H) provision of stipends for students from
underrepresented minority groups participating in
research;
``(I) development of research collaborations
between research-intensive universities and primarily
undergraduate minority-serving institutions;
``(J) support for graduate students and
postdoctoral fellows from underrepresented minority
groups to participate in instructional or assessment
activities at primarily undergraduate institutions,
including primarily undergraduate minority-serving
institutions and 2-year institutions of higher
education; and
``(K) other activities consistent with paragraph
(1), as determined by the Director of the Foundation.
``(4) Selection process.--
``(A) Application.--An institution of higher
education (or a consortia thereof) seeking a grant
under this subsection shall submit an application to
the Director of the Foundation at such time, in such
manner, and containing such information and assurances
as such Director may require. The application shall
include, at a minimum--
``(i) a description of the proposed reform
effort;
``(ii) a description of the research
findings that will serve as the basis for the
proposed reform effort or, in the case of
applications that propose an expansion of a
previously implemented reform, a description of
the previously implemented reform effort,
including data about the recruitment,
retention, and academic achievement of students
from underrepresented minority groups;
``(iii) evidence of an institutional
commitment to, and support for, the proposed
reform effort, including a long-term commitment
to implement successful strategies from the
current reform beyond the academic unit or
units included in the grant proposal;
``(iv) a description of existing or planned
institutional policies and practices regarding
faculty hiring, promotion, tenure, and teaching
assignment that reward faculty contributions to
improving the education of students from
underrepresented minority groups in STEM; and
``(v) how the success and effectiveness of
the proposed reform effort will be evaluated
and assessed in order to contribute to the
national knowledge base about models for
catalyzing institutional change.
``(B) Review of applications.--In selecting grant
recipients under this subsection, the Director of the
Foundation shall consider, at a minimum--
``(i) the likelihood of success of the
proposed reform effort at the institution
submitting the application, including the
extent to which the faculty, staff, and
administrators of the institution are committed
to making the proposed institutional reform a
priority of the participating academic unit or
units;
``(ii) the degree to which the proposed
reform effort will contribute to change in
institutional culture and policy such that
greater value is placed on faculty engagement
in the retention of students from
underrepresented minority groups;
``(iii) the likelihood that the institution
will sustain or expand the proposed reform
effort beyond the period of the grant; and
``(iv) the degree to which evaluation and
assessment plans are included in the design of
the proposed reform effort.
``(C) Grant distribution.--The Director of the
Foundation shall ensure, to the extent practicable,
that grants awarded under this subsection are made to a
variety of types of institutions of higher education,
including 2-year and minority-serving institutions of
higher education.
``(5) Education research.--
``(A) In general.--All grants made under this
subsection shall include an education research
component that will support the design and
implementation of a system for data collection and
evaluation of proposed reform efforts in order to build
the knowledge base on promising models for increasing
recruitment and retention of students from
underrepresented minority groups in STEM education at
the undergraduate level across a diverse set of
institutions.
``(B) Dissemination.--The Director of the
Foundation shall coordinate with relevant Federal
agencies in disseminating the results of the research
under this paragraph to ensure that best practices in
broadening participation in STEM education at the
undergraduate level are made readily available to all
institutions of higher education, other Federal
agencies that support STEM programs, non-Federal
funders of STEM education, and the general public.
``(6) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$15,000,000 for each of fiscal years 2022 through 2026.''.
SEC. 54810. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM.
(a) Grants To Broaden Tribal College and University Student
Participation in Computer Science.--Section 525 of the America COMPETES
Reauthorization Act of 2010 (42 U.S.C. 1862p-13) is amended by
inserting after subsection (c) the following:
``(d) Grants To Broaden Tribal College and University Student
Participation in Computer Science.--
``(1) In general.--The Director, as part of the program
authorized under this section, shall award grants on a
competitive, merit-reviewed basis to eligible entities to
increase the participation of tribal populations in computer
science and computational thinking education programs to enable
students to develop skills and competencies in coding, problem-
solving, critical thinking, creativity and collaboration.
``(2) Purpose.--Grants awarded under this subsection shall
support--
``(A) research and development needed to bring
computer science and computational thinking courses and
degrees to tribal colleges and universities;
``(B) research and development of instructional
materials needed to integrate computer science and
computational thinking into programs that are
culturally relevant to students attending tribal
colleges and universities;
``(C) research, development and evaluation of
distance education for computer science and
computational thinking courses and degree programs for
students attending tribal colleges and universities;
and
``(D) other activities consistent with the
activities described in paragraphs (1) through (4) of
subsection (b), as determined by the Director.
``(3) Partnerships.--A tribal college or university seeking
a grant under this subsection, or a consortia thereof, may
partner with an institution of higher education or nonprofit
organization with demonstrated expertise in academic program
development.
``(4) Coordination.--In carrying out this subsection, the
Director shall consult and cooperate with the programs and
policies of other relevant Federal agencies to avoid
duplication with and enhance the effectiveness of the program
under this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to the Director of the Foundation
$2,000,000 in each of fiscal years 2022 through 2026 to carry
out this subsection.''.
(b) Evaluation.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director of the National Science
Foundation shall evaluate the grant program authorized under
section 525 of the America COMPETES Reauthorization Act of 2010
(42 U.S.C. 1862p-13), as amended.
(2) Requirements.--In conducting the evaluation under
paragraph (1), the Director of the National Science Foundation
shall, as practicable--
(A) use a common set of benchmarks and assessment
tools to identify best practices and materials
developed or demonstrated by the research conducted
pursuant to grants programs under section 525 of the
America COMPETES Reauthorization Act of 2010 (42 U.S.C.
1862p-13);
(B) include an assessment of the effectiveness of
such grant programs in expanding access to high quality
STEM education, research, and outreach at tribal
colleges and universities, as applicable;
(C) assess the number of students who participated
in such grant programs; and
(D) assess the percentage of students participating
in such grant programs who successfully complete their
education programs.
(3) Report.--Not later than 180 days after the date on
which the evaluation under paragraph (1) is completed, the
Director of the National Science Foundation shall submit to
Congress and make available to the public, a report on the
results of the evaluation, including any recommendations for
legislative action that could optimize the effectiveness of the
grant program authorized under section 525 of the America
COMPETES Reauthorization Act of 2010, as amended by subsection
(a).
SEC. 54811. REPORT TO CONGRESS.
Not later than 4 years after the date of enactment of this Act, the
Director shall submit a report to Congress that includes--
(1) a description and evaluation of the status and usage of
policies implemented pursuant to section 54803 at all Federal
science agencies, including any recommendations for revising or
expanding such policies;
(2) with respect to efforts to minimize the effects of
implicit bias in the review of extramural and intramural
Federal research grants under section 54805--
(A) what steps all Federal science agencies have
taken to implement policies and practices to minimize
such effects;
(B) a description of any significant updates to the
policies for review of Federal research grants required
under such section; and
(C) any evidence of the impact of such policies on
the review or awarding of Federal research grants; and
(3) a description and evaluation of the status of
institution of higher education and Federal laboratory policies
and practices required under section 54807(a), including any
recommendations for revising or expanding such policies.
SEC. 54812. MERIT REVIEW.
Nothing in this subtitle shall be construed as altering any
intellectual or broader impacts criteria at Federal science agencies
for evaluating grant applications.
SEC. 54813. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(2) Federal laboratory.--The term ``Federal laboratory''
has the meaning given such term in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(3) Federal science agency.--The term ``Federal science
agency'' means any Federal agency with at least $100,000,000 in
research and development expenditures in fiscal year 2022.
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) Interagency working group on inclusion in stem.--The
term ``interagency working group on inclusion in STEM'' means
the interagency working group established by section 308 of the
American Innovation and Competitiveness Act (42 U.S.C. 6626).
(6) STEM.--The term ``STEM'' means science, technology,
engineering, and mathematics, including computer science.
Subtitle SS--Student Loan Fairness Act
SEC. 54901. SHORT TITLE.
This title may be cited as the ``Student Loan Fairness Act''.
SEC. 54902. FINDINGS.
Congress finds the following:
(1) A well-educated citizenry is critical to our Nation's
ability to compete in the global economy.
(2) The Federal Government has a vested interest in
ensuring access to higher education.
(3) Higher education should be viewed as a public good
benefitting our country rather than as a commodity solely
benefitting individual students.
(4) Total outstanding student loan debt officially
surpassed total credit card debt in the United States in 2015,
and now exceeds $1,400,000,000,000.
(5) Excessive student loan debt is impeding economic growth
in the United States. Faced with excessive repayment burdens,
many individuals are unable to start businesses, invest, or buy
homes. Relieving student loan debt would give these individuals
greater control over their earnings and would increase
entrepreneurship and demand for goods and services.
(6) Because of soaring tuition costs, students often have
no choice but to amass significant debt to obtain an education
that is widely considered a prerequisite for earning a living
wage.
(7) Amidst rising tuition rates and stagnant grant funding,
many students are forced to supplement Federal loans with
private loans, which frequently feature higher interest rates
with fewer consumer protections.
(8) A borrower who experiences an extended hardship for
whatever reason, or a borrower who experiences a series of
separate hardships over a longer period of time, will often
have no choice but to default on his or her private student
loans. Opportunities to put such private loans into forbearance
are limited.
(9) During the period of forbearance on private student
loans, interest continues to accrue and is capitalized, and
once the borrower comes out of forbearance, he or she owes
significantly more on the principal of the loan than before the
hardship period began.
SEC. 54903. 10/10 LOAN REPAYMENT AND FORGIVENESS.
Part G of title IV of the Higher Education Act of 1965 is amended
by adding at the end the following:
``SEC. 493E. 10/10 LOAN REPAYMENT AND FORGIVENESS.
``(a) 10/10 Loan Repayment Plan.--
``(1) 10/10 loan repayment plan authorized.--
Notwithstanding any other provision of this Act, the Secretary
shall carry out a program (to be known as the `10/10 Loan
Repayment Plan') under which--
``(A) a borrower of an eligible loan who is
eligible under paragraph (3) may elect to have the
borrower's aggregate monthly payment for all such loans
not exceed the monthly payment amount described in
paragraph (2);
``(B) any interest due and not paid under a monthly
payment under this subsection--
``(i) shall continue to accrue; and
``(ii) shall be capitalized up to an amount
equal to 10 percent of the original principal
amount of all the eligible loans that the
borrower is repaying under this subsection;
``(C) any principal due and not paid under a
monthly payment under this subsection shall be
deferred, and shall be forgiven in accordance with
subsection (b) if the borrower meets the requirements
for forgiveness under such subsection;
``(D) the amount of time the borrower makes monthly
payments under this subsection may exceed 10 years;
``(E) a borrower who is repaying an eligible loan
pursuant to 10/10 Loan Repayment under this subsection
may elect, at any time, to terminate repayment pursuant
to 10/10 Loan Repayment and repay such loan under the
standard repayment plan, in which case the amount of
time the borrower is permitted to repay such loans may
exceed 10 years; and
``(F) the special allowance payment to a lender
calculated under section 438(b)(2)(I), when calculated
for a loan in repayment under this section, shall be
calculated on the principal balance of the loan and on
any accrued interest unpaid by the borrower in
accordance with this section.
``(2) 10/10 loan repayment monthly payment formula.--A
borrower who has elected to participate in the 10/10 Loan
Repayment Plan under this subsection shall, during each month
the borrower is participating in such Plan, make a monthly
payment in an amount equal to--
``(A) one-twelfth of the amount that is 10 percent
of the result obtained by calculating, on at least an
annual basis, the amount by which--
``(i) the borrower's, and the borrower's
spouse's (if applicable), adjusted gross
income; exceeds
``(ii) 150 percent of the poverty line
applicable to the borrower's family size as
determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)), as adjusted by
``(iii) the regional variation in the cost
of living (determined by the Secretary, in
consultation with the Bureau of Economic
Analysis of the Department of Commerce and the
Bureau of Labor Statistics of the Department of
Labor) for the geographic area in which the
borrower resides, so that a borrower residing
in a higher cost geographic area will
experience a downward trend in such monthly
payment amount; or
``(B) in the case of a borrower who is in deferment
due to an economic hardship described in section
435(o), $0.
``(3) Eligibility.--The Secretary shall establish
procedures for annually determining the borrower's eligibility
for 10/10 Loan Repayment, including verification of a
borrower's annual adjusted gross income and the annual amount
due on the total amount of eligible loans, and such other
procedures as are necessary to effectively implement 10/10 Loan
Repayment under this subsection.
``(4) Special rule for married borrowers filing
separately.--In the case of a married borrower who files a
separate Federal income tax return, the Secretary shall
calculate the amount of the borrower's 10/10 Loan Repayment
under this subsection solely on the basis of the borrower's
student loan debt and adjusted gross income, and the regional
variation in the cost of living described in paragraph
(2)(A)(iii).
``(b) 10/10 Loan Forgiveness.--
``(1) In general.--The Secretary shall carry out a program
(to be known as the `10/10 Loan Forgiveness Program') to
forgive a qualified loan amount, in accordance with paragraph
(3), on an eligible loan for a borrower who, after the date
that is 10 years prior to the date of enactment of the Student
Loan Fairness Act, has made 120 monthly payments on the
eligible loan pursuant to any one or a combination of the
following:
``(A) Monthly payment under the 10/10 Loan
Repayment Plan under subsection (a).
``(B) Monthly payment under any other repayment
plan authorized under part B or D of an amount that,
for a given month, is not less than the monthly payment
amount calculated under subsection (a) that the
borrower would have owed in the year in which such
payment was made, based on the borrower's adjusted
gross income and eligible loan balance for such year.
``(C) For any month after such date during which
the borrower is in deferment due to an economic
hardship described in section 435(o), monthly payment
of $0.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized to
carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan
made, insured, or guaranteed under part B of this
title; and
``(B) to cancel a qualified loan amount for a loan
made under part D of this title.
``(3) Qualified loan amount.--After the borrower has made
120 monthly payments described in paragraph (1), the Secretary
shall forgive--
``(A) with respect to new borrowers on or after the
date of enactment of the Student Loan Fairness Act, the
sum of--
``(i) the balance of principal and fees due
on the borrower's eligible loans as of the time
of such forgiveness, not to exceed $45,520; and
``(ii) the amount of interest that has
accrued on the balance described in clause (i)
as of the time of such forgiveness; or
``(B) with respect to any other eligible borrower,
the balance of principal, interest, and fees due on the
borrower's eligible loans as of the time of such
forgiveness.
``(4) Exclusion from taxable income.--The amount of a
borrower's eligible loans forgiven under this section shall not
be included in the gross income of the borrower for purposes of
the Internal Revenue Code of 1986.
``(c) Supporting Documentation Required.--A borrower who has
elected to participate in the 10/10 Loan Repayment Plan under
subsection (a), or who is requesting forgiveness under the 10/10 Loan
Forgiveness Program under subsection (b), shall provide to the
Secretary such information and documentation as the Secretary
determines, by regulation, to be necessary to verify the borrower's
adjusted gross income and payment amounts made on eligible loans of the
borrower for the purposes of such Plan or Program.
``(d) Definition of Eligible Loan.--In this section the term
`eligible loan' means any loan made, insured, or guaranteed under part
B or D.''.
SEC. 54904. CAPPING INTEREST RATES FOR ALL FEDERAL DIRECT LOANS.
Section 455(b) of the Higher Education Act of 1965 (20 U.S.C.
1087e(b)) is amended--
(1) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11), respectively; and
(2) by inserting after paragraph (8) the following:
``(8) Rate of interest for all new federal direct loans.--
Notwithstanding any other provision of this Act, with respect
to a loan under this part for which the first disbursement of
principal is made (or in the case of a Federal Direct
Consolidation Loan, for which the application is received) on
or after October 1, 2021, or the date of enactment of the
Student Loan Fairness Act, whichever is later, the applicable
rate of interest shall not exceed 3.4 percent.''.
SEC. 54905. 10/10 LOAN REPAYMENT PLAN AS PLAN SELECTED BY THE
SECRETARY.
(a) FFEL Loans.--
(1) In general.--Section 428(b)(9) of the Higher Education
Act of 1965 (20 U.S.C. 1078(b)(9)) is amended--
(A) in subparagraph (A)--
(i) by striking ``and'' at the end of
clause (iv);
(ii) in clause (v), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(vi) beginning October 1, 2021, a 10/10
Loan Repayment Plan, with varying annual
repayment amounts based on the discretionary
income of the borrower, in accordance with
section 493E.''; and
(B) in subparagraph (B), by striking ``(A)(i)'' and
inserting ``(A)(vi)''.
(2) Effective date.--The amendment made by paragraph (1)(B)
shall be effective beginning October 1, 2021.
(b) Direct Loans.--
(1) In general.--Section 455(d) of the Higher Education Act
of 1965 (20 U.S.C. 1087e(d)) is amended--
(A) in paragraph (1)--
(i) by striking ``and'' at the end of
subparagraph (D);
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(F) beginning on October 1, 2021, a 10/10 Loan
Repayment Plan, with varying annual repayment amounts
based on the discretionary income of the borrower, in
accordance with section 493E.''; and
(B) in paragraph (2)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``(A), (B), or (C)'' and
inserting ``(F)''.
(2) Effective date.--The amendment made by paragraph (1)(B)
shall be effective beginning October 1, 2021.
SEC. 54906. IMPROVING AND EXPANDING PUBLIC SERVICE LOAN FORGIVENESS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended--
(1) in paragraph (1), by striking ``120'' and inserting
``60'' each place it appears; and
(2) in paragraph (3)(B)--
(A) in clause (i), by striking ``or'' after the
semicolon;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) a full-time job as a primary care
physician in an area or population designated
as a Medically Underserved Area or Population
by the Health Resource and Services
Administration.''.
SEC. 54907. REFINANCING PRIVATE EDUCATION LOANS FOR CERTAIN BORROWERS.
(a) Consolidation for Certain Borrowers.--Section 455(g) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(g)) is amended--
(1) by striking ``A borrower'' and inserting the following:
``(1) In general.--A borrower'';
(2) by inserting ``, and any loan described in paragraph
(2)'' after ``July 1, 2010''; and
(3) by adding at the end the following new paragraph:
``(2) Consolidation of private education loans as a federal
direct consolidation loan for certain borrowers.--
``(A) In general.--Notwithstanding any other
provision of law, a borrower who meets the eligibility
criteria described in subparagraph (B) shall be
eligible to obtain a Federal Direct Consolidation loan
under this paragraph that--
``(i) shall include an eligible private
education loan; and
``(ii) may include a loan described in
section 428C(a)(4).
``(B) Eligible borrower.--A borrower of an eligible
private education loan is eligible to obtain a Federal
Direct Consolidation Loan under this paragraph if the
borrower--
``(i) was eligible to borrow a loan under
section 428H, a Federal Direct Unsubsidized
Stafford Loan, a loan under section 428B, or a
Federal Direct PLUS loan for a period of
enrollment at an institution of higher
education, or, with respect to a borrower who
was enrolled at an institution of higher
education on less than a half-time basis, would
have been eligible to borrow such a loan for
such period of enrollment if the borrower had
been enrolled on at least a half-time basis;
``(ii) borrowed at least one eligible
private education loan for a period of
enrollment described in clause (i); and
``(iii) has an average adjusted gross
income (based on the borrower's adjusted gross
income from the 3 most recent calendar years
before application for consolidation under this
section) that is equal to or less than the
borrower's total education debt (determined by
calculating the sum of the borrower's loans
described in section 428C(a)(4) and eligible
private education loans) at the time of such
application.
``(C) Definition of eligible private education
loan.--For purposes of this paragraph, the term
`eligible private education loan' means a private
education loan (as such term is defined in section 140
of the Truth in Lending Act (15 U.S.C. 1650)) made on
or before the date of enactment of the Student Loan
Fairness Act, including the amount of outstanding
principal, accrued interest, and related fees and costs
(as determined by the Secretary) owed by a borrower on
such a loan.
``(D) Purchase of loan.--For each eligible private
education loan that a borrower is consolidating under
this paragraph, the Secretary shall notify the holder
that the Secretary is purchasing the loan, and the
Secretary shall then purchase such loan, as described
under section 140A of the Truth in Lending Act.
``(E) Terms and rate of interest.--A Federal Direct
Consolidation Loan made under this paragraph shall have
the same terms and conditions as a Federal Direct
Consolidation loan under paragraph (1), except that the
applicable rate of interest for a Federal Direct
Consolidation loan made under this paragraph shall not
exceed 3.4 percent.
``(F) Notification of eligible borrowers.--The
Secretary shall take such steps as may be necessary to
notify eligible borrowers of the availability of
consolidation under this paragraph no later than 60
days after the date of enactment of the Student Loan
Fairness Act, including notifying such borrowers of the
deadline to apply for such a loan under subparagraph
(G).
``(G) Application deadline for loans under this
paragraph.--A borrower may apply for loans under this
paragraph during the 1-year period beginning on the
date of enactment of the Student Loan Fairness Act. The
Secretary shall not make a Federal Direct Consolidation
Loan under this paragraph to any borrower who has not
submitted an application for such a loan to the
Secretary before the end of such period.
``(H) Authorization and appropriation.--There are
authorized to be appropriated, and there are
appropriated, such sums as may be necessary to carry
out this paragraph.''.
(b) Sale of Private Education Loans to the Government.--Chapter 2
of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended--
(1) by redesignating section 140A as section 140B; and
(2) by inserting after section 140 the following:
``Sec. 140A. Sale of private education loans to the Government
``(a) In General.--The Bureau shall issue regulations to require a
private education lender to sell an eligible private education loan to
the Secretary of Education, upon request of the Secretary, for purposes
of consolidating such loan, as described under section 455(g)(2) of the
Higher Education Act of 1965.
``(b) Determination of Price.--The price paid for a private
education loan under subsection (a) shall--
``(1) include the amount of outstanding principal on the
loan, the amount of accrued interest on the loan, and any fees
or other costs owed by the consumer on the loan; and
``(2) be adjusted to account for the time value of such
amount.
``(c) Definitions.--For purposes of this section:
``(1) Eligible private education loan.--The term `eligible
private education loan' means a private education loan, as
defined under section 140(a), made on or before the date of
enactment of the Student Loan Fairness Act.
``(2) Private education lender.--The term `private
education lender' has the meaning given such term under section
140(a).''; and
(3) in the table of contents for such chapter--
(A) by redesignating the item relating to section
140A as item 140B; and
(B) by inserting after the item relating to section
140 the following:
``140A. Sale of private education loans to the Government.''.
(c) Conforming Amendment.--Section 428C(a)(3)(B)(i)(V) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(3)(B)(i)(V)) is
amended--
(1) by striking ``or'' at the end of item (bb);
(2) by striking the period at the end of item (cc) and
inserting ``; or''; and
(3) by adding at the end the following:
``(dd) for the purpose of
consolidating an eligible
private education loan under
section 455(g)(2), whether such
loan is consolidated alone,
with other eligible private
education loans, or with loans
described in paragraph (4).''.
SEC. 54908. INTEREST-FREE DEFERMENT OF UNSUBSIDIZED LOANS DURING
PERIODS OF UNEMPLOYMENT.
(a) FFEL Unsubsidized Loan Deferment.--
(1) Section 428H(e)(2) of the Higher Education Act of 1965
(20 U.S.C. 1078-8(e)(2)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(C)'' and inserting ``subparagraphs (C) and (D)''; and
(B) by adding at the end the following:
``(D) Interest on loans made under this section for which
payments are deferred under clause (ii) of section
428(b)(1)(M), for a period of deferment granted to a borrower
on or after the date of enactment of the Student Loan Fairness
Act, shall accrue and be paid by the Secretary during any
period during which loans are so deferred, not in excess of 3
years.''.
(2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is
amended by inserting ``(other than a deferment under clause
(ii) of such subparagraph on or after the date of enactment of
the Student Loan Fairness Act)'' after ``of this paragraph''.
(b) Direct Unsubsidized Loan Deferment.--Section 455(f)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(f)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``or'' at the end of clause (i);
and
(B) by adding at the end the following:
``(iii) a Federal Direct Unsubsidized
Stafford Loan, with respect to a period of
deferment described in subparagraph (B) of
paragraph (2) granted to a borrower on or after
the date of enactment of the Student Loan
Fairness Act; or''; and
(2) in subparagraph (B), by inserting ``not described in
subparagraph (A)(iii)'' after ``Unsubsidized Stafford Loan''.
(c) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is
amended--
(1) by striking ``or'' at the end of subclause (II);
(2) by redesignating subclause (III) as subclause (IV);
(3) by inserting after subclause (II) the following:
``(III) by the Secretary, in the
case of a consolidation loan for which
the application is received on or after
the date of enactment of the Student
Loan Fairness Act, except that the
Secretary shall pay such interest only
for a period not in excess of 3 years
for which the borrower would be
eligible for a deferral under clause
(ii) of section 428(b)(1)(M); or''; and
(4) in subclause (IV) (as redesignated by paragraph (2)),
by striking ``(I) or (II)'' and inserting ``(I), (II), or
(III)''.
(d) Income-Based Repayment.--Section 493C(b) of the Higher
Education Act of 1965 (20 U.S.C. 10983(b))--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' after
the semicolon;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) shall, on subsidized and unsubsidized loans,
be paid by the Secretary for a period of not more than
3 years during which the borrower is eligible for a
deferment due to unemployment described in section
455(f)(2)(B) (regardless of whether the student is in
such a deferment), except that--
``(i) this subparagraph shall only apply to
periods during which the borrower is eligible
for such a deferment on or after the date of
enactment of the Student Loan Fairness Act; and
``(ii) in the case of a subsidized loan,
such period shall not include any period
described in subparagraph (A) or any period
during which the borrower is in deferment due
to an economic hardship described in section
435(o); and''; and
(D) in subparagraph (C) (as so redesignated by
subparagraph (B))--
(i) in clause (i), by striking
``subparagraph (A)'' and inserting
``subparagraphs (A) and (B)''; and
(ii) in clause (ii), by inserting ``,
subject to subparagraph (B),'' after
``unsubsidized loan'';
(2) by striking ``and'' at the end of paragraph (8);
(3) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(10) the amount of the principal and interest on a
borrower's loans repaid or canceled under paragraph (7) shall
not be included in the gross income of the borrower for
purposes of the Internal Revenue Code of 1986.''.
SEC. 54909. EXCLUDING LOANS FORGIVEN UNDER CERTAIN REPAYMENT PROGRAMS
FROM GROSS INCOME.
Section 455(e)(2) of the Higher Education Act of 1965 (20 U.S.C.
1087e(e)(2)) is amended--
(1) in the paragraph heading, by inserting ``and
Forgiveness'' after ``Repayment''; and
(2) by adding at the end the following: ``The amount of the
principal and interest on a borrower's loans forgiven pursuant
to income contingent repayment shall not be included in the
gross income of the borrower for purposes of the Internal
Revenue Code of 1986.''.
Subtitle TT--Financial Aid Fairness For Students Act
SEC. 55001. SHORT TITLE.
This title may be cited as the ``Financial Aid Fairness for
Students Act'' or the ``FAFSA Act''.
SEC. 55002. FINDINGS.
Congress finds the following:
(1) Expanding the ability of low- and middle-income
borrowers to pursue higher education is critical to reversing
decades of exclusionary policies that have adversely impacted
people of color.
(2) Under current law, individuals with drug-related
offenses are precluded from accessing Federal grants, loans,
and work-study aid pursuant to section 484(r) of the Higher
Education Act of 1965 (20 U.S.C. 1091(r)), commonly referred to
as the ``Aid Elimination Penalty''.
(3) The Free Application for Federal Student Aid (FAFSA)
screens applicants for Federal financial aid based on her or
his history of drug offenses.
(4) Given that criminal sentencing laws in the United
States disproportionately impact racial minorities and low-
income communities, the Aid Elimination Penalty may
disproportionately hinder these same groups from accessing
Federal financial aid.
(5) Recognizing that an educated citizenry is the
powerhouse of the Nation, that higher education allows
Americans to access well-paying jobs, healthcare, strong
interpersonal relationships and a higher quality of life, the
Federal Government should incentivize the pursuit of higher
education while ensuring equality of opportunity.
SEC. 55003. REPEAL OF SUSPENSION OF ELIGIBILITY UNDER THE HIGHER
EDUCATION ACT OF 1965 FOR GRANTS, LOANS, AND WORK
ASSISTANCE FOR DRUG-RELATED OFFENSES.
(a) Repeal.--Subsection (r) of section 484 of the Higher Education
Act of 1965 (20 U.S.C. 1091(r)) is repealed.
(b) Revision of FAFSA Form.--Section 483 of the Higher Education
Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the
following:
``(i) Convictions.--The Secretary shall not
include any question about the conviction of an
applicant for the possession or sale of illegal
drugs on the FAFSA (or any other form developed
under subsection (a)).''.
(c) Conforming Amendments.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 428(b)(3) (20 U.S.C. 1078(b)(3))--
(A) in subparagraph (C), by striking ``485(l)'' and
inserting ``485(k)''; and
(B) in subparagraph (D), by striking ``485(l)'' and
inserting ``485(k)'';
(2) in section 435(d)(5) (20 U.S.C. 1085(d)(5))--
(A) in subparagraph (E), by striking ``485(l)'' and
inserting ``485(k)''; and
(B) in subparagraph (F), by striking ``485(l)'' and
inserting ``485(k)'';
(3) in section 484 (20 U.S.C. 1091)--
(A) by striking subsection (r); and
(B) by redesignating subsections (s) and (t) as
subsections (r) and (s), respectively;
(4) in section 485 (20 U.S.C. 1092)--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) and (m) as
subsections (k) and (l), respectively; and
(5) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C.
1094(e)(2)(B)(ii)(IV)), by striking ``(l) of section 485'' and
inserting ``(k) of section 485''.
Subtitle UU--Supporting the Teaching Profession Through Revitalizing
Investments in Valuable Educators
SEC. 55101. SHORT TITLE AND FINDINGS.
(a) Short Title.--This subtitle may be cited as the ``Supporting
the Teaching profession through Revitalizing Investments in Valuable
Educators Act'' or the ``STRIVE Act''.
(b) Findings.--Congress finds the following:
(1) States identified significant teacher shortages in
their reports to the Department of Education during the 2017-
2018 school year, with 46 States and the District of Columbia
identifying shortages in special education, 47 States and the
District of Columbia identifying teacher shortages in
mathematics, 43 States identifying teacher shortages in
science, 32 States identifying shortages in teachers of English
learners, and 32 States identifying teacher shortages in career
and technical education. One reason for the shortages in these
areas is because mathematics and science teachers can earn
significantly higher starting salaries in the private sector.
Further, rural communities face limitations in recruiting and
retaining teachers for reasons such as funding issues, limited
teacher supply, and geographic isolation.
(2) Students in high-poverty and high-minority schools,
both urban and rural, typically feel the largest impact of
teacher shortages. These schools often experience difficulty
hiring and high turnover on a regular basis, and they are the
most severely affected when teacher shortages become
widespread. This happens, in part, because inequitable funding
of schools leaves many low-wealth urban and rural communities
with inadequate resources, so they must pay lower salaries and
typically have poorer working conditions.
(3) According to a study by Mathematica, when high-
performing teachers were offered large financial incentives to
transfer to low-performing schools, their students' scores
climbed 10 points in reading and 9 points in math compared to
students statewide over 2 years.
(4) According to a survey conducted by Scholastic, 97
percent of teachers list supportive school leadership as
essential or very important for retaining strong teachers and
improving student achievement, more than any other factor.
(5) Research suggests that incurring postsecondary
education debt can decrease the likelihood that high-achieving
students, lower-income students, and students of color choose
to work in lower-wage professions in general, especially in the
education system. Therefore, loan forgiveness and service
scholarships for educators may be especially effective for
recruiting teachers and school leaders from diverse, lower-
income backgrounds.
(6) According to the Learning Policy Institute, teacher
loan forgiveness and service scholarship programs can be
successful in both recruiting and retaining teachers. To be
effective, these programs should provide a financial benefit
that meaningfully offsets the cost of a teacher's professional
preparation. This includes covering licensing and certification
costs.
(7) A 2015 Government Accountability Office study and a
2018 follow up study by the Department of Education of Federal
grant and loan forgiveness programs for teachers found that the
structure of these programs matters. Further research shows
effective loan forgiveness and service scholarship programs
follow 5 design principles. These programs--
(A) cover all or a large percentage of tuition;
(B) target high-need fields or schools, or both;
(C) recruit candidates who are academically strong,
committed to teaching, and well-prepared;
(D) commit recipients to teach with reasonable
incentives to fulfill their commitment; and
(E) are bureaucratically manageable for
participating teachers, local educational agencies, and
institutions of higher education.
(8) The TEACH grant program under subpart 9 of part A of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g
et seq.) provides up to $16,000 in grants to prospective
teachers who agree to teach in low-income schools and high-need
subject areas for 4 years. This is far below the Department of
Education's most recent estimate of the average annual cost of
approximately $25,409 in tuition, fees, and room and board at
the average full-time undergraduate 4-year institution.
(9) The National Center for Education Statistics found that
more than \2/3\ of the individuals entering the education field
borrow money to pay for their higher education. Teachers with a
bachelor's degree have an average debt of $20,000 and teachers
with a master's degree have an average debt of $50,000.
Teachers also start out earning 20 percent less than their
peers with comparable degrees who pursue jobs outside of
education. According to a report by the Center for American
Progress, in more than 30 States, a mid-career teacher heading
a family of 4 is eligible for several forms of government
assistance, including the free and reduced-price lunch program
for their children. These compounding factors can
disincentivize prospective teachers from entering the
profession.
(10) In evaluating the TEACH grant program, the Government
Accountability Office found that almost \2/3\ of the requests
for assistance under the program from October 2011 through
March 2014 cited problems submitting certification paperwork.
The Government Accountability Office recommended improvements
in the program's design, including reducing burdensome annual
paperwork, increasing awareness about the program, and
streamlining the dispute process.
(11) Spending by teachers on school supplies adds up to
$1,600,000,000 per year nationally. According to the Education
Market Association, most teachers spend around $500, with 10
percent spending $1,000 or more.
(12) Teacher quality partnerships are designed to
strengthen higher education-based teacher and school leader
preparation. Studies show that teachers who are better prepared
to enter the classroom stay longer and perform better than
their underprepared peers. Teacher quality partnerships also
fund programs like induction and mentoring that have been shown
to increase teacher and school leader retention. Research
indicates that the ongoing support for teachers provided by
teacher quality partnerships, including mentoring and coaching,
is an important part of early childhood education programs.
(13) According to the Center for Education Data and
Research, a more diverse teaching workforce leads to better
student outcomes, particularly in high-poverty environments
with significant at-risk student populations. Further,
researchers from Vanderbilt University found that greater
racial and ethnic diversity in the principal corps benefits
students, especially children of color. Three commonly cited
rationales for this benefit are--
(A) students of color benefit from seeing minority
adult role models in a position of authority;
(B) the higher expectations that teachers of color
tend to place on students of color; and
(C) the effect of cultural differences between
teachers of different backgrounds on instructional
strategies and interpretation of students' behavior.
(14) According to the report entitled ``Empowered
Educators: How Leading Nations Design Systems for Teaching
Quality'', effective teacher preparation successfully
integrates theory and practice components. Further, according
to the ``Preparing Teachers for a Changing World'' report
sponsored by the National Academy Foundation, highly effective
teachers vary in styles, yet have many teaching strategies in
common. Research has identified a set of knowledge, skills, and
dispositions essential for beginning teachers that should be
incorporated into the teacher education curriculum. This
includes the opportunity and capacity to reflect on and
evaluate skills and to learn from practice. Evidence-based
teacher preparation includes developing teacher skills, content
knowledge, inquiry, and the capacity to provide effective
learning experiences for a diverse set of students.
(15) As it does in medicine, the Federal Government should
maintain a substantial, sustained program of service
scholarships or loan forgiveness programs that cover training
costs in high-quality preparation programs at the undergraduate
or graduate level for those who will teach in a high-need field
or location for at least 4 years, as candidates are much more
likely to remain in the profession and to make a difference for
student achievement after 3 years of teaching. State
governments can augment such an approach with programs targeted
to specific local needs.
(16) Research has shown the impact cultural competence can
have on closing student achievement gaps and improving student
outcomes by incorporating racial and ethnic minority
contributions in curricula and diversifying pedagogical
practices. Cultural competence is both a moral and ethical
responsibility to create a welcoming environment for students
to succeed. The impact of having educators who have the ability
to challenge and motivate diverse student populations can
dramatically improve our educational system and student
outcomes.
CHAPTER 1--IMPROVING TEACHER SUPPORT UNDER THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
SEC. 55111. MANDATORY FUNDING FOR PROGRAMS PREPARING, TRAINING, AND
RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER
SCHOOL LEADERS.
Section 2003 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6603) is amended--
(1) in the section heading, by striking ``authorization of
appropriations'' and inserting ``funding''; and
(2) by striking subsection (a) and inserting the following:
``(a) Appropriations for Part A.--
``(1) In general.--For fiscal year 2020 and each subsequent
fiscal year, there are authorized to be appropriated, and there
are appropriated, out of any funds not otherwise appropriated,
$3,200,000,000 to carry out part A.
``(2) Reservation for mentoring grants.--For each fiscal
year for which the total amount appropriated under paragraph
(1) is greater than $2,200,000,000, the Secretary shall, after
making any reservations under section 2101(a), reserve 50
percent of the additional amount to establish a grant program
that awards grants, on a competitive basis, to States for the
establishment of a mentoring program for all beginning
elementary school and secondary school teachers and beginning
early childhood educators in all local educational agencies in
the States.
``(3) Reservation for professional development grants.--For
each fiscal year for which the total amount appropriated under
paragraph (1) is greater than $2,200,000,000 the Secretary
shall, after making any reservations under section 2101(a),
reserve 10 percent of the additional amount to award grants to
States, based on allotments through a formula determined by the
Secretary to best accomplish the purposes of this title, to
enable such States to establish or enhance professional
development in-service and pre-service opportunities for school
leaders, including efforts to recruit and retain school leaders
who are underrepresented in the school leader profession, such
as members of racial and ethnic minority groups.
``(4) Additional amount.--In this subsection, the term
`additional amount' means the amount by which the funds
appropriated under paragraph (1) for a fiscal year exceeds
$2,200,000.''.
CHAPTER 2--TEACHER LOAN FORGIVENESS PROGRAMS
SEC. 55121. TEACHER LOAN FORGIVENESS PROGRAMS AND GRANTS.
(a) Repayment Plan for Qualifying Teachers.--
(1) In general.--Section 455 of the Higher Education Act of
1965 (20 U.S.C. 1087e) is amended by adding at the end the
following:
``(r) Repayment Plan for Qualifying Teachers.--
``(1) In general.--The Secretary shall cancel a portion, in
accordance with paragraph (2), of the balance of interest and
principal due on any eligible Federal Direct Loan not in
default for a borrower who, in a 12-month time period--
``(A) has made 12 consecutive on-time monthly
payments on the eligible Federal Direct Loan, in an
amount equal to or greater than the amount of payments
for the borrower under an income-based repayment plan
under section 493C (regardless of whether some or all
of those payments were made before the effective date
of the Supporting the Teaching profession through
Revitalizing Investments in Valuable Educators Act);
and
``(B)(i) is employed in a qualifying teaching
position, regardless of subject matter area, at the
time of such forgiveness; and
``(ii) has been employed in a qualifying teaching
position, regardless of subject matter area, during the
period in which the borrower made each of the 12
payments described in subparagraph (A).
``(2) Loan cancellation amount.--
``(A) In general.--The portion to be cancelled
under this paragraph shall be--
``(i) for each of--
``(I) the first 5 years that the
borrower qualifies under paragraph (1),
in the case of a borrower employed for
such year in a full-time qualifying
teaching position in the subject of
English as a second language, science,
technology, engineering, mathematics,
special education, or career and
technical education, 15 percent of the
balance of principal and interest due
on all of the eligible Federal Direct
Loans of the borrower, as of the final
day of that 1-year employment period;
or
``(II) the first 6 years (or the
equivalent calculated under
subparagraph (B)(i)) that the borrower
qualifies under paragraph (1)--
``(aa) in the case of a
borrower employed for such year
in a full-time qualifying
teaching position in a subject
that is not described in
subclause (I), 10 percent of
the balance of principal and
interest due on all of the
eligible Federal Direct Loans
of the borrower, as of the
final day of that 1-year
employment period; or
``(bb) in the case of a
borrower employed for such year
in a part-time qualifying
teaching position (regardless
of subject), 5 percent of the
balance of principal and
interest due on all of the
eligible Federal Direct Loans
of the borrower, as of the
final day of that 1-year
employment period; and
``(ii) after the borrower has received
partial loan cancellation described in clause
(i)--
``(I) for 5 years, in the case of a
borrower described in clause (i)(I),
and then qualifies for loan
cancellation under paragraph (1) for a
sixth year, all of the borrower's
remaining obligation to repay the
balance of principal and interest due,
as of the date of such calculation, on
all of the eligible Federal Direct Loan
made to a borrower; or
``(II) for 6 years (or the
equivalent calculated under
subparagraph (B)(i)), in the case of a
borrower described in clause (i)(II),
and then qualifies for loan
cancellation under paragraph (1) for a
seventh year (or the equivalent
calculated under subparagraph (B)(ii)),
all of the borrower's remaining
obligation to repay the balance of
principal and interest due, as of the
date of such calculation, on all of the
eligible Federal Direct Loan made to a
borrower.
``(B) Special rule regarding part-time teaching.--
``(i) General rule.--In the case of a
borrower who qualifies for loan cancellation
under subparagraph (A) for one or more years
through a part-time qualifying teaching
position, the Secretary shall determine when
the equivalent of 6 years of partial
cancellation for full-time employment has been
met for purposes of subparagraph (A)(ii)(II) by
giving the borrower credit for one-half of a
year for each year that the borrower receives
partial part-time cancellation under
subparagraph (A)(i)(II)(bb).
``(ii) Rule for final cancellation.--A
borrower who wishes to complete the equivalent
of the seventh year of teaching necessary for
complete cancellation under subparagraph
(A)(ii)(II) through employment in a part-time
qualifying teaching position--
``(I) shall be required to qualify
for loan cancellation through a part-
time qualifying teaching position for 2
additional years; and
``(II) notwithstanding subparagraph
(A), shall receive partial
cancellation, in accordance with
subparagraph (A)(i)(II)(bb), for the
first of such 2 years.
``(C) Change in subject taught.--In any case where
a teacher first qualifies for loan cancellation under
subparagraph (A)(i)(II) and then, in a subsequent year,
teaches in a full-time qualifying teaching position in
a subject described in subparagraph (A)(i)(I), the
percentage of loan forgiveness provided to the teacher
for each academic year of full-time teaching in such a
subject shall be 15 percent, until the teacher
qualifies for cancellation in the seventh year under
subparagraph (A)(ii)(II).
``(3) Eligibility provisions.--
``(A) Certification.--A borrower who desires to
participate in the repayment plan under this subsection
shall submit to the Secretary an employer
certification, as required by the Secretary, of the
employment dates for the qualifying service.
``(B) Ineligibility for double benefits.--
``(i) In general.--No borrower may, for the
same service, receive a reduction of loan
obligations under both this subsection and
section 428J, 428K, 428L, or 460.
``(ii) Ineligibility of education award.--
No borrower may count any payments made from an
education award received under subtitle D of
title I of the National and Community Service
Act of 1990 (42 U.S.C. 12601 et seq.) toward
the payments required under paragraph (1).
``(C) Continued eligibility.--A teacher who is
employed, for consecutive years (excluding a documented
medical leave of absence or military service), in a
qualifying teaching position at a school that meets the
requirements of paragraph (6)(C)(i) for a school year
but fails to meet such requirements in subsequent
years, shall be deemed to be in a qualifying teaching
position, for purposes of this subsection, for all of
the consecutive subsequent years during which the
teacher remains at the school.
``(4) State certification.--
``(A) State responsibilities.--Each State
educational agency that receives assistance under part
A of title I of the Elementary and Secondary Education
Act of 1965 shall provide to the Secretary an annual
list of the elementary schools and secondary schools in
the State that meet the requirements of subclauses (I)
and (II) of paragraph (6)(C)(i).
``(B) Dissemination of school lists.--The Secretary
shall--
``(i) in coordination with the Secretary of
the Interior, develop a list of elementary
schools and secondary schools that meet the
requirement of paragraph (6)(C)(i)(III); and
``(ii) make the lists developed under
clause (i) and provided under subparagraph (A)
easily accessible for applicants and recipients
of TEACH Grants.
``(5) Special deferral.--
``(A) In general.--In addition to any deferment for
which a borrower of an eligible Federal Direct Loan may
be eligible under section 455(f), a borrower shall be
eligible for deferment, as described in section
455(f)(1), for a period not in excess of 2 years if--
``(i) the borrower has qualified for
partial loan forgiveness under paragraph (1)
for the immediately preceding year; and
``(ii) the borrower is unable to continue
working in a qualified teaching position during
the period of deferment, due to--
``(I) extenuating or unforeseen
financial circumstances or health
reasons; or
``(II) other extraordinary
circumstances as determined by the
Secretary.
``(6) Definitions.--In this subsection:
``(A) Eligible federal direct loan.--The term
`eligible Federal Direct Loan' means a Federal Direct
Stafford Loan, Federal Direct PLUS Loan, Federal Direct
Unsubsidized Stafford Loan, or Federal Direct
Consolidation Loan.
``(B) Part-time.--The term `part-time', when used
in reference to a teacher for a particular school year,
means a teacher who works in such year a number of
hours that is not less than 50 percent, but less than
100 percent, of the hours worked by an average full-
time teacher in the local educational agency that
serves the area where the teacher is employed.
``(C) Qualifying teaching position.--The term
`qualifying teaching position' means part-time or full-
time employment (not including a short-term substitute
teaching assignment)--
``(i) in--
``(I) a public or nonprofit private
elementary school or secondary school
that, for the purpose of this
subparagraph and for that year--
``(aa) has been determined
by the Secretary (pursuant to
regulations of the Secretary
and after consultation with the
State educational agency of the
State in which the school is
located) to be a school in
which the number of children
meeting a measure of poverty
under section 1113(a)(5) of the
Elementary and Secondary
Education Act of 1965, exceeds
70 percent of the total number
of children enrolled in such
school; and
``(bb) is in the school
district of a local educational
agency that is eligible in such
year for assistance pursuant to
part A of title I of the
Elementary and Secondary
Education Act of 1965;
``(II) a public or nonprofit
private elementary school or secondary
school served by an educational service
agency, or a location operated by an
educational service agency, that, for
the purpose of this subparagraph and
for that year, has been determined by
the Secretary (pursuant to regulations
of the Secretary and after consultation
with the State educational agency of
the State in which the educational
service agency operates) to be a school
or location at which the number of
children taught who meet a measure of
poverty under section 1113(a)(5) of the
Elementary and Secondary Education Act
of 1965, exceeds 30 percent of the
total number of children taught at such
school or location;
``(III) an elementary school or
secondary school that is funded by the
Bureau of Indian Education; or
``(IV) in the case of an individual
who is an early childhood educator, an
early childhood education program;
``(ii) through which the individual
provides direct classroom teaching, or
classroom-type teaching in a nonclassroom
setting, including--
``(I) special education teachers;
``(II) career and technical
education teachers;
``(III) teachers in the field of
science, technology, engineering,
mathematics, or other subjects;
``(IV) early childhood educators;
``(V) English as a second language
teachers; and
``(VI) teachers of a Native
American language (as defined in
section 103 of the Native American
Languages Act (25 U.S.C. 2902)); and
``(iii) with respect to which the
individual meets the requirements of an
effective teacher or effective early childhood
educator, as determined by the State in
accordance with part A of title I and title II
of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq., 6601 et
seq.).''.
(2) Effective date.--The amendment made by this subsection
shall be effective on the date that is 1 year after the date of
enactment of this Act.
(b) Tax Treatment of Cancellation of Student Loans.--
(1) In general.--Subsection (f) of section 108 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(6) Cancellations under strive act teacher loan
forgiveness programs.--In the case of an individual, gross
income does not include any amount which (but for this
subsection) would be includible in gross income for the taxable
year by reasons of the cancellation (in whole or in part) under
section 455(r) of the Higher Education Act of 1965 of any
eligible Federal Direct Loan (as defined in section
455(r)(6)(A) of such Act).''.
(2) Effective date.--The amendment made by this subsection
shall apply to cancellations of indebtedness after the date
that is 1 year after the date of the enactment of this Act.
SEC. 55122. TEACH GRANTS.
(a) Amendments.--Subpart 9 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070g et seq.) is amended--
(1) in section 420L (20 U.S.C. 1070g), by striking
paragraph (1) and inserting the following:
``(1) Eligible institution.--The term `eligible
institution' has the meaning given the term `teacher,
principal, or other school leader preparation academy' in
section 2002 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6602).''; and
(2) in section 420N (20 U.S.C. 1070g-2)--
(A) in the matter preceding clause (i) of
subsection (a)(2)(B), by inserting ``, including an
early childhood teacher (defined in this section as a
teacher who has primary responsibility for the learning
and development of children within an early childhood
education program),'' after ``prospective teacher'';
(B) in subsection (c)--
(i) by striking ``Service'' and all that
follows through ``event'' and inserting the
following: ``Service.--
``(1) In general.--In the event'';
(ii) by inserting ``paragraph (2) and the''
after ``in accordance with''; and
(iii) by adding at the end the following:
``(2) Partial forgiveness of repayment.--In the event that
a recipient described in paragraph (1) has fulfilled a portion
of the service obligation in the agreement under subsection
(b), the amount that is treated as a Federal Direct
Unsubsidized Stafford Loan under part D of title IV and subject
to repayment (together with the interest thereon) for that
recipient shall be reduced by an amount that bears the same
ratio to the total amount of the recipient's grant under this
subpart as the amount of time the recipient has fulfilled of
the recipient's service obligation bears to the total amount of
time of the service obligation in the agreement under
subsection (b).''; and
(C) in subsection (d)--
(i) by redesignating paragraphs (1) and (2)
as paragraphs (2) and (3), respectively;
(ii) in paragraph (2), as redesignated by
clause (i), by striking ``subsection
(b)(1)(C)(vii)'' and inserting ``paragraph
(1)''; and
(iii) by inserting before paragraph (2), as
redesignated by clause (i), the following:
``(1) High-need designation.--The Secretary shall develop,
periodically update, and publish a list of designated high-need
fields for purposes of this subpart.''.
(b) Simplification of the Application Process and Streamlining the
TEACH Grant Dispute Process.--Section 420P of the Higher Education Act
of 1965 (20 U.S.C. 1070g-4) is amended--
(1) in the section heading, by inserting ``; program
improvement'' after ``program report'';
(2) by striking ``Not later'' and inserting the following:
``(a) Program Report.--Not later''; and
(3) by adding at the end the following:
``(b) Program Improvement.--By not later than 6 months after the
date of enactment of the Supporting the Teaching profession through
Revitalizing Investments in Valuable Educators Act, and periodically
thereafter, the Secretary shall--
``(1) work with States to identify and implement a process
for increasing awareness of, and simplifying the application
process for--
``(A) TEACH Grants;
``(B) loan forgiveness, in accordance with section
420N(c)(2), for any amount of a TEACH Grant to a
student that is converted to a loan under section
420N(c)(1); and
``(C) waivers of the service obligation for TEACH
Grants, in accordance with section 420N(d)(3); and
``(2)(A) review the procedures, including the dispute
resolution procedures, of the process through which the service
obligation of a recipient of a TEACH grant is converted to a
loan under section 420N(c)(1) or waived under section
420N(d)(3); and
``(B) disseminate and make publicly available and easily
accessible to the appropriate audiences clear, consistent
information on the procedures, including--
``(i) an explanation that recipients have an option
to dispute the conversion or waiver decision;
``(ii) how a recipient can initiate a dispute; and
``(iii) the specific criteria considered in the
adjudicating process.''.
(c) Data Regarding Federal Loan Forgiveness and Service Scholarship
Programs.--Each year, the Secretary of Education shall prepare and make
publicly available data on the Federal loan forgiveness and service
scholarship programs administered by the Secretary, including, for each
program and for the most recent year for which data are available, the
rates of loan cancellation under such program, the rates of completion
of any service requirement required for the program, and the conversion
rate regarding how many grants or scholarships are converted to loans
for repayment based on the student's failure to complete the program or
any required service obligation.
(d) Effective Date.--This section, and the amendments made by this
section, shall take effect on July 1, 2020.
SEC. 55123. PROGRAM TO SUBSIDIZE TEACHER CERTIFICATION AND LICENSING
FEES.
(a) In General.--Subpart 9 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070g et seq.), as amended by this
subtitle, is further amended by adding at the end the following:
``SEC. 420Q. PROGRAM TO SUBSIDIZE TEACHER CERTIFICATION AND LICENSING
FEES.
``(a) Definitions.--In this section:
``(1) Low-income individual.--The term `low-income
individual' has the meaning given the term in section 402A(h).
``(2) Teaching profession.--The term `teaching profession'
includes elementary education, secondary education, and early
childhood education.
``(b) Program Authorized.--From amounts appropriated under
subsection (f), the Secretary shall award grants, from allotments under
subsection (c), to institutions of higher education to subsidize
teacher certification and licensing fees for low-income individuals who
have accepted a teaching position.
``(c) Allotments.--For each fiscal year, an institution of higher
education that has submitted a complete application under subsection
(d) shall receive an allotment that bears the same relation to the
amounts appropriated under subsection (f) as the number of low-income
students that graduated from the institution of higher education, in
the most recent year for which data are available (as determined by the
Secretary), bears to the total number of low-income students
graduating, in such most recent year, from all institutions of higher
education that have submitted applications.
``(d) Application.--An institution of higher education desiring an
allotment 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.
``(e) Use of Funds.--
``(1) In general.--An institution of higher education
receiving funds under this program shall use the funds to
reimburse or subsidize the teacher or early childhood educator
examination and other certification or licensure fees for low
income individuals entering the teaching profession, or in the
early stages of their teaching career, who attend a teacher
preparation program in the State in which the institution is
located, which may include fees for--
``(A) additional certification or licensure for the
individual in a high-need field included on the list
described in section 420N(d)(1);
``(B) National Board certification;
``(C) maintaining active status with a professional
disciplinary organization aligned with the high-need
field included on the list described in section
420N(d)(1); or
``(D) in the case of early childhood educators,
further education necessary in order to become highly
competent and successfully take such examination or
obtain such certification or licensure (such as English
as a second language classes, community college
courses, and continuing and distance education).
``(2) Priority in reimbursement.--An institution of higher
education receiving an allotment under this section shall, in
reimbursing or subsidizing fees in accordance with paragraph
(1), give a priority to teachers and early childhood educators
who are members of populations underrepresented in the teaching
or early childhood care profession, respectively.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2020
and each of the 5 succeeding fiscal years.''.
(b) Effective Date.--The amendment made by this section shall take
effect on July 1, 2020.
TITLE VI--TEACHER QUALITY PARTNERSHIPS
SEC. 55201. PURPOSE.
The purposes of this title are--
(1) to ensure that early childhood educators have the
financial and academic support needed to remain in the
profession; and
(2) to strengthen the quality of early childhood education
teaching supports.
SEC. 55202. PROVIDING ACCESS FOR EARLY CHILDHOOD EDUCATORS AND SCHOOL
LEADERS TO TRAINING PROGRAMS.
(a) Definition of Early Childhood Education Program.--Section
103(8)(C)(i) of the Higher Education Act of 1965 (20 U.S.C.
1003(8)(C)(i)) is amended by striking ``age six'' and inserting ``age
six, or the age of entry into elementary school, and''.
(b) Broadening Definitions.--Section 200 of the Higher Education
Act of 1965 (20 U.S.C. 1021) is amended--
(1) in paragraph (4), by inserting ``and includes an
individual employed as a master teacher, lead teacher, or
classroom aide'' before the period at the end;
(2) in paragraph (6)(A)(ii)(II), by striking ``as
applicable,'';
(3) in paragraph (14)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``, and for new early
childhood educators during not less than the
educators' first two years of teaching,'' after
``two years of teaching''; and
(ii) by inserting ``or beginning early
childhood educators'' after ``beginning
teachers'';
(B) in subparagraph (A), by striking ``teacher
mentoring'' and inserting ``teacher and educator
mentoring'';
(C) in subparagraph (B)--
(i) by inserting ``or early childhood
educators, as the case may be,'' after ``with
teachers'';
(ii) by striking ``mentor teachers'' and
inserting ``mentor teachers or early childhood
educators''; and
(iii) by inserting ``or early childhood
educators'' after ``among teachers'';
(D) in subparagraph (D), by striking ``new
teachers'' and inserting ``new teachers and new early
childhood educators'';
(E) in subparagraph (F)(ii), by inserting ``and
early childhood educators'' after ``teachers'';
(F) in subparagraph (G)--
(i) by inserting ``and exemplary early
childhood educators'' after ``exemplary
teachers''; and
(ii) by inserting ``and early childhood
educators'' after ``new teachers''; and
(G) in subparagraph (I), by inserting ``and early
childhood educators'' after ``new teachers'';
(4) in paragraph (21)--
(A) in the paragraph heading, by striking ``Teacher
mentoring'' and inserting ``Teacher and educator
mentoring'';
(B) in the matter preceding subparagraph (A)--
(i) by striking ``teacher mentoring'' and
inserting ``teacher and educator mentoring'';
and
(ii) by inserting ``and early childhood
educators'' after ``prospective teachers'';
(C) in subparagraph (A), by striking ``teacher
mentors'' and inserting ``mentor teachers or, in the
case of prospective early childhood educators, mentor
early childhood educators,''; and
(D) in subparagraph (C), by inserting ``, or in a
high-need early childhood education program,'' after
``local educational agency''; and
(5) in paragraph (22)--
(A) in the paragraph heading, by striking
``teaching residency program'' and inserting ``teacher
and educator residency program'';
(B) in the matter preceding subclause (A)--
(i) by striking ``teaching residency
program'' and inserting ``teacher or educator
residency program'';
(ii) by inserting ``, or an early childhood
education program-based preparation program for
early childhood educators,'' after ``teacher
preparation program''; and
(iii) by inserting ``or early childhood
educator'' after ``prospective teacher'';
(C) in subparagraph (A), by striking ``mentor
teacher'' and inserting ``mentor teacher or early
childhood educator'';
(D) in subparagraph (B), by inserting ``or early
childhood educator'' after ``the teacher''; and
(E) by striking subparagraph (D) and inserting the
following:
``(D) prior to completion of the program--
``(i) in the case of a prospective
teacher--
``(I) attains full State
certification or licensure and, with
respect to a special education teacher,
meets the qualifications described in
section 612(a)(14)(C) of the
Individuals with Disabilities Education
Act; and
``(II) acquires a master's degree
not later than 18 months after
beginning the program; and
``(ii) in the case of a prospective early
childhood educator--
``(I) becomes highly competent;
``(II) attains full State
certification or licensure; and
``(III) acquires a baccalaureate
degree or an associate's degree not
later than 6 years after beginning the
program.''.
(c) Expanding Purposes.--Section 201 of the Higher Education Act of
1965 (20 U.S.C. 1022) is amended--
(1) in paragraph (2)--
(A) by inserting ``and early childhood educators''
after ``prospective and new teachers'';
(B) by inserting ``and early childhood educators''
after ``prospective teachers''; and
(C) by inserting ``and early childhood educators''
after ``for new teachers'';
(2) in paragraph (3), by inserting ``and early childhood
educators'' after ``preparing teachers''; and
(3) in paragraph (4), by inserting ``and early childhood
education'' before ``force''.
(d) Including Early Childhood Educators in Partnership Grants.--
Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, as
applicable,'';
(B) in paragraph (2), by inserting ``and early
childhood educators'' after ``teachers'';
(C) in paragraph (3), by inserting ``and early
childhood educators'' after ``teachers'';
(D) in paragraph (4)--
(i) in subparagraph (A), by inserting ``or
early childhood educator'' after ``teacher'';
and
(ii) in subparagraph (B), by inserting ``or
early childhood educator'' after ``teacher'';
(E) in paragraph (6)--
(i) in subparagraph (E)(i), by striking ``,
as appropriate,'';
(ii) in subparagraph (F), by inserting
``and early childhood educators'' after
``general education teachers''; and
(iii) in subparagraph (G), by inserting
``and early childhood educators'' after
``special education teachers''; and
(F) in paragraph (7)--
(i) in subparagraph (A), by inserting ``and
early childhood educators'' after ``prepare
teachers''; and
(ii) in subparagraph (C)--
(I) by striking ``new teachers''
each place the term appears and
inserting ``new teachers and new early
childhood educators'';
(II) by striking ``high-need local
educational agency'' each place the
term appears and inserting ``high-need
local educational agency or early
childhood education program''; and
(III) by striking ``new teachers'
teaching skills'' and inserting
``teaching skills of the new teachers
and new early childhood educators'';
(2) in subsection (c)(1)--
(A) by inserting ``and early childhood educators''
after ``teachers''; and
(B) by striking ``teaching residency program'' and
inserting ``teacher and educator residency program'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``, as applicable,'';
(II) in clause (i)--
(aa) in subclause (II), by
striking ``, as applicable,'';
and
(bb) in subclause (III), by
striking ``as applicable,'';
and
(III) in clause (ii), by striking
``and, as applicable, techniques for
early childhood educators'' and
inserting ``and, for early childhood
educators, techniques,''; and
(ii) in subparagraph (B)(ii)--
(I) in the matter preceding
subclause (I), by striking ``, as
applicable,''; and
(II) in subclause (IV)--
(aa) in item (aa), by
striking ``and'' after the
semicolon;
(bb) in item (bb), by
inserting ``and'' after the
semicolon; and
(cc) by adding at the end
the following:
``(cc) provide culturally
responsive and inclusive
learning environments for all
students;'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``, as applicable,'';
(ii) in subparagraph (A)(ii), by striking
``(as applicable)''; and
(iii) in subparagraph (C), by striking
``teacher mentoring'' and inserting ``teacher
and educator mentoring'';
(C) in paragraph (5)--
(i) in the paragraph heading, by inserting
``and early childhood educator'' after
``Teacher'';
(ii) in the matter preceding subparagraph
(A)--
(I) by inserting ``or early
childhood educators'' after ``become
teachers''; and
(II) by striking ``teaching
profession'' and inserting ``teaching
and early childhood education
profession''; and
(iii) in subparagraph (B), by inserting
``or early childhood educator'' after
``teacher''; and
(D) in paragraph (6), in the matter preceding
subparagraph (A), by inserting ``and early childhood
educators'' after ``teachers'';
(4) in subsection (e)--
(A) in the subsection heading, by striking
``Teaching Residency'' and inserting ``Teacher and
Educator Residency'';
(B) by striking ``teaching residency'' each place
the term appears and inserting ``teacher and educator
residency'';
(C) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or
high-need early childhood education program''
before ``in the partnership'';
(ii) in subparagraph (B)--
(I) by inserting ``or early
childhood education program'' after
``receiving school''; and
(II) by striking ``mentor
teachers'' and inserting ``mentor
teachers or early childhood
educators''; and
(iii) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``teaching residents''
and inserting ``teacher or early
childhood educator residents'';
(II) in clause (ii), by striking
``teacher mentoring'' and inserting
``teacher and educator mentoring''; and
(III) in clause (iii), by striking
``new teachers'' and inserting ``new
teachers or early childhood
educators''; and
(D) in paragraph (2)--
(i) in the paragraph heading, by striking
``Teaching'' and inserting ``Teacher and
educator'';
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``teaching
residencies'' and inserting
``teacher and educator
residencies'';
(bb) by inserting ``and
early childhood educators''
after ``teachers''; and
(cc) by inserting ``and
high-need early childhood
education programs'' after
``high-need schools'';
(II) in clause (i), by striking
``teacher mentoring'' and inserting
``teacher and educator mentoring'';
(III) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking ``mentor teacher'' and
inserting ``mentor teacher or
early childhood educator'';
(bb) in subclause (II), by
inserting ``and early childhood
educators'' after ``new
teachers'';
(cc) in subclause (III), by
striking ``teaching duties''
and inserting ``teaching or
educating duties''; and
(dd) in subclause (IV), by
inserting ``or early childhood
educators'' after ``teachers'';
(IV) in clause (iv), by striking
``mentor teachers'' and inserting
``mentor teachers and early childhood
educators'';
(V) in clause (vi)--
(aa) in subclause (I)--
(AA) by inserting
``or early childhood
education program''
after ``local
educational agency'';
and
(BB) by inserting
``or program'' after
``such agency''; and
(bb) in subclause (II), by
inserting ``or early childhood
education'' after ``teaching'';
and
(VI) in clause (vii)--
(aa) by striking ``teaching
residents'' and inserting
``teacher or educator
residents'';
(bb) by inserting ``or
early childhood educators''
after ``teachers''; and
(cc) by inserting ``or work
as an early childhood
educator'' after ``two years of
teaching''; and
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``teaching residents'' and inserting
``teacher and educator residents'';
(II) in clause (ii), by striking
``teacher residency'' and inserting
``teacher or educator residency'';
(III) in clause (iii)--
(aa) in subclause (I), by
inserting ``or early childhood
educator'' after ``teacher'';
(bb) by striking subclause
(II) and inserting the
following:
``(II)(aa) in the case of a teacher
applicant, fulfill the requirement
under subclause (I) by teaching in a
high-need school served by the high-
need local educational agency in the
eligible partnership and teach a
subject or area that is designated as
high need by the partnership; or
``(bb) in the case of an early
childhood educator applicant, fulfill
the requirement under subclause (I) by
teaching in a high-need early childhood
education program;''; and
(cc) in subclause (IV), by
inserting ``, or, in the case
of an early childhood educator,
will be highly competent,''
after ``Act,''; and
(IV) in clause (iv)--
(aa) in subclause (I), by
striking ``A grantee carrying
out'' and inserting ``Subject
to subclause (II), a grantee
carrying out'';
(bb) by redesignating
subclauses (II) and (III) as
subclauses (III) and (IV),
respectively;
(cc) by inserting after
subclause (I) the following:
``(II) Exceptions to repayment
requirement.--An eligible partnership
carrying out a teacher and educator
residency program under this paragraph
shall not require repayment under this
clause by a recipient if the recipient
is unable to complete the teacher and
educator residency program, or the
service requirement, due to--
``(aa) extenuating or
unforeseen financial
circumstances, health reasons,
or personal or family
obligations;
``(bb) incapacitation;
``(cc) inability to secure
employment in a school served
by the eligible partnership;
``(dd) being called to
active duty in the armed forces
of the United States; or
``(ee) other extraordinary
circumstances.''; and
(dd) in subclause (III), as
redesignated by item (bb), by
striking ``on grounds'' and all
that follows through the period
at the end and inserting ``on
grounds not covered under
subclause (II).'';
(5) in subsection (f)(1)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``or early
childhood education program'' after ``school'';
(ii) in clause (ii), by inserting ``or
early childhood educators'' after ``teachers'';
(iii) in clause (iii), by striking
``teacher instruction and drive teacher and
student learning'' and inserting ``teacher or
early childhood educator instruction and drive
the learning of teachers or early childhood
educators, and students''; and
(iv) in clause (iv), by striking ``school
environment'' and inserting ``school or early
childhood education program environment''; and
(B) in subparagraph (D)(i)--
(i) in subclause (I), by inserting ``, or
in high-need early childhood education
programs'' before the semicolon at the end; and
(ii) in subclause (II)--
(I) by inserting ``or early
childhood educators'' after
``teachers''; and
(II) by inserting ``or high-need
early childhood education programs''
before the period at the end; and
(6) in subsection (g)--
(A) by inserting ``or early childhood educator''
after ``pre-baccalaureate teacher''; and
(B) by inserting ``or early childhood educators''
before the period at the end.
(e) Accountability, Evaluation, and Information.--Section 204 of
the Higher Education Act of 1965 (20 U.S.C. 1022c) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``or early
childhood educators'' after ``teachers'';
(B) in paragraph (2), by inserting ``, and early
childhood educator retention in the first three years
of an early childhood educator's career'' before the
semicolon at the end;
(C) in paragraph (3)--
(i) by inserting ``(A)'' before
``improvement''; and
(ii) by adding at the end the following:
``(B) in the case of eligible partnerships offering
programs that lead to State certification or licensure
of early childhood educators, improvement in the pass
rates and scaled scores for initial State certification
or licensure of early childhood educators; and''; and
(D) in paragraph (4)(F), by striking ``as
applicable,''; and
(2) in subsection (b)--
(A) by striking ``shall ensure'' and inserting the
following: ``shall--
``(1) ensure''; and
(B) by striking ``part.'' and inserting the
following: ``part; and
``(2) in the case of an eligible partnership that offers an
early childhood education program that does not lead to State
licensure or certification as an early childhood educator,
clearly indicate that fact in the information provided
regarding the early childhood program through the grant and any
reports submitted under this part.''.
(f) Accountability for Preparation Programs.--Section 205 of the
Higher Education Act of 1965 (20 U.S.C. 1022d) is amended--
(1) in the section heading, by inserting ``and early
childhood educators'' after ``teachers'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(3) by inserting after subsection (b) the following:
``(c) State Report Card on the Quality of Early Childhood
Educators.--
``(1) In general.--Each State that receives funds under
this Act shall provide to the Secretary, and make widely
available to the general public, in a uniform and
comprehensible manner that conforms with the definitions and
methods established by the Secretary, an annual State report
card on the quality of early childhood educator preparation
programs that lead to early childhood educator licensure or
certification in the State.
``(2) Additional content.--Each State report card issued
under this subsection shall also include an explanation of--
``(A) how the State is making early childhood
educators aware of available tax credit programs,
scholarship programs, and loan programs; and
``(B) how the State is implementing or designing
flexible early childhood educator preparation
programs.''; and
(4) in subsection (e), as redesignated by paragraph (2)--
(A) in paragraph (1), by inserting ``and on early
childhood educator qualifications and preparation in
the United States, including the information described
in subsection (c)(2)'' after ``subsection (b)(1)''; and
(B) in each of subparagraphs (A) and (B) of
paragraph (2), by striking ``teaching force'' and
inserting ``teacher and early childhood educator
force''.
(g) Enhancing Teacher, Early Childhood, and School Leader Education
Through Centers of Excellence.--Subpart 2 of part B of title II of the
Higher Education Act of 1965 (20 U.S.C. 1033 et seq.) is amended--
(1) in section 241(1)(A) (20 U.S.C. 1033(1)(A)), in the
matter preceding clause (i), by striking ``teacher
preparation'' each place the term appears and inserting
``teacher, early childhood educator, and school leader
preparation'';
(2) in section 242(b) (20 U.S.C. 1033a(b))--
(A) in the matter preceding paragraph (1), by
striking ``future teachers'' and inserting ``future
teachers, early childhood educators, and school
leaders'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``teacher
preparation'' and inserting ``teacher,
early childhood educator, and school
leader preparation''; and
(II) by striking ``teachers who''
and inserting ``teachers, early
childhood educators, and school leaders
who''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``teacher
preparation'' and inserting ``teacher,
early childhood educator, and school
leader preparation'';
(II) in clause (i), by striking
``teachers to'' and inserting
``teachers, early childhood educators,
and school leaders to''; and
(III) in clause (ii), by striking
``teaching skills'' and inserting
``teaching and leadership skills'';
(C) in paragraph (2)--
(i) by inserting ``, early childhood
educators, and school leaders'' after
``prospective teachers'';
(ii) by inserting ``, early childhood
educators, and school leaders'' after
``exemplary teachers'';
(iii) by striking ``principals, and other
administrators'' inserting ``early childhood
educators, and school leaders''; and
(iv) by striking ``elementary schools or''
and inserting ``early childhood education
programs, elementary schools, or'';
(D) in paragraph (3)--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``or early
childhood educators'' after ``retention
of teachers''; and
(II) by striking ``highly qualified
principals, including minority teachers
and principals,'' and inserting
``highly qualified school leaders,
including minority teachers, early
childhood educators, and school
leaders,''; and
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) teacher, early childhood educator, or school
leadership mentoring from exemplary teachers, early
childhood educators, or school leaders, respectively;
or
``(B) induction and support for teachers, early
childhood educators, and school leaders during their
first three years of employment as teachers, early
childhood educators, and school leaders,
respectively.'';
(E) in paragraph (4), by striking ``teacher'' and
inserting ``teacher, early childhood educator, or
school leader'';
(F) in paragraph (5), by striking ``teacher
preparation and successful teacher certification'' and
inserting ``teacher, early childhood educator, and
school leader preparation and successful
certification''; and
(G) by adding at the end the following:
``(7) Establishing or expanding teacher, early childhood
educator, or school leader residency or clinical programs in
local low-income elementary schools or secondary schools.'';
and
(3) by adding at the end the following:
``SEC. 243. FUNDING.
``Notwithstanding any other provision of this title, if the funds
appropriated to carry out this title for a fiscal year exceeds
$300,000,000, the Secretary shall reserve 50 percent of the amount by
which the appropriated funds exceed $300,000,000 to carry out this
subpart for such fiscal year.''.
SEC. 55203. MANDATORY FUNDING FOR TEACHER QUALITY PARTNERSHIP PROGRAM.
Section 209 of the Higher Education Act of 1965 (20 U.S.C. 1022h)
is amended to read as follows:
``SEC. 209. AUTHORIZATION AND APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part,
and there are appropriated, out of any money in the Treasury not
otherwise appropriated, $350,000,000 for fiscal year 2020 and each
subsequent fiscal year.''.
TITLE VII--PROHIBITION ON FEDERAL FUNDS FOR POLICE IN SCHOOLS
SEC. 55301. PROHIBITION ON FEDERAL FUNDS FOR POLICE IN SCHOOLS.
(a) Federal Funds Prohibition.--Notwithstanding the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.),
including the COPS grant program, the Edward Byrne Memorial Justice
Assistance Grant Program, or any other provision of law, no Federal
funding shall be appropriated or used for hiring, maintaining, or
training sworn law enforcement officers to be used or employed in
elementary or secondary schools, preschools, or programs based on
elementary or secondary schools in any capacity.
(b) COPS Grants Program.--Section 1701 of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended--
(1) In subsection (b), by repealing paragraph (12); and
(2) by adding at the end of the following:
``(n) Prohibition on Use of Funds for Sworn Law Enforcement
Officers.--A recipient of a grant under this part may not use such
funds for sworn law enforcement officers who operate in and around
elementary and secondary schools.''
DIVISION B--JUSTICE
TITLE I--CRIMINAL JUSTICE
Subtitle A--George Floyd Justice in Policing
SEC. 10001. SHORT TITLE.
This subtitle may be cited as the ``George Floyd Justice in
Policing Act of 2020''.
SEC. 10002. DEFINITIONS.
In this subtitle:
(1) Byrne grant program.--The term ``Byrne grant program''
means any grant program under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.), without regard to whether the funds are
characterized as being made available under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(2) COPS grant program.--The term ``COPS grant program''
means the grant program authorized under section 1701 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381).
(3) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' means any agency of the United States
authorized to engage in or supervise the prevention, detection,
investigation, or prosecution of any violation of Federal
criminal law.
(4) Federal law enforcement officer.--The term ``Federal
law enforcement officer'' has the meaning given the term in
section 115 of title 18, United States Code.
(5) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 901 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251).
(6) Local law enforcement officer.--The term ``local law
enforcement officer'' means any officer, agent, or employee of
a State or unit of local government authorized by law or by a
government agency to engage in or supervise the prevention,
detection, or investigation of any violation of criminal law.
(7) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10251).
(8) Tribal law enforcement officer.--The term ``tribal law
enforcement officer'' means any officer, agent, or employee of
an Indian tribe, or the Bureau of Indian Affairs, authorized by
law or by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law.
(9) Unit of local government.--The term ``unit of local
government'' has the meaning given the term in section 901 of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10251).
(10) Deadly force.--The term ``deadly force'' means that
force which a reasonable person would consider likely to cause
death or serious bodily harm, including--
(A) the discharge of a firearm;
(B) a maneuver that restricts blood or oxygen flow
to the brain, including chokeholds, strangleholds, neck
restraints, neckholds, and carotid artery restraints;
and
(C) multiple discharges of an electronic control
weapon.
(11) Use of force.--The term ``use of force'' includes--
(A) the use of a firearm, electronic control
weapon, explosive device, chemical agent (such as
pepper spray), baton, impact projectile, blunt
instrument, hand, fist, foot, canine, or vehicle
against an individual;
(B) the use of a weapon, including a personal body
weapon, chemical agent, impact weapon, extended range
impact weapon, sonic weapon, sensory weapon, conducted
energy device, or firearm, against an individual; or
(C) any intentional pointing of a firearm at an
individual.
(12) Less lethal force.--The term ``less lethal force''
means any degree of force that is not likely to cause death or
serious bodily injury.
(13) Facial recognition.--The term ``facial recognition''
means an automated or semiautomated process that analyzes
biometric data of an individual from video footage to identify
or assist in identifying an individual.
PART 1--POLICE ACCOUNTABILITY
Subpart I--Holding Police Accountable in the Courts
SEC. 10011. DEPRIVATION OF RIGHTS UNDER COLOR OF LAW.
Section 242 of title 18, United States Code, is amended--
(1) by striking ``willfully'' and inserting ``knowingly or
recklessly'';
(2) by striking ``, or may be sentenced to death''; and
(3) by adding at the end the following: ``For purposes of
this section, an act shall be considered to have resulted in
death if the act was a substantial factor contributing to the
death of the person.''.
SEC. 10012. QUALIFIED IMMUNITY REFORM.
Section 1979 of the Revised Statutes of the United States (42
U.S.C. 1983) is amended by adding at the end the following: ``It shall
not be a defense or immunity in any action brought under this section
against a local law enforcement officer (as such term is defined in
section 2 of the George Floyd Justice in Policing Act of 2020), or in
any action under any source of law against a Federal investigative or
law enforcement officer (as such term is defined in section 2680(h) of
title 28, United States Code), that--
``(1) the defendant was acting in good faith, or that the
defendant believed, reasonably or otherwise, that his or her
conduct was lawful at the time when the conduct was committed;
or
``(2) the rights, privileges, or immunities secured by the
Constitution and laws were not clearly established at the time
of their deprivation by the defendant, or that at such time,
the state of the law was otherwise such that the defendant
could not reasonably have been expected to know whether his or
her conduct was lawful.''.
SEC. 10013. PATTERN AND PRACTICE INVESTIGATIONS.
(a) Subpoena Authority.--Section 210401 of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12601) is amended--
(1) in subsection (a), by inserting ``, by prosecutors,''
after ``conduct by law enforcement officers'';
(2) in subsection (b), by striking ``paragraph (1)'' and
inserting ``subsection (a)''; and
(3) by adding at the end the following:
``(c) Subpoena Authority.--In carrying out the authority in
subsection (b), the Attorney General may require by subpoena the
production of all information, documents, reports, answers, records,
accounts, papers, and other data in any medium (including
electronically stored information), as well as any tangible thing and
documentary evidence, and the attendance and testimony of witnesses
necessary in the performance of the Attorney General under subsection
(b). Such a subpoena, in the case of contumacy or refusal to obey,
shall be enforceable by order of any appropriate district court of the
United States.
``(d) Civil Action by State Attorneys General.--Whenever it shall
appear to the attorney general of any State, or such other official as
a State may designate, that a violation of subsection (a) has occurred
within their State, the State attorney general or official, in the name
of the State, may bring a civil action in the appropriate district
court of the United States to obtain appropriate equitable and
declaratory relief to eliminate the pattern or practice. In carrying
out the authority in this subsection, the State attorney general or
official shall have the same subpoena authority as is available to the
Attorney General under subsection (c).
``(e) Rule of Construction.--Nothing in this section may be
construed to limit the authority of the Attorney General under
subsection (b) in any case in which a State attorney general has
brought a civil action under subsection (d).
``(f) Reporting Requirements.--On the date that is one year after
the enactment of the George Floyd Justice in Policing Act of 2020, and
annually thereafter, the Civil Rights Division of the Department of
Justice shall make publicly available on an internet website a report
on, during the previous year--
``(1) the number of preliminary investigations of
violations of subsection (a) that were commenced;
``(2) the number of preliminary investigations of
violations of subsection (a) that were resolved; and
``(3) the status of any pending investigations of
violations of subsection (a).''.
(b) Grant Program.--
(1) Grants authorized.--The Attorney General may award a
grant to a State to assist the State in conducting pattern and
practice investigations under section 210401(d) of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12601).
(2) Application.--A State seeking a grant under paragraph
(1) shall submit an application in such form, at such time, and
containing such information as the Attorney General may
require.
(3) Funding.--There are authorized to be appropriated
$100,000,000 to the Attorney General for each of fiscal years
2021 through 2023 to carry out this subsection.
(c) Data on Excessive Use of Force.--Section 210402 of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12602) is
amended--
(1) in subsection (a)--
(A) by striking ``The Attorney General'' and
inserting the following:
``(1) Federal collection of data.--The Attorney General'';
and
(B) by adding at the end the following:
``(2) State collection of data.--The attorney general of a
State may, through appropriate means, acquire data about the
use of excessive force by law enforcement officers and such
data may be used by the attorney general in conducting
investigations under section 210401. This data may not contain
any information that may reveal the identity of the victim or
any law enforcement officer.''; and
(2) by amending subsection (b) to read as follows:
``(b) Limitation on Use of Data Acquired by the Attorney General.--
Data acquired under subsection (a)(1) shall be used only for research
or statistical purposes and may not contain any information that may
reveal the identity of the victim or any law enforcement officer.''.
(d) Enforcement of Pattern or Practice Relief.--Beginning in the
first fiscal year that begins after the date that is one year after the
date of enactment of this Act, a State or unit of local government that
receives funds under the Byrne grant program or the COPS grant program
during a fiscal year may not make available any amount of such funds to
a local law enforcement agency if that local law enforcement agency
enters into or renews any contractual arrangement, including a
collective bargaining agreement with a labor organization, that--
(1) would prevent the Attorney General from seeking or
enforcing equitable or declaratory relief against a law
enforcement agency engaging in a pattern or practice of
unconstitutional misconduct; or
(2) conflicts with any terms or conditions contained in a
consent decree.
SEC. 10014. INDEPENDENT INVESTIGATIONS.
(a) In General.--
(1) Definitions.--In this subsection:
(A) Independent investigation.--The term
``independent investigation'' means a criminal
investigation or prosecution of a law enforcement
officer's use of deadly force, including one or more of
the following:
(i) Using an agency or civilian review
board that investigates and independently
reviews all allegations of use of deadly force
made against law enforcement officers in the
jurisdiction.
(ii) Assigning of the attorney general of
the State in which the alleged use of deadly
force was committed to conduct the criminal
investigation and prosecution.
(iii) Adopting a procedure under which an
independent prosecutor is assigned to
investigate and prosecute the case, including a
procedure under which an automatic referral is
made to an independent prosecutor appointed and
overseen by the attorney general of the State
in which the alleged use of deadly force was
committed.
(iv) Adopting a procedure under which an
independent prosecutor is assigned to
investigate and prosecute the case.
(v) Having law enforcement agencies agree
to and implement memoranda of understanding
with other law enforcement agencies under which
the other law enforcement agencies--
(I) shall conduct the criminal
investigation into the alleged use of
deadly force; and
(II) upon conclusion of the
criminal investigation, shall file a
report with the attorney general of the
State containing a determination
regarding whether--
(aa) the use of deadly
force was appropriate; and
(bb) any action should be
taken by the attorney general
of the State.
(vi) Any substantially similar procedure to
ensure impartiality in the investigation or
prosecution.
(B) Independent investigation of law enforcement
statute.--The term ``independent investigation of law
enforcement statute'' means a statute requiring an
independent investigation in a criminal matter in
which--
(i) one or more of the possible defendants
is a law enforcement officer;
(ii) one or more of the alleged offenses
involves the law enforcement officer's use of
deadly force in the course of carrying out that
officer's duty; and
(iii) the non-Federal law enforcement
officer's use of deadly force resulted in a
death or injury.
(C) Independent prosecutor.--The term ``independent
prosecutor'' means, with respect to a criminal
investigation or prosecution of a law enforcement
officer's use of deadly force, a prosecutor who--
(i) does not oversee or regularly rely on
the law enforcement agency by which the law
enforcement officer under investigation is
employed; and
(ii) would not be involved in the
prosecution in the ordinary course of that
prosecutor's duties.
(2) Grant program.--The Attorney General may award grants
to eligible States and Indian Tribes to assist in implementing
an independent investigation of law enforcement statute.
(3) Eligibility.--To be eligible for a grant under this
subsection, a State or Indian Tribe shall have in effect an
independent investigation of law enforcement statute.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General $750,000,000 for
fiscal years 2021 through 2023 to carry out this subsection.
(b) COPS Grant Program Used for Civilian Review Boards.--Part Q of
title I of the of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10381 et seq.) is amended--
(1) in section 1701(b) (34 U.S.C. 10381(b))--
(A) by redesignating paragraphs (22) and (23) as
paragraphs (23) and (24), respectively;
(B) in paragraph (23), as so redesignated, by
striking ``(21)'' and inserting ``(22)''; and
(C) by inserting after paragraph (21) the
following:
``(22) to develop best practices for and to create civilian
review boards;''; and
(2) in section 1709 (34 U.S.C. 10389), by adding at the end
the following:
``(8) `civilian review board' means an administrative
entity that investigates civilian complaints against law
enforcement officers and--
``(A) is independent and adequately funded;
``(B) has investigatory authority and subpoena
power;
``(C) has representative community diversity;
``(D) has policy making authority;
``(E) provides advocates for civilian complainants;
``(F) may conduct hearings; and
``(G) conducts statistical studies on prevailing
complaint trends.''.
Subpart II--Law Enforcement Trust and Integrity Act
SEC. 10021. SHORT TITLE.
This subpart may be cited as the ``Law Enforcement Trust and
Integrity Act of 2020''.
SEC. 10022. DEFINITIONS.
In this subpart:
(1) Community-based organization.--The term ``community-
based organization'' means a grassroots organization that
monitors the issue of police misconduct and that has a local or
national presence and membership, such as the National
Association for the Advancement of Colored People (NAACP), the
American Civil Liberties Union (ACLU), UnidosUS, the National
Urban League, the National Congress of American Indians, or the
National Asian Pacific American Legal Consortium (NAPALC).
(2) Law enforcement accreditation organization.--The term
``law enforcement accreditation organization'' means a
professional law enforcement organization involved in the
development of standards of accreditation for law enforcement
agencies at the national, State, regional, or Tribal level,
such as the Commission on Accreditation for Law Enforcement
Agencies (CALEA).
(3) Law enforcement agency.--The term ``law enforcement
agency'' means a State, local, Indian tribal, or campus public
agency engaged in the prevention, detection, investigation,
prosecution, or adjudication of violations of criminal laws.
(4) Professional law enforcement association.--The term
``professional law enforcement association'' means a law
enforcement membership association that works for the needs of
Federal, State, local, or Indian tribal law enforcement
agencies and with the civilian community on matters of common
interest, such as the Hispanic American Police Command Officers
Association (HAPCOA), the National Asian Pacific Officers
Association (NAPOA), the National Black Police Association
(NBPA), the National Latino Peace Officers Association (NLPOA),
the National Organization of Black Law Enforcement Executives
(NOBLE), Women in Law Enforcement, the Native American Law
Enforcement Association (NALEA), the International Association
of Chiefs of Police (IACP), the National Sheriffs' Association
(NSA), the Fraternal Order of Police (FOP), or the National
Association of School Resource Officers.
(5) Professional civilian oversight organization.--The term
``professional civilian oversight organization'' means a
membership organization formed to address and advance civilian
oversight of law enforcement and whose members are from
Federal, State, regional, local, or Tribal organizations that
review issues or complaints against law enforcement agencies or
officers, such as the National Association for Civilian
Oversight of Law Enforcement (NACOLE).
SEC. 10023. ACCREDITATION OF LAW ENFORCEMENT AGENCIES.
(a) Standards.--
(1) Initial analysis.--The Attorney General shall perform
an initial analysis of existing accreditation standards and
methodology developed by law enforcement accreditation
organizations nationwide, including national, State, regional,
and Tribal accreditation organizations. Such an analysis shall
include a review of the recommendations of the Final Report of
the President's Taskforce on 21st Century Policing, issued by
the Department of Justice, in May 2015.
(2) Development of uniform standards.--After completion of
the initial review and analysis under paragraph (1), the
Attorney General shall--
(A) recommend, in consultation with law enforcement
accreditation organizations and community-based
organizations, the adoption of additional standards
that will result in greater community accountability of
law enforcement agencies and an increased focus on
policing with a guardian mentality, including standards
relating to--
(i) early warning systems and related
intervention programs;
(ii) use of force procedures;
(iii) civilian review procedures;
(iv) traffic and pedestrian stop and search
procedures;
(v) data collection and transparency;
(vi) administrative due process
requirements;
(vii) video monitoring technology;
(viii) youth justice and school safety; and
(ix) recruitment, hiring, and training; and
(B) recommend additional areas for the development
of national standards for the accreditation of law
enforcement agencies in consultation with existing law
enforcement accreditation organizations, professional
law enforcement associations, labor organizations,
community-based organizations, and professional
civilian oversight organizations.
(3) Continuing accreditation process.--The Attorney General
shall adopt policies and procedures to partner with law
enforcement accreditation organizations, professional law
enforcement associations, labor organizations, community-based
organizations, and professional civilian oversight
organizations to--
(A) continue the development of further
accreditation standards consistent with paragraph (2);
and
(B) encourage the pursuit of accreditation of
Federal, State, local, and Tribal law enforcement
agencies by certified law enforcement accreditation
organizations.
(b) Use of Funds Requirements.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10153(a))
is amended by adding at the end the following:
``(7) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
assist law enforcement agencies of the applicant, including
campus public safety departments, gain or maintain
accreditation from certified law enforcement accreditation
organizations in accordance with section 10023 of the Law
Enforcement Trust and Integrity Act of 2020.''.
(c) Eligibility for Certain Grant Funds.--The Attorney General
shall, as appropriate and consistent with applicable law, allocate
Department of Justice discretionary grant funding only to States or
units of local government that require law enforcement agencies of that
State or unit of local government to gain and maintain accreditation
from certified law enforcement accreditation organizations in
accordance with this section.
SEC. 10024. LAW ENFORCEMENT GRANTS.
(a) Use of Funds Requirement.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153(a)), as amended by section 10023, is amended by adding at the end
the following:
``(8) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
study and implement effective management, training, recruiting,
hiring, and oversight standards and programs to promote
effective community and problem solving strategies for law
enforcement agencies in accordance with section 10024 of the
Law Enforcement Trust and Integrity Act of 2020.''.
(b) Grant Program for Community Organizations.--The Attorney
General may make grants to community-based organizations to study and
implement--
(1) effective management, training, recruiting, hiring, and
oversight standards and programs to promote effective community
and problem solving strategies for law enforcement agencies; or
(2) effective strategies and solutions to public safety,
including strategies that do not rely on Federal and local law
enforcement agency responses.
(c) Use of Funds.--Grant amounts described in paragraph (8) of
section 502(a) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10153(a)), as added by subsection (a) of this
section, and grant amounts awarded under subsection (b) shall be used
to--
(1) study management and operations standards for law
enforcement agencies, including standards relating to
administrative due process, residency requirements,
compensation and benefits, use of force, racial profiling,
early warning and intervention systems, youth justice, school
safety, civilian review boards or analogous procedures, or
research into the effectiveness of existing programs, projects,
or other activities designed to address misconduct; and
(2) develop pilot programs and implement effective
standards and programs in the areas of training, hiring and
recruitment, and oversight that are designed to improve
management and address misconduct by law enforcement officers.
(d) Components of Pilot Program.--A pilot program developed under
subsection (c)(2) shall include implementation of the following:
(1) Training.--The implementation of policies, practices,
and procedures addressing training and instruction to comply
with accreditation standards in the areas of--
(A) the use of deadly force, less lethal force, and
de-escalation tactics and techniques;
(B) investigation of officer misconduct and
practices and procedures for referring to prosecuting
authorities allegations of officer use of excessive
force or racial profiling;
(C) disproportionate contact by law enforcement
with minority communities;
(D) tactical and defensive strategy;
(E) arrests, searches, and restraint;
(F) professional verbal communications with
civilians;
(G) interactions with--
(i) youth;
(ii) individuals with disabilities;
(iii) individuals with limited English
proficiency; and
(iv) multi-cultural communities;
(H) proper traffic, pedestrian, and other
enforcement stops; and
(I) community relations and bias awareness.
(2) Recruitment, hiring, retention, and promotion of
diverse law enforcement officers.--Policies, procedures, and
practices for--
(A) the hiring and recruitment of diverse law
enforcement officers who are representative of the
communities they serve;
(B) the development of selection, promotion,
educational, background, and psychological standards
that comport with title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.); and
(C) initiatives to encourage residency in the
jurisdiction served by the law enforcement agency and
continuing education.
(3) Oversight.--Complaint procedures, including the
establishment of civilian review boards or analogous procedures
for jurisdictions across a range of sizes and agency
configurations, complaint procedures by community-based
organizations, early warning systems and related intervention
programs, video monitoring technology, data collection and
transparency, and administrative due process requirements
inherent to complaint procedures for members of the public and
law enforcement.
(4) Youth justice and school safety.--Uniform standards on
youth justice and school safety that include best practices for
law enforcement interaction and communication with children and
youth, taking into consideration adolescent development and any
disability, including--
(A) the right to effective and timely notification
of a parent or legal guardian of any law enforcement
interaction, regardless of the immigration status of
the individuals involved; and
(B) the creation of positive school climates by
improving school conditions for learning by--
(i) eliminating school-based arrests and
referrals to law enforcement;
(ii) using evidence-based preventative
measures and alternatives to school-based
arrests and referrals to law enforcement, such
as restorative justice and healing practices;
and
(iii) using school-wide positive behavioral
interventions and supports.
(5) Victim services.--Counseling services, including
psychological counseling, for individuals and communities
impacted by law enforcement misconduct.
(e) Technical Assistance.--
(1) In general.--The Attorney General may provide technical
assistance to States and community-based organizations in
furtherance of the purposes of this section.
(2) Models for reduction of law enforcement misconduct.--
The technical assistance provided by the Attorney General may
include the development of models for States and community-
based organizations to reduce law enforcement officer
misconduct. Any development of such models shall be in
consultation with community-based organizations.
(f) Use of Components.--The Attorney General may use any component
or components of the Department of Justice in carrying out this
section.
(g) Applications.--An application for a grant under subsection (b)
shall be submitted in such form, and contain such information, as the
Attorney General may prescribe by rule.
(h) Performance Evaluation.--
(1) Monitoring components.--
(A) In general.--Each program, project, or activity
funded under this section shall contain a monitoring
component, which shall be developed pursuant to rules
made by the Attorney General.
(B) Requirement.--Each monitoring component
required under subparagraph (A) shall include
systematic identification and collection of data about
activities, accomplishments, and programs throughout
the duration of the program, project, or activity and
presentation of such data in a usable form.
(2) Evaluation components.--
(A) In general.--Selected grant recipients shall be
evaluated on the local level or as part of a national
evaluation, pursuant to rules made by the Attorney
General.
(B) Requirements.--An evaluation conducted under
subparagraph (A) may include independent audits of
police behavior and other assessments of individual
program implementations. For community-based
organizations in selected jurisdictions that are able
to support outcome evaluations, the effectiveness of
funded programs, projects, and activities may be
required.
(3) Periodic review and reports.--The Attorney General may
require a grant recipient to submit biannually to the Attorney
General the results of the monitoring and evaluations required
under paragraphs (1) and (2) and such other data and
information as the Attorney General determines to be necessary.
(i) Revocation or Suspension of Funding.--If the Attorney General
determines, as a result of monitoring under subsection (h) or
otherwise, that a grant recipient under the Byrne grant program or
under subsection (b) is not in substantial compliance with the
requirements of this section, the Attorney General may revoke or
suspend funding of that grant, in whole or in part.
(j) Civilian Review Board Defined.--In this section, the term
``civilian review board'' means an administrative entity that
investigates civilian complaints against law enforcement officers and--
(1) is independent and adequately funded;
(2) has investigatory authority and subpoena power;
(3) has representative community diversity;
(4) has policy making authority;
(5) provides advocates for civilian complainants;
(6) may conduct hearings; and
(7) conducts statistical studies on prevailing complaint
trends.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General $25,000,000 for fiscal year 2021
to carry out the grant program authorized under subsection (b).
SEC. 10025. ATTORNEY GENERAL TO CONDUCT STUDY.
(a) Study.--
(1) In general.--The Attorney General shall conduct a
nationwide study of the prevalence and effect of any law, rule,
or procedure that allows a law enforcement officer to delay the
response to questions posed by a local internal affairs
officer, or review board on the investigative integrity and
prosecution of law enforcement misconduct, including pre-
interview warnings and termination policies.
(2) Initial analysis.--The Attorney General shall perform
an initial analysis of existing State laws, rules, and
procedures to determine whether, at a threshold level, the
effect of the type of law, rule, or procedure that raises
material investigatory issues that could impair or hinder a
prompt and thorough investigation of possible misconduct,
including criminal conduct.
(3) Data collection.--After completion of the initial
analysis under paragraph (2), and considering material
investigatory issues, the Attorney General shall gather
additional data nationwide on similar laws, rules, and
procedures from a representative and statistically significant
sample of jurisdictions, to determine whether such laws, rules,
and procedures raise such material investigatory issues.
(b) Reporting.--
(1) Initial analysis.--Not later than 120 days after the
date of the enactment of this Act, the Attorney General shall--
(A) submit to Congress a report containing the
results of the initial analysis conducted under
subsection (a)(2);
(B) make the report submitted under subparagraph
(A) available to the public; and
(C) identify the jurisdictions for which the study
described in subsection (a)(3) is to be conducted.
(2) Data collected.--Not later than 2 years after the date
of the enactment of this Act, the Attorney General shall submit
to Congress a report containing the results of the data
collected under this section and publish the report in the
Federal Register.
SEC. 10026. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2021, in
addition to any other sums authorized to be appropriated--
(1) $25,000,000 for additional expenses relating to the
enforcement of section 210401 of the Violent Crime Control and
Law Enforcement Act of 1994 (34 U.S.C. 12601), criminal
enforcement under sections 241 and 242 of title 18, United
States Code, and administrative enforcement by the Department
of Justice of such sections, including compliance with consent
decrees or judgments entered into under such section 210401;
and
(2) $3,300,000 for additional expenses related to conflict
resolution by the Department of Justice's Community Relations
Service.
SEC. 10027. NATIONAL TASK FORCE ON LAW ENFORCEMENT OVERSIGHT.
(a) Establishment.--There is established within the Department of
Justice a task force to be known as the Task Force on Law Enforcement
Oversight (hereinafter in this section referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall be composed of individuals
appointed by the Attorney General, who shall appoint not less than 1
individual from each of the following:
(1) The Special Litigation Section of the Civil Rights
Division.
(2) The Criminal Section of the Civil Rights Division.
(3) The Federal Coordination and Compliance Section of the
Civil Rights Division.
(4) The Employment Litigation Section of the Civil Rights
Division.
(5) The Disability Rights Section of the Civil Rights
Division.
(6) The Office of Justice Programs.
(7) The Office of Community Oriented Policing Services
(COPS).
(8) The Corruption/Civil Rights Section of the Federal
Bureau of Investigation.
(9) The Community Relations Service.
(10) The Office of Tribal Justice.
(11) The unit within the Department of Justice assigned as
a liaison for civilian review boards.
(c) Powers and Duties.--The Task Force shall consult with
professional law enforcement associations, labor organizations, and
community-based organizations to coordinate the process of the
detection and referral of complaints regarding incidents of alleged law
enforcement misconduct.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each fiscal year to carry out this section.
SEC. 10028. FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES.
(a) Agencies To Report.--Each Federal, State, Tribal, and local law
enforcement agency shall report data of the practices enumerated in
subsection (c) of that agency to the Attorney General.
(b) Breakdown of Information by Race, Ethnicity, and Gender.--For
each practice enumerated in subsection (c), the reporting law
enforcement agency shall provide a breakdown of the numbers of
incidents of that practice by race, ethnicity, age, and gender of the
officers of the agency and of members of the public involved in the
practice.
(c) Practices To Be Reported on.--The practices to be reported on
are the following:
(1) Traffic violation stops.
(2) Pedestrian stops.
(3) Frisk and body searches.
(4) Instances where law enforcement officers used deadly
force, including--
(A) a description of when and where deadly force
was used, and whether it resulted in death;
(B) a description of deadly force directed against
an officer and whether it resulted in injury or death;
and
(C) the law enforcement agency's justification for
use of deadly force, if the agency determines it was
justified.
(d) Retention of Data.--Each law enforcement agency required to
report data under this section shall maintain records relating to any
matter reported for not less than 4 years after those records are
created.
(e) Penalty for States Failing To Report as Required.--
(1) In general.--For any fiscal year, a State shall not
receive any amount that would otherwise be allocated to that
State under section 505(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10156(a)), or
any amount from any other law enforcement assistance program of
the Department of Justice, unless the State has ensured, to the
satisfaction of the Attorney General, that the State and each
local law enforcement agency of the State is in substantial
compliance with the requirements of this section.
(2) Reallocation.--Amounts not allocated by reason of this
subsection shall be reallocated to States not disqualified by
failure to comply with this section.
(f) Regulations.--The Attorney General shall prescribe regulations
to carry out this section.
PART 2--POLICING TRANSPARENCY THROUGH DATA
Subpart I--National Police Misconduct Registry
SEC. 10031. ESTABLISHMENT OF NATIONAL POLICE MISCONDUCT REGISTRY.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish a National
Police Misconduct Registry to be compiled and maintained by the
Department of Justice.
(b) Contents of Registry.--The Registry required to be established
under subsection (a) shall contain the following data with respect to
all Federal and local law enforcement officers:
(1) Each complaint filed against a law enforcement officer,
aggregated by--
(A) complaints that were found to be credible or
that resulted in disciplinary action against the law
enforcement officer, disaggregated by whether the
complaint involved a use of force or racial profiling
(as such term is defined in section 10052);
(B) complaints that are pending review,
disaggregated by whether the complaint involved a use
of force or racial profiling; and
(C) complaints for which the law enforcement
officer was exonerated or that were determined to be
unfounded or not sustained, disaggregated by whether
the complaint involved a use of force or racial
profiling.
(2) Discipline records, disaggregated by whether the
complaint involved a use of force or racial profiling.
(3) Termination records, the reason for each termination,
disaggregated by whether the complaint involved a use of force
or racial profiling.
(4) Records of certification in accordance with section
10032.
(5) Records of lawsuits against law enforcement officers
and settlements of such lawsuits.
(6) Instances where a law enforcement officer resigns or
retires while under active investigation related to the use of
force.
(c) Federal Agency Reporting Requirements.--Not later than 1 year
after the date of enactment of this Act, and every 6 months thereafter,
the head of each Federal law enforcement agency shall submit to the
Attorney General the information described in subsection (b).
(d) State and Local Law Enforcement Agency Reporting
Requirements.--Beginning in the first fiscal year that begins after the
date that is one year after the date of enactment of this Act and each
fiscal year thereafter in which a State receives funds under the Byrne
grant program, the State shall, once every 180 days, submit to the
Attorney General the information described in subsection (b) for the
State and each local law enforcement agency within the State.
(e) Public Availability of Registry.--
(1) In general.--In establishing the Registry required
under subsection (a), the Attorney General shall make the
Registry available to the public on an internet website of the
Attorney General in a manner that allows members of the public
to search for an individual law enforcement officer's records
of misconduct, as described in subsection (b), involving a use
of force or racial profiling.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
SEC. 10032. CERTIFICATION REQUIREMENTS FOR HIRING OF LAW ENFORCEMENT
OFFICERS.
(a) In General.-- Beginning in the first fiscal year that begins
after the date that is one year after the date of the enactment of this
Act, a State or unit of local government, other than an Indian Tribe,
may not receive funds under the Byrne grant program for that fiscal
year if, on the day before the first day of the fiscal year, the State
or unit of local government has not--
(1) submitted to the Attorney General evidence that the
State or unit of local government has a certification and
decertification program for purposes of employment as a law
enforcement officer in that State or unit of local government
that is consistent with the rules made under subsection (c);
and
(2) submitted to the National Police Misconduct Registry
established under section 10031 records demonstrating that all
law enforcement officers of the State or unit of local
government have completed all State certification requirements
during the 1-year period preceding the fiscal year.
(b) Availability of Information.--The Attorney General shall make
available to law enforcement agencies all information in the registry
under section 10031 for purposes of compliance with the certification
and decertification programs described in subsection (a)(1) and
considering applications for employment.
(c) Rules.--The Attorney General shall make rules to carry out this
section and section 10031, including uniform reporting standards.
Subpart II--PRIDE Act
SEC. 10041. SHORT TITLE.
This subpart may be cited as the ``Police Reporting Information,
Data, and Evidence Act of 2020'' or the ``PRIDE Act of 2020''.
SEC. 10042. DEFINITIONS.
In this subpart:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) Local law enforcement officer.--The term ``local law
enforcement officer'' has the meaning given the term in section
10002, and includes a school resource officer.
(3) School.--The term ``school'' means an elementary school
or secondary school (as those terms are defined in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).
(4) School resource officer.--The term ``school resource
officer'' means a sworn law enforcement officer who is--
(A) assigned by the employing law enforcement
agency to a local educational agency or school;
(B) contracting with a local educational agency or
school; or
(C) employed by a local educational agency or
school.
SEC. 10043. USE OF FORCE REPORTING.
(a) Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year that
begins after the date that is one year after the date of
enactment of this Act and each fiscal year thereafter in which
a State or Indian Tribe receives funds under a Byrne grant
program, the State or Indian Tribe shall--
(A) report to the Attorney General, on a quarterly
basis and pursuant to guidelines established by the
Attorney General, information regarding--
(i) any incident involving the use of
deadly force against a civilian by--
(I) a local law enforcement officer
who is employed by the State or by a
unit of local government in the State;
or
(II) a tribal law enforcement
officer who is employed by the Indian
Tribe;
(ii) any incident involving the shooting of
a local law enforcement officer or tribal law
enforcement officer described in clause (i) by
a civilian;
(iii) any incident involving the death or
arrest of a local law enforcement officer or
tribal law enforcement officer;
(iv) any incident during which use of force
by or against a local law enforcement officer
or tribal law enforcement officer described in
clause (i) occurs, which is not reported under
clause (i), (ii), or (iii);
(v) deaths in custody; and
(vi) uses of force in arrests and booking;
(B) establish a system and a set of policies to
ensure that all use of force incidents are reported by
local law enforcement officers or tribal law
enforcement officers; and
(C) submit to the Attorney General a plan for the
collection of data required to be reported under this
section, including any modifications to a previously
submitted data collection plan.
(2) Report information required.--
(A) In general.--The report required under
paragraph (1)(A) shall contain information that
includes, at a minimum--
(i) the national origin, sex, race,
ethnicity, age, disability, English language
proficiency, and housing status of each
civilian against whom a local law enforcement
officer or tribal law enforcement officer used
force;
(ii) the date, time, and location,
including whether it was on school grounds, and
the zip code, of the incident and whether the
jurisdiction in which the incident occurred
allows for the open-carry or concealed-carry of
a firearm;
(iii) whether the civilian was armed, and,
if so, the type of weapon the civilian had;
(iv) the type of force used against the
officer, the civilian, or both, including the
types of weapons used;
(v) the reason force was used;
(vi) a description of any injuries
sustained as a result of the incident;
(vii) the number of officers involved in
the incident;
(viii) the number of civilians involved in
the incident; and
(ix) a brief description regarding the
circumstances surrounding the incident, which
shall include information on--
(I) the type of force used by all
involved persons;
(II) the legitimate police
objective necessitating the use of
force;
(III) the resistance encountered by
each local law enforcement officer or
tribal law enforcement officer involved
in the incident;
(IV) the efforts by local law
enforcement officers or tribal law
enforcement officers to--
(aa) de-escalate the
situation in order to avoid the
use of force; or
(bb) minimize the level of
force used; and
(V) if applicable, the reason why
efforts described in subclause (IV)
were not attempted.
(B) Incidents reported under death in custody
reporting act.--A State or Indian Tribe is not required
to include in a report under subsection (a)(1) an
incident reported by the State or Indian Tribe in
accordance with section 20104(a)(2) of the Violent
Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12104(a)(2)).
(C) Retention of data.--Each law enforcement agency
required to report data under this section shall
maintain records relating to any matter so reportable
for not less than 4 years after those records are
created.
(3) Audit of use-of-force reporting.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, each State or Indian Tribe described in paragraph
(1) shall--
(A) conduct an audit of the use of force incident
reporting system required to be established under
paragraph (1)(B); and
(B) submit a report to the Attorney General on the
audit conducted under subparagraph (A).
(4) Compliance procedure.--Prior to submitting a report
under paragraph (1)(A), the State or Indian Tribe submitting
such report shall compare the information compiled to be
reported pursuant to clause (i) of paragraph (1)(A) to publicly
available sources, and shall revise such report to include any
incident determined to be missing from the report based on such
comparison. Failure to comply with the procedures described in
the previous sentence shall be considered a failure to comply
with the requirements of this section.
(b) Ineligibility for Funds.--
(1) In general.--For any fiscal year in which a State or
Indian Tribe fails to comply with this section, the State or
Indian Tribe, at the discretion of the Attorney General, shall
be subject to not more than a 10-percent reduction of the funds
that would otherwise be allocated for that fiscal year to the
State or Indian Tribe under a Byrne grant program.
(2) Reallocation.--Amounts not allocated under a Byrne
grant program in accordance with paragraph (1) to a State for
failure to comply with this section shall be reallocated under
the Byrne grant program to States that have not failed to
comply with this section.
(3) Information regarding school resource officers.--The
State or Indian Tribe shall ensure that all schools and local
educational agencies within the jurisdiction of the State or
Indian Tribe provide the State or Indian Tribe with the
information needed regarding school resource officers to comply
with this section.
(c) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Attorney
General shall publish, and make available to the public, a
report containing the data reported to the Attorney General
under this section.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
(d) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Attorney General, in coordination with the Director of
the Federal Bureau of Investigation, shall issue guidance on best
practices relating to establishing standard data collection systems
that capture the information required to be reported under subsection
(a)(2), which shall include standard and consistent definitions for
terms.
SEC. 10044. USE OF FORCE DATA REPORTING.
(a) Technical Assistance Grants Authorized.--The Attorney General
may make grants to eligible law enforcement agencies to be used for the
activities described in subsection (c).
(b) Eligibility.--In order to be eligible to receive a grant under
this section a law enforcement agency shall--
(1) be a tribal law enforcement agency or be located in a
State that receives funds under a Byrne grant program;
(2) employ not more that 100 local or tribal law
enforcement officers;
(3) demonstrate that the use of force policy for local law
enforcement officers or tribal law enforcement officers
employed by the law enforcement agency is publicly available;
and
(4) establish and maintain a complaint system that--
(A) may be used by members of the public to report
incidents of use of force to the law enforcement
agency;
(B) makes all information collected publicly
searchable and available; and
(C) provides information on the status of an
investigation related to a use of force complaint.
(c) Activities Described.--A grant made under this section may be
used by a law enforcement agency for--
(1) the cost of assisting the State or Indian Tribe in
which the law enforcement agency is located in complying with
the reporting requirements described in section 10045;
(2) the cost of establishing necessary systems required to
investigate and report incidents as required under subsection
(b)(4);
(3) public awareness campaigns designed to gain information
from the public on use of force by or against local and tribal
law enforcement officers, including shootings, which may
include tip lines, hotlines, and public service announcements;
and
(4) use of force training for law enforcement agencies and
personnel, including training on de-escalation, implicit bias,
crisis intervention techniques, and adolescent development.
SEC. 10045. COMPLIANCE WITH REPORTING REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and each year thereafter, the Attorney General shall
conduct an audit and review of the information provided under this
subpart to determine whether each State or Indian Tribe described in
section 223(a)(1) is in compliance with the requirements of this
subpart.
(b) Consistency in Data Reporting.--
(1) In general.--Any data reported under this subpart shall
be collected and reported--
(A) in a manner consistent with existing programs
of the Department of Justice that collect data on local
law enforcement officer encounters with civilians; and
(B) in a manner consistent with civil rights laws
for distribution of information to the public.
(2) Guidelines.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall--
(A) issue guidelines on the reporting requirement
under section 10045; and
(B) seek public comment before finalizing the
guidelines required under subparagraph (A).
SEC. 10046. FEDERAL LAW ENFORCEMENT REPORTING.
The head of each Federal law enforcement agency shall submit to the
Attorney General, on a quarterly basis and pursuant to guidelines
established by the Attorney General, the information required to be
reported by a State or Indian Tribe under section 10044.
SEC. 10047. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this subpart.
PART 3--IMPROVING POLICE TRAINING AND POLICIES
Subpart I--End Racial and Religious Profiling Act
SEC. 10051. SHORT TITLE.
This subpart may be cited as the ``End Racial and Religious
Profiling Act of 2020'' or ``ERRPA''.
SEC. 10052. DEFINITIONS.
In this subpart:
(1) Covered program.--The term ``covered program'' means
any program or activity funded in whole or in part with funds
made available under--
(A) a Byrne grant program; and
(B) the COPS grant program, except that no program,
project, or other activity specified in section
1701(b)(13) of part Q of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381
et seq.) shall be a covered program under this
paragraph.
(2) Governmental body.--The term ``governmental body''
means any department, agency, special purpose district, or
other instrumentality of Federal, State, local, or Indian
Tribal government.
(3) Hit rate.--The term ``hit rate'' means the percentage
of stops and searches in which a law enforcement agent finds
drugs, a gun, or something else that leads to an arrest. The
hit rate is calculated by dividing the total number of searches
by the number of searches that yield contraband. The hit rate
is complementary to the rate of false stops.
(4) Law enforcement agency.--The term ``law enforcement
agency'' means any Federal, State, or local public agency
engaged in the prevention, detection, or investigation of
violations of criminal, immigration, or customs laws.
(5) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, or local official responsible
for enforcing criminal, immigration, or customs laws, including
police officers and other agents of a law enforcement agency.
(6) Racial profiling.--
(A) In general.--The term ``racial profiling''
means the practice of a law enforcement agent or agency
relying, to any degree, on actual or perceived race,
ethnicity, national origin, religion, gender, gender
identity, or sexual orientation in selecting which
individual to subject to routine or spontaneous
investigatory activities or in deciding upon the scope
and substance of law enforcement activity following the
initial investigatory procedure, except when there is
trustworthy information, relevant to the locality and
timeframe, that links a person with a particular
characteristic described in this paragraph to an
identified criminal incident or scheme.
(B) Exception.--For purposes of subparagraph (A), a
tribal law enforcement officer exercising law
enforcement authority within Indian country, as that
term is defined in section 1151 of title 18, United
States Code, is not considered to be racial profiling
with respect to making key jurisdictional
determinations that are necessarily tied to reliance on
actual or perceived race, ethnicity, or tribal
affiliation.
(7) Routine or spontaneous investigatory activities.--The
term ``routine or spontaneous investigatory activities'' means
the following activities by a law enforcement agent:
(A) Interviews.
(B) Traffic stops.
(C) Pedestrian stops.
(D) Frisks and other types of body searches.
(E) Consensual or nonconsensual searches of the
persons, property, or possessions (including vehicles)
of individuals using any form of public or private
transportation, including motorists and pedestrians.
(F) Data collection and analysis, assessments, and
predicated investigations.
(G) Inspections and interviews of entrants into the
United States that are more extensive than those
customarily carried out.
(H) Immigration-related workplace investigations.
(I) Such other types of law enforcement encounters
compiled for or by the Federal Bureau of Investigation
or the Department of Justice Bureau of Justice
Statistics.
(8) Reasonable request.--The term ``reasonable request''
means all requests for information, except for those that--
(A) are immaterial to the investigation;
(B) would result in the unnecessary disclosure of
personal information; or
(C) would place a severe burden on the resources of
the law enforcement agency given its size.
CHAPTER 1--PROHIBITION OF RACIAL PROFILING
SEC. 10053. PROHIBITION.
No law enforcement agent or law enforcement agency shall engage in
racial profiling.
SEC. 10054. ENFORCEMENT.
(a) Remedy.--The United States, or an individual injured by racial
profiling, may enforce this part in a civil action for declaratory or
injunctive relief, filed either in a State court of general
jurisdiction or in a district court of the United States.
(b) Parties.--In any action brought under this part, relief may be
obtained against--
(1) any governmental body that employed any law enforcement
agent who engaged in racial profiling;
(2) any agent of such body who engaged in racial profiling;
and
(3) any person with supervisory authority over such agent.
(c) Nature of Proof.--Proof that the routine or spontaneous
investigatory activities of law enforcement agents in a jurisdiction
have had a disparate impact on individuals with a particular
characteristic described in section 10052(6) shall constitute prima
facie evidence of a violation of this part.
(d) Attorney's Fees.--In any action or proceeding to enforce this
part against any governmental body, the court may allow a prevailing
plaintiff, other than the United States, reasonable attorney's fees as
part of the costs, and may include expert fees as part of the
attorney's fee. The term ``prevailing plaintiff'' means a plaintiff
that substantially prevails pursuant to a judicial or administrative
judgment or order, or an enforceable written agreement.
CHAPTER 2--PROGRAMS TO ELIMINATE RACIAL PROFILING BY FEDERAL LAW
ENFORCEMENT AGENCIES
SEC. 10054. POLICIES TO ELIMINATE RACIAL PROFILING.
(a) In General.--Federal law enforcement agencies shall--
(1) maintain adequate policies and procedures designed to
eliminate racial profiling; and
(2) cease existing practices that permit racial profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include--
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of Federal
law enforcement training;
(3) the collection of data in accordance with the
regulations issued by the Attorney General under section 10060;
(4) procedures for receiving, investigating, and responding
meaningfully to complaints alleging racial profiling by law
enforcement agents; and
(5) any other policies and procedures the Attorney General
determines to be necessary to eliminate racial profiling by
Federal law enforcement agencies.
CHAPTER 3--PROGRAMS TO ELIMINATE RACIAL PROFILING BY STATE AND LOCAL
LAW ENFORCEMENT AGENCIES
SEC. 10055. POLICIES REQUIRED FOR GRANTS.
(a) In General.--An application by a State or a unit of local
government for funding under a covered program shall include a
certification that such State, unit of local government, and any law
enforcement agency to which it will distribute funds--
(1) maintains adequate policies and procedures designed to
eliminate racial profiling; and
(2) has eliminated any existing practices that permit or
encourage racial profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include--
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data in accordance with the
regulations issued by the Attorney General under section 10060;
and
(4) participation in an administrative complaint procedure
or independent audit program that meets the requirements of
section 10056.
(c) Effective Date.--This section shall take effect 12 months after
the date of enactment of this Act.
SEC. 10056. INVOLVEMENT OF ATTORNEY GENERAL.
(a) Regulations.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act and in consultation with stakeholders,
including Federal, State, and local law enforcement agencies
and community, professional, research, and civil rights
organizations, the Attorney General shall issue regulations for
the operation of administrative complaint procedures and
independent audit programs to ensure that such procedures and
programs provide an appropriate response to allegations of
racial profiling by law enforcement agents or agencies.
(2) Guidelines.--The regulations issued under paragraph (1)
shall contain guidelines that ensure the fairness,
effectiveness, and independence of the administrative complaint
procedures and independent auditor programs.
(b) Noncompliance.--If the Attorney General determines that the
recipient of a grant from any covered program is not in compliance with
the requirements of section 10055 or the regulations issued under
subsection (a), the Attorney General shall withhold, in whole or in
part (at the discretion of the Attorney General), funds for one or more
grants to the recipient under the covered program, until the recipient
establishes compliance.
(c) Private Parties.--The Attorney General shall provide notice and
an opportunity for private parties to present evidence to the Attorney
General that a recipient of a grant from any covered program is not in
compliance with the requirements of this part.
SEC. 10057. DATA COLLECTION DEMONSTRATION PROJECT.
(a) Technical Assistance Grants for Data Collection.--
(1) In general.--The Attorney General may, through
competitive grants or contracts, carry out a 2-year
demonstration project for the purpose of developing and
implementing data collection programs on the hit rates for
stops and searches by law enforcement agencies. The data
collected shall be disaggregated by race, ethnicity, national
origin, gender, and religion.
(2) Number of grants.--The Attorney General shall provide
not more than 5 grants or contracts under this section.
(3) Eligible grantees.--Grants or contracts under this
section shall be awarded to law enforcement agencies that serve
communities where there is a significant concentration of
racial or ethnic minorities and that are not already collecting
data voluntarily.
(b) Required Activities.--Activities carried out with a grant under
this section shall include--
(1) developing a data collection tool and reporting the
compiled data to the Attorney General; and
(2) training of law enforcement personnel on data
collection, particularly for data collection on hit rates for
stops and searches.
(c) Evaluation.--Not later than 3 years after the date of enactment
of this Act, the Attorney General shall enter into a contract with an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data
collected by each of the grantees funded under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out activities under this section--
(1) $5,000,000, over a 2-year period, to carry out the
demonstration program under subsection (a); and
(2) $500,000 to carry out the evaluation under subsection
(c).
SEC. 10058. DEVELOPMENT OF BEST PRACTICES.
(a) Use of Funds Requirement.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153(a)), as amended by sections 10023 and 10024, is amended by adding
at the end the following:
``(9) An assurance that, for each fiscal year covered by an
application, the applicant will use not less than 10 percent of
the total amount of the grant award for the fiscal year to
develop and implement best practice devices and systems to
eliminate racial profiling in accordance with section 10058 of
the End Racial and Religious Profiling Act of 2020.''.
(b) Development of Best Practices.--Grant amounts described in
paragraph (9) of section 502(a) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10153(a)), as added by
subsection (a) of this section, shall be for programs that include the
following:
(1) The development and implementation of training to
prevent racial profiling and to encourage more respectful
interaction with the public.
(2) The acquisition and use of technology to facilitate the
accurate collection and analysis of data.
(3) The development and acquisition of feedback systems and
technologies that identify law enforcement agents or units of
agents engaged in, or at risk of engaging in, racial profiling
or other misconduct.
(4) The establishment and maintenance of an administrative
complaint procedure or independent auditor program.
SEC. 10059. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this part.
CHAPTER 4--DATA COLLECTION
SEC. 10060. ATTORNEY GENERAL TO ISSUE REGULATIONS.
(a) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Attorney General, in consultation with
stakeholders, including Federal, State, and local law enforcement
agencies and community, professional, research, and civil rights
organizations, shall issue regulations for the collection and
compilation of data under sections 10041 and 10051.
(b) Requirements.--The regulations issued under subsection (a)
shall--
(1) provide for the collection of data on all routine and
spontaneous investigatory activities;
(2) provide that the data collected shall--
(A) be disaggregated by race, ethnicity, national
origin, gender, disability, and religion;
(B) include the date, time, and location of such
investigatory activities;
(C) include detail sufficient to permit an analysis
of whether a law enforcement agency is engaging in
racial profiling; and
(D) not include personally identifiable
information;
(3) provide that a standardized form shall be made
available to law enforcement agencies for the submission of
collected data to the Department of Justice;
(4) provide that law enforcement agencies shall compile
data on the standardized form made available under paragraph
(3), and submit the form to the Civil Rights Division and the
Department of Justice Bureau of Justice Statistics;
(5) provide that law enforcement agencies shall maintain
all data collected under this subpart for not less than 4
years;
(6) include guidelines for setting comparative benchmarks,
consistent with best practices, against which collected data
shall be measured;
(7) provide that the Department of Justice Bureau of
Justice Statistics shall--
(A) analyze the data for any statistically
significant disparities, including--
(i) disparities in the percentage of
drivers or pedestrians stopped relative to the
proportion of the population passing through
the neighborhood;
(ii) disparities in the hit rate; and
(iii) disparities in the frequency of
searches performed on racial or ethnic minority
drivers and the frequency of searches performed
on nonminority drivers; and
(B) not later than 3 years after the date of
enactment of this Act, and annually thereafter--
(i) prepare a report regarding the findings
of the analysis conducted under subparagraph
(A);
(ii) provide such report to Congress; and
(iii) make such report available to the
public, including on a website of the
Department of Justice, and in accordance with
accessibility standards under the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.); and
(8) protect the privacy of individuals whose data is
collected by--
(A) limiting the use of the data collected under
this subpart to the purposes set forth in this subpart;
(B) except as otherwise provided in this subpart,
limiting access to the data collected under this
subpart to those Federal, State, or local employees or
agents who require such access in order to fulfill the
purposes for the data set forth in this subpart;
(C) requiring contractors or other nongovernmental
agents who are permitted access to the data collected
under this subpart to sign use agreements incorporating
the use and disclosure restrictions set forth in
subparagraph (A); and
(D) requiring the maintenance of adequate security
measures to prevent unauthorized access to the data
collected under this subpart.
SEC. 10061. PUBLICATION OF DATA.
The Director of the Bureau of Justice Statistics of the Department
of Justice shall provide to Congress and make available to the public,
together with each annual report described in section 10060, the data
collected pursuant to this subpart, excluding any personally
identifiable information described in section 10063.
SEC. 10062. LIMITATIONS ON PUBLICATION OF DATA.
The name or identifying information of a law enforcement agent,
complainant, or any other individual involved in any activity for which
data is collected and compiled under this subpart shall not be--
(1) released to the public;
(2) disclosed to any person, except for--
(A) such disclosures as are necessary to comply
with this subpart;
(B) disclosures of information regarding a
particular person to that person; or
(C) disclosures pursuant to litigation; or
(3) subject to disclosure under section 552 of title 5,
United States Code (commonly known as the Freedom of
Information Act), except for disclosures of information
regarding a particular person to that person.
CHAPTER 5--DEPARTMENT OF JUSTICE REGULATIONS AND REPORTS ON RACIAL
PROFILING IN THE UNITED STATES
SEC. 10063. ATTORNEY GENERAL TO ISSUE REGULATIONS AND REPORTS.
(a) Regulations.--In addition to the regulations required under
sections 10057 and 10051, the Attorney General shall issue such other
regulations as the Attorney General determines are necessary to
implement this subpart.
(b) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Attorney
General shall submit to Congress a report on racial profiling
by law enforcement agencies.
(2) Scope.--Each report submitted under paragraph (1) shall
include--
(A) a summary of data collected under sections
10054(b)(3) and 10055(b)(3) and from any other reliable
source of information regarding racial profiling in the
United States;
(B) a discussion of the findings in the most recent
report prepared by the Department of Justice Bureau of
Justice Statistics under section 10060(b)(7);
(C) the status of the adoption and implementation
of policies and procedures by Federal law enforcement
agencies under section 10054 and by the State and local
law enforcement agencies under sections 10055 and
10056; and
(D) a description of any other policies and
procedures that the Attorney General believes would
facilitate the elimination of racial profiling.
Subpart II--Additional Reforms
SEC. 10064. TRAINING ON RACIAL BIAS AND DUTY TO INTERVENE.
(a) In General.--The Attorney General shall establish--
(1) a training program for law enforcement officers to
cover racial profiling, implicit bias, and procedural justice;
and
(2) a clear duty for Federal law enforcement officers to
intervene in cases where another law enforcement officer is
using excessive force against a civilian, and establish a
training program that covers the duty to intervene.
(b) Mandatory Training for Federal Law Enforcement Officers.--The
head of each Federal law enforcement agency shall require each Federal
law enforcement officer employed by the agency to complete the training
programs established under subsection (a).
(c) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year that begins after the date that is one year after the date
of enactment of this Act, a State or unit of local government may not
receive funds under the Byrne grant program for a fiscal year if, on
the day before the first day of the fiscal year, the State or unit of
local government does not require each law enforcement officer in the
State or unit of local government to complete the training programs
established under subsection (a).
(d) Grants To Train Law Enforcement Officers on Use of Force.--
Section 501(a)(1) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the
end the following:
``(I) Training programs for law enforcement
officers, including training programs on use of force
and a duty to intervene.''.
SEC. 10065. BAN ON NO-KNOCK WARRANTS IN DRUG CASES.
(a) Ban on Federal Warrants in Drug Cases.--Section 509 of the
Controlled Substances Act (21 U.S.C. 879) is amended by adding at the
end the following: ``A search warrant authorized under this section
shall require that a law enforcement officer execute the search warrant
only after providing notice of his or her authority and purpose.''.
(b) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year that begins after the date that is one year after the date
of enactment of this Act, a State or unit of local government may not
receive funds under the COPS grant program for a fiscal year if, on the
day before the first day of the fiscal year, the State or unit of local
government does not have in effect a law that prohibits the issuance of
a no-knock warrant in a drug case.
(c) Definition.--In this section, the term ``no-knock warrant''
means a warrant that allows a law enforcement officer to enter a
property without requiring the law enforcement officer to announce the
presence of the law enforcement officer or the intention of the law
enforcement officer to enter the property.
SEC. 10066. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS.
(a) Definition.--In this section, the term ``chokehold or carotid
hold'' means the application of any pressure to the throat or windpipe,
the use of maneuvers that restrict blood or oxygen flow to the brain,
or carotid artery restraints that prevent or hinder breathing or reduce
intake of air of an individual.
(b) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year that begins after the date that is one year after the date
of enactment of this Act, a State or unit of local government may not
receive funds under the Byrne grant program or the COPS grant program
for a fiscal year if, on the day before the first day of the fiscal
year, the State or unit of local government does not have in effect a
law that prohibits law enforcement officers in the State or unit of
local government from using a chokehold or carotid hold.
(c) Chokeholds as Civil Rights Violations.--
(1) Short title.--This subsection may be cited as the
``Eric Garner Excessive Use of Force Prevention Act''.
(2) Chokeholds as civil rights violations.--Section 242 of
title 18, United States Code, as amended by section 10011, is
amended by adding at the end the following: ``For the purposes
of this section, the application of any pressure to the throat
or windpipe, use of maneuvers that restrict blood or oxygen
flow to the brain, or carotid artery restraints which prevent
or hinder breathing or reduce intake of air is a punishment,
pain, or penalty.''.
SEC. 10067. PEACE ACT.
(a) Short Title.--This section may be cited as the ``Police
Exercising Absolute Care With Everyone Act of 2020'' or the ``PEACE Act
of 2020''.
(b) Use of Force by Federal Law Enforcement Officers.--
(1) Definitions.--In this subsection:
(A) Deescalation tactics and techniques.--The term
``deescalation tactics and techniques'' means proactive
actions and approaches used by a Federal law
enforcement officer to stabilize the situation so that
more time, options, and resources are available to gain
a person's voluntary compliance and reduce or eliminate
the need to use force, including verbal persuasion,
warnings, tactical techniques, slowing down the pace of
an incident, waiting out a subject, creating distance
between the officer and the threat, and requesting
additional resources to resolve the incident.
(B) Necessary.--The term ``necessary'' means that
another reasonable Federal law enforcement officer
would objectively conclude, under the totality of the
circumstances, that there was no reasonable alternative
to the use of force.
(C) Reasonable alternatives.--
(i) In general.--The term ``reasonable
alternatives'' means tactics and methods used
by a Federal law enforcement officer to
effectuate an arrest that do not unreasonably
increase the risk posed to the law enforcement
officer or another person, including verbal
communication, distance, warnings, deescalation
tactics and techniques, tactical repositioning,
and other tactics and techniques intended to
stabilize the situation and reduce the
immediacy of the risk so that more time,
options, and resources can be called upon to
resolve the situation without the use of force.
(ii) Deadly force.--With respect to the use
of deadly force, the term ``reasonable
alternatives'' includes the use of less lethal
force.
(D) Totality of the circumstances.--The term
``totality of the circumstances'' means all credible
facts known to the Federal law enforcement officer
leading up to and at the time of the use of force,
including the actions of the person against whom the
Federal law enforcement officer uses such force and the
actions of the Federal law enforcement officer.
(2) Prohibition on less lethal force.--A Federal law
enforcement officer may not use any less lethal force unless--
(A) the form of less lethal force used is necessary
and proportional in order to effectuate an arrest of a
person who the officer has probable cause to believe
has committed a criminal offense; and
(B) reasonable alternatives to the use of the form
of less lethal force have been exhausted.
(3) Prohibition on deadly use of force.--A Federal law
enforcement officer may not use deadly force against a person
unless--
(A) the form of deadly force used is necessary, as
a last resort, to prevent imminent and serious bodily
injury or death to the officer or another person;
(B) the use of the form of deadly force creates no
substantial risk of injury to a third person; and
(C) reasonable alternatives to the use of the form
of deadly force have been exhausted.
(4) Requirement to give verbal warning.--When feasible,
prior to using force against a person, a Federal law
enforcement officer shall identify himself or herself as a
Federal law enforcement officer, and issue a verbal warning to
the person that the Federal law enforcement officer seeks to
apprehend, which shall--
(A) include a request that the person surrender to
the law enforcement officer; and
(B) notify the person that the law enforcement
officer will use force against the person if the person
resists arrest or flees.
(5) Guidance on use of force.--Not later than 120 days
after the date of enactment of this Act, the Attorney General,
in consultation with impacted persons, communities, and
organizations, including representatives of civil and human
rights organizations, victims of police use of force, and
representatives of law enforcement associations, shall provide
guidance to Federal law enforcement agencies on--
(A) the types of less lethal force and deadly force
that are prohibited under paragraphs (2) and (3); and
(B) how a Federal law enforcement officer can--
(i) assess whether the use of force is
appropriate and necessary; and
(ii) use the least amount of force when
interacting with--
(I) pregnant individuals;
(II) children and youth under 21
years of age;
(III) elderly persons;
(IV) persons with mental,
behavioral, or physical disabilities or
impairments;
(V) persons experiencing perceptual
or cognitive impairments due to use of
alcohol, narcotics, hallucinogens, or
other drugs;
(VI) persons suffering from a
serious medical condition; and
(VII) persons with limited English
proficiency.
(6) Training.--The Attorney General shall provide training
to Federal law enforcement officers on interacting people
described in subclauses (I) through (VII) of paragraph
(5)(B)(ii).
(7) Limitation on justification defense.--
(A) In general.--Chapter 51 of title 18, United
States Code, is amended by adding at the end the
following:
``Sec. 1123. Limitation on justification defense for Federal law
enforcement officers
``(a) In General.--It is not a defense to an offense under section
1111 or 1112 that the use of less lethal force or deadly force by a
Federal law enforcement officer was justified if--
``(1) that officer's use of use of such force was
inconsistent with section 10067(b) of the George Floyd Justice
in Policing Act of 2020; or
``(2) that officer's gross negligence, leading up to and at
the time of the use of force, contributed to the necessity of
the use of such force.
``(b) Definitions.--In this section--
``(1) the terms `deadly force' and `less lethal force' have
the meanings given such terms in section 10002 and section
10067 of the George Floyd Justice in Policing Act of 2020; and
``(2) the term `Federal law enforcement officer' has the
meaning given such term in section 115.''.
(B) Clerical amendment.--The table of sections for
chapter 51 of title 18, United States Code, is amended
by inserting after the item relating to section 1122
the following:
``1123. Limitation on justification defense for Federal law enforcement
officers.''.
(c) Limitation on the Receipt of Funds Under the Edward Byrne
Memorial Justice Assistance Grant Program.--
(1) Limitation.--A State or unit of local government, other
than an Indian Tribe, may not receive funds that the State or
unit of local government would otherwise receive under a Byrne
grant program for a fiscal year if, on the day before the first
day of the fiscal year, the State or unit of local government
does not have in effect a law that is consistent with
subsection (b) of this section and section 1123 of title 18,
United States Code, as determined by the Attorney General.
(2) Subsequent enactment.--
(A) In general.--If funds described in paragraph
(1) are withheld from a State or unit of local
government pursuant to paragraph (1) for 1 or more
fiscal years, and the State or unit of local government
enacts or puts in place a law described in paragraph
(1), and demonstrates substantial efforts to enforce
such law, subject to subparagraph (B), the State or
unit of local government shall be eligible, in the
fiscal year after the fiscal year during which the
State or unit of local government demonstrates such
substantial efforts, to receive the total amount that
the State or unit of local government would have
received during each fiscal year for which funds were
withheld.
(B) Limit on amount of prior year funds.--A State
or unit of local government may not receive funds under
subparagraph (A) in an amount that is more than the
amount withheld from the State or unit of local
government during the 5-fiscal-year period before the
fiscal year during which funds are received under
subparagraph (A).
(3) Guidance.--Not later than 120 days after the date of
enactment of this Act, the Attorney General, in consultation
with impacted persons, communities, and organizations,
including representatives of civil and human rights
organizations, individuals against whom a law enforcement
officer used force, and representatives of law enforcement
associations, shall make guidance available to States and units
of local government on the criteria that the Attorney General
will use in determining whether the State or unit of local
government has in place a law described in paragraph (1).
(4) Application.--This subsection shall apply to the first
fiscal year that begins after the date that is 1 year after the
date of the enactment of this Act, and each fiscal year
thereafter.
SEC. 10068. STOP MILITARIZING LAW ENFORCEMENT ACT.
(a) Findings.--Congress makes the following findings:
(1) Under section 2576a of title 10, United States Code,
the Department of Defense is authorized to provide excess
property to local law enforcement agencies. The Defense
Logistics Agency, administers such section by operating the Law
Enforcement Support Office program.
(2) New and used material, including mine-resistant ambush-
protected vehicles and weapons determined by the Department of
Defense to be ``military grade'' are transferred to Federal,
Tribal, State, and local law enforcement agencies through the
program.
(3) As a result local law enforcement agencies, including
police and sheriff's departments, are acquiring this material
for use in their normal operations.
(4) As a result of the wars in Iraq and Afghanistan,
military equipment purchased for, and used in, those wars has
become excess property and has been made available for transfer
to local and Federal law enforcement agencies.
(5) In Fiscal Year 2017, $504,000,000 worth of property was
transferred to law enforcement agencies.
(6) More than $6,800,000,000 worth of weapons and equipment
have been transferred to police organizations in all 50 States
and four territories through the program.
(7) In May 2012, the Defense Logistics Agency instituted a
moratorium on weapons transfers through the program after
reports of missing equipment and inappropriate weapons
transfers.
(8) Though the moratorium was widely publicized, it was
lifted in October 2013 without adequate safeguards.
(9) On January 16, 2015, President Barack Obama issued
Executive Order 13688 to better coordinate and regulate the
federal transfer of military weapons and equipment to State,
local, and Tribal law enforcement agencies.
(10) In July, 2017, the Government Accountability Office
reported that the program's internal controls were inadequate
to prevent fraudulent applicants' access to the program.
(11) On August, 28, 2017, President Donald Trump rescinded
Executive Order 13688 despite a July 2017 Government
Accountability Office report finding deficiencies with the
administration of the 1033 program.
(12) As a result, Federal, State, and local law enforcement
departments across the country are eligible again to acquire
free ``military-grade'' weapons and equipment that could be
used inappropriately during policing efforts in which people
and taxpayers could be harmed.
(13) The Department of Defense categorizes equipment
eligible for transfer under the 1033 program as ``controlled''
and ``un-controlled'' equipment. ``Controlled equipment''
includes weapons, explosives such as flash-bang grenades, mine-
resistant ambush-protected vehicles, long-range acoustic
devices, aircraft capable of being modified to carry armament
that are combat coded, and silencers, among other military
grade items.
(b) Limitation on Department of Defense Transfer of Personal
Property to Local Law Enforcement Agencies.--
(1) In general.--Section 2576a of title 10, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A), by striking
``counterdrug, counterterrorism, and border
security activities'' and inserting
``counterterrorism''; and
(ii) in paragraph (2), by striking ``, the
Director of National Drug Control Policy,'';
(B) in subsection (b)--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) in paragraph (6), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following
new paragraphs:
``(7) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(8) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense;
``(9) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the request
for personal property under this section by--
``(A) publishing a notice of such request on a
publicly accessible Internet website;
``(B) posting such notice at several prominent
locations in the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to
the local community for a period of not less than 30
days; and
``(10) the recipient has received the approval of the city
council or other local governing body to acquire the personal
property sought under this section.'';
(C) by striking subsection (d);
(D) by redesignating subsections (e) and (f) as
subsections (o) and (p), respectively; and
(E) by inserting after subsection (c) the following
new subsections:
``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress
certification in writing that each Federal or State agency to which the
Secretary has transferred property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (f) so transferred
before the date of the enactment of the George Floyd Justice in
Policing Act of 2020; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary does not provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may not
transfer additional property to that agency under this section.
``(e) Annual Report on Excess Property.--Before making any property
available for transfer under this section, the Secretary shall annually
submit to Congress a description of the property to be transferred
together with a certification that the transfer of the property would
not violate this section or any other provision of law.
``(f) Limitations on Transfers.--(1) The Secretary may not transfer
to Federal, Tribal, State, or local law enforcement agencies the
following under this section:
``(A) Firearms, ammunition, bayonets, grenade launchers,
grenades (including stun and flash-bang), and explosives.
``(B) Vehicles, except for passenger automobiles (as such
term is defined in section 32901(a)(18) of title 49, United
States Code) and bucket trucks.
``(C) Drones.
``(D) Controlled aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight
application.
``(E) Silencers.
``(F) Long-range acoustic devices.
``(G) Items in the Federal Supply Class of banned items.
``(2) The Secretary may not require, as a condition of a transfer
under this section, that a Federal or State agency demonstrate the use
of any small arms or ammunition.
``(3) The limitations under this subsection shall also apply with
respect to the transfer of previously transferred property of the
Department of Defense from one Federal or State agency to another such
agency.
``(4)(A) The Secretary may waive the applicability of paragraph (1)
to a vehicle described in subparagraph (B) of such paragraph (other
than a mine-resistant ambush-protected vehicle), if the Secretary
determines that such a waiver is necessary for disaster or rescue
purposes or for another purpose where life and public safety are at
risk, as demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph (A), the
Secretary shall--
``(i) submit to Congress notice of the waiver, and post
such notice on a public Internet website of the Department, by
not later than 30 days after the date on which the waiver is
issued; and
``(ii) require, as a condition of the waiver, that the
recipient of the vehicle for which the waiver is issued
provides public notice of the waiver and the transfer,
including the type of vehicle and the purpose for which it is
transferred, in the jurisdiction where the recipient is located
by not later than 30 days after the date on which the waiver is
issued.
``(5) The Secretary may provide for an exemption to the limitation
under subparagraph (D) of paragraph (1) in the case of parts for
aircraft described in such subparagraph that are transferred as part of
regular maintenance of aircraft in an existing fleet.
``(6) The Secretary shall require, as a condition of any transfer
of property under this section, that the Federal or State agency that
receives the property shall return the property to the Secretary if the
agency--
``(A) is investigated by the Department of Justice for any
violation of civil liberties; or
``(B) is otherwise found to have engaged in widespread
abuses of civil liberties.
``(g) Conditions for Extension of Program.--Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless the Secretary submits to
Congress certification that for the preceding fiscal year that--
``(1) each Federal or State agency that has received
controlled property transferred under this section has--
``(A) demonstrated 100 percent accountability for
all such property, in accordance with paragraph (2) or
(3), as applicable; or
``(B) been suspended from the program pursuant to
paragraph (4);
``(2) with respect to each non-Federal agency that has
received controlled property under this section, the State
coordinator responsible for each such agency has verified that
the coordinator or an agent of the coordinator has conducted an
in-person inventory of the property transferred to the agency
and that 100 percent of such property was accounted for during
the inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
controlled property under this section, the Secretary of
Defense or an agent of the Secretary has conducted an in-person
inventory of the property transferred to the agency and that
100 percent of such property was accounted for during the
inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(4) the eligibility of any agency that has received
controlled property under this section for which 100 percent of
the property was not accounted for during an inventory
described in paragraph (1) or (2), as applicable, to receive
any property transferred under this section has been suspended;
and
``(5) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended; and
``(6) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended.
``(h) Prohibition on Ownership of Controlled Property.--A Federal
or State agency that receives controlled property under this section
may not take ownership of the property.
``(i) Notice to Congress of Property Downgrades.--Not later than 30
days before downgrading the classification of any item of personal
property from controlled or Federal Supply Class, the Secretary shall
submit to Congress notice of the proposed downgrade.
``(j) Notice to Congress of Property Cannibalization.--Before the
Defense Logistics Agency authorizes the recipient of property
transferred under this section to cannibalize the property, the
Secretary shall submit to Congress notice of such authorization,
including the name of the recipient requesting the authorization, the
purpose of the proposed cannibalization, and the type of property
proposed to be cannibalized.
``(k) Quarterly Reports on Use of Controlled Equipment.--Not later
than 30 days after the last day of a fiscal quarter, the Secretary
shall submit to Congress a report on any uses of controlled property
transferred under this section during that fiscal quarter.
``(l) Reports to Congress.--Not later than 30 days after the last
day of a fiscal year, the Secretary shall submit to Congress a report
on the following for the preceding fiscal year:
``(1) The percentage of equipment lost by recipients of
property transferred under this section, including specific
information about the type of property lost, the monetary value
of such property, and the recipient that lost the property.
``(2) The transfer of any new (condition code A) property
transferred under this section, including specific information
about the type of property, the recipient of the property, the
monetary value of each item of the property, and the total
monetary value of all such property transferred during the
fiscal year.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to any transfer of property made after
the date of the enactment of this Act.
SEC. 10069. PUBLIC SAFETY INNOVATION GRANTS.
(a) Byrne Grants Used for Local Task Forces on Public Safety
Innovation.--Section 501(a) of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151(a)), as amended by this Act, is
further amended by adding at the end the following:
``(3) Local task forces on public safety innovation.--
``(A) In general.--A law enforcement program under
paragraph (1)(A) may include the development of best
practices for and the creation of local task forces on
public safety innovation, charged with exploring and
developing new strategies for public safety, including
non-law enforcement strategies.
``(B) Definition.--The term `local task force on
public safety innovation' means an administrative
entity, created from partnerships between community-
based organizations and other local stakeholders, that
may develop innovative law enforcement and non-law
enforcement strategies to enhance just and equitable
public safety, repair breaches of trust between law
enforcement agencies and the community they pledge to
serve, and enhance accountability of law enforcement
officers.''.
(b) Crisis Intervention Teams.--Section 501(c) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(c))
is amended by adding at the end the following:
``(3) In the case of crisis intervention teams funded under
subsection (a)(1)(H), a program assessment under this
subsection shall contain a report on best practices for crisis
intervention.''.
(c) Use of COPS Grant Program To Hire Law Enforcement Officers Who
Are Residents of the Communities They Serve.--Section 1701(b) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10381(b)), as amended by this Act, is further amended--
(1) by redesignating paragraphs (23) and (24) as paragraphs
(26) and (27), respectively;
(2) in paragraph (26), as so redesignated, by striking
``(22)'' and inserting ``(25)''; and
(3) by inserting after paragraph (22) the following:
``(23) to recruit, hire, incentivize, retain, develop, and
train new, additional career law enforcement officers or
current law enforcement officers who are willing to relocate to
communities--
``(A) where there are poor or fragmented
relationships between police and residents of the
community, or where there are high incidents of crime;
and
``(B) that are the communities that the law
enforcement officers serve, or that are in close
proximity to the communities that the law enforcement
officers serve;
``(24) to collect data on the number of law enforcement
officers who are willing to relocate to the communities where
they serve, and whether such law enforcement officer
relocations have impacted crime in such communities;
``(25) to develop and publicly report strategies and
timelines to recruit, hire, promote, retain, develop, and train
a diverse and inclusive law enforcement workforce, consistent
with merit system principles and applicable law;''.
Subpart III--Law Enforcement Body Cameras
CHAPTER 1--FEDERAL POLICE CAMERA AND ACCOUNTABILITY ACT
SEC. 10070. SHORT TITLE.
This chapter may be cited as the ``Federal Police Camera and
Accountability Act''.
SEC. 10071. REQUIREMENTS FOR FEDERAL LAW ENFORCEMENT OFFICERS REGARDING
THE USE OF BODY CAMERAS.
(a) Definitions.--In this section:
(1) Minor.--The term ``minor'' means any individual under
18 years of age.
(2) Subject of the video footage.--The term ``subject of
the video footage''--
(A) means any identifiable Federal law enforcement
officer or any identifiable suspect, victim, detainee,
conversant, injured party, or other similarly situated
person who appears on the body camera recording; and
(B) does not include people who only incidentally
appear on the recording.
(3) Video footage.--The term ``video footage'' means any
images or audio recorded by a body camera.
(b) Requirement to Wear Body Camera.--
(1) In general.--Federal law enforcement officers shall
wear a body camera.
(2) Requirement for body camera.--A body camera required
under paragraph (1) shall--
(A) have a field of view at least as broad as the
officer's vision; and
(B) be worn in a manner that maximizes the camera's
ability to capture video footage of the officer's
activities.
(c) Requirement To Activate.--
(1) In general.--Both the video and audio recording
functions of the body camera shall be activated whenever a
Federal law enforcement officer is responding to a call for
service or at the initiation of any other law enforcement or
investigative stop (as such term is defined in section 10072)
between a Federal law enforcement officer and a member of the
public, except that when an immediate threat to the officer's
life or safety makes activating the camera impossible or
dangerous, the officer shall activate the camera at the first
reasonable opportunity to do so.
(2) Allowable deactivation.--The body camera shall not be
deactivated until the stop has fully concluded and the Federal
law enforcement officer leaves the scene.
(d) Notification of Subject of Recording.--A Federal law
enforcement officer who is wearing a body camera shall notify any
subject of the recording that he or she is being recorded by a body
camera as close to the inception of the stop as is reasonably possible.
(e) Requirements.--Notwithstanding subsection (c), the following
shall apply to the use of a body camera:
(1) Prior to entering a private residence without a warrant
or in non-exigent circumstances, a Federal law enforcement
officer shall ask the occupant if the occupant wants the
officer to discontinue use of the officer's body camera. If the
occupant responds affirmatively, the Federal law enforcement
officer shall immediately discontinue use of the body camera.
(2) When interacting with an apparent crime victim, a
Federal law enforcement officer shall, as soon as practicable,
ask the apparent crime victim if the apparent crime victim
wants the officer to discontinue use of the officer's body
camera. If the apparent crime victim responds affirmatively,
the Federal law enforcement officer shall immediately
discontinue use of the body camera.
(3) When interacting with a person seeking to anonymously
report a crime or assist in an ongoing law enforcement
investigation, a Federal law enforcement officer shall, as soon
as practicable, ask the person seeking to remain anonymous, if
the person seeking to remain anonymous wants the officer to
discontinue use of the officer's body camera. If the person
seeking to remain anonymous responds affirmatively, the Federal
law enforcement officer shall immediately discontinue use of
the body camera.
(f) Recording of Offers To Discontinue Use of Body Camera.--Each
offer of a Federal law enforcement officer to discontinue the use of a
body camera made pursuant to subsection (e), and the responses thereto,
shall be recorded by the body camera prior to discontinuing use of the
body camera.
(g) Limitations on Use of Body Camera.--Body cameras shall not be
used to gather intelligence information based on First Amendment
protected speech, associations, or religion, or to record activity that
is unrelated to a response to a call for service or a law enforcement
or investigative stop between a law enforcement officer and a member of
the public, and shall not be equipped with or employ any facial
recognition technologies.
(h) Exceptions.--Federal law enforcement officers--
(1) shall not be required to use body cameras during
investigative or enforcement stops with the public in the case
that--
(A) recording would risk the safety of a
confidential informant, citizen informant, or
undercover officer;
(B) recording would pose a serious risk to national
security; or
(C) the officer is a military police officer, a
member of the United States Army Criminal Investigation
Command, or a protective detail assigned to a Federal
or foreign official while performing his or her duties;
and
(2) shall not activate a body camera while on the grounds
of any public, private or parochial elementary or secondary
school, except when responding to an imminent threat to life or
health.
(i) Retention of Footage.--
(1) In general.--Body camera video footage shall be
retained by the law enforcement agency that employs the officer
whose camera captured the footage, or an authorized agent
thereof, for 6 months after the date it was recorded, after
which time such footage shall be permanently deleted.
(2) Right to inspect.--During the 6-month retention period
described in paragraph (1), the following persons shall have
the right to inspect the body camera footage:
(A) Any person who is a subject of body camera
video footage, and their designated legal counsel.
(B) A parent or legal guardian of a minor subject
of body camera video footage, and their designated
legal counsel.
(C) The spouse, next of kin, or legally authorized
designee of a deceased subject of body camera video
footage, and their designated legal counsel.
(D) A Federal law enforcement officer whose body
camera recorded the video footage, and their designated
legal counsel, subject to the limitations and
restrictions in this part.
(E) The superior officer of a Federal law
enforcement officer whose body camera recorded the
video footage, subject to the limitations and
restrictions in this part.
(F) Any defense counsel who claims, pursuant to a
written affidavit, to have a reasonable basis for
believing a video may contain evidence that exculpates
a client.
(3) Limitation.--The right to inspect subject to subsection
(j)(1) shall not include the right to possess a copy of the
body camera video footage, unless the release of the body
camera footage is otherwise authorized by this part or by
another applicable law. When a body camera fails to capture
some or all of the audio or video of an incident due to
malfunction, displacement of camera, or any other cause, any
audio or video footage that is captured shall be treated the
same as any other body camera audio or video footage under this
part.
(j) Additional Retention Requirements.--Notwithstanding the
retention and deletion requirements in subsection (i), the following
shall apply to body camera video footage under this part:
(1) Body camera video footage shall be automatically
retained for not less than 3 years if the video footage
captures an interaction or event involving--
(A) any use of force; or
(B) an stop about which a complaint has been
registered by a subject of the video footage.
(2) Body camera video footage shall be retained for not
less than 3 years if a longer retention period is voluntarily
requested by--
(A) the Federal law enforcement officer whose body
camera recorded the video footage, if that officer
reasonably asserts the video footage has evidentiary or
exculpatory value in an ongoing investigation;
(B) any Federal law enforcement officer who is a
subject of the video footage, if that officer
reasonably asserts the video footage has evidentiary or
exculpatory value;
(C) any superior officer of a Federal law
enforcement officer whose body camera recorded the
video footage or who is a subject of the video footage,
if that superior officer reasonably asserts the video
footage has evidentiary or exculpatory value;
(D) any Federal law enforcement officer, if the
video footage is being retained solely and exclusively
for police training purposes;
(E) any member of the public who is a subject of
the video footage;
(F) any parent or legal guardian of a minor who is
a subject of the video footage; or
(G) a deceased subject's spouse, next of kin, or
legally authorized designee.
(k) Public Review.--For purposes of subparagraphs (E), (F), and (G)
of subsection (j)(2), any member of the public who is a subject of
video footage, the parent or legal guardian of a minor who is a subject
of the video footage, or a deceased subject's next of kin or legally
authorized designee, shall be permitted to review the specific video
footage in question in order to make a determination as to whether they
will voluntarily request it be subjected to a minimum 3-year retention
period.
(l) Disclosure.--
(1) In general.--Except as provided in paragraph (2), all
video footage of an interaction or event captured by a body
camera, if that interaction or event is identified with
reasonable specificity and requested by a member of the public,
shall be provided to the person or entity making the request in
accordance with the procedures for requesting and providing
government records set forth in the section 552a of title 5,
United States Code.
(2) Exceptions.--The following categories of video footage
shall not be released to the public in the absence of express
written permission from the non-law enforcement subjects of the
video footage:
(A) Video footage not subject to a minimum 3-year
retention period pursuant to subsection (j).
(B) Video footage that is subject to a minimum 3-
year retention period solely and exclusively pursuant
to paragraph (1)(B) or (2) of subsection (j).
(3) Priority of requests.--Notwithstanding any time periods
established for acknowledging and responding to records
requests in section 552a of title 5, United States Code,
responses to requests for video footage that is subject to a
minimum 3-year retention period pursuant to subsection
(j)(1)(A), where a subject of the video footage is recorded
being killed, shot by a firearm, or grievously injured, shall
be prioritized and, if approved, the requested video footage
shall be provided as expeditiously as possible, but in no
circumstances later than 5 days following receipt of the
request.
(4) Use of redaction technology.--
(A) In general.--Whenever doing so is necessary to
protect personal privacy, the right to a fair trial,
the identity of a confidential source or crime victim,
or the life or physical safety of any person appearing
in video footage, redaction technology may be used to
obscure the face and other personally identifying
characteristics of that person, including the tone of
the person's voice, provided the redaction does not
interfere with a viewer's ability to fully, completely,
and accurately comprehend the events captured on the
video footage.
(B) Requirements.--The following requirements shall
apply to redactions under subparagraph (A):
(i) When redaction is performed on video
footage pursuant to this paragraph, an
unedited, original version of the video footage
shall be retained pursuant to the requirements
of subsections (i) and (j).
(ii) Except pursuant to the rules for the
redaction of video footage set forth in this
subsection or where it is otherwise expressly
authorized by this Act, no other editing or
alteration of video footage, including a
reduction of the video footage's resolution,
shall be permitted.
(m) Prohibited Withholding of Footage.--Body camera video footage
may not be withheld from the public on the basis that it is an
investigatory record or was compiled for law enforcement purposes where
any person under investigation or whose conduct is under review is a
police officer or other law enforcement employee and the video footage
relates to that person's conduct in their official capacity.
(n) Admissibility.--Any video footage retained beyond 6 months
solely and exclusively pursuant to subsection (j)(2)(D) shall not be
admissible as evidence in any criminal or civil legal or administrative
proceeding.
(o) Confidentiality.--No government agency or official, or law
enforcement agency, officer, or official may publicly disclose,
release, or share body camera video footage unless--
(1) doing so is expressly authorized pursuant to this part
or another applicable law; or
(2) the video footage is subject to public release pursuant
to subsection (l), and not exempted from public release
pursuant to subsection (l)(1).
(p) Limitation on Federal Law Enforcement Officer Viewing of Body
Camera Footage.--No Federal law enforcement officer shall review or
receive an accounting of any body camera video footage that is subject
to a minimum 3-year retention period pursuant to subsection (j)(1)
prior to completing any required initial reports, statements, and
interviews regarding the recorded event, unless doing so is necessary,
while in the field, to address an immediate threat to life or safety.
(q) Additional Limitations.--Video footage may not be--
(1) in the case of footage that is not subject to a minimum
3-year retention period, viewed by any superior officer of a
Federal law enforcement officer whose body camera recorded the
footage absent a specific allegation of misconduct; or
(2) divulged or used by any law enforcement agency for any
commercial or other non-law enforcement purpose.
(r) Third Party Maintenance of Footage.--Where a law enforcement
agency authorizes a third party to act as its agent in maintaining body
camera footage, the agent shall not be permitted to independently
access, view, or alter any video footage, except to delete videos as
required by law or agency retention policies.
(s) Enforcement.--
(1) In general.--If any Federal law enforcement officer, or
any employee or agent of a Federal law enforcement agency fails
to adhere to the recording or retention requirements contained
in this part, intentionally interferes with a body camera's
ability to accurately capture video footage, or otherwise
manipulates the video footage captured by a body camera during
or after its operation--
(A) appropriate disciplinary action shall be taken
against the individual officer, employee, or agent;
(B) a rebuttable evidentiary presumption shall be
adopted in favor of a criminal defendant who reasonably
asserts that exculpatory evidence was destroyed or not
captured; and
(C) a rebuttable evidentiary presumption shall be
adopted on behalf of a civil plaintiff suing the
Government, a Federal law enforcement agency, or a
Federal law enforcement officer for damages based on
misconduct who reasonably asserts that evidence
supporting their claim was destroyed or not captured.
(2) Proof compliance was impossible.--The disciplinary
action requirement and rebuttable presumptions described in
paragraph (1) may be overcome by contrary evidence or proof of
exigent circumstances that made compliance impossible.
(t) Use of Force Investigations.--In the case that a Federal law
enforcement officer equipped with a body camera is involved in, a
witness to, or within viewable sight range of either the use of force
by another law enforcement officer that results in a death, the use of
force by another law enforcement officer, during which the discharge of
a firearm results in an injury, or the conduct of another law
enforcement officer that becomes the subject of a criminal
investigation--
(1) the law enforcement agency that employs the law
enforcement officer, or the agency or department conducting the
related criminal investigation, as appropriate, shall promptly
take possession of the body camera, and shall maintain such
camera, and any data on such camera, in accordance with the
applicable rules governing the preservation of evidence;
(2) a copy of the data on such body camera shall be made in
accordance with prevailing forensic standards for data
collection and reproduction; and
(3) such copied data shall be made available to the public
in accordance with subsection (l).
(u) Limitation on Use of Footage as Evidence.--Any body camera
video footage recorded by a Federal law enforcement officer that
violates this part or any other applicable law may not be offered as
evidence by any government entity, agency, department, prosecutorial
office, or any other subdivision thereof in any criminal or civil
action or proceeding against any member of the public.
(v) Publication of Agency Policies.--Any Federal law enforcement
agency policy or other guidance regarding body cameras, their use, or
the video footage therefrom that is adopted by a Federal agency or
department, shall be made publicly available on that agency's website.
(w) Rule of Construction.--Nothing in this part shall be construed
to preempt any laws governing the maintenance, production, and
destruction of evidence in criminal investigations and prosecutions.
SEC. 10072. PATROL VEHICLES WITH IN-CAR VIDEO RECORDING CAMERAS.
(a) Definitions.--In this section:
(1) Audio recording.--The term ``audio recording'' means
the recorded conversation between a Federal law enforcement
officer and a second party.
(2) Emergency lights.--The term ``emergency lights'' means
oscillating, rotating, or flashing lights on patrol vehicles.
(3) Enforcement or investigative stop.--The term
``enforcement or investigative stop'' means an action by a
Federal law enforcement officer in relation to enforcement and
investigation duties, including traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists, commercial
motor vehicle stops, roadside safety checks, requests for
identification, or responses to requests for emergency
assistance.
(4) In-car video camera.--The term ``in-car video camera''
means a video camera located in a patrol vehicle.
(5) In-car video camera recording equipment.--The term
``in-car video camera recording equipment'' means a video
camera recording system located in a patrol vehicle consisting
of a camera assembly, recording mechanism, and an in-car video
recording medium.
(6) Recording.--The term ``recording'' means the process of
capturing data or information stored on a recording medium as
required under this section.
(7) Recording medium.--The term ``recording medium'' means
any recording medium for the retention and playback of recorded
audio and video including VHS, DVD, hard drive, solid state,
digital, or flash memory technology.
(8) Wireless microphone.--The term ``wireless microphone''
means a device worn by a Federal law enforcement officer or any
other equipment used to record conversations between the
officer and a second party and transmitted to the recording
equipment.
(b) Requirements.--
(1) In general.--Each Federal law enforcement agency shall
install in-car video camera recording equipment in all patrol
vehicles with a recording medium capable of recording for a
period of 10 hours or more and capable of making audio
recordings with the assistance of a wireless microphone.
(2) Recording equipment requirements.--In-car video camera
recording equipment with a recording medium capable of
recording for a period of 10 hours or more shall record
activities--
(A) whenever a patrol vehicle is assigned to patrol
duty;
(B) outside a patrol vehicle whenever--
(i) a Federal law enforcement officer
assigned that patrol vehicle is conducting an
enforcement or investigative stop;
(ii) patrol vehicle emergency lights are
activated or would otherwise be activated if
not for the need to conceal the presence of law
enforcement; or
(iii) an officer reasonably believes
recording may assist with prosecution, enhance
safety, or for any other lawful purpose; and
(C) inside the vehicle when transporting an
arrestee or when an officer reasonably believes
recording may assist with prosecution, enhance safety,
or for any other lawful purpose.
(3) Requirements for recording.--
(A) In general.--A Federal law enforcement officer
shall begin recording for an enforcement or
investigative stop when the officer determines an
enforcement stop is necessary and shall continue until
the enforcement action has been completed and the
subject of the enforcement or investigative stop or the
officer has left the scene.
(B) Activation with lights.--A Federal law
enforcement officer shall begin recording when patrol
vehicle emergency lights are activated or when they
would otherwise be activated if not for the need to
conceal the presence of law enforcement, and shall
continue until the reason for the activation ceases to
exist, regardless of whether the emergency lights are
no longer activated.
(C) Permissible recording.--A Federal law
enforcement officer may begin recording if the officer
reasonably believes recording may assist with
prosecution, enhance safety, or for any other lawful
purpose; and shall continue until the reason for
recording ceases to exist.
(4) Enforcement or investigative stops.--A Federal law
enforcement officer shall record any enforcement or
investigative stop. Audio recording shall terminate upon
release of the violator and prior to initiating a separate
criminal investigation.
(c) Retention of Recordings.--Recordings made on in-car video
camera recording medium shall be retained for a storage period of at
least 90 days. Under no circumstances shall any recording made on in-
car video camera recording medium be altered or erased prior to the
expiration of the designated storage period. Upon completion of the
storage period, the recording medium may be erased and reissued for
operational use unless otherwise ordered or if designated for
evidentiary or training purposes.
(d) Accessibility of Recordings.--Audio or video recordings made
pursuant to this section shall be available under the applicable
provisions of section 552a of title 5, United States Code. Only
recorded portions of the audio recording or video recording medium
applicable to the request will be available for inspection or copying.
(e) Maintenance Required.--The agency shall ensure proper care and
maintenance of in-car video camera recording equipment and recording
medium. An officer operating a patrol vehicle must immediately document
and notify the appropriate person of any technical difficulties,
failures, or problems with the in-car video camera recording equipment
or recording medium. Upon receiving notice, every reasonable effort
shall be made to correct and repair any of the in-car video camera
recording equipment or recording medium and determine if it is in the
public interest to permit the use of the patrol vehicle.
SEC. 10073. FACIAL RECOGNITION TECHNOLOGY.
No camera or recording device authorized or required to be used
under this part may be equipped with or employ facial recognition
technology, and footage from such a camera or recording device may not
be subjected to facial recognition technology.
SEC. 10074. GAO STUDY.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study on
Federal law enforcement officer training, vehicle pursuits, use of
force, and interaction with citizens, and submit a report on such study
to--
(1) the Committees on the Judiciary of the House of
Representatives and of the Senate;
(2) the Committee on Oversight and Reform of the House of
Representatives; and
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 10075. REGULATIONS.
Not later than 6 months after the date of the enactment of this
Act, the Attorney General shall issue such final regulations as are
necessary to carry out this part.
SEC. 10076. RULE OF CONSTRUCTION.
Nothing in this part shall be construed to impose any requirement
on a Federal law enforcement officer outside of the course of carrying
out that officer's duty.
CHAPTER 2--POLICE CAMERA ACT
SEC. 10077. SHORT TITLE.
This part may be cited as the ``Police Creating Accountability by
Making Effective Recording Available Act of 2020'' or the ``Police
CAMERA Act of 2020''.
SEC. 10078. LAW ENFORCEMENT BODY-WORN CAMERA REQUIREMENTS.
(a) Use of Funds Requirement.--Section 502(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10153(a)), as amended by section 10058, is amended by adding at the end
the following:
``(10) An assurance that, for each fiscal year covered by
an application, the applicant will use not less than 5 percent
of the total amount of the grant award for the fiscal year to
develop policies and protocols in compliance with part OO.''.
(b) Requirements.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART OO--LAW ENFORCEMENT BODY-WORN CAMERAS AND RECORDED DATA
``SEC. 3051. USE OF GRANT FUNDS.
``(a) In General.--Grant amounts described in paragraph (10) of
section 502(a) of this title--
``(1) shall be used--
``(A) to purchase or lease body-worn cameras for
use by State, local, and tribal law enforcement
officers (as defined in section 2503);
``(B) for expenses related to the implementation of
a body-worn camera program in order to deter excessive
force, improve accountability and transparency of use
of force by law enforcement officers, assist in
responding to complaints against law enforcement
officers, and improve evidence collection; and
``(C) to implement policies or procedures to comply
with the requirements described in subsection (b); and
``(2) may not be used for expenses related to facial
recognition technology.
``(b) Requirements.--A recipient of a grant under subpart 1 of part
E of this title shall--
``(1) establish policies and procedures in accordance with
the requirements described in subsection (c) before law
enforcement officers use of body-worn cameras;
``(2) adopt recorded data collection and retention
protocols as described in subsection (d) before law enforcement
officers use of body-worn cameras;
``(3) make the policies and protocols described in
paragraphs (1) and (2) available to the public; and
``(4) comply with the requirements for use of recorded data
under subsection (f).
``(c) Required Policies and Procedures.--A recipient of a grant
under subpart 1 of part E of this title shall--
``(1) develop with community input and publish for public
view policies and protocols for--
``(A) the safe and effective use of body-worn
cameras;
``(B) the secure storage, handling, and destruction
of recorded data collected by body-worn cameras;
``(C) protecting the privacy rights of any
individual who may be recorded by a body-worn camera;
``(D) the release of any recorded data collected by
a body-worn camera in accordance with the open records
laws, if any, of the State; and
``(E) making recorded data available to
prosecutors, defense attorneys, and other officers of
the court in accordance with subparagraph (E); and
``(2) conduct periodic evaluations of the security of the
storage and handling of the body-worn camera data.
``(d) Recorded Data Collection and Retention Protocol.--The
recorded data collection and retention protocol described in this
paragraph is a protocol that--
``(1) requires--
``(A) a law enforcement officer who is wearing a
body-worn camera to provide an explanation if an
activity that is required to be recorded by the body-
worn camera is not recorded;
``(B) a law enforcement officer who is wearing a
body-worn camera to obtain consent to be recorded from
a crime victim or witness before interviewing the
victim or witness;
``(C) the collection of recorded data unrelated to
a legitimate law enforcement purpose be minimized to
the greatest extent practicable;
``(D) the system used to store recorded data
collected by body-worn cameras to log all viewing,
modification, or deletion of stored recorded data and
to prevent, to the greatest extent practicable, the
unauthorized access or disclosure of stored recorded
data;
``(E) any law enforcement officer be prohibited
from accessing the stored data without an authorized
purpose; and
``(F) the law enforcement agency to collect and
report statistical data on--
``(i) incidences of use of force,
disaggregated by race, ethnicity, gender, and
age of the victim;
``(ii) the number of complaints filed
against law enforcement officers;
``(iii) the disposition of complaints filed
against law enforcement officers;
``(iv) the number of times camera footage
is used for evidence collection in
investigations of crimes; and
``(v) any other additional statistical data
that the Director determines should be
collected and reported;
``(2) allows an individual to file a complaint with a law
enforcement agency relating to the improper use of body-worn
cameras; and
``(3) complies with any other requirements established by
the Director.
``(e) Reporting.--Statistical data required to be collected under
subsection (d)(1)(D) shall be reported to the Director, who shall--
``(1) establish a standardized reporting system for
statistical data collected under this program; and
``(2) establish a national database of statistical data
recorded under this program.
``(f) Use or Transfer of Recorded Data.--
``(1) In general.--Recorded data collected by an entity
receiving a grant under a grant under subpart 1 of part E of
this title from a body-worn camera shall be used only in
internal and external investigations of misconduct by a law
enforcement agency or officer, if there is reasonable suspicion
that a recording contains evidence of a crime, or for limited
training purposes. The Director shall establish rules to ensure
that the recorded data is used only for the purposes described
in this paragraph.
``(2) Prohibition on transfer.--Except as provided in
paragraph (3), an entity receiving a grant under subpart 1 of
part E of this title may not transfer any recorded data
collected by the entity from a body-worn camera to another law
enforcement or intelligence agency.
``(3) Exceptions.--
``(A) Criminal investigation.--An entity receiving
a grant under subpart 1 of part E of this title may
transfer recorded data collected by the entity from a
body-worn camera to another law enforcement agency or
intelligence agency for use in a criminal investigation
if the requesting law enforcement or intelligence
agency has reasonable suspicion that the requested data
contains evidence relating to the crime being
investigated.
``(B) Civil rights claims.--An entity receiving a
grant under subpart 1 of part E of this title may
transfer recorded data collected by the law enforcement
agency from a body-worn camera to another law
enforcement agency for use in an investigation of the
violation of any right, privilege, or immunity secured
or protected by the Constitution or laws of the United
States.
``(g) Audit and Assessment.--
``(1) In general.--Not later than 2 years after the date of
enactment of this part, the Director of the Office of Audit,
Assessment, and Management shall perform an assessment of the
use of funds under this section and the policies and protocols
of the grantees.
``(2) Reports.--Not later than September 1 of each year,
beginning 2 years after the date of enactment of this part,
each recipient of a grant under subpart 1 of part E of this
title shall submit to the Director of the Office of Audit,
Assessment, and Management a report that--
``(A) describes the progress of the body-worn
camera program; and
``(B) contains recommendations on ways in which the
Federal Government, States, and units of local
government can further support the implementation of
the program.
``(3) Review.--The Director of the Office of Audit,
Assessment, and Management shall evaluate the policies and
protocols of the grantees and take such steps as the Director
of the Office of Audit, Assessment, and Management determines
necessary to ensure compliance with the program.
``SEC. 3052. BODY-WORN CAMERA TRAINING TOOLKIT.
``(a) In General.--The Director shall establish and maintain a
body-worn camera training toolkit for law enforcement agencies,
academia, and other relevant entities to provide training and technical
assistance, including best practices for implementation, model policies
and procedures, and research materials.
``(b) Mechanism.--In establishing the toolkit required to under
subsection (a), the Director may consolidate research, practices,
templates, and tools that been developed by expert and law enforcement
agencies across the country.
``SEC. 3053. STUDY.
``(a) In General.--Not later than 2 years after the date of
enactment of the Police CAMERA Act of 2020, the Director shall conduct
a study on--
``(1) the efficacy of body-worn cameras in deterring
excessive force by law enforcement officers;
``(2) the impact of body-worn cameras on the accountability
and transparency of the use of force by law enforcement
officers;
``(3) the impact of body-worn cameras on responses to and
adjudications of complaints of excessive force;
``(4) the effect of the use of body-worn cameras on the
safety of law enforcement officers on patrol;
``(5) the effect of the use of body-worn cameras on public
safety;
``(6) the impact of body-worn cameras on evidence
collection for criminal investigations;
``(7) issues relating to the secure storage and handling of
recorded data from the body-worn cameras;
``(8) issues relating to the privacy of individuals and
officers recorded on body-worn cameras;
``(9) issues relating to the constitutional rights of
individuals on whom facial recognition technology is used;
``(10) issues relating to limitations on the use of facial
recognition technology;
``(11) issues relating to the public's access to body-worn
camera footage;
``(12) the need for proper training of law enforcement
officers that use body-worn cameras;
``(13) best practices in the development of protocols for
the safe and effective use of body-worn cameras;
``(14) a review of law enforcement agencies that found
body-worn cameras to be unhelpful in the operations of the
agencies; and
``(15) any other factors that the Director determines are
relevant in evaluating the efficacy of body-worn cameras.
``(b) Report.--Not later than 180 days after the date on which the
study required under subsection (a) is completed, the Director shall
submit to Congress a report on the study, which shall include any
policy recommendations that the Director considers appropriate.''.
PART 4--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 10081. SHORT TITLE.
This part may be cited as the ``Closing the Law Enforcement Consent
Loophole Act of 2020''.
SEC. 10082. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER
COLOR OF LAW.
(a) In General.--Section 2243 of title 18, United States Code, is
amended--
(1) in the section heading, by adding at the end the
following: ``or by any person acting under color of law'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Of an Individual by Any Person Acting Under Color of Law.--
``(1) In general.--Whoever, acting under color of law,
knowingly engages in a sexual act with an individual, including
an individual who is under arrest, in detention, or otherwise
in the actual custody of any Federal law enforcement officer,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(2) Definition.--In this subsection, the term `sexual
act' has the meaning given the term in section 2246.''; and
(4) in subsection (d), as so redesignated, by adding at the
end the following:
``(3) In a prosecution under subsection (c), it is not a defense
that the other individual consented to the sexual act.''.
(b) Definition.--Section 2246 of title 18, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) the term `Federal law enforcement officer' has the
meaning given the term in section 115.''.
(c) Clerical Amendment.--The table of sections for chapter 109A of
title 18, United States Code, is amended by amending the item related
to section 2243 to read as follows:
``2243. Sexual abuse of a minor or ward or by any person acting under
color of law.''.
SEC. 10083. ENACTMENT OF LAWS PENALIZING ENGAGING IN SEXUAL ACTS WHILE
ACTING UNDER COLOR OF LAW.
(a) In General.--Beginning in the first fiscal year that begins
after the date that is one year after the date of enactment of this
Act, in the case of a State or unit of local government that does not
have in effect a law described in subsection (b), if that State or unit
of local government that would otherwise receive funds under the COPS
grant program, that State or unit of local government shall not be
eligible to receive such funds. In the case of a multi-jurisdictional
or regional consortium, if any member of that consortium is a State or
unit of local government that does not have in effect a law described
in subsection (b), if that consortium would otherwise receive funds
under the COPS grant program, that consortium shall not be eligible to
receive such funds.
(b) Description of Law.--A law described in this subsection is a
law that--
(1) makes it a criminal offense for any person acting under
color of law of the State or unit of local government to engage
in a sexual act with an individual, including an individual who
is under arrest, in detention, or otherwise in the actual
custody of any law enforcement officer; and
(2) prohibits a person charged with an offense described in
paragraph (1) from asserting the consent of the other
individual as a defense.
(c) Reporting Requirement.--A State or unit of local government
that receives a grant under the COPS grant program shall submit to the
Attorney General, on an annual basis, information on--
(1) the number of reports made to law enforcement agencies
in that State or unit of local government regarding persons
engaging in a sexual act while acting under color of law during
the previous year; and
(2) the disposition of each case in which sexual misconduct
by a person acting under color of law was reported during the
previous year.
SEC. 10084. REPORTS TO CONGRESS.
(a) Report by Attorney General.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter, the Attorney
General shall submit to Congress a report containing--
(1) the information required to be reported to the Attorney
General under section 10083(b); and
(2) information on--
(A) the number of reports made, during the previous
year, to Federal law enforcement agencies regarding
persons engaging in a sexual act while acting under
color of law; and
(B) the disposition of each case in which sexual
misconduct by a person acting under color of law was
reported.
(b) Report by GAO.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Comptroller
General of the United States shall submit to Congress a report on any
violations of section 2243(c) of title 18, United States Code, as
amended by section 10082, committed during the 1-year period covered by
the report.
SEC. 10085. DEFINITION.
In this subpart, the term ``sexual act'' has the meaning given the
term in section 2246 of title 18, United States Code.
PART 5--MISCELLANEOUS PROVISIONS
SEC. 10091. SEVERABILITY.
If any provision of this Act, or the application of such a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this Act and the application of the
remaining provisions of this Act to any person or circumstance shall
not be affected thereby.
SEC. 10092. SAVINGS CLAUSE.
Nothing in this Act shall be construed--
(1) to limit legal or administrative remedies under section
1979 of the Revised Statutes of the United States (42 U.S.C.
1983), section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601), title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.), or title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(2) to affect any Federal, State, or Tribal law that
applies to an Indian Tribe because of the political status of
the Tribe; or
(3) to waive the sovereign immunity of an Indian Tribe
without the consent of the Tribe.
Subtitle B--SAFETY Through Nonviolence
SEC. 10201. SHORT TITLE.
This subtitle may be cited as the ``Securing American Families by
Educating and Training You (SAFETY) Through Nonviolence Act of 2020''.
SEC. 10202. FINDINGS.
Congress finds the following:
(1) The concept and practice of nonviolent thoughts, words,
and actions have a history and a legacy in the United States
and the global community.
(2) In the 19th century, American philosophers and authors
Ralph Waldo Emerson and Henry David Thoreau were leaders of the
transcendentalist philosophical movement which emphasized the
potential good of humanity, the importance of truth, and the
courage and power of peace.
(3) In the early 20th century, Mohandas (Mahatma) Gandhi
advanced the concepts and practices of ahimsa, or non-injury,
and satya, or truth as integral to social and active concepts
and practices.
(4) Gandhi continued Thoreau's ideas of Civil Disobedience
in developing the doctrine of satyagraha which connects truth
and nonviolence to active efforts in nonviolent, civil
disobedience.
(5) Dr. Martin Luther King, Jr., built upon these
philosophies in developing six principles of nonviolence. He
explained these to be a way of life which sought to build
friendships and understanding, defeat injustice, accept
suffering as a way to educate and transform, and to choose love
instead of hate. Nonviolence's strength is reinforced by the
universe siding with justice.
(6) Rev. James E. Lawson, Jr., a leading theorist and
strategist, helped spread the philosophy and doctrine of
nonviolence by organizing and teaching workshops to young
activists during the American Civil Rights Movement.
(7) During his Presidency, Nelson Rolihlahla Mandela
expanded the spirit of ubuntu, the African philosophy of the
interconnectedness, caring, sharing, and harmony of humanity,
throughout the world.
(8) According to the 2019 Global Peace Index, violence cost
$14,100,000,000 in constant purchasing power parity terms or
$1,853 per person in 2018. The fiscal loss resulting from
conflict greatly exceeds investments in peacebuilding and
peacekeeping.
(9) Given its proven success and evolution, the philosophy
and doctrine of nonviolence can and should play an important
role in breaking the cycle and reducing the frequency of
violence throughout the United States and as a model to the
global community.
(10) These lessons, principles, and practices should be
made available to Americans of all ages and backgrounds in all
parts of the country.
SEC. 10203. GRANTS TO EDUCATE AMERICANS ABOUT THE PRINCIPLES AND
PRACTICE OF NONVIOLENCE.
(a) Grants.--The Attorney General may make grants to eligible
entities to prevent or alleviate the effects of community violence by
providing education, mentoring, and counseling regarding the principles
and application of nonviolence in conflict resolution.
(b) Priority.--In awarding grants under this section, the Attorney
General shall give priority to applicants that agree to use the grant
in one or more eligible urban, rural, tribal, and suburban communities
that can certify--
(1) an increased or sustained level of violence or tension
in the community; or
(2) a lack of monetary or other resources to adopt
innovative, integrated, community-based violence prevention
programs.
(c) Limitation.--The Attorney General may not make a grant to an
eligible entity under this section unless the entity agrees to use not
less than 70 percent of such grant for nonviolence-prevention education
and program development.
(d) Definitions.--In this section, the term ``eligible entity''
means a State or local government entity (including law enforcement),
educational institution, nonprofit community, or faith-based
organization.
[(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $60,000,000 for each of the
fiscal years 2020 through 2025.]
Subtitle C--Local Public Health And Safety Protection
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Local Public Health And Safety
Protection Act''.
SEC. 10302. FINDINGS.
Congress finds the following:
(1) When it comes to gun violence, local laws serve the
important purpose of addressing the unique issues and dangers
facing each different community.
(2) Most State constitutions generally allocate authority
to local governments to regulate in the interests of the public
health, safety, and welfare. States that have removed authority
from local governments to regulate guns and ammunition have
created a dangerous exception to the traditional rule of local
authority.
(3) Broad State preemption statutes ignore important local
variations that may necessitate distinct approaches to the
problem of gun violence. State preemption statutes threaten
public safety because they prevent local governments from
implementing customized solutions to gun violence in their
communities.
(4) By mandating a one-size-fits-all approach to firearms
regulation, preemption statutes deprive the public of a
critical problem-solving resource--local innovation. Local
governments are often the source of cutting-edge laws to reduce
gun violence, which are proven successful and later adopted at
the statewide level.
(5) State preemption statutes impede local government's
ability to fill regulatory gaps created by inaction at the
State and Federal level. Restrictions on State and Federal
resources also make an extra level of local involvement
necessary to properly enforce many gun laws. For example, local
law enforcement may provide much needed oversight of gun
businesses, which the Bureau of Alcohol, Tobacco, Firearms &
Explosives is too underfunded to provide.
(6) States should not prohibit or restrict a local
government from imposing or implementing laws that are more
restrictive than the laws of the relevant State with respect
to--
(A) any background check requirement in relation to
any firearm transaction;
(B) the ability to carry a firearm in public places
or in locations owned or controlled by a unit of local
government;
(C) any requirement relating to the sale of
ammunition, such as a limitation on the amount an
individual is allowed to purchase at one time;
(D) any additional requirements relating to
licensing or permitting the purchase of a firearm;
(E) any requirement that firearm owners safely
store their firearms, or prevent children or any other
unauthorized person from accessing their firearms;
(F) taxes on the sale of firearms and ammunition,
unless the State prohibits or restricts local
governments from imposing such taxes on most other
consumer products;
(G) the sale, transfer, or possession of specific
types of unusually dangerous firearms and accessories,
such as assault weapons, bump stocks, and high capacity
magazines;
(H) the discharge of firearms in public parks and
other public places;
(I) zoning restrictions on gun dealers; and
(J) purchasing or obtaining a firearm on behalf of
a third party.
SEC. 10303. GRANTS TO REDUCE GUN VIOLENCE THROUGH LOCAL REGULATION.
(a) In General.--The Attorney General may make grants to States
that meet the eligibility requirements of subsection (b) for the
purposes described in subsection (c)(4).
(b) Eligibility.--
(1) In general.--To be eligible for a grant under this
section, a State may not through statute or regulation prohibit
or restrict a local government from imposing laws that are more
restrictive than the laws of the relevant State with respect
to--
(A) any background check requirement in relation to
any firearm transaction;
(B) the ability to carry a firearm in public places
or in locations owned or controlled by a unit of local
government;
(C) any requirement relating to the sale of
ammunition, such as a limitation on the amount an
individual is allowed to purchase at one time;
(D) any additional requirements relating to
licensing or permitting the purchase of a firearm;
(E) any requirement that firearm owners safely
store their firearms, or prevent children or any other
unauthorized person from accessing their firearms;
(F) taxes on the sale of firearms and ammunition,
unless the State prohibits or restricts local
governments from imposing such taxes on most other
consumer products;
(G) the sale, transfer, or possession of specific
types of unusually dangerous firearms and accessories,
such as assault weapons, bump stocks, and high capacity
magazines;
(H) the discharge of firearms in public parks and
other public places;
(I) zoning restrictions on gun dealers; and
(J) purchasing or obtaining a firearm on behalf of
a third party.
(2) Application.--To receive a grant under this section, a
State shall submit to the Attorney General an application at
such time, in such manner, and containing such information as
the Attorney General may reasonably require.
(c) Subgrants.--
(1) In general.--A State that receives a grant under this
section shall use the grant to make subgrants to any local
government that has enacted a law that is more restrictive than
the laws of the State with respect to at least 1 of the
following:
(A) Any background check requirement in relation to
any firearm transaction.
(B) The ability to carry a firearm in public places
or in locations owned or controlled by a unit of local
government.
(C) Any requirement relating to the sale of
ammunition, such as a limitation on the amount an
individual is allowed to purchase at one time.
(D) Any additional requirements relating to
licensing or permitting the purchase of a firearm.
(E) Any requirement that firearm owners safely
store their firearms, or prevent children or any other
unauthorized person from accessing their firearms.
(F) Taxes on the sale of firearms and ammunition,
unless the State prohibits or restricts local
governments from imposing such taxes on most other
consumer products.
(G) The sale, transfer, or possession of specific
types of unusually dangerous firearms and accessories,
such as assault weapons, bump stocks, and high capacity
magazines.
(H) The discharge of firearms in public parks and
other public places.
(I) Zoning restrictions on gun dealers.
(J) Purchasing or obtaining a firearm on behalf of
a third party.
(2) Eligibility.--To be eligible for a subgrant under this
subsection, a local government shall submit to the State an
application for the subgrant, at such time, in such manner, and
containing such information as the State may reasonably
require.
(3) Preference in awards.--A State shall give preference in
the awarding of the subgrants to local governments that have
disproportionate levels of gun violence or gun homicide.
(4) Use of funds.--A subgrantee under this section shall
use the subgrant to implement and enforce any requirement
referred to in paragraph (1), including through the development
of protocols, policies, procedures, or training for law
enforcement, and the development or use of technology by law
enforcement, in connection with the implementation or
enforcement of any such requirement.
(d) Administration.--A State that receives a grant under this
section may use not more than 5 percent of the grant for the
administration of subgrants under subsection (c).
Subtitle D--Marijuana Opportunity Reinvestment and Expungement
SEC. 10401. SHORT TITLE.
This subtitle may be cited as the ``Marijuana Opportunity
Reinvestment and Expungement Act of 2020'' or the ``MORE Act of 2020''.
SEC. 10402. DECRIMINALIZATION OF CANNABIS.
(a) Cannabis Removed From Schedule of Controlled Substances.--
(1) Removal in statute.--Subsection (c) of schedule I of
section 202(c) of the Controlled Substances Act (21 U.S.C. 812)
is amended--
(A) by striking ``(10) Marihuana.''; and
(B) by striking ``(17) Tetrahydrocannabinols,
except for tetrahydrocannabinols in hemp (as defined in
section 297A of the Agricultural Marketing Act of
1946).''.
(2) Removal from schedule.--Not later than 180 days after
the date of the enactment of this Act, the Attorney General
shall finalize a rulemaking under section 201(a)(2) removing
marihuana and tetrahydrocannabinols from the schedules of
controlled substances. Marihuana and tetrahydrocannabinols
shall each be deemed to be a drug or other substance that does
not meet the requirements for inclusion in any schedule. A
rulemaking under this paragraph shall be considered to have
taken effect as of the date of enactment of this Act for
purposes of any offense committed, case pending, conviction
entered, and, in the case of a juvenile, any offense committed,
case pending, and adjudication of juvenile delinquency entered
before, on, or after the date of enactment of this Act.
(b) Conforming Amendments to Controlled Substances Act.--The
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking clause (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking clause (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(iii) in subparagraph (C), in the first
sentence, by striking ``subparagraphs (A), (B),
and (D)'' and inserting ``subparagraphs (A) and
(B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as so
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''.
(c) Other Conforming Amendments.--
(1) National forest system drug control act of 1986.--The
National Forest System Drug Control Act of 1986 (16 U.S.C. 559b
et seq.) is amended--
(A) in section 15002(a) (16 U.S.C. 559b(a)) by
striking ``marijuana and other'';
(B) in section 15003(2) (16 U.S.C. 559c(2)) by
striking ``marijuana and other''; and
(C) in section 15004(2) (16 U.S.C. 559d(2)) by
striking ``marijuana and other''.
(2) Interception of communications.--Section 2516 of title
18, United States Code, is amended--
(A) in subsection (1)(e), by striking
``marihuana,''; and
(B) in subsection (2) by striking ``marihuana''.
(d) Retroactivity.--The amendments made by this section to the
Controlled Substances Act (21 U.S.C. 801 et seq.) are retroactive and
shall apply to any offense committed, case pending, conviction entered,
and, in the case of a juvenile, any offense committed, case pending, or
adjudication of juvenile delinquency entered before, on, or after the
date of enactment of this Act.
SEC. 10403. DEMOGRAPHIC DATA OF CANNABIS BUSINESS OWNERS AND EMPLOYEES.
(a) In General.--The Bureau of Labor Statistics shall regularly
compile, maintain, and make public data on the demographics of--
(1) individuals who are business owners in the cannabis
industry; and
(2) individuals who are employed in the cannabis industry.
(b) Demographic Data.--The data collected under subsection (a)
shall include data regarding--
(1) age;
(2) certifications and licenses;
(3) disability status;
(4) educational attainment;
(5) family and marital status;
(6) nativity;
(7) race and Hispanic ethnicity;
(8) school enrollment;
(9) veteran status; and
(10) sex.
(c) Confidentiality.--The name, address, and other identifying
information of individuals employed in the cannabis industry shall be
kept confidential by the Bureau and not be made available to the
public.
(d) Definitions.--In this section:
(1) Cannabis.--The term ``cannabis'' means either marijuana
or cannabis as defined under the State law authorizing the sale
or use of cannabis in which the individual or entity is
located.
(2) Cannabis industry.--The term ``cannabis industry''
means an individual or entity that is licensed or permitted
under a State or local law to engage in commercial cannabis-
related activity.
(3) Owner.--The term ``owner'' means an individual or
entity that is defined as an owner under the State or local law
where the individual or business is licensed or permitted.
SEC. 10404. CREATION OF OPPORTUNITY TRUST FUND AND IMPOSITION OF TAX ON
CANNABIS PRODUCTS.
(a) Trust Fund.--
(1) Establishment.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 9512. OPPORTUNITY TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Opportunity Trust
Fund' (referred to in this section as the `Trust Fund'), consisting of
such amounts as may be appropriated or credited to such fund as
provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Trust Fund amounts equivalent to the net revenues received in the
Treasury from the tax imposed by section 5701(h).
``(c) Expenditures.--Amounts in the Trust Fund shall be available,
without further appropriation, only as follows:
``(1) 50 percent to the Attorney General to carry out
section 3052(a) of part OO of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(2) 10 percent to the Attorney General to carry out
section 3052(b) of part OO of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(3) 20 percent to the Administrator of the Small Business
Administration to carry out section 5(b)(1) of the Marijuana
Opportunity Reinvestment and Expungement Act of 2020.
``(4) 20 percent to the Administrator of the Small Business
Administration to carry out section 5(b)(2) of the Marijuana
Opportunity Reinvestment and Expungement Act of 2020.''.
(2) Clerical amendment.--The table of sections for
subchapter A of chapter 98 of such Code is amended by adding at
the end the following new item:
``Sec. 9512. Opportunity trust fund.''.
(b) Imposition of Tax.--
(1) In general.--Section 5701 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (h) as
subsection (i) and by inserting after subsection (g) the
following new subsection:
``(h) Cannabis Products.--On cannabis products, manufactured in or
imported into the United States, there shall be imposed a tax equal to
5 percent of the price for which sold.''.
(2) Cannabis product defined.--Section 5702 of such Code is
amended by adding at the end the following new subsection:
``(q) Cannabis Product.--
``(1) In general.--Except as provided in paragraph (2), the
term `cannabis product' means any cannabis or any article which
contains cannabis or any derivative thereof.
``(2) Exception.--The term `cannabis product' shall not
include any medicine or drug that is a prescribed drug (as such
term is defined in section 213(d)(3)).
``(3) Cannabis.--The term `cannabis'--
``(A) means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the
resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin; and
``(B) does not include--
``(i) hemp, as defined in section 297A of
the Agricultural Marketing Act of 1946; or
``(ii) the mature stalks of such plant,
fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other
compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such
plant which is incapable of germination.''.
(3) Cannabis products treated as tobacco products.--Section
5702(c) of such Code is amended by striking ``and roll-your-own
tobacco'' and inserting ``roll-your-own tobacco, and cannabis
products''.
(4) Manufacturer of cannabis products treated as
manufacturer of tobacco products.--Section 5702 of such Code is
amended by adding at the end the following new subsection:
``(r) Manufacturer of Cannabis Products.--
``(1) In general.--Any person who plants, cultivates,
harvests, produces, manufactures, compounds, converts,
processes, prepares, or packages any cannabis product shall be
treated as a manufacturer of cannabis products (and as
manufacturing such cannabis product).
``(2) Exception.--Paragraph (1) shall not apply with
respect to any cannabis product which is for such person's own
personal consumption or use.
``(3) Application of rules related to manufacturers of
tobacco products.--Any reference to a manufacturer of tobacco
products, or to manufacturing tobacco products, shall be
treated as including a reference to a manufacturer of cannabis
products, or to manufacturing cannabis products,
respectively.''.
(5) Application of certain rules for determining price.--
Section 5702(l) of such Code is amended--
(A) by striking ``section 5701(a)(2)'' and
inserting ``subsections (a)(2) and (h) of section
5701''; and
(B) by inserting ``and Cannabis Products'' after
``Cigars'' in the heading thereof.
(6) Conforming amendment.--Section 5702(j) of such Code is
amended by adding at the end the following new sentence: ``In
the case of a cannabis product, the previous sentence shall be
applied by substituting `from a facility of a manufacturer
required to file a bond under section 5711' for `from the
factory or from internal revenue bond under section 5704'.''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
articles manufactured or imported in calendar quarters
beginning more than one year after the date of the enactment of
this Act.
(2) Trust fund.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
SEC. 10405. OPPORTUNITY TRUST FUND PROGRAMS.
(a) Cannabis Justice Office; Community Reinvestment Grant
Program.--
(1) Cannabis justice office.--Part A of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.) is amended by inserting after section 109 the
following:
``SEC. 110. CANNABIS JUSTICE OFFICE.
``(a) Establishment.--There is established within the Office of
Justice Programs a Cannabis Justice Office.
``(b) Director.--The Cannabis Justice Office shall be headed by a
Director who shall be appointed by the Assistant Attorney General for
the Office of Justice Programs. The Director shall report to the
Assistant Attorney General for the Office of Justice Programs. The
Director shall award grants and may enter into compacts, cooperative
agreements, and contracts on behalf of the Cannabis Justice Office. The
Director may not engage in any employment other than that of serving as
the Director, nor may the Director hold any office in, or act in any
capacity for, any organization, agency, or institution with which the
Office makes any contract or other arrangement.
``(c) Employees.--
``(1) In general.--The Director shall employ as many full-
time employees as are needed to carry out the duties and
functions of the Cannabis Justice Office under subsection (d).
Such employees shall be exclusively assigned to the Cannabis
Justice Office.
``(2) Initial hires.--Not later than 6 months after the
date of enactment of this section, the Director shall--
``(A) hire no less than one-third of the total
number of employees of the Cannabis Justice Office; and
``(B) no more than one-half of the employees
assigned to the Cannabis Justice Office by term
appointment that may after 2 years be converted to
career appointment.
``(3) Legal counsel.--At least one employee hired for the
Cannabis Justice Office shall serve as legal counsel to the
Director and shall provide counsel to the Cannabis Justice
Office.
``(d) Duties and Functions.--The Cannabis Justice Office is
authorized to--
``(1) administer the Community Reinvestment Grant Program;
and
``(2) perform such other functions as the Assistant
Attorney General for the Office of Justice Programs may
delegate, that are consistent with the statutory obligations of
this section.''.
(2) Community reinvestment grant program.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
et seq.) is amended by adding at the end the following:
``PART OO--COMMUNITY REINVESTMENT GRANT PROGRAM
``SEC. 3052. AUTHORIZATION.
``(a) In General.--The Director of the Cannabis Justice Office
shall establish and carry out a grant program, known as the `Community
Reinvestment Grant Program', to provide eligible entities with funds to
administer services for individuals most adversely impacted by the War
on Drugs, including--
``(1) job training;
``(2) reentry services;
``(3) legal aid for civil and criminal cases, including
expungement of cannabis convictions;
``(4) literacy programs;
``(5) youth recreation or mentoring programs; and
``(6) health education programs.
``(b) Substance Use Treatment Services.--The Community Reinvestment
Grant Program established in subsection (a) shall provide eligible
entities with funds to administer substance use treatment services for
individuals most adversely impacted by the War on Drugs.
``SEC. 3053. FUNDING FROM OPPORTUNITY TRUST FUND.
``The Director shall carry out the program under this part using
funds made available under section 9512(c)(1) and (2) of the Internal
Revenue Code.
``SEC. 3054. DEFINITIONS.
``In this part:
``(1) The term `cannabis conviction' means a conviction, or
adjudication of juvenile delinquency, for a cannabis offense
(as such term is defined in section 12(2) of the Marijuana
Opportunity Reinvestment and Expungement Act of 2020).
``(2) The term `substance use treatment' means an evidence-
based, professionally directed, deliberate, and planned regimen
including evaluation, observation, medical monitoring, harm
reduction, and rehabilitative services and interventions such
as pharmacotherapy, mental health services, and individual and
group counseling, on an inpatient or outpatient basis, to help
patients with substance use disorder reach remission and
maintain recovery.
``(3) The term `eligible entity' means a nonprofit
organization, as defined in section 501(c)(3) of the Internal
Revenue Code, that is representative of a community or a
significant segment of a community with experience in providing
relevant services to individuals most adversely impacted by the
War on Drugs in that community.
``(4) The term `individuals most adversely impacted by the
War on Drugs' has the meaning given that term in section 5 of
the Marijuana Opportunity Reinvestment and Expungement Act of
2020.''.
(b) Cannabis Opportunity Program; Equitable Licensing Grant
Program.--
(1) Cannabis opportunity program.--The Administrator of the
Small Business Administration shall establish and carry out a
program, to be known as the ``Cannabis Opportunity Program'' to
provide any eligible State or locality funds to make loans
under section 7(m) of the Small Business Act (15 U.S.C. 363(m))
to assist small business concerns owned and controlled by
socially and economically disadvantaged individuals, as defined
in section 8(d)(3)(C) of the Small Business Act (15 U.S.C.
637(d)(3)(C)) that operate in the cannabis industry.
(2) Equitable licensing grant program.--The Administrator
of the Small Business Administration shall establish and carry
out a grant program, to be known as the ``Equitable Licensing
Grant Program'', to provide any eligible State of locality
funds to develop and implement equitable cannabis licensing
programs that minimize barriers to cannabis licensing and
employment for individuals most adversely impacted by the War
on Drugs, provided that each grantee includes in its cannabis
licensing program at least four of the following:
(A) A waiver of cannabis license application fees
for individuals who have had an income below 250
percent of the Federal Poverty Level for at least 5 of
the past 10 years who are first-time applicants.
(B) A prohibition on the denial of a cannabis
license based on a conviction for a cannabis offense
that took place prior to State legalization of cannabis
or the date of enactment of this Act, as appropriate.
(C) A prohibition on criminal conviction
restrictions for licensing except with respect to a
conviction related to owning and operating a business.
(D) A prohibition on cannabis license holders
engaging in suspicionless cannabis drug testing of
their prospective or current employees, except with
respect to drug testing for safety-sensitive positions,
as defined under the Omnibus Transportation Testing Act
of 1991.
(E) The establishment of a cannabis licensing board
that is reflective of the racial, ethnic, economic, and
gender composition of the State or locality, to serve
as an oversight body of the equitable licensing
program.
(3) Definitions.--In this subsection:
(A) The term ``individual most adversely impacted
by the War on Drugs'' means an individual--
(i) who has had an income below 250 percent
of the Federal Poverty Level for at least 5 of
the past 10 years; and
(ii) has been arrested for or convicted of
the sale, possession, use, manufacture, or
cultivation of cannabis or a controlled
substance (except for a conviction involving
distribution to a minor), or whose parent,
sibling, spouse, or child has been arrested for
or convicted of such an offense.
(B) The term ``eligible State or locality'' means a
State or locality that has taken steps to--
(i) create an automatic process, at no cost
to the individual, for the expungement,
destruction, or sealing of criminal records for
cannabis offenses; and
(ii) eliminate violations or other
penalties for persons under parole, probation,
pre-trial, or other State or local criminal
supervision for a cannabis offense.
(C) The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, any
territory or possession of the United States, and any
Indian Tribe (as defined in section 201 of Public Law
90-294 (25 U.S.C. 1301) (commonly known as the ``Indian
Civil Rights Act of 1968'')).
SEC. 10406. AVAILABILITY OF SMALL BUSINESS ADMINISTRATION PROGRAMS AND
SERVICES TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND
SERVICE PROVIDERS.
(a) Definitions Relating to Cannabis-Related Legitimate Businesses
and Service Providers.--Section 3 of the Small Business Act (15 U.S.C.
632) is amended by adding at the end the following new subsection:
``(ff) Cannabis-Related Legitimate Businesses and Service
Providers.--In this Act:
``(1) Cannabis.--The term `cannabis'--
``(A) means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the
resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds or resin; and
``(B) does not include--
``(i) hemp, as defined in section 297A of
the Agricultural Marketing Act of 1946; or
``(ii) the mature stalks of such plant,
fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other
compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such
plant which is incapable of germination.
``(2) Cannabis-related legitimate business.--The term
`cannabis-related legitimate business' means a manufacturer,
producer, or any person or company that is a small business
concern and that--
``(A) engages in any activity described in
subparagraph (B) pursuant to a law established by a
State or a political subdivision of a State, as
determined by such State or political sub-division; and
``(B) participates in any business or organized
activity that involves handling cannabis or cannabis
products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.
``(3) Service provider.--The term `service provider'--
``(A) means a business, organization, or other
person that--
``(i) sells goods or services to a
cannabis-related legitimate business; or
``(ii) provides any business services,
including the sale or lease of real or any
other property, legal or other licensed
services, or any other ancillary service,
relating to cannabis; and
``(B) does not include a business, organization, or
other person that participates in any business or
organized activity that involves handling cannabis or
cannabis products, including cultivating, producing,
manufacturing, selling, transporting, displaying,
dispensing, distributing, or purchasing cannabis or
cannabis products.''.
(b) Small Business Development Centers.--Section 21(c) of the Small
Business Act (15 U.S.C. 648(c)) is amended by adding at the end the
following new paragraph:
``(9) Services for cannabis-related legitimate businesses
and service providers.--A small business development center may
not decline to provide services to an otherwise eligible small
business concern under this section solely because such concern
is a cannabis-related legitimate business or service
provider.''.
(c) Women's Business Centers.--Section 29 of the Small Business Act
(15 U.S.C. 656) is amended by adding at the end the following new
subsection:
``(p) Services for Cannabis-Related Legitimate Businesses and
Service Providers.--A women's business center may not decline to
provide services to an otherwise eligible small business concern under
this section solely because such concern is a cannabis-related
legitimate business or service provider.''.
(d) SCORE.--Section 8(b)(1)(B) of the Small Business Act (15 U.S.C.
637(b)(1)(B)) is amended by adding at the end the following new
sentence: ``The head of the SCORE program established under this
subparagraph may not decline to provide services to an otherwise
eligible small business concern solely because such concern is a
cannabis-related legitimate business or service provider.''.
(e) Veteran Business Outreach Centers.--Section 32 of the Small
Business Act (15 U.S.C. 657b) is amended by adding at the end the
following new subsection:
``(h) Services for Cannabis-Related Legitimate Businesses and
Service Providers.--A Veteran Business Outreach Center may not decline
to provide services to an otherwise eligible small business concern
under this section solely because such concern is a cannabis-related
legitimate business or service provider.''.
(f) 7(a) Loans.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended by adding at the end the following new paragraph:
``(36) Loans to cannabis-related legitimate businesses and
service providers.--The Administrator may not decline to
provide a guarantee for a loan under this subsection to an
otherwise eligible small business concern solely because such
concern is a cannabis-related legitimate business or service
provider.''.
(g) Disaster Loans.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting after paragraph (15) the
following new paragraph:
``(16) Assistance to cannabis-related legitimate businesses
and service providers.--The Administrator may not decline to
provide assistance under this subsection to an otherwise
eligible borrower solely because such borrower is a cannabis-
related legitimate business or service provider.''.
(h) Microloans.--Section 7(m) of the Small Business Act (15 U.S.C.
636(m)) is amended by adding at the end the following new paragraph:
``(14) Assistance to cannabis-related legitimate businesses
and service providers.--An eligible intermediary may not
decline to provide assistance under this subsection to an
otherwise eligible borrower solely because such borrower is a
cannabis-related legitimate business or service provider.''.
(i) State or Local Development Company Loans.--Title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by
adding at the end the following new section:
``SEC. 511. LOANS TO CANNABIS-RELATED LEGITIMATE BUSINESSES AND SERVICE
PROVIDERS.
``The Administrator may not decline to provide a guarantee for a
loan under this title to an otherwise eligible State or local
development company solely because such State or local development
company provides financing to an entity that is a cannabis-related
legitimate business or service provider (as defined in section 3(ff) of
the Small Business Act).''.
SEC. 10407. NO DISCRIMINATION IN THE PROVISION OF A FEDERAL PUBLIC
BENEFIT ON THE BASIS OF CANNABIS.
(a) In General.--No person may be denied any Federal public benefit
(as such term is defined in section 401(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8
U.S.C. 1611(c))) on the basis of any use or possession of cannabis, or
on the basis of a conviction or adjudication of juvenile delinquency
for a cannabis offense, by that person.
(b) Security Clearances.--Federal agencies may not use past or
present cannabis or marijuana use as criteria for granting, denying, or
rescinding a security clearance.
SEC. 10408. NO ADVERSE EFFECT FOR PURPOSES OF THE IMMIGRATION LAWS.
(a) In General.--For purposes of the immigration laws (as such term
is defined in section 101 of the Immigration and Nationality Act),
cannabis may not be considered a controlled substance, and an alien may
not be denied any benefit or protection under the immigration laws
based on any event, including conduct, a finding, an admission,
addiction or abuse, an arrest, a juvenile adjudication, or a
conviction, relating to cannabis, regardless of whether the event
occurred before, on, or after the effective date of this subtitle.
(b) Cannabis Defined.--The term ``cannabis''--
(1) means all parts of the plant Cannabis sativa L.,
whether growing or not; the seeds thereof; the resin extracted
from any part of such plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its
seeds or resin; and
(2) does not include--
(A) hemp, as defined in section 297A of the
Agricultural Marketing Act of 1946; or
(B) the mature stalks of such plant, fiber produced
from such stalks, oil or cake made from the seeds of
such plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of such mature
stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of such plant
which is incapable of germination.
(c) Conforming Amendments to Immigration and Nationality Act.--The
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 212(h), by striking ``and subparagraph
(A)(i)(II) of such subsection insofar as it relates to a single
offense of simple possession of 30 grams or less of
marijuana'';
(2) in section 237(a)(2)(B)(i), by striking ``other than a
single offense involving possession for one's own use of 30
grams or less of marijuana'';
(3) in section 101(f)(3), by striking ``(except as such
paragraph relates to a single offense of simple possession of
30 grams or less of marihuana)'';
(4) in section 244(c)(2)(A)(iii)(II) by striking ``except
for so much of such paragraph as relates to a single offense of
simple possession of 30 grams or less of marijuana'';
(5) in section 245(h)(2)(B) by striking ``(except for so
much of such paragraph as related to a single offense of simple
possession of 30 grams or less of marijuana)'';
(6) in section 210(c)(2)(B)(ii)(III) by striking ``, except
for so much of such paragraph as relates to a single offense of
simple possession of 30 grams or less of marihuana''; and
(7) in section 245A(d)(2)(B)(ii)(II) by striking ``, except
for so much of such paragraph as relates to a single offense of
simple possession of 30 grams or less of marihuana''.
SEC. 10409. RESENTENCING AND EXPUNGEMENT.
(a) Expungement of Federal Cannabis Offense Convictions for
Individuals Not Under a Criminal Justice Sentence.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, each Federal district shall conduct
a comprehensive review and issue an order expunging each
conviction or adjudication of juvenile delinquency for a
Federal cannabis offense entered by each Federal court in the
district before the date of enactment of this Act and on or
after May 1, 1971. Each Federal court shall also issue an order
expunging any arrests associated with each expunged conviction
or adjudication of juvenile delinquency.
(2) Notification.--To the extent practicable, each Federal
district shall notify each individual whose arrest, conviction,
or adjudication of delinquency has been expunged pursuant to
this subsection that their arrest, conviction, or adjudication
of juvenile delinquency has been expunged, and the effect of
such expungement.
(3) Right to petition court for expungement.--At any point
after the date of enactment of this Act, any individual with a
prior conviction or adjudication of juvenile delinquency for a
Federal cannabis offense, who is not under a criminal justice
sentence, may file a motion for expungement. If the expungement
of such a conviction or adjudication of juvenile delinquency is
required pursuant to this subtitle, the court shall expunge the
conviction or adjudication, and any associated arrests. If the
individual is indigent, counsel shall be appointed to represent
the individual in any proceedings under this subsection.
(4) Sealed record.--The court shall seal all records
related to a conviction or adjudication of juvenile delinquency
that has been expunged under this subsection. Such records may
only be made available by further order of the court.
(b) Sentencing Review for Individuals Under a Criminal Justice
Sentence.--
(1) In general.--For any individual who is under a criminal
justice sentence for a Federal cannabis offense, the court that
imposed the sentence shall, on motion of the individual, the
Director of the Bureau of Prisons, the attorney for the
Government, or the court, conduct a sentencing review hearing.
If the individual is indigent, counsel shall be appointed to
represent the individual in any sentencing review proceedings
under this subsection.
(2) Potential reduced resentencing.--After a sentencing
hearing under paragraph (1), a court shall--
(A) expunge each conviction or adjudication of
juvenile delinquency for a Federal cannabis offense
entered by the court before the date of enactment of
this Act, and any associated arrest;
(B) vacate the existing sentence or disposition of
juvenile delinquency and, if applicable, impose any
remaining sentence or disposition of juvenile
delinquency on the individual as if this subtitle, and
the amendments made by this subtitle, were in effect at
the time the offense was committed; and
(C) order that all records related to a conviction
or adjudication of juvenile delinquency that has been
expunged or a sentence or disposition of juvenile
delinquency that has been vacated under this subtitle
be sealed and only be made available by further order
of the court.
(c) Effect of Expungement.--An individual who has had an arrest, a
conviction, or juvenile delinquency adjudication expunged under this
section--
(1) may treat the arrest, conviction, or adjudication as if
it never occurred; and
(2) shall be immune from any civil or criminal penalties
related to perjury, false swearing, or false statements, for a
failure to disclose such arrest, conviction, or adjudication.
(d) Definitions.--In this section:
(1) The term ``Federal cannabis offense'' means an offense
that is no longer punishable pursuant to this subtitle or the
amendments made under this subtitle.
(2) The term ``expunge'' means, with respect to an arrest,
a conviction, or a juvenile delinquency adjudication, the
removal of the record of such arrest, conviction, or
adjudication from each official index or public record.
(3) The term ``under a criminal justice sentence'' means,
with respect to an individual, that the individual is serving a
term of probation, parole, supervised release, imprisonment,
official detention, pre-release custody, or work release,
pursuant to a sentence or disposition of juvenile delinquency
imposed on or after the effective date of the Controlled
Substances Act (May 1, 1971).
SEC. 10410. REFERENCES IN EXISTING LAW TO MARIJUANA OR MARIHUANA.
Wherever, in the statutes of the United States or in the rulings,
regulations, or interpretations of various administrative bureaus and
agencies of the United States--
(1) there appears or may appear the term ``marihuana'' or
``marijuana'', that term shall be struck and the term
``cannabis'' shall be inserted; and
(2) there appears or may appear the term ``Marihuana'' or
``Marijuana'', that term shall be struck and the term
``Cannabis'' shall be inserted.
SEC. 10411. SEVERABILITY.
If any provision of this subtitle or an amendment made by this
subtitle, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
subtitle, the amendments made by this subtitle, and the application of
this subtitle and the amendments made by this subtitle to any other
person or circumstance shall not be affected.
SEC. 10412. CANNABIS OFFENSE DEFINED.
For purposes of this subtitle, the term ``cannabis offense'' means
a criminal offense related to cannabis--
(1) that, under Federal law, is no longer punishable
pursuant to this subtitle or the amendments made under this
subtitle; or
(2) that, under State law, is no longer an offense or that
was designated a lesser offense or for which the penalty was
reduced under State law pursuant to or following the adoption
of a State law authorizing the sale or use of cannabis.
SEC. 10413. RULEMAKING.
Unless otherwise provided in this subtitle, not later than 1 year
after the date of enactment of this Act, the Department of the
Treasury, the Department of Justice, and the Small Business
Administration shall issue or amend any rules, standard operating
procedures, and other legal or policy guidance necessary to carry out
implementation of this subtitle. After the 1-year period, any publicly
issued sub-regulatory guidance, including any compliance guides,
manuals, advisories and notices, may not be issued without 60-day
notice to appropriate congressional committees. Notice shall include a
description and justification for additional guidance.
Subtitle E--ICE Body Camera
SEC. 10501. SHORT TITLE.
This subtitle may be cited as the ``ICE Body Camera Act of 2020''.
SEC. 10502. FINDINGS.
Congress finds the following:
(1) Body cameras employed in police actions have led to
increases in public trust and decreases in police violence.
(2) Employing body cameras in police actions makes
enforcement actions safer for law enforcement officers and
members of the general public alike while restoring trust and
accountability in the process.
SEC. 10503. USE OF BODY CAMERAS BY CERTAIN ICE OFFICERS.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Director of U.S. Immigration and Customs
Enforcement (ICE) shall ensure that all deportation officers of
Enforcement and Removal Operations of ICE wear body cameras when such
officers are engaged in field operations or removal proceedings.
(b) Implementation.--To carry out subsection (a), the Director of
ICE shall, not later than 12 months after the date of the enactment of
this Act--
(1) establish policies and procedures for when deportation
officers of Enforcement and Removal Operations of ICE should
wear, activate, and deactivate body cameras;
(2) develop standards for the effective placement of such
cameras;
(3) publish and implement best practices for receiving and
storing accurate recordings from such cameras;
(4) establish guidelines and training for such officers on
the proper management and use of such cameras; and
(5) establish policies for the availability of such
recordings to the subjects of removal proceedings, victims of
crime, internal use by law enforcement officials, and the
general public.
SEC. 10504. RECORDINGS TO BE PROVIDED TO CERTAIN PERSONS.
A recording made by a body camera worn by a deportation officer
during an enforcement action shall be provided, in the case of any
administrative proceeding (including a removal proceeding), civil
action, or criminal prosecution to which such recording pertains, to
each party to the proceeding, action, or prosecution.
SEC. 10505. WITHHOLDING OF CERTAIN FUNDS.
Any funds necessary to purchase, store, use, or maintain body
cameras described in this subtitle shall be derived from funds made
available to purchase new weapons for ICE officials.
Subtitle G--Demanding Oversight From Justice
SEC. 10701. SHORT TITLE.
This subtitle may be cited as the ``Demanding Oversight from
Justice Act of 2020''.
SEC. 10702. CIVIL ACTION BY ATTORNEY GENERAL.
Section 210401(b) of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 12601(b)) is amended by striking ``may in a
civil action'' and inserting ``shall in a civil action''.
SEC. 10703. ANNUAL REPORTING REQUIREMENT.
Not later than 1 year after the date of enactment of this section,
and annually thereafter, the Attorney General shall publish a report
describing the complaints received by the Department of Justice
alleging violations of section 210401 of the Violent Crime Control and
Law Enforcement Act of 1994, including--
(1) information on each investigation conducted and each
civil action initiated--
(A) pursuant to all such complaints; or
(B) without such a complaint having been filed; and
(2) for each complaint received for which the Attorney
General does not initiate an investigation or a civil action,
an explanation as to why no investigation or civil action was
initiated.
Subtitle H--Building Bridges and Transforming Resentment and Unfairness
to Support and Trust for Municipal Law Enforcement
SEC. 10801. SHORT TITLE.
This subtitle may be cited as the ``Building Bridges and
Transforming Resentment and Unfairness to Support and Trust for
Municipal Law Enforcement Act of 2020'' or the ``Build TRUST Act of
2020''.
SEC. 10802. FINDINGS.
Congress finds the following:
(1) The growing trend of local units of government using
traffic fines and traffic court fees and costs as revenue
generators promotes unfair, excessive targeting of citizens by
law enforcement agents, infringes on civil liberties, and
promotes reliance on unpredictable revenue sources.
(2) The growing trend of local units of government using
traffic fines and traffic court fees and costs as revenue
generators has the potential to breed public cynicism and
distrust of local law enforcement agencies, and to lessen
public confidence that the laws are being enforced impartially
and the criminal justice system is administered equally.
SEC. 10803. REDUCTION IN GRANT FUNDING FOR UNITS OF LOCAL GOVERNMENT.
(a) Collection of Fines for Violations of Traffic Laws.--Except as
provided in subsection (b) or section 10804, a unit of local government
which, during the previous 3 fiscal years, funded an amount that, on
average, was greater than 18 percent of its operating budget using
revenue generated from collecting fines and other fees related to
violations of traffic laws, shall, in the case of a unit of local
government receiving grant funds under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3750 et seq.), receive only 25 percent of the grant award that would
have otherwise been awarded to that unit of local government under such
subpart.
(b) Disproportionate Racial Composition of Law Enforcement
Agencies.--In the case of a unit of local government described in
subsection (a) for which, during the previous fiscal year, the
percentage of individuals who identify as a race who were employees of
the law enforcement agency for that unit of local government, and the
percentage of individuals who identify as that race who live in the
jurisdiction which that law enforcement agency serves, differs by
greater than 30 percent, the unit of local government shall receive
only 5 percent of the grant award that would have otherwise been
awarded to that unit of local government under subpart 1 of part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(c) Obligation of States.--A State that receives a grant award
under subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), which does not
reduce a subgrant award made under such grant to a unit of local
government in its jurisdiction in accordance with this section, shall,
in the succeeding fiscal year, receive only 50 percent of the grant
award that would have otherwise been awarded to that State under such
subpart.
(d) Reallocation.--Any funds withheld from a State or unit of local
government from a direct grant award by the Attorney General shall be
reallocated in accordance with subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.).
SEC. 10804. EXEMPTIONS.
The provisions of section 10803 shall not apply in the case of any
unit of local government--
(1) that serves a population of less than 15,000 people and
so certifies to the Attorney General; or
(2) to which the Attorney General has granted a waiver
under section 10805.
SEC. 10805. WAIVERS.
The Attorney General may, in his or her discretion, grant a waiver
under this section to any unit of local government for good cause
shown, and shall consider the following factors:
(1) Whether, resulting from allegations of excessive uses
of force, false arrests, improper searches and seizures,
failures to discipline officers sufficiently, or failure to
supervise officers, the unit of local government is subject to
a consent decree or Memorandum of Understanding, or the subject
of an investigation by the Special Litigation Section of the
Civil Rights Division of the Department of Justice.
(2) Whether the unit of local government has taken
affirmative action to ensure that adequate practices and
procedures are in place to increase public trust and confidence
in the impartial and equitable administration of justice,
including--
(A) whether incidents of officer involved shootings
and uses of excessive force are investigated by a
Special Prosecutor appointed by the Governor, State
Attorney General, or Presiding Judge of the local court
of jurisdiction;
(B) whether incidents of officer involved shootings
and uses of excessive force are adjudicated in a public
proceeding rather than the grand jury process.
(3) Whether the minority community is equitably represented
in the municipality's legislative body and executive
departments.
Subtitle I--Clarification of Right to Counsel
SEC. 10901. CLARIFICATION OF RIGHT TO COUNSEL.
(a) Right to Counsel in Immigration Proceedings.--
(1) Subparagraph (A) of section 240(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)) is
amended to read as follows:
``(A) the alien shall have the privilege of being
represented by counsel of the alien's choosing who is
authorized to practice in such proceedings,''.
(2) Section 292 of the Immigration and Nationality Act (8
U.S.C. 1362) is amended to read as follows:
``SEC. 292. RIGHT TO COUNSEL.
``(a) In General.--In any removal, exclusion, or deportation
proceeding or inspection under section 235(a), 235(b), 236, 238, 240,
or 241, the person subject to such proceeding shall be entitled to
representation by such authorized counsel as the person may choose.
``(b) Redress Options.--If counsel cannot personally meet with a
person subject to holding, detention, or inspection at a port of entry,
U.S. Customs and Border Protection or U.S. Immigration and Customs
Enforcement, as appropriate, shall provide redress options through
which counsel may communicate remotely with the held or detained person
during the first hour and thereafter of such holding or detention,
regardless of the day or time when such holding or detention began.
``(c) Record of Abandonment of Lawful Permanent Resident Status or
Withdrawal of Application for Admission.--A person held or detained at
a port of entry may not submit a valid Record of Abandonment of Lawful
Permanent Resident Status or Withdrawal of Application for Admission if
such person has been denied access to counsel in accordance with this
section.
``(d) Definitions.--In this section:
``(1) Inspection.--The term `inspection' does not include
primary inspection (as defined in the policies of the
Department of Homeland Security).
``(2) Person.--The term `person' has the meaning given the
term in section 101(b)(3).''.
(b) Right to Counsel or Representation.--Section 555(b) of title 5,
United States Code, is amended by adding at the end the following:
``The right to be accompanied, represented, and advised by counsel or
other qualified representative under this subsection shall extend to
any person subject to a proceeding, examination, holding, or detention
described in section 292 of the Immigration and Nationality Act (8
U.S.C. 1362).''.
(c) Savings Provision.--Nothing in this section, or in any
amendment made by this section, may be construed to limit any
preexisting right to counsel under section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as in effect on the day before the
date of the enactment of this Act, or under any other law.
SEC. 10902. TREATMENT OF INDIVIDUALS HELD OR DETAINED AT PORTS OF ENTRY
OR AT ANY CBP OR ICE DETENTION FACILITY.
(a) In General.--The holding or detention of individuals at a port
of entry or at any holding or detention facility overseen by U.S.
Customs and Border Protection or U.S. Immigration and Customs
Enforcement--
(1) shall be limited to the briefest term and the least
restrictive conditions practicable and consistent with the
rationale for such holding or detention; and
(2) shall include access to food, water, and restroom
facilities.
(b) Savings Provision.--Nothing in this section may be construed to
limit agencies from complying with other legal authorities, policies,
or standards with respect to treatment of individuals held or detained
at ports of entry or at any holding or detention facility overseen by
U.S. Customs and Border Protection or U.S. Immigration and Customs
Enforcement.
Subtitle J--Equal Justice Under Law
SEC. 11001. SHORT TITLE.
This subtitle may be cited as the ``Equal Justice Under Law Act of
2020''.
SEC. 11002. EFFECTIVE ASSISTANCE OF COUNSEL.
(a) In General.--An indigent individual facing criminal prosecution
or juvenile delinquency in a State court shall be entitled to the
effective assistance of counsel, as guaranteed by the Sixth and
Fourteenth Amendments to the Constitution of the United States, at the
expense of the State.
(b) Delegation.--If a State delegates fiscal or administrative
authority over the indigent defense function to a political subdivision
of the State, the State shall secure effective assistance of counsel
for the individual.
(c) Ineffective Assistance.--For purposes of this section, the
assistance of counsel is ineffective if the performance of counsel was
not reasonable under prevailing professional norms.
SEC. 11003. REMEDY.
(a) Class Action Authorized.--If a State official or one or more of
a political subdivision of the State fails on a systemic basis to
guarantee the right to the assistance of effective counsel as
guaranteed by the Sixth and Fourteenth Amendments to the Constitution
of the United States, an individual aggrieved by a violation of section
11002 may commence a civil class action in an appropriate district
court of the United States to seek declaratory, injunctive, or other
equitable relief.
(b) Abstention Doctrine.--A court entertaining a petition for
relief filed under this subtitle need not apply the abstention doctrine
established in Younger v. Harris (401 U.S. 37).
(c) Attorney's Fees.--In any action or proceeding under this
section, the court, in its discretion, may allow the prevailing party,
other than a named official of a State or political subdivision of a
State, a reasonable attorney's fee as part of the costs. In awarding an
attorney's fee under this subsection, the court, in its discretion, may
include expert fees as part of the attorney's fee.
(d) Savings Provision.--Nothing in this section shall restrict any
right that any individual has under any other statute or under common
law to seek redress for a violation of the right to counsel.
SEC. 11004. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended by inserting ``, in consultation
with public defenders,'' before ``may''.
Subtitle K--Clarence Gideon Full Access to Justice
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ``Clarence Gideon Full Access to
Justice Act'' or the ``Gideon Act''.
SEC. 11102. DEFENDER OFFICE FOR SUPREME COURT ADVOCACY.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3006A the following:
``Sec. 3006B. Defender Office for Supreme Court Advocacy
``(a) Definitions.--In this section--
``(1) the term `Board' means the Board of Directors
established under subsection (d) for the Office;
``(2) the term `consult' includes, with respect to covered
cases--
``(A) giving advice;
``(B) drafting or editing briefs;
``(C) providing assistance with moot courts; and
``(D) organizing or coordinating the drafting,
editing, and filing of amicus curiae briefs;
``(3) the term `covered case' means a noncapital case
involving an issue of Federal criminal statutory or
constitutional law;
``(4) the term `Director' means the Director of the Office
selected in accordance with subsection (e); and
``(5) the term `Office' means the Defender Office for
Supreme Court Advocacy established under subsection (b).
``(b) Establishment; Purposes.--There is established in the
District of Columbia a private nonmembership nonprofit corporation,
which shall be known as the Defender Office for Supreme Court Advocacy,
for the purpose of--
``(1) advocating on behalf of individuals in covered cases
before--
``(A) the Supreme Court of the United States; and
``(B) when resources permit, the highest court of a
State; and
``(2) providing assistance to attorneys advocating on
behalf of individuals in covered cases described in paragraph
(1).
``(c) Principal Office.--The Office shall maintain its principal
office in the District of Columbia.
``(d) Board of Directors.--
``(1) In general.--The Office shall have a Board of
Directors consisting of 18 voting members--
``(A) 6 of whom shall be Federal Public Defenders
or Executive Directors of Community Defender
Organizations described in section 3006A, elected by
the Federal Public Defenders and the Executive
Directors of Community Defender Organizations in each
district;
``(B) 6 of whom shall be attorneys from a panel
described in section 3006A(b), elected by the panel
attorney district representatives; and
``(C) 6 of whom shall be State or local public
defenders from geographically diverse States, who shall
be elected by the individuals elected under
subparagraphs (A) and (B) not later than 6 months after
the date of the first meeting of the Board.
``(2) Staggered terms.--
``(A) In general.--A member of the Board shall
serve a term of 4 years, except that the first members
elected to the Board under subparagraph (A) or (B) of
paragraph (1) shall be divided into Class A and Class
B.
``(B) Classes.--Class A and Class B shall each
consist of--
``(i) 3 members elected under paragraph
(1)(A); and
``(ii) 3 members elected under paragraph
(1)(B).
``(C) Terms.--
``(i) Initial terms.--For the initial
members of the Board--
``(I) members of Class A shall
serve a term of 2 years;
``(II) members of Class B shall
serve a term of 4 years; and
``(III) members elected under
paragraph (1)(C) shall serve a term of
4 years.
``(ii) Subsequent terms.--All subsequent
terms shall be for a term of 4 years.
``(D) Membership of each class.--The membership of
each class shall be determined by the members of the
Board at the first meeting of the Board of Directors.
``(E) Vacancies.--Interim elections may be held to
fill any vacancies.
``(3) Bylaws.--The Board shall establish bylaws to govern
the operations of the Office.
``(e) Director.--
``(1) In general.--The Board of Directors shall appoint a
Director for the Office.
``(2) Requirement.--The Director appointed under paragraph
(1) shall not be a member of the Board of Directors.
``(f) General Requirements for Director.--The Director shall be
learned and experienced in the law applicable to Federal criminal
appellate practice.
``(g) Functions of the Office.--
``(1) Grants of petitions for writs of certiorari in the
supreme court of the united states.--
``(A) In general.--On the granting of a petition
for a writ of certiorari by the Supreme Court of the
United States in a covered case, the Office shall--
``(i) consult with any counsel in a covered
case in which the defendant was previously
represented by counsel appointed under section
3006A; and
``(ii) when resources permit, be available
to consult with counsel in any other covered
case.
``(B) Arguing case.--In any covered case, an
attorney described in clause (i) or (ii) of
subparagraph (A) may--
``(i) advocate on behalf of an individual
before the Supreme Court of the United States;
or
``(ii) permit the Office to advocate on
behalf of an individual before the Supreme
Court of the United States.
``(2) Filing of amicus curiae briefs.--The Office may file
an amicus curiae brief--
``(A) in any covered case in the Supreme Court of
the United States; and
``(B) when resources permit, in a covered case in
the highest courts of States.
``(3) Call for the views of the office; leave to
participate in oral argument.--In any covered case--
``(A) upon request by the Supreme Court of the
United States--
``(i) the Office may provide the views of
the Office on the covered case; and
``(ii) an employee of the Office may
participate in oral argument as amicus curiae;
and
``(B) upon request by the highest court of a State,
and when resources permit--
``(i) the Office may provide the views of
the Office on the covered case; and
``(ii) an employee of the Office may
participate in oral argument as amicus curiae.
``(4) Monitoring court decisions and filing petitions for
certiorari.--The Office may--
``(A) monitor issues in covered cases--
``(i) on which the courts of appeals of the
United States are divided; or
``(ii) that involve significant Federal
criminal statutory or constitutional issues;
and
``(B) draft, edit, and file a petition for
certiorari in the Supreme Court of the United States on
behalf of an individual seeking review by the Supreme
Court of the United States of a covered case.
``(5) Training.--The Office may provide training to carry
out the purpose and functions of the Office.
``(6) Other functions.--In addition to the functions
described in paragraphs (1) through (5), the Director may
allocate any funds made available to the Office for any other
function that the Director determines is necessary to carry out
the purposes of the Office, including, when resources permit,
advocacy in a covered case before the highest court of a State.
``(h) Employees.--The Director, subject to general policies
established by the Office, has the authority to appoint and remove such
employees of the Office as the Director determines necessary to carry
out the purposes of the Office.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 201 of title 18, United States Code, is amended by inserting
after the item relating to section 3006A the following:
``3006B. Defender Office for Supreme Court Advocacy.''.
Subtitle L--Funding Attorneys for Indigent Removal Proceedings
SEC. 11201. SHORT TITLE.
This subtitle may be cited as the ``Funding Attorneys for Indigent
Removal (FAIR) Proceedings Act''.
SEC. 11202. IMPROVING IMMIGRATION COURT EFFICIENCY AND REDUCING COSTS
BY INCREASING ACCESS TO LEGAL INFORMATION.
(a) Appointment of Counsel in Certain Cases; Right To Review
Certain Documents in Removal Proceedings.--Section 240(b) of the
Immigration and Nationality Act (8 U.S.C. 1229a(b)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``, at no expense to the
Government,''; and
(ii) by striking the comma at the end and
inserting a semicolon;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) the Attorney General may appoint or provide
counsel, at Government expense, to aliens in
immigration proceedings;
``(C) the alien shall, at the beginning of the
proceedings or as expeditiously as possible,
automatically receive a complete copy of all relevant
documents in the possession of the Department of
Homeland Security, including all documents (other than
documents protected from disclosure by privilege,
including national security information referred to in
subparagraph (D), law enforcement sensitive
information, and information prohibited from disclosure
pursuant to any other provision of law) contained in
the file maintained by the Government that includes
information with respect to all transactions involving
the alien during the immigration process (commonly
referred to as an `A-file'), and all documents
pertaining to the alien that the Department of Homeland
Security has obtained or received from other government
agencies, unless the alien waives the right to receive
such documents by executing a knowing and voluntary
written waiver in a language that he or she understands
fluently;''; and
(D) in subparagraph (D), as redesignated, by
striking ``, and'' and inserting ``; and''; and
(2) by adding at the end the following:
``(8) Failure to provide alien required documents.--In the
absence of a waiver under paragraph (4)(C), a removal
proceeding may not proceed until the alien--
``(A) has received the documents as required under
such paragraph; and
``(B) has been provided meaningful time to review
and assess such documents.''.
(b) Clarification Regarding the Authority of the Attorney General
To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292
of the Immigration and Nationality Act (8 U.S.C. 1362) is amended--
(1) by striking ``In any'' and inserting the following:
``(a) In General.--In any proceeding conducted under section 235,
236, 238, 240, 241, or any other section of this Act, including'';
(2) in subsection (a), as redesignated--
(A) by striking ``(at no expense to the
Government)''; and
(B) by striking ``he shall'' and inserting ``the
person shall''; and
(3) by adding at the end the following:
``(b) Access to Counsel.--The Attorney General may appoint or
provide counsel to aliens in any proceeding conducted under section
235, 236, 238, 240, or 241 or any other section of this Act. The
Secretary of Homeland Security shall ensure that aliens have access to
counsel inside all immigration detention and border facilities.''.
(c) Appointment of Counsel for Children and Vulnerable Aliens.--
(1) In general.--Section 292 of the Immigration and
Nationality Act (8 U.S.C. 1362), as amended by subsection (b),
is further amended by adding at the end the following:
``(c) Children and Vulnerable Aliens.--Notwithstanding subsection
(b), the Attorney General shall appoint or provide counsel, at the
expense of the Government if necessary, at the beginning of the
proceedings or as expeditiously as possible, to represent in such
proceedings any alien who has been determined by the Secretary of
Homeland Security or the Attorney General to be--
``(1) a child (as defined in section 101(b)(1) of this
Act);
``(2) a particularly vulnerable individual, such as--
``(A) a person with a disability; or
``(B) a victim of abuse, torture, or violence;
``(3) an individual whose income is at or below 200 percent
of the poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved; or
``(4) an individual whose circumstances are such that the
appointment of counsel is necessary to help ensure fair
resolution and efficient adjudication of the proceedings.
``(d) Extension to Consolidated Cases.--If the Attorney General has
consolidated the case of any alien for whom counsel was appointed under
subsection (c) with that of any other alien, and that other alien does
not have counsel, then the counsel appointed under subsection (c) shall
be appointed to represent such other alien.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Executive Office of Immigration Review of the
Department of Justice, in addition to amounts available in the
Immigration Counsel Account under section 295, such sums as may be
necessary to carry out this section.''.
(2) Rulemaking.--The Attorney General shall promulgate
regulations to implement section 292(c) of the Immigration and
Nationality Act, as added by paragraph (1), in accordance with
the requirements set forth in section 3006A of title 18, United
States Code.
SEC. 11203. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT DETENTION
FACILITIES.
(a) Access to Counsel.--The Secretary of Homeland Security shall
facilitate access to counsel for all aliens detained in facilities
under the supervision of U.S. Immigration and Customs Enforcement or of
U.S. Customs and Border Protection, including providing information to
aliens in detention about legal services programs at detention
facilities.
(b) Access to Legal Orientation Programs.--The Secretary of
Homeland Security, in consultation with the Attorney General, shall
establish procedures to ensure that legal orientation programs are
available for all detained aliens, including aliens held in U.S.
Customs and Border Protection facilities, to inform such aliens of the
basic procedures of immigration hearings, their rights relating to
those hearings under Federal immigration laws, information that may
deter such aliens from filing frivolous legal claims, and any other
information that the Attorney General considers appropriate, such as a
contact list of potential legal resources and providers. Access to
legal orientation programs shall not be limited by the alien's current
immigration status, prior immigration history, or potential for
immigration relief.
SEC. 11204. REPORT ON ACCESS TO COUNSEL.
(a) Report.--Not later than December 31 of each year, the Secretary
of Homeland Security, in consultation with the Attorney General, shall
prepare and submit a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives regarding the extent to which aliens described in
section 292(c) of the Immigration and Nationality Act, as added by
section 11202(c)(1), have been provided access to counsel.
(b) Contents.--Each report submitted under paragraph (a) shall
include, for the immediately preceding 1-year period--
(1) the number and percentage of aliens described in
paragraphs (1), (2), (3), and (4), respectively, of section
292(c) of the Immigration and Nationality Act, as added by
section 11202(c)(1), who were represented by counsel, including
information specifying--
(A) the stage of the legal process at which the
alien was represented; and
(B) whether the alien was in government custody;
and
(2) the number and percentage of aliens who received legal
orientation presentations.
SEC. 11205. MOTIONS TO REOPEN.
Section 240(c)(7)(C) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)(C)) is amended by adding at the end the following:
``(v) Special rule for aliens entitled to
appointment of counsel.--If the Attorney
General fails to appoint counsel for an alien
in violation of section 292(c)--
``(I) no limitation under this
paragraph pertaining to the filing of
any motion under this paragraph by such
alien shall apply; and
``(II) the filing of such a motion
shall stay the removal of the alien.''.
SEC. 11206. SUPPLEMENTARY SURCHARGE.
(a) In General.--Chapter 9 of the Immigration and Nationality Act
is amended by adding at the end the following:
``SEC. 295. SUPPLEMENTARY SURCHARGE.
``(a) In General.--There is established in the general fund of the
Treasury a separate account which shall be known as the `Immigration
Counsel Account'. Notwithstanding any other section of this title,
there shall be deposited as offsetting receipts into the Immigration
Counsel Account all fees collected under subsection (c) of this
section, to remain available until expended for purposes of providing
access to counsel when required or authorized under this Act and
facilitating access to counsel under the Funding Attorneys for Indigent
Removal (FAIR) Proceedings Act.
``(b) Report.--At the end of each 2-year period, beginning with the
creation of this account, the Secretary of Homeland Security, following
a public rulemaking with opportunity for notice and comment, shall
submit a report to the Congress concerning the status of the account,
including any balances therein, and recommend any adjustment in the
prescribed fee that may be required to ensure that the receipts
collected from the fee charged for the succeeding two years equal, as
closely as possible, the cost of providing access to counsel when
required or authorized under this Act and facilitating access counsel
under the Funding Attorneys for Indigent Removal (FAIR) Proceedings
Act.
``(c) Receipts.--In any case in which a fee is charged pursuant to
this Act or any of the other immigration laws, an additional surcharge
of $10 shall also be imposed and collected.''.
(b) Table of Contents.--The table of contents for such Act is
amended by inserting after the item relating to section 294 the
following:
``Sec. 295. Supplementary surcharge.''.
Subtitle M--Tax Relief for Guard and Reserve Training
SEC. 11301. SHORT TITLE.
This subtitle may be cited as the ``Tax Relief for Guard and
Reserve Training Act''.
SEC. 11302. REDUCTION OF MILEAGE THRESHOLD FOR DEDUCTION IN DETERMINING
ADJUSTED GROSS INCOME.
(a) In General.--Subparagraph (E) of section 62(a)(2) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``100 miles'' and inserting ``50 miles'',
and
(2) by striking ``for any period'' and inserting ``for any
period (without regard to whether such period includes an
overnight stay)''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 11303. EXEMPTION FROM 2 PERCENT FLOOR ON MISCELLANEOUS ITEMIZED
DEDUCTIONS.
(a) In General.--Subsection (b) of section 67 of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``and'' at the end of paragraph (11),
(2) by striking the period at the end of paragraph (12) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(13) the deductions allowed by section 162 which consist
of expenses paid or incurred by the taxpayer in connection with
the performance of services by such taxpayer as a member of a
reserve component of the Armed Forces of the United States for
any period (without regard to whether such period includes an
overnight stay) during which such individual is more than 50
miles away from home in connection with such services.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
Subtitle N--Maintaining Dignity and Eliminating Unnecessary Restrictive
Confinement of Youths
SEC. 11401. SHORT TITLE.
This subtitle may be cited as the ``Maintaining dignity and
Eliminating unnecessary Restrictive Confinement of Youths Act of 2020''
or the ``MERCY Act''.
SEC. 11402. JUVENILE SOLITARY CONFINEMENT.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5043. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
``(A) a juvenile who--
``(i) is being proceeded against under this
chapter for an alleged act of juvenile
delinquency; or
``(ii) has been adjudicated delinquent
under this chapter; or
``(B) a juvenile who is being proceeded against as
an adult in a district court of the United States for
an alleged criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of
delinquency under this chapter; or
``(B) detained prior to disposition or conviction;
and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a
juvenile facility for discipline, punishment, retaliation, or
any reason other than as a temporary response to a covered
juvenile's behavior that poses a serious and immediate risk of
physical harm to any individual, including the covered
juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before a staff member of
a juvenile facility places a covered juvenile
in room confinement, the staff member shall
attempt to use less restrictive techniques,
including--
``(I) talking with the covered
juvenile in an attempt to de-escalate
the situation; and
``(II) permitting a qualified
mental health professional, or a staff
member who has received training in de-
escalation techniques and trauma-
informed care, to talk to the covered
juvenile.
``(ii) Explanation.--If, after attempting
to use less restrictive techniques as required
under clause (i), a staff member of a juvenile
facility decides to place a covered juvenile in
room confinement, the staff member shall
first--
``(I) explain to the covered
juvenile the reasons for the room
confinement; and
``(II) inform the covered juvenile
that release from room confinement will
occur--
``(aa) immediately when the
covered juvenile regains self-
control, as described in
subparagraph (B)(i); or
``(bb) not later than after
the expiration of the time
period described in subclause
(I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered
juvenile is placed in room confinement because the
covered juvenile poses a serious and immediate risk of
physical harm to himself or herself, or to others, the
covered juvenile shall be released--
``(i) immediately when the covered juvenile
has sufficiently gained control so as to no
longer engage in behavior that threatens
serious and immediate risk of physical harm to
himself or herself, or to others; or
``(ii) if a covered juvenile does not
sufficiently gain control as described in
clause (i), not later than--
``(I) 3 hours after being placed in
room confinement, in the case of a
covered juvenile who poses a serious
and immediate risk of physical harm to
others; or
``(II) 30 minutes after being
placed in room confinement, in the case
of a covered juvenile who poses a
serious and immediate risk of physical
harm only to himself or herself.
``(C) Risk of harm after maximum period of
confinement.--If, after the applicable maximum period
of confinement under subclause (I) or (II) of
subparagraph (B)(ii) has expired, a covered juvenile
continues to pose a serious and immediate risk of
physical harm described in that subclause--
``(i) the covered juvenile shall be
transferred immediately to another juvenile
facility or internal location where services
can be provided to the covered juvenile without
relying on room confinement; or
``(ii) if a qualified mental health
professional believes the level of crisis
service needed is not currently available, a
staff member of the juvenile facility shall
immediately transport the juvenile to--
``(I) an emergency medical
facility; or
``(II) an equivalent location that
can meet the needs of the covered
juvenile.
``(D) Action before expiration of time limit.--
Nothing in subparagraph (C) shall be construed to
prohibit an action described in clause (i) or (ii) of
that subparagraph from being taken before the
applicable maximum period of confinement under
subclause (I) or (II) of subparagraph (B)(ii) has
expired.
``(E) Conditions.--A room used for room confinement
for a juvenile shall--
``(i) have not less than 80 square feet of
floor space;
``(ii) have adequate lighting, heating or
cooling (as applicable), and ventilation for
the comfort of the juvenile;
``(iii) be suicide-resistant and
protrusion-free; and
``(iv) have access to clean potable water,
toilet facilities, and hygiene supplies.
``(F) Notice.--
``(i) Use of room confinement.--Not later
than 1 business day after the date on which a
juvenile facility places a covered juvenile in
room confinement, the juvenile facility shall
provide notice to the attorney of record for
the juvenile.
``(ii) Transfer.--Not later than 24 hours
after a covered juvenile is transferred from a
juvenile facility to another location, the
juvenile facility shall provide notice to--
``(I) the attorney of record for
the juvenile; and
``(II) an authorized parent or
guardian of the juvenile.
``(G) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.
``(c) Study and Report.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the Attorney
General shall submit to Congress a report that--
``(1) contains a detailed description of the type of
physical force, restraints, and room confinement used at
juvenile facilities;
``(2) describes the number of instances in which physical
force, restraints, or room confinement are used at juvenile
facilities, disaggregated by race, ethnicity, and gender; and
``(3) contains a detailed description of steps taken, in
each instance in which room confinement is used at a juvenile
facility, to address and remedy the underlying issue that led
to behavioral intervention resulting in the use of room
confinement, including any positive or negative outcomes.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 403 of title 18, United States Code, is amended by adding at
the end the following:
``5043. Juvenile solitary confinement.''.
Subtitle O--Dignity for Incarcerated Women
SEC. 11501. SHORT TITLE.
This subtitle may be cited as the ``Dignity for Incarcerated Women
Act of 2020'' or the ``Dignity Act''.
SEC. 11502. IMPROVING THE TREATMENT OF PRIMARY CARETAKER PARENTS AND
OTHER INDIVIDUALS IN FEDERAL PRISONS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `covered institution' means a Federal penal
or correctional institution;
``(3) the term `Director' means the Director of the Bureau
of Prisons;
``(4) the term `post-partum recovery' has the meaning given
the term `postpartum recovery' in section 4322;
``(5) the term `primary caretaker parent' has the meaning
given the term in section 31903 of the Family Unity
Demonstration Project Act (34 U.S.C. 12242);
``(6) the term `prisoner' means an individual who is
incarcerated in a covered institution, including a vulnerable
person; and
``(7) the term `vulnerable person' means an individual
who--
``(A) is under 21 years of age or over 60 years of
age;
``(B) is pregnant;
``(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
``(D) is victim of or witness to a crime;
``(E) has filed a nonfrivolous civil rights claim
in Federal or State court;
``(F) has a serious mental or physical illness or
disability; or
``(G) during the period of incarceration, has been
determined to have experienced or to be experiencing
severe trauma or to be the victim of gender-based
violence--
``(i) by any court or administrative
judicial proceeding;
``(ii) by any corrections official;
``(iii) by the individual's attorney or
legal service provider; or
``(iv) by the individual.
``(b) Visitation Rules.--The Director shall promulgate regulations
for visitation between prisoners who are primary caretaker parents and
their family members under which--
``(1) a prisoner may receive visits not fewer than 6 days
per week, which shall include Saturday and Sunday;
``(2) a Federal penal or correctional institution shall be
open for visitation for not fewer than 8 hours per day;
``(3) a prisoner may have up to 5 adult visitors and an
unlimited number of child visitors per visit; and
``(4) a prisoner may have physical contact with visitors
unless the prisoner presents an immediate physical danger to
the visitors.
``(c) Prohibition on Placement of Pregnant Prisoners or Prisoners
in Post-Partum Recovery in Segregated Housing Units.--
``(1) Placement in segregated housing units.--A covered
institution may not place a prisoner who is pregnant or in
post-partum recovery in a segregated housing unit unless the
prisoner presents an immediate risk of harm to the prisoner or
others.
``(2) Restrictions.--Any placement of a prisoner described
in subparagraph (A) in a segregated housing unit shall be
limited and temporary.
``(d) Parenting Classes.--The Director shall provide parenting
classes to each prisoner who is a primary caretaker parent.
``(e) Trauma Screening.--The Director shall provide training to
each correctional officer and each employee of the Bureau of Prisons
who regularly interacts with prisoners, including each instructor and
health care professional, to enable those correctional officers and
employees to--
``(1) identify a prisoner who has a mental or physical
health need relating to trauma the prisoner has experienced;
and
``(2) refer a prisoner described in paragraph (1) to the
proper healthcare professional for treatment.
``(f) Ombudsman.--The Attorney General shall designate an ombudsman
to oversee and monitor, with respect to Federal penal and correctional
institutions--
``(1) prisoner transportation;
``(2) use of segregated housing;
``(3) strip searches of prisoners; and
``(4) civil rights violations.
``(g) Telecommunications.--
``(1) In general.--The Director--
``(A) may not charge a fee for a telephone call
made by a prisoner; and
``(B) shall make videoconferencing available to
prisoners in each Federal penal or correctional
institution free of charge.
``(2) Rule of construction.--Nothing in paragraph (1)(B)
shall be construed to authorize the Director to use
videoconferencing as a substitute for in-person visits.
``(h) Inmate Health.--
``(1) Health care access.--The Director shall ensure that
all prisoners receive adequate health care.
``(2) Healthcare products.--
``(A) Availability.--The Director shall make the
healthcare products described in subparagraph (C)
available to prisoners for free, in a quantity that is
appropriate to the healthcare needs of each prisoner.
``(B) Quality of products.--The Director shall
ensure that the healthcare products provided under this
paragraph conform with applicable industry standards.
``(C) Products.--The healthcare products described
in this subparagraph are--
``(i) tampons;
``(ii) sanitary napkins;
``(iii) moisturizing soap, which may not be
lye-based;
``(iv) shampoo;
``(v) body lotion;
``(vi) Vaseline;
``(vii) toothpaste;
``(viii) toothbrushes;
``(ix) aspirin;
``(x) ibuprofen; and
``(xi) any other healthcare product that
the Director determines appropriate.
``(3) Gynecologist access.--The Director shall ensure that
all prisoners have access to a gynecologist as appropriate.
``(i) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall make rules under
which--
``(A) a correctional officer may not conduct a
strip search of a prisoner of the opposite sex unless--
``(i) the prisoner presents a risk of
immediate harm to the prisoner or others, and
no other correctional officer of the same sex
as the prisoner, or medical staff, is available
to assist; or
``(ii) the prisoner has previously
requested that an officer of a different sex
conduct searches;
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i) a prisoner in the restroom presents a
risk of immediate harm to the prisoner or
others; or
``(ii) there is a medical emergency in the
restroom and no other correctional officer of
the appropriate sex is available to assist;
``(C) a transgender prisoner's sex shall be
determined according to the sex with which the prisoner
identifies; and
``(D) a correctional officer may not search or
physically examine a prisoner for the sole purpose of
determining the prisoner's genital status or sex.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).''.
(b) Substance Abuse Treatment.--Section 3621(e) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Director of the Bureau of Prisons may not prohibit
an eligible prisoner who is a primary caretaker parent (as
defined in section 4051) or pregnant from participating in a
program of residential substance abuse treatment provided under
paragraph (1) on the basis of a failure by the eligible
prisoner, before being committed to the custody of the Bureau
of Prisons, to disclose to any official of the Bureau of
Prisons that the eligible prisoner had a substance abuse
problem on or before the date on which the eligible prisoner
was committed to the custody of the Bureau of Prisons.''.
(c) Implementation Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Bureau of Prisons shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report on
the implementation of this section and the amendments made by this
section.
(d) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
303 of title 18, United States Code, is amended by adding at
the end the following:
``4051. Treatment of primary caretaker parents and other
individuals.''.
(2) Healthcare products.--Section 611 of the First Step Act
of 2018 (Public Law 115-391; 132 Stat. 5194) is repealed.
SEC. 11503. OVERNIGHT VISIT PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Bureau
of Prisons;
(2) the term ``primary caretaker parent'' has the meaning
given the term in section 31903 of the Family United
Demonstration Project Act (34 U.S.C. 12242); and
(3) the term ``prisoner'' means an individual who is
incarcerated in a Federal penal or correctional institution.
(b) Pilot Program.--The Director shall carry out a pilot program
under which prisoners who are primary caretaker parents and meet
eligibility criteria established by the Director may receive overnight
visits from family members.
(c) Eligibility Criteria.--In establishing eligibility criteria for
the pilot program under subsection (b), the Director shall--
(1) require that a prisoner have displayed good behavior;
and
(2) prohibit participation by any prisoner who has been
convicted of a crime of violence (as defined in section 16 of
title 18, United States Code).
Subtitle P--Beyond the Box for Higher Education
SEC. 11601. SHORT TITLE.
This subtitle may be cited as the ``Beyond the Box for Higher
Education Act of 2020''.
SEC. 11602. FINDINGS.
Congress finds the following:
(1) An estimated 70,000,000 Americans have some type of
arrest or conviction record that would appear in a criminal
background check.
(2) Each year, more than 600,000 people return to society
from State or Federal prison.
(3) Nearly 11,000,000 Americans are admitted to city and
county jails each year, with an average daily population of
more than 700,000 people.
(4) An estimated 2,100,000 youth under the age of 18 are
arrested every year in the United States.
(5) 1,700,000 juvenile delinquency cases are disposed of in
juvenile courts annually.
(6) Juvenile records are not always confidential; many
States disclose information about youth involvement with the
juvenile justice system or do not have procedures to seal or
expunge juvenile records.
(7) The compounding effects of collateral consequences due
to criminal justice involvement hinder the ability of
individuals to reenter society successfully.
(8) People of color and low-income people are
disproportionately impacted by the collateral consequences of
criminal justice involvement.
(9) Incarceration leads to decreased earnings,
unemployment, and poverty.
(10) Upon reentry, lower educational attainment, a lack of
work skills or history, and the stigma of a criminal record can
hinder a formerly incarcerated person's ability to return to
their communities successfully.
(11) One way to improve reentry outcomes is to increase
educational opportunities for people with a criminal or
juvenile justice history.
(12) By reducing rearrests and reconvictions, and by
increasing educational attainment, formerly incarcerated
individuals are better situated to find stable employment,
contributing to their communities.
SEC. 11603. BEYOND THE BOX FOR HIGHER EDUCATION.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. BEYOND THE BOX FOR HIGHER EDUCATION.
``(a) Training and Technical Assistance.--
``(1) In general.--The Secretary, acting through the Office
of Policy, Planning, and Innovation of the Office of
Postsecondary Education of the Department and with consultation
from the Department of Justice and relevant community
stakeholders, shall issue guidance and recommendations for
institutions of higher education to remove criminal and
juvenile justice questions from their application for
admissions process.
``(2) Guidance and recommendations.--The guidance and
recommendations issued under paragraph (1) shall include the
following:
``(A) If an institution of higher education
collects criminal or juvenile justice information on
applicants for admission, it is recommended that the
institution determine whether this information is
necessary to make an informed admission decision and
whether it would be appropriate to remove these
questions from the application.
``(B) If an institution of higher education
determines that it is appropriate to remove criminal or
juvenile justice questions from the institution's
application for admissions process, it is recommended
that the institution comply with the following:
``(i) If criminal or juvenile justice
questions are necessary for the other aspects
of the institution's interactions with
applicants, identify those specific
interactions in which it is appropriate to ask
such questions.
``(ii) In nonadmissions interactions,
inquire about criminal or juvenile justice
history transparently and clearly inform
applicants as early as possible how to respond
to the inquiry.
``(iii) In nonadmissions inquiries about
criminal or juvenile justice history, ensure
the questions are specific and narrowly
focused, and make it clear that answering the
questions may not negatively impact applicants'
chances of enrollment.
``(iv) In nonadmissions inquiries about
criminal or juvenile justice history, give
applicants the opportunity to explain criminal
or juvenile justice involvement and
preparedness for postsecondary study.
``(v) Provide staff of the institution who
have access to a prospective or current
student's criminal or juvenile justice history,
the necessary and proper training on the
effective use of criminal or juvenile justice
history data, including the problems associated
with this information, the types of supporting
documents that may need to be obtained, and the
appropriate privacy protections that must be
put in place.
``(C) If an institution of higher education
determines that it is necessary to inquire about the
criminal or juvenile justice history of applicants for
admission, it is recommended that the institution
comply with the following:
``(i) Delay the request for, or
consideration of, such information until after
an admission decision has been made to avoid a
chilling effect on applicants whose criminal or
juvenile justice involvement may ultimately be
determined irrelevant by the institution.
``(ii) Provide notice and justification for
applicants within 30 days if, upon receiving
information regarding applicants' criminal or
juvenile justice involvement, the admission to
the institution is denied or rescinded based
solely on the applicant's criminal or juvenile
justice involvement.
``(iii) Inquire about criminal or juvenile
justice history transparently and clearly
inform applicants as early as possible in the
application process how to respond to the
inquiry.
``(iv) Ensure the questions are specific
and narrowly focused.
``(v) Give applicants the opportunity to
explain criminal or juvenile justice
involvement and preparedness for postsecondary
study.
``(vi) Provide admissions personnel,
registrars, and any other relevant staff of the
institution, as well as any other staff that
should have access to a prospective or current
student's criminal or juvenile justice history,
the necessary and proper training on the
effective use of criminal or juvenile justice
history data, including the biases or
limitations associated with this information,
the types of supporting documents that may need
to be obtained, and the appropriate privacy
protections that must be put in place.
``(3) Training and technical assistance.--
``(A) In general.--The Secretary, acting through
the Office of Postsecondary Education of the
Department, shall use funds available to the Department
to provide institutions of higher education with
training and technical assistance on developing
policies and procedures aligned with the
recommendations described in paragraph (2).
``(B) Training.--The training described in
subparagraph (A) shall include--
``(i) training for admissions and financial
aid personnel and enrollment management staff
of an institution of higher education to
understand and evaluate an applicant if--
``(I) the institution makes a
determination under paragraph (2)(A) to
continue asking criminal or juvenile
justice history questions in the
admissions process; or
``(II) the institution makes a
determination under paragraph (2)(A) to
remove criminal or juvenile justice
history questions in the admissions
process, but continues to make criminal
or juvenile justice history inquiries
in nonadmissions settings;
``(ii) training to ensure that if an
institution does not ask criminal or juvenile
justice history questions, that proxy questions
or factors are not used in lieu of criminal or
juvenile justice history information;
``(iii) training for financial aid
personnel and any other staff of an institution
of higher education involved with campus
employment to provide guidance related to work
study programs or on campus employment
available to formerly incarcerated or juvenile
adjudicated individuals;
``(iv) training for registrars, academic
counselors, student housing staff, student life
staff, and any other staff of an institution of
higher education who would have access to a
student's criminal or juvenile justice
information when the student is an enrolled
student; and
``(v) training for career counselors to
ensure that students with involvement in the
criminal or juvenile justice system are
provided with targeted career guidance, made
aware of potential barriers to employment or
licensure, and provided assistance to respond
to these barriers.
``(b) Resource Center.--The Secretary shall develop a resource
center that will serve as the repository for--
``(1) best practices as institutions of higher education
develop and implement practices aligned with the
recommendations described in subsection (a)(2) to ensure the
successful educational outcomes of students with criminal or
juvenile justice histories; and
``(2) supplemental research on criminal and juvenile
justice-involved individuals and postsecondary education.''.
SEC. 11604. FINANCIAL AID.
Section 483(a) of the Higher Education Act of 1965 (20 U.S.C.
1090(a)) is amended by adding at the end the following:
``(13) Restriction on question of conviction for possession
or sale of illegal drugs.--Notwithstanding any other provision
of law, the Secretary shall not include on any form developed
under this section, a question about the conviction of an
applicant for the possession or sale of illegal drugs.''.
Subtitle Q--Community Reentry
SEC. 11701. SHORT TITLE.
This subtitle may be cited as the ``Community Reentry Act of
2020''.
SEC. 11702. FINDINGS.
Congress finds as follows:
(1) Researchers find that visitation from family and
community members help mitigate recidivism rates among
incarcerated individuals. Removing geographical barriers for
inmates hoping to stay in touch with their families or members
of their community may help lower recidivism rates. These
continued relationships alleviate the risk of challenges such
as unemployment, homelessness, and debt upon release.
(2) In a study of inmates jailed close to home, the Vera
Institute of Justice found that most participants rely on
family support to stay off of drugs and maintain requirements
of parole as well as care for children.
(3) According to the Vera study, more than 80 percent of
jailed respondents rely on family for support and more than 70
percent rely on friends. Even while incarcerated, inmates
continue to rely heavily on their family and community outside
of prison for basic needs and survival.
(4) Family members report that distance is the greatest
barrier to visiting incarcerated relatives while costs, such as
transportation, follows. By removing geographical and cost
barriers, family members of the incarcerated may have an
opportunity to maintain a relationship with their incarcerated
loved one.
(5) Incarcerated persons should be afforded opportunities
to change and heal. Strengthening relationships between inmates
and the family and community members they have left behind will
help decrease recidivism rates and heal fragmented familial and
community relationships.
SEC. 11703. PRERELEASE CUSTODY.
Section 3624(c)(1) of title 18, United States Code, is amended by
adding at the end the following: ``Subject to the availability of
appropriations and of bed space availability, the Director shall place
a prisoner in a residential reentry center that is within 50 miles of
the prisoner's previous or anticipated permanent legal address, except
when the prisoner waives his right to be placed in such a center for
reasons such as--
``(A) safety of the prisoner or his family;
``(B) physical or mental health; or
``(C) any other reason deemed to be acceptable by
the Director.''.
Subtitle R--Community Reentry Act of 2020
SEC. 11801. SHORT TITLE.
This subtitle may be cited as the ``Community Reentry Act of
2020''.
SEC. 11802. FINDINGS.
Congress finds as follows:
(1) Researchers find that visitation from family and
community members help mitigate recidivism rates among
incarcerated individuals. Removing geographical barriers for
inmates hoping to stay in touch with their families or members
of their community may help lower recidivism rates. These
continued relationships alleviate the risk of challenges such
as unemployment, homelessness, and debt upon release.
(2) In a study of inmates jailed close to home, the Vera
Institute of Justice found that most participants rely on
family support to stay off of drugs and maintain requirements
of parole as well as care for children.
(3) According to the Vera study, more than 80 percent of
jailed respondents rely on family for support and more than 70
percent rely on friends. Even while incarcerated, inmates
continue to rely heavily on their family and community outside
of prison for basic needs and survival.
(4) Family members report that distance is the greatest
barrier to visiting incarcerated relatives while costs, such as
transportation, follows. By removing geographical and cost
barriers, family members of the incarcerated may have an
opportunity to maintain a relationship with their incarcerated
loved one.
(5) Incarcerated persons should be afforded opportunities
to change and heal. Strengthening relationships between inmates
and the family and community members they have left behind will
help decrease recidivism rates and heal fragmented familial and
community relationships.
SEC. 11803. PRERELEASE CUSTODY.
Section 3624(c)(1) of title 18, United States Code, is amended by
adding at the end the following: ``Subject to the availability of
appropriations and of bed space availability, the Director shall place
a prisoner in a residential reentry center that is within 50 miles of
the prisoner's previous or anticipated permanent legal address, except
when the prisoner waives his right to be placed in such a center for
reasons such as--
``(A) safety of the prisoner or his family;
``(B) physical or mental health; or
``(C) any other reason deemed to be acceptable by
the Director.''.
Subtitle S--Dignity for Detained Immigrants
SEC. 11901. SHORT TITLE.
This subtitle may be cited as the ``Dignity for Detained Immigrants
Act of 2020''.
SEC. 11902. STANDARDS FOR DHS DETENTION FACILITIES.
Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security shall, by rulemaking, establish
detention standards for each facility at which aliens in the custody of
the Department of Homeland Security are detained. Such standards shall
provide, at a minimum, the level of protections for detainees described
in the American Bar Association's Civil Immigration Detention Standards
(adopted in August 2012, and as amended in August 2014). On a biennial
basis, the Secretary shall review and update such standards, as
appropriate.
SEC. 11903. OVERSIGHT AND TRANSPARENCY FOR DHS DETENTION FACILITIES.
(a) Periodic Inspections.--
(1) In general.--On a periodic basis, and not less than
annually, the Inspector General of the Department of Homeland
Security shall conduct an unannounced inspection of each
facility at which aliens in the custody of the Department of
Homeland Security are detained in order to ensure that each
such facility is in compliance with the standards under section
11902. Not later than 60 days after conducting an inspection
under this subsection, the Inspector General shall make a
report of such inspection publicly available on the website of
the Department of Homeland Security, and submit such report to
the Secretary of Homeland Security.
(2) Failure to comply with standards.--
(A) Initial failure.--In the case that the
Inspector General determines that a facility has failed
to comply with the standards under section 11902 for
the first time during any 2-year period, and that such
noncompliance constitutes a deficiency that threatens
the health, safety, or the due process rights of
detainees, the Inspector General shall notify the
Secretary of Homeland Security of such finding, and the
Secretary shall--
(i) in the case of a facility that is not
owned by the Department of Homeland Security,
impose a meaningful fine of not less than 10
percent of the value of the contract with the
facility; and
(ii) in the case of a facility that is
owned by the Department of Homeland Security--
(I) issue a written warning to the
facility not later than 30 days after
receiving such notification from the
Inspector General, which shall include
remedial measures to be carried out not
later than 60 days after the issuance
of the warning; and
(II) not later than 60 days after
the issuance of the warning described
in subclause (I), certify to the
Inspector General that the remedial
measures have been carried out.
(B) Subsequent failures.--In the case that the
Inspector General determines that a facility has failed
to comply with the standards under section 11902 in two
investigations under paragraph (1) during any 2-year
period, and that such noncompliance constitutes a
deficiency that threatens the health, safety, or the
constitutional rights of detainees, the Inspector
General shall notify the Secretary of Homeland Security
of such finding, and the Secretary shall--
(i) in the case of a facility that is not
owned by the Department of Homeland Security,
not later than 30 days after receiving such
notification, transfer each detainee to a
facility that does so comply, and terminate the
contract with the owner of the facility; and
(ii) in the case of a facility that is
owned by the Department of Homeland Security,
not later than 60 days after receiving such
notification, transfer each detainee to a
facility that does so comply, and suspend the
use of such facility until such time as the
Inspector General certifies to the Secretary
that the facility is in compliance with such
standards, and makes publicly available on the
website of the Department of Homeland Security
information relating to the remedial measures
taken.
(b) Notification of Death in Custody.--Not later than 24 hours
after the death of an alien in the custody of the Department of
Homeland Security, the Secretary of Homeland Security shall notify the
Committees on the Judiciary of the House of Representatives and of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate of the death of such alien.
(c) Investigations on Death in Custody.--Not later than 30 days
after the death of an alien in the custody of the Department of
Homeland Security, the Secretary of Homeland Security shall conduct an
investigation into that death, which shall include a root cause
analysis that identifies any changes to policies, practices, training
curricula, staffing, or potential system-wide errors that could reduce
the probability of such an event in the future. Not later than 60 days
after such a death, the Secretary shall make a report describing the
results of such investigation publicly available on the website of the
Department of Homeland Security. The root cause analysis described in
the previous sentence must include appropriately qualified personnel,
which, at a minimum, will consist of a medical professional qualified
in any field germane to the death, and shall be performed in accordance
with professional medical standards for investigating sentinel events
in medical care facilities, including the Sentinel Event Policy
promulgated by The Joint Commission.
(d) Definition.--The term ``death of an alien in the custody of the
Department of Homeland Security'' means any death of an alien occurring
while the alien is under the supervision of the Department of Homeland
Security, regardless of the location of the death, if the death may
have resulted from a health problem, which began, existed during, or
was exacerbated during the detention of the alien.
(e) Report to Congress.--On an annual basis, the Secretary of
Homeland Security shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate a report on the
inspections and oversight of facilities at which aliens in the custody
of the Department of Homeland Security are detained. Such report shall
include information relating to, for the preceding year--
(1) each detention facility which the Inspector General
found was not in compliance with the standards under section
11902 pursuant to an investigation conducted under subsection
(a)(1);
(2) any remedial actions taken, or that the Secretary plans
to take, in order to comply with such standards; and
(3) whether the remedial actions described in paragraph (2)
were successful in bringing the facility into compliance with
such standards.
(f) Classification of Documents for Purposes of FOIA.--The reports
under subsections (a) and (b), and any contract between the Department
of Homeland Security and a private or public entity which provides for
the use of a facility not owned by the Department of Homeland Security
to detain aliens in the custody of the Department of Homeland Security,
are considered records for purposes of section 552 of title 5, United
States Code, and do not qualify for the exception under subsection
(b)(4) of such section.
(g) Facilities Matrix.--On the first day of each month, the
Secretary of Homeland Security shall ensure that there is publicly
available on the website of the Department of Homeland Security the
following information relating to each facility at which aliens in the
custody of the Department of Homeland Security may be detained:
(1) The name and location of each facility.
(2) Whether the facility houses adults, children, or both.
(3) As of the first day of the month, the number of beds
available in each facility, disaggregated by gender.
(4) Whether the facility is used to detain aliens for
longer than 72 hours, or for longer than 7 days.
(5) The average number of aliens detained in the facility
for the current year, and for the preceding month,
disaggregated by gender and classification as a child or as an
adult.
(6) Whether the facility is in compliance with the
standards under section 11902.
(7) In the case of a facility that is not owned by the
Department of Homeland Security, the nature of the contract
providing for the detention of aliens at that facility.
(8) The average, median, 25th quartile, and 50th quartile
number of days that an alien has been detained at the facility
during the preceding month.
(h) Online Detainee Locator System.--The Secretary of Homeland
Security shall ensure that the online detainee locator system
maintained by the Department of Homeland Security, or any successor
system, is updated not later than 12 hours after an alien is taken into
custody or released from custody by the Department of Homeland
Security, transferred to, or detained in, a detention facility, or
removed from the United States.
(i) Information Collected and Maintained for Aliens in DHS
Custody.--The Secretary of Homeland Security shall collect and
maintain, for each alien in the custody of the Department of Homeland
Security, the following information:
(1) The gender and age of the alien.
(2) The date on which the alien was detained.
(3) The country of origin of the alien.
(4) Whether the alien is considered a vulnerable person (as
such term is defined in section 236(g) of the Immigration and
Nationality Act (8 U.S.C. 1226(g)) or a primary caregiver.
(5) The provision of law under with the Secretary is
authorized to detain the alien.
(6) The location where the alien is detained.
(7) Any transfer of the alien to another detention
facility, and the reason for such transfer.
(8) The status and basis of any removal proceedings.
(9) The initial custody determination made by Immigration
and Customs Enforcement, and any review of that determination.
(10) If applicable, the date of the alien's release or
removal, and the reason for such release or removal.
(11) Whether the alien is subject to a final order of
removal.
(12) Whether the alien was apprehended as part of a family
unit.
(13) Whether the alien was separated from a family unit.
SEC. 11904. CAUSE OF ACTION.
(a) In General.--An individual who is detained in a facility that
is required to comply with the standards described in section 11902,
and who is injured as a result of a violation of such standards, may
file a claim in the appropriate district court of the United States.
(b) Recovery.--In a civil action under this section, the court may
order injunctive relief and compensatory damages, and may award the
prevailing party reasonable attorney fees, and costs.
SEC. 11905. DHS DETENTION FACILITY CONSTRUCTION AND MAINTENANCE.
(a) Restriction on Construction of DHS Facilities.--Not later than
180 days before initiating, or entering into a contract for, the
construction of a new facility or to expand an existing facility for
the detention of aliens in the custody of the Department of Homeland
Security, the Secretary of Homeland Security shall submit to the
Committees on the Judiciary of the House of Representatives and of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs of the Senate a notification of the plan to
construct or expand such facility, including the location, size, and
capacity of such facility, the anticipated timeline and cost of
constructing or expanding such facility, and the intended population to
be detained at such facility, including the gender and ages of such
population. The Secretary will make this information publicly available
on the website of the Department of Homeland Security.
(b) Phase-Out of Private Detention Facilities and Use of Jails.--
(1) Secure detention facilities.--Beginning on the date of
the enactment of this Act, the Secretary of Homeland Security
may not enter into or extend any contract or agreement with any
public or private entity which owns or operates a detention
facility for use of that facility to detain aliens in the
custody of the Department of Homeland Security, and shall
terminate any such contract not later than the date that is 3
years after the date of the enactment of this Act. Beginning on
the date that is 3 years after the date of the enactment of
this Act, any facility at which aliens in the custody of the
Department of Homeland Security are detained shall be owned and
operated by the Department of Homeland Security.
(2) Non-secure detention programs.--Beginning on the date
of the enactment of this Act, the Secretary of Homeland
Security may not enter into or extend any contract with any
public or private for-profit entity which owns or operates a
program or facility that provides for non-residential
detention-related activities for aliens who are subject to
monitoring by the Department of Homeland Security, and shall
terminate any such contract not later than the date that is 3
years after the date of the enactment of this Act. Beginning on
the date that is 3 years after the date of the enactment of
this Act, any such program or facility shall be owned and
operated by a nonprofit organization or by the Department of
Homeland Security.
(3) Publication of plan.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall develop,
and make publicly available, a plan and timeline for the
implementation of this subsection.
SEC. 11906. APPEARANCE OF DETAINED ALIENS FOR OTHER LEGAL MATTERS.
The Secretary of Homeland Security shall make rules to ensure that
any alien who is detained in the custody of the Department of Homeland
Security, who is required to appear in Federal or State court
(including family court) for another matter, is transported by an
officer or employee of the Department of Homeland Security to such
court proceeding.
SEC. 11907. PROCEDURES FOR DETAINING ALIENS.
(a) Probable Cause and Custody Determination Hearings.--Section 236
of the Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Arrest, Detention, and Release.--On a warrant issued by an
immigration judge, or pursuant to section 287(a)(2), the Secretary of
Homeland Security may arrest an alien, and in accordance with this
section, detain the alien or release the alien on bond, subject to
conditions, or recognizance, pending a decision on whether the alien is
to be removed from the United States.'';
(2) by striking subsections (b), (c), (d), and (e);
(3) by adding at the end the following:
``(b) Bond Determination.--In the case that an immigration judge
makes a determination to release an alien on bond under this section,
the immigration judge shall consider, for purposes of setting the
amount of the bond, the alien's financial position and ability to pay
the bond without imposing financial hardship on the alien, and set bond
at no amount greater than necessary to ensure the alien's appearance
for removal proceedings.
``(c) Custody Determination.--
``(1) Initial determination.--Not later than 48 hours after
taking an alien into custody under the authority provided by
this section or section 235 of this Act, or those subject to a
reinstated order of removal pursuant to section 241(a)(5) who
have been found to have a credible or reasonable fear of
return, the Secretary of Homeland Security shall make an
initial custody determination with regard to that alien, and
provide that determination in writing to the alien. If the
Secretary determines that the release of an alien will not
reasonably ensure the appearance of the alien as required or
will endanger the safety of any other person or the community,
the custody determination under this paragraph will impose the
least restrictive conditions, as described in paragraph (4).
``(2) Timing.--If an alien seeks to challenge the initial
custody determination under paragraph (1), the alien shall be
provided with the opportunity for a hearing before an
immigration judge to determine whether the alien should be
detained, which hearing shall occur not later than 72 hours
after the initial custody determination.
``(3) Presumption of release.--In a hearing under this
subsection, there shall be a presumption that the alien should
be released. The Secretary of Homeland Security shall have the
duty of rebutting this presumption, which may only be shown
based on clear and convincing evidence, including credible and
individualized information, that the use of alternatives to
detention will not reasonably ensure the appearance of the
alien at removal proceedings, or that the alien is a threat to
another person or the community. The fact that an alien has a
criminal charge pending against the alien may not be the sole
factor to justify the continued detention of the alien.
``(4) Least restrictive conditions required.--If an
immigration judge determines pursuant to a hearing under this
section that the release of an alien will not reasonably ensure
the appearance of the alien as required or will endanger the
safety of any other person or the community, the immigration
judge shall order the least restrictive conditions, or
combination of conditions, that the judge determines will
reasonably ensure the appearance of the alien as required and
the safety of any other person and the community, which may
include release on recognizance, secured or unsecured release
on bond, or participation in a program described in subsection
(f). Any conditions assigned to an alien pursuant to this
paragraph shall be reviewed by the immigration judge on a
monthly basis.
``(5) Special rule for vulnerable persons and primary
caregivers.--In the case that the alien who is the subject of a
custody determination under this subsection is a vulnerable
person or a primary caregiver, the alien may not be detained
unless the Secretary of Homeland Security demonstrates, in
addition to the requirements under paragraph (3), that it is
unreasonable or not practicable to place the individual in a
community-based supervision program.
``(6) Definitions.--In this subsection:
``(A) Material witness.--The term `material
witness' means an individual who presents a declaration
to an attorney investigating, prosecuting, or defending
the workplace claim or from the presiding officer
overseeing the workplace claim attesting that, to the
best of the declarant's knowledge and belief,
reasonable cause exists to believe that the testimony
of the individual will be relevant to the outcome of
the workplace claim.
``(B) Primary caregiver.--The term `primary
caregiver' means a person who is established to be a
caregiver, parent, or close relative caring for or
traveling with a child.
``(C) Vulnerable person.--The term `vulnerable
person' means an individual who--
``(i) is under 21 years of age or over 60
years of age;
``(ii) is pregnant;
``(iii) identifies as lesbian, gay,
bisexual, transgender, or intersex;
``(iv) is a victim or witness of a crime;
``(v) has filed a nonfrivolous civil rights
claim in Federal or State court;
``(vi) has filed, or is a material witness
to, a bonafide workplace claim;
``(vii) has a serious mental or physical
illness or disability;
``(viii) has been determined by an asylum
officer in an interview conducted under section
235(b)(1)(B) to have a credible fear of
persecution or torture;
``(ix) has limited English language
proficiency and is not provided access to
appropriate and meaningful language services in
a timely fashion; or
``(x) has been determined by an immigration
judge or the Secretary of Homeland Security to
be experiencing severe trauma or to be a
survivor of torture or gender-based violence,
based on information obtained during intake,
from the alien's attorney or legal service
provider, or through credible self-reporting.
``(D) Workplace claim.--The term `workplace claim'
means any written or oral claim, charge, complaint, or
grievance filed with, communicated to, or submitted to
the employer, a Federal, State, or local agency or
court, or an employee representative related to the
violation of applicable Federal, State, and local labor
laws, including laws concerning wages and hours, labor
relations, family and medical leave, occupational
health and safety, civil rights, or nondiscrimination.
``(7) Subsequent determinations.--An alien who is detained
under this section shall be provided with a de novo custody
determination hearing under this subsection every 60 days, as
well as upon showing of a change in circumstances or good cause
for such a hearing.
``(d) Release Upon an Order Granting Relief From Removal.--In the
case of an alien with respect to whom an immigration judge has entered
an order providing for relief from removal, including an order granting
asylum, or providing for withholding, deferral, or cancellation of
removal, which order is pending appeal, the Secretary of Homeland
Security shall immediately release the alien upon entry of the order,
and may impose only reasonable conditions on the alien's release from
custody.
``(e) Prohibition on Detention of Children.--Notwithstanding any
other provision of this Act, the Secretary of Homeland Security is
prohibited from detaining anyone under the age of 18 in a facility
operated or contracted by U.S. Immigration and Customs Enforcement.
``(f) Alternatives to Detention.--
``(1) In general.--The Secretary of Homeland Security shall
establish programs that provide alternatives to detaining
aliens, which shall offer a continuum of supervision mechanisms
and options, including community-based supervision programs and
community support. The Secretary may contract with
nongovernmental community-based organizations to provide
programs, which may include case management services,
appearance assistance services, and screenings of aliens who
have been detained.
``(2) Individualized determination required.--In
determining whether to order an alien to participate in a
program under this subsection, the Secretary, or the
immigration judge, as appropriate shall make an individualized
determination to determine the appropriate level of supervision
for the alien. Participation in a program under this subsection
may not be ordered for an alien for whom it is determined that
release on reasonable bond or recognizance will reasonably
ensure the appearance of the alien as required and the safety
of any other person and the community.
``(3) Prohibition on fees for monitoring devices.--In a
case in which an alien is required to wear an ankle monitor or
other homing device as an alternative to detention, the alien
may not be charged any fee associated with such monitor or
device that exceeds the cost of maintaining and operating such
monitor or device.''; and
(4) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
(b) Probable Cause Hearing.--Section 287(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1357(a)(2)) is amended by striking ``but
the alien arrested shall be taken without unnecessary delay for
examination before an officer of the Service having authority to
examine aliens as to their right to enter or remain in the United
States'' and inserting ``but the alien arrested shall be provided with
a hearing before an immigration judge not later than 48 hours after
being taken into custody to determine whether there is probable cause
to believe that the alien does not have the right to enter or remain in
the United States, which burden to establish probable cause shall be on
the Secretary of Homeland Security''.
(c) Mandatory Detention Repealed.--
(1) In general.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(A) in section 235(b)--
(i) in paragraph (1)(B)--
(I) in clause (ii), by striking
``detained'' and inserting
``referred''; and
(II) in clause (iii), by striking
subclause (IV); and
(ii) in paragraph (2)(A), by striking
``detained'' and inserting ``referred'';
(B) by striking section 236A;
(C) in section 238(a)(2), by striking ``pursuant to
section 236(c),''; and
(D) in section 506(a)(2)--
(i) by amending the heading to read as
follows: ``Release hearing for aliens
detained''; and
(ii) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``lawfully admitted
for permanent residence'';
(II) by striking clause (i); and
(III) by redesignating clauses (ii)
and (iii) as clauses (i) and (ii),
respectively.
(2) Conforming amendments.--Section 241(c)(3)(A)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1231(c)(3)(A)(ii)) is
amended--
(A) in subclause (I), by striking the comma at the
end and inserting ``; or'';
(B) in subclause (II), by striking ``, or'' and
inserting a period; and
(C) by striking subclause (III).
(d) Aliens Ordered Removed.--
(1) In general.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(A) in paragraph (1), by striking ``90 days'' each
place it appears and inserting ``60 days'';
(B) by amending paragraph (2) to read as follows:
``(2) Initial custody redetermination hearing.--
``(A) In general.--Not later than 72 hours after
the entry of a final administrative order of removal,
the alien ordered removed shall be provided with a
custody redetermination hearing before an immigration
judge.
``(B) Presumption of detention.--For purposes of
the hearing under subparagraph (A), the alien shall be
detained during the removal period unless the alien can
show by clear and convincing evidence that the alien's
removal is not reasonably foreseeable or that the alien
does not pose a risk to the safety of any individual or
to the community.'';
(C) in paragraph (3)--
(i) in the heading, by striking ``90-day''
and inserting ``60-day''; and
(ii) in the matter preceding subparagraph
(A), by striking ``the alien, pending removal,
shall be subject to supervision under'' and
inserting the following: ``except as provided
in paragraph (6), any alien who has been
detained during the removal period shall be
released from custody, pending removal, subject
to individualized supervision requirements in
accordance with'';
(D) by amending paragraph (6) to read as follows:
``(6) Subsequent custody redetermination hearings.--
``(A) In general.--The Secretary of Homeland
Security may request a subsequent redetermination
hearing before an immigration judge seeking continued
detention for an alien ordered to be detained pursuant
to paragraph (2) who has not been removed within the
removal period.
``(B) Standard.--An alien may only be detained
after the removal period upon a showing by the
Secretary of Homeland Security that--
``(i) the alien's removal is reasonably
foreseeable; or
``(ii) the alien poses a risk to the safety
of an individual or the community, which may
only be established based on credible and
individualized information and may not be
established based only the fact that the alien
has been charged with or is suspected of a
crime.
``(C) Period of detention.--An alien may not be
detained pursuant to an order under this paragraph for
longer than a 60-day period. The Secretary of Homeland
Security may seek subsequent redetermination hearings
under this paragraph in order to continue detaining an
alien beyond each such 60-day period.''; and
(E) by striking paragraph (7).
(2) Technical and conforming amendments.--The Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 238 (8 U.S.C. 1228)--
(i) in subsection (a)(1), in the first
sentence--
(I) by striking ``section
241(a)(2)(A)(iii)'' and inserting
``section 237(a)(2)(A)(iii)'';
(II) by striking ``section
241(a)(2)(A)(ii)'' and inserting
``section 237(a)(2)(A)(ii)''; and
(III) by striking ``section
241(a)(2)(A)(i)'' and inserting
``237(a)(2)(A)(i)''; and
(ii) in the second subsection (c)--
(I) in paragraph (2)(B), by
striking ``section 241(a)(2)(A)'' and
inserting ``section 237(a)(2)(A)''; and
(II) in paragraph (4), by striking
``section 241(a)'' and inserting
``section 237(a)'';
(B) in section 276(b)(4) (8 U.S.C. 1326(b)(4)), by
striking ``section 241(a)(4)(B)'' and inserting
``section 237(a)(4)(B)''; and
(C) in section 501(1) (8 U.S.C. 1531(1)), by
striking ``section 241(a)(4)(B)'' and inserting
``section 237(a)(4)(B)''.
SEC. 11908. SENSE OF CONGRESS.
It is the sense of Congress that detention, even for a short period
of time, inflicts severe, irreparable harm on children and should be
avoided.
Subtitle T--Solitary Confinement Study and Reform
SEC. 12001. SHORT TITLE.
This subtitle may be cited as the ``Solitary Confinement Study and
Reform Act of 2020''.
SEC. 12002. PURPOSES.
The purposes of this subtitle are to--
(1) develop and implement national standards for the use of
solitary confinement to ensure that it is used infrequently and
only under extreme circumstances;
(2) establish a more humane and constitutionally sound
practice of segregated detention or solitary confinement in
correctional facilities;
(3) accelerate the development of best practices and make
reforming solitary confinement a top priority in each
correctional facility at the Federal and State levels;
(4) increase the available data and information on the
incidence of solitary confinement, consequently improving the
management and administration of correctional facilities;
(5) standardize the definitions used for collecting data on
the incidence of solitary confinement;
(6) increase the accountability of correctional facility
officials who fail to design and implement humane and
constitutionally sound solitary confinement practices;
(7) protect the Eighth Amendment rights of inmates at
correctional facilities; and
(8) reduce the costs that solitary confinement imposes on
interstate commerce.
SEC. 12003. NATIONAL SOLITARY CONFINEMENT STUDY AND REFORM COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Solitary Confinement Study and Reform Commission.
(b) Members.--
(1) In general.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the
House of Representatives, unless the Speaker is of the
same party as the President, in which case 1 shall be
appointed by the Speaker of the House of
Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any
appointment made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of
the Senate, unless the majority leader is of the same
party as the President, in which case 1 shall be
appointed by the majority leader of the Senate and 1
shall be appointed by the minority leader of the
Senate; and
(E) 1 shall be appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D)).
(2) Persons eligible.--Each member of the Commission shall
be an individual who has knowledge or expertise in matters to
be studied by the Commission.
(3) Consultation required.--The President, the Speaker, and
the minority leader of the House of Representatives, and the
majority leader and minority leader of the Senate shall consult
with one another prior to the appointment of the members of the
Commission to achieve, to the maximum extent possible, fair and
equitable representation of various points of view with respect
to the matters to be studied by the Commission.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Time for initial appointments.--The appointment of the
members shall be made not later than 180 days after the date of
enactment of this Act.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made, and
shall be made not later than 60 days after the date on which
the vacancy occurred.
(c) Operation.--
(1) Chairperson.--Not later than 15 days after appointments
of all the members are made, the President shall appoint a
chairperson for the Commission from among its members.
(2) Meetings.--The Commission shall meet at the call of the
chairperson. The initial meeting of the Commission shall take
place not later than 30 days after the initial appointment of
the members is completed.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, but the
Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.
(4) Rules.--The Commission may establish by majority vote
any other rules for the conduct of Commission business, if such
rules are not inconsistent with this subtitle or other
applicable law.
(d) Comprehensive Study of the Impacts of Solitary Confinement.--
(1) In general.--The Commission shall carry out a
comprehensive legal and factual study of the penological,
physical, mental, medical, social, fiscal, and economic impacts
of solitary confinement in the United States on--
(A) Federal, State, and local governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within
such communities and social institutions.
(2) Matters included.--The study under paragraph (1) shall
include--
(A) a review of existing Federal, State, and local
government policies and practices with respect to the
extent and duration of the use of solitary confinement;
(B) an assessment of the relationship between
solitary confinement and correctional facility
conditions, and existing monitoring, regulatory, and
enforcement practices;
(C) an assessment of the characteristics of
prisoners and juvenile detainees most likely to be
referred to solitary confinement and the effectiveness
of various types of treatment or programs to reduce
such likelihood;
(D) an assessment of the impacts of solitary
confinement on individuals, families, social
institutions, and the economy generally;
(E) an identification of additional scientific and
social science research needed on the prevalence of
solitary confinement in correctional facilities as well
as a full assessment of existing literature;
(F) an assessment of the general relationship
between solitary confinement and mental illness;
(G) an assessment of the relationship between
solitary confinement and levels of training,
supervision, and discipline of the staff of
correctional facilities; and
(H) an assessment of existing Federal and State
systems for collecting and reporting the number and
duration of solitary confinement incidents in
correctional facilities nationwide.
(3) Report.--
(A) Distribution.--Not later than two years after
the date of the initial meeting of the Commission, the
Commission shall submit a report on the study carried
out under this subsection to--
(i) the President;
(ii) the Congress;
(iii) the Attorney General of the United
States;
(iv) the Secretary of Health and Human
Services;
(v) the Director of the Federal Bureau of
Prisons;
(vi) the Administrator of the Office of
Juvenile Justice and Delinquency Prevention;
(vii) the chief executive of each State;
and
(viii) the head of the department of
corrections of each State.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) the findings and conclusions of the
Commission;
(ii) the recommended national standards for
reducing the use of solitary confinement
described in subsection (e); and
(iii) a summary of the materials relied on
by the Commission in the preparation of the
report.
(e) Recommendations.--
(1) In general.--As part of the report submitted under
subsection (d)(3), the Commission shall provide the Attorney
General and the Secretary of Health and Human Services with
recommended national standards for significantly reducing the
use of solitary confinement in correctional facilities.
(2) Matters included.--The information provided under
paragraph (1) shall include recommended national standards
relating to--
(A) how authorities can progress toward
significantly limiting the utilization of solitary
confinement so that a prisoner may be placed in
solitary confinement only under extreme emergency
circumstances, as a last resort, for as short a time as
possible, subject to independent review, and pursuant
to the authorization of a competent authority;
(B) methods that can be employed to ensure that the
duration of solitary confinement of a prisoner at an
institution can be limited to no more than 15
consecutive days in a 60-day period, except that if the
head of a correctional facility makes an individualized
determination that the prisoner cannot be safely
returned to the general population, the head of the
correctional facility may continue to segregate the
prisoner from the general population without the use of
solitary confinement and in accordance with the United
Nations Standard Minimum Rules on the Treatment of
Prisoners;
(C) ensuring that prior to being classified,
assigned, or subject to long-term segregation, a
prisoner shall be entitled to a meaningful hearing on
the reason for and duration of the confinement and have
access to legal counsel for such hearings;
(D) ensuring that indefinite sentencing of a
prisoner to long-term segregation will not be allowed
and that the prisoner will be afforded a meaningful
review of the segregation at least once every 30 days
that the prisoner remains in segregation and that
correctional facility officials must record and provide
a transcript of the review proceedings for the prisoner
under review to the prisoner or the prisoner's
designee;
(E) ensuring that correctional facility officials
design and implement programming that allows prisoners
subject to long-term segregation to earn placement in
less restrictive housing through positive behavior;
(F) ensuring that protective custody and other
custody designations designed to protect vulnerable
prisoners, regardless of the reason for vulnerability,
are not characterized by solitary confinement or other
type of isolation conditions, and that prisoners placed
in protective custody have access to programs,
privileges, education, and work opportunities
commensurate with general population prisoners to the
extent possible;
(G) ensuring that correctional facility officials
improve access to mental health treatment for prisoners
in solitary confinement;
(H) ensuring that correctional facility officials
work toward systems wherein prisoners diagnosed by a
qualified mental health professional with a serious
mental illness are not held in long-term solitary
confinement;
(I) ensuring that correctional facility officials
do all that is feasible to make certain that prisoners
are not held in solitary confinement for any duration;
(J) ensuring that correctional facility officials
develop alternative methods to manage issues with
prisoners other than solitary confinement;
(K) ensuring that correctional facility officers do
all that is feasible to make certain that prisoners
with mental health, physical, or cognitive disabilities
are not held in solitary confinement for any duration;
(L) ensuring that correctional facility officers do
all that is feasible to make certain that pregnant and
post-partum women are not held in solitary confinement
for any duration;
(M) ensuring that correctional facility officers
work towards systems that limit the circumstances and
conditions under which juveniles are placed in solitary
confinement, in compliance with section 5043 of title
18, United States Code; and
(N) such other matters as may reasonably be related
to the goal of reducing solitary confinement in
correctional facilities.
(3) Limitation.--The Commission shall not propose a
recommended standard that would impose substantial additional
costs compared to the costs presently expended by correctional
facilities, and shall seek to propose standards that reduce the
costs of incarceration at such facilities.
(f) Consultation With Accreditation Organizations.--In developing
recommended national standards for the reduction of solitary
confinement under subsection (e), the Commission shall consider any
standards that have already been developed, or are being developed
simultaneously to the deliberations of the Commission. The Commission
shall consult with accreditation organizations responsible for the
accreditation of correctional facilities that have developed or are
developing standards related to solitary confinement. The Commission
shall also consult with national associations representing the
corrections profession, the legal profession, the medical profession,
or any other pertinent professional body that has developed or is
developing standards related to solitary confinement.
(g) Hearings.--
(1) In general.--The Commission shall hold public hearings.
The Commission may hold such hearings, sit and act at such
times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its
duties under this section.
(2) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
The per diem and mileage allowances for witnesses shall be paid
from funds appropriated to the Commission.
(h) Information From Federal or State Agencies.--The Commission may
secure directly from any Federal department or agency such information
as the Commission considers necessary to carry out its duties under
this section. The Commission may request the head of any State or local
department or agency to furnish such information to the Commission.
(i) Personnel Matters.--
(1) Travel expenses.--The members of the Commission shall
be allowed 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, while away from their homes or regular places of business
in the performance of service for the Commission.
(2) Detail of federal employees.--With the affirmative vote
of \2/3\ of the Commission, any Federal Government employee,
with the approval of the head of the appropriate Federal
agency, may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status, benefits, or privileges.
(3) Procurement of temporary and intermittent services.--
Upon the request of the Commission, the Attorney General shall
provide reasonable and appropriate office space, supplies, and
administrative assistance.
(j) Contracts for Research.--
(1) National institute of justice.--With a \2/3\
affirmative vote, the Commission may select nongovernmental
researchers and experts to assist the Commission in carrying
out its duties under this subtitle. The National Institute of
Justice shall contract with the researchers and experts
selected by the Commission to provide funding in exchange for
their services.
(2) Other organizations.--Nothing in this subsection shall
be construed to limit the ability of the Commission to enter
into contracts with other entities or organizations for
research necessary to carry out the duties of the Commission
under this section.
(k) Termination.--The Commission shall terminate on the date that
is 60 days after the date on which the Commission submits the reports
required by this section.
(l) Exemption.--The Commission shall be exempt from the Federal
Advisory Committee Act.
SEC. 12004. ADOPTION AND EFFECT OF NATIONAL STANDARDS.
(a) Publication of Standards.--
(1) Final rule.--Not later than two years after receiving
the report specified in section 12003(d)(3), the Attorney
General shall publish a final rule adopting national standards
for the reduction of solitary confinement in correctional
facilities.
(2) Independent judgment.--The standards referred to in
paragraph (1) shall be based upon the independent judgment of
the Attorney General, after giving consideration to the
recommended national standards provided by the Commission under
section 12003(e), and being informed by such data, opinions,
and proposals that the Attorney General determines to be
appropriate to consider.
(3) Limitation.--The Attorney General shall not establish a
national standard under this section that would impose
substantial additional costs compared to the costs presently
expended by Federal and State correctional systems. The
Attorney General may, however, provide a list of improvements
for consideration by correctional facilities.
(4) Transmission to states.--Not later than 90 days after
publishing the final rule under paragraph (1), the Attorney
General shall transmit the national standards adopted under
that paragraph to the chief executive of each State, the head
of the department of corrections of each State, the head of the
department of juvenile justice of each State, and to the
appropriate authorities in those units of local government who
oversee operations in one or more correctional facilities.
(b) Applicability to Federal Bureau of Prisons.--The national
standards referred to in subsection (a) shall apply to the Federal
Bureau of Prisons immediately upon adoption of the final rule under
subsection (a)(1).
(c) Edward Byrne Memorial Justice Assistance Grant Program Funding
Reduction.--Beginning in the second fiscal year that begins after the
date on which the Attorney General issues the final rule under
subsection (a)(1), in the case of a State or unit of local government
that is not in compliance with the national standards described in
subsection (a)(1), the Attorney General shall reduce by 5 percent the
amount that such State or unit of local government would otherwise
receive under subpart 1 of part E of the Omnibus Crime and Safe Streets
Act of 1968 (34 U.S.C. 10151 et seq.).
SEC. 12005. DEFINITIONS.
For purposes of this subtitle, the following definitions shall
apply:
(1) Attorney general.--The term ``Attorney General'' means
the Attorney General of the United States.
(2) Commission.--The term ``Commission'' means the National
Solitary Confinement Study and Reform Commission established
under section 12003 of this subtitle.
(3) Long-term.--The term ``long-term'' means any period
lasting more than 15 consecutive days in a 60-day period.
(4) Qualified mental health professional.--The term
``qualified mental health professional'' means a psychiatrist,
psychologist, psychiatric social worker, licensed professional
counselor, psychiatric nurse, or another individual who, by
virtue of education, credentials, and experience, is permitted
by law to evaluate and provide mental health care.
(5) Serious mental illness.--The term ``serious mental
illness'' means a substantial disorder that--
(A) significantly impairs judgment, behavior, or
capacity to recognize reality or cope with the ordinary
demands of life; and
(B) is manifested by substantial pain or
disability, the status of being actively suicidal, a
severe cognitive disorder that results in significant
functional impairment, or a severe personality disorder
that results in significant functional impairment.
(6) Solitary confinement.--The term ``solitary
confinement'' means confinement of a prisoner or juvenile
detainee in a cell or other place, alone or with other persons,
for approximately 22 hours or more per day with severely
restricted activity, movement, and social interaction, which is
separate from the general population of that correctional
facility.
(7) Segregation.--The term ``segregation'' means housing of
a prisoner separate from the general population of a
correctional facility in which movement, activity, and social
interaction may be restricted.
(8) Correctional facility.--The term ``correctional
facility'' means a Federal, State, local, or privately run
prison, jail, or juvenile detention facility.
Subtitle U--Fair Chance to Compete for Jobs
SEC. 12101. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete for Jobs
Act of 2020'' or the ``Fair Chance Act''.
SEC. 12102. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record
information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such
term is defined in section 105 and includes--
``(A) the United States Postal Service and the
Postal Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in
the executive branch of the Government of the United States
that has authority to make appointments to positions in the
civil service;
``(3) the term `conditional offer' means an offer of
employment in a position in the civil service that is
conditioned upon the results of a criminal history inquiry;
``(4) the term `criminal history record information'--
``(A) except as provided in subparagraphs (B) and
(C), has the meaning given the term in section 9101(a);
``(B) includes any information described in the
first sentence of section 9101(a)(2) that has been
sealed or expunged pursuant to law; and
``(C) includes information collected by a criminal
justice agency, relating to an act or alleged act of
juvenile delinquency, that is analogous to criminal
history record information (including such information
that has been sealed or expunged pursuant to law); and
``(5) the term `suspension' has the meaning given the term
in section 7501.
``Sec. 9202. Limitations on requests for criminal history record
information
``(a) Inquiries Prior to Conditional Offer.--Except as provided in
subsections (b) and (c), an employee of an agency may not request, in
oral or written form (including through the Declaration for Federal
Employment (Office of Personnel Management Optional Form 306) or any
similar successor form, the USAJOBS internet website, or any other
electronic means) that an applicant for an appointment to a position in
the civil service disclose criminal history record information
regarding the applicant before the appointing authority extends a
conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under subsection
(a) shall not apply with respect to an applicant for a position in the
civil service if consideration of criminal history record information
prior to a conditional offer with respect to the position is otherwise
required by law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply with respect to an applicant for an appointment
to a position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as
defined in section 115(c) of title 18); or
``(C) identified by the Director of the Office of
Personnel Management in the regulations issued under
paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of
Personnel Management shall issue regulations
identifying additional positions with respect to which
the prohibition under subsection (a) shall not apply,
giving due consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The
regulations issued under subparagraph (A) shall--
``(i) be consistent with, and in no way
supersede, restrict, or limit the application
of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) or other relevant
Federal civil rights laws; and
``(ii) ensure that all hiring activities
conducted pursuant to the regulations are
conducted in a manner consistent with relevant
Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an
applicant for an appointment to a position in the civil service
may submit a complaint, or any other information, relating to
compliance by an employee of an agency with section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of Personnel
Management determines, after notice and an opportunity for a hearing on
the record, that an employee of an agency has violated section 9202,
the Director shall--
``(1) issue to the employee a written warning that includes
a description of the violation and the additional penalties
that may apply for subsequent violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office of
Personnel Management determines, after notice and an opportunity for a
hearing on the record, that an employee that was subject to subsection
(a) has committed a subsequent violation of section 9202, the Director
may take the following action:
``(1) For a second violation, suspension of the employee
for a period of not more than 7 days.
``(2) For a third violation, suspension of the employee for
a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel Management
shall by rule establish procedures providing for an appeal from any
adverse action taken under section 9204 by not later than 30 days after
the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken under
section 9204 (including a determination in an appeal from such an
action under subsection (a) of this section) shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to
request the disclosure of information described under
subparagraphs (B) and (C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall issue such regulations as are necessary to
carry out chapter 92 of title 5, United States Code (as added
by this subtitle).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this subtitle), shall take effect on the date
that is 2 years after the date of enactment of this Act.
(c) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 91 the following:
``92. Prohibition on criminal history inquiries prior to 9201''.
conditional offer.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding
at the end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as
section 208; and
(C) by inserting after section 206 (2 U.S.C. 1316)
the following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency', `criminal
history record information', and `suspension' have the meanings given
the terms in section 9201 of title 5, United States Code, except as
otherwise modified by this section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in
subparagraph (B), an employee of an employing office
may not request that an applicant for employment as a
covered employee disclose criminal history record
information if the request would be prohibited under
section 9202 of title 5, United States Code, if made by
an employee of an agency.
``(B) Conditional offer.--For purposes of applying
that section 9202 under subparagraph (A), a reference
in that section 9202 to a conditional offer shall be
considered to be an offer of employment as a covered
employee that is conditioned upon the results of a
criminal history inquiry.
``(2) Rules of construction.--The provisions of section
9206 of title 5, United States Code, shall apply to employing
offices, consistent with regulations issued under subsection
(d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appropriate if awarded
under section 9204 of title 5, United States Code, if the
violation had been committed by an employee of an agency,
consistent with regulations issued under subsection (d), except
that the reference in that section to a suspension shall be
considered to be a suspension with the level of compensation
provided for a covered employee who is taking unpaid leave
under section 202.
``(2) Process for obtaining relief.--An applicant for
employment as a covered employee who alleges a violation of
subsection (b)(1) may rely on the provisions of title IV (other
than section 407 or 408, or a provision of this title that
permits a person to obtain a civil action or judicial review),
consistent with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2020, the Board shall, pursuant to section 304, issue
regulations to implement this section.
``(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Director of the Office of Personnel
Management under section 2(b)(1) of the Fair Chance to Compete
for Jobs Act of 2020 to implement the statutory provisions
referred to in subsections (a) through (c) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections (a)
through (c) shall take effect on the date on which section 9202 of
title 5, United States Code, applies with respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law
104-1; 109 Stat. 3) is amended--
(i) by redesignating the item relating to
section 207 as the item relating to section
208; and
(ii) by inserting after the item relating
to section 206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code
of 1986 is amended by striking ``or 207'' and inserting
``207, or 208''.
(e) Application to Judicial Branch.--
(1) In general.--Section 604 of title 28, United States
Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history
record information' have the meanings given those terms
in section 9201 of title 5;
``(B) the term `covered employee' means an employee
of the judicial branch of the United States Government,
other than--
``(i) any judge or justice who is entitled
to hold office during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office
or entity of the judicial branch of the United States
Government that employs covered employees.
``(2) Restriction.--A covered employee may not request that
an applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5 if made by an employee
of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply to
employing offices and to applicants for employment as covered
employees, consistent with regulations issued by the Director
to implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such
adverse action with respect to a covered employee who
violates paragraph (2) as would be appropriate under
section 9204 of title 5 if the violation had been
committed by an employee of an agency.
``(B) Appeals.--The Director shall by rule
establish procedures providing for an appeal from any
adverse action taken under subparagraph (A) by not
later than 30 days after the date of the action.
``(C) Applicability of other laws.--Except as
provided in subparagraph (B), an adverse action taken
under subparagraph (A) (including a determination in an
appeal from such an action under subparagraph (B))
shall not be subject to appeal or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Fair Chance to Compete for
Jobs Act of 2020, the Director shall issue regulations
to implement this subsection.
``(B) Parallel with agency regulations.--The
regulations issued under subparagraph (A) shall be the
same as substantive regulations promulgated by the
Director of the Office of Personnel Management under
section 2(b)(1) of the Fair Chance to Compete for Jobs
Act of 2020 except to the extent that the Director of
the Administrative Office of the United States Courts
may determine, for good cause shown and stated together
with the regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections under this
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 12103. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an executive agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require, as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally, or
through written form, request the disclosure of
criminal history record information regarding an
applicant for a position related to work under such
contract before the contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Administrator of
General Services identifies under the
regulations issued under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2020, the
Administrator of General Services, in
consultation with the Secretary of Defense,
shall issue regulations identifying additional
positions with respect to which the prohibition
under paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Administrator of General Services
shall establish and publish procedures under which an applicant for a
position with a Federal contractor may submit to the Administrator a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the head of an executive agency
determines that a contractor has violated subsection (a)(1)(B),
such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violation.--If the head of an executive
agency determines that a contractor that was subject to
paragraph (1) has committed a subsequent violation of
subsection (a)(1)(B), such head shall notify the contractor,
shall provide 30 days after such notification for the
contractor to appeal the determination, and, in consultation
with the relevant Federal agencies, may take actions, depending
on the severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 41, United States Code, is amended by adding at the
end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 2(b)(2) of this
subtitle.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2338 the following
new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the head of an agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally or
through written form request the disclosure of criminal
history record information regarding an applicant for a
position related to work under such contract before
such contractor extends a conditional offer to the
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Secretary of
Defense identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2020, the Secretary
of Defense, in consultation with the
Administrator of General Services, shall issue
regulations identifying additional positions
with respect to which the prohibition under
paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for a
position with a Department of Defense contractor may submit a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection (a)(1)(B),
the Secretary shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph (1)
has committed a subsequent violation of subsection (a)(1)(B),
the Secretary shall notify the contractor, shall provide 30
days after such notification for the contractor to appeal the
determination, and, in consultation with the relevant Federal
agencies, may take actions, depending on the severity of the
infraction and the contractor's history of violations,
including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 2(b)(2) of this
subtitle.
(3) Clerical amendment.--The table of sections for chapter
137 of title 10, United States Code, is amended by inserting
after the item relating to section 2338 the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4714 of title 41, United States Code, and
section 2339 of title 10, United States Code, as added by this
section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation under paragraph (1)
to be consistent with the regulations issued by the Director of
the Office of Personnel Management under section 2(b)(1) to the
maximum extent practicable. The Council shall include together
with such revision an explanation of any substantive
modification of the Office of Personnel Management regulations,
including an explanation of how such modification will more
effectively implement the rights and protections under this
section.
SEC. 12104. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED
IN FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be removed
from the United States for a violation of the immigration laws
(as such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau of
Justice Statistics, in coordination with the Director of the Bureau of
the Census, shall--
(1) not later than 180 days after the date of enactment of
this Act, design and initiate a study on the employment of
covered individuals after their release from Federal prison,
including by collecting--
(A) demographic data on covered individuals,
including race, age, and sex; and
(B) data on employment and earnings of covered
individuals who are denied employment, including the
reasons for the denials; and
(2) not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, submit a report that
does not include any personally identifiable information on the
study conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Oversight and Reform of the
House of Representatives; and
(D) the Committee on Education and Labor of the
House of Representatives.
SEC. 12105. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
Subtitle V--Renew Act
SEC. 12201. SHORT TITLE.
This subtitle may be cited as the ``Renew Act of 2020''.
SEC. 12202. LOWERING THE AGE FOR EXPUNGEMENT OF CERTAIN CONVICTIONS FOR
SIMPLE POSSESSION OF CONTROLLED SUBSTANCES BY NONVIOLENT
YOUNG OFFENDERS.
Section 3607(c) of title 18, United States Code, is amended by
striking ``less than twenty-one'' and inserting ``less than twenty-
five''.
Subtitle W--Correct the Census Count
SEC. 12301. SHORT TITLE.
This subtitle may be cited as the ``Correct the Census Count Act''.
SEC. 12302. RESIDENCE OF INCARCERATED INDIVIDUALS.
Section 141 of title 13, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g)(1) Effective beginning with the 2030 decennial census of
population, in taking any tabulation of total population by States
under subsection (a) or (c), the Secretary shall, with respect to an
individual incarcerated in a State or Federal correctional center as of
the date on which such census is taken, attribute such individual to
such individual's last place of residence before incarceration.
``(2) In carrying out this subsection, the Secretary shall consult
with each State department of corrections and the Bureau of Prisons to
collect the information necessary to make the determination required
under paragraph (1).''.
Subtitle X--Creating a Respectful and Open World for Natural Hair
SEC. 12401. SHORT TITLE.
This subtitle may be cited as the ``Creating a Respectful and Open
World for Natural Hair Act of 2020'' or the ``CROWN Act of 2020''.
SEC. 12402. FINDINGS; SENSE OF CONGRESS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Throughout United States history, society has used (in
conjunction with skin color) hair texture and hairstyle to
classify individuals on the basis of race.
(2) Like one's skin color, one's hair has served as a basis
of race and national origin discrimination.
(3) Racial and national origin discrimination can and do
occur because of longstanding racial and national origin biases
and stereotypes associated with hair texture and style.
(4) For example, routinely, people of African descent are
deprived of educational and employment opportunities because
they are adorned with natural or protective hairstyles in which
hair is tightly coiled or tightly curled, or worn in locs,
cornrows, twists, braids, Bantu knots, or Afros.
(5) Racial and national origin discrimination is reflected
in school and workplace policies and practices that bar natural
or protective hairstyles commonly worn by people of African
descent.
(6) For example, as recently as 2018, the United States
Armed Forces had grooming policies that barred natural or
protective hairstyles that servicewomen of African descent
commonly wear and that described these hairstyles as
``unkempt''.
(7) In 2018, the United States Armed Forces rescinded these
policies and recognized that this description perpetuated
derogatory racial stereotypes.
(8) The United States Armed Forces also recognized that
prohibitions against natural or protective hairstyles that
African-American servicewomen are commonly adorned with are
racially discriminatory and bear no relationship to African-
American servicewomen's occupational qualifications and their
ability to serve and protect the Nation.
(9) As a type of racial or national origin discrimination,
discrimination on the basis of natural or protective hairstyles
that people of African descent are commonly adorned with
violates existing Federal law, including provisions of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), section
1977 of the Revised Statutes (42 U.S.C. 1981), and the Fair
Housing Act (42 U.S.C. 3601 et seq.). However, some Federal
courts have misinterpreted Federal civil rights law by narrowly
interpreting the meaning of race or national origin, and
thereby permitting, for example, employers to discriminate
against people of African descent who wear natural or
protective hairstyles even though the employment policies
involved are not related to workers' ability to perform their
jobs.
(10) Applying this narrow interpretation of race or
national origin has resulted in a lack of Federal civil rights
protection for individuals who are discriminated against on the
basis of characteristics that are commonly associated with race
and national origin.
(11) In 2019, State legislatures and municipal bodies
throughout the United States have introduced and passed
legislation that rejects certain Federal courts' restrictive
interpretation of race and national origin, and expressly
classifies race and national origin discrimination as inclusive
of discrimination on the basis of natural or protective
hairstyles commonly associated with race and national origin.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Federal Government should acknowledge that
individuals who have hair texture or wear a hairstyle that is
historically and contemporarily associated with African
Americans or persons of African descent systematically suffer
harmful discrimination in schools, workplaces, and other
contexts based upon longstanding race and national origin
stereotypes and biases;
(2) a clear and comprehensive law should address the
systematic deprivation of educational, employment, and other
opportunities on the basis of hair texture and hairstyle that
are commonly associated with race or national origin;
(3) clear, consistent, and enforceable legal standards must
be provided to redress the widespread incidences of race and
national origin discrimination based upon hair texture and
hairstyle in schools, workplaces, housing, federally funded
institutions, and other contexts;
(4) it is necessary to prevent educational, employment, and
other decisions, practices, and policies generated by or
reflecting negative biases and stereotypes related to race or
national origin;
(5) the Federal Government must play a key role in
enforcing Federal civil rights laws in a way that secures equal
educational, employment, and other opportunities for all
individuals regardless of their race or national origin;
(6) the Federal Government must play a central role in
enforcing the standards established under this subtitle on
behalf of individuals who suffer race or national origin
discrimination based upon hair texture and hairstyle;
(7) it is necessary to prohibit and provide remedies for
the harms suffered as a result of race or national origin
discrimination on the basis of hair texture and hairstyle; and
(8) it is necessary to mandate that school, workplace, and
other applicable standards be applied in a nondiscriminatory
manner and to explicitly prohibit the adoption or
implementation of grooming requirements that disproportionately
impact people of African descent.
(c) Purpose.--The purpose of this subtitle is to institute
definitions of race and national origin for Federal civil rights laws
that effectuate the comprehensive scope of protection Congress intended
to be afforded by such laws and Congress' objective to eliminate race
and national origin discrimination in the United States.
SEC. 12403. FEDERALLY ASSISTED PROGRAMS.
(a) In General.--No individual in the United States shall be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, any program or activity receiving
Federal financial assistance, based on the individual's hair texture or
hairstyle, if that hair texture or that hairstyle is commonly
associated with a particular race or national origin (including a
hairstyle in which hair is tightly coiled or tightly curled, locs,
cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, including with the same jurisdiction, as
if such subsection was incorporated in title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d et seq.), and as if a violation of subsection
(a) was treated as if it was a violation of section 601 of such Act (42
U.S.C. 2000d).
(c) Definitions.--In this section--
(1) the term ``program or activity'' has the meaning given
the term in section 606 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-4a); and
(2) the terms ``race'' and ``national origin'' mean,
respectively, ``race'' within the meaning of the term in
section 601 of that Act (42 U.S.C. 2000d) and ``national
origin'' within the meaning of the term in that section 601.
SEC. 12404. HOUSING PROGRAMS.
(a) In General.--No person in the United States shall be subjected
to a discriminatory housing practice based on the person's hair texture
or hairstyle, if that hair texture or that hairstyle is commonly
associated with a particular race or national origin (including a
hairstyle in which hair is tightly coiled or tightly curled, locs,
cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, including with the same jurisdiction, as
if such subsection was incorporated in the Fair Housing Act (42 U.S.C.
3601 et seq.), and as if a violation of subsection (a) was treated as
if it was a discriminatory housing practice.
(c) Definition.--In this section--
(1) the terms ``discriminatory housing practice'' and
``person'' have the meanings given the terms in section 802 of
the Fair Housing Act (42 U.S.C. 3602); and
(2) the terms ``race'' and ``national origin'' mean,
respectively, ``race'' within the meaning of the term in
section 804 of that Act (42 U.S.C. 3604) and ``national
origin'' within the meaning of the term in that section 804.
SEC. 12405. PUBLIC ACCOMMODATIONS.
(a) In General.--No person in the United States shall be subjected
to a practice prohibited under section 201, 202, or 203 of the Civil
Rights Act of 1964 (42 U.S.C. 2000a et seq.), based on the person's
hair texture or hairstyle, if that hair texture or that hairstyle is
commonly associated with a particular race or national origin
(including a hairstyle in which hair is tightly coiled or tightly
curled, locs, cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, including with the same jurisdiction, as
if such subsection was incorporated in title II of the Civil Rights Act
of 1964, and as if a violation of subsection (a) was treated as if it
was a violation of section 201, 202, or 203, as appropriate, of such
Act.
(c) Definition.--In this section, the terms ``race'' and ``national
origin'' mean, respectively, ``race'' within the meaning of the term in
section 201 of that Act (42 U.S.C. 2000e) and ``national origin''
within the meaning of the term in that section 201.
SEC. 12406. EMPLOYMENT.
(a) Prohibition.--It shall be an unlawful employment practice for
an employer, employment agency, labor organization, or joint labor-
management committee controlling apprenticeship or other training or
retraining (including on-the-job training programs) to fail or refuse
to hire or to discharge any individual, or otherwise to discriminate
against an individual, based on the individual's hair texture or
hairstyle, if that hair texture or that hairstyle is commonly
associated with a particular race or national origin (including a
hairstyle in which hair is tightly coiled or tightly curled, locs,
cornrows, twists, braids, Bantu knots, and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, including with the same jurisdiction, as
if such subsection was incorporated in title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.), and as if a violation of
subsection (a) was treated as if it was a violation of section 703 or
704, as appropriate, of such Act (42 U.S.C. 2000e-2, 2000e-3).
(c) Definitions.--In this section the terms ``person'', ``race'',
and ``national origin'' have the meanings given the terms in section
701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
SEC. 12407. EQUAL RIGHTS UNDER THE LAW.
(a) In General.--No person in the United States shall be subjected
to a practice prohibited under section 1977 of the Revised Statutes (42
U.S.C. 1981), based on the person's hair texture or hairstyle, if that
hair texture or that hairstyle is commonly associated with a particular
race or national origin (including a hairstyle in which hair is tightly
coiled or tightly curled, locs, cornrows, twists, braids, Bantu knots,
and Afros).
(b) Enforcement.--Subsection (a) shall be enforced in the same
manner and by the same means, including with the same jurisdiction, as
if such subsection was incorporated in section 1977 of the Revised
Statutes, and as if a violation of subsection (a) was treated as if it
was a violation of that section 1977.
SEC. 12408. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to limit definitions of
race or national origin under the Civil Rights Act of 1964 (42 U.S.C.
2000a et seq.), the Fair Housing Act (42 U.S.C. 3601 et seq.), or
section 1977 of the Revised Statutes (42 U.S.C. 1981).
SEC. 12409. EFFECTIVE DATE.
This subtitle shall take effect on August 9, 2020.
Subtitle Y--Equal Justice Under Law
SEC. 12501. SHORT TITLE.
This subtitle may be cited as the ``Equal Justice Under Law Act of
2020''.
SEC. 12502. EFFECTIVE ASSISTANCE OF COUNSEL.
(a) In General.--An indigent individual facing criminal prosecution
or juvenile delinquency in a State court shall be entitled to the
effective assistance of counsel, as guaranteed by the Sixth and
Fourteenth Amendments to the Constitution of the United States, at the
expense of the State.
(b) Delegation.--If a State delegates fiscal or administrative
authority over the indigent defense function to a political subdivision
of the State, the State shall secure effective assistance of counsel
for the individual.
(c) Ineffective Assistance.--For purposes of this section, the
assistance of counsel is ineffective if the performance of counsel was
not reasonable under prevailing professional norms.
SEC. 12503. REMEDY.
(a) Class Action Authorized.--If a State official or one or more of
a political subdivision of the State fails on a systemic basis to
guarantee the right to the assistance of effective counsel as
guaranteed by the Sixth and Fourteenth Amendments to the Constitution
of the United States, an individual aggrieved by a violation of section
12502 may commence a civil class action in an appropriate district
court of the United States to seek declaratory, injunctive, or other
equitable relief.
(b) Abstention Doctrine.--A court entertaining a petition for
relief filed under this subtitle need not apply the abstention doctrine
established in Younger v. Harris (401 U.S. 37).
(c) Attorney's Fees.--In any action or proceeding under this
section, the court, in its discretion, may allow the prevailing party,
other than a named official of a State or political subdivision of a
State, a reasonable attorney's fee as part of the costs. In awarding an
attorney's fee under this subsection, the court, in its discretion, may
include expert fees as part of the attorney's fee.
(d) Savings Provision.--Nothing in this section shall restrict any
right that any individual has under any other statute or under common
law to seek redress for a violation of the right to counsel.
SEC. 12504. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM.
Section 501(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3751(b)) is amended by inserting ``, in consultation
with public defenders,'' before ``may''.
Subtitle Z--Ensuring Successful Reentry
SEC. 12601. SHORT TITLE.
This subtitle may be cited as the ``Ensuring Successful Reentry Act
of 2020''.
SEC. 12602. REQUIREMENT THAT PRISONERS ON WORK RELEASE PAY PART OF
THEIR GROSS INCOME OVER FOR HOUSING.
Section 3622(c) of title 18, United States Code, is amended by
striking all that follows after ``facility if'' and inserting the
following: ``the rates of pay and other conditions of employment will
not be less than those paid or provided for work of a similar nature in
the community.''.
Subtitle AA--Protecting Domestic Violence and Stalking Victims
SEC. 12701. SHORT TITLE.
This subtitle may be cited as the ``Protecting Domestic Violence
and Stalking Victims Act''.
SEC. 12702. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME
OF DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32)--
(A) by striking ``and an individual'' and inserting
``an individual''; and
(B) by inserting ``, or a dating partner (as
defined in section 2266)'' before the period at the
end; and
(2) in paragraph (33)(A)--
(A) by striking ``Except as provided in
subparagraph (C), the'' and inserting ``The'';
(B) in clause (i), by inserting ``municipal,''
after ``State,''; and
(C) in clause (ii)--
(i) by striking ``or by'' and inserting
``by''; and
(ii) by inserting ``, or by a dating
partner (as defined in section 2266) of the
victim'' before the period at the end.
SEC. 12703. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR
SIMILAR ORDER TO WHOM A FIREARM IS PROHIBITED FROM BEING
SOLD OR DISPOSED.
Section 922(d)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued after a hearing of which
such person received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order, relating
to which notice and opportunity to be heard are
provided--
``(I) within the time required by State,
tribal, or territorial law; and
``(II) in any event within a reasonable
time after the order is issued, sufficient to
protect the person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 12704. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR
SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A
FIREARM.
Section 922(g)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued after a hearing of which
such person received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order, relating
to which notice and opportunity to be heard are
provided--
``(I) within the time required by State,
tribal, or territorial law; and
``(II) in any event within a reasonable
time after the order is issued, sufficient to
protect the person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 12705. STALKING PROHIBITIONS.
(a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 12703 of
this subtitle, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, municipal, territorial, or tribal law;
or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States.''.
(b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title, as amended by section 12704 of this subtitle, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, municipal, territorial, or tribal law;
or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States,''.
Subtitle BB--Gun Violence Research
SEC. 12801. SHORT TITLE.
This subtitle may be cited as the ``National Gun Violence Research
Act''.
SEC. 12802. FINDINGS.
Congress makes the following findings:
(1) In the last 50 years, more individuals in the United
States have died from gunshots than in all wars in which the
United States was a combatant, combined.
(2) The rate of gun violence deaths in the United States is
more than double that of other high-income nations.
(3) Guns accounted for 74 percent of homicides and 51
percent of suicides in 2016, totaling over 37,000 deaths in the
United States.
(4) Gun violence disproportionately affects racial
minorities, with African Americans comprising nearly 60 percent
of homicide victims and 22 percent of unintentional injury
deaths in 2016.
(5) Provisions in appropriations Acts dating back to 1996
have had a chilling effect on Federal funding for research on
gun violence across the Federal Government and, as a result,
research on gun violence is significantly underfunded relative
to other leading causes of death.
(6) Research examining the nature, causes, consequences,
and prevention of gun-related violence, suicide, and
unintentional injury and death does not constitute advocacy in
support of, or opposition to, gun control policies or
regulations.
(7) More research and high-quality data relating to gun
violence are needed to inform the development of effective
strategies to reduce the incidence of gun-related injury and
death.
SEC. 12803. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(2) 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 (20
U.S.C. 1001).
(3) Program.--The term ``Program'' means the National Gun
Violence Research Program established under section 12805.
SEC. 12804. RESEARCH AND DATA RESTRICTIONS REPEAL.
(a) Gun Trace Data.--
(1) The matter under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title I of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public
Law 112-55; 125 Stat. 609-610) is amended by striking the 6th
proviso.
(2) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated Appropriations Act,
2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128-
3129) is amended by striking ``beginning in fiscal year 2010
and thereafter'' and inserting ``in fiscal year 2010''.
(3) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Omnibus Appropriations Act, 2009
(18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is
amended by striking ``beginning in fiscal year 2009 and
thereafter'' and inserting ``in fiscal year 2009''.
(4) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated Appropriations Act,
2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903-
1904) is amended by striking ``beginning in fiscal year 2008
and thereafter'' and inserting ``in fiscal year 2008''.
(5) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title I of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public
Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with
respect to any fiscal year''.
(6) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005 (18
U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is
amended by striking ``with respect to any fiscal year''.
(b) Department of Health and Human Services.--Notwithstanding any
other provision of law, funds made available to the Department of
Health and Human Services, including the Centers for Disease Control
and Prevention and the National Institutes of Health, may be used to
conduct research with respect to gun violence.
SEC. 12805. RESEARCH PROGRAM.
(a) Establishment.--The President, acting through the Director,
shall develop and implement a program to improve public health and
safety through research on gun violence (to be known as the ``National
Gun Violence Research Program''), through activities carried out in
collaboration with covered agencies that--
(1) support gun violence research;
(2) accelerate the translation of gun violence research
into effective policy interventions to reduce the incidence of
injury and death related to guns;
(3) expand the number of researchers and students in the
field of gun violence research; and
(4) improve interagency planning and coordination of
Federal Government activities relating to gun violence
research.
(b) Program Activities.--A covered agency, in carrying out
activities described in subsection (a), shall--
(1) award grants to individual investigators and
interdisciplinary teams of investigators for projects related
to gun violence research;
(2) support projects funded under joint solicitations by a
collaboration of no fewer than two covered agencies;
(3) establish interdisciplinary research centers that are
organized to investigate basic research questions and inform
policy decisions relating to gun violence;
(4) provide for the education and training of undergraduate
students, graduate students, and postdoctoral scholars in gun
violence research; and
(5) promote the development of voluntary consensus gun
safety technical standards.
(c) Interagency Working Group.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
National Science and Technology Council, shall establish an
interagency working group on gun violence research.
(2) Composition.--The working group established under this
subsection shall be chaired by the Director and include
representatives from--
(A) the National Science Foundation;
(B) the National Institute of Standards and
Technology;
(C) the National Institutes of Health;
(D) the Centers for Disease Control and Prevention;
(E) the National Institute of Justice; and
(F) any other Federal agency (including an agency,
department, or service thereof) that the Director
considers appropriate.
(3) Duties.--The Working Group shall--
(A) oversee the planning, management, and
coordination of the Program;
(B) provide for coordination among covered agencies
of Federal gun violence research and other activities
undertaken pursuant to the Program;
(C) establish and periodically update goals and
priorities for the Program;
(D) develop, not later than 12 months after the
date of enactment of this Act, and update every 5
years, a strategic plan to guide the activities of the
Program to meet the goals and priorities established
under subparagraph (C).
(d) Advisory Committee.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Director of the Office of Science and Technology Policy, shall
establish an advisory committee on gun violence research.
(2) Composition.--The advisory committee established under
paragraph (1) shall be composed of not less than 12 members,
including representatives of research institutions,
institutions of higher education, industry, law enforcement,
and relevant nonprofit organizations who are qualified to
provide advice on the Program.
(3) Duties.--The advisory committee established under
subsection (a) shall assess--
(A) the management, coordination, implementation,
and activities of the Program;
(B) the balance of activities and funding across
the Program;
(C) whether the Program priorities and goals
developed by the working group established under
subsection (c)(3) are helping to improve public health
and safety; and
(D) the need to revise the Program.
(e) Covered Agency Defined.--In this section, the term ``covered
agency'' means--
(1) the National Science Foundation;
(2) the National Institute for Standards and Technology;
(3) the Centers for Disease Control and Prevention;
(4) the National Institutes of Health;
(5) the National Institute of Justice; and
(6) such other Federal agency as determined appropriate by
the Director of the Office of Science and Technology Policy.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this section $200,000 for
each of fiscal years 2019 through 2024.
SEC. 12806. AGENCY ACTIVITIES.
(a) National Science Foundation.--
(1) Research.--The Director of the National Science
Foundation shall award grants, on a competitive basis, to
institutions of higher education or nonprofit organizations (or
consortia of such institutions or organizations)--
(A) to support multidisciplinary research to better
understand the nature, causes, and consequences of
violence, including violence, suicide, unintended
injury, and death involving guns;
(B) to examine the effects of gun policy
interventions on--
(i) rates of suicide, homicide, and
unintended injury and death;
(ii) individuals' ability to use guns for
self-defense, hunting, and recreation; and
(iii) the gun industry; and
(C) to educate and train researchers in the field
of violence, including gun violence, research.
(2) National center for violence research.--The Director of
the National Science Foundation shall award grants on a
competitive basis to institutions of higher education or
nonprofit organizations (or consortia of such institutions or
organizations) to establish one or more centers to conduct
multidisciplinary research and education activities in support
of the goals and priorities of the Program (to be known as
``National Center for Violence Research'').
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2019 through 2024.
(b) National Institute of Standards and Technology.--
(1) Voluntary consensus standards.--The Secretary of
Commerce, acting through the Director of the National Institute
of Standards and Technology, shall establish a program to
promote the development of voluntary consensus gun safety
technical standards. Such effort shall include--
(A) outreach, coordination, and technical support
to relevant industry and nonindustry stakeholders and
standards development organizations to assist such
entities in the development of voluntary consensus gun
safety technical standards;
(B) the conduct of research to support efforts to
develop and improve such standards and conformity
assessment; and
(C) the development of such standard reference
material as the Director determines is necessary to
further the development of such standards.
(2) Prohibition on regulation.--Nothing in this subtitle
shall be construed as conferring upon the Secretary of Commerce
any authority to establish or enforce mandatory gun safety
standards.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of fiscal years 2019 through 2024.
(c) Department of Health and Human Services.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the National
Institutes of Health, the Director of the Centers for Disease
Control and Prevention, and other scientific agencies within
the Department of Health and Human Services, shall award grants
on a competitive basis to conduct or support research into the
nature, causes, consequences, and prevention of gun violence.
(2) Appropriations.--There is authorized to be appropriated
to the Secretary of Health and Human Services to carry out this
subsection $20,000,000 for each of fiscal years 2019 through
2024.
(d) Department of Justice.--
(1) Research.--The Attorney General of the United States,
acting through the National Institute of Justice, shall conduct
or sponsor research into the nature, causes, consequences, and
prevention of gun violence.
(2) Competition.--The Attorney General of the United
States, acting through the National Institute of Justice, shall
sponsor an inducement prize competition under section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) to demonstrate through testing and evaluation the
reliability of guns and gun accessories with integrated
advanced gun safety technology (commonly referred to as smart
guns, user-authorized handguns, childproof guns, and
personalized guns).
(3) Trace data.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General, in
collaboration with the Secretary of the Department of
Health and Human Services, shall develop consensus
protocols for granting researchers access to gun trace
data while protecting the confidentiality of gun owners
and dealers.
(B) Data sharing.--Not later than 1 year after the
date of enactment of this Act, the Attorney General,
acting through the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, shall commence sharing with
researchers according to the protocols developed under
subparagraph (A), the contents of the Firearms Trace
System database and information required to be kept by
licensees pursuant to section 923(g) of title 18,
United States Code, or required to be reported pursuant
to paragraphs (3) and (7) of such section 923(g).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
each of fiscal years 2019 through 2024.
Subtitle CC--Stop Online Ammunition Sales
SEC. 12901. SHORT TITLE.
This subtitle may be cited as the ``Stop Online Ammunition Sales
Act of 2020''.
SEC. 12902. LIMITATIONS ON PURCHASES OF AMMUNITION.
(a) Licensing of Ammunition Dealers.--
(1) In general.--Section 923(a) of title 18, United States
Code, is amended in the matter preceding paragraph (1), in the
first sentence, by striking ``, or importing or manufacturing''
and inserting ``or''.
(2) Conforming amendment.--Section 921(a)(11)(A) of title
18, United States Code, is amended by inserting ``or
ammunition'' after ``firearms''.
(b) Requirement for Face-to-Face Sales of and Licensing To Sell
Ammunition.--Section 922 of such title is amended--
(1) in subsection (a)(1)--
(A) by striking ``for any person--'' and all that
follows through ``(A) except'' and inserting ``(A) for
any person except''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) for--
``(i) any person except a licensed importer,
licensed manufacturer, or licensed dealer, to--
``(I) sell ammunition, except that this
subclause shall not apply to a sale of
ammunition by a person to a licensed importer,
licensed manufacturer, or licensed dealer; or
``(II) engage in the business of importing
or manufacturing ammunition, or in the course
of such business, to ship, transport, or
receive any ammunition; or
``(ii) a licensed importer, licensed manufacturer,
or licensed dealer to transfer ammunition to a person
unless the licensee, in the physical presence of the
person, has verified the identity of the person by
examining a valid identification document (as defined
in section 1028(d) of this title) of the person
containing a photograph of the person;''; and
(2) in subsection (b)(5), by striking ``or armor-
piercing''.
(c) Limit on Shipping and Transporting of Ammunition.--Section
922(a)(2) of such title is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, or to ship or transport any ammunition,'' after ``any
firearm''; and
(2) in subparagraph (B), by inserting ``or ammunition''
after ``a firearm''.
(d) Recordkeeping Regarding Ammunition.--
(1) In general.--Section 923(g) of such title is amended--
(A) in paragraph (1)(A)--
(i) in the first sentence, by inserting
``or ammunition'' after ``other disposition of
firearms''; and
(ii) in the third sentence, by striking ``,
or any licensed importer or manufacturer of
ammunition,'' and inserting ``, or any licensed
importer, manufacturer, or dealer of
ammunition,''; and
(B) in paragraph (3), by adding at the end the
following:
``(C) Each licensee shall prepare a report of multiple sales or
other dispositions whenever the licensee sells or otherwise disposes
of, at one time or during any 5 consecutive business days, more than
1,000 rounds of ammunition to an unlicensed person. The report shall be
prepared on a form specified by the Attorney General and forwarded to
the office specified thereon and to the department of State police or
State law enforcement agency of the State or local law enforcement
agency of the local jurisdiction in which the sale or other disposition
took place, not later than the close of business on the day that the
multiple sale or other disposition occurs.''.
(2) Conforming amendment.--Section 4182(d) of the Internal
Revenue Code of 1986 is amended by inserting ``and except as
provided in paragraph (1)(A) and (3)(C) of section 923(g) of
such title,'' before ``no person holding a Federal license''.
Subtitle DD--Safer Neighborhoods Gun Buyback
SEC. 13001. SHORT TITLE.
This subtitle may be cited as the ``Safer Neighborhoods Gun Buyback
Act of 2020''.
PART 1--GUN BUYBACK GRANT PROGRAM
SEC. 13011. PROGRAM AUTHORIZED.
(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this part as the ``Director'') may make grants to
eligible entities to conduct gun buyback programs.
(b) Eligible Entity Defined.--In this part, the term ``eligible
entity'' means--
(1) a State;
(2) a unit of local government; or
(3) a gun dealer if neither the unit of local government
nor the State where such dealer is located receives a grant
under this part.
SEC. 13012. APPLICATIONS.
(a) Grants.--The chief executive of an eligible entity seeking a
grant under this part shall submit an application to the Director at
such time and containing such information as the Director may
reasonably require.
(b) Subgrants.--A gun dealer located in a unit of local government
or State that does receive a grant under this part seeking a subgrant
shall submit an application to the chief executive of such unit of
local government or State at such time and containing such information
as the chief executive may reasonably require, including proof of such
dealer's license under section 923 of title 18, United States Code.
SEC. 13013. TERM OF GRANT.
(a) Term.--The term of a grant awarded under this part shall be two
years.
(b) Availability of Grant Funds.--
(1) States or units of local government.--A State or unit
of local government that receives a grant under this part shall
return to the Director any remaining smart prepaid cards and
any unused portion of such grant at the end of the two-year and
270-day period beginning on the date that the grant was
awarded.
(2) Gun dealers.--A gun dealer that receives a grant or
subgrant under this part shall return to the Director any
remaining smart prepaid cards and any unused portion of such
grant or subgrant that was allocated to be used to buy back
guns--
(A) in the case of a gun dealer receiving a grant,
at the end of the two-year period beginning on the date
that the grant was awarded; or
(B) in the case of a gun dealer receiving a
subgrant, at the end of the two-year period beginning
on the date that the grant was awarded to the State or
unit of local government from which the gun dealer
received a subgrant.
(c) Amounts Returned.--The Director shall return to the general
fund of the Treasury any amounts returned under subsection (b).
SEC. 13014. SMART PREPAID CARDS.
(a) In General.--In conducting the grant program authorized under
section 13011, the Director may reserve such funds as may be necessary
to acquire and distribute smart prepaid cards to eligible entities that
receive grants under this part. The Director shall distribute the smart
prepaid cards without any funds loaded onto the cards.
(b) Market Value of Guns.--The Director shall determine the market
value of each gun that the Director determines should be included in
the gun buyback program and make such information publicly available.
(c) Prohibition on Use of Cards To Buy Guns.--
(1) In general.--A person may not use a smart prepaid card
in the acquisition of a gun or ammunition, and a person may not
accept a smart prepaid card in the transfer (including a loan)
of a gun or ammunition.
(2) Penalty.--A person that violates paragraph (1) shall
pay to the Director an amount that is equal to the value of the
prohibited sale.
SEC. 13015. USES OF FUNDS.
(a) States and Units of Local Government.--A State or unit of local
government receiving a grant under this part shall use such funds to do
the following:
(1) Gun buyback program.--Use such funds to--
(A) conduct a gun buyback program; or
(B) make subgrants to gun dealers in such State or
unit of local government to conduct gun buyback
programs, and distribute the smart prepaid cards such
State or unit of local government receives to gun
dealers receiving subgrants.
(2) Gun and ammunition recycling program.--Use not more
than 10 percent of such funds to recycle the guns and
ammunition that such State or unit of local government collects
or receives from gun dealers.
(3) Administrative costs.--Use not more than 15 percent of
such funds for the administrative costs of carrying out the
grant program under this part, including the criminal database
checks under subsection (f).
(b) Gun Dealers.--
(1) In general.--A gun dealer receiving a grant or subgrant
under this part shall use such funds to conduct a gun buyback
program.
(2) Smart prepaid card amounts.--
(A) In order to purchase a gun through a gun
buyback program, a gun dealer shall load onto a smart
prepaid card 125 percent of the market value of the gun
that the individual wishes to dispose of (as determined
by the Director under section 13014(b)).
(B) A gun dealer may increase the purchase price of
a gun and load an amount onto a smart prepaid card that
is greater than 125 percent of the market value of the
gun if the gun dealer determines that the gun has been
altered in a way that would increase the market value
of the gun (such as an altered grip, or the addition of
a scope).
(3) Guns received.--
(A) In the case of a gun dealer receiving a grant
under this part, the gun dealer shall deliver a gun or
ammunition the dealer receives under the gun buyback
program to the closest office of the Bureau of Alcohol,
Tobacco, Firearms and Explosives not later than 60 days
after receiving such gun.
(B) In the case of a gun dealer receiving a
subgrant under this part, the gun dealer shall deliver
a gun or ammunition the dealer receives under the gun
buyback program to the State or unit of local
government from which it receives the subgrant not
later than 60 days after receiving such gun.
(c) Ammunition Collection.--A State, unit of local government, or
gun dealer conducting a gun buyback program under this part may accept
ammunition from individuals wishing to dispose of it, which shall be
recycled in accordance with paragraph (3), but may not use smart
prepaid cards to purchase ammunition under the gun buyback program.
(d) Incentives for Gun Dealer Participation.--To the extent that
the Director determines necessary to facilitate participation of gun
dealers in the gun buyback program, grant funds may be used to provide
monetary or other incentives to gun dealers to participate in such
program. For purposes of subsection (a), any such incentives shall be
treated as part of the subgrant to the gun dealer described in
paragraph (1)(B) thereof.
(e) Resale of Guns Prohibited.--A State, unit of local government,
or gun dealer conducting a gun buyback program under this part may not
sell a gun or ammunition received under such program.
(f) Criminal Database Check.--A State, unit of local government, or
office of the Bureau of Alcohol, Tobacco, Firearms and Explosives that
receives a gun under a gun buyback program under this part shall, not
later than 21 days after receiving the gun, use any database accessible
to the State, unit of local government, or office of the Bureau of
Alcohol, Tobacco, Firearms and Explosives, as applicable, in order to
determine whether the gun was used in the commission of a crime. If
such a gun was used in the commission of a crime, the gun shall be
delivered to the appropriate prosecuting authority.
SEC. 13016. DEFINITIONS.
In this part:
(1) Ammunition.--The term ``ammunition'' has the meaning
given such term in section 921(a)(17)(A) of title 18, United
States Code.
(2) Gun.--The term ``gun'' means ``firearm'' as defined in
section 921(a)(3) of title 18, United States Code.
(3) Gun buyback program.--The term ``gun buyback program''
means a program under which a State, a unit of local
government, or a gun dealer, using smart prepaid cards as
described in section 13015(b)(2), purchases back from
individuals wishing to dispose of them, a gun identified by the
Director under section 13014(b).
(4) Gun dealer.--The term ``gun dealer'' means a dealer of
firearms licensed under section 923 of title 18, United States
Code.
(5) Smart prepaid card.--The term ``smart prepaid card''
means a card issued by the Director that--
(A) is redeemable at multiple, unaffiliated
merchants or service providers;
(B) contains a mechanism, for the purpose of
preventing the cardholder from using it to purchase a
gun or ammunition, that recognizes the merchant
category code of a merchant and prohibits the use of
such card at a place of business subject to a license
to deal in firearms under section 923 of title 18,
United States Code;
(C) is honored, upon presentation, by merchants
solely for goods or services, except for merchants
described in subparagraph (B);
(D) is loaded on a prepaid basis by a State, unit
of local government, or gun dealer for use in a gun
buyback program;
(E) clearly and conspicuously bears the words
``THIS CARD MAY NOT BE USED TO PURCHASE A GUN OR
AMMUNITION'' in capital and raised letters on the card;
and
(F) may not redeemed for coins or currency.
(6) State.--The term ``State'' means each of the 50 States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
SEC. 13017. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $360,000,000 for each of
fiscal years 2018 through 2020 to carry out this part.
PART 2--CRIMINAL PROVISION
SEC. 13021. USE OF SMART PREPAID CARD IN THE ACQUISITION OR TRANSFER OF
A FIREARM.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Use of smart prepaid card in the acquisition or transfer of
a firearm
``Whoever, in or affecting interstate or foreign commerce, uses a
smart prepaid card (as such term is defined in section 13016 of the
Safer Neighborhoods Gun Buyback Act of 2020) in connection with the
acquisition of, or accepts a smart prepaid card in connection with the
transfer (including a loan) of a firearm or ammunition shall be fined
under this title, imprisoned for not more than 2 years, or both.''.
(b) Clerical Amendments.--
(1) Conforming amendment.--Section 924(a)(1) of title 18,
United States Code, is amended by inserting after ``section
929'' the following: ``or section 932''.
(2) Table of sections.--The table of sections at the
beginning of chapter 44 of title 18, United States Code, is
amended by inserting after the item relating to section 931 the
following:
``932. Use of smart prepaid card in the acquisition or transfer of a
firearm.''.
Subtitle EE--Gun Trafficking Prohibition
SEC. 13101. SHORT TITLE.
This subtitle may be cited as the ``Gun Trafficking Prohibition
Act''.
SEC. 13102. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Straw purchasing of firearms
``(a) For purposes of this section--
``(1) the term `crime of violence' has the meaning given
that term in section 924(c)(3);
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2); and
``(3) the term `purchases' includes the receipt of any
firearm by a person who does not own the firearm--
``(A) by way of pledge or pawn as security for the
payment or repayment of money; or
``(B) on consignment.
``(b) It shall be unlawful for any person (other than a licensed
importer, licensed manufacturer, licensed collector, or licensed
dealer) to knowingly purchase, or attempt or conspire to purchase, any
firearm in or otherwise affecting interstate or foreign commerce--
``(1) from a licensed importer, licensed manufacturer,
licensed collector, or licensed dealer for, on behalf of, or at
the request or demand of any other person, known or unknown; or
``(2) from any person who is not a licensed importer,
licensed manufacturer, licensed collector, or licensed dealer
for, on behalf of, or at the request or demand of any other
person, known or unknown, knowing or having reasonable cause to
believe that such other person--
``(A) is under indictment for, or has been
convicted in any court of, a crime punishable by
imprisonment for a term exceeding 1 year;
``(B) is a fugitive from justice;
``(C) is an unlawful user of or addicted to any
controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(D) has been adjudicated as a mental defective or
has been committed to any mental institution;
``(E) is an alien who--
``(i) is illegally or unlawfully in the
United States; or
``(ii) except as provided in section
922(y)(2), has been admitted to the United
States under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));
``(F) has been discharged from the Armed Forces
under dishonorable conditions;
``(G) having been a citizen of the United States,
has renounced his or her citizenship;
``(H) is subject to a court order that restrains
such person from harassing, stalking, or threatening an
intimate partner of such person or child of such
intimate partner or person, or engaging in other
conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or
child, except that this subparagraph shall only apply
to a court order that--
``(i) was issued after a hearing of which
such person received actual notice, and at
which such person had the opportunity to
participate; and
``(ii)(I) includes a finding that such
person represents a credible threat to the
physical safety of such intimate partner or
child; or
``(II) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such intimate partner or
child that would reasonably be expected to
cause bodily injury;
``(I) has been convicted in any court of a
misdemeanor crime of domestic violence;
``(J) intends to--
``(i) use, carry, possess, or sell or
otherwise dispose of the firearm or ammunition
in furtherance of a crime of violence or drug
trafficking crime; or
``(ii) export the firearm or ammunition in
violation of law;
``(K) who does not reside in any State; or
``(L) intends to sell or otherwise dispose of the
firearm or ammunition to a person described in any of
subparagraphs (A) through (K).
``(c)(1) Except as provided in paragraph (2), any person who
violates subsection (b) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (b) is committed knowing or with
reasonable cause to believe that any firearm involved will be used to
commit a crime of violence, the person shall be sentenced to a term of
imprisonment of not more than 25 years.
``(d) Subsection (b)(1) shall not apply to any firearm that is
lawfully purchased by a person--
``(1) to be given as a bona fide gift to a recipient who
provided no service or tangible thing of value to acquire the
firearm, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, receiving, selling, shipping, transporting,
transferring, or otherwise disposing of the firearm; or
``(2) to be given to a bona fide winner of an organized
raffle, contest, or auction conducted in accordance with law
and sponsored by a national, State, or local organization or
association, unless the person knows or has reasonable cause to
believe such recipient is prohibited by Federal law from
possessing, purchasing, receiving, selling, shipping,
transporting, transferring, or otherwise disposing of the
firearm.
``Sec. 933. Trafficking in firearms
``(a) It shall be unlawful for any person to--
``(1) ship, transport, transfer, cause to be transported,
or otherwise dispose of 2 or more firearms to another person in
or otherwise affecting interstate or foreign commerce, if the
transferor knows or has reasonable cause to believe that the
use, carrying, or possession of a firearm by the transferee
would be in violation of, or would result in a violation of,
any Federal law punishable by a term of imprisonment exceeding
1 year;
``(2) receive from another person 2 or more firearms in or
otherwise affecting interstate or foreign commerce, if the
recipient knows or has reasonable cause to believe that such
receipt would be in violation of, or would result in a
violation of, any Federal law punishable by a term of
imprisonment exceeding 1 year; or
``(3) attempt or conspire to commit the conduct described
in paragraph (1) or (2).
``(b)(1) Except as provided in paragraph (2), any person who
violates subsection (a) shall be fined under this title, imprisoned for
not more than 15 years, or both.
``(2) If a violation of subsection (a) is committed by a person in
concert with 5 or more other persons with respect to whom such person
occupies a position of organizer, leader, supervisor, or manager, the
person shall be sentenced to a term of imprisonment of not more than 25
years.
``Sec. 934. Forfeiture and fines
``(a)(1) Any person convicted of a violation of section 932 or 933
shall forfeit to the United States, irrespective of any provision of
State law--
``(A) any property constituting, or derived from, any
proceeds the person obtained, directly or indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a person convicted of a
violation of section 932 or 933, shall order, in addition to any other
sentence imposed pursuant to section 932 or 933, that the person
forfeit to the United States all property described in paragraph (1).
``(b) A defendant who derives profits or other proceeds from an
offense under section 932 or 933 may be fined not more than the greater
of--
``(1) the fine otherwise authorized by this part; and
``(2) the amount equal to twice the gross profits or other
proceeds of the offense under section 932 or 933.''.
(b) Title III Authorization.--Section 2516(1)(n) of title 18,
United States Code, is amended by striking ``and 924'' and inserting
``, 924, 932, or 933''.
(c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United
States Code, is amended by inserting ``section 932 (relating to straw
purchasing), section 933 (relating to trafficking in firearms),''
before ``section 1028''.
(d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by striking ``section 924(n)'' and
inserting ``section 924(n), 932, or 933''.
(e) Directive to Sentencing Commission.--Pursuant to its authority
under section 994 of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend its guidelines and policy statements to ensure that persons
convicted of an offense under section 932 or 933 of title 18, United
States Code, and other offenses applicable to the straw purchases and
firearms trafficking of firearms are subject to increased penalties in
comparison to those currently provided by the guidelines and policy
statements for such straw purchasing and firearms trafficking offenses.
The Commission shall also review and amend its guidelines and policy
statements to reflect the intent of Congress that a person convicted of
an offense under section 932 or 933 of title 18, United States Code,
who is affiliated with a gang, cartel, organized crime ring, or other
such enterprise should be subject to higher penalties than an otherwise
unaffiliated individual.
(f) Technical and Conforming Amendment.--The table of sections of
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Straw purchasing of firearms.
``933. Trafficking in firearms.
``934. Forfeiture and fines.''.
SEC. 13103. AMENDMENTS TO SECTION 922(D).
Section 922(d) of title 18, United States Code, is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by striking the matter following paragraph (9) and
inserting the following:
``(10) intends to sell or otherwise dispose of the firearm
or ammunition to a person described in any of paragraphs (1)
through (9); or
``(11) intends to sell or otherwise dispose of the firearm
or ammunition in furtherance of a crime of violence or drug
trafficking offense or to export the firearm or ammunition in
violation of law.
This subsection shall not apply with respect to the sale or disposition
of a firearm or ammunition to a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector who pursuant to
subsection (b) of section 925 is not precluded from dealing in firearms
or ammunition, or to a person who has been granted relief from
disabilities pursuant to subsection (c) of section 925.''.
SEC. 13104. AMENDMENTS TO SECTION 924(A).
Section 924(a) of title 18, United States Code, is amended--
(1) in paragraph (2), by striking ``(d), (g),''; and
(2) by adding at the end the following:
``(8) Whoever knowingly violates subsection (d) or (g) of section
922 shall be fined under this title, imprisoned not more than 15 years,
or both.''.
SEC. 13105. AMENDMENTS TO SECTION 924(H).
Section 924 of title 18, United States Code, is amended by striking
subsection (h) and inserting the following:
``(h)(1) Whoever knowingly receives or transfers a firearm or
ammunition, or attempts or conspires to do so, knowing or having
reasonable cause to believe that such firearm or ammunition will be
used to commit a crime of violence (as defined in subsection (c)(3)), a
drug trafficking crime (as defined in subsection (c)(2)), or a crime
under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.),
or section 212(a)(2)(C) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined
in accordance with this title, or both.
``(2) No term of imprisonment imposed on a person under this
subsection shall run concurrently with any term of imprisonment imposed
on the person under section 932.''.
SEC. 13106. AMENDMENTS TO SECTION 924(K).
Section 924 of title 18, United States Code, is amended by striking
subsection (k) and inserting the following:
``(k)(1) A person who, with intent to engage in or to promote
conduct that--
``(A) is punishable under the Controlled Substances Act (21
U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46;
``(B) violates any law of a State relating to any
controlled substance (as defined in section 102 of the
Controlled Substances Act, 21 U.S.C. 802); or
``(C) constitutes a crime of violence (as defined in
subsection (c)(3)),
smuggles or knowingly brings into the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.
``(2) A person who, with intent to engage in or to promote conduct
that--
``(A) would be punishable under the Controlled Substances
Act (21 U.S.C. 801 et seq.), the Controlled Substances Import
and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title
46, if the conduct had occurred within the United States; or
``(B) would constitute a crime of violence (as defined in
subsection (c)(3)) for which the person may be prosecuted in a
court of the United States, if the conduct had occurred within
the United States,
smuggles or knowingly takes out of the United States, a firearm or
ammunition, or attempts or conspires to do so, shall be imprisoned not
more than 15 years, fined under this title, or both.''.
Subtitle FF--Gun Manufacturers Accountability
SEC. 13201. SHORT TITLE.
This subtitle may be cited as the ``Gun Manufacturers
Accountability Act''.
SEC. 13202. REPEAL OF PROHIBITION ON BRINGING QUALIFIED CIVIL LIABILITY
ACTIONS IN FEDERAL OR STATE COURT.
Sections 2 through 4 of the Protection of Lawful Commerce in Arms
Act (15 U.S.C. 7901-7903; Public Law 109-92) are hereby repealed.
Subtitle GG--Report on Effects of Gun Violence on Public Health
SEC. 13301. REPORT ON EFFECTS OF GUN VIOLENCE ON PUBLIC HEALTH.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Surgeon General of the Public Health
Service shall submit to Congress a report on the effects on public
health of gun violence in the United States during the relevant period,
and the status of actions taken to address such effects.
Subtitle HH--Protecting Domestic Violence and Stalking Victims
SEC. 13401. SHORT TITLE.
This subtitle may be cited as the ``Protecting Domestic Violence
and Stalking Victims Act''.
SEC. 13402. DEFINITIONS OF ``INTIMATE PARTNER'' AND ``MISDEMEANOR CRIME
OF DOMESTIC VIOLENCE'' EXPANDED.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32)--
(A) by striking ``and an individual'' and inserting
``an individual''; and
(B) by inserting ``, or a dating partner (as
defined in section 2266)'' before the period at the
end; and
(2) in paragraph (33)(A)--
(A) by striking ``Except as provided in
subparagraph (C), the'' and inserting ``The'';
(B) in clause (i), by inserting ``municipal,''
after ``State,''; and
(C) in clause (ii)--
(i) by striking ``or by'' and inserting
``by''; and
(ii) by inserting ``, or by a dating
partner (as defined in section 2266) of the
victim'' before the period at the end.
SEC. 13403. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR
SIMILAR ORDER TO WHOM A FIREARM IS PROHIBITED FROM BEING
SOLD OR DISPOSED.
Section 922(d)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued after a hearing of which
such person received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order, relating
to which notice and opportunity to be heard are
provided--
``(I) within the time required by State,
tribal, or territorial law; and
``(II) in any event within a reasonable
time after the order is issued, sufficient to
protect the person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 13404. EXPANSION OF LIST OF PERSONS SUBJECT TO A RESTRAINING OR
SIMILAR ORDER PROHIBITED FROM POSSESSING OR RECEIVING A
FIREARM.
Section 922(g)(8) of title 18, United States Code, is amended--
(1) in the matter preceding subparagraph (A), by striking
``that'';
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A)(i) that was issued after a hearing of which
such person received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order, relating
to which notice and opportunity to be heard are
provided--
``(I) within the time required by State,
tribal, or territorial law; and
``(II) in any event within a reasonable
time after the order is issued, sufficient to
protect the person's right to due process;
``(B) that restrains such person from--
``(i) harassing, stalking, threatening, or
engaging in other conduct that would put an
individual in reasonable fear of bodily injury
to such individual, including an order that was
issued at the request of an employer on behalf
of its employee or at the request of an
institution of higher education on behalf of
its student; or
``(ii) intimidating or dissuading a witness
from testifying in court; and''; and
(3) in subparagraph (C)--
(A) by striking ``intimate partner or child'' each
place it appears and inserting ``individual described
in subparagraph (B)'';
(B) in clause (i), by inserting ``that'' before
``includes''; and
(C) in clause (ii), by inserting ``that'' before
``by its''.
SEC. 13405. STALKING PROHIBITIONS.
(a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 13403 of
this subtitle, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, municipal, territorial, or tribal law;
or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States.''.
(b) Possession, etc., of Firearms or Ammunition.--Section 922(g) of
such title, as amended by section 13404 of this subtitle, is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) has been convicted in any court of--
``(A) a misdemeanor crime of stalking under
Federal, State, municipal, territorial, or tribal law;
or
``(B) a crime that involves conduct which would be
prohibited by section 2261A if committed within the
special maritime and territorial jurisdiction of the
United States,''.
Subtitle II--Raise the Age
SEC. 13501. SHORT TITLE.
This subtitle may be cited as the ``Raise the Age Act''.
SEC. 13502. PROHIBITION ON FEDERAL FIREARMS LICENSEE SELLING OR
DELIVERING CERTAIN SEMIAUTOMATIC CENTERFIRE RIFLES TO A
PERSON UNDER 21 YEARS OF AGE, WITH EXCEPTIONS.
(a) In General.--Section 922(b)(1) of title 18, United States Code,
is amended to read as follows:
``(1)(A) any firearm or ammunition to any individual who
the licensee knows or has reasonable cause to believe has not
attained 18 years of age;
``(B) any semiautomatic centerfire rifle that has or
accepts a magazine with a capacity exceeding 5 rounds, to any
individual who the licensee knows or has reasonable cause to
believe has not attained 21 years of age and is not a qualified
individual; or
``(C) if the firearm or ammunition is not a semiautomatic
centerfire rifle described in subparagraph (B) and is other
than a shotgun or rifle, or ammunition for a shotgun or rifle,
to any individual who the licensee knows or has reasonable
cause to believe has not attained 21 years of age;''.
(b) Conforming Amendment.--Section 922(c)(1) of such title is
amended by striking ``in the case of any firearm'' and all that follows
through ``eighteen years or more of age'' and inserting ``in the case
of a semiautomatic centerfire rifle that has or accepts a magazine with
a capacity exceeding 5 rounds, I am at least 21 years of age or a
qualified individual (as defined in section 921(a)(30) of title 18,
United States Code), in the case of a firearm other than a
semiautomatic centerfire rifle that has or accepts a magazine with a
capacity exceeding 5 rounds, a shotgun or a rifle, I am at least 21
years of age, or that, in the case of a shotgun or a rifle, I am at
least 18 years of age''.
(c) Qualified Individual Defined.--Section 921(a) of such title is
amended by inserting after paragraph (29) the following:
``(30) The term `qualified individual' means--
``(A) a member of the Armed Forces on active duty; and
``(B) a full-time employee of the United States, a State,
or a political subdivision of a State who in the course of his
or her official duties is authorized to carry a firearm.''.
SEC. 13503. OPERATION OF THE FEDERAL BUREAU OF INVESTIGATION'S PUBLIC
ACCESS LINE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of the Federal Bureau of Investigation (in
this section referred to as the ``FBI'') shall submit to the Committee
on the Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report regarding operation of the FBI's
public access line.
(b) Matters Included.--The report required by subsection (a) shall,
at a minimum, include the following:
(1) A description of the protocols and procedures in effect
with respect to information-sharing between the public access
line and the field offices of the FBI.
(2) Recommendations for improving the protocols and
procedures to improve the information-sharing.
Subtitle JJ--National Gun Violence Research
SEC. 13601. SHORT TITLE.
This subtitle may be cited as the ``National Gun Violence Research
Act''.
SEC. 13602. FINDINGS.
Congress makes the following findings:
(1) In the last 50 years, more individuals in the United
States have died from gunshots than in all wars in which the
United States was a combatant, combined.
(2) The rate of gun violence deaths in the United States is
more than double that of other high-income nations.
(3) Guns accounted for 74 percent of homicides and 51
percent of suicides in 2016, totaling over 37,000 deaths in the
United States.
(4) Gun violence disproportionately affects racial
minorities, with African Americans comprising nearly 60 percent
of homicide victims and 22 percent of unintentional injury
deaths in 2016.
(5) Provisions in appropriations Acts dating back to 1996
have had a chilling effect on Federal funding for research on
gun violence across the Federal Government and, as a result,
research on gun violence is significantly underfunded relative
to other leading causes of death.
(6) Research examining the nature, causes, consequences,
and prevention of gun-related violence, suicide, and
unintentional injury and death does not constitute advocacy in
support of, or opposition to, gun control policies or
regulations.
(7) More research and high-quality data relating to gun
violence are needed to inform the development of effective
strategies to reduce the incidence of gun-related injury and
death.
SEC. 13603. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the Office of Science and Technology Policy.
(2) 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 (20
U.S.C. 1001).
(3) Program.--The term ``Program'' means the National Gun
Violence Research Program established under section 13605.
SEC. 13604. RESEARCH AND DATA RESTRICTIONS REPEAL.
(a) Gun Trace Data.--
(1) The matter under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title I of division B of the Consolidated and Further
Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public
Law 112-55; 125 Stat. 609-610) is amended by striking the 6th
proviso.
(2) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated Appropriations Act,
2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128-
3129) is amended by striking ``beginning in fiscal year 2010
and thereafter'' and inserting ``in fiscal year 2010''.
(3) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Omnibus Appropriations Act, 2009
(18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is
amended by striking ``beginning in fiscal year 2009 and
thereafter'' and inserting ``in fiscal year 2009''.
(4) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title II of division B of the Consolidated Appropriations Act,
2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903-
1904) is amended by striking ``beginning in fiscal year 2008
and thereafter'' and inserting ``in fiscal year 2008''.
(5) The 6th proviso under the heading ``Bureau of Alcohol,
Tobacco, Firearms and Explosives--Salaries and Expenses'' in
title I of the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public
Law 109-108; 119 Stat. 2295-2296) is amended by striking ``with
respect to any fiscal year''.
(6) The 6th proviso under the heading in title I of
division B of the Consolidated Appropriations Act, 2005 (18
U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859-2860) is
amended by striking ``with respect to any fiscal year''.
(b) Department of Health and Human Services.--Notwithstanding any
other provision of law, funds made available to the Department of
Health and Human Services, including the Centers for Disease Control
and Prevention and the National Institutes of Health, may be used to
conduct research with respect to gun violence.
SEC. 13605. RESEARCH PROGRAM.
(a) Establishment.--The President, acting through the Director,
shall develop and implement a program to improve public health and
safety through research on gun violence (to be known as the ``National
Gun Violence Research Program''), through activities carried out in
collaboration with covered agencies that--
(1) support gun violence research;
(2) accelerate the translation of gun violence research
into effective policy interventions to reduce the incidence of
injury and death related to guns;
(3) expand the number of researchers and students in the
field of gun violence research; and
(4) improve interagency planning and coordination of
Federal Government activities relating to gun violence
research.
(b) Program Activities.--A covered agency, in carrying out
activities described in subsection (a), shall--
(1) award grants to individual investigators and
interdisciplinary teams of investigators for projects related
to gun violence research;
(2) support projects funded under joint solicitations by a
collaboration of no fewer than two covered agencies;
(3) establish interdisciplinary research centers that are
organized to investigate basic research questions and inform
policy decisions relating to gun violence;
(4) provide for the education and training of undergraduate
students, graduate students, and postdoctoral scholars in gun
violence research; and
(5) promote the development of voluntary consensus gun
safety technical standards.
(c) Interagency Working Group.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President, acting through the
National Science and Technology Council, shall establish an
interagency working group on gun violence research.
(2) Composition.--The working group established under this
subsection shall be chaired by the Director and include
representatives from--
(A) the National Science Foundation;
(B) the National Institute of Standards and
Technology;
(C) the National Institutes of Health;
(D) the Centers for Disease Control and Prevention;
(E) the National Institute of Justice; and
(F) any other Federal agency (including an agency,
department, or service thereof) that the Director
considers appropriate.
(3) Duties.--The Working Group shall--
(A) oversee the planning, management, and
coordination of the Program;
(B) provide for coordination among covered agencies
of Federal gun violence research and other activities
undertaken pursuant to the Program;
(C) establish and periodically update goals and
priorities for the Program;
(D) develop, not later than 12 months after the
date of enactment of this Act, and update every 5
years, a strategic plan to guide the activities of the
Program to meet the goals and priorities established
under subparagraph (C).
(d) Advisory Committee.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Director of the Office of Science and Technology Policy, shall
establish an advisory committee on gun violence research.
(2) Composition.--The advisory committee established under
paragraph (1) shall be composed of not less than 12 members,
including representatives of research institutions,
institutions of higher education, industry, law enforcement,
and relevant nonprofit organizations who are qualified to
provide advice on the Program.
(3) Duties.--The advisory committee established under
subsection (a) shall assess--
(A) the management, coordination, implementation,
and activities of the Program;
(B) the balance of activities and funding across
the Program;
(C) whether the Program priorities and goals
developed by the working group established under
subsection (c)(3) are helping to improve public health
and safety; and
(D) the need to revise the Program.
(e) Covered Agency Defined.--In this section, the term ``covered
agency'' means--
(1) the National Science Foundation;
(2) the National Institute for Standards and Technology;
(3) the Centers for Disease Control and Prevention;
(4) the National Institutes of Health;
(5) the National Institute of Justice; and
(6) such other Federal agency as determined appropriate by
the Director of the Office of Science and Technology Policy.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Director to carry out this section $200,000 for
each of fiscal years 2019 through 2024.
SEC. 13606. AGENCY ACTIVITIES.
(a) National Science Foundation.--
(1) Research.--The Director of the National Science
Foundation shall award grants, on a competitive basis, to
institutions of higher education or nonprofit organizations (or
consortia of such institutions or organizations)--
(A) to support multidisciplinary research to better
understand the nature, causes, and consequences of
violence, including violence, suicide, unintended
injury, and death involving guns;
(B) to examine the effects of gun policy
interventions on--
(i) rates of suicide, homicide, and
unintended injury and death;
(ii) individuals' ability to use guns for
self-defense, hunting, and recreation; and
(iii) the gun industry; and
(C) to educate and train researchers in the field
of violence, including gun violence, research.
(2) National center for violence research.--The Director of
the National Science Foundation shall award grants on a
competitive basis to institutions of higher education or
nonprofit organizations (or consortia of such institutions or
organizations) to establish one or more centers to conduct
multidisciplinary research and education activities in support
of the goals and priorities of the Program (to be known as
``National Center for Violence Research'').
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2019 through 2024.
(b) National Institute of Standards and Technology.--
(1) Voluntary consensus standards.--The Secretary of
Commerce, acting through the Director of the National Institute
of Standards and Technology, shall establish a program to
promote the development of voluntary consensus gun safety
technical standards. Such effort shall include--
(A) outreach, coordination, and technical support
to relevant industry and nonindustry stakeholders and
standards development organizations to assist such
entities in the development of voluntary consensus gun
safety technical standards;
(B) the conduct of research to support efforts to
develop and improve such standards and conformity
assessment; and
(C) the development of such standard reference
material as the Director determines is necessary to
further the development of such standards.
(2) Prohibition on regulation.--Nothing in this subtitle
shall be construed as conferring upon the Secretary of Commerce
any authority to establish or enforce mandatory gun safety
standards.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
each of fiscal years 2019 through 2024.
(c) Department of Health and Human Services.--
(1) In general.--The Secretary of Health and Human
Services, acting through the Director of the National
Institutes of Health, the Director of the Centers for Disease
Control and Prevention, and other scientific agencies within
the Department of Health and Human Services, shall award grants
on a competitive basis to conduct or support research into the
nature, causes, consequences, and prevention of gun violence.
(2) Appropriations.--There is authorized to be appropriated
to the Secretary of Health and Human Services to carry out this
subsection $20,000,000 for each of fiscal years 2019 through
2024.
(d) Department of Justice.--
(1) Research.--The Attorney General of the United States,
acting through the National Institute of Justice, shall conduct
or sponsor research into the nature, causes, consequences, and
prevention of gun violence.
(2) Competition.--The Attorney General of the United
States, acting through the National Institute of Justice, shall
sponsor an inducement prize competition under section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719) to demonstrate through testing and evaluation the
reliability of guns and gun accessories with integrated
advanced gun safety technology (commonly referred to as smart
guns, user-authorized handguns, childproof guns, and
personalized guns).
(3) Trace data.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General, in
collaboration with the Secretary of the Department of
Health and Human Services, shall develop consensus
protocols for granting researchers access to gun trace
data while protecting the confidentiality of gun owners
and dealers.
(B) Data sharing.--Not later than 1 year after the
date of enactment of this Act, the Attorney General,
acting through the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, shall commence sharing with
researchers according to the protocols developed under
subparagraph (A), the contents of the Firearms Trace
System database and information required to be kept by
licensees pursuant to section 923(g) of title 18,
United States Code, or required to be reported pursuant
to paragraphs (3) and (7) of such section 923(g).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $3,000,000 for
each of fiscal years 2019 through 2024.
Subtitle KK--Secure Communities and Safe Schools
SEC. 13701. SHORT TITLE.
This subtitle may be cited as the ``Secure Communities and Safe
Schools Act''.
SEC. 13702. PROHIBITION ON EXPENDITURE OF CERTAIN HOMELAND SECURITY
GRANT FUNDS TO PURCHASE FIREARMS.
Subsection (b) of section 2008 of the Homeland Security Act of 2002
(6 U.S.C. 609) is amended by adding at the end the following new
paragraph:
``(6) Firearms.--A grant awarded under section 2003 or 2004
may not be used to purchase firearms or firearms accessories,
such as ammunition, including for use by teachers.''.
Subtitle LL--Law Enforcement Protection
SEC. 13801. SHORT TITLE.
This subtitle may be cited as the ``Law Enforcement Protection Act
of 2020''.
SEC. 13802. ARMOR-PIERCING, CONCEALABLE WEAPONS.
(a) In General.--Section 5845(a) of the Internal Revenue Code of
1986 is amended by striking ``and (8)'' and inserting ``; (8) an armor-
piercing, concealable weapon; and (9)''.
(b) Armor-Piercing, Concealable Weapon.--Section 5845 of such Code
is amended by adding at the end the following new subsection:
``(n) Armor-Piercing, Concealable Weapon.--The term `armor-
piercing, concealable weapon' means any weapon or device capable of
being concealed on the person and from which can be discharged through
the energy of an explosive any of the following rounds:
``(1) .450 Bushmaster.
``(2) 5.56mm (including the 5.56x45mm NATO and .223
Remington).
``(3) 7.62mm (including the 7.62x39mm, .308 Winchester,
7.62 NATO, 7.62x51mm NATO, .30 carbine, 7.62x33mm, or 300 AAC
Blackout).
``(4) .50 BMG.
``(5) 5.7x28mm.
``(6) Any other round determined by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to be capable of, when fired
by such weapon or device, penetrating the standard body armor
worn by law enforcement officers.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Application to possession on date of enactment.--
Notwithstanding paragraph (1), any person on the date of the
enactment of this Act possessing a device described in section
5845(a)(8) of the Internal Revenue Code of 1986 (as amended by
this subtitle) shall, not later than the end of the 18th month
beginning after the date of the enactment of this Act, register
such device with the Secretary of the Treasury and include with
such registration the information required under section
5841(a) of such Code. Such registration shall become a part of
the National Firearms Registration and Transfer Record required
to be maintained by such section.
SEC. 13803. USE OF NATIONAL FIREARMS ACT TAXES.
Part I of subchapter B of chapter 53 of the Internal Revenue Code
of 1986 is amended redesignating section 5849 as section 5850 and by
inserting after section 5847 the following new section:
``SEC. 5849. USE OF TAXES.
``To carry out the purposes of this chapter and to supplement
appropriations otherwise made available for such purposes, the Bureau
of Alcohol, Tobacco, Firearms, and Explosives may spend the amounts
collected under subchapter A for fiscal years 2019 and thereafter.''.
Subtitle MM--Corey Jones
SEC. 13901. SHORT TITLE.
This subtitle may be cited as the ``Corey Jones Act''.
SEC. 13902. FINDINGS.
Congress finds the following:
(1) Corey Jones of Lake Worth, Florida, was shot and killed
by a plainclothes law enforcement officer operating an unmarked
vehicle on October 18, 2015.
(2) Mr. Jones was legally and peacefully pulled to the side
of the road while he awaited roadside assistance at
approximately 3 a.m. in the morning because his car had broken
down.
(3) While Mr. Jones awaited roadside assistance, he was
approached by a law enforcement officer driving an unmarked van
and dressed in plainclothes.
(4) Mr. Jones would not have had any reasonable reason to
believe that the person in plainclothes driving the unmarked
vehicle was a law enforcement officer.
(5) Any confusion as to the nature of the law enforcement
officer's interaction with Mr. Jones could likely have been
avoided had a uniformed officer in a marked vehicle been called
to the scene.
(6) Tragic incidents like the death of Mr. Jones can easily
be avoided by prohibiting law enforcement officers in
plainclothes or law enforcement officers in plainclothes and
unmarked vehicles from engaging in routine traffic stops.
SEC. 13903. ENSURING THE SAFETY OF THE PUBLIC AND LAW ENFORCEMENT
OFFICERS DURING ROUTINE TRAFFIC STOPS INVOLVING UNMARKED
VEHICLES AND PLAINCLOTHES OFFICERS.
(a) Certification Required.--Section 1702 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period and
inserting ``; and'' at the end; and
(C) by adding at the end the following:
``(12) certify that no law enforcement agency that will
receive grant funds from the applicant allows law enforcement
officers to engage in routine traffic stops while in
plainclothes or while in plainclothes and in a police vehicle
that is unmarked or that otherwise is not clearly identified as
a police vehicle.''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting after ``1 or
more of the requirements of subsection (c)'' the
following ``(other than paragraph (12)'';
(B) in paragraph (2), by inserting after ``1 or
more of the requirements of subsection (c)'' the
following ``(other than paragraph (12)''; and
(C) by adding at the end the following:
``(3) No waiver of plainclothes certification.--The
Attorney General may not waive the requirement under subsection
(c)(12).''.
(b) Civil Action.--If the Attorney General determines, as a result
of the reviews required by section 1705 of the Omnibus Crime Control
and Safe Streets Act of 1968, that a law enforcement officer has
engaged in conduct that violates a certification under section
1702(c)(12) of such Act applicable to that law enforcement officer, and
such conduct has resulted in serious injury or death to any person,
that person may bring a civil action against that law enforcement
officer and any grantee under part Q of title I of such Act that is a
grantee that is a State, unit of local government, Indian tribal
government, or other entity with direct authority over that law
enforcement officer.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Attorney General of the United States shall submit to
Congress a report that includes data relating to the number and nature
of incidences where a law enforcement officer dressed in plainclothes
or dressed in plainclothes and operating an unmarked vehicle, engaged
in a routine traffic stop that resulted in injury or death.
Subtitle NN--Break the Cycle of Violence Act
SEC. 14001. SHORT TITLE.
This subtitle may be cited as the ``Break the Cycle of Violence
Act''.
SEC. 14002. FINDINGS.
Congress finds the following:
(1) Gun violence is a significant public health and safety
concern nationwide and is a leading cause of death for people
in the United States of nearly all ages.
(2) From 2012 to 2017, over 105,000 people in the United
States were murdered. Nearly \3/4\ of these victims were
murdered with a gun. Hundreds of thousands more were
hospitalized or treated in emergency departments after
surviving life-changing gunshot injuries.
(3) Gun violence has sharply increased in the United States
in recent years. Gun homicide rates spiked by 30 percent
between 2014 and 2017, driven by large spikes in violence in
some cities in the United States.
(4) Shootings, homicides, and group-related violence are
disproportionately concentrated in the poorest and most
segregated urban areas of the Nation, and have an enormously
disproportionate impact on young people of color in particular.
From 2012 to 2017, African-American children and teens were 14
times as likely to be shot to death as their White peers.
Hispanic children and teens and Native American children and
teens were both nearly 3 times as likely to be shot to death as
their White peers.
(5) African-American men make up just 6 percent of the
population in the United States, but account for more than 50
percent of all gun homicide victims each year.
(6) Violence is responsible for half of all deaths among
young African-American men, ages 15 through 24, as many as
every other cause of death combined.
(7) This violence imposes enormous human, social, and
economic costs. Nationwide, the annual societal cost of firearm
violence was estimated at $229,000,000,000 per year in 2012.
Economists estimate that each firearm homicide generates
hundreds of thousands of dollars in direct public costs,
including medical care and criminal justice expenses.
(8) Several evidence-based violence intervention strategies
have demonstrated remarkable success at interrupting entrenched
cycles of violence, victimization, and retaliation. These
strategies reflect the important fact that in most cities, the
vast majority of violence is perpetrated by a relatively small
number of identifiable groups or individuals that comprise less
than 0.5 percent of the city's total population.
(9) When properly implemented and consistently funded,
coordinated, evidence-based strategies focused on interrupting
cycles of violence among individuals at highest risk can
produce life-saving and cost-saving results in a short period
of time without contributing to mass incarceration. Multiple
cities have substantially reduced community violence in recent
years by implementing such strategies, including the following:
(A) Hospital-based violence intervention programs
(referred to in this section as ``HVIP''), which work
to break cycles of violence by providing intensive
counseling, peer support, case management, mediation,
and social services to patients recovering from gunshot
wounds and other violent injuries. Research has shown
that violently injured patients are at high risk of
retaliating with violence themselves and being
revictimized by violence in the near future.
Evaluations of HVIPs have found that patients who
received HVIP services were 4 times less likely to be
convicted of a violent crime and roughly 4 times less
likely to be subsequently reinjured by violence than
patients who did not receive HVIP services.
(B) Evidence-based street outreach programs, which
treat gun violence as a communicable disease and work
to interrupt its transmission among community members.
These public health-centered initiatives use street
outreach workers to build relationships with high-risk
individuals in their communities and connect them with
intensive counseling, mediation, peer support, and
social services in order to reduce their risk of
violence. Evaluations have found that these programs
are associated with significant reductions in gun
violence, with some sites reporting up to 70-percent
reductions in homicides or assaults.
(C) Strategies, including group violence
interventions (referred to in this section as ``GVI''),
which are a form of problem-oriented policing that
provides targeted social services and support to
individuals at highest risk for involvement in
community violence, and a process for community members
to voice a clear demand for the violence to stop. This
approach coordinates law enforcement, service
providers, and community engagement efforts to reduce
violence among a small, identifiable segment of the
population that is responsible for the vast majority of
gun violence in most cities. In one evaluation of the
GVI program in Boston, researchers found a 63-percent
reduction in youth homicides and a 25-percent decline
in monthly gun assaults across the city. Other studies
have found that GVI programs were associated with
homicide reductions of up to 60 percent.
(10) These strategies are often most effective when local
officials and dedicated staff work to coordinate stakeholders,
relevant public agencies, and service providers. Mayors in
cities like Los Angeles and New York have established city
departments that are primarily dedicated to violence
prevention, and their offices have played a critical role in
ensuring cross-agency collaboration and information-sharing.
(11) These strategies are also most effective when they
receive consistent funding. For example, large cuts in funding
for violence prevention programs in Chicago in 2008, 2012, and
2015 through 2016 corresponded with large spikes in homicides
in those years. Similarly, the city of Stockton, California,
saw an increase in homicides after discontinuing funding for
its highly successful GVI program. When Stockton's funding was
restored, homicides decreased.
(12) A national strategy for reducing gun violence must
include substantial and targeted Federal funding to expand and
replicate the most effective strategies in communities most
impacted by violence.
(13) At present, however, these strategies are implemented
in only a handful of cities and are funded through an
unreliable patchwork of discretionary grant programs. The
current level of Federal funding to support the scaling of
these strategies is woefully inadequate.
(14) Intentional and sustained investments in evidence-
based violence reduction strategies can reverse recent crime
trends, help to heal impacted communities, and reduce the
enormous human and financial costs of violence, without
contributing to mass incarceration.
SEC. 14003. COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAM GRANTS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance.
(2) Eligible unit of local government.--The term ``eligible
unit of local government'' means a unit of local government
that--
(A) for not less frequently than two out of the 3
years preceding the grant application, experienced
twenty or more homicides per year and had a homicide
rate that was not less than double the national
average; or
(B) demonstrates a unique and compelling need for
additional resources to address gun and group-related
violence within the community of the unit of local
government.
(b) Grants.--The Director shall award Community-Based Violence
Intervention Program grants to support, enhance, and replicate
coordinated violence reduction initiatives in units of local government
that are disproportionately impacted by gun and group-related violence.
(c) Eligibility.--The Director shall award grants under this
section on a competitive basis to--
(1) eligible units of local government; and
(2) community-based organizations that serve the residents
of an eligible unit of local government.
(d) Use of Funds.--
(1) In general.--A grant awarded under this section shall
be used to implement coordinated violence reduction
initiatives, through strategies such as hospital-based violence
intervention, evidence-based street outreach, and group
violence intervention.
(2) Requirements.--A coordinated violence reduction
initiative implemented using grant funds awarded under this
section shall--
(A) be primarily focused on providing community-
based violence intervention services to the small
portion of a grantee's community who are, regardless of
age, identified as having the highest risk of
perpetrating or being victimized by gun or group-
related violence in the near future; and
(B) use strategies that are evidence-based and have
demonstrated effectiveness at reducing violence.
(e) Application Requirements.--Each applicant for a grant under
this section shall submit a grant proposal, which shall, at a minimum--
(1) describe how the applicant proposes to use the grant to
implement a coordinated violence reduction initiative in
accordance with this section;
(2) describe how the applicant proposes to use the grant to
promote or improve coordination between relevant agencies and
community organizations in order to minimize duplication of
services and achieve maximum impact;
(3) provide evidence indicating that the proposed violence
reduction initiative would likely reduce gun and group-related
violence; and
(4) in the case of a unit of local government applicant,
demonstrate strong support within the unit of local government
for the proposed violence reduction initiative, such as letters
of support from--
(A) the mayor or chief executive officer;
(B) the chief of police;
(C) the local health department director; and
(D) the director of one or more community-based
organizations that provide services to individuals at
high risk of violence in the area.
(f) Prioritization.--In awarding grants under this section, the
Director shall give preference to applicants whose grant proposals
demonstrate the greatest likelihood of reducing gun and group-related
violence in the community of the applicant without contributing to mass
incarceration.
(g) Grant Duration.--A grant awarded under this section shall be
for a 5-year period.
(h) Grant Award.--The amount of funds awarded to an applicant under
this section shall be commensurate with the scope of the proposal of
the applicant and the demonstrated need for additional resources to
effectively reduce gun and group-related violence in the community of
the applicant.
(i) Matching Funds Required.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Federal share of each grant awarded under this section
shall be 75 percent of the eligible costs incurred by the grant
recipient.
(2) Exemption from requirement.--Paragraph (1) shall not
apply to a grant awarded to community-based organization under
subsection (c)(2).
(3) Waiver.--The Federal share of a grant awarded to a unit
of local government under subsection (c)(1) may be up to 100
percent if the Director determines there is good cause to waive
the Federal share requirement in paragraph (1) of this
subsection.
(j) Community Partnerships.--Each unit of local government awarded
a grant under this section shall distribute not less than 50 percent of
the grant funds received under this section to--
(1) one or more community-based organizations that provide
services to individuals at high risk of perpetrating or being
victimized by violence; or
(2) a public agency or department that is not a law
enforcement agency, but that is an agency or department
primarily dedicated to the prevention of violence or community
safety.
(k) Reports.--Not later than 1 year after the date on which the
first 5-year grant period under this section ends, the Director shall
publish a report identifying best practices for cities implementing
evidence-based violence intervention initiatives.
(l) Rewarding Success.--
(1) In general.--The Director may reserve not more than 10
percent of the funds appropriated for a fiscal year under
subsection (o) for supplemental incentive funds to be
distributed to grantees outside the competitive grant process
in accordance with paragraph (2).
(2) Distribution of additional funds.--The Director may
distribute amounts reserved under paragraph (1), in the
discretion of the Director, to a grantee under subsection (b)
that has--
(A) implemented the grant for not less than 2
years;
(B) demonstrated exceptional commitment and
progress toward implementing the violence reduction
initiatives of the grantee; and
(C) shown that the grantee would likely achieve
more substantial reductions in violence with additional
Federal funding.
(3) Federal share.--Subsection (i) shall not apply to any
amounts distributed to a grantee under this subsection.
(4) Explanation of distribution.--Upon distributing
supplemental incentive funds to a grantee, the Director shall
publish a statement on the website of the Bureau of Justice
Assistance that clearly explains the basis for the decision to
award these funds to a particular grantee.
(m) Evaluation and Technical Assistance.--The Director may reserve
not more than 8 percent of the funds appropriated for a fiscal year
under subsection (o) for the purpose of--
(1) contracting with or hiring technical assistance
providers with experience implementing community-based violence
reduction initiatives; and
(2) contracting with independent researchers to evaluate
the performance and impact of selected initiatives supported by
the Community-Based Violence Intervention Program grant, and
such evaluations shall be made publicly available on the
website of the Bureau of Justice Assistance.
(n) Nonsupplanting Clause.--A grantee receiving a grant under this
section shall use the grant to supplement, and not supplant, the amount
of funds the grantee would otherwise dedicate to reducing gun and
group-related violence in the community of the grantee.
(o) Authorization of Appropriations.--There are authorized to be
appropriated to the Bureau of Justice Assistance, in addition to any
amounts otherwise authorized to be appropriated or made available to
the Bureau of Justice Assistance, $65,000,000 for each of fiscal years
2020 through 2029.
SEC. 14004. HOSPITAL-BASED VIOLENCE INTERVENTION GRANTS.
(a) Grants.--The Director of the National Institutes of Health
(referred to in this section as the ``Director'') shall award grants on
a competitive basis to support hospital-based or hospital-linked
violence intervention programs that work to interrupt cycles of
violence and reduce risk of violent injury and retaliation among
patients identified as being at highest risk for involvement in
community violence.
(b) Eligibility.--Grants shall be made available under this section
to private and public hospitals that treat at least 250 patients
annually for firearm assault or stabbing injuries, and to community-
based organizations that operate violence intervention programs in such
hospitals.
(c) Priority.--In awarding grants under this section, the Director
shall give priority to nonprofit hospitals that serve communities with
the highest incidence of violent injury and injury recidivism, and
community-based organizations that operate violence intervention
programs in such hospitals.
(d) Grant Requirements.--
(1) In general.--Each grant awarded under this section
shall be used to implement or enhance a hospital-based or
hospital-linked violence intervention program, to reduce risk
of violent injury and retaliatory violence among patients
identified as being at highest risk for involvement in
community violence.
(2) Other requirements.--Any program supported by this
grant shall be evidence-informed and implemented in accordance
with standards prescribed by the Director, in consultation with
the Health Alliance for Violence Intervention.
(e) Application Requirements.--Each application for a grant under
this section shall describe--
(1) how the applicant proposes to use the grant to
implement or enhance a hospital-based or hospital-linked
violence intervention program in accordance with this section;
and
(2) how the applicant plans to coordinate its violence
intervention program with other relevant stakeholders or
violence intervention programs in the community, if any, to
maximize impact and minimize duplication of services.
(f) Grant Duration.--A grant awarded under this section shall be
for a 5-year period.
(g) Evaluation and Technical Assistance.--The Director may reserve
not more than 10 percent of the funds appropriated under subsection (i)
for the purpose of contracting with or hiring technical assistance
providers with experience implementing hospital-based or hospital-
linked violence intervention initiatives, and for the purpose of
contracting with independent researchers to evaluate the performance
and impact of selected programs supported by grants awarded under this
section. Such evaluations shall be made publicly available on the
internet website of the National Institutes of Health.
(h) Nonsupplanting Clause.--An entity receiving a grant under this
section shall use such grant to supplement, and not supplant, funds
otherwise available to support violence intervention programs of the
entity.
(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated, in addition to any amounts
otherwise made available to the National Institutes of Health,
$25,000,000 for each of fiscal years 2020 through 2029.
SEC. 14005. SENSE OF CONGRESS REGARDING SERVICES FOR VICTIMS OF VIOLENT
CRIME.
It is the sense of Congress that--
(1) hospital-based and hospital-linked violence
intervention programs have shown effective results as a
strategy in reducing violently injured crime victims' risk of
injury recidivism and retaliation; and
(2) young men of color are disproportionately victimized by
violent crime and gun and group-related violence in particular,
but are frequently underserved by the victim services field.
Subtitle OO--Protecting the Health and Wellness of Babies and Pregnant
Women In Custody Custody
SEC. 14101. SHORT TITLE.
This subtitle may be cited as the ``Protecting the Health and
Wellness of Babies and Pregnant Women in Custody Act''.
SEC. 14102. DATA COLLECTION.
(a) In General.--Beginning not later than 1 year after the date of
the enactment of this Act, pursuant to the authority under section 302
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10132), the Director of the Bureau of Justice Statistics shall include
in the National Prisoner Statistics Program and Annual Survey of Jails
statistics relating to the health needs of incarcerated pregnant women
in the criminal justice system at the Federal, State, tribal, and local
levels, including--
(1) demographic and other information about incarcerated
women who are pregnant, in labor, or in postpartum recovery,
including the race, ethnicity, and age of the pregnant woman;
(2) the provision of pregnancy care and services provided
for such women, including--
(A) whether prenatal, delivery, and post-delivery
check-up visits were scheduled and provided;
(B) whether a social worker, psychologist, doula or
other support person, or pregnancy or parenting program
was offered and provided during pregnancy and delivery;
(C) whether a nursery or residential program to
keep mothers and infants together post-delivery was
offered and whether such a nursery or residential
program was provided;
(D) the number of days the mother stayed in the
hospital post-delivery;
(E) the number of days the infant remained with the
mother post-delivery; and
(F) the number of days the infant remained in the
hospital after the mother was discharged;
(3) the location of the nearest hospital with a licensed
obstetrician-gynecologist in proximity to where the inmate is
housed and the length of travel required to transport the
inmate;
(4) whether a written policy or protocol is in place to
respond to unexpected childbirth, labor, deliveries, and
medical complications related to the pregnancies of
incarcerated pregnant women and for incarcerated pregnant women
experiencing labor or medical complications related to
pregnancy outside of a hospital;
(5) the number of incarcerated women who are determined by
a health care professional to have a high-risk pregnancy;
(6) the total number of incarcerated pregnant women and the
number of incarcerated women who became pregnant while
incarcerated;
(7) the number of incidents in which an incarcerated woman
who is pregnant, in labor, or in postpartum recovery is placed
in restrictive housing, the reason for such restriction or
placement, and the circumstances under which each incident
occurred, including the duration of time in restrictive
housing, during--
(A) pregnancy;
(B) labor;
(C) delivery;
(D) postpartum recovery; and
(E) the 6-month period after delivery; and
(8) the disposition of the custody of the infant post-
delivery.
(b) Personally Identifiable Information.--Data collected under this
paragraph may not contain any personally identifiable information of
any incarcerated pregnant woman.
SEC. 14103. CARE FOR FEDERALLY INCARCERATED WOMEN RELATED TO PREGNANCY
AND CHILDBIRTH.
(a) In General.--The Director of the Bureau of Prisons shall ensure
that appropriate services and programs are provided to women in
custody, to address the health and safety needs of such women related
to pregnancy and childbirth. The warden of each Bureau of Prisons
facility that houses women shall ensure that these services and
programs are implemented for women in custody at that facility.
(b) Services and Programs Provided.--The Director of the Bureau of
Prisons shall ensure that the following services and programs are
available to women in custody:
(1) Access to complete appropriate health services for the
life cycle of women.--The Director of the Bureau of Prisons
shall provide to each woman in custody who is of reproductive
age pregnancy testing, contraception, and testing for sexually
transmitted diseases and provide each woman with the option to
decline such services.
(2) Compliance with protocols relating to health of a
pregnant woman.--On confirmation of the pregnancy of a woman in
custody by clinical diagnostics and assessment, the chief
health care professional of a Bureau of Prisons facility that
houses women shall ensure that a summary of all appropriate
protocols directly pertaining to the safety and well-being of
the woman are provided to the woman and that such protocols are
complied with, including an assessment of undue safety risks
and necessary changes to accommodate the woman where and when
appropriate, as it relates to--
(A) housing or transfer to a lower bunk for safety
reasons;
(B) appropriate bedding or clothing to respond to a
woman's changing physical requirements and the
temperature in housing units;
(C) regular access to water and bathrooms;
(D) a diet that complies with the nutritional
standards established by the Secretary of Agriculture
and the Secretary of Health and Human Services in the
Dietary Guidelines for Americans report published
pursuant to section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C.
5341(a)(3)), and that includes--
(i) any appropriate dietary supplement,
including prenatal vitamins;
(ii) timely and regular nutritious meals;
(iii) additional caloric content in meals
provided;
(iv) a prohibition on withholding food from
an incarcerated pregnant woman or serving any
food that is used as a punishment, including
nutraloaf or any food similar to nutraloaf that
is not considered a nutritious meal; and
(v) such other modifications to the diet of
the woman as the Director of the Bureau of
Prisons determines to be necessary after
consultation with the Secretary of Health and
Human Services and consideration of such
recommendations as the Secretary may provide;
(E) modified recreation and transportation, in
accordance with standards within the obstetrical and
gynecological care community, to prevent overexertion
or prolonged periods of inactivity; and
(F) such other changes to living conditions as the
Director of the Bureau of Prisons may require after
consultation with the Secretary of Health and Human
Services and consideration of such recommendations as
the Secretary may provide.
(3) Education and support services.--
(A) Pregnancy in custody.--In the case of a woman
who is pregnant at intake or who becomes pregnant while
in custody, that woman shall, at intake or not later
than 48 hours after pregnancy is confirmed, as
appropriate, receive prenatal education, counseling,
and birth support services provided by a provider
trained to provide such services, including--
(i) information about the parental rights
of the woman, including the right to place the
child in kinship care, and notice of the rights
of the child;
(ii) information about family preservation
support services that are available to the
woman;
(iii) information about the nutritional
standards referred to in paragraph (2)(D);
(iv) information pertaining to the health
and safety risks of pregnancy, childbirth, and
parenting, including postpartum depression;
(v) information on breastfeeding,
lactation, and breast health;
(vi) appropriate educational materials,
resources, and services related to pregnancy,
childbirth, and parenting;
(vii) information and notification services
for incarcerated parents regarding the risk of
debt repayment obligations associated with
their child's participation in social welfare
programs, including assistance under any State
program funded under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.) or
benefits under the supplemental nutrition
assistance program, as defined in section 3 of
the Food and Nutrition Act of 2008 (7 U.S.C.
2012), or any State program carried out under
that Act; and
(viii) information from the Office of Child
Support Enforcement of the Department of Health
and Human Services regarding seeking or
modifying child support while incarcerated,
including how to participate in the Bureau of
Prison's Inmate Financial Responsibility
Program under subpart B of title 28, Code of
Federal Regulations (or any successor program).
(B) Birth while in custody or prior to custody.--In
the case of a woman who gave birth in custody or who
experienced any other pregnancy outcome during the 6-
month period immediately preceding intake, that woman
shall receive counseling provided by a licensed or
certified provider trained to provide such services,
including--
(i) information about the parental rights
of the woman, including the right to place the
child in kinship care, and notice of the rights
of the child; and
(ii) information about family preservation
support services that are available to the
woman.
(4) Testing.--Not later than 1 day after an incarcerated
woman notifies an employee of the Bureau of Prisons that the
woman may be pregnant, a Bureau of Prisons healthcare care
professional shall administer a pregnancy test to determine
whether the woman is pregnant.
(5) Evaluations.--Each woman in custody who is pregnant or
whose pregnancy results in a birth or any other pregnancy
outcome during the 6-month period immediately preceding intake
or any time in custody thereafter shall be evaluated not later
than 4 days after intake or confirmation of pregnancy through
evidence-based screening and assessment for substance use
disorders or mental health conditions, including postpartum
depression or depression related to a pregnancy outcome or
early child care. Screening shall include identification of any
of the following risk factors:
(A) An existing mental or physical health condition
or substance use disorder.
(B) Being underweight or overweight.
(C) Multiple births or a previous still birth.
(D) A history of preeclampsia.
(E) A previous Caesarean section.
(F) A previous miscarriage.
(G) Being older than 35 or younger than 15.
(H) Being diagnosed with the human immunodeficiency
virus, hepatitis, diabetes, or hypertension.
(I) Such other risk factors as the chief health
care professional of a Bureau of Prisons facility that
houses women may determine to be appropriate.
(6) Unexpected births rulemaking.--Not later than 180 days
after the date of enactment of this Act, the Attorney General
shall make rules establishing procedures for responding to
unexpected childbirth deliveries, labor complications, and
medical complications related to pregnancy if a woman in
custody is unable to access a hospital in a timely manner.
(7) Treatment.--In the case of any woman in custody who,
after an evaluation under paragraph (4), is diagnosed as having
a substance use disorder or a mental health disorder, that
woman shall be entitled to treatment in accordance with the
following:
(A) Treatment shall include participation in a
support group, including a 12-step program, such as
Alcoholics Anonymous, Narcotics Anonymous, and Cocaine
Anonymous or a comparable nonreligious program.
(B) Treatment may include psychosocial
interventions and medication.
(C) In the case that adequate treatment cannot be
provided to a woman in custody in a Bureau of Prisons
facility, the Director of the Bureau of Prisons shall
transfer the woman to a residential reentry program
that offers such treatment pursuant to section 508 of
the Public Health Service Act (42 U.S.C. 290bb-1).
(D) To the extent practicable, treatment for
substance use disorders provided pursuant to this
section shall be conducted in a licensed hospital.
SEC. 14104. USE OF RESTRICTIVE HOUSING AND RESTRAINTS ON INCARCERATED
PREGNANT WOMEN DURING PREGNANCY, LABOR, AND POSTPARTUM
RECOVERY PROHIBITED.
(a) In General.--Section 4322 of title 18, United States Code, is
amended to read as follows:
``Sec. 4322. Use of restraints and restrictive housing on incarcerated
women during the period of pregnancy, labor, and
postpartum recovery prohibited and to improve pregnancy
care for women in Federal prisons
``(a) Prohibition.--Except as provided in subsection (b), beginning
on the date on which pregnancy is confirmed by a health care
professional and ending not earlier than 12 weeks after delivery, an
incarcerated woman in the custody of the Bureau of Prisons, or in the
custody of the United States Marshals Service pursuant to section 4086,
shall not be placed in restraints or held in restrictive housing.
``(b) Exceptions.--
``(1) Use of restraints.--The prohibition under subsection
(a) shall not apply if the senior Bureau of Prisons official or
United States Marshals Service official overseeing women's
health and services and a health care professional responsible
for the health and safety of the incarcerated woman determines
that the use of restraints is appropriate for the medical
safety of the woman, and the health care professional reviews
such determination not later than every 6 hours after such use
is initially approved until such use is terminated.
``(2) Situational use.--The individualized determination
described under paragraph (1) shall only apply to a specific
situation and must be reaffirmed through the same process to
use restraints again in any future situation involving the same
woman.
``(3) Access to care.--Immediately upon the cessation of
the use of restraints or restrictive housing as outlined in
this subsection, the Director of the Bureau of Prisons or the
United States Marshal Service shall provide the incarcerated
woman with immediate access to physical and mental health
assessments and all recommended treatment.
``(4) Response to behavioral risks in the bureau of
prisons.--
``(A) Restrictive housing.--The prohibition under
subsection (a) relating to restrictive housing shall
not apply if the Director of the Bureau of Prisons or a
senior Bureau of Prisons official overseeing women's
health and services, in consultation with senior
officials in health services, makes an individualized
determination that restrictive housing is required as a
temporary response to behavior that poses a serious and
immediate risk of physical harm.
``(B) Review.--The official who makes a
determination under subparagraph (A) shall review such
determination every 4 hours for the purpose of removing
an incarcerated woman as quickly as feasible from
restrictive housing.
``(C) Restrictive housing plan.--The official who
makes a determination under subparagraph (A) shall
develop an individualized plan to move an incarcerated
woman to less restrictive housing within a reasonable
amount of time, not to exceed 2 days.
``(D) Monitoring.--An incarcerated woman who is
placed in restrictive housing pursuant to this
paragraph shall be--
``(i) monitored every hour;
``(ii) placed in a location visible to
correctional officers; and
``(iii) prohibited from being placed in
solitary confinement if the incarcerated woman
is in her third trimester.
``(c) Reports.--
``(1) Report to the director and health care professional
after the use of restraints.--If an official identified in
subsection (b)(1) or a correctional officer uses restraints on
an incarcerated woman under subsection (b), that official (or
an officer or marshal designated by that official) or
correctional officer shall submit, not later than 30 days after
placing the woman in restraints, to the Director of the Bureau
of Prisons or the Director of the U.S. Marshal Service, as
applicable, a written report which describes the facts and
circumstances surrounding the use of restraints, and includes
each of the following:
``(A) A description of all attempts to use
alternative interventions and sanctions before the
restraints were used.
``(B) A description of the circumstances that led
to the use of restraints.
``(C) Strategies the facility is putting in place
to identify more appropriate alternative interventions
should a similar situation arise again.
``(2) Report to congress.--Beginning on the date that is 6
months after the date of enactment of the Protecting the Health
and Wellness of Babies and Pregnant Women in Custody Act, and
every 6 months thereafter for a period of 10 years, the
Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on--
``(A) the reasoning upon which the determination to
use restraints was made;
``(B) the details of the use of restraints,
including the type of restraints used and length of
time during which restraints were used; and
``(C) any resulting physical effects on the
prisoner observed by or known to the corrections
official or United States Marshal, as applicable.
``(3) Report to the director and health care professional
after placement in restrictive housing.--If an official
identified in subsection (b)(3), correctional officer, or
United States Marshal places or causes an incarcerated woman to
be placed in restrictive housing under such subsection, that
official, correctional officer, or United States Marshal shall
submit, not later than 30 days after placing or causing the
placement of the incarcerated woman in restrictive housing, to
the Director of the Bureau of Prisons or the Director of the
United States Marshals Service, as applicable, and to the
health care professional responsible for the health and safety
of the woman, a written report which describes the facts and
circumstances surrounding the restrictive housing placement,
and includes the following:
``(A) The reasoning upon which the determination
for the placement was made.
``(B) The details of the placement, including
length of time of placement and how frequently and how
many times the determination was made subsequent to the
initial determination to continue the restrictive
housing placement.
``(C) A description of all attempts to use
alternative interventions and sanctions before the
restrictive housing was used.
``(D) Any resulting physical effects on the woman
observed by or reported by the health care professional
responsible for the health and safety of the woman.
``(E) Strategies the facility is putting in place
to identify more appropriate alternative interventions
should a similar situation arise again.
``(4) Report to congress.--Beginning on the date that is 6
months after the date of enactment of the Protecting the Health
and Wellness of Babies and Pregnant Women in Custody Act, and
every 6 months thereafter for a period of 10 years, the
Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a
report on the information described in paragraph (3).
``(d) Notice.--Not later than 24 hours after the confirmation of an
incarcerated woman's pregnancy by a health care professional, that
woman shall be notified, orally and in writing, by an appropriate
health care professional, correctional officer, or United States
Marshal, as applicable--
``(1) of the restrictions on the use of restraints and
restrictive housing placements under this section;
``(2) of the incarcerated woman's right to make a
confidential report of a violation of restrictions on the use
of restraints or restrictive housing placement; and
``(3) that the facility staff have been advised of all
rights of the incarcerated woman under subsection (a).
``(e) Violation Reporting Process.--Not later than 180 days after
the date of enactment of this Act, the Director of the Bureau of
Prisons and the Director of the United States Marshals Service shall
establish processes through which an incarcerated person may report a
violation of this section.
``(f) Notification of Rights.--The warden of the Bureau of Prisons
facility where a pregnant woman is in custody shall notify necessary
facility staff of the pregnancy and of the incarcerated pregnant
woman's rights under subsection (a).
``(g) Retaliation.--It shall be unlawful for any Bureau of Prisons
or United States Marshal Service employee to retaliate against an
incarcerated person for reporting under the provisions of subsection
(e) a violation of subsection (a).
``(h) Education.--Not later than 90 days after the date of
enactment of the Protecting the Health and Wellness of Babies and
Pregnant Women in Custody Act, the Director of the Bureau of Prisons
and the Director of the United States Marshals Service shall each
develop education guidelines regarding the physical and mental health
needs of incarcerated pregnant women, and the use of restraints and
restrictive housing placements on incarcerated women during the period
of pregnancy, labor, and postpartum recovery, and shall incorporate
such guidelines into appropriate education programs.
``(i) Definition.--In this section:
``(1) Restraints.--The term `restraints' means any physical
or mechanical device used to control the movement of an
incarcerated pregnant woman's body, limbs, or both.
``(2) Restrictive housing.--The term `restrictive housing'
means any type of detention that involves--
``(A) removal from the general inmate population,
whether voluntary or involuntary;
``(B) placement in a locked room or cell, whether
alone or with another inmate; and
``(C) inability to leave the room or cell for the
vast majority of the day.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 317 of title 18, United States Code, is amended by amending the
item relating to section 4322 to read as follows:
``4322. Use of restraints and restrictive housing on incarcerated women
during the period of pregnancy, labor, and
postpartum recovery prohibited and to
improve pregnancy care for women in Federal
prisons.''.
SEC. 14105. TREATMENT OF WOMEN WITH HIGH-RISK PREGNANCIES.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Treatment of incarcerated pregnant women
``(a) High-Risk Pregnancy Health Care.--The Director of the Bureau
of Prisons shall ensure that each incarcerated pregnant woman receives
health care appropriate for a high-risk pregnancy, including
obstetrical and gynecological care, during pregnancy and post-partum
recovery.
``(b) High-Risk Pregnancies.--
``(1) In general.--The Director of the Bureau of Prisons
shall transfer any incarcerated woman, who is determined by a
health care professional to have a high-risk pregnancy and who
agrees to be transferred, to a Residential Reentry Center with
adequate health care during her pregnancy and post-partum
recovery.
``(2) Priority.--The Residential Reentry Center to which an
incarcerated pregnant woman is transferred pursuant to
paragraph (1) shall be in a geographical location that is close
to the family members of the incarcerated pregnant woman. In
the case that a Residential Reentry Center is unavailable, the
incarcerated pregnant woman shall be transferred to alternative
housing, including housing with a family member.
``(3) Transportation.--To transport an incarcerated
pregnant woman to a Residential Reentry Center, the Director of
the Bureau of Prisons shall provide to the woman a mode of
transportation that has been approved by the woman's health
care professional, at no expense to the woman.
``(4) Monitoring.--In the case that an incarcerated
pregnant woman transferred to alternative housing pursuant to
this section is monitored electronically, an ankle monitor may
not be used on the woman, unless there is no feasible
alternative for monitoring the woman.
``(5) Service of sentence.--Any time accrued at a
Residential Reentry Center or alternative housing as a result
of a transfer made pursuant to this section shall be credited
toward service of the incarcerated pregnant woman's sentence.
``(6) Credit for pretrial custody.--In the case of an
incarcerated pregnant woman, any time accrued in pretrial
custody shall be credited toward service of the woman's
sentence.
``(c) Definitions.--In this section:
``(1) Family member.--The term `family member' means any
individual related by blood or affinity whose close association
with the incarcerated pregnant woman is the equivalent of a
family relationship, including a parent, sibling, child, or
individual standing in loco parentis.
``(2) Residential reentry center.--The term `Residential
Reentry Center' means a Bureau of Prisons contracted
residential reentry center.
``(3) Health care professional.--
``(A) In general.--The term `health care
professional' means--
``(i) a doctor of medicine or osteopathy
who is authorized to practice medicine or
surgery by the State in which the doctor
practices;
``(ii) any physician's assistant or nurse
practitioner who is supervised by a doctor of
medicine or osteopathy described in clause (i);
or
``(iii) any other person determined by the
Secretary to be capable of providing health
care services.
``(B) Other health care services.--A person is
capable of providing health care services if the person
is--
``(i) a podiatrist, dentist, clinical
psychologist, optometrist, or chiropractor
(limited to treatment consisting of manual
manipulation of the spine to correct a
subluxation as demonstrated by X-ray to exist)
authorized to practice in the State and
performing within the scope of their practice
as defined under State law;
``(ii) a nurse practitioner, nurse-midwife,
clinical social worker, or physician's
assistant who is authorized to practice under
State law and who is performing within the
scope of their practice as defined under State
law; and
``(iii) any health care professional from
whom an employer or the employer's group health
plan's benefits manager will accept
certification of the existence of a serious
health condition to substantiate a claim for
benefits.
``(C) Authorized to practice in the state.--The
term `authorized to practice in the State' means that a
professional must be authorized to diagnose and treat
physical or mental health conditions under the laws of
the State in which the professional practices and where
the facility is located.
``(4) High-risk pregnancy.--The term `high-risk pregnancy'
means, with respect to an incarcerated woman, that the
pregnancy threatens the health or life of the woman or
pregnancy, as determined by a health care professional.
``(5) Post-partum recovery.--The term `post-partum
recovery' means the 3-month period beginning on the date on
which an incarcerated pregnant woman gives birth.''.
(b) Conforming Amendment.--The table of sections for chapter 303 of
title 18, United States Code, is amended by adding at the end the
following:
``4051. Treatment of incarcerated pregnant women.''.
SEC. 14106. EXEMPTION OF INCARCERATED PREGNANT WOMEN FROM THE
REQUIREMENTS FOR SUITS BY PRISONERS.
Section 7 of the Civil Rights of Institutionalized Persons Act (42
U.S.C. 1997e) is amended--
(1) in subsection (a), by inserting after the period at the
end the following: ``This subsection shall not apply with
respect to an incarcerated pregnant woman who brings an action
relating to or affecting the woman's pregnancy.''; and
(2) in subsection (d)(1), insert ``, except an incarcerated
pregnant woman,'' before ``who is confined''.
SEC. 14107. DEFINITIONS.
In this Act:
(1) In custody.--The term ``in custody'' means, with
respect to an individual, that the individual is under the
supervision of a Federal, State, tribal or local correctional
facility, including pretrial and contract facilities, and
juvenile or medical or mental health facilities.
(2) Other pregnancy outcome.--The term ``other pregnancy
outcome'' means a pregnancy that ends in stillbirth,
miscarriage, or ectopic pregnancy.
(3) Postpartum recovery.--The term ``postpartum recovery''
means the 12-week period, or longer as determined by the health
care professional responsible for the health and safety of the
incarcerated pregnant woman, following delivery, and shall
include the entire period that the incarcerated pregnant woman
is in the hospital or infirmary.
(4) Restraints.--The term ``restraints'' means any physical
or mechanical device used to control the movement of an
incarcerated pregnant woman's body, limbs, or both.
(5) Restrictive housing.--The term ``restrictive housing''
means any type of detention that involves--
(A) removal from the general inmate population,
whether voluntary or involuntary;
(B) placement in a locked room or cell, whether
alone or with another inmate; and
(C) inability to leave the room or cell for the
vast majority of the day.
SEC. 14108. EDUCATION AND TECHNICAL ASSISTANCE.
The Director of the National Institute of Corrections shall provide
education and technical assistance, in conjunction with the appropriate
public agencies, at State and local correctional facilities that house
women and facilities in which incarcerated women go into labor and give
birth, in order to educate the employees of such facilities, including
health personnel, on the dangers and potential mental health
consequences associated with the use of restrictive housing and
restraints on incarcerated women during pregnancy, labor, and
postpartum recovery, and on alternatives to the use of restraints and
restrictive housing placement.
SEC. 14109. BUREAU OF PRISONS STAFF AND U.S. MARSHALS TRAINING.
(a) Bureau of Prisons Training.--Beginning not later than 180 days
after the date of enactment of this Act, and biannually thereafter, the
Director of the Bureau of Prisons shall train each correctional officer
at any Bureau of Prisons women's facility to carry out the requirements
of this Act.
(b) New Hires.--Beginning not later than 180 days after the date of
enactment of this Act, the Director of the Bureau of Prisons shall
train any newly hired correctional officer at a Bureau of Prisons
facility that houses women to carry out the requirements of this Act
not later than 30 days after the date on which the officer is hired.
(c) U.S. Marshal Training.--Beginning not later than 180 days after
the date of enactment of this Act, and biannually thereafter, the
Director of the U.S. Marshals Service shall ensure that each Deputy
U.S. Marshal is trained pursuant to the guidelines described in
subsection (d). Newly hired deputies shall receive such training not
later than 30 days after the date on which such deputy starts
employment.
(d) Guidelines.--The Director of the Bureau of Prisons and the
United States Marshals Service shall each develop guidelines on the
treatment of incarcerated women during pregnancy, labor, and postpartum
recovery and incorporate such guidelines in the training required under
this section. Such guidelines shall include guidance on--
(1) the transportation of incarcerated pregnant women;
(2) housing of incarcerated pregnant women;
(3) nutritional requirements for incarcerated pregnant
women; and
(4) the right of a health care professional to request that
restraints not be used.
SEC. 14110. GAO STUDY ON STATE AND LOCAL CORRECTIONAL FACILITIES.
The Comptroller General of the United States shall conduct a study
of services and protections provided for pregnant incarcerated women in
local and State correctional settings, including policies on
obstetrical and gynecological care, education on nutrition, health and
safety risks associated with pregnancy, mental health and substance use
treatment, access to prenatal and post-delivery support services and
programs, the use of restraints and restrictive housing placement, and
the extent to which the intent of such policies are fulfilled.
SEC. 14111. GAO STUDY ON FEDERAL PRETRIAL DETENTION FACILITIES.
(a) Study.--The Comptroller General of the United States shall
conduct a study of services and protections provided for pregnant women
who are incarcerated in Federal pretrial detention facilities.
Specifically, the study shall examine--
(1) what available data indicate about pregnant women
detained or held in Federal pretrial detention facilities;
(2) existing U.S. Marshals Service policies and standards
that address the care of pregnant women in Federal pretrial
detention facilities; and
(3) what is known about the care provided to pregnant women
in Federal pretrial detention facilities.
(b) Report and Best Practices.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall submit a
report of the results of the study conducted under subsection (a) to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives. The report shall identify
best practices for ensuring that Federal pretrial detention facilities
implement services and protections for pregnant women consistent with
this Act and shall provide recommendations on how to implement these
best practices among all Federal pretrial detention facilities.
(c) Definition.--For purposes of this section, the term ``Federal
pretrial detention facilities'' includes State, local, private, or
other facilities under contract with the U.S. Marshals Service for the
purpose of housing Federal pretrial detainees.
SEC. 14112. PWIC GRANT PROGRAM.
Section 508 of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10151 et seq.) is amended to read as follows:
``SEC. 508. PREGNANT WOMEN IN CUSTODY GRANT PROGRAM.
``(a) Short Title.--This section may be cited as the `Pregnant
Women in Custody Grant Program of 2020' or the `PWIC Act of 2020'.
``(b) Establishment.--The Attorney General may make grants to
eligible entities that have established a program to promote the health
needs of incarcerated pregnant women in the criminal justice system at
the State, tribal, and local levels or have declared their intent to
establish such a program. Eligible entities shall--
``(1) promote the safety and wellness of pregnant women in
custody;
``(2) provide services for obstetrical and gynecological
care, for women in custody;
``(3) facilitate resources and support services for
nutrition and physical and mental health, for women in custody;
``(4) establish and maintain policies that are
substantially similar to the limitations imposed under section
4322 of title 18, United States Code, limiting the use of
restraints on pregnant women in custody; and
``(5) maintain, establish, or build post-delivery lactation
and nursery care or residential programs to keep the infant
with the mother and to promote and facilitate bonding skills
for incarcerated pregnant women and women with dependent
children.
``(c) Grant Period.--A grant awarded under this section shall be
for a period of not more than 5 years.
``(d) Eligible Entity.--An entity is eligible for a grant under
this section if the entity is--
``(1) a State or territory department of corrections;
``(2) a tribal entity that operates a correctional
facility; or
``(3) a unit of local government that operates a prison or
jail that houses women; or
``(4) a locally-based nonprofit organization, that has
partnered with a State or unit of local government that
operates a correctional facility, with expertise in providing
health services to incarcerated pregnant women.
``(e) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Attorney General at
such time, in such manner, and containing such information as the
Attorney General may require, including a detailed description of the
need for the grant and an account of the number of individuals the
grantee expects to benefit from the grant.
``(f) Administrative Costs.--Not more than 5 percent of a grant
awarded under this section may be used for costs incurred to administer
such grant.
``(g) Construction Costs.--Notwithstanding any other provision of
this Act, no funds provided under this section may be used, directly or
indirectly, for construction projects, other than new construction or
upgrade to a facility used to provide lactation, nursery, obstetrical,
or gynecological services.
``(h) Priority Funding for States That Provide Programs and
Services for Incarcerated Women Related to Pregnancy and Childbirth.--
In determining the amount provided to a State or unit of local
government under this section, the Attorney General shall give priority
to States or units of local government that have enacted laws or
policies and implemented services or pilot programs for incarcerated
pregnant women aimed at enhancing the safety and wellness of pregnant
women in custody, including providing services for obstetrical and
gynecological care, resources and support services for nutrition and
physical and mental health, and post-delivery lactation and nursery
care or residential programs to keep the infant with the mother and to
promote and facilitate bonding skills for incarcerated pregnant women
and women with dependent children.
``(i) Subgrant Priority.--A State that receives a grant under this
section shall prioritize subgrants to a unit of local government within
the State that has established a pilot program that enhances safety and
wellness of pregnant women in custody.
``(j) Federal Share.--
``(1) In general.--The Federal share of a grant under this
section may not exceed 75 percent of the total costs of the
projects described in the grant application.
``(2) Waiver.--The requirement of paragraph (1) may be
waived by the Assistant Attorney General upon a determination
that the financial circumstances affecting the applicant
warrant a finding that such a waiver is equitable.
``(k) Compliance and Redirection of Funds.--
``(1) In general.--Not later than 1 year after an eligible
entity receives a grant under this section, such entity shall
implement a policy that is substantially similar to the policy
under section 3 of Protecting the Health and Wellness of Babies
and Pregnant Women in Custody Act.
``(2) Extension.--The Attorney General may provide a 120-
day extension to an eligible entity that is making good faith
efforts to collect the information required under paragraph
(1).
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, to remain available until
expended--
``(1) for fiscal year 2021, $5,000,000;
``(2) for fiscal year 2022, $5,000,000;
``(3) for fiscal year 2023, $5,000,000;
``(4) for fiscal year 2024, $6,000,000; and
``(5) for fiscal year 2025, $6,000,000.
``(m) Funds To Be Supplemental.--To receive a grant under this
section, the eligible entity shall certify to the Attorney General that
the amounts received under the grant shall be used to supplement, not
supplant, non-Federal funds that would otherwise be available for
programs or services in the prison where funds will be used.
``(n) Unobligated and Unspent Funds.--Funds made available pursuant
to this section that remain unobligated for a period of 6 months after
the end of the fiscal year for which the funds have been appropriated
shall be awarded to other recipients of this grant.
``(o) Civil Rights Obligation.--A recipient of a grant under this
section shall be subject to the nondiscrimination requirement under
section 40002(b)(13) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(b)(13)).
``(p) Definitions.--In this section, the term `in custody' means,
with respect to an individual, that the individual is under the
supervision of a Federal, State, tribal, or local correctional
facility, including pretrial and contract facilities, and juvenile or
medical or mental health facilities.''.
SEC. 14113. PLACEMENT IN PRERELEASE CUSTODY.
Section 3624(c)(1) of title 18, United States Code, is amended by
adding at the end the following: ``Notwithstanding any other provision
of this paragraph, in the case of a pregnant woman in custody, if that
woman's due date is within the final year of her term of imprisonment,
that woman may be placed into prerelease custody beginning not earlier
than the date that is 2 months prior to that woman's due date.''.
Subtitle PP--Resources for Victims of Gun Violence Act 2020
SEC. 14201. SHORT TITLE.
This subtitle may be cited as the ``Resources for Victims of Gun
Violence Act of 2020''.
SEC. 14202. FINDINGS.
Congress finds the following:
(1) In the United States, approximately 100 individuals are
killed with guns every day, and more than 36,000 individuals
die from gun violence every year. Approximately 100,000 more
individuals survive gun-related injuries every year.
(2) The approximately 100,000 individuals who survive gun-
related injuries every year in the United States face a life-
long process of physical and emotional healing, in addition to
the heavy economic costs faced by those survivors, their
families and communities, and society as a whole. According to
a recent national poll, 4 percent of adults alive in the United
States as of the date of the poll, or an estimated 10,000,000
people, have been shot and injured in their lifetimes.
(3) Nearly two-thirds of gun-related deaths in the United
States are suicides. Suicide attempts involving firearms are
uniquely lethal: while less than 5 percent of suicide attempts
not involving a firearm result in death, approximately 85
percent of suicide attempts involving a firearm end in death.
According to a 2018 report by the Department of Veterans
Affairs, veterans are about 1.5 times as likely as civilians to
die by suicide, and 69.4 percent of veteran suicides in 2016
resulted from a firearm injury.
(4) More than one-third of gun-related deaths in the United
States are homicides, and in 2010, the gun homicide rate in the
United States was 25.2 times higher than in 22 other high-
income countries.
(5) Gun homicides in the United States occur
disproportionately in cities, particularly in racially
segregated neighborhoods with high rates of poverty. Gun
homicide disproportionately affects communities of color, and
Black Americans represent the majority of gun homicide victims.
(6) More than 325 mass shootings took place in the United
States in 2018, and more than 1,900 mass shootings have taken
place since the shooting at Sandy Hook Elementary School in
Newtown, Connecticut, in 2012. Fifty-four percent of mass
shootings are related to domestic or family violence.
(7) Firearms are the second leading cause of death for
children and teenagers and the first leading cause of death for
Black children and teenagers in the United States. Every year,
nearly 3,000 children and teenagers are shot and killed, and
approximately 15,600 are shot and injured.
(8) During an average year in the United States, more than
600 women are shot to death by an intimate partner, and many
more women are shot and injured by an intimate partner. Nearly
1,000,000 women in the United States who are alive as of the
date of enactment of this Act have been shot or shot at by an
intimate partner, and approximately 4,500,000 women alive as of
that date have been threatened with a gun by an intimate
partner.
(9) More than 10,300 violent hate crimes committed in the
United States in an average year involve a gun, or more than 28
each day. The vast majority of hate crimes are directed against
communities of color, religious minorities, and lesbian, gay,
bisexual, transgender, and queer (commonly known as ``LGBTQ'')
people.
SEC. 14203. DEFINITIONS.
In this subtitle:
(1) Advisory council.--The term ``Advisory Council'' means
the Advisory Council to Support Victims of Gun Violence
established under section 14204.
(2) Appropriate committees.--The term ``appropriate
committees'' means the following:
(A) The Committee on Health, Education, Labor, and
Pensions of the Senate.
(B) The Committee on the Judiciary of the Senate.
(C) The Committee on Education and Labor of the
House of Representatives.
(D) The Committee on Energy and Commerce of the
House of Representatives.
(E) The Committee on the Judiciary of the House of
Representatives.
(F) Any other relevant committee of the Senate or
of the House of Representatives with jurisdiction over
matters affecting victims of gun violence.
(3) Gun violence.--The term ``gun violence'' means--
(A) suicide involving firearms;
(B) homicide involving firearms;
(C) domestic violence involving firearms;
(D) hate crimes involving firearms;
(E) youth violence involving firearms;
(F) mass shootings;
(G) unintentional shootings;
(H) nonfatal shootings; and
(I) threats or exposure to violent acts involving
firearms.
(4) Victim of gun violence.--The term ``victim of gun
violence'' means--
(A) an individual who has been wounded as a result
of gun violence;
(B) an individual who has been threatened with an
act of gun violence;
(C) an individual who has witnessed an act of gun
violence; and
(D) a relative, classmate, coworker, or other
associate of--
(i) an individual who has been killed as a
result of gun violence; or
(ii) an individual described in
subparagraph (A) or (B).
(5) Victim assistance professional.--The term ``victim
assistance professional'' means a professional who assists
victims of gun violence, including--
(A) a medical professional, including an emergency
medical professional;
(B) a social worker;
(C) a provider of long-term services or care; and
(D) a victim advocate.
SEC. 14204. ADVISORY COUNCIL TO SUPPORT VICTIMS OF GUN VIOLENCE.
(a) Establishment.--There is established an Advisory Council to
Support Victims of Gun Violence.
(b) Membership.--
(1) In general.--The Advisory Council shall be composed of
the following members or their designees:
(A) The Secretary of Health and Human Services.
(B) The Attorney General.
(C) The Secretary of Education.
(D) The Secretary of Housing and Urban Development.
(E) The Secretary of Veterans Affairs.
(F) The Commissioner of the Social Security
Administration.
(G) The Assistant Secretary for Mental Health and
Substance Use.
(H) The Director of the Centers for Disease Control
and Prevention.
(I) The Director of the National Institutes of
Health.
(J) The Administrator of the Administration for
Community Living.
(K) The Director of the Office on Violence Against
Women.
(L) The Director of the Office for Victims of
Crime.
(M) The chairman of the Board of the Legal Services
Corporation.
(N) As appropriate, the head of any other Federal
department or agency identified by the Secretary of
Health and Human Services as having responsibilities,
or administering programs, relating to issues affecting
victims of gun violence.
(2) Additional members.--In addition to the members
described in paragraph (1), the Advisory Council shall be
composed of the following:
(A) Not fewer than 2 and not more than 5 victims of
gun violence, who shall be appointed by the Secretary
of Health and Human Services.
(B) Not fewer than 2 and not more than 5 victim
assistance professionals, who shall be appointed by the
Secretary of Health and Human Services.
(3) Lead agency.--The Department of Health and Human
Services shall be the lead agency for the Advisory Council.
(c) Duties.--
(1) Assessment.--The Advisory Council shall--
(A) survey victims of gun violence and victim
assistance professionals about their needs in order to
inform the content of information disseminated under
paragraph (2) and the report published under paragraph
(3);
(B) conduct a literature review and assess past or
ongoing programs designed to assist victims of gun
violence or individuals with similar needs to
determine--
(i) the effectiveness of the programs; and
(ii) best and promising practices for
assisting victims of gun violence; and
(C) assess the administration of compensation funds
established after mass shootings to determine best and
promising practices to direct victims of gun violence
to sources of funding.
(2) Information.--
(A) In general.--The Advisory Council shall
identify, promote, coordinate, and disseminate to the
public information, resources, and best and promising
practices available to help victims of gun violence--
(i) meet their medical, financial,
educational, workplace, housing,
transportation, assistive technology, and
accessibility needs;
(ii) maintain their mental health and
emotional well-being;
(iii) seek legal redress for their injuries
and protection against any ongoing threats to
their safety; and
(iv) access government programs, services,
and benefits for which they may be eligible or
to which they may be entitled.
(B) Contact information.--The Advisory Council
shall include in the information disseminated under
subparagraph (A) the websites and telephone contact
information for helplines of relevant Federal agencies,
State agencies, and nonprofit organizations.
(C) Availability.--The Advisory Council shall make
the information described in subparagraphs (A) and (B)
available--
(i) online through a public website; and
(ii) by submitting a hard copy and making
available additional hard copies to--
(I) each Member of Congress;
(II) each field office of the
Social Security Administration;
(III) each State agency that is
responsible for administering health
and human services, for dissemination
to medical facilities;
(IV) each State agency that is
responsible for administering education
programs, for dissemination to schools;
and
(V) the office of each State
attorney general, for dissemination to
local prosecutor's offices.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Advisory Council shall--
(A) prepare a report that--
(i) includes the best and promising
practices, resources, and other useful
information for victims of gun violence
identified under paragraph (2);
(ii) identifies any gaps in items described
in clause (i); and
(iii) if applicable, identifies any
additional Federal or State legislative
authority necessary to implement the activities
described in clause (i) or address the gaps
described in clause (ii);
(B) submit the report prepared under subparagraph
(A) to--
(i) the appropriate committees;
(ii) each State agency that is responsible
for administering health and human services;
(iii) each State agency that is responsible
for administering education programs; and
(iv) the office of each State attorney
general; and
(C) make the report prepared under subparagraph (A)
available to the public online in an accessible format.
(4) Follow-up report.--Not later than 2 years after the
date on which the Advisory Council prepares the report under
paragraph (3), the Advisory Council shall--
(A) submit to the entities described in
subparagraph (B) of that paragraph a follow-up report
that includes the information identified in
subparagraph (A) of that paragraph; and
(B) make the follow-up report described in
subparagraph (A) available to the public online in an
accessible format.
(5) Public input.--
(A) In general.--The Advisory Council shall
establish a process to collect public input to inform
the development of, and provide updates to, the best
and promising practices, resources, and other
information described in paragraph (2), including by
conducting outreach to entities and individuals
described in subparagraph (B) of this paragraph that--
(i) have a range of experience with the
types of gun violence described in section
14203(3); and
(ii) include representation from
communities disproportionately affected by gun
violence.
(B) Entities and individuals.--The entities and
individuals described in this subparagraph are--
(i) States, local governments, and
organizations that provide information to, or
support for, victims of gun violence;
(ii) victims of gun violence; and
(iii) victim assistance professionals.
(C) Nature of outreach.--In conducting outreach
under subparagraph (A), the Advisory Council shall ask
for input on--
(i) information, resources, and best and
promising practices available, including
identification of any gaps and unmet needs;
(ii) recommendations that would help
victims of gun violence--
(I) better meet their medical,
financial, educational, workplace,
housing, transportation, assistive
technology, and accessibility needs;
(II) maintain their mental health
and emotional well-being;
(III) seek legal redress for their
injuries and protection against any
ongoing threats to their safety; and
(IV) access government programs,
services, and benefits for which the
victims may be eligible or to which the
victims may be entitled; and
(iii) any other subject areas discovered
during the process that would help victims of
gun violence.
(d) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Council.
(e) Funding.--No additional funds are authorized to be appropriated
to carry out this Act.
(f) Sunset.--The Advisory Council shall terminate on the date that
is 5 years after the date of establishment of the Advisory Council.
Subtitle QQ--The One Stop Shop Community Reentry Program Act of 2020
SEC. 14301. SHORT TITLE.
This subtitle may be cited as the ``The One Stop Shop Community
Reentry Program Act of 2020''.
SEC. 14302. COMMUNITY REENTRY CENTER GRANT PROGRAM.
(a) Program Authorized.--The Attorney General is authorized to
carry out a grant program to make grants to eligible entities for the
purpose of creating community reentry centers.
(b) Application Requirements.--Each application for a grant under
this section shall--
(1) demonstrate a plan to work with community leaders who
interact with formerly incarcerated people and their families
to--
(A) identify specific strategies and approaches to
providing reentry services;
(B) develop a needs assessment tool to survey or
conduct focus groups with community members in order to
identify--
(i) the needs of individuals returning to
the community after conviction or
incarceration, and the barriers such
individuals face; and
(ii) the needs of the families and
communities to which such individuals are
returning; and
(C) use the information gathered pursuant to
subparagraph (B) to determine the reentry services to
be provided by the community reentry center;
(2) identify the correctional institutions from which
individuals who are released from incarceration are likely to
reenter the community served by the community reentry center,
and a plan, if any, to provide transportation for such released
individuals to the community reentry center, the individual's
residence, or to a location where the individual is ordered by
a court to report;
(3) demonstrate a plan to provide accessible notice of the
location of the reentry intake and coordination center and the
services that it will provide (either directly or on a referral
basis), including, where feasible, within and outside of
correctional institutions identified under paragraph (1);
(4) demonstrate a plan to provide intake and reentry needs
assessment that is trauma-informed and gender-responsive after
an individual is released from a correctional institution, or,
in the case of an individual who is convicted of an offense and
not sentenced to a term of imprisonment, after such conviction,
and where feasible, before release, to ensure that the
individuals served by the center are referred to appropriate
reentry services based on the individual's needs immediately
upon release from a correctional institution or after
conviction, and continuously thereafter as needed;
(5) demonstrate a plan to provide the reentry services
identified in paragraph (1)(C);
(6) demonstrate a plan to continue to provide services
(including through referral) for individuals served by the
center who move to a different geographic area to ensure
appropriate case management, case planning, and access to
continuous or new services where necessary and based on
consistent reevaluation of needs; and
(7) identify specific methods that the community reentry
center will employ to achieve performance objectives among the
individuals served by the center, including--
(A) increased access to and participation in
reentry services;
(B) reduction in recidivism rates;
(C) increased numbers of individuals obtaining and
retaining employment;
(D) increased enrollment in and degrees earned from
educational programs, including high school, GED, and
institutions of higher education;
(E) increased numbers of individuals obtaining and
maintaining housing; and
(F) increased self-reports of successful community
living, including stability of living situation and
positive family relationships.
(c) Preference.--The Attorney General shall give preference to
applicants that demonstrate that they seek to employ individuals who
have been convicted of an offense, or served a term of imprisonment or
that, to the extent allowable by law, employ such formerly incarcerated
individuals in positions of responsibility.
(d) Evaluation and Report.--
(1) Evaluation.--The Attorney General shall enter into a
contract with a nonprofit organization with expertise in
analyzing data related to reentry services and recidivism to
monitor and evaluate each recipient of a grant and each
community reentry center receiving funds under this section on
an ongoing basis.
(2) Administrative burden.--The nonprofit organization
described in paragraph (1) shall provide administrative support
to assist recipients of grants authorized by this Act to comply
with the conditions associated with the receipt of funding from
the Department of Justice.
(3) Report.--Not later than one year after the date on
which grants are initially made under this section, and
annually thereafter, the Attorney General shall submit to
Congress a report on the program, which shall include--
(A) the number of grants made, the number of
eligible entities receiving such grants, and the amount
of funding distributed to each eligible entity pursuant
to this section;
(B) the location of each eligible entity receiving
such a grant, and the population served by the
community reentry center;
(C) the number of persons who have participated in
reentry services offered by a community reentry center,
disaggregated by type of services, and success rates of
participants in each service to the extent possible;
(D) the number of persons who have participated in
reentry services for which they received a referral
from a community reentry center, disaggregated by type
of services, and success rates of participants in each
service;
(E) recidivism rates within the population served
by each community reentry center, both before and after
receiving a grant under this section;
(F) the number of individuals obtaining and
retaining employment within the population served by
each community reentry center, both before and after
receiving a grant under this section; and
(G) the number of individuals obtaining and
maintaining housing within the population served by
each community reentry center, both before and after
receiving a grant under this section.
(e) Definitions.--In this section:
(1) The term ``eligible entity'' means a community-based
nonprofit organization that--
(A) has expertise in the provision of reentry
services; and
(B) is located in a geographic area that has
disproportionately high numbers of residents who--
(i) have been arrested;
(ii) have been convicted of a criminal
offense; and
(iii) return to such geographic area after
incarceration.
(2) The term ``community reentry center'' means a center
that--
(A) offers intake, reentry needs assessments, case
management, and case planning for reentry services for
individuals returning to the community after conviction
or incarceration;
(B) provides the reentry services identified under
subsection (b)(1)(C) at a single location; and
(C) provides referrals to appropriate service
providers based on the assessment of needs of the
individual.
(3) The term ``reentry services'' means comprehensive and
holistic services that improve outcomes for individuals
returning to the community after conviction or incarceration,
and may include--
(A) seeking and maintaining employment, including
through assistance with drafting resumes, establishing
emails accounts, locating job solicitations, submission
of job applications, and preparation for interviews;
(B) placement in job placement programs that
partner with private employers;
(C) obtaining free and low-cost job skills classes,
including computer skills, technical skills, vocational
skills, and any other job-related skills;
(D) locating and maintaining housing, which may
include counseling on public housing opportunities,
assistance with applications for public housing
benefits, and locating and securing temporary or long-
term shelter;
(E) obtaining identification cards and driver's
licenses;
(F) registering to vote, and applying for voting
rights to be restored, where permitted by law;
(G) applying for or accessing GED courses;
(H) applying for loans for and admission to
institutions of higher education;
(I) financial counseling;
(J) legal assistance or referrals for record
expungement, forfeiture of property or assets, family
law and custody matters, legal aid services (including
other civil legal aid services), and relevant civil
matters including housing and other issues;
(K) retrieving property or funds retained by the
arresting agency or facility of incarceration, or
retrieving property or funds obtained while
incarcerated;
(L) transportation, including through provision of
transit fare;
(M) familial counseling;
(N) problem-solving, in coordination with counsel
where necessary, any difficulties in compliance with
court-ordered supervision requirements, including
restrictions on living with certain family members,
contact with certain friends, bond requirements,
location and residency restrictions, electronic
monitoring compliance, court-ordered substance abuse,
and other court-ordered requirements;
(O) communication needs, including providing a
mobile phone, mobile phone service or access, or
internet access;
(P) applying for State or Federal government
benefits, where eligible;
(R) life skills assistance;
(S) mentorship;
(T) medical and mental health services, and
cognitive-behavioral programming;
(U) substance abuse treatment; and
(V) reactivation, application for, and maintaining
professional or other licenses.
(4) The term ``community leader'' means an individual who
serves the community in a leadership role, including--
(A) a school official;
(B) a faith leader;
(C) a social service provider;
(D) a member of a neighborhood association;
(E) a public safety representative;
(F) an employee of an organization that provides
reentry services;
(G) a member of a civic or volunteer group related
to the provision of reentry services;
(H) a health care professional; and
(I) an employee of a State, local, or tribal
government agency with expertise in the provision of
reentry services.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$10,000,000 for each of fiscal years 2021 through 2025 to carry
out this section.
(2) Equitable distribution.--The Attorney General shall
ensure that grants awarded under this section are equitably
distributed among the geographical regions and between urban
and rural populations, including Indian Tribes, consistent with
the objective of reducing recidivism.
SEC. 14303. GRANTS FOR REENTRY SERVICES ASSISTANCE HOTLINES.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to make
grants to States and units of local government to operate
reentry services assistance hotlines that are toll-free and
operate 24 hours a day, 7 days a week.
(2) Grant period.--A grant made under paragraph (1) shall
be for a period of not more than 5 years.
(b) Hotline Requirements.--A grant recipient shall ensure, with
respect to a hotline funded by a grant under subsection (a), that--
(1) the hotline directs individuals to local reentry
services (as such term is defined in section 14302(e));
(2) any personally identifiable information that an
individual provides to an agency of the State through the
hotline is not directly or indirectly disclosed, without the
consent of the individual, to any other agency or entity, or
person;
(3) the staff members who operate the hotline are trained
to be knowledgeable about--
(A) applicable Federal, State, and local reentry
services; and
(B) the unique barriers to successful reentry into
the community after a person has been convicted or
incarcerated;
(4) the hotline is accessible to--
(A) individuals with limited English proficiency,
where appropriate; and
(B) individuals with disabilities;
(5) the hotline has the capability to engage with
individuals using text messages.
(c) Best Practices.--The Attorney General shall issue guidance to
grant recipients on best practices for implementing the requirements of
subsection (b).
(d) Preference.--The Attorney General shall give preference to
applicants that demonstrate that they seek to employ individuals to
operate the hotline who have been convicted of an offense, or served a
term of imprisonment.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,500,000 for each of fiscal years 2021 through 2025 to
carry out this section.
Subtitle RR--Put Trafficking Victims First Act of 2020
SEC. 14401. SHORT TITLE.
This subtitle may be cited as the ``Put Trafficking Victims First
Act of 2020''.
SEC. 14402. TRAINING FOR PROSECUTIONS OF TRAFFICKERS AND SUPPORT FOR
STATE SERVICES FOR VICTIMS OF TRAFFICKING.
It is the sense of Congress that a portion of the funds available
for training and technical assistance under section 107(b)(2)(B)(ii) of
the Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7105(b)(2)(B)(ii)) should be devoted to advancing the following
goals:
(1) Increasing the personal safety of victim service
providers, who may face intimidation or retaliation for their
activities.
(2) Promoting a trauma-informed, evidence-based, and
victim-centered approach to the provision of services for
victims of trafficking.
(3) Ensuring that law enforcement officers and prosecutors
make every attempt to determine whether an individual is a
victim of human trafficking before arresting the individual
for, or charging the individual with, an offense that is a
direct result of the victimization of the individual.
(4) Effectively prosecuting traffickers and individuals who
patronize or solicit children for sex, and facilitating access
for child victims of commercial sex trafficking to the services
and protections afforded to other victims of sexual violence.
(5) Encouraging States to improve efforts to identify and
meet the needs of human trafficking victims, including through
internet outreach and other methods that are responsive to the
needs of victims in their communities.
(6) Ensure victims of trafficking, including United States
citizens, lawful permanent residents, and foreign nationals are
eligible for services.
SEC. 14403. WORKING TO DEVELOP METHODOLOGIES TO ASSESS PREVALENCE OF
HUMAN TRAFFICKING.
(a) Working Group.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General, in consultation
with other Federal entities engaged in efforts to combat human
trafficking, shall establish an expert working group, which
shall include survivors of human trafficking, experts on sex
and labor trafficking, representatives from organizations
collecting data on human trafficking, and law enforcement
officers. The working group shall, utilizing, to the extent
practicable, existing efforts of agencies, task forces, States,
localities, tribes, research institutions, and organizations--
(A) identify barriers to the collection of data on
the incidence of sex and labor trafficking; and
(B) recommend practices to promote better data
collection and analysis.
(2) Pilot testing.--Not later than 3 years after the date
of enactment of this Act, the Attorney General shall implement
a pilot project to test promising methodologies studied under
paragraph (1).
(b) Report.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of Labor, the Secretary of Health and Human
Services, the Secretary of Homeland Security, and the Director
of the Human Smuggling and Trafficking Center, shall submit to
Congress a report on--
(A) Federal efforts to estimate the prevalence of
human trafficking at the national and regional levels;
(B) the effectiveness of current policies and
procedures to address the needs of victims of
trafficking; and
(C) an analysis of demographic characteristics of
victims of trafficking in different regions of the
United States and recommendations for how to address
the unique vulnerabilities of different victims.
(2) Input from relevant parties.--In developing the report
under paragraph (1), the Attorney General shall seek input from
the United States Advisory Council on Human Trafficking,
victims of trafficking, human trafficking survivor advocates,
service providers for victims of sex and labor trafficking, and
the President's Interagency Task Force on Human Trafficking.
(c) Survey.--Not later than 2 years after the date of enactment of
this Act, the Attorney General, in coordination with Federal, State,
local, and Tribal governments, and private organizations, including
victim service providers and expert researchers, shall develop and
execute a survey of survivors seeking and receiving victim assistance
services for the purpose of improving the provision of services to
human trafficking victims and victim identification in the United
States. Survey results shall be made publicly available on the website
of the Department of Justice.
(d) No Additional Funds.--No additional funds are authorized to
carry out this section.
SEC. 14404. REPORT ON PROSECUTORS SEEKING RESTITUTION IN TRAFFICKING
CASES.
Not later than 1 year after the date of enactment of this Act, the
Attorney General, in consultation with the Administrative Office of the
United States Courts, shall submit to Congress a report on efforts to
increase restitution to victims of human trafficking.
SEC. 14405. SENSE OF CONGRESS ENCOURAGING STATES TO ADOPT PROTECTIONS
FOR VICTIMS OF TRAFFICKING.
Congress recognizes and applauds the State legislative bodies that
have taken tremendous steps to adopt protections and services for
victims of trafficking. Congress encourages States to--
(1) uphold the dignity of human trafficking survivors;
(2) ensure the safety, confidentiality, and well-being of
victims of trafficking, while recognizing symptoms of trauma
and coping mechanisms that may impact victims' interactions
with law enforcement, the justice system, and service
providers;
(3) implement screening mechanisms to identify and extend
appropriate services to children in the custody of child
protective services agencies, the juvenile justice system, or
the criminal justice system who are victims of trafficking;
(4) promote greater access to child welfare services for,
rather than criminalization of, child victims of sex
trafficking;
(5) develop a 24-hour emergency response plan by which
victims of human trafficking may receive immediate protection,
shelter, and support from a victim assistance coordinator when
those victims are first identified;
(6) adopt protections for adult victims of trafficking,
such as protection if the victim's safety is at risk,
comprehensive trauma-informed, long-term, culturally competent
care and healing services, mental health services to relieve
traumatic stress, housing, education (including, where
appropriate, vocational training and employment assistance),
mentoring, language assistance, drug and substance abuse
services, and legal services;
(7) ensure that child sex trafficking victims are treated
as children in need of child protective services and receive
appropriate care in the child welfare, rather than juvenile
justice, system;
(8) encourage the adoption of procedures for human
trafficking victims that are consistent with those afforded to
victims of sexual assault, rape, child sexual abuse, or incest
to allow human trafficking victim to clear records, expunge
convictions, and vacate adjudications related to prostitution
and nonviolent offenses that arose as a direct result of being
trafficked, including protections for foreign nationals who are
being removed and those who are losing or determined to be
inadmissible for immigration benefits as a result of the
aforementioned human trafficking victim related conviction or
arrest; and
(9) ensure victims of trafficking, including United States
citizens, lawful permanent residents, and foreign nationals are
eligible for services.
Subtitle SS--Wakeshia's Law
SEC. 14501. SHORT TITLE.
This subtitle may be cited as the ``Family Notification of Death in
Custody or Life-Threatening Emergency Act of 2020'' or the ``Wakiesha's
Law''.
SEC. 14502. PURPOSE.
To encourage State, local and tribal jurisdictions to implement and
enforce appropriate and time-sensitive procedures to notify the next-
of-kin or designated person upon the death or life-threatening
emergency of an individual who is in the custody of law enforcement.
SEC. 14503. COMPLIANCE AND INELIGIBILITY.
(a) Compliance.--
(1) Federal law enforcement agencies.--Each Federal law
enforcement agency shall take such actions as may be necessary
to ensure compliance with the requirements of sections 14504
and 14505.
(2) States and localities.--For purposes of this section, a
State or unit of local government is a noncompliant
jurisdiction if that State or unit of local government does not
establish, implement, or enforce a law, policy, or procedure to
ensure compliance with the requirements of sections 14504 and
14505.
(b) Reduction of Grant Funds.--For each fiscal year beginning after
the date of enactment of this Act, a State shall be subject to a 10-
percent reduction of the funds that would otherwise be allocated for
the fiscal year to the State under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), whether characterized as the Edward Byrne Memorial State and
Local Law Enforcement Assistance Programs, the Local Government Law
Enforcement Block Grants Program, the Edward Byrne Memorial Justice
Assistance Grant Program, or otherwise, if during the prior fiscal
year--
(1) the State was a noncompliant jurisdiction; or
(2) a unit of local government was a noncompliant
jurisdiction.
(c) Reallocation of Funds.--Amounts not allocated accordingly to a
State for failure to fully comply with this Act shall be reallocated
under that program to States that have complied with this Act.
SEC. 14504. INFORMATION REQUIRED UPON ARREST OR DETENTION.
(a) In General.--In the case of an individual taken into the
custody of a law enforcement agency, the agency shall, at the time of
taking custody, including during an arrest, during or prior to booking
or intake screening as a new commitment, in transfer from another
institution, as a court return, as a return from a writ, or as a
holdover, obtain basic identification information for the individual,
including his or her name, date of birth, and last known address, as
well as ensuring that the information is accurate and complete. The
individual may not be placed into any correctional institution prior to
the acquisition and confirmation of such information.
(b) Emergency Notification Information.--The receiving institution
or agency shall also obtain the name, relationship, and contact
information, including mailing address and one or more phone numbers,
of at least one person or next-of-kin to be notified in case of death
or emergency. In all instances where counsel has entered appearance on
the record as a representative for the individual, the attorney listed
shall by default be listed as the designated emergency contact. The
attorney contact shall be provided in addition to the contact or
contacts provided by the individual.
(c) No Use in Proceedings.--Under no circumstances may any
information obtained for the purpose of identifying a next-of-kin or
designated emergency contact be used in any criminal, civil or
investigative proceeding against the individual.
SEC. 14505. NOTIFICATION BY LAW ENFORCEMENT OF FAMILY WITH REGARD TO
DEATH OR LIFE-THREATENING EMERGENCY OCCURRING TO
INDIVIDUAL IN CUSTODY.
(a) Death Notification Minimum Standards.--In the case of an
individual who dies while in the custody of a law enforcement agency:
(1) Written notification plan.--A law enforcement agency
shall have a written notification plan in place identifying all
designated staff members who are authorized, trained and
prepared to deliver notification of death to the next-of-kin or
designated contact in a professional and compassionate manner.
(2) Timeframe for notification.--In the event an individual
dies while in the custody of law enforcement, such notification
shall be delivered not later than 3 hours after the declaration
of death.
(3) Manner of notification.--To minimize confusion and
trauma suffered by the family or designated contact of the
deceased, reasonable efforts may be taken when practical to
ensure that notification is provided in-person and in a private
setting.
(4) Information required.--Such notification shall include
the official time of death, the cause of death (if determined)
and all pertinent circumstances surrounding the death,
including whether the individual's death is under investigation
and the reason for opening an investigation.
(5) Documentation of attempts.--All notification attempts
shall be documented and maintained within the custodial record,
including--
(A) the staff name and corresponding agency or
department contact information for all those
responsible for carrying out the notification;
(B) the date and time of successful and
unsuccessful contacts;
(C) the names and contacts to which attempts were
made, and any reason for failed or unsuccessful
contact; and
(D) any incidents of unclaimed or rejected claims
for the body or property of the deceased, including a
detailed description of where any unclaimed bodies and
property have been disposed of.
(b) Autopsy Notifications.--In the case of an individual who dies
while in the custody of a law enforcement agency, if an autopsy of that
individual is required:
(1) Notification.--The next-of-kin or designated contacts
shall be informed immediately upon any determination that an
autopsy shall be performed, and such notification shall include
the reason that the autopsy is being performed.
(2) Results reported.--A copy of the autopsy report and
results shall be made available to the next-of-kin or
designated contact immediately upon completion.
(3) Independent autopsy.--The State and the next of kin
shall have the opportunity to perform a separate autopsy.
(c) Life-Threatening Emergency Notification Minimum Standards.--In
the case of any life-threatening event occurring to an individual in
the custody of a law enforcement agency:
(1) Written notification plan.--A law enforcement agency
shall have a written notification plan in place identifying all
designated staff members who are authorized, trained and
prepared to deliver notification of a life-threatening event to
the next-of-kin or designated contact in a professional and
compassionate manner.
(2) Timeframe for notification.--Notice to the designated
emergency contact shall be made as soon as practicable after
the life-threatening event occurs, and, where practicable
without delaying treatment, prior to any required medical
procedure, but in any event, not later than any medical
discharge or clearance.
(3) Manner of notification.--To minimize confusion and
trauma suffered by the family or designated contact of the
individual who has suffered a life-threatening event,
reasonable efforts may be taken when practical to ensure that
notification is made in-person and in a private setting.
(4) Information required.--Such notification shall include
details of the life-threatening event, including--
(A) whether the individual is incapacitated,
unconscious, or unable to speak;
(B) the cause and nature of the life-threatening
event;
(C) whether any medical procedures or life-saving
measures were performed in response to the life-
threatening event; and
(D) whether any medical followup is recommended and
the nature of the recommended followup.
(5) Documentation of attempts.--All notification attempts
shall be documented and maintained within the custodial record,
including--
(A) the staff name and corresponding agency or
department contact information for all those
responsible for carrying out the notification;
(B) the date and time of successful and
unsuccessful contacts; and
(C) the names and contacts to which attempts were
made, and any reason for failed or unsuccessful
contact.
SEC. 14506. REPORT TO ATTORNEY GENERAL.
Section 2(b) of the Death in Custody Reporting Act of 2013 (42
U.S.C. 13727(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 a semicolon; and
(3) by inserting after paragraph (4) the following:
``(5) the date and time notification of death was provided
to the next of kin or designated contact;
``(6) the date and time of each unsuccessful notification
attempt was made; and
``(7) a detailed description of where any unclaimed bodies
and property have been disposed of, including the amount of
time lapsed prior to taking such action.''.
SEC. 14507. DEFINITIONS.
In this Act:
(1) In custody of a law enforcement agency.--The term ``in
the custody of a law enforcement agency'' means, with regard to
an individual, that the individual is detained, under arrest,
or is in the process of being arrested, is en route to be
incarcerated, or is incarcerated at a municipal or county jail,
State prison, State-run boot camp prison, boot camp prison that
is contracted out by the State, any State or local contract
facility, or other local, tribal or State correctional
facility, including a juvenile facility or a medical or mental
health facility.
(2) Custodial record.--The term ``custodial record'' means
the central file of an individual in custody.
(3) Juvenile facility.--The term ``juvenile facility''
includes juvenile or youth detention center, placement
facility, group home or other State, private or contracted unit
maintaining the custody of a youth under court order or law
enforcement action.
(4) Life-threatening.--The term ``life-threatening event''
means a medical event, episode, condition, or accident--
(A) where, without immediate treatment for the
condition, death is eminent;
(B) where hospitalization is required because of a
serious, life-threatening medical or surgical condition
that requires immediate treatment; or
(C) where an individual is unconscious or
incapacitated such that they are incapable of providing
consent for medical treatment.
Subtitle TT--Violence Against Women Reauthorization Act of 2020
SEC. 14601. SHORT TITLE.
This subtitle may be cited as the ``Violence Against Women
Reauthorization Act of 2020''.
SEC. 14602. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS.
Section 40002 of the Violence Against Women Act of 1994 (34 U.S.C.
12291) is amended--
(1) in subsection (a)--
(A) by striking ``In this title'' and inserting
``In this title, including for the purpose of grants
authorized under this Act'';
(B) by redesignating paragraphs (34) through (45)
as paragraphs (42) through (53);
(C) by inserting after paragraph (33) the
following:
``(39) Internet enabled device.--The term `internet enabled
device' means devices that have a connection the Internet, send
and receive information and data, and maybe accessed via mobile
device technology, video technology, or computer technology,
away from the location where the device is installed, and may
include home automation systems, door locks, and thermostats.
``(40) Technological abuse.--The term `technological abuse'
means behavior intended to harm, threaten, intimidate, control,
stalk, harass, impersonate, or monitor, except as otherwise
permitted by law, another person, that occurs using the
Internet, internet enabled devices, social networking sites,
computers, mobile devices, cellular telephones, apps, location
tracking devices, instant messages, text messages, or other
forms of technology. Technological abuse may include--
``(A) unwanted, repeated telephone calls, text
messages, instant messages, or social media posts;
``(B) non-consensual accessing e-mail accounts,
texts or instant messaging accounts, social networking
accounts, or cellular telephone logs;
``(C) controlling or restricting a person's ability
to access technology with the intent to isolate them
from support and social connection;
``(D) using tracking devices or location tracking
software for the purpose of monitoring or stalking
another person's location;
``(E) impersonating a person (including through the
use of spoofing technology in photo or video or the
creation of accounts under a false name) with the
intent to deceive or cause harm; or
``(F) sharing or urging or compelling the sharing
of another person's private information, photographs,
or videos without their consent.
``(41) Female genital mutilation.--The terms `female
genital mutilation', `female genital cutting', `FGM/C', or
`female circumcision' mean the intentional removal or
infibulation (or both) of either the whole or part of the
external female genitalia for non-medical reasons. External
female genitalia includes the pubis, labia minora, labia
majora, clitoris, and urethral and vaginal openings.'';
(D) in paragraph (19)(B), by striking ``and
probation'' and inserting ``probation, and vacatur or
expungement'';
(E) by redesignating paragraphs (13) through (33)
as paragraphs (18) through (38);
(F) by striking paragraphs (11) and (12) and
inserting the following:
``(13) Digital services.--The term `digital services' means
services, resources, information, support or referrals provided
through electronic communications platforms and media, whether
via mobile device technology, video technology, or computer
technology, including utilizing the internet, as well as any
other emerging communications technologies that are appropriate
for the purposes of providing services, resources, information,
support, or referrals for the benefit of victims of domestic
violence, dating violence, sexual assault, or stalking.
``(14) Economic abuse.--The term `economic abuse', in the
context of domestic violence, dating violence, and abuse in
later life, means behavior that is coercive, deceptive, or
unreasonably controls or restrains a person's ability to
acquire, use, or maintain economic resources to which they are
entitled, including using coercion, fraud, or manipulation to--
``(A) restrict a person's access to money, assets,
credit, or financial information;
``(B) unfairly use a person's personal economic
resources, including money, assets, and credit, for
one's own advantage; or
``(C) exert undue influence over a person's
financial and economic behavior or decisions, including
forcing default on joint or other financial
obligations, exploiting powers of attorney,
guardianship, or conservatorship, or failing or
neglecting to act in the best interests of a person to
whom one has a fiduciary duty.
``(15) Elder abuse.--The term `elder abuse' has the meaning
given that term in section 2 of the Elder Abuse Prevention and
Prosecution Act. The terms `abuse,' `elder,' and `exploitation'
have the meanings given those terms in section 2011 of the
Social Security Act (42 U.S.C. 1397j).
``(16) Forced marriage.--The term `forced marriage' means a
marriage to which one or both parties do not or cannot consent,
and in which one or more elements of force, fraud, or coercion
is present. Forced marriage can be both a cause and a
consequence of domestic violence, dating violence, sexual
assault or stalking.
``(17) Homeless.--The term `homeless' has the meaning given
such term in section 41403(6).'';
(G) by redesignating paragraphs (9) and (10) as
paragraphs (11) and (12), respectively;
(H) by amending paragraph (8) to read as follows:
``(10) Domestic violence.--The term `domestic violence'
means a pattern of behavior involving the use or attempted use
of physical, sexual, verbal, emotional, economic, or
technological abuse or any other coercive behavior committed,
enabled, or solicited to gain or maintain power and control
over a victim, by a person who--
``(A) is a current or former spouse or dating
partner of the victim, or other person similarly
situated to a spouse of the victim under the family or
domestic violence laws of the jurisdiction;
``(B) is cohabitating with or has cohabitated with
the victim as a spouse or dating partner, or other
person similarly situated to a spouse of the victim
under the family or domestic violence laws of the
jurisdiction;
``(C) shares a child in common with the victim;
``(D) is an adult family member of, or paid or
nonpaid caregiver for, a victim aged 50 or older or an
adult victim with disabilities; or
``(E) commits acts against a youth or adult victim
who is protected from those acts under the family or
domestic violence laws of the jurisdiction.'';
(I) by redesignating paragraphs (6) and (7) as
paragraphs (8) and (9), respectively;
(J) by amending paragraph (5) to read as follows:
``(7) Court-based and court-related personnel.--The terms
`court-based personnel' and `court-related personnel' mean
persons working in the court, whether paid or volunteer,
including--
``(A) clerks, special masters, domestic relations
officers, administrators, mediators, custody
evaluators, guardians ad litem, lawyers, negotiators,
probation, parole, interpreters, victim assistants,
victim advocates, and judicial, administrative, or any
other professionals or personnel similarly involved in
the legal process;
``(B) court security personnel;
``(C) personnel working in related, supplementary
offices or programs (such as child support
enforcement); and
``(D) any other court-based or community-based
personnel having responsibilities or authority to
address domestic violence, dating violence, sexual
assault, or stalking in the court system.'';
(K) by redesignating paragraphs (2) through (4) as
paragraphs (4) through (6) respectively;
(L) by inserting after paragraph (1) the following:
``(3) Alternative justice response.--The term `alternative
justice response' means a process, whether court-ordered or
community-based, that--
``(A) involves, on a voluntary basis, and to the
extent possible, those who have committed a specific
offense and those who have been harmed as a result of
the offense;
``(B) has the goal of collectively seeking
accountability from the accused, and developing a
process whereby the accused will take responsibility
for his or her actions, and a plan for providing relief
to those harmed, through allocution, restitution,
community service, or other processes upon which the
victim, the accused, the community, and the court (if
court-ordered) can agree;
``(C) is conducted in a framework that protects
victim safety and supports victim autonomy; and
``(D) provides that information disclosed during
such process may not be used for any other law
enforcement purpose, including impeachment or
prosecution, without the express permission of all
participants.'';
(M) by redesignating paragraph (1) as paragraph
(2); and
(N) by inserting before paragraph (2) (as
redesignated in subparagraph (M) of this paragraph) the
following:
``(1) Abuse in later life.--The term `abuse in later life'
means neglect, abandonment, domestic violence, dating violence,
sexual assault, or stalking of an adult over the age of 50 by
any person, or economic abuse of that adult by a person in an
ongoing, relationship of trust with the victim. Self-neglect is
not included in this definition.'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by redesignating subparagraphs (F) and
(G) as subparagraphs (H) and (I);
(ii) by inserting after subparagraph (E)
the following:
``(G) Death of the party whose privacy had been
protected.--In the event of the death of any victim
whose confidentiality and privacy is required to be
protected under this subsection, such requirement shall
continue to apply, and the right to authorize release
of any confidential or protected information be vested
in the next of kin, except that consent for release of
the deceased victim's information may not be given by a
person who had perpetrated abuse against the deceased
victim.'';
(iii) by redesignating subparagraphs (D)
through (E) as subparagraphs (E) through (F);
and
(iv) by inserting after subparagraph (C)
the following:
``(D) Use of technology.--Grantees and subgrantees
may use telephone, internet, and other technologies to
protect the privacy, location and help-seeking
activities of victims using services. Such technologies
may include--
``(i) software, apps or hardware that block
caller ID or conceal IP addresses, including
instances in which victims use digital
services; or
``(ii) technologies or protocols that
inhibit or prevent a perpetrator's attempts to
use technology or social media to threaten,
harass or harm the victim, the victim's family,
friends, neighbors or co-workers, or the
program providing services to them.'';
(B) in paragraph (3), by inserting after ``designed
to reduce or eliminate domestic violence, dating
violence, sexual assault, and stalking'' the following:
``provided that the confidentiality and privacy
requirements of this title are maintained, and that
personally identifying information about adult, youth,
and child victims of domestic violence, dating
violence, sexual assault and stalking is not requested
or included in any such collaboration or information-
sharing'';
(C) in paragraph (6), by adding at the end the
following: ``However, such disbursing agencies must
ensure that the confidentiality and privacy
requirements of this title are maintained in making
such reports, and that personally identifying
information about adult, youth and child victims of
domestic violence, dating violence, sexual assault and
stalking is not requested or included in any such
reports.'';
(D) in paragraph (11), by adding at the end the
following: ``The Office on Violence Against Women shall
make all technical assistance available as broadly as
possible to any appropriate grantees, subgrantees,
potential grantees, or other entities without regard to
whether the entity has received funding from the Office
on Violence Against Women for a particular program or
project.'';
(E) in paragraph (13)--
(i) in subparagraph (A), by inserting after
``the Violence Against Women Reauthorization
Act of 2013'' the following: ``(Public Law 113-
4; 127 Stat. 54)''; and
(ii) in subparagraph (C), by striking
``section 3789d of title 42, United States
Code'' and inserting ``section 809 of title I
of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10228)'';
(F) in paragraph (14), by inserting after ``are
also victims of'' the following: ``forced marriage,
or''; and
(G) in paragraph (16)--
(i) in subparagraph (C)(i), by striking
``$20,000 in Department funds, unless the
Deputy Attorney General'' and inserting
``$100,000 in Department funds, unless the
Director or Principal Deputy Director of the
Office on Violence Against Women, the Deputy
Attorney General,''; and
(ii) by adding at the end the following:
``(E) Ineligibility.--If the Attorney General finds
that a recipient of grant funds under this Act has
fraudulently misused such grant funds, after reasonable
notice and opportunity for a hearing, such recipient
shall not be eligible to receive grant funds under this
Act for up to 5 years. A misuse of grant funds or an
error that does not rise to the level of fraud is not
grounds for ineligibility.''; and
(3) by adding at the end the following:
``(c) Rule of Construction.--For purposes of this Act, nothing may
be construed to preclude the term `domestic violence' from including
economic abuse each place the term `domestic violence' occurs unless
doing so would trigger an extension of effective date under section
703(f)(1)(B) of the Violence Against Women Reauthorization Act of
2019.''.
SEC. 14603. REPORTING ON FEMALE GENITAL MUTILATION, FEMALE GENITAL
CUTTING, OR FEMALE CIRCUMCISION.
(a) In General.--The Director of the Federal Bureau of
Investigation shall, pursuant to section 534 of title 28, United States
Code, classify the offense of female genital mutilation, female genital
cutting, or female circumcision as a part II crime in the Uniform Crime
Reports.
(b) Definition.--In this section, the terms ``female genital
mutilation'', ``female genital cutting'', ``FGM/C'', or ``female
circumcision'' mean the intentional removal or infibulation (or both)
of either the whole or part of the external female genitalia for non-
medical reasons. External female genitalia includes the pubis, labia
minora, labia majora, clitoris, and urethral and vaginal openings.
SEC. 14604. AGENCY AND DEPARTMENT COORDINATION.
The heads of Executive Departments responsible for carrying out
this Act are authorized to coordinate and collaborate on the prevention
of domestic violence, dating violence, sexual assault, and stalking,
including sharing best practices and efficient use of resources and
technology for victims and those seeking assistance from the
Government.
PART 1--ENHANCING LEGAL TOOLS TO COMBAT DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, AND STALKING
SEC. 14611. STOP GRANTS.
(a) In General.--Part T of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) is amended--
(1) in section 2001(b)--
(A) in paragraph (3), by inserting before the
semicolon at the end the following: ``including
implementation of the non-discrimination requirements
in section 40002(b)(13) of the Violence Against Women
Act of 1994'';
(B) in paragraph (9)--
(i) by striking ``older and disabled
women'' and inserting ``people 50 years of age
or over and people with disabilities''; and
(ii) by striking ``older and disabled
individuals'' and inserting ``people'';
(C) in paragraph (19), by striking ``and'' at the
end;
(D) in paragraph (20), by striking the period at
the end and inserting a semicolon; and
(E) by inserting after paragraph (20), the
following:
``(21) developing and implementing laws, policies,
procedures, or training to ensure the lawful recovery and
storage of any dangerous weapon by the appropriate law
enforcement agency from an adjudicated perpetrator of any
offense of domestic violence, dating violence, sexual assault,
or stalking, and the return of such weapon when appropriate,
where any Federal, State, tribal, or local court has--
``(A)(i) issued protective or other restraining
orders against such a perpetrator; or
``(ii) found such a perpetrator to be guilty of
misdemeanor or felony crimes of domestic violence,
dating violence, sexual assault, or stalking; and
``(B) ordered the perpetrator to relinquish
dangerous weapons that the perpetrator possesses or has
used in the commission of at least one of the
aforementioned crimes;
Policies, procedures, protocols, laws, regulations, or training
under this section shall include the safest means of recovery
of, and best practices for storage of, relinquished and
recovered dangerous weapons and their return, when applicable,
at such time as the individual is no longer prohibited from
possessing such weapons under Federal, State, or Tribal law, or
posted local ordinances;
``(22) developing, enlarging, or strengthening culturally
specific victim services programs to provide culturally
specific victim services regarding, responses to, and
prevention of female genital mutilation, female genital
cutting, or female circumcision;
``(23) providing victim advocates in State or local law
enforcement agencies, prosecutors' offices, and courts and
providing supportive services and advocacy to urban American
Indian and Alaska Native victims of domestic violence, dating
violence, sexual assault, and stalking.'';
(2) in section 2007--
(A) in subsection (d)--
(i) by redesignating paragraphs (5) and (6)
as paragraphs (7) and (8), respectively; and
(ii) by inserting after paragraph (4) the
following:
``(5) proof of compliance with the requirements regarding
protocols to strongly discourage compelling victim testimony,
described in section 2017;
``(6) proof of compliance with the requirements regarding
civil rights under section 40002(b)(13) of the Violent Crime
Control and Law Enforcement Act of 1994;'';
(B) in subsection (i)--
(i) in paragraph (1), by inserting before
the semicolon at the end the following: ``and
the requirements under section 40002(b) of the
Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12291(b))''; and
(ii) in paragraph (2)(C)(iv), by inserting
after ``ethnicity,'' the following: ``sexual
orientation, gender identity,''; and
(C) by adding at the end the following:
``(k) Reviews for Compliance With Nondiscrimination Requirements.--
``(1) In general.--If allegations of discrimination in
violation of section 40002(b)(13)(A) of the Violence Against
Women Act of 1994 (34 U.S.C. 12291(b)(13)(A)) by a potential
grantee under this part have been made to the Attorney General,
the Attorney General shall, prior to awarding a grant under
this part to such potential grantee, conduct a review of the
compliance of the potential grantee with such section.
``(2) Establishment of rule.--Not later than 1 year after
the date of enactment of the Violence Against Women
Reauthorization Act of 2019, the Attorney General shall by rule
establish procedures for such a review.
``(3) Annual report.--Beginning on the date that is 1 year
after the date of enactment of the Violence Against Women
Reauthorization Act of 2019, the Attorney General shall report
to the Committees on the Judiciary of the Senate and of the
House of Representatives regarding compliance with section
40002(b)(13)(A) of the Violence Against Women Act of 1994 (34
U.S.C. 12291(b)(13)(A)) by recipients of grants under this
part.''; and
(3) by adding at the end the following:
``SEC. 2017. GRANT ELIGIBILITY REGARDING COMPELLING VICTIM TESTIMONY.
``In order to be eligible for a grant under this part, a State,
Indian tribal government, territorial government, or unit of local
government shall certify that, not later than 3 years after the date of
enactment of this section, their laws, policies, or practices will
include a detailed protocol to discourage the use of bench warrants,
material witness warrants, perjury charges, or other means of
compelling victim-witness testimony in the investigation, prosecution,
trial, or sentencing of a crime related to the domestic violence,
sexual assault, dating violence or stalking of the victim.''.
(b) Authorization of Appropriations.--Section 1001(a)(18) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(18)) is amended by striking ``2014 through 2018'' and
inserting ``2020 through 2024''.
SEC. 14612. GRANTS TO IMPROVE THE CRIMINAL JUSTICE RESPONSE.
(a) Heading.--Part U of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) is amended in the
heading, by striking ``grants to encourage arrest policies'' and
inserting ``grants to improve the criminal justice response''.
(b) Grants.--Section 2101 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10461) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Program Purpose.--The purpose of this part is to
assist States, State and local courts (including juvenile courts),
Indian tribal governments, tribal courts, and units of local government
to develop and strengthen effective law enforcement and prosecution
strategies to combat violent crimes against women, and to develop and
strengthen victim services in cases involving violent crimes against
women.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``proarrest'' and
inserting ``offender accountability and homicide
reduction'';
(B) in paragraph (8)--
(i) by striking ``older individuals (as
defined in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002))'' and inserting
``people 50 years of age or over''; and
(ii) by striking ``individuals with
disabilities (as defined in section 3(2) of the
Americans with Disabilities Act of 1990 (42
U.S.C. 12102(2)))'' and inserting ``people with
disabilities (as defined in the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102))'';
(C) in paragraph (19), by inserting before the
period at the end the following ``, including victims
among underserved populations (as defined in section
40002(a)(46) of the Violence Against Women Act of
1994)''; and
(D) by adding at the end the following:
``(23) To develop and implement an alternative justice
response (as such term is defined in section 40002(a) of the
Violence Against Women Act of 1994).
``(24) To develop and implement policies, procedures,
protocols, laws, regulations, or training to ensure the lawful
recovery and storage of any dangerous weapon by the appropriate
law enforcement agency from an adjudicated perpetrator of any
offense of domestic violence, dating violence, sexual assault,
or stalking, and the return of such weapon when appropriate,
where any Federal, State, tribal, or local court has--
``(A)(i) issued protective or other restraining
orders against such a perpetrator; or
``(ii) found such a perpetrator to be guilty of
misdemeanor or felony crimes of domestic violence,
dating violence, sexual assault, or stalking; and
``(B) ordered the perpetrator to relinquish
dangerous weapons that the perpetrator possesses or has
used in the commission of at least one of the
aforementioned crimes.
Policies, procedures, protocols, laws, regulations, or training
under this section shall include the safest means of recovery
of and best practices for storage of relinquished and recovered
dangerous weapons and their return, when applicable, at such
time as the persons are no longer prohibited from possessing
such weapons under Federal, State, Tribal or municipal law.'';
and
(3) in subsection (c)(1)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``encourage
or mandate arrests of domestic violence
offenders'' and inserting ``encourage arrests
of offenders''; and
(ii) in clause (ii), by striking
``encourage or mandate arrest of domestic
violence offenders'' and inserting ``encourage
arrest of offenders''; and
(B) by inserting after subparagraph (E) the
following:
``(F) certify that, not later than 3 years after
the date of the enactment of this subparagraph, their
laws, policies, or practices will include a detailed
protocol to strongly discourage the use of bench
warrants, material witness warrants, perjury charges,
or other means of compelling victim-witness testimony
in the investigation, prosecution, trial, or sentencing
of a crime related to the domestic violence, sexual
assault, dating violence or stalking of the victim;
and''.
(c) Authorization of Appropriations.--Section 1001(a)(19) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)(19)) is amended by striking ``2014 through 2018'' and
inserting ``2020 through 2024''.
SEC. 14613. LEGAL ASSISTANCE FOR VICTIMS.
(a) In General.--Section 1201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (34 U.S.C. 20121) is
amended--
(1) in subsection (a), by inserting after ``no cost to the
victims.'' the following: ``When legal assistance to a
dependent is necessary for the safety of a victim, such
assistance may be provided.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting after
``stalking, and sexual assault'' the following: ``, or
for dependents when necessary for the safety of a
victim'';
(B) in paragraph (2), by inserting after
``stalking, and sexual assault'' the following: ``, or
for dependents when necessary for the safety of a
victim,''; and
(C) in paragraph (3), by inserting after ``sexual
assault, or stalking'' the following: ``, or for
dependents when necessary for the safety of a
victim,''; and
(3) in subsection (f)(1), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
(b) GAO Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on the return on investment for legal assistance
grants awarded pursuant to section 1201 of division B of the Victims of
Trafficking and Violence Protection Act of 2000 (34 U.S.C. 20121),
including an accounting of the amount saved, if any, on housing,
medical, or employment social welfare programs.
SEC. 14614. GRANTS TO SUPPORT FAMILIES IN THE JUSTICE SYSTEM.
Section 1301 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 12464) is amended--
(1) in subsection (b)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8)--
(i) by striking ``to improve'' and
inserting ``improve''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after paragraph (8) the following:
``(9) develop and implement an alternative justice response
(as such term is defined in section 40002(a) of the Violence
Against Women Act of 1994).''; and
(2) in subsection (e), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14615. OUTREACH AND SERVICES TO UNDERSERVED POPULATIONS GRANTS.
Section 120 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (34 U.S.C. 20123) is amended--
(1) in subsection (d)--
(A) in paragraph (4), by striking ``or'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(6) developing, enlarging, or strengthening culturally
specific programs and projects to provide culturally specific
services regarding, responses to, and prevention of female
genital mutilation, female genital cutting, or female
circumcision.''; and
(2) in subsection (g), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14616. CRIMINAL PROVISIONS.
Section 2265 of title 18, United States Code, is amended--
(1) in subsection (d)(3)--
(A) by striking ``restraining order or
injunction,''; and
(B) by adding at the end the following: ``The
prohibition under this paragraph applies to all
protection orders for the protection of a person
residing within a State, territorial, or tribal
jurisdiction, whether or not the protection order was
issued by that State, territory, or Tribe.''; and
(2) in subsection (e), by adding at the end the following:
``This applies to all Alaska tribes without respect to `Indian
country' or the population of the Native village associated
with the Tribe.''.
SEC. 14617. RAPE SURVIVOR CHILD CUSTODY.
Section 409 of the Justice for Victims of Trafficking Act of 2015
(34 U.S.C. 21308) is amended by striking ``2015 through 2019'' and
inserting ``2020 through 2024''.
SEC. 14618. ENHANCING CULTURALLY SPECIFIC SERVICES FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Section 121(a) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (34 U.S.C. 20124(a)) is amended by
adding at the end the following:
``(3) Additional authorization of appropriations.--In
addition to the amounts made available under paragraph (1),
there are authorized to be appropriated to carry out this
section $2,000,000 for each of fiscal years 2020 through
2024.''.
SEC. 14619. GRANTS FOR LETHALITY ASSESSMENT PROGRAMS.
(a) In General.--The Attorney General may make grants to States,
units of local government, Indian tribes, domestic violence victim
service providers, and State or Tribal Domestic Violence Coalitions for
technical assistance and training in the operation or establishment of
a lethality assessment program.
(b) Definition.--In this section, the term ``lethality assessment
program'' means a program that--
(1) rapidly connects a victim of domestic violence to local
community-based victim service providers;
(2) helps first responders and others in the justice
system, including courts, law enforcement agencies, and
prosecutors of tribal government and units of local government,
identify and respond to possibly lethal circumstances; and
(3) identifies victims of domestic violence who are at high
risk of being seriously injured or killed by an intimate
partner.
(c) Qualifications.--To be eligible for a grant under this section,
an applicant shall demonstrate experience in developing, implementing,
evaluating, and disseminating a lethality assessment program.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section for each of fiscal
years 2020 through 2024.
(e) Definitions.--Terms used in this section have the meanings
given such terms in section 40002 of the Violence Against Women Act of
1994.
PART 2--IMPROVING SERVICES FOR VICTIMS
SEC. 14621. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12511) is amended--
(1) in subsection (b)(4), by striking ``0.25 percent'' and
inserting ``0.5 percent''; and
(2) in subsection (f)(1), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14622. SEXUAL ASSAULT SERVICES PROGRAM.
Section 41601(f)(1) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12511(f)(1)) is amended by striking
``$40,000,000 to remain available until expended for each of fiscal
years 2014 through 2018'' and inserting ``$60,000,000 to remain
available until expended for each of fiscal years 2020 through 2024''.
SEC. 14623. RURAL DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
STALKING, AND CHILD ABUSE ENFORCEMENT ASSISTANCE PROGRAM.
Section 40295 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12341) is amended--
(1) in subsection (a)(3), by striking ``women'' and
inserting ``adults, youth,''; and
(2) in subsection (e)(1), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14624. TRAINING AND SERVICES TO END VIOLENCE AGAINST PEOPLE WITH
DISABILITIES.
Section 1402 of division B of the Victims of Trafficking and
Violence Protection Act of 2000 (34 U.S.C. 20122) is amended--
(1) in the heading, by striking ``women'' and inserting
``people'';
(2) in subsection (a), by striking ``individuals'' each
place it appears and inserting ``people'';
(3) in subsection (b)--
(A) by striking ``disabled individuals'' each place
it appears and inserting ``people with disabilities'';
(B) in paragraph (3), by inserting after ``law
enforcement'' the following: ``and other first
responders''; and
(C) in paragraph (8), by striking ``providing
advocacy and intervention services within'' and
inserting ``to enhance the capacity of'';
(4) in subsection (c), by striking ``disabled individuals''
and inserting ``people with disabilities''; and
(5) in subsection (e), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14625. TRAINING AND SERVICES TO END ABUSE IN LATER LIFE.
Section 40801 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12421)--
(1) in the heading, by striking ``enhanced training'' and
inserting ``training'';
(2) by striking subsection ``(a) Definitions.--In this
section--'' and all that follows through paragraph (1) of
subsection (b) and inserting the following: ``The Attorney
General shall make grants to eligible entities in accordance
with the following:'';
(3) by redesignating paragraphs (2) through (5) of
subsection (b) as paragraphs (1) through (4);
(4) in paragraph (1) (as redesignated by paragraph (3) of
this subsection)--
(A) by striking ``, including domestic violence,
dating violence, sexual assault, stalking,
exploitation, and neglect'' each place it appears;
(B) in subparagraph (A)--
(i) in clause (i), by inserting after
``elder abuse'' the following: ``and abuse in
later life'';
(ii) in clauses (ii) and (iii), by
inserting after ``victims of'' the following:
``elder abuse and''; and
(iii) in clause (iv), by striking
``advocates, victim service providers, and
courts to better serve victims of abuse in
later life'' and inserting ``leaders, victim
advocates, victim service providers, courts,
and first responders to better serve older
victims'';
(C) in subparagraph (B)--
(i) in clause (i), by striking ``or other
community-based organizations in recognizing
and addressing instances of abuse in later
life'' and inserting ``community-based
organizations, or other professionals who may
identify or respond to abuse in later life'';
and
(ii) in clause (ii), by inserting after
``victims of'' the following: ``elder abuse
and''; and
(D) in subparagraph (D), by striking ``subparagraph
(B)(ii)'' and inserting ``paragraph (2)(B)'';
(5) in paragraph (2) (as redesignated by paragraph (3))--
(A) in subparagraph (A), by striking ``over 50
years of age'' and inserting ``50 years of age or
over''; and
(B) in subparagraph (B), by striking ``in later
life'' and inserting ``50 years of age or over''; and
(6) in paragraph (4) (as redesignated by paragraph (3)), by
striking ``2014 through 2018'' and inserting ``2020 through
2024''.
SEC. 14626. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW
ENFORCEMENT.
Title IV of the Violent Crime Control and Law Enforcement Act of
1994 (34 U.S.C. 10101 note) is amended by adding at the end the
following:
``Subtitle Q--Trauma-informed Training for Law Enforcement
``SEC. 41701. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW
ENFORCEMENT.
``(a) Definitions.--In this section--
``(1) the term `Attorney General' means the Attorney
General, acting through the Director of the Office on Violence
Against Women;
``(2) the term `covered individual' means an individual who
interfaces with victims of domestic violence, dating violence,
sexual assault, and stalking, including--
``(A) an individual working for or on behalf of an
eligible entity;
``(B) a school or university administrator; and
``(C) an emergency services or medical employee;
``(3) the term `demonstration site', with respect to an
eligible entity that receives a grant under this section,
means--
``(A) if the eligible entity is a law enforcement
agency described in paragraph (4)(A), the area over
which the eligible entity has jurisdiction; and
``(B) if the eligible entity is an organization or
agency described in paragraph (4)(B), the area over
which a law enforcement agency described in paragraph
(4)(A) that is working in collaboration with the
eligible entity has jurisdiction; and
``(4) the term `eligible entity' means--
``(A) a State, local, territorial, or Tribal law
enforcement agency; or
``(B) a national, regional, or local victim
services organization or agency working in
collaboration with a law enforcement agency described
in subparagraph (A).
``(b) Grants Authorized.--
``(1) In general.--The Attorney General shall award grants
on a competitive basis to eligible entities to carry out the
demonstration program under this section by implementing
evidence-based or promising policies and practices to
incorporate trauma-informed techniques designed to--
``(A) prevent re-traumatization of the victim;
``(B) ensure that covered individuals use evidence-
based practices to respond to and investigate cases of
domestic violence, dating violence, sexual assault, and
stalking;
``(C) improve communication between victims and law
enforcement officers in an effort to increase the
likelihood of the successful investigation and
prosecution of the reported crime in a manner that
protects the victim to the greatest extent possible;
``(D) increase collaboration among stakeholders who
are part of the coordinated community response to
domestic violence, dating violence, sexual assault, and
stalking; and
``(E) evaluate the effectiveness of the training
process and content by measuring--
``(i) investigative and prosecutorial
practices and outcomes; and
``(ii) the well-being of victims and their
satisfaction with the criminal justice process.
``(2) Term.--The Attorney General shall make grants under
this section for each of the first 2 fiscal years beginning
after the date of enactment of this Act.
``(3) Award basis.--The Attorney General shall award grants
under this section to multiple eligible entities for use in a
variety of settings and communities, including--
``(A) urban, suburban, Tribal, remote, and rural
areas;
``(B) college campuses; or
``(C) traditionally underserved communities.
``(c) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant to--
``(1) train covered individuals within the demonstration
site of the eligible entity to use evidence-based, trauma-
informed techniques and knowledge of crime victims' rights
throughout an investigation into domestic violence, dating
violence, sexual assault, or stalking, including by--
``(A) conducting victim interviews in a manner
that--
``(i) elicits valuable information about
the domestic violence, dating violence, sexual
assault, or stalking; and
``(ii) avoids re-traumatization of the
victim;
``(B) conducting field investigations that mirror
best and promising practices available at the time of
the investigation;
``(C) customizing investigative approaches to
ensure a culturally and linguistically appropriate
approach to the community being served;
``(D) becoming proficient in understanding and
responding to complex cases, including cases of
domestic violence, dating violence, sexual assault, or
stalking--
``(i) facilitated by alcohol or drugs;
``(ii) involving strangulation;
``(iii) committed by a non-stranger;
``(iv) committed by an individual of the
same sex as the victim;
``(v) involving a victim with a disability;
``(vi) involving a male victim; or
``(vii) involving a lesbian, gay, bisexual,
or transgender (commonly referred to as `LGBT')
victim;
``(E) developing collaborative relationships
between--
``(i) law enforcement officers and other
members of the response team; and
``(ii) the community being served; and
``(F) developing an understanding of how to define,
identify, and correctly classify a report of domestic
violence, dating violence, sexual assault, or stalking;
and
``(2) promote the efforts of the eligible entity to improve
the response of covered individuals to domestic violence,
dating violence, sexual assault, and stalking through various
communication channels, such as the website of the eligible
entity, social media, print materials, and community meetings,
in order to ensure that all covered individuals within the
demonstration site of the eligible entity are aware of those
efforts and included in trainings, to the extent practicable.
``(d) Demonstration Program Trainings on Trauma-Informed
Approaches.--
``(1) Identification of existing trainings.--
``(A) In general.--The Attorney General shall
identify trainings for law enforcement officers, in
existence as of the date on which the Attorney General
begins to solicit applications for grants under this
section, that--
``(i) employ a trauma-informed approach to
domestic violence, dating violence, sexual
assault, and stalking; and
``(ii) focus on the fundamentals of--
``(I) trauma responses; and
``(II) the impact of trauma on
victims of domestic violence, dating
violence, sexual assault, and stalking.
``(B) Selection.--An eligible entity that receives
a grant under this section shall select one or more of
the approaches employed by a training identified under
subparagraph (A) to test within the demonstration site
of the eligible entity.
``(2) Consultation.--In carrying out paragraph (1), the
Attorney General shall consult with the Director of the Office
for Victims of Crime in order to seek input from and cultivate
consensus among outside practitioners and other stakeholders
through facilitated discussions and focus groups on best
practices in the field of trauma-informed care for victims of
domestic violence, dating violence, sexual assault, and
stalking.
``(e) Evaluation.--The Attorney General, in consultation with the
Director of the National Institute of Justice, shall require each
eligible entity that receives a grant under this section to identify a
research partner, preferably a local research partner, to--
``(1) design a system for generating and collecting the
appropriate data to facilitate an independent process or impact
evaluation of the use of the grant funds;
``(2) periodically conduct an evaluation described in
paragraph (1); and
``(3) periodically make publicly available, during the
grant period--
``(A) preliminary results of the evaluations
conducted under paragraph (2); and
``(B) recommendations for improving the use of the
grant funds.
``(f) Authorization of Appropriations.--The Attorney General shall
carry out this section using amounts otherwise available to the
Attorney General.
``(g) Rule of Construction.--Nothing in this section shall be
construed to interfere with the due process rights of any
individual.''.
PART 3--SERVICES, PROTECTION, AND JUSTICE FOR YOUNG VICTIMS
SEC. 14631. RAPE PREVENTION AND EDUCATION GRANT.
Section 393A of the Public Health Service Act (42 U.S.C. 280b-1b)
is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting before the
semicolon at the end the following ``or digital
services (as such term is defined in section 40002(a)
of the Violence Against Women Act of 1994)''; and
(B) in paragraph (7), by striking ``sexual
assault'' and inserting ``sexual violence, sexual
assault, and sexual harassment'';
(2) in subsection (b), by striking ``Indian tribal'' and
inserting ``Indian Tribal'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``$50,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$150,000,000 for each of fiscal years 2020 through
2024''; and
(B) in paragraph (3), by adding at the end the
following: ``Not less than 80 percent of the total
amount made available under this subsection in each
fiscal year shall be awarded in accordance with this
paragraph.''; and
(4) by adding at the end the following:
``(e) Report.--Not later than 1 year after the date of the
enactment of the Violence Against Women Reauthorization Act of 2019,
the Secretary, acting through the Director of the Centers for Disease
Control and Prevention, shall submit to Congress, the Committee on
Appropriations and the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Appropriations and the Committee
on Health, Education, Labor, and Pensions of the Senate a report on the
activities funded by grants awarded under this section and best
practices relating to rape prevention and education.''.
SEC. 14632. CREATING HOPE THROUGH OUTREACH, OPTIONS, SERVICES, AND
EDUCATION (CHOOSE) FOR CHILDREN AND YOUTH.
Section 41201 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12451) is amended--
(1) in subsection (a)--
(A) by striking ``stalking, or sex trafficking''
and inserting ``or stalking''; and
(B) by adding at the end the following: ``Grants
awarded under this section may be used to address sex
trafficking or bullying as part of a comprehensive
program focused primarily on domestic violence, dating
violence, sexual assault, or stalking.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``target youth who are victims
of domestic violence, dating violence, sexual
assault, stalking, and sex trafficking'' and
inserting ``target youth, including youth in
underserved populations who are victims of
domestic violence, dating violence, sexual
assault, stalking, and sex trafficking'';
(ii) in subparagraph (B), by striking
``or'' at the end;
(iii) in subparagraph (C), by striking the
period at the end and inserting a semicolon;
and
(iv) by inserting after subparagraph (C)
the following:
``(D) clarify State or local mandatory reporting
policies and practices regarding peer-to-peer dating
violence, sexual assault, stalking, and sex
trafficking; or
``(E) develop, enlarge, or strengthen culturally
specific programs and projects to provide culturally
specific services regarding, responses to, and
prevention of female genital mutilation, female genital
cutting, or female circumcision.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``stalking, or sex trafficking'' and inserting
``stalking, sex trafficking, or female genital
mutilation, female genital cutting, or female
circumcision'';
(ii) in subparagraph (C), by inserting
``confidential'' before ``support services'';
and
(iii) in subparagraph (E), by inserting
after ``programming for youth'' the following:
``, including youth in underserved
populations,'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``stalking, or
sex trafficking'' and inserting ``or stalking''; and
(B) in paragraph (2)(A), by striking ``paragraph
(1)'' and inserting ``subparagraph (A) or (B) of
paragraph (1)'';
(4) in subsection (d)(3), by striking ``stalking, and sex
trafficking'' and inserting ``and stalking, including training
on working with youth in underserved populations (and, where
intervention or programming will include a focus on female
genital mutilation, female genital cutting, or female
circumcision, or on sex trafficking, sufficient training on
those topics)''; and
(5) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$25,000,000
for each of fiscal years 2020 through 2024''.
SEC. 14633. GRANTS TO COMBAT VIOLENT CRIMES ON CAMPUSES.
(a) In General.--Section 304 of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (34 U.S.C. 20125) is
amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) To develop, strengthen, and implement campus
policies, protocols, and services that more effectively
identify and respond to the crimes of domestic violence, dating
violence, sexual assault and stalking, including the use of
technology to commit these crimes, and to train campus
administrators, campus security personnel, and all participants
in the resolution process, including the Title IX coordinator's
office and student conduct office on campus disciplinary or
judicial boards on such policies, protocols, and services.'';
(B) by amending paragraph (3) to read as follows:
``(3) To provide prevention and education programming about
domestic violence, dating violence, sexual assault, and
stalking, including technological abuse and reproductive and
sexual coercion, that is age-appropriate, culturally relevant,
ongoing, delivered in multiple venues on campus, accessible,
promotes respectful nonviolent behavior as a social norm, and
engages men and boys. Such programming should be developed in
partnership or collaboratively with experts in intimate partner
and sexual violence prevention and intervention.'';
(C) in paragraph (4), by inserting after ``improve
delivery of'' the following: ``primary prevention
training and'';
(D) in paragraph (9), by striking ``and provide''
and inserting ``, provide, and disseminate'';
(E) in paragraph (10), by inserting after ``or
adapt'' the following ``and disseminate''; and
(F) by inserting after paragraph (10) the
following:
``(11) To train campus health centers and appropriate
campus faculty, such as academic advisors or professionals who
deal with students on a daily basis, on how to recognize and
respond to domestic violence, dating violence, sexual assault,
and stalking, including training health providers on how to
provide universal education to all members of the campus
community on the impacts of violence on health and unhealthy
relationships and how providers can support ongoing outreach
efforts.
``(12) To train campus personnel in how to use a victim-
centered, trauma-informed interview technique, which means
asking questions of a student or a campus employee who is
reported to be a victim of sexual harassment, sexual assault,
domestic violence, dating violence, or stalking, in a manner
that is focused on the experience of the reported victim, that
does not judge or blame the reported victim for the alleged
crime, and that is informed by evidence-based research on the
neurobiology of trauma. To the extent practicable, campus
personnel shall allow the reported victim to participate in a
recorded interview and to receive a copy of the recorded
interview.
``(13) To develop and implement an alternative justice
response (as such term is defined in section 40002(a) of the
Violence Against Women Act of 1994).'';
(2) in subsection (c)(3), by striking ``2014 through 2018''
and inserting ``2020 through 2024'';
(3) in subsection (d)--
(A) in paragraph (3)(B), by striking ``for all
incoming students'' and inserting ``for all students'';
(B) by amending paragraph (3)(D) to read as
follows:
``(D) The grantee shall train all participants in
the resolution process, including the Title IX
coordinator's office and student conduct office, to
respond effectively to situations involving domestic
violence, dating violence, sexual assault, or
stalking.''; and
(C) in paragraph (4)(C), by inserting after
``sex,'' the following: ``sexual orientation, gender
identity,''; and
(4) in subsection (e), by striking ``$12,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$16,000,000
for each of fiscal years 2020 through 2024''.
(b) Report on Best Practices Regarding Domestic Violence, Dating
Violence, Sexual Assault, and Stalking on Campuses.--Not later than 1
year after the date of enactment of this Act, the Secretary of
Education shall submit to Congress a report, which includes--
(1) an evaluation of programs, events, and educational
materials related to domestic violence, dating violence, sexual
assault, and stalking; and
(2) an assessment of best practices and guidance from the
evaluation described in paragraph (1), which shall be made
publicly available online to universities and college campuses
to use as a resource.
SEC. 14634. COMBAT ONLINE PREDATORS.
(a) In General.--Chapter 110A of title 18, United States Code, is
amended by inserting after section 2261A the following:
``Sec. 2261B. Enhanced penalty for stalkers of children
``(a) In General.--Except as provided in subsection (b), if the
victim of an offense under section 2261A is under the age of 18 years,
the maximum term of imprisonment for the offense is 5 years greater
than the maximum term of imprisonment otherwise provided for that
offense in section 2261.
``(b) Limitation.--Subsection (a) shall not apply to a person who
violates section 2261A if--
``(1) the person is subject to a sentence under section
2261(b)(5); and
``(2)(A) the person is under the age of 18 at the time the
offense occurred; or
``(B) the victim of the offense is not less than 15 nor
more than 17 years of age and not more than 3 years younger
than the person who committed the offense at the time the
offense occurred.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 110A of title 18, United States Code, is amended by inserting
after the item relating to section 2261A the following new item:
``2261B. Enhanced penalty for stalkers of children.''.
(c) Conforming Amendment.--Section 2261A of title 18, United States
Code, is amended in the matter following paragraph (2)(B), by striking
``section 2261(b) of this title'' and inserting ``section 2261(b) or
section 2261B, as the case may be''.
(d) Report on Best Practices Regarding Enforcement of Anti-Stalking
Laws.--Not later than 1 year after the date of the enactment of this
Act, the Attorney General shall submit a report to Congress, which
shall--
(1) include an evaluation of Federal, tribal, State, and
local efforts to enforce laws relating to stalking; and
(2) identify and describe those elements of such efforts
that constitute the best practices for the enforcement of such
laws.
PART 4--VIOLENCE REDUCTION PRACTICES
SEC. 14641. STUDY CONDUCTED BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 402 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 280b-4) is amended--
(1) in subsection (b), by striking ``violence against
women'' and inserting ``violence against adults, youth,''; and
(2) in subsection (c), by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14642. SAVING MONEY AND REDUCING TRAGEDIES (SMART) THROUGH
PREVENTION GRANTS.
Section 41303 of the Violence Against Women Act of 1994 (34 U.S.C.
12463) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) strategies within each of these areas
addressing the unmet needs of underserved
populations.'';
(2) in subsection (d)(3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) include a focus on the unmet needs of
underserved populations.'';
(3) in subsection (f), by striking ``$15,000,000 for each
of fiscal years 2014 through 2018'' and inserting ``$45,000,000
for each of fiscal years 2020 through 2024''; and
(4) in subsection (g), by adding at the end the following:
``(3) Remaining amounts.--Any amounts not made available
under paragraphs (1) and (2) may be used for any set of
purposes described in paragraphs (1), (2), or (3) of subsection
(b), or for a project that fulfills two or more of such sets of
purposes.''.
PART 5--STRENGTHENING THE HEALTHCARE SYSTEMS RESPONSE
SEC. 14651. GRANTS TO STRENGTHEN THE HEALTHCARE SYSTEMS RESPONSE TO
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING.
Section 399P of the Public Health Service Act (42 U.S.C. 280g-4) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) the development or enhancement and implementation of
training programs to improve the capacity of early childhood
programs to address domestic violence, dating violence, sexual
assault, and stalking among families they serve.'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(ii), by inserting ``,
including labor and sex trafficking'' after ``other
forms of violence and abuse'';
(B) in subparagraph (B)(ii)--
(i) by striking ``on-site access to''; and
(ii) by striking ``patients by increasing''
and all that follows through the semicolon and
inserting the following: ``patients by--
``(I) increasing the capacity of
existing health care professionals,
including specialists in trauma and in
behavioral health care, and public
health staff to address domestic
violence, dating violence, sexual
assault, stalking, and children exposed
to violence;
``(II) contracting with or hiring
advocates for victims of domestic
violence or sexual assault to provide
such services; or
``(III) providing funding to State
domestic and sexual violence coalitions
to improve the capacity of such
coalitions to coordinate and support
health advocates and other health
system partnerships;'';
(C) in subparagraph (B)(iii), by striking ``and''
at the end;
(D) in subparagraph (B)(iv) by striking the period
at the end and inserting the following: ``, with
priority given to programs administered through the
Health Resources and Services Administration, Office of
Women's Health; and''; and
(E) in subparagraph (B), by adding at the end the
following:
``(v) the development, implementation,
dissemination, and evaluation of best
practices, tools, and training materials for
behavioral health professionals to identify and
respond to domestic violence, sexual violence,
stalking, and dating violence.'';
(3) in subsection (b)(2)(A)--
(A) in the heading, by striking ``Child and elder
abuse'' and inserting the following: ``Child abuse and
abuse in later life''; and
(B) by striking ``child or elder abuse'' and
inserting the following: ``child abuse or abuse in
later life'';
(4) in subsection (b)(2)(C)(i), by striking ``elder abuse''
and inserting ``abuse in later life'';
(5) in subsection (b)(2)(C)(iii), by striking ``or'' at the
end;
(6) in subsection (b)(2)(C)(iv)--
(A) by inserting ``mental health,'' after
``dental,''; and
(B) by striking ``exams.'' and inserting ``exams
and certifications;'';
(7) in subsection (b)(2)(C), by inserting after clause (iv)
the following:
``(v) development of a State-level pilot
program to--
``(I) improve the response of
substance use disorder treatment
programs and systems to domestic
violence, dating violence, sexual
assault, and stalking; and
``(II) improve the capacity of
substance use disorder treatment
programs and systems to serve survivors
of domestic violence, dating violence,
sexual assault, and stalking dealing
with substance use disorder; or
``(vi) development and utilization of
existing technical assistance and training
resources to improve the capacity of substance
use disorder treatment programs to address
domestic violence, dating violence, sexual
assault, and stalking among patients the
programs serve.'';
(8) in subsection (d)(2)(A)--
(A) by inserting ``or behavioral health'' after
``of health'';
(B) by inserting ``behavioral'' after ``physical
or''; and
(C) by striking ``mental'' before ``health care'';
(9) in subsection (d)(2)(B)--
(A) by striking ``or health system'' and inserting
``behavioral health treatment system''; and
(B) by striking ``mental'' and inserting
``behavioral'';
(10) in subsection (f) in the heading, by striking
``Research and Evaluation'' and inserting ``Research,
Evaluation, and Data Collection'';
(11) in subsection (f)(1), by striking ``research and
evaluation'' and inserting ``research, evaluation, or data
collection'';
(12) in subsection (f)(1)(B), by inserting after ``health
care'' the following: ``or behavioral health'';
(13) in subsection (f)(2)--
(A) in the heading, by inserting after ``Research''
the following: ``and data collection'';
(B) in the matter preceding subparagraph (A), by
inserting ``or data collection'' before ``authorized in
paragraph (1)'';
(C) in subparagraph (C), by striking ``and'' at the
end;
(D) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(E) by inserting after subparagraph (D) the
following:
``(E) research on the intersection of substance use
disorder and domestic violence, dating violence, sexual
assault, and stalking, including the effect of coerced
use and efforts by an abusive partner or other to
interfere with substance use disorder treatment and
recovery; and
``(F) improvement of data collection using existing
Federal surveys by including questions about domestic
violence, dating violence, sexual assault, or stalking
and substance use disorder, coerced use, and mental or
behavioral health.'';
(14) in subsection (g), by striking ``2014 through 2018''
and inserting ``2020 through 2024''; and
(15) in subsection (h), by striking ``herein'' and
``provided for''.
PART 6--SAFE HOMES FOR VICTIMS
SEC. 14661. HOUSING PROTECTIONS FOR VICTIMS OF DOMESTIC VIOLENCE,
DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
Section 41411 of the Violence Against Women Act of 1994 (34 U.S.C.
12491) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``brother,
sister,'' and inserting ``sibling,'';
(B) in paragraph (3)--
(i) in subparagraph (A), by inserting
before the semicolon at the end the following:
``including the direct loan program under such
section'';
(ii) in subparagraph (D), by striking ``the
program under subtitle A'' and inserting ``the
programs under subtitles A through D'';
(iii) in subparagraph (I)--
(I) by striking ``sections 514,
515, 516, 533, and 538 of the Housing
Act of 1949 (42 U.S.C. 1484, 1485,
1486, 1490m, and 1490p-2)'' and
inserting ``sections 514, 515, 516,
533, 538, and 542 of the Housing Act of
1949 (42 U.S.C. 1484, 1485, 1486,
1490m, 1490p-2, and 1490r)''; and
(II) by striking ``and'' at the
end;
(iv) in subparagraph (J), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(K) the provision of assistance from the Housing
Trust Fund as established under section 1338 of the
Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4501);
``(L) the provision of assistance for housing under
the Comprehensive Service Programs for Homeless
Veterans program under subchapter II of chapter 20 of
title 38, United States Code (38 U.S.C. 2011 et seq.);
``(M) the provision of assistance for housing and
facilities under the grant program for homeless
veterans with special needs under section 2061 of title
38, United States Code;
``(N) the provision of assistance for permanent
housing under the program for financial assistance for
supportive services for very low-income veteran
families in permanent housing under section 2044 of
title 38, United States Code; and
``(O) any other Federal housing programs providing
affordable housing to low-income persons by means of
restricted rents or rental assistance as identified by
the appropriate agency.''; and
(C) by adding at the end the following:
``(4) Covered housing provider.--The term `covered housing
provider' refers to the individual or entity under a covered
housing program that has responsibility for the administration
or oversight of housing assisted under a covered housing
program and includes public housing agencies, sponsors, owners,
mortgagors, managers, grantee under the Continuum of Care,
State and local governments or agencies thereof, and nonprofit
or for-profit organizations or entities.
``(5) Continuum of care.--The term `Continuum of Care'
means the Federal program authorized under subtitle C of title
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.).
``(6) Internal transfer.--The term `internal transfer'
means an emergency transfer under subsection (e) from a unit of
a covered housing provider to a unit of the same covered
housing provider and under the same covered housing program
except for programs under the McKinney-Vento Homeless
Assistance Act that can transfer to any unit of the same
covered housing provider.
``(7) External transfer.--The term `external transfer'
means an emergency transfer under subsection (e) from a unit of
a covered housing provider to a unit of a different covered
housing provider under the same covered housing program.'';
(2) in subsection (b)(3)--
(A) in the heading, by inserting after ``criminal
activity'' the following: ``and family break-up'';
(B) by amending subparagraph (A) to read as
follows:
``(A) Denial of assistance, tenancy, and occupancy
rights prohibited.--
``(i) In general.--A tenant shall not be
denied assistance, tenancy, or occupancy rights
to housing assisted under a covered housing
program solely on the basis of criminal
activity directly relating to domestic
violence, dating violence, sexual assault, or
stalking that is engaged in by a member of the
household of the tenant or any guest or other
person under the control of the tenant, if the
tenant or an affiliated individual of the
tenant is the victim or threatened victim of
such domestic violence, dating violence, sexual
assault, or stalking.
``(ii) Criminal activity engaged in by
perpetrator of abuse.--A tenant shall not be
denied assistance, tenancy, or occupancy rights
to housing assisted under a covered housing
program solely on the basis of criminal
activity, including drug-related criminal
activity (as such term is defined section
3(b)(9) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)(9)), engaged in by the
perpetrator of the domestic violence, dating
violence, sexual assault, or stalking.
``(iii) Review prior to denial of
assistance.--Prior to denying assistance,
tenancy, or occupancy rights to housing
assisted under a covered housing program to a
tenant on the basis of criminal activity of the
tenant, including drug-related criminal
activity, the covered housing provider must
conduct an individualized review of the
totality of the circumstances regarding the
criminal activity at issue if the tenant is a
victim of domestic violence, dating violence,
sexual assault, or stalking. Such review shall
include consideration of--
``(I) the nature and severity of
the criminal activity;
``(II) the amount of time that has
elapsed since the occurrence of the
criminal activity;
``(III) if the tenant engaged in
more than one instance of criminal
activity, the frequency and duration of
the criminal activity;
``(IV) whether the criminal
activity was related to a symptom of a
disability, including a substance use
disorder;
``(V) whether the victim was
coerced by the perpetrator of domestic
violence, dating violence, sexual
assault, or stalking;
``(VI) whether the victim has taken
affirmative steps to reduce the
likelihood that the criminal activity
will recur; and
``(VII) any mitigating factors.
The covered housing program must provide the
tenant with a written summary of its review and
the tenant shall have the opportunity to invoke
the covered housing program's grievance policy
to dispute the findings.'';
(C) in subparagraph (B)--
(i) in the heading, by striking
``Bifurcation'' and inserting ``Family break-
up'';
(ii) by redesignating clauses (i) and (ii)
as clauses (ii) and (iii) respectively;
(iii) by inserting before clause (ii) (as
redesignated by clause (ii) of this
subparagraph) the following:
``(i) In general.--If a family break-up
results from an occurrence of domestic
violence, dating violence, sexual assault, or
stalking, and the perpetrator no longer resides
in the unit and was the sole tenant eligible to
receive assistance under a covered housing
program, the covered housing provider shall--
``(I) provide any other tenant or
resident the opportunity to establish
eligibility for the covered housing
program; or
``(II) provide that tenant or
resident with at least 180 days to
remain in the unit under the same terms
and conditions as the perpetrator and
find new housing or establish
eligibility for another covered housing
program.'';
(iv) in clause (ii) (as redesignated by
clause (ii) of this subparagraph)--
(I) in the heading, by striking
``In general'' and inserting
``Eviction''; and
(II) by inserting after ``a public
housing agency'' the following: ``,
participating jurisdictions, grantees
under the Continuum of Care,
grantees,''; and
(v) by striking clause (iii) (as
redesignated by clause (ii) of this
subparagraph);
(D) in subparagraph (C)--
(i) in clause (iii), by striking ``or'' at
the end;
(ii) in clause (iv), by striking the period
at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(v) to limit any right, remedy, or
procedure otherwise available under the
Violence Against Women Reauthorization Act of
2005 (Public Law 109-162, 119 Stat. 2960) prior
to the date of enactment of the Violence
Against Women Reauthorization Act of 2019.'';
and
(E) by inserting after subparagraph (C) the
following:
``(D) Early termination.--A covered housing
provider shall permit a tenant assisted under the
covered housing program to terminate the lease at any
time prior to the end date of the lease, without
penalty, if the tenant has been a victim of domestic
violence, dating violence, sexual assault, or stalking
and the tenant--
``(i) sends notice of the early lease
termination to the landlord in writing prior to
or within 3 days of vacating the premises
unless a shorter notice period is provided for
under State law;
``(ii)(I) reasonably believes that the
tenant is threatened with imminent harm if the
tenant remains within the same dwelling unit
subject to the lease; or
``(II) is a victim of sexual assault, the
sexual assault occurred on the premises during
the 180-day period preceding the request for
lease termination; and
``(iii) provides a form of documentation
consistent with the requirements outlined in
subsection (c)(3).
Nothing in this subparagraph may be construed to
preclude any automatic termination of a lease by
operation of law.'';
(3) in subsection (c)(4), in the matter preceding
subparagraph (A)--
(A) by striking ``Any information submitted to a
public housing agency or owner or manager'' and
inserting ``Covered housing providers shall ensure any
information submitted''; and
(B) by inserting after ``owner or manager'' the
following: ``of housing assisted under a covered
housing program'';
(4) by amending subsection (e) to read as follows:
``(e) Emergency Transfers.--
``(1) In general.--A tenant who is a victim of domestic
violence, dating violence, sexual assault, or stalking may
apply for an emergency transfer to another available and safe
dwelling unit assisted under a covered housing program, and the
covered housing provider shall grant such application if--
``(A) the tenant expressly requests the transfer
from the covered housing provider; and
``(B)(i) the tenant reasonably believes that the
tenant is threatened with imminent harm from further
violence if the tenant remains within the same dwelling
unit assisted under a covered housing program; or
``(ii) in the case of a tenant who is a victim of
sexual assault, the sexual assault occurred on the
premises during the 180 day period preceding the
request for transfer.
A tenant who is not in good standing retains the right to an
emergency transfer if they meet the eligibility requirements in
this section and the eligibility requirements of the program to
which the tenant intends to transfer.
``(2) Policies.--Each appropriate agency shall adopt an
emergency transfer policy for use by covered housing programs.
Such emergency transfer policies shall reflect the variations
in program operation and administration by covered housing
program type. The policies must, at a minimum--
``(A) describe a process that--
``(i) permits tenants who are victims of
domestic violence, dating violence, sexual
assault, or stalking to move to another
available and safe dwelling quickly through an
internal transfer and by receiving a tenant
protection voucher, if eligible, pursuant to
subsection (f);
``(ii) provides that the victim can choose
between completing an internal transfer or
receiving a tenant protection voucher,
whichever is the safest option for the victim;
and
``(iii) requires that an internal transfer
must occur within 10 days after a covered
housing provider's approval of a request for an
emergency transfer;
``(B) describe a process to permit tenants who are
victims of domestic violence, dating violence, sexual
assault, or stalking to complete an external transfer;
``(C) describe a process that allows a victim of
domestic violence, dating violence, sexual assault, or
stalking to temporarily relocate, while maintaining
eligibility for the covered housing program without the
loss of their housing status, if there are no
alternative comparable housing program units available,
until a safe housing unit under the covered housing
program or a tenant protection voucher is available;
``(D) prioritize completing internal transfers and
receiving tenant protection vouchers over external
transfers, except for Continua of Care, which shall
prioritize completing an internal transfer or external
transfer prior to receiving a tenant protection
voucher;
``(E) mandate that internal and external transfers
take priority over non-emergency transfers;
``(F) mandate that internal and external transfers
are not considered new applicants and take priority
over existing waiting lists for a covered housing
program;
``(G) incorporate confidentiality measures to
ensure that the appropriate agency and the covered
housing provider do not disclose any information
regarding a tenant who is victim of domestic violence,
dating violence, sexual assault, or stalking, including
the location of a new dwelling unit to any person or
entity without the written authorization of the tenant;
``(H) mandate that if a victim cannot receive an
internal transfer, external transfer, and a tenant
protection voucher, then the covered housing provider
must assist the victim in identifying other housing
providers who may have safe and available units to
which the victim can move and that the covered housing
provider also assist tenants in contacting local
organizations offering assistance to victims; and
``(I) mandate a uniform policy for how a victim of
domestic violence, dating violence, sexual assault, or
stalking requests an internal or external transfer.
``(3) Local systems funded by continuum of care.--In
addition to adopting the policies as defined in paragraph (2)
in an emergency transfer policy, each grantee under the
Continuum of Care shall designate the entity within its
geographic area that will coordinate and facilitate emergency
transfers, and that entity shall also--
``(A) coordinate external transfers among all
covered housing providers participating in the
Continuum of Care;
``(B) identify an external transfer, if available,
within 30 days of an approved request;
``(C) coordinate emergency transfers with Continua
of Care in other jurisdictions in cases where the
victim requests an out-of-jurisdiction transfer; and
``(D) ensure a victim is not required to be
reassessed through the local Continuum of Care intake
process when seeking an emergency transfer placement.
``(4) Regional offices.--Each regional office of the
Department of Housing and Urban Development (hereinafter in
this section referred to as a `HUD regional office') shall
develop and implement a regional emergency transfer plan in
collaboration with public housing agencies and the entities
designated under paragraph (3). Such a plan shall set forth how
public housing agencies will coordinate emergency transfers
with other public housing agencies regionally. The plans must
be submitted to the Violence Against Women Director and be made
publicly available. HUD regional offices shall defer to any
additional emergency transfer policies, priorities and
strategies set by entities designated under paragraph (3).
``(5) Covered housing providers.--Each covered housing
provider shall develop and implement an emergency transfer
policy consistent with the requirements in paragraph (2) or
(3).'';
(5) in subsection (f), by adding at the end the following:
``The Secretary shall establish these policies and procedures
within 60 days after the date of enactment of the Violence
Against Women Reauthorization Act of 2019.'';
(6) by redesignating subsection (g) as subsection (k); and
(7) by inserting after subsection (f) the following:
``(g) Emergency Transfer Policies and Procedures.--The head of each
appropriate agency shall establish the policy required under subsection
(e) with respect to emergency transfers and emergency transfer vouchers
within 180 days after the date of enactment of the Violence Against
Women Reauthorization Act of 2019.
``(h) Emergency Transfer Vouchers.--Provision of emergency transfer
vouchers to victims of domestic violence, dating violence, sexual
assault, or stalking under subsection (e), shall be considered an
eligible use of any funding for tenant protection voucher assistance
available under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) subject to the availability of appropriated funds.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out emergency transfers under this section,
$20,000,000 under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) for each of fiscal years 2020 through 2024.
``(j) Training and Referrals.--
``(1) Training for staff of covered housing programs.--The
Secretary of Housing and Urban Development, in partnership with
domestic violence experts, shall develop mandatory training for
staff of covered housing providers to provide a basic
understanding of domestic violence, dating violence, sexual
assault, and stalking, and to facilitate implementation of this
section. All staff of covered housing providers shall attend
the basic understanding training once annually; and all staff
and managers engaged in tenant services shall attend both the
basic understanding training and the implementation training
once annually.
``(2) Referrals.--The appropriate agency with respect to
each covered housing program shall supply all appropriate staff
of the covered housing providers with a referral listing of
public contact information for all domestic violence, dating
violence, sexual assault, and stalking service providers
offering services in its coverage area.''.
SEC. 14662. ENSURING COMPLIANCE AND IMPLEMENTATION; PROHIBITING
RETALIATION AGAINST VICTIMS.
Chapter 2 of subtitle N of title IV of the Violence Against Women
Act of 1994 (34 U.S.C. 12491 et seq.) is amended by inserting after
section 41411 the following:
``SEC. 41412. COMPLIANCE REVIEWS.
``(a) Annual Compliance Reviews.--Each appropriate agency
administering a covered housing program shall establish a process by
which to review compliance with the requirements of this subtitle, on
an annual basis, of the covered housing providers administered by that
agency. Such a review shall examine the following topics:
``(1) Covered housing provider compliance with requirements
prohibiting the denial of assistance, tenancy, or occupancy
rights on the basis of domestic violence, dating violence,
sexual assault, or stalking.
``(2) Covered housing provider compliance with
confidentiality provisions set forth in section 41411(c)(4).
``(3) Covered housing provider compliance with the
notification requirements set forth in section 41411(d)(2).
``(4) Covered housing provider compliance with accepting
documentation set forth in section 41411(c).
``(5) Covered housing provider compliance with emergency
transfer requirements set forth in section 41411(e).
``(6) Covered housing provider compliance with the
prohibition on retaliation set forth in section 41414.
``(b) Regulations.--Each appropriate agency shall issue regulations
to implement subsection (a) not later than 1 year after the effective
date of the Violence Against Women Reauthorization Act of 2019. These
regulations shall--
``(1) define standards of compliance for covered housing
providers;
``(2) include detailed reporting requirements, including
the number of emergency transfers requested and granted, as
well as the length of time needed to process emergency
transfers, disaggregated by external and internal transfers;
and
``(3) include standards for corrective action plans where a
covered housing provider has failed to meet compliance
standards.
``(c) Public Disclosure.--Each appropriate agency shall ensure that
an agency-level assessment of the information collected during the
compliance review process completed pursuant to this subsection is made
publicly available. This agency-level assessment shall include an
evaluation of each topic identified in subsection (a).
``(d) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to limit any claim filed or other proceeding
commenced, by the date of enactment of the Violence Against
Women Reauthorization Act of 2019, with regard to any right,
remedy, or procedure otherwise available under the Violence
Against Women Reauthorization Act of 2005 (Public Law 109-162,
119 Stat. 2960), as in effect on the day prior to such date of
enactment; or
``(2) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``SEC. 41413. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIOLENCE
AGAINST WOMEN DIRECTOR.
``(a) Establishment.--There shall be, within the Office of the
Secretary of the Department of Housing and Urban Development, a
Violence Against Women Director (in this section referred to as the
`Director').
``(b) Duties.--The Director shall--
``(1) support implementation of the provisions of this
subtitle;
``(2) coordinate development of Federal regulations,
policy, protocols, and guidelines on matters relating to the
implementation of this subtitle, at each agency administering a
covered housing program;
``(3) advise and coordinate with designated officials
within the United States Interagency Council on Homelessness,
the Department of Housing and Urban Development, the Department
of the Treasury, the Department of Agriculture, the Department
of Health and Human Services, the Department of Veterans
Affairs, and the Department of Justice concerning legislation,
implementation, and other issues relating to or affecting the
housing provisions under this subtitle;
``(4) provide technical assistance, coordination, and
support to each appropriate agency regarding advancing housing
protections and access to housing for victims of domestic
violence, dating violence, sexual assault, and stalking,
including compliance with this subtitle;
``(5) ensure that adequate technical assistance is made
available to covered housing providers regarding implementation
of this subtitle, as well as other issues related to advancing
housing protections for victims of domestic violence, dating
violence, sexual assault, and stalking, including compliance
with this subtitle;
``(6) act as a liaison with the judicial branches of
Federal, State, and local governments on matters relating to
the housing needs of victims of domestic violence, dating
violence, sexual assault, and stalking;
``(7) implement a quality control system and a corrective
action plan system for those covered housing providers that
fail to comply with this subtitle, wherein--
``(A) such corrective action plans shall be
developed in partnership with national, State, or local
programs focused on child or adult victims of domestic
violence, dating violence, sexual assault, or stalking;
and
``(B) such corrective action plans shall include
provisions requiring covered housing providers to
review and develop appropriate notices, procedures, and
staff training to improve compliance with this
subtitle, in partnership with national, state, or local
programs focused on child or adult victims;
``(8) establish a formal reporting process to receive
individual complaints concerning noncompliance with this
subtitle;
``(9) coordinate the development of interagency guidelines
to ensure that information concerning available dwelling units
is forwarded to the Director by all covered housing providers
for use by the Secretary in facilitating the emergency transfer
process;
``(10) coordinate with HUD regional offices and officials
at each appropriate agency the development of Federal
regulations, policy, protocols, and guidelines regarding
uniform timeframes for the completion of emergency transfers;
and
``(11) ensure that the guidance and notices to victims are
distributed in commonly encountered languages.
``(c) Rules of Construction.--Nothing in this section shall be
construed--
``(1) to limit any claim filed or other proceeding
commenced, by the date of enactment of the Violence Against
Women Reauthorization Act of 2019, with regard to any right,
remedy, or procedure otherwise available under the Violence
Against Women Reauthorization Act of 2005 (Public Law 109-162,
119 Stat. 2960), as in effect on the day prior to such date of
enactment; or
``(2) to supersede any provision of any Federal, State, or
local law that provides greater protection than this section
for victims of domestic violence, dating violence, sexual
assault, or stalking.
``SEC. 41414. PROHIBITION ON RETALIATION.
``(a) Nondiscrimination Requirement.--No covered housing provider
shall discriminate against any person because that person has opposed
any act or practice made unlawful by this subtitle, or because that
individual testified, assisted, or participated in any matter related
to this subtitle.
``(b) Prohibition on Coercion.--No covered housing provider shall
coerce, intimidate, threaten, or interfere with, or retaliate against,
any person in the exercise or enjoyment of, or on account of the person
having exercised or enjoyed, or on account of the person having aided
or encouraged any other individual in the exercise or enjoyment of, any
rights or protections under this subtitle, including--
``(1) intimidating or threatening any person because that
person is assisting or encouraging an individual entitled to
claim the rights or protections under this subtitle; and
``(2) retaliating against any person because that person
has participated in any investigation or action to enforce this
subtitle.
``(c) Enforcement Authority of the Secretary.--The authority of the
Secretary of Housing and Urban Development and the Office for Fair
Housing and Equal Opportunity to enforce this section shall be the same
as the Fair Housing Act (42 U.S.C. 3610 et seq.).''.
SEC. 14663. PROTECTING THE RIGHT TO REPORT CRIME FROM ONE'S HOME.
(a) In General.--Chapter 2 of subtitle N of title IV of the
Violence Against Women Act of 1994 (34 U.S.C. 12491 et seq.), as
amended by this Act, is further amended by inserting after section
41414 the following:
``SEC. 41415. RIGHT TO REPORT CRIME AND EMERGENCIES FROM ONE'S HOME.
``(a) In General.--Landlords, homeowners, residents, occupants, and
guests of, and applicants for, housing assisted under a covered housing
program shall have the right to seek law enforcement or emergency
assistance on their own behalf or on behalf of another person in need
of assistance, and shall not be penalized based on their requests for
assistance or based on criminal activity of which they are a victim or
otherwise not at fault under statutes, ordinances, regulations, or
policies adopted or enforced by covered governmental entities as
defined in subsection (d). Penalties that are prohibited include--
``(1) actual or threatened assessment of penalties, fees,
or fines;
``(2) actual or threatened eviction;
``(3) actual or threatened refusal to rent or renew
tenancy;
``(4) actual or threatened refusal to issue an occupancy
permit or landlord permit; and
``(5) actual or threatened closure of the property, or
designation of the property as a nuisance or a similarly
negative designation.
``(b) Reporting.--Consistent with the process provided for in
section 104(b) of the Housing and Community Development Act of 1974 (42
U.S.C. 5304(b)), covered governmental entities shall--
``(1) report any of their laws or policies, or, as
applicable, the laws or policies adopted by subgrantees, that
impose penalties on landlords, homeowners, residents,
occupants, guests, or housing applicants based on requests for
law enforcement or emergency assistance or based on criminal
activity that occurred at a property; and
``(2) certify that they are in compliance with the
protections under this subtitle or describe the steps they will
take within 180 days to come into compliance, or to ensure
compliance among subgrantees.
``(c) Oversight.--Oversight and accountability mechanisms provided
for under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.) shall be available to address violations of this section.
``(d) Definition.--For purposes of this section, `covered
governmental entity' shall mean any municipal, county, or state
government that receives funding pursuant to section 106 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5306).
``(e) Subgrantees.--For those covered governmental entities that
distribute funds to subgrantees, compliance with subsection (b)(1)
includes inquiring about the existence of laws and policies adopted by
subgrantees that impose penalties on landlords, homeowners, residents,
occupants, guests, or housing applicants based on requests for law
enforcement or emergency assistance or based on criminal activity that
occurred at a property.''.
(b) Supporting Effective, Alternative Crime Reduction Methods.--
(1) Additional authorized use of byrne-jag funds.--Section
501(a)(1) of subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10152(a)(1)) is amended by adding after subparagraph (H) the
following:
``(I) Programs for the development and
implementation of alternative methods of reducing crime
in communities, to supplant punitive programs or
policies. For purposes of this subparagraph, a punitive
program or policy is a program or policy that (i)
imposes a penalty on a victim of domestic violence,
dating violence, sexual assault, or stalking, on the
basis of a request by the victim for law enforcement or
emergency assistance; or (ii) imposes a penalty on such
a victim because of criminal activity at the property
in which the victim resides.''.
(2) Additional authorized use of cops funds.--Section
1701(b) of part Q of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended--
(A) in paragraph (22), by striking ``and'' after
the semicolon;
(B) in paragraph (23), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(24) to develop and implement alternative methods of
reducing crime in communities, to supplant punitive programs or
policies (as such term is defined in section 501(a)(1)(I)).''.
(3) Additional authorized use of grants to encourage arrest
policies.--Section 2101(b) of part U of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10461(b)), as amended by this Act, is further amended by adding
at the end the following:
``(25) To develop and implement alternative methods of
reducing crime in communities, to supplant punitive programs or
policies. For purposes of this paragraph, a punitive program or
policy is a program or policy that (A) imposes a penalty on a
victim of domestic violence, dating violence, sexual assault,
or stalking, on the basis of a request by the victim for law
enforcement or emergency assistance; or (B) imposes a penalty
on such a victim because of criminal activity at the property
in which the victim resides.''.
SEC. 14664. TRANSITIONAL HOUSING ASSISTANCE GRANTS FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
Section 40299 of the Violence Against Women Act of 1994 (34 U.S.C.
12351) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``the Director of the Violence
Against Women Office'' and inserting ``the Director of
the Office on Violence Against Women''; and
(B) by inserting after ``, other nonprofit,
nongovernmental organizations'' the following: ``,
population-specific organizations''; and
(2) in subsection (g)--
(A) in paragraph (1), by striking ``2014 through
2018'' and inserting ``2020 through 2024'';
(B) in paragraph (2), by striking ``5 percent'' and
inserting ``8 percent''; and
(C) in paragraph (3)(B), by striking ``0.25
percent'' and inserting ``0.5 percent''.
SEC. 14665. ADDRESSING THE HOUSING NEEDS OF VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND STALKING.
(a) McKinney-Vento Homeless Assistance Grants.--Section 423(a) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is
amended by adding at the end the following:
``(13) Facilitating and coordinating activities to ensure
compliance with section 41411(e) of the Violence Against Women
Act of 1994, including, in consultation with the regional
office (if applicable) of the appropriate agency (as such term
is defined in section 41411 of the Violence Against Women Act
of 1994), development of external transfer memoranda of
understanding between covered housing providers, participating
in the local Continua of Care, facilitation of external
transfers between those covered housing providers participating
in the local Continua of Care, and monitoring compliance with
the confidentiality protections of section 41411(c)(4) of the
Violence Against Women Act of 1994 for reporting to that
regional office.''.
(b) Definition of Domestic Violence and Other Dangerous or Life-
Threatening Conditions Amended.--Section 103(b) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302(b)) is amended to read as
follows:
``(b) Domestic Violence and Other Dangerous or Life-Threatening
Conditions.--Notwithstanding any other provision of this section, the
Secretary shall consider to be homeless any individual or family who--
``(1) is fleeing, or attempting to flee, domestic violence,
dating violence, sexual assault, stalking, and who have no
other residence and lack resources to obtain other permanent
housing; or
``(2) is fleeing or attempting to flee a dangerous or life-
threatening condition in the individual's or family's current
housing situation, including where the health and safety of
children are jeopardized and who have no other residence and
lack the resources or support networks to obtain other
permanent housing.''.
(c) Collaborative Grants To Increase the Long-Term Stability of
Victims.--Section 41404(i) of the Violence Against Women Act of 1994
(34 U.S.C. 12474(i)) is amended by striking ``2014 through 2018'' and
inserting ``2020 through 2024''.
(d) Grants To Combat Violence Against Women in Public and Assisted
Housing.--Section 41405 of the Violence Against Women Act of 1994 (34
U.S.C. 12475) is amended--
(1) in subsection (b), by striking ``the Director of the
Violence Against Women Office'' and inserting ``the Director of
the Office on Violence Against Women'';
(2) in subsection (c)(2)(D), by inserting after
``linguistically and culturally specific service providers,''
the following: ``population-specific organizations,''; and
(3) in subsection (g), by striking ``2014 through 2018''
and inserting the following: ``2020 through 2024''.
SEC. 14666. UNITED STATES HOUSING ACT OF 1937 AMENDMENTS.
Section 5A(d) of the United States Housing Act of 1937 (42 U.S.C.
1437c-1(d)) is amended--
(1) by amending paragraph (13) to read as follows:
``(13) Domestic violence, dating violence, sexual assault,
or stalking programs.--
``(A) Copies.--A copy of--
``(i) all standardized notices issued
pursuant to the housing protections under
subtitle N of the Violence Against Women Act of
1994, including the notice required under
section 41411(d) of the Violence Against Women
Act of 1994;
``(ii) the emergency transfer plan issued
pursuant to section 41411 of the Violence
Against Women Act of 1994; and
``(iii) any and all memoranda of
understanding with other covered housing
providers developed to facilitate emergency
transfers under section 41411(e) of the
Violence Against Women Act of 1994.
``(B) Descriptions.--A description of--
``(i) any activities, services, or programs
provided or offered by an agency, either
directly or in partnership with other service
providers, to child or adult victims of
domestic violence, dating violence, sexual
assault, or stalking;
``(ii) any activities, services, or
programs provided or offered by a public
housing agency that helps child and adult
victims of domestic violence, dating violence,
sexual assault, or stalking, to obtain or
maintain housing;
``(iii) any activities, services, or
programs provided or offered by a public
housing agency to prevent domestic violence,
dating violence, sexual assault, and stalking,
or to enhance victim safety in assisted
families; and
``(iv) all training and support services
offered to staff of the public housing agency
to provide a basic understanding of domestic
violence, dating violence, sexual assault, and
stalking, and to facilitate implementation of
the housing protections of section 41411 of the
Violence Against Women Act of 1994.''; and
(2) in paragraph (16), by inserting ``the Violence Against
Women Act of 1994,'' before ``the Fair Housing Act''.
PART 7--ECONOMIC SECURITY FOR VICTIMS
SEC. 14671. FINDINGS.
Congress finds the following:
(1) Over 1 in 3 women experience sexual violence, and 1 in
5 women have survived completed or attempted rape. Such
violence has a devastating impact on women's physical and
emotional health, financial security, and ability to maintain
their jobs, and thus impacts interstate commerce and economic
security.
(2) The Office on Violence Against Women of the Department
of Justice defines domestic violence as a pattern of abusive
behavior in any relationship that is used by one intimate
partner to gain or maintain power and control over another
intimate partner. Domestic violence can include physical,
sexual, emotional, economic, or psychological actions or
threats of actions that influence another person. Domestic
violence includes any behaviors that intimidate, manipulate,
humiliate, isolate, frighten, terrorize, coerce, threaten,
blame, hurt, injure, or wound an individual.
(3) The Centers for Disease Control and Prevention report
that domestic violence or intimate partner violence is a
serious public health issue for millions of individuals in the
United States. Nearly 1 in 4 women and 1 in 9 men in the United
States have suffered sexual violence, physical violence, or
stalking by an intimate partner.
(4) Transgender and gender non-conforming people face
extraordinary levels of physical and sexual violence.
(5) More than 1 in 4 transgender people have faced bias-
driven assault, and this rate is higher for trans women and
trans people of color.
(6) The American Foundation for Suicide Prevention has
found that transgender and gender non-conforming people had an
elevated prevalence of suicide attempts, especially when they
have suffered physical or sexual violence.
(7) Homicide is one of the leading causes of death for
women on the job. Domestic partners or relatives commit 43
percent of workplace homicides against women. One study found
that intimate partner violence resulted in 142 homicides among
women at work in the United States from 2003 to 2008, a figure
which represents 22 percent of the 648 workplace homicides
among women during the period. In fact, in 2010, homicides
against women at work increased by 13 percent despite
continuous declines in overall workplace homicides in recent
years.
(8) Women in the United States are 11 times more likely to
be murdered with guns than women in other high-income
countries. Female intimate partners are more likely to be
murdered with a firearm than all other means combined. The
presence of a gun in domestic violence situations increases the
risk of homicide for women by 500 percent.
(9) Violence can have a dramatic impact on the survivor of
such violence. Studies indicate that 44 percent of surveyed
employed adults experienced the effect of domestic violence in
the workplace, and 64 percent indicated their workplace
performance was affected by such violence. Another recent
survey found that 78 percent of offenders used workplace
resources to express anger, check up on, pressure, or threaten
a survivor. Sexual assault, whether occurring in or out of the
workplace, can impair an employee's work performance, require
time away from work, and undermine the employee's ability to
maintain a job. Nearly 50 percent of sexual assault survivors
lose their jobs or are forced to quit in the aftermath of the
assaults.
(10) Studies find that 60 percent of single women lack
economic security and 81 percent of households with single
mothers live in economic insecurity. Significant barriers that
survivors confront include access to housing, transportation,
and child care. Ninety-two percent of homeless women have
experienced domestic violence, and more than 50 percent of such
women cite domestic violence as the direct cause for
homelessness. Survivors are deprived of their autonomy,
liberty, and security, and face tremendous threats to their
health and safety.
(11) The Centers for Disease Control and Prevention report
that survivors of severe intimate partner violence lose nearly
8 million days of paid work, which is the equivalent of more
than 32,000 full-time jobs and almost 5,600,000 days of
household productivity each year. Therefore, women
disproportionately need time off to care for their health or to
find safety solutions, such as obtaining a restraining order or
finding housing, to avoid or prevent further violence.
(12) Annual costs of intimate partner violence are
estimated to be more than $8,300,000,000. According to the
Centers for Disease Control and Prevention, the costs of
intimate partner violence against women in 1995 exceeded an
estimated $5,800,000,000. These costs included nearly
$4,100,000,000 in the direct costs of medical and mental health
care and nearly $1,800,000,000 in the indirect costs of lost
productivity. These statistics are generally considered to be
underestimated because the costs associated with the criminal
justice system are not included.
(13) Fifty-five percent of senior executives recently
surveyed said domestic violence has a harmful effect on their
company's productivity, and more than 70 percent said domestic
violence negatively affects attendance. Seventy-eight percent
of human resources professionals consider partner violence a
workplace issue. However, more than 70 percent of United States
workplaces have no formal program or policy that addresses
workplace violence, let alone domestic violence. In fact, only
four percent of employers provided training on domestic
violence.
(14) Studies indicate that one of the best predictors of
whether a survivor will be able to stay away from his or her
abuser is the degree of his or her economic independence.
However, domestic violence, dating violence, sexual assault,
and stalking often negatively impact a survivor's ability to
maintain employment.
(15) Abusers frequently seek to exert financial control
over their partners by actively interfering with their ability
to work, including preventing their partners from going to
work, harassing their partners at work, limiting their
partners' access to cash or transportation, and sabotaging
their partners' child care arrangements.
(16) Economic abuse refers to behaviors that control an
intimate partner's ability to acquire, use, and maintain access
to, money, credit, ownership of assets, or access to
governmental or private financial benefits, including
defaulting on joint obligations (such as school loans, credit
card debt, mortgages, or rent). Other forms of such abuse may
include preventing someone from attending school, threatening
to or actually terminating employment, controlling or
withholding access to cash, checking, or credit accounts, and
attempting to damage or sabotage the creditworthiness of an
intimate partner, including forcing an intimate partner to
write bad checks, forcing an intimate partner to default on
payments related to household needs, such as housing, or
forcing an intimate partner into bankruptcy.
(17) The Patient Protection and Affordable Care Act (Public
Law 111-148), and the amendments made by such Act, ensures that
most health plans must cover preventive services, including
screening and counseling for domestic violence, at no
additional cost. In addition, it prohibits insurance companies
from discriminating against patients for preexisting
conditions, like domestic violence.
(18) Yet, more can be done to help survivors. Federal law
in effect on the day before the date of enactment of this Act
does not explicitly--
(A) authorize survivors of domestic violence,
dating violence, sexual assault, or stalking to take
leave from work to seek legal assistance and redress,
counseling, or assistance with safety planning
activities;
(B) address the eligibility of survivors of
domestic violence, dating violence, sexual assault, or
stalking for unemployment compensation;
(C) provide job protection to survivors of domestic
violence, dating violence, sexual assault, or stalking;
(D) prohibit insurers and employers who self-insure
employee benefits from discriminating against survivors
of domestic violence, dating violence, sexual assault,
or stalking and those who help them in determining
eligibility, rates charged, and standards for payment
of claims; or
(E) prohibit insurers from disclosing information
about abuse and the location of the survivors through
insurance databases and other means.
(19) This Act aims to empower survivors of domestic
violence, dating violence, sexual assault, or stalking to be
free from violence, hardship, and control, which restrains
basic human rights to freedom and safety in the United States.
SEC. 14672. NATIONAL RESOURCE CENTER ON WORKPLACE RESPONSES TO ASSIST
VICTIMS OF DOMESTIC AND SEXUAL VIOLENCE.
Section 41501 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12501) is amended--
(1) in subsection (a)--
(A) by inserting ``and sexual harassment'' after
``domestic and sexual violence''; and
(B) by striking ``employers and labor
organizations'' and inserting ``employers, labor
organizations, and victim service providers'';
(2) in subsection (b)(3), by striking ``and stalking'' and
inserting ``stalking, and sexual harassment'';
(3) in subsection (c)(1), by inserting before the period at
the end ``or sexual harassment'';
(4) in subsection (c)(2)(A), by inserting ``or sexual
harassment'' after ``sexual violence''; and
(5) in subsection (e), by striking ``$1,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$2,000,000 for
each of fiscal years 2020 through 2024''.
SEC. 14673. ENTITLEMENT TO UNEMPLOYMENT COMPENSATION FOR VICTIMS OF
SEXUAL AND OTHER HARASSMENT AND SURVIVORS OF DOMESTIC
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) Unemployment Compensation.--
(1) Section 3304(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (18), by
redesignating paragraph (19) as paragraph (20), and by
inserting after paragraph (18) the following new paragraph:
``(19) no person may be denied compensation under such
State law solely on the basis of the individual having a
voluntary separation from work if such separation is
attributable to such individual being a victim of sexual or
other harassment or a survivor of domestic violence, sexual
assault, or stalking; and''.
(2) Section 3304 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(g) Sexual or Other Harassment; etc.--
``(1) Documentation.--For purposes of subsection (a)(19), a
voluntary separation of an individual shall be considered to be
attributable to such individual being a survivor or victim of
sexual or other harassment or a survivor of domestic violence,
sexual assault, or stalking if such individual submits such
evidence as the State deems sufficient.
``(2) Sufficient documentation.--For purposes of paragraph
(1), a State shall deem sufficient, at a minimum--
``(A) evidence of such harassment, violence,
assault, or stalking in the form of--
``(i) a sworn statement and a form of
identification;
``(ii) a police or court record; or
``(iii) documentation from a victim service
provider, an attorney, a police officer, a
medical professional, a social worker, an
antiviolence counselor, a member of the clergy,
or another professional; and
``(B) an attestation that such voluntary separation
is attributable to such harassment, violence, assault,
or stalking.
``(3) Definitions.--For purposes of this section--
``(A) The terms `domestic violence', `sexual
assault', `stalking', `victim of sexual or other
harassment', and `survivor of domestic violence, sexual
assault, or stalking' have the meanings given such
terms under State law, regulation, or policy.
``(B) The term `victim service provider' has the
meaning given such term in section 40002 of the
Violence Against Women Act of 1994.''.
(b) Unemployment Compensation Personnel Training.--Section 303(a)
of the Social Security Act (42 U.S.C. 503(a)) is amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) Such methods of administration as will ensure
that--
``(i) applicants for unemployment compensation and
individuals inquiring about such compensation are
notified of the provisions of section 3304(a)(19) of
the Internal Revenue Code of 1986; and
``(ii) claims reviewers and hearing personnel are
trained in--
``(I) the nature and dynamics of sexual and
other harassment, domestic violence, sexual
assault, or stalking; and
``(II) methods of ascertaining and keeping
confidential information about possible
experiences of sexual and other harassment,
domestic violence, sexual assault, or stalking
to ensure that--
``(aa) requests for unemployment
compensation based on separations
stemming from sexual and other
harassment, domestic violence, sexual
assault, or stalking are identified and
adjudicated; and
``(bb) confidentiality is provided
for the individual's claim and
submitted evidence.
``(B) For purposes of this paragraph--
``(i) the terms `domestic violence', `sexual
assault', and `stalking' have the meanings given such
terms in section 40002 of the Violence Against Women
Act of 1994;
``(ii) the term `sexual and other harassment' has
the meaning given such term under State law,
regulation, or policy; and
``(iii) the term `survivor of domestic violence,
sexual assault, or stalking' means--
``(I) a person who has experienced or is
experiencing domestic violence, sexual assault,
or stalking; and
``(II) a person whose family or household
member has experienced or is experiencing
domestic violence, sexual assault, or
stalking.''.
(c) TANF Personnel Training.--Section 402(a) of the Social Security
Act (42 U.S.C. 602(a)) is amended by adding at the end the following
new paragraph:
``(8) Certification that the state will provide information
to survivors of sexual and other harassment, domestic violence,
sexual assault, or stalking.--
``(A) In general.--A certification by the chief
executive officer of the State that the State has
established and is enforcing standards and procedures
to--
``(i) ensure that applicants for assistance
under the State program funded under this part
and individuals inquiring about such assistance
are adequately notified of--
``(I) the provisions of section
3304(a)(19) of the Internal Revenue
Code of 1986; and
``(II) assistance made available by
the State to survivors of sexual and
other harassment, domestic violence,
sexual assault, or stalking;
``(ii) ensure that case workers and other
agency personnel responsible for administering
the State program funded under this part are
adequately trained in--
``(I) the nature and dynamics of
sexual and other harassment, domestic
violence, sexual assault, or stalking;
``(II) State standards and
procedures relating to the prevention
of, and assistance for individuals who
are survivors of sexual and other
harassment, domestic violence, sexual
assault, or stalking; and
``(III) methods of ascertaining and
keeping confidential information about
possible experiences of sexual and
other harassment, domestic violence,
sexual assault, or stalking;
``(iii) ensure that, if a State has elected
to establish and enforce standards and
procedures regarding the screening for, and
identification of, domestic violence pursuant
to paragraph (7)--
``(I) applicants for assistance
under the State program funded under
this part and individuals inquiring
about such assistance are adequately
notified of options available under
such standards and procedures; and
``(II) case workers and other
agency personnel responsible for
administering the State program funded
under this part are provided with
adequate training regarding such
standards and procedures and options
available under such standards and
procedures; and
``(iv) ensure that the training required
under subparagraphs (B) and, if applicable,
(C)(ii) is provided through a training program
operated by an eligible entity.
``(B) Definitions.--For purposes of this
paragraph--
``(i) the terms `domestic violence',
`sexual assault', and `stalking' have the
meanings given such terms in section 40002 of
the Violence Against Women Act of 1994;
``(ii) the term `sexual and other
harassment' has the meaning given such term
under State law, regulation, or policy; and
``(iii) the term `survivor of domestic
violence, sexual assault, or stalking' means--
``(I) a person who has experienced
or is experiencing domestic violence,
sexual assault, or stalking; and
``(II) a person whose family or
household member has experienced or is
experiencing domestic violence, sexual
assault, or stalking.''.
(d) Sexual and Other Harassment, Domestic Violence, Sexual Assault,
or Stalking Training Grant Program.--
(1) Grants authorized.--The Secretary of Labor (in this
subsection referred to as the ``Secretary'') is authorized to
award--
(A) a grant to a national victim service provider
in order for such organization to--
(i) develop and disseminate a model
training program (and related materials) for
the training required under section
303(a)(4)(B) of the Social Security Act, as
added by subsection (b), and under subparagraph
(B) and, if applicable, subparagraph (C)(ii) of
section 402(a)(8) of such Act, as added by
subsection (c); and
(ii) provide technical assistance with
respect to such model training program,
including technical assistance to the temporary
assistance for needy families program and
unemployment compensation personnel; and
(B) grants to State, tribal, or local agencies in
order for such agencies to contract with eligible
entities to provide State, tribal, or local caseworkers
and other State, tribal, or local agency personnel
responsible for administering the temporary assistance
for needy families program established under part A of
title IV of the Social Security Act in a State or
Indian reservation with the training required under
subparagraph (B) and, if applicable, subparagraph
(C)(ii) of such section 402(a)(8).
(2) Eligible entity defined.--For purposes of paragraph
(1)(B), the term ``eligible entity'' means an entity--
(A) that is--
(i) a State or tribal domestic violence
coalition or sexual assault coalition;
(ii) a State or local victim service
provider with recognized expertise in the
dynamics of domestic violence, sexual assault,
or stalking whose primary mission is to provide
services to survivors of domestic violence,
sexual assault, or stalking, including a rape
crisis center or domestic violence program; or
(iii) an organization with demonstrated
expertise in State or county welfare laws and
implementation of such laws and experience with
disseminating information on such laws and
implementation, but only if such organization
will provide the required training in
partnership with an entity described in clause
(i) or (ii); and
(B) that--
(i) has demonstrated expertise in the
dynamics of both domestic violence and sexual
assault, such as a joint domestic violence and
sexual assault coalition; or
(ii) will provide the required training in
partnership with an entity described in clause
(i) or (ii) of subparagraph (A) in order to
comply with the dual domestic violence and
sexual assault expertise requirement under
clause (i).
(3) Application.--An entity seeking a grant under this
subsection shall submit an application to the Secretary at such
time, in such form and manner, and containing such information
as the Secretary specifies.
(4) Reports.--
(A) Reports to congress.--Not later than a year
after the date of the enactment of this Act, and
annually thereafter, the Secretary shall submit to
Congress a report on the grant program established
under this subsection.
(B) Reports available to public.--The Secretary
shall establish procedures for the dissemination to the
public of each report submitted under subparagraph (A).
Such procedures shall include the use of the internet
to disseminate such reports.
(5) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated--
(i) $1,000,000 for fiscal year 2020 to
carry out the provisions of paragraph (1)(A);
and
(ii) $12,000,000 for each of fiscal years
2020 through 2024 to carry out the provisions
of paragraph (1)(B).
(B) Three-year availability of grant funds.--Each
recipient of a grant under this subsection shall return
to the Secretary any unused portion of such grant not
later than 3 years after the date the grant was
awarded, together with any earnings on such unused
portion.
(C) Amounts returned.--Any amounts returned
pursuant to subparagraph (B) shall be available without
further appropriation to the Secretary for the purpose
of carrying out the provisions of paragraph (1)(B).
(e) Effect on Existing Laws, etc.--
(1) More protective laws, agreements, programs, and
plans.--Nothing in this title shall be construed to supersede
any provision of any Federal, State, or local law, collective
bargaining agreement, or employment benefits program or plan
that provides greater unemployment insurance benefits for
survivors of sexual and other harassment, domestic violence,
sexual assault, or stalking than the rights established under
this title.
(2) Less protective laws, agreements, programs, and
plans.--Any law, collective bargaining agreement, or employment
benefits program or plan of a State or unit of local government
is preempted to the extent that such law, agreement, or program
or plan would impair the exercise of any right established
under this title or the amendments made by this title.
(f) Effective Date.--
(1) Unemployment amendments.--
(A) In general.--Except as provided in subparagraph
(B) and paragraph (2), the amendments made by this
section shall apply in the case of compensation paid
for weeks beginning on or after the expiration of the
180-day period beginning on the date of enactment of
this Act.
(B) Extension of effective date for state law
amendment.--
(i) In general.--Except as provided in
paragraph (2), in a case in which the Secretary
of Labor identifies a State as requiring a
change to its statutes, regulations, or
policies in order to comply with the amendments
made by this section, such amendments shall
apply in the case of compensation paid for
weeks beginning after the earlier of--
(I) the date the State changes its
statutes, regulations, or policies in
order to comply with such amendments;
or
(II) the end of the first session
of the State legislature which begins
after the date of enactment of this Act
or which began prior to such date and
remained in session for at least 25
calendar days after such date, except
that in no case shall such amendments
apply before the date that is 180 days
after the date of enactment of this
Act.
(ii) Session defined.--In this
subparagraph, the term ``session'' means a
regular, special, budget, or other session of a
State legislature.
(2) TANF amendment.--
(A) In general.--Except as provided in subparagraph
(B), the amendment made by subsection (c) shall take
effect on the date of enactment of this Act.
(B) Extension of effective date for state law
amendment.--In the case of a State plan under part A of
title IV of the Social Security Act which the Secretary
of Health and Human Services determines requires State
action (including legislation, regulation, or other
administrative action) in order for the plan to meet
the additional requirements imposed by the amendment
made by subsection (c), the State plan shall not be
regarded as failing to comply with the requirements of
such amendment on the basis of its failure to meet
these additional requirements before 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 enactment of this Act. For
purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year
of the session is considered to be a separate regular
session of the State legislature.
(g) Definitions.--In this section, the terms ``domestic violence'',
``sexual assault'', ``stalking'', ``survivor of domestic violence,
sexual assault, or stalking'', and ``victim service provider'' have the
meanings given such terms in section 3304(g) of the Internal Revenue
Code of 1986.
SEC. 14674. STUDY AND REPORTS ON BARRIERS TO SURVIVORS' ECONOMIC
SECURITY ACCESS.
(a) Study.--The Secretary of Health and Human Services, in
consultation with the Secretary of Labor, shall conduct a study on the
barriers that survivors of domestic violence, dating violence, sexual
assault, or stalking throughout the United States experience in
maintaining economic security as a result of issues related to domestic
violence, dating violence, sexual assault, or stalking.
(b) Reports.--Not later than 1 year after the date of enactment of
this title, and every 5 years thereafter, the Secretary of Health and
Human Services, in consultation with the Secretary of Labor, shall
submit a report to Congress on the study conducted under subsection
(a).
(c) Contents.--The study and reports under this section shall
include--
(1) identification of geographic areas in which State laws,
regulations, and practices have a strong impact on the ability
of survivors of domestic violence, dating violence, sexual
assault, or stalking to exercise--
(A) any rights under this Act without compromising
personal safety or the safety of others, including
family members and excluding the abuser; and
(B) other components of economic security,
including financial empowerment, affordable housing,
transportation, healthcare access, and quality
education and training opportunities;
(2) identification of geographic areas with shortages in
resources for such survivors, with an accompanying analysis of
the extent and impact of such shortage;
(3) analysis of factors related to industries, workplace
settings, employer practices, trends, and other elements that
impact the ability of such survivors to exercise any rights
under this Act without compromising personal safety or the
safety of others, including family members;
(4) the recommendations of the Secretary of Health and
Human Services and the Secretary of Labor with respect to
resources, oversight, and enforcement tools to ensure
successful implementation of the provisions of this Act in
order to support the economic security and safety of survivors
of domestic violence, dating violence, sexual assault, or
stalking; and
(5) best practices for States, employers, health carriers,
insurers, and other private entities in addressing issues
related to domestic violence, dating violence, sexual assault,
or stalking.
SEC. 14675. GAO STUDY.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate a
report that examines, with respect to survivors of domestic violence,
dating violence, sexual assault, or stalking who are, or were, enrolled
at institutions of higher education and borrowed a loan made, insured,
or guaranteed under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for which the survivors have not repaid the total
interest and principal due, each of the following:
(1) The implications of domestic violence, dating violence,
sexual assault, or stalking on a borrower's ability to repay
their Federal student loans.
(2) The adequacy of policies and procedures regarding
Federal student loan deferment, forbearance, and grace periods
when a survivor has to suspend or terminate the survivor's
enrollment at an institution of higher education due to
domestic violence, dating violence, sexual assault, or
stalking.
(3) The adequacy of institutional policies and practices
regarding retention or transfer of credits when a survivor has
to suspend or terminate the survivor's enrollment at an
institution of higher education due to domestic violence,
dating violence, sexual assault, or stalking.
(4) The availability or any options for a survivor of
domestic violence, dating violence, sexual assault, or stalking
who attended an institution of higher education that committed
unfair, deceptive, or abusive acts or practices, or otherwise
substantially misrepresented information to students, to be
able to seek a defense to repayment of the survivor's Federal
student loan.
(5) The limitations faced by a survivor of domestic
violence, dating violence, sexual assault, or stalking to
obtain any relief or restitution on the survivor's Federal
student loan debt due to the use of forced arbitration, gag
orders, or bans on class actions.
SEC. 14676. EDUCATION AND INFORMATION PROGRAMS FOR SURVIVORS.
(a) Public Education Campaign.--
(1) In general.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services (through the
Director of the Centers for Disease Control and Prevention and
the grant recipient under section 41501 of the Violence Against
Women Act of 1994 that establishes the national resource center
on workplace responses to assist victims of domestic and sexual
violence) and the Attorney General (through the Principal
Deputy Director of the Office on Violence Against Women), shall
coordinate and provide for a national public outreach and
education campaign to raise public awareness of the workplace
impact of domestic violence, dating violence, sexual assault,
and stalking, including outreach and education for employers,
service providers, teachers, and other key partners. This
campaign shall pay special attention to ensure that survivors
are made aware of the existence of the following types of
workplace laws (federal and/or State): anti-discrimination laws
that bar treating survivors differently; leave laws, both paid
and unpaid that are available for use by survivors;
unemployment insurance laws and policies that address survivor
eligibility.
(2) Dissemination.--The Secretary of Labor, in conjunction
with the Secretary of Health and Human Services and the
Attorney General, as described in paragraph (1), may
disseminate information through the public outreach and
education campaign on the resources and rights referred to in
this subsection directly or through arrangements with health
agencies, professional and nonprofit organizations, consumer
groups, labor organizations, institutions of higher education,
clinics, the media, and Federal, State, and local agencies.
(3) Information.--The information disseminated under
paragraph (2) shall include, at a minimum, a description of--
(A) the resources and rights that are--
(i) available to survivors of domestic
violence, dating violence, sexual assault, or
stalking; and
(ii) established in this Act and the
Violence Against Women Act of 1994 (34 U.S.C.
12291 et seq.);
(B) guidelines and best practices on prevention of
domestic violence, dating violence, stalking, and
sexual assault;
(C) resources that promote healthy relationships
and communication skills;
(D) resources that encourage bystander intervention
in a situation involving domestic violence, dating
violence, stalking, or sexual assault;
(E) resources that promote workplace policies that
support and help maintain the economic security of
survivors of domestic violence, dating violence, sexual
assault, or stalking, including guidelines and best
practices to promote the creation of effective employee
assistance programs; and
(F) resources and rights that the heads of Federal
agencies described in paragraph (2) determine are
appropriate to include.
(4) Common languages.--The Secretary of Labor shall ensure
that the information disseminated to survivors under paragraph
(2) is made available in commonly encountered languages.
(b) Definitions.--In this section:
(1) Employee.--
(A) In general.--The term ``employee'' means any
individual employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, or as a participant in a work
assignment as a condition of receipt of Federal or
State income-based public assistance.
(2) Employer.--The term ``employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 15
or more individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, but does not
include any labor organization (other than when acting
as an employer) or anyone acting in the capacity of
officer or agent of such labor organization.
(3) FLSA terms.--The terms ``employ'' and ``State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(c) Study on Workplace Responses.--The Secretary of Labor, in
conjunction with the Secretary of Health and Human Services, shall
conduct a study on the status of workplace responses to employees who
experience domestic violence, dating violence, sexual assault, or
stalking while employed, in each State and nationally, to improve the
access of survivors of domestic violence, dating violence, sexual
assault, or stalking to supportive resources and economic security.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2020 through 2024.
SEC. 14677. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of the
provisions of this Act, the amendments made by this Act, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
PART 8--HOMICIDE REDUCTION INITIATIVES
SEC. 14681. PROHIBITING PERSONS CONVICTED OF MISDEMEANOR CRIMES AGAINST
DATING PARTNERS AND PERSONS SUBJECT TO PROTECTION ORDERS.
Section 921(a) of title 18, United States Code, is amended--
(1) in paragraph (32), by striking all that follows after
``The term `intimate partner''' and inserting the following:
``--
``(A) means, with respect to a person, the spouse
of the person, a former spouse of the person, an
individual who is a parent of a child of the person,
and an individual who cohabitates or has cohabited with
the person; and
``(B) includes--
``(i) a dating partner or former dating
partner (as defined in section 2266); and
``(ii) any other person similarly situated
to a spouse who is protected by the domestic or
family violence laws of the State or tribal
jurisdiction in which the injury occurred or
where the victim resides.'';
(2) in paragraph (33)(A)--
(A) in clause (i), by inserting after ``Federal,
State,'' the following: ``municipal,''; and
(B) in clause (ii), by inserting ``intimate
partner,'' after ``spouse,'' each place it appears;
(3) by redesignating paragraphs (34) and (35) as paragraphs
(35) and (36) respectively; and
(4) by inserting after paragraph (33) the following:
``(34)(A) The term `misdemeanor crime of stalking' means an offense
that--
``(i) is a misdemeanor crime of stalking under Federal,
State, Tribal, or municipal law; and
``(ii) is a course of harassment, intimidation, or
surveillance of another person that--
``(I) places that person in reasonable fear of
material harm to the health or safety of--
``(aa) that person;
``(bb) an immediate family member (as
defined in section 115) of that person;
``(cc) a household member of that person;
or
``(dd) a spouse or intimate partner of that
person; or
``(II) causes, attempts to cause, or would
reasonably be expected to cause emotional distress to a
person described in item (aa), (bb), (cc), or (dd) of
subclause (I).
``(B) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter, unless--
``(i) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in the
case; and
``(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was entitled to
a jury trial in the jurisdiction in which the case was tried,
either--
``(I) the case was tried by a jury; or
``(II) the person knowingly and intelligently
waived the right to have the case tried by a jury, by
guilty plea or otherwise.
``(C) A person shall not be considered to have been convicted of
such an offense for purposes of this chapter if the conviction has been
expunged or set aside, or is an offense for which the person has been
pardoned or has had civil rights restored (if the law of the applicable
jurisdiction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration of civil rights
expressly provides that the person may not ship, transport, possess, or
receive firearms.''.
SEC. 14682. PROHIBITING STALKERS AND INDIVIDUALS SUBJECT TO COURT ORDER
FROM POSSESSING A FIREARM.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)--
(A) in paragraph (8), by striking ``that restrains
such person'' and all that follows, and inserting
``described in subsection (g)(8);'';
(B) in paragraph (9), by striking the period at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
crime of stalking.''; and
(2) in subsection (g)--
(A) by amending paragraph (8) to read as follows:
``(8) who is subject to a court order--
``(A) that was issued--
``(i) after a hearing of which such person
received actual notice, and at which such
person had an opportunity to participate; or
``(ii) in the case of an ex parte order,
relative to which notice and opportunity to be
heard are provided--
``(I) within the time required by
State, tribal, or territorial law; and
``(II) in any event within a
reasonable time after the order is
issued, sufficient to protect the due
process rights of the person;
``(B) that restrains such person from--
``(i) harassing, stalking, or threatening
an intimate partner of such person or child of
such intimate partner or person, or engaging in
other conduct that would place an intimate
partner in reasonable fear of bodily injury to
the partner or child; or
``(ii) intimidating or dissuading a witness
from testifying in court; and
``(C) that--
``(i) includes a finding that such person
represents a credible threat to the physical
safety of such individual described in
subparagraph (B); or
``(ii) by its terms explicitly prohibits
the use, attempted use, or threatened use of
physical force against such individual
described in subparagraph (B) that would
reasonably be expected to cause bodily
injury;'';
(B) in paragraph (9), by striking the comma at the
end and inserting ``; or''; and
(C) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
crime of stalking,''.
PART 9--SAFETY FOR INDIAN WOMEN
SEC. 14691. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) American Indians and Alaska Natives are 2.5 times as
likely to experience violent crimes--and at least 2 times more
likely to experience rape or sexual assault crimes--compared to
all other races.
(2) More than 4 in 5 American Indian and Alaska Native
women, or 84.3 percent, have experienced violence in their
lifetime.
(3) The vast majority of Native victims--96 percent of
women and 89 percent of male victims--report being victimized
by a non-Indian.
(4) Native victims of sexual violence are three times as
likely to have experienced sexual violence by an interracial
perpetrator as non-Hispanic White victims and Native stalking
victims are nearly 4 times as likely to be stalked by someone
of a different race.
(5) While tribes exercising jurisdiction over non-Indians
have reported significant successes, the inability to prosecute
crimes related to the Special Domestic Violence Criminal
Jurisdiction crimes continues to leave Tribes unable to fully
hold domestic violence offenders accountable.
(6) Tribal prosecutors report that the majority of domestic
violence cases involve children either as witnesses or victims,
and Department of Justice reports that American Indian and
Alaska Native children suffer exposure to violence at rates
higher than any other race in the United States.
(7) Childhood exposure to violence has immediate and long-
term effects, including: increased rates of altered
neurological development, poor physical and mental health, poor
school performance, substance abuse, and overrepresentation in
the juvenile justice system.
(8) According to the Centers for Disease Control and
Prevention, homicide is the third leading cause of death among
American Indian and Alaska Native women between 10 and 24 years
of age and the fifth leading cause of death for American Indian
and Alaska Native women between 25 and 34 years of age.
(9) On some reservations, Indian women are murdered at more
than 10 times the national average.
(10) According to a 2010 Government Accountability Office
report, United States Attorneys declined to prosecute nearly 52
percent of violent crimes that occur in Indian country.
(11) Investigation into cases of missing and murdered
Indian women is made difficult for tribal law enforcement
agencies due to a lack of resources, such as--
(A) necessary training, equipment, or funding;
(B) a lack of interagency cooperation; and
(C) a lack of appropriate laws in place.
(12) Domestic violence calls are among the most dangerous
calls that law enforcement receives.
(13) The complicated jurisdictional scheme that exists in
Indian country--
(A) has a significant negative impact on the
ability to provide public safety to Indian communities;
(B) has been increasingly exploited by criminals;
and
(C) requires a high degree of commitment and
cooperation among tribal, Federal, and State law
enforcement officials.
(14) Restoring and enhancing local, tribal capacity to
address violence against women provides for greater local
control, safety, accountability, and transparency.
(15) In States with restrictive land settlement acts such
as Alaska, ``Indian country'' is limited, resources for local
tribal responses either nonexistent or insufficient to meet the
needs, jurisdiction unnecessarily complicated and increases the
already high levels of victimization of American Indian and
Alaska Native women. According to the Tribal Law and Order Act
Commission Report, Alaska Native women are over-represented in
the domestic violence victim population by 250 percent; they
comprise 19 percent of the State population, but are 47 percent
of reported rape victims. And among other Indian Tribes, Alaska
Native women suffer the highest rates of domestic and sexual
violence in the country.
(b) Purposes.--The purposes of this title are--
(1) to clarify the responsibilities of Federal, State,
tribal, and local governments with respect to responding to
cases of domestic violence, dating violence, stalking,
trafficking, sexual violence, crimes against children, and
assault against tribal law enforcement officers and murdered
Indians;
(2) to increase coordination and communication among
Federal, State, tribal, and local law enforcement agencies;
(3) to empower tribal governments with the resources and
information necessary to effectively respond to cases of
domestic violence, dating violence, stalking, sex trafficking,
sexual violence, and missing and murdered Indians; and
(4) to increase the collection of data related to missing
and murdered Indians and the sharing of information among
Federal, State, and tribal officials responsible for responding
to and investigating cases of missing and murdered Indians.
SEC. 14692. AUTHORIZING FUNDING FOR THE TRIBAL ACCESS PROGRAM.
(a) In General.--Section 534 of title 28, United States Code, is
amended by adding at the end the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated $3,000,000 for each of fiscal years 2020 through 2024, to
remain available until expended, for the purposes of enhancing the
ability of tribal government entities to access, enter information
into, and obtain information from, Federal criminal information
databases, as authorized by this section.''.
(b) Indian Tribe and Indian Law Enforcement Information Sharing.--
Section 534 of title 28, United States Code, is further amended by
amending subsection (d) to read as follows:
``(d) Indian Tribe and Indian Law Enforcement Information
Sharing.--The Attorney General shall permit tribal law enforcement
entities (including entities designated by a tribe as maintaining
public safety within a tribe's territorial jurisdiction that has no
federal or state arrest authority) and Bureau of Indian Affairs law
enforcement agencies--
``(1) to access and enter information into Federal criminal
information databases; and
``(2) to obtain information from the databases.''.
SEC. 14693. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE,
DATING VIOLENCE, OBSTRUCTION OF JUSTICE, SEXUAL VIOLENCE,
SEX TRAFFICKING, STALKING, AND ASSAULT OF A LAW
ENFORCEMENT OFFICER OR CORRECTIONS OFFICER.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known
as the ``Indian Civil Rights Act of 1968'') is amended--
(1) in the heading, by striking ``crimes of domestic
violence'' and inserting ``crimes of domestic violence, dating
violence, obstruction of justice, sexual violence, sex
trafficking, stalking, and assault of a law enforcement or
corrections officer'';
(2) in subsection (a)(6), in the heading, by striking
``Special domestic violence criminal jurisdiction'' and
inserting ``Special tribal criminal jurisdiction'';
(3) by striking ``special domestic violence criminal
jurisdiction'' each place such term appears and inserting
``special tribal criminal jurisdiction'';
(4) in subsection (a)--
(A) by adding at the end the following:
``(12) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person proscribed by
the criminal law of the Indian tribe that has jurisdiction over
the Indian country where the violation occurs that would cause
a reasonable person to--
``(A) fear for the person's safety or the safety of
others; or
``(B) suffer substantial emotional distress.'';
(B) by redesignating paragraphs (6) and (7) as
paragraphs (10) and (11);
(C) by inserting before paragraph (10) (as
redesignated) the following:
``(8) Sex trafficking.--
``(A) In general.--The term `sex trafficking' means
conduct--
``(i) consisting of--
``(I) recruiting, enticing,
harboring, transporting, providing,
obtaining, advertising, maintaining,
patronizing, or soliciting by any means
a person; or
``(II) benefitting, financially or
by receiving anything of value, from
participation in a venture that has
engaged in an act described in
subclause (I); and
``(ii) carried out with the knowledge, or,
except where the act constituting the violation
of clause (i) is advertising, in reckless
disregard of the fact, that--
``(I) means of force, threats of
force, fraud, coercion, or any
combination of such means will be used
to cause the person to engage in a
commercial sex act; or
``(II) the person has not attained
the age of 18 years and will be caused
to engage in a commercial sex act.
``(B) Definitions.--In this paragraph, the terms
`coercion' and `commercial sex act' have the meanings
given the terms in section 1591(e) of title 18, United
States Code.
``(9) Sexual violence.--The term `sexual violence' means
any nonconsensual sexual act or contact proscribed by the
criminal law of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs, including in any
case in which the victim lacks the capacity to consent to the
act.'';
(D) by redesignating paragraphs (4) and (5) as
paragraphs (6) and (7);
(E) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4);
(F) in paragraph (3) (as redesignated), to read as
follows:
``(3) Domestic violence.--The term `domestic violence'
means violence--
``(A) committed by a current or former spouse or
intimate partner of the victim, by a person with whom
the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as
a spouse or intimate partner, or by a person similarly
situated to a spouse of the victim under the domestic-
or family- violence laws of an Indian tribe that has
jurisdiction over the Indian country where the violence
occurs; or
``(B)(i) committed against a victim who is a child
under the age of 18, or an elder (as such term is
defined by tribal law), including when an offender
recklessly engages in conduct that creates a
substantial risk of death or serious bodily injury to
the victim, or committed as described in subparagraph
(A) while the child or elder is present; and
``(ii) the child or elder--
``(I) resides or has resided in the same
household as the offender;
``(II) is related to the offender by blood
or marriage;
``(III) is related to another victim of the
offender by blood or marriage;
``(IV) is under the care of a victim of the
offender who is an intimate partner or former
spouse; or
``(V) is under the care of a victim of the
offender who is similarly situated to a spouse
of the victim under the domestic- or family-
violence laws of an Indian tribe that has
jurisdiction over the Indian country where the
violence occurs.'';
(G) by inserting before paragraph (2) (as
redesignated), the following:
``(1) Assault of a law enforcement or correctional
officer.--The term `assault of a law enforcement or
correctional officer' means any criminal violation of the law
of the Indian tribe that has jurisdiction over the Indian
country where the violation occurs that involves the
threatened, attempted, or actual harmful or offensive touching
of a law enforcement or correctional officer.''; and
(H) by inserting after paragraph (4) (as
redesignated), the following:
``(5) Obstruction of justice.--The term `obstruction of
justice' means any violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian country where the
violation occurs, and the violation involves interfering with
the administration or due process of the tribe's laws including
any tribal criminal proceeding or investigation of a crime.'';
(5) in subsection (b)(1), by inserting after ``the powers
of self-government of a participating tribe'' the following:
``, including any participating tribes in the State of
Maine,'';
(6) in subsection (b)(4)--
(A) in subparagraph (A)(i), by inserting after
``over an alleged offense'' the following: ``, other
than obstruction of justice or an act of assault of a
law enforcement or corrections officer,''; and
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``or'' at
the end;
(ii) in clause (iii)(II), by striking the
period at the end and inserting the following:
``; or''; and
(iii) by adding at the end the following:
``(iv) is being prosecuted for a crime of
sexual violence, stalking, sex trafficking,
obstructing justice, or assaulting a police or
corrections officer under the laws of the
prosecuting tribe.'';
(7) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``domestic violence'' and inserting
``tribal''; and
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``and dating violence'' and inserting ``,
dating violence, obstruction of justice, sexual
violence, stalking, sex trafficking, or assault
of a law enforcement or corrections officer'';
and
(ii) by striking ``or dating violence'' and
inserting ``, dating violence, obstruction of
justice, sexual violence, stalking, sex
trafficking, or assault of a law enforcement or
corrections officer'';
(8) in subsection (d), by striking ``domestic violence''
each place it appears and inserting ``tribal'';
(9) by striking subsections (f), (g), and (h) and inserting
the following:
``(f) Grants and Reimbursement to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General is
authorized to reimburse tribal government authorities
for expenses incurred in exercising special tribal
criminal jurisdiction.
``(B) Eligible expenses.--Eligible expenses for
reimbursement shall include--
``(i) expenses incurred to arrest or
prosecute offenders and to detain inmates
(including costs associated with providing
health care);
``(ii) expenses related to indigent defense
services; and
``(iii) costs associated with probation and
rehabilitation services.
``(C) Procedure.--Reimbursements authorized
pursuant to this section shall be in accordance with
rules promulgated by the Attorney General after
consultation with Indian tribes and within 1 year after
the date of enactment of this Act. The rules
promulgated by the Department shall set a maximum
allowable reimbursement to any tribal government in a
1-year period.
``(2) Grants.--The Attorney General may award grants to the
governments of Indian tribes (or to authorized designees of
those governments)--
``(A) to strengthen tribal criminal justice systems
to assist Indian tribes in exercising special tribal
criminal jurisdiction, including--
``(i) law enforcement (including the
capacity of law enforcement, court personnel,
or other non-law enforcement entities that have
no Federal or State arrest authority agencies
but have been designated by a tribe as
responsible for maintaining public safety
within its territorial jurisdiction, to enter
information into and obtain information from
national crime information databases);
``(ii) prosecution;
``(iii) trial and appellate courts
(including facilities construction);
``(iv) probation systems;
``(v) detention and correctional facilities
(including facilities construction);
``(vi) alternative rehabilitation centers;
``(vii) culturally appropriate services and
assistance for victims and their families; and
``(viii) criminal codes and rules of
criminal procedure, appellate procedure, and
evidence;
``(B) to provide indigent criminal defendants with
the effective assistance of licensed defense counsel,
at no cost to the defendant, in criminal proceedings in
which a participating tribe prosecutes--
``(i) a crime of domestic violence;
``(ii) a crime of dating violence;
``(iii) a criminal violation of a
protection order;
``(iv) a crime of sexual violence;
``(v) a crime of stalking;
``(vi) a crime of sex trafficking;
``(vii) a crime of obstruction of justice;
or
``(viii) a crime of assault of a law
enforcement or correctional officer;
``(C) to ensure that, in criminal proceedings in
which a participating tribe exercises special tribal
criminal jurisdiction, jurors are summoned, selected,
and instructed in a manner consistent with all
applicable requirements;
``(D) to accord victims of domestic violence,
dating violence, sexual violence, stalking, sex
trafficking, obstruction of justice, assault of a law
enforcement or correctional officer, and violations of
protection orders rights that are similar to the rights
of a crime victim described in section 3771(a) of title
18, consistent with tribal law and custom; and
``(E) to create a pilot project to allow up to five
Indian tribes in Alaska to implement special tribal
criminal jurisdiction.
``(g) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated $7,000,000 for each of fiscal years 2020 through 2024 to
carry out subsection (f) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.
``(i) Use of Funds.--Not less than 25 percent of the total amount
of funds appropriated under this section in a given year shall be used
for each of the purposes described in paragraphs (1) and (2) of
subsection (f), with remaining funds available to be distributed for
either of the purposes described in paragraph (1) or (2) of subsection
(f), or any combination of such purposes, depending on need and in
consultation with Indian tribes.'';
(10) by inserting after subsection (i) the following:
``(j) Indian Country Defined.--For purposes of the pilot project
described in subsection (f)(5), the definition of `Indian country'
shall include--
``(1) Alaska Native-owned Townsites, Allotments, and former
reservation lands acquired in fee by Alaska Native Village
Corporations pursuant to the Alaska Native Claims Settlement
Act (43 U.S.C. 33) and other lands transferred in fee to Native
villages; and
``(2) all lands within any Alaska Native village with a
population that is at least 75 percent Alaska Native.''.
SEC. 14694. ANNUAL REPORTING REQUIREMENTS.
Beginning in the first fiscal year after the date of enactment of
this title, and annually thereafter, the Attorney General and the
Secretary of the Interior shall jointly prepare and submit a report, to
the Committee on Indian Affairs and the Committee on the Judiciary of
the Senate and the Committee on Natural Resources and the Committee on
the Judiciary of the House of Representatives, that--
(1) includes known statistics on missing and murdered
Indian women in the United States, including statistics
relating to incidents of sexual abuse or sexual assault
suffered by the victims; and
(2) provides recommendations regarding how to improve data
collection on missing and murdered Indian women.
SEC. 14695. REPORT ON THE RESPONSE OF LAW ENFORCEMENT AGENCIES TO
REPORTS OF MISSING OR MURDERED INDIANS.
(a) Definitions.--In this section:
(1) Covered database.--The term ``covered database''
means--
(A) the database of the National Crime Information
Center;
(B) the Combined DNA Index System;
(C) the Next Generation Identification System; and
(D) any other database or system of a law
enforcement agency under which a report of a missing or
murdered Indian may be submitted, including--
(i) the Violent Criminal Apprehension
Program; or
(ii) the National Missing and Unidentified
Persons System.
(2) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(4) Law enforcement agency.--The term ``law enforcement
agency'' means a Federal, State, local, or Tribal law
enforcement agency.
(5) Missing or murdered indian.--The term ``missing or
murdered Indian'' means any Indian who is--
(A) reported missing in Indian country or any other
location; or
(B) murdered in Indian country or any other
location.
(6) Notification system.--The term ``notification system''
means--
(A) the Criminal Justice Information Network;
(B) the AMBER Alert communications network
established under subtitle A of title III of the
PROTECT Act (34 U.S.C. 20501 et seq.); and
(C) any other system or public notification system
that relates to a report of a missing or murdered
Indian, including any State, local, or Tribal
notification system.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Comptroller General of the United States shall submit
to the Committee on Indian Affairs of the Senate and the Committee on
Natural Resources of the House of Representatives a comprehensive
report that includes--
(1) a review of--
(A) each law enforcement agency that has
jurisdiction over missing or murdered Indians and the
basis for that jurisdiction;
(B) the response procedures, with respect to a
report of a missing or murdered Indian, of--
(i) the Federal Bureau of Investigation;
(ii) the Bureau of Indian Affairs; and
(iii) any other Federal law enforcement
agency responsible for responding to or
investigating a report of a missing or murdered
Indian;
(C) each covered database and notification system;
(D) Federal interagency cooperation and
notification policies and procedures related to missing
or murdered Indians;
(E) the requirements of each Federal law
enforcement agency relating to notifying State, local,
or Tribal law enforcement agencies after the Federal
law enforcement agency receives a report of a missing
or murdered Indian; and
(F) the public notification requirements of law
enforcement agencies relating to missing or murdered
Indians;
(2) recommendations and best practices relating to
improving cooperation between and response policies of law
enforcement agencies relating to missing and murdered Indians;
and
(3) recommendations relating to--
(A) improving how--
(i) covered databases address instances of
missing or murdered Indians, including by
improving access to, integrating, and improving
the sharing of information between covered
databases; and
(ii) notification systems address instances
of missing or murdered Indians, including by
improving access to, integrating, and improving
the sharing of information between notification
systems;
(B) social, educational, economic, and any other
factor that may contribute to an Indian becoming a
missing or murdered Indian; and
(C) legislation to reduce the likelihood that an
Indian may become a missing or murdered Indian.
PART 10--OFFICE ON VIOLENCE AGAINST WOMEN
SEC. 14701. ESTABLISHMENT OF OFFICE ON VIOLENCE AGAINST WOMEN.
(a) Establishment of Office on Violence Against Women.--Section
2002 of title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10442) is amended--
(1) in subsection (a), by striking ``a Violence Against
Women Office'' and inserting ``an Office on Violence Against
Women'';
(2) in subsection (b), by inserting after ``within the
Department of Justice'' the following: ``, not subsumed by any
other office'';
(3) in subsection (c)(2), by striking ``Violence Against
Women Act of 1994 (title VI of Public Law 103-322) and the
Violence Against Women Act of 2000 (division B of Public Law
106-386)'' and inserting ``Violence Against Women Act of 1994
(title VII of Public Law 103-322), the Violence Against Women
Act of 2000 (division B of Public Law 106-386), the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (title IX of Public Law 109-162; 119 Stat. 3080), the
Violence Against Women Reauthorization Act of 2013 (Public Law
113-4; 127 Stat. 54), and the Violence Against Women
Reauthorization Act of 2019''.
(b) Director of the Office on Violence Against Women.--Section 2003
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10443) is amended to read as follows:
``SEC. 2003. DIRECTOR OF THE OFFICE ON VIOLENCE AGAINST WOMEN.
``(a) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint a Director for the Office on
Violence Against Women (in this title referred to as the `Director') to
be responsible, under the general authority of the Attorney General,
for the administration, coordination, and implementation of the
programs and activities of the Office.
``(b) Other Employment.--The Director shall not--
``(1) engage in any employment other than that of serving
as Director; or
``(2) hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Office
makes any contract or other agreement under the Violence
Against Women Act of 1994 (title IV of Public Law 103-322), the
Violence Against Women Act of 2000 (division B of Public Law
106-386), the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (title IX of Public Law 109-162;
119 Stat. 3080), the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4; 127 Stat. 54), or the Violence
Against Women Reauthorization Act of 2019.
``(c) Vacancy.--In the case of a vacancy, the President may
designate an officer or employee who shall act as Director during the
vacancy.
``(d) Compensation.--The Director shall be compensated at a rate of
pay not to exceed the rate payable for level V of the Executive
Schedule under section 5316 of title 5, United States Code.''.
(c) Duties and Functions of Director of the Office on Violence
Against Women.--Section 2004 of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10444) is amended to read as follows:
``SEC. 2004. DUTIES AND FUNCTIONS OF DIRECTOR OF THE OFFICE ON VIOLENCE
AGAINST WOMEN.
``The Director shall have the following duties:
``(1) Maintaining liaison with the judicial branches of the
Federal and State Governments on matters relating to violence
against women.
``(2) Providing information to the President, the Congress,
the judiciary, State, local, and tribal governments, and the
general public on matters relating to violence against women.
``(3) Serving, at the request of the Attorney General, as
the representative of the Department of Justice on domestic
task forces, committees, or commissions addressing policy or
issues relating to violence against women.
``(4) Serving, at the request of the President, acting
through the Attorney General, as the representative of the
United States Government on human rights and economic justice
matters related to violence against women in international
fora, including, but not limited to, the United Nations.
``(5) Carrying out the functions of the Department of
Justice under the Violence Against Women Act of 1994 (title IV
of Public Law 103-322), the Violence Against Women Act of 2000
(division B of Public Law 106-386), the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (title IX
of Public Law 109-162; 119 Stat. 3080), the Violence Against
Women Reauthorization Act of 2013 (Public Law 113-4; 127 Stat.
54), and the Violence Against Women Reauthorization Act of
2019, including with respect to those functions--
``(A) the development of policy, protocols, and
guidelines;
``(B) the development and management of grant
programs and other programs, and the provision of
technical assistance under such programs; and
``(C) the awarding and termination of grants,
cooperative agreements, and contracts.
``(6) Providing technical assistance, coordination, and
support to--
``(A) other components of the Department of
Justice, in efforts to develop policy and to enforce
Federal laws relating to violence against women,
including the litigation of civil and criminal actions
relating to enforcing such laws;
``(B) other Federal, State, local, and tribal
agencies, in efforts to develop policy, provide
technical assistance, synchronize federal definitions
and protocols, and improve coordination among agencies
carrying out efforts to eliminate violence against
women, including Indian or indigenous women; and
``(C) grantees, in efforts to combat violence
against women and to provide support and assistance to
victims of such violence.
``(7) Exercising such other powers and functions as may be
vested in the Director pursuant to this subchapter or by
delegation of the Attorney General.
``(8) Establishing such rules, regulations, guidelines, and
procedures as are necessary to carry out any function of the
Office.''.
(d) Staff of Office on Violence Against Women.--Section 2005 of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10445) is
amended in the heading, by striking ``violence against women office''
and inserting ``office on violence against women''.
(e) Clerical Amendment.--Section 121(a)(1) of the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C.
20124(a)(1)) is amended by striking ``the Violence Against Women
Office'' and inserting ``the Office on Violence Against Women''.
SEC. 14702. REPORT OF THE ATTORNEY GENERAL ON THE EFFECTS OF THE
SHUTDOWN.
Not later than 180 days after the date of enactment of this title,
the Attorney General shall submit a report to Congress on the effects
of the Federal Government shutdown that lasted from December 22, 2018
to January 25, 2019, evaluating and detailing the extent of the effect
of the shutdown on the ability of the Department of Justice to disperse
funding and services under the Violence Against Women Act of 1994, the
Violence Against Women and Department of Justice Reauthorization Act of
2005, and the Victims of Crime Act of 1984, to victims of domestic
violence, dating violence, sexual assault, and stalking.
PART 11--IMPROVING CONDITIONS FOR WOMEN IN FEDERAL CUSTODY
SEC. 14711. IMPROVING THE TREATMENT OF PRIMARY CARETAKER PARENTS AND
OTHER INDIVIDUALS IN FEDERAL PRISONS.
(a) Short Title.--This section may be cited as the ``Ramona Brant
Improvement of Conditions for Women in Federal Custody Act''.
(b) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `covered institution' means a Federal penal
or correctional institution;
``(3) the term `Director' means the Director of the Bureau
of Prisons;
``(4) the term `post-partum recovery' means the first 8-
week period of post-partum recovery after giving birth;
``(5) the term `primary caretaker parent' has the meaning
given the term in section 31903 of the Family Unity
Demonstration Project Act (34 U.S.C. 12242);
``(6) the term `prisoner' means an individual who is
incarcerated in a Federal penal or correctional institution,
including a vulnerable person; and
``(7) the term `vulnerable person' means an individual
who--
``(A) is under 21 years of age or over 60 years of
age;
``(B) is pregnant;
``(C) identifies as lesbian, gay, bisexual,
transgender, or intersex;
``(D) is victim or witness of a crime;
``(E) has filed a nonfrivolous civil rights claim
in Federal or State court;
``(F) has a serious mental or physical illness or
disability; or
``(G) during the period of incarceration, has been
determined to have experienced or to be experiencing
severe trauma or to be the victim of gender-based
violence--
``(i) by any court or administrative
judicial proceeding;
``(ii) by any corrections official;
``(iii) by the individual's attorney or
legal service provider; or
``(iv) by the individual.
``(b) Geographic Placement.--
``(1) Establishment of office.--The Director shall
establish within the Bureau of Prisons an office that
determines the placement of prisoners.
``(2) Placement of prisoners.--In determining the placement
of a prisoner, the office established under paragraph (1)
shall--
``(A) if the prisoner has children, place the
prisoner as close to the children as possible;
``(B) in deciding whether to assign a transgender
or intersex prisoner to a facility for male or female
prisoners, and in making other housing and programming
assignments, consider on a case-by-case basis whether a
placement would ensure the prisoner's health and
safety, including serious consideration of the
prisoner's own views with respect to their safety, and
whether the placement would present management or
security problems; and
``(C) consider any other factor that the office
determines to be appropriate.
``(c) Prohibition on Placement of Pregnant Prisoners or Prisoners
in Post-Partum Recovery in Segregated Housing Units.--
``(1) Placement in segregated housing units.--A covered
institution may not place a prisoner who is pregnant or in
post-partum recovery in a segregated housing unit unless the
prisoner presents an immediate risk of harm to the prisoner or
others.
``(2) Restrictions.--Any placement of a prisoner described
in subparagraph (A) in a segregated housing unit shall be
limited and temporary.
``(d) Parenting Classes.--The Director shall provide parenting
classes to each prisoner who is a primary caretaker parent, and such
classes shall be made available to prisoners with limited English
proficiency in compliance with title VI of the Civil Rights Act of
1964.
``(e) Trauma Screening.--The Director shall provide training,
including cultural competency training, to each correctional officer
and each employee of the Bureau of Prisons who regularly interacts with
prisoners, including each instructor and health care professional, to
enable those correctional officers and employees to--
``(1) identify a prisoner who has a mental or physical
health need relating to trauma the prisoner has experienced;
and
``(2) refer a prisoner described in paragraph (1) to the
proper healthcare professional for treatment.
``(f) Inmate Health.--
``(1) Health care access.--The Director shall ensure that
all prisoners receive adequate health care.
``(2) Hygienic products.--The Director shall make essential
hygienic products, including shampoo, toothpaste, toothbrushes,
and any other hygienic product that the Director determines
appropriate, available without charge to prisoners.
``(3) Gynecologist access.--The Director shall ensure that
all prisoners have access to a gynecologist as appropriate.
``(g) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall make rules under
which--
``(A) a correctional officer may not conduct a
strip search of a prisoner of the opposite sex unless--
``(i) the prisoner presents a risk of
immediate harm to the prisoner or others, and
no other correctional officer of the same sex
as the prisoner, or medical staff is available
to assist; or
``(ii) the prisoner has previously
requested that an officer of a different sex
conduct searches;
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i) a prisoner in the restroom presents a
risk of immediate harm to themselves or others;
or
``(ii) there is a medical emergency in the
restroom and no other correctional officer of
the appropriate sex is available to assist;
``(C) a transgender prisoner's sex is determined
according to the sex with which they identify; and
``(D) a correctional officer may not search or
physically examine a prisoner for the sole purpose of
determining the prisoner's genital status or sex.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.).''.
(c) Substance Abuse Treatment.--Section 3621(e) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Director of the Bureau of Prisons may not prohibit
an eligible prisoner who is a primary caretaker parent (as
defined in section 4051) or pregnant from participating in a
program of residential substance abuse treatment provided under
paragraph (1) on the basis of a failure by the eligible
prisoner, before being committed to the custody of the Bureau
of Prisons, to disclose to any official of the Bureau of
Prisons that the prisoner had a substance abuse problem on or
before the date on which the eligible prisoner was committed to
the custody of the Bureau of Prisons.''.
(d) Implementation Date.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall implement this section and the amendments made by this
section.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Director of the Bureau of Prisons
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report on the implementation of this section
and the amendments made by this section.
(e) Technical and Conforming Amendment.--The table of sections for
chapter 303 of title 18, United States Code, is amended by adding at
the end the following:
``4051. Treatment of primary caretaker parents and other
individuals.''.
SEC. 14712. PUBLIC HEALTH AND SAFETY OF WOMEN.
(a) Short Title.--This section may be cited as the ``Stop Infant
Mortality And Recidivism Reduction Act'' or the ``SIMARRA Act''.
(b) Establishment.--Not later than 270 days after the date of the
enactment of this section, the Director of the Federal Bureau of
Prisons (in this section referred to as the ``Director'') shall
establish a pilot program (in this section referred to as the
``Program'') in accordance with this section to permit women
incarcerated in Federal prisons and the children born to such women
during incarceration to reside together while the inmate serves a term
of imprisonment in a separate housing wing of the prison.
(c) Purposes.--The purposes of this section are to--
(1) prevent infant mortality among infants born to
incarcerated mothers and greatly reduce the trauma and stress
experienced by the unborn fetuses of pregnant inmates;
(2) reduce the recidivism rates of federally incarcerated
women and mothers, and enhance public safety by improving the
effectiveness of the Federal prison system for women as a
population with special needs;
(3) establish female offender risk and needs assessment as
the cornerstones of a more effective and efficient Federal
prison system;
(4) implement a validated post-sentencing risk and needs
assessment system that relies on dynamic risk factors to
provide Federal prison officials with a roadmap to address the
pre- and post-natal needs of Federal pregnant offenders, manage
limited resources, and enhance public safety;
(5) perform regular outcome evaluations of the
effectiveness of programs and interventions for federally
incarcerated pregnant women and mothers to assure that such
programs and interventions are evidence-based and to suggest
changes, deletions, and expansions based on the results of such
evaluations; and
(6) assist the Department of Justice to address the
underlying cost structure of the Federal prison system and
ensure that the Department can continue to run prison nurseries
safely and securely without compromising the scope or quality
of the Department's critical health, safety and law enforcement
missions.
(d) Duties of the Director of Bureau of Prisons.--
(1) In general.--The Director shall carry out this section
in consultation with--
(A) a licensed and board-certified gynecologist or
obstetrician;
(B) the Director of the Administrative Office of
the United States Courts;
(C) the Director of the Office of Probation and
Pretrial Services;
(D) the Director of the National Institute of
Justice; and
(E) the Secretary of Health and Human Services.
(2) Duties.--The Director shall, in accordance with
paragraph (3)--
(A) develop an offender risk and needs assessment
system particular to the health and sensitivities of
Federally incarcerated pregnant women and mothers in
accordance with this subsection;
(B) develop recommendations regarding recidivism
reduction programs and productive activities in
accordance with subsection (c);
(C) conduct ongoing research and data analysis on--
(i) the best practices relating to the use
of offender risk and needs assessment tools
particular to the health and sensitivities of
federally incarcerated pregnant women and
mothers;
(ii) the best available risk and needs
assessment tools particular to the health and
sensitivities of Federally incarcerated
pregnant women and mothers and the level to
which they rely on dynamic risk factors that
could be addressed and changed over time, and
on measures of risk of recidivism, individual
needs, and responsiveness to recidivism
reduction programs;
(iii) the most effective and efficient uses
of such tools in conjunction with recidivism
reduction programs, productive activities,
incentives, and rewards; and
(iv) which recidivism reduction programs
are the most effective--
(I) for Federally incarcerated
pregnant women and mothers classified
at different recidivism risk levels;
and
(II) for addressing the specific
needs of Federally incarcerated
pregnant women and mothers;
(D) on a biennial basis, review the system
developed under subparagraph (A) and the
recommendations developed under subparagraph (B), using
the research conducted under subparagraph (C), to
determine whether any revisions or updates should be
made, and if so, make such revisions or updates;
(E) hold periodic meetings with the individuals
listed in paragraph (1) at intervals to be determined
by the Director;
(F) develop tools to communicate parenting program
availability and eligibility criteria to each employee
of the Bureau of Prisons and each pregnant inmate to
ensure that each pregnant inmate in the custody of a
Bureau of Prisons facility understands the resources
available to such inmate; and
(G) report to Congress in accordance with
subsection (i).
(3) Methods.--In carrying out the duties under paragraph
(2), the Director shall--
(A) consult relevant stakeholders; and
(B) make decisions using data that is based on the
best available statistical and empirical evidence.
(e) Eligibility.--An inmate may apply to participate in the Program
if the inmate--
(1) is pregnant at the beginning of or during the term of
imprisonment; and
(2) is in the custody or control of the Federal Bureau of
Prisons.
(f) Program Terms.--
(1) Term of participation.--To correspond with the purposes
and goals of the Program to promote bonding during the critical
stages of child development, an eligible inmate selected for
the Program may participate in the Program, subject to
subsection (g), until the earliest of--
(A) the date that the inmate's term of imprisonment
terminates;
(B) the date the infant fails to meet any medical
criteria established by the Director or the Director's
designee along with a collective determination of the
persons listed in subsection (d)(1); or
(C) 30 months.
(2) Inmate requirements.--For the duration of an inmate's
participation in the Program, the inmate shall agree to--
(A) take substantive steps towards acting in the
role of a parent or guardian to any child of that
inmate;
(B) participate in any educational or counseling
opportunities established by the Director, including
topics such as child development, parenting skills,
domestic violence, vocational training, or substance
abuse, as appropriate;
(C) abide by any court decision regarding the legal
or physical custody of the child;
(D) transfer to the Federal Bureau of Prisons any
child support payments for the infant of the
participating inmate from any person or governmental
entity; and
(E) specify a person who has agreed to take at
least temporary custody of the child if the inmate's
participation in the Program terminates before the
inmate's release.
(g) Continuity of Care.--The Director shall take appropriate
actions to prevent detachment or disruption of either an inmate's or
infant's health and bonding-based well-being due to termination of the
Program.
(h) Reporting.--
(1) In general.--Not later than 6 months after the date of
the enactment of this section and once each year thereafter for
5 years, the Director shall submit a report to the Congress
with regards to progress in implementing the Program.
(2) Final report.--Not later than 6 months after the
termination of the Program, the Director shall issue a final
report to the Congress that contains a detailed statement of
the Director's findings and conclusions, including
recommendations for legislation, administrative actions, and
regulations the Director considers appropriate.
(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $10,000,000 for each of fiscal
years 2020 through 2024.
SEC. 14713. RESEARCH AND REPORT ON WOMEN IN FEDERAL INCARCERATION.
Not later than 18 months after the date of enactment of this Act,
and thereafter, every other year, the National Institutes of Justice,
in consultation with the Bureau of Justice Statistics and the Bureau of
Prisons (including the Women and Special Population Branch) shall
prepare a report on the status of women in federal incarceration.
Depending on the topic to be addressed, and the facility, data shall be
collected from Bureau of Prisons personnel and a sample that is
representative of the population of incarcerated women. The report
shall include:
(1) With regard to federal facilities wherein women are
incarcerated--
(A) responses by such women to questions from the
Adverse Childhood Experience (ACES) questionnaire;
(B) demographic data of such women, including
sexual orientation and gender identity;
(C) responses by such women to questions about the
extent of exposure to sexual victimization, sexual
violence and domestic violence (both inside and outside
of incarceration);
(D) the number of such women were pregnant at the
time that they entered incarceration;
(E) the number of such women who have children age
18 or under, and if so, how many; and
(F) the crimes for which such women are
incarcerated and the length of their sentence.
(2) With regard to all federal facilities where persons are
incarcerated--
(A) a list of best practices with respect to
women's incarceration and transition, including staff
led programs, services and management practices
(including making sanitary products readily available
and easily accessible, and access to and provision of
healthcare);
(B) the availability of trauma treatment at each
facility (including number of beds, and number of
trained staff);
(C) rates of serious mental illness broken down by
gender and security level and a list of residential
programs available by site; and
(D) the availability of vocational education and a
list of vocational programs provided by each facility.
SEC. 14714. REENTRY PLANNING AND SERVICES FOR INCARCERATED WOMEN.
The Attorney General, in coordination with the Chief of U.S.
Probation and Pretrial Services and the Director of the Bureau of
Prisons (including Women and Special Population Branch), shall
collaborate on a model of gender responsive transition for incarcerated
women, including the development of a national standard on prevention
with respect to domestic and sexual violence. In developing the model,
the Chief and the Director shall consult with such experts within the
federal government (including the Office on Violence Against Women of
the Department of Justice) and in the victim service provider community
(including sexual and domestic violence and homelessness, job training
and job placement service providers) as are necessary to the completion
of a comprehensive plan. Issues addressed should include--
(1) the development by the Bureau of Prisons of a contract
for gender collaborative services; and
(2) identification by re-entry affairs coordinators and
responsive planning for the needs of re-entering women with
respect to--
(A) housing, including risk of homelessness;
(B) previous exposure to and risk for domestic and
sexual violence; and
(C) the need for parenting classes, assistance
securing childcare, or assistance in seeking or
securing jobs that afford flexibility (as might be
necessary in the re-entry, parenting or other
contexts).
PART 12--LAW ENFORCEMENT TOOLS TO ENHANCE PUBLIC SAFETY
SEC. 14721. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OR ATTEMPTED PURCHASE OF A FIREARM.
(a) In General.--Title I of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note) is amended by adding at the end the
following:
``SEC. 108. NOTIFICATION TO LAW ENFORCEMENT AGENCIES OF PROHIBITED
PURCHASE OF A FIREARM.
``(a) In General.--In the case of a background check conducted by
the National Instant Criminal Background Check System pursuant to the
request of a licensed importer, licensed manufacturer, or licensed
dealer of firearms (as such terms are defined in section 921 of title
18, United States Code), which background check determines that the
receipt of a firearm by a person would violate subsection (g)(8),
(g)(9), or (g)(10) of section 922 of title 18, United States Code, and
such determination is made after 3 business days have elapsed since the
licensee contacted the System and a firearm has been transferred to
that person, the System shall notify the law enforcement agencies
described in subsection (b).
``(b) Law Enforcement Agencies Described.--The law enforcement
agencies described in this subsection are the law enforcement agencies
that have jurisdiction over the location from which the licensee
contacted the system and the law enforcement agencies that have
jurisdiction over the location of the residence of the person for which
the background check was conducted, as follows:
``(1) The field office of the Federal Bureau of
Investigation.
``(2) The local law enforcement agency.
``(3) The State law enforcement agency.
``(4) The Tribal law enforcement agency.''.
(b) Clerical Amendment.--The table of contents of the NICS
Improvement Amendments Act of 2007 (18 10 U.S.C. 922 note) is amended
by inserting after the item relating to section 107 the following:
``Sec. 108. Notification to law enforcement agencies of prohibited
purchase of a firearm.''.
SEC. 14722. REPORTING OF BACKGROUND CHECK DENIALS TO STATE, LOCAL, AND
TRIBAL AUTHORITIES.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State, local, and
tribal authorities
``(a) In General.--If the national instant criminal background
check system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note) provides a notice pursuant
to section 922(t) of this title that the receipt of a firearm by a
person would violate subsection (g)(8), (g)(9), or (g)(10) of section
922 of this title or State law, the Attorney General shall, in
accordance with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) of the specific provision of law that would
have been violated;
``(C) of the date and time the notice was provided;
``(D) of the location where the firearm was sought
to be acquired; and
``(E) of the identity of the person; and
``(2) report the incident to local or tribal law
enforcement authorities and, where practicable, State, tribal,
or local prosecutors, in the jurisdiction where the firearm was
sought and in the jurisdiction where the person resides.
``(b) Requirements for Report.--A report is made in accordance with
this subsection if the report is made within 24 hours after the
provision of the notice described in subsection (a), except that the
making of the report may be delayed for so long as is necessary to
avoid compromising an ongoing investigation.
``(c) Rule of Construction.--Nothing in subsection (a) shall be
construed to require a report with respect to a person to be made to
the same State authorities that originally issued the notice with
respect to the person.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925A the
following:
``925B. Reporting of background check denials to State, local, and
tribal authorities.''.
SEC. 14723. SPECIAL ASSISTANT U.S. ATTORNEYS AND CROSS-DEPUTIZED
ATTORNEYS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by this Act, is further amended by inserting after section 925B
the following:
``Sec. 925C. Special assistant U.S. attorneys and cross-deputized
attorneys
``(a) In General.--In order to improve the enforcement of
paragraphs (8), (9), and (10) of section 922(g), the Attorney General
may--
``(1) appoint, in accordance with section 543 of title 28,
qualified State, tribal, territorial and local prosecutors and
qualified attorneys working for the United States government to
serve as special assistant United States attorneys for the
purpose of prosecuting violations of such paragraphs;
``(2) deputize State, tribal, territorial and local law
enforcement officers for the purpose of enhancing the capacity
of the agents of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives in responding to and investigating violations of
such paragraphs; and
``(3) establish, in order to receive and expedite requests
for assistance from State, tribal, territorial and local law
enforcement agencies responding to intimate partner violence
cases where such agencies have probable cause to believe that
the offenders may be in violation of such paragraphs, points of
contact within--
``(A) each Field Division of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives; and
``(B) each District Office of the United States
Attorneys.
``(b) Improve Intimate Partner and Public Safety.--The Attorney
General shall--
``(1) identify no less than 75 jurisdictions among States,
territories and tribes where there are high rates of firearms
violence and threats of firearms violence against intimate
partners and other persons protected under paragraphs (8), (9),
and (10) of section 922(g) and where local authorities lack the
resources to address such violence; and
``(2) make such appointments as described in subsection (a)
in jurisdictions where enhanced enforcement of such paragraphs
is necessary to reduce firearms homicide and injury rates.
``(c) Qualified Defined.--For purposes of this section, the term
`qualified' means, with respect to an attorney, that the attorney is a
licensed attorney in good standing with any relevant licensing
authority.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925B the
following:
``925C. Special assistant U.S. attorneys and cross-deputized
attorneys.''.
PART 13--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE
SEC. 14731. SHORT TITLE.
This part may be cited as the ``Closing the Law Enforcement Consent
Loophole Act of 2019''.
SEC. 14732. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER
COLOR OF LAW.
(a) In General.--Section 2243 of title 18, United States Code, is
amended--
(1) in the section heading, by adding at the end the
following: ``or by any person acting under color of law'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (b) the following:
``(c) Of an Individual by Any Person Acting Under Color of Law.--
``(1) In general.--Whoever, acting under color of law,
knowingly engages in a sexual act with an individual, including
an individual who is under arrest, in detention, or otherwise
in the actual custody of any Federal law enforcement officer,
shall be fined under this title, imprisoned not more than 15
years, or both.
``(2) Definition.--In this subsection, the term `sexual
act' has the meaning given the term in section 2246.''; and
(4) in subsection (d), as so redesignated, by adding at the
end the following:
``(3) In a prosecution under subsection (c), it is not a defense
that the other individual consented to the sexual act.''.
(b) Definition.--Section 2246 of title 18, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (6) the following:
``(7) the term `Federal law enforcement officer' has the
meaning given the term in section 115.''.
(c) Clerical Amendment.--The table of sections for chapter 109A of
title 18, United States Code, is amended by amending the item related
to section 2243 to read as follows:
``2243. Sexual abuse of a minor or ward or by any person acting under
color of law.''.
SEC. 14733. INCENTIVES FOR STATES.
(a) Authority To Make Grants.--The Attorney General is authorized
to make grants to States that have in effect a law that--
(1) makes it a criminal offense for any person acting under
color of law of the State to engage in a sexual act with an
individual, including an individual who is under arrest, in
detention, or otherwise in the actual custody of any law
enforcement officer; and
(2) prohibits a person charged with an offense described in
paragraph (1) from asserting the consent of the other
individual as a defense.
(b) Reporting Requirement.--A State that receives a grant under
this section shall submit to the Attorney General, on an annual basis,
information on--
(1) the number of reports made to law enforcement agencies
in that State regarding persons engaging in a sexual act while
acting under color of law during the previous year; and
(2) the disposition of each case in which sexual misconduct
by a person acting under color of law was reported during the
previous year.
(c) Application.--A State seeking a grant under this section shall
submit an application to the Attorney General at such time, in such
manner, and containing such information as the Attorney General may
reasonably require, including information about the law described in
subsection (a).
(d) Grant Amount.--The amount of a grant to a State under this
section shall be in an amount that is not greater than 10 percent of
the average of the total amount of funding of the 3 most recent awards
that the State received under the following grant programs:
(1) Part T of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly
referred to as the ``STOP Violence Against Women Formula Grant
Program'').
(2) Section 41601 of the Violence Against Women Act of 1994
(34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault
Services Program'').
(e) Grant Term.--
(1) In general.--The Attorney General shall provide an
increase in the amount provided to a State under the grant
programs described in subsection (d) for a 2-year period.
(2) Renewal.--A State that receives a grant under this
section may submit an application for a renewal of such grant
at such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(3) Limit.--A State may not receive a grant under this
section for more than 4 years.
(f) Uses of Funds.--A State that receives a grant under this
section shall use--
(1) 25 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(1) of subsection (d); and
(2) 75 percent of such funds for any of the permissible
uses of funds under the grant program described in paragraph
(2) of subsection (d).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this chapter $5,000,000 for each of fiscal
years 2020 through 2024.
(h) Definition.--For purposes of this section, the term ``State''
means each of the several States and the District of Columbia, Indian
Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.
SEC. 14734. REPORTS TO CONGRESS.
(a) Report by Attorney General.--Not later than 1 year after the
date of enactment of this Act, and each year thereafter, the Attorney
General shall submit to Congress a report containing--
(1) the information required to be reported to the Attorney
General under section 14703(b); and
(2) information on--
(A) the number of reports made, during the previous
year, to Federal law enforcement agencies regarding
persons engaging in a sexual act while acting under
color of law; and
(B) the disposition of each case in which sexual
misconduct by a person acting under color of law was
reported.
(b) Report by GAO.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Comptroller
General of the United States shall submit to Congress a report on any
violations of section 2243(c) of title 18, United States Code, as
amended by section 14702, committed during the 1-year period covered by
the report.
SEC. 14735. DEFINITION.
In this title, the term ``sexual act'' has the meaning given the
term in section 2246 of title 18, United States Code.
PART 14--OTHER MATTERS
SEC. 14741. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.
Section 40603 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12402) is amended by striking ``2014 through 2018''
and inserting ``2020 through 2024''.
SEC. 14742. FEDERAL VICTIM ASSISTANTS REAUTHORIZATION.
Section 40114 of the Violence Against Women Act of 1994 (Public Law
103-322) is amended to read as follows:
``SEC. 40114. AUTHORIZATION FOR FEDERAL VICTIM'S COUNSELORS.
``There are authorized to be appropriated for the United States
Attorneys for the purpose of appointing victim/witness counselors for
the prosecution of sex crimes and domestic violence crimes where
applicable (such as the District of Columbia), $1,000,000 for each of
fiscal years 2020 through 2024.''.
SEC. 14743. CHILD ABUSE TRAINING PROGRAMS FOR JUDICIAL PERSONNEL AND
PRACTITIONERS REAUTHORIZATION.
Section 224(a) of the Crime Control Act of 1990 (34 U.S.C.
20334(a)) is amended by striking ``2014 through 2018'' and inserting
``2020 through 2024''.
SEC. 14744. SEX OFFENDER MANAGEMENT.
Section 40152(c) of the Violent Crime Control and Law Enforcement
Act of 1994 (34 U.S.C. 12311(c)) is amended by striking ``2014 through
2018'' and inserting ``2020 through 2024''.
SEC. 14745. COURT-APPOINTED SPECIAL ADVOCATE PROGRAM.
Section 219(a) of the Crime Control Act of 1990 (34 U.S.C.
20324(a)) is amended by striking ``2014 through 2018'' and inserting
``2020 through 2024''.
SEC. 14746. RAPE KIT BACKLOG.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (34
U.S.C. 40701) is amended--
(1) in subsection (f)--
(A) in paragraph (1) by striking ``and'' at the
end;
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following:
``(2) information on best practices for state and local
governments to reduce the backlog of DNA evidence''; and
(2) in subsection (j), by striking ``2015 through 2019''
and inserting ``2020 through 2024''.
SEC. 14747. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.
Section 304(d) of the DNA Sexual Assault Justice Act of 2004 (34
U.S.C. 40723(d)) is amended by striking ``2015 through 2019'' and
inserting ``2020 through 2024''.
SEC. 14748. REVIEW ON LINK BETWEEN SUBSTANCE USE AND VICTIMS OF
DOMESTIC VIOLENCE DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING.
Not later than 24 months after the date of enactment of this Act,
the Secretary of the Department of Health and Human Services shall
complete a review and submit a report to Congress on whether being a
victim of domestic violence, dating violence, sexual assault, or
stalking increases the likelihood of having a substance use disorder.
SEC. 14749. INTERAGENCY WORKING GROUP TO STUDY FEDERAL EFFORTS TO
COLLECT DATA ON SEXUAL VIOLENCE.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall establish an
interagency working group (in this section referred to as the ``Working
Group'') to study Federal efforts to collect data on sexual violence
and to make recommendations on the harmonization of such efforts.
(b) Composition.--The Working Group shall be comprised of at least
one representative from the following agencies, who shall be selected
by the head of that agency:
(1) The Centers for Disease Control and Prevention.
(2) The Department of Education.
(3) The Department of Health and Human Services.
(4) The Department of Justice.
(c) Duties.--The Working Group shall consider the following:
(1) What activity constitutes different acts of sexual
violence.
(2) Whether reports that use the same terms for acts of
sexual violence are collecting the same data on these acts.
(3) Whether the context which led to an act of sexual
violence should impact how that act is accounted for in
reports.
(4) Whether the data collected is presented in a way that
allows the general public to understand what acts of sexual
violence are included in each measurement.
(5) Steps that agencies that compile reports relating to
sexual violence can take to avoid double counting incidents of
sexual violence.
(d) Report Required.--Not later than 2 years after the date of the
enactment of this Act, the Working Group shall publish and submit to
Congress a report on the following:
(1) The activities of the Working Group.
(2) Recommendations to harmonize Federal efforts to collect
data on sexual violence.
(3) Actions Federal agencies can take to implement the
recommendations described in paragraph (2).
(4) Recommendations for congressional action to implement
the recommendations described in paragraph (2).
(e) Termination.--The Working Group shall terminate 30 days after
the date on which the report is submitted pursuant to subsection (d).
(f) Definitions.--In this section:
(1) Harmonize.--The term ``harmonize'' includes efforts to
coordinate sexual violence data collection to produce
complementary information, as appropriate, without compromising
programmatic needs.
(2) Sexual violence.--The term ``sexual violence'' includes
an unwanted sexual act (including both contact and non-contact)
about which the Federal Government collects information.
SEC. 14750. NATIONAL DOMESTIC VIOLENCE HOTLINE.
Not later than 3 months after the date of enactment of this Act, a
national domestic violence hotline for which a grant is provided under
section 313 of the Family Violence Prevention and Services Act shall
include the voluntary feature of texting via telephone to ensure all
methods of communication are available for victims and those seeking
assistance.
SEC. 14751. RULE OF CONSTRUCTION REGARDING COMPLIANCE WITH IMMIGRATION
LAWS.
Nothing in this Act, or in any amendments made by this Act, shall
affect the obligation to fully comply with the immigration laws.
PART 15--CYBERCRIME ENFORCEMENT
SEC. 14761. LOCAL LAW ENFORCEMENT GRANTS FOR ENFORCEMENT OF
CYBERCRIMES.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award grants under this section to States and
units of local government for the prevention, enforcement, and
prosecution of cybercrimes against individuals.
(b) Application.--
(1) In general.--To request a grant under this section, the
chief executive officer of a State or unit of local government
shall submit an application to the Attorney General within 90
days after the date on which funds to carry out this section
are appropriated for a fiscal year, in such form as the
Attorney General may require. Such application shall include
the following:
(A) A certification that Federal funds made
available under this section will not be used to
supplant State or local funds, but will be used to
increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law
enforcement activities.
(B) An assurance that, not fewer than 30 days
before the application (or any amendment to the
application) was submitted to the Attorney General, the
application (or amendment) was submitted for review to
the governing body of the State or unit of local
government (or to an organization designated by that
governing body).
(C) An assurance that, before the application (or
any amendment to the application) was submitted to the
Attorney General--
(i) the application (or amendment) was made
public; and
(ii) an opportunity to comment on the
application (or amendment) was provided to
citizens and to neighborhood or community-based
organizations, to the extent applicable law or
established procedure makes such an opportunity
available.
(D) An assurance that, for each fiscal year covered
by an application, the applicant shall maintain and
report such data, records, and information
(programmatic and financial) as the Attorney General
may reasonably require.
(E) A certification, made in a form acceptable to
the Attorney General and executed by the chief
executive officer of the applicant (or by another
officer of the applicant, if qualified under
regulations promulgated by the Attorney General),
that--
(i) the programs to be funded by the grant
meet all the requirements of this section;
(ii) all the information contained in the
application is correct;
(iii) there has been appropriate
coordination with affected agencies; and
(iv) the applicant will comply with all
provisions of this section and all other
applicable Federal laws.
(F) A certification that the State or in the case
of a unit of local government, the State in which the
unit of local government is located, has in effect
criminal laws which prohibit cybercrimes against
individuals.
(G) A certification that any equipment described in
subsection (c)(7) purchased using grant funds awarded
under this section will be used primarily for
investigations and forensic analysis of evidence in
matters involving cybercrimes against individuals.
(c) Use of Funds.--Grants awarded under this section may only be
used for programs that provide--
(1) training for State or local law enforcement personnel
relating to cybercrimes against individuals, including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to identify and
investigate cybercrimes against individuals;
(D) training such personnel to enforce and utilize
the laws that prohibit cybercrimes against individuals;
(E) training such personnel to utilize technology
to assist in the investigation of cybercrimes against
individuals and enforcement of laws that prohibit such
crimes; and
(F) the payment of overtime incurred as a result of
such training;
(2) training for State or local prosecutors, judges, and
judicial personnel, relating to cybercrimes against
individuals, including--
(A) training such personnel to identify,
investigate, prosecute, or adjudicate cybercrimes
against individuals;
(B) training such personnel to utilize laws that
prohibit cybercrimes against individuals;
(C) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals; and
(D) training such personnel to utilize technology
to assist in the prosecution or adjudication of acts of
cybercrimes against individuals, including the use of
technology to protect victims of such crimes;
(3) training for State or local emergency dispatch
personnel relating to cybercrimes against individuals,
including--
(A) training such personnel to identify and protect
victims of cybercrimes against individuals;
(B) training such personnel to utilize Federal,
State, local, and other resources to assist victims of
cybercrimes against individuals;
(C) training such personnel to utilize technology
to assist in the identification of and response to
cybercrimes against individuals; and
(D) the payment of overtime incurred as a result of
such training;
(4) assistance to State or local law enforcement agencies
in enforcing laws that prohibit cybercrimes against
individuals, including expenses incurred in performing
enforcement operations, such as overtime payments;
(5) assistance to State or local law enforcement agencies
in educating the public in order to prevent, deter, and
identify violations of laws that prohibit cybercrimes against
individuals;
(6) assistance to State or local law enforcement agencies
to establish task forces that operate solely to conduct
investigations, forensic analyses of evidence, and prosecutions
in matters involving cybercrimes against individuals;
(7) assistance to State or local law enforcement and
prosecutors in acquiring computers, computer equipment, and
other equipment necessary to conduct investigations and
forensic analysis of evidence in matters involving cybercrimes
against individuals, including expenses incurred in the
training, maintenance, or acquisition of technical updates
necessary for the use of such equipment for the duration of a
reasonable period of use of such equipment;
(8) assistance in the facilitation and promotion of
sharing, with State and local law enforcement officers and
prosecutors, of the expertise and information of Federal law
enforcement agencies about the investigation, analysis, and
prosecution of matters involving laws that prohibit cybercrimes
against individuals, including the use of multijurisdictional
task forces; or
(9) assistance to State and local law enforcement and
prosecutors in processing interstate extradition requests for
violations of laws involving cybercrimes against individuals,
including expenses incurred in the extradition of an offender
from one State to another.
(d) Report to the Secretary.--On the date that is 1 year after the
date on which a State or unit of local government receives a grant
under this section, and annually thereafter, the chief executive of
such State or unit of local government shall submit to the Attorney
General a report which contains--
(1) a summary of the activities carried out during the
previous year with any grant received by such State or unit of
local government;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(e) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (d).
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $20,000,000 for each of fiscal years
2020 through 2024.
(2) Limitation.--Of the amount made available under
paragraph (1) in any fiscal year, not more than 5 percent may
be used for evaluation, monitoring, technical assistance,
salaries, and administrative expenses.
(g) Definitions.--In this section:
(1) The term ``cybercrimes against individuals'' means the
criminal offenses applicable in the relevant State or unit of
local government that involve the use of a computer to cause
personal harm to an individual, such as the use of a computer
to harass, threaten, stalk, extort, coerce, cause fear,
intimidate, without consent distribute intimate images of, or
violate the privacy of, an individual, except that--
(A) use of a computer need not be an element of
such an offense; and
(B) such term does not include the use of a
computer to cause harm to a commercial entity,
government agency, or any non-natural persons.
(2) The term ``computer'' includes a computer network and
an interactive electronic device.
SEC. 14762. NATIONAL RESOURCE CENTER GRANT.
(a) In General.--Subject to the availability of appropriations, the
Attorney General shall award a grant under this section to an eligible
entity for the purpose of the establishment and maintenance of a
National Resource Center on Cybercrimes Against Individuals to provide
resource information, training, and technical assistance to improve the
capacity of individuals, organizations, governmental entities, and
communities to prevent, enforce, and prosecute cybercrimes against
individuals.
(b) Application.--To request a grant under this section, an
eligible entity shall submit an application to the Attorney General not
later than 90 days after the date on which funds to carry out this
section are appropriated for fiscal year 2020 in such form as the
Attorney General may require. Such application shall include the
following:
(1) An assurance that, for each fiscal year covered by an
application, the applicant shall maintain and report such data,
records, and information (programmatic and financial) as the
Attorney General may reasonably require.
(2) A certification, made in a form acceptable to the
Attorney General, that--
(A) the programs funded by the grant meet all the
requirements of this section;
(B) all the information contained in the
application is correct; and
(C) the applicant will comply with all provisions
of this section and all other applicable Federal laws.
(c) Use of Funds.--The eligible entity awarded a grant under this
section shall use such amounts for the establishment and maintenance of
a National Resource Center on Cybercrimes Against Individuals, which
shall--
(1) offer a comprehensive array of technical assistance and
training resources to Federal, State, and local governmental
agencies, community-based organizations, and other
professionals and interested parties, related to cybercrimes
against individuals, including programs and research related to
victims;
(2) maintain a resource library which shall collect,
prepare, analyze, and disseminate information and statistics
related to--
(A) the incidence of cybercrimes against
individuals;
(B) the enforcement, and prosecution of laws
relating to cybercrimes against individuals; and
(C) the provision of supportive services and
resources for victims of cybercrimes against
individuals; and
(3) conduct research related to--
(A) the causes of cybercrimes against individuals;
(B) the effect of cybercrimes against individuals
on victims of such crimes; and
(C) model solutions to prevent or deter cybercrimes
against individuals or to enforce the laws relating to
cybercrimes against individuals.
(d) Duration of Grant.--
(1) In general.--The grant awarded under this section shall
be awarded for a period of 5 years.
(2) Renewal.--A grant under this section may be renewed for
additional 5-year periods if the Attorney General determines
that the funds made available to the recipient were used in a
manner described in subsection (c), and if the recipient
resubmits an application described in subsection (b) in such
form, and at such time as the Attorney General may reasonably
require.
(e) Subgrants.--The eligible entity awarded a grant under this
section may make subgrants to other nonprofit private organizations
with relevant subject matter expertise in order to establish and
maintain the National Resource Center on Cybercrimes Against
Individuals in accordance with subsection (c).
(f) Report to the Secretary.--On the date that is 1 year after the
date on which an eligible entity receives a grant under this section,
and annually thereafter for the duration of the grant period, the
entity shall submit to the Attorney General a report which contains--
(1) a summary of the activities carried out under the grant
program during the previous year;
(2) an evaluation of the results of such activities; and
(3) such other information as the Attorney General may
reasonably require.
(g) Report to Congress.--Not later than November 1 of each even-
numbered fiscal year, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report that contains a
compilation of the information contained in the report submitted under
subsection (d).
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2020 through 2024.
(i) Definitions.--In this section:
(1) Cybercrimes against individuals.--The term
``cybercrimes against individuals'' has the meaning given such
term in section 1501(g).
(2) Eligible entity.--The term ``eligible entity'' means a
nonprofit private organization that focuses on cybercrimes
against individuals and that--
(A) provides documentation to the Attorney General
demonstrating experience working directly on issues of
cybercrimes against individuals; and
(B) includes on the entity's advisory board
representatives who have a documented history of
working directly on issues of cybercrimes against
individuals and who are geographically and culturally
diverse.
SEC. 14763. NATIONAL STRATEGY, CLASSIFICATION, AND REPORTING ON
CYBERCRIME.
(a) Definitions.--In this section:
(1) Computer.--The term ``computer'' includes a computer
network and any interactive electronic device.
(2) Cybercrime against individuals.--The term ``cybercrime
against individuals'' means a Federal, State, or local criminal
offense that involves the use of a computer to cause personal
harm to an individual, such as the use of a computer to harass,
threaten, stalk, extort, coerce, cause fear, intimidate,
without consent distribute intimate images of, or violate the
privacy of, an individual, except that--
(A) use of a computer need not be an element of the
offense; and
(B) the term does not include the use of a computer
to cause harm to a commercial entity, government
agency, or non-natural person.
(b) National Strategy.--The Attorney General shall develop a
national strategy to--
(1) reduce the incidence of cybercrimes against
individuals;
(2) coordinate investigations of cybercrimes against
individuals by Federal law enforcement agencies; and
(3) increase the number of Federal prosecutions of
cybercrimes against individuals.
(c) Classification of Cybercrimes Against Individuals for Purposes
of Crime Reports.--In accordance with the authority of the Attorney
General under section 534 of title 28, United States Code, the Director
of the Federal Bureau of Investigation shall--
(1) design and create within the Uniform Crime Reports a
category for offenses that constitute cybercrimes against
individuals;
(2) to the extent feasible, within the category established
under paragraph (1), establish subcategories for each type of
cybercrime against individuals that is an offense under Federal
or State law;
(3) classify the category established under paragraph (1)
as a Part I crime in the Uniform Crime Reports; and
(4) classify each type of cybercrime against individuals
that is an offense under Federal or State law as a Group A
offense for the purpose of the National Incident-Based
Reporting System.
(d) Annual Summary.--The Attorney General shall publish an annual
summary of the information reported in the Uniform Crime Reports and
the National Incident-Based Reporting System relating to cybercrimes
against individuals.
TITLE II--HEALTH EQUITY
Subtitle A--Expanded Access to Care
SEC. 20101. STUDY ON THE UNINSURED.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall--
(1) conduct a study, in accordance with the standards under
section 3101 of the Public Health Service Act (42 U.S.C.
300kk), on the demographic characteristics of the population of
individuals who do not have health insurance coverage;
(2) include in such study an analysis of the usage by such
population of emergency room and urgent care facilities; and
(3) predict, based on such study, the demographic
characteristics of the population of individuals who would
remain without health insurance coverage after the end of open
enrollment or any special enrollment period.
(b) Reporting Requirements.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall submit to the
Congress the results of the study under subsection (a) and the
prediction made under subsection (a)(3).
(2) Reporting of demographic characteristics.--The
Secretary shall report the demographic characteristics under
paragraphs (1), (2), and (3) of subsection (a) on the basis of
racial and ethnic group, and shall stratify the reporting on
each racial and ethnic group by other demographic
characteristics that can impact access to health insurance
coverage, such as sexual orientation, gender identity, primary
language, disability status, sex, socioeconomic status, age
group, and citizenship and immigration status, in a manner
consistent with title I of this Act.
SEC. 20102. VOLUNTEER DENTAL PROJECTS AND ACTION FOR DENTAL HEALTH
PROGRAM.
Part B of title III of the Public Health Service Act is revised by
amending section 317M (42 U.S.C. 247b-14) as follows:
(1) by redesignating subsections (e) and (f) as (g) and
(h), respectively;
(2) by inserting after subsection (d), the following:
``(e) Grants To Support Volunteer Dental Projects.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants to or enter into contracts with eligible entities
to obtain portable or mobile dental equipment, and pay for
appropriate operational costs, for the provision of free dental
services to underserved populations that are delivered in a
manner consistent with State licensing laws.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' includes a State or local dental association,
a State oral health program, a dental education, dental hygiene
education, or postdoctoral dental education program accredited
by the Commission on Dental Accreditation, and a community-
based organization that partners with an academic institution,
that--
``(A) is exempt from tax under section 501(c) of
the Internal Revenue Code of 1986; and
``(B) offers a free dental services program for
underserved populations.
``(f) Action for Dental Health Program.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
award grants to or enter into contracts with eligible entities
to collaborate with State, county, or local public officials
and other stakeholders to develop and implement initiatives to
accomplish any of the following goals:
``(A) To improve oral health education and dental
disease prevention, including community-wide prevention
programs, use of dental sealants and fluoride varnish,
and increasing oral health literacy.
``(B) To make the health care delivery system
providing dental services more accessible and efficient
through the development and expansion of outreach
programs that will facilitate the establishment of
dental homes for children and adults, including the
aged, blind, and disabled populations.
``(C) To reduce geographic, language, cultural, and
similar barriers in the provision of dental services.
``(D) To help reduce the use of emergency
departments by those who seek dental services more
appropriately delivered in a dental primary care
setting.
``(E) To facilitate the provision of dental care to
nursing home residents who are disproportionately
affected by lack of care.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' includes a State or local dental association,
a State oral health program, or a dental education, dental
hygiene, or postdoctoral dental education program accredited by
the Commission on Dental Accreditation, and a community-based
organization that partners with an academic institution, that--
``(A) is exempt from tax under section 501(c) of
the Internal Revenue Code of 1986; and
``(B) partners with public and private stakeholders
to facilitate the provision of dental services for
underserved populations.''; and
(3) in subsection (h), as redesignated by paragraph (1), by
striking ``fiscal years 2001 through 2005'' and inserting
``fiscal years 2016 through 2020''.
SEC. 20103. CRITICAL ACCESS HOSPITAL IMPROVEMENTS.
(a) Elimination of Isolation Test for Cost-Based Ambulance
Reimbursement.--
(1) In general.--Section 1834(l)(8) of the Social Security
Act (42 U.S.C. 1395m(l)(8)) is amended--
(A) in subparagraph (B)--
(i) by striking ``owned and''; and
(ii) by inserting ``(including when such
services are provided by the entity under an
arrangement with the hospital)'' after
``hospital''; and
(B) by striking the comma at the end of
subparagraph (B) and all that follows and inserting a
period.
(2) Effective date.--The amendments made by this subsection
shall apply to services furnished on or after January 1, 2018.
(b) Provision of a More Flexible Alternative to the CAH Designation
25 Inpatient Bed Limit Requirement.--
(1) In general.--Section 1820(c)(2) of the Social Security
Act (42 U.S.C. 1395i-4(c)(2)) is amended--
(A) in subparagraph (B)(iii), by striking
``provides not more than'' and inserting ``subject to
subparagraph (F), provides not more than''; and
(B) by adding at the end the following new
subparagraph:
``(F) Alternative to 25 inpatient bed limit
requirement.--
``(i) In general.--A State may elect to
treat a facility, with respect to the
designation of the facility for a cost-
reporting period, as satisfying the requirement
of subparagraph (B)(iii) relating to a maximum
number of acute care inpatient beds if the
facility elects, in accordance with a method
specified by the Secretary and before the
beginning of the cost reporting period, to meet
the requirement under clause (ii).
``(ii) Alternate requirement.--The
requirement under this clause, with respect to
a facility and a cost-reporting period, is that
the total number of inpatient bed days
described in subparagraph (B)(iii) during such
period will not exceed 7,300. For purposes of
this subparagraph, an individual who is an
inpatient in a bed in the facility for a single
day shall be counted as one inpatient bed day.
``(iii) Withdrawal of election.--The option
described in clause (i) shall not apply to a
facility for a cost-reporting period if the
facility (for any two consecutive cost-
reporting periods during the previous 5 cost-
reporting periods) was treated under such
option and had a total number of inpatient bed
days for each of such two cost-reporting
periods that exceeded the number specified in
such clause.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to cost-reporting periods beginning on or after the
date of the enactment of this Act.
SEC. 20104. COMMUNITY HEALTH CENTER COLLABORATIVE ACCESS EXPANSION.
Section 330 of the Public Health Service Act (42 U.S.C. 254b) is
amended by adding at the end the following:
``(t) Miscellaneous Provisions.--
``(1) Rule of construction with respect to rural health
clinics.--Nothing in this section shall be construed to prevent
a community health center from contracting with a federally
certified rural health clinic (as defined by section
1861(aa)(2) of the Social Security Act) for the delivery of
primary health care and other mental, dental, and physical
health services that are available at the rural health clinic
to individuals who would otherwise be eligible for free or
reduced cost care if that individual were able to obtain that
care at the community health center. Such services may be
limited in scope to those primary health care and other mental,
dental, and physical health services available in that rural
health clinic.
``(2) Enabling services.--To the extent possible, enabling
services such as transportation and translation assistance
shall be provided by rural health clinics described in
paragraph (1).
``(3) Assurances.--In order for a rural health clinic to
receive funds under this section through a contract with a
community health center for the delivery of primary health care
and other services described in paragraph (1), such rural
health clinic shall establish policies to ensure--
``(A) nondiscrimination based upon the ability of a
patient to pay;
``(B) the establishment of a sliding fee scale for
low-income patients; and
``(C) any such services should be subject to full
reimbursement according to the Prospective Payment
System scale.''.
Subtitle B--Mental Health Needs
SEC. 20201. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND NATIONAL
SIGNIFICANCE.
(a) Reauthorization.--Section 520A of the Public Health Service Act
(42 U.S.C. 290bb-32) is amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by amending subsection (h), as redesignated, to read as
follows:
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $394,550,000 for each of fiscal years
2022 through 2028.
``(2) Allocations.--Of the amounts authorized by paragraph
(1) to be appropriated for each of fiscal years 2022 through
2028--
``(A) $194,500,000 shall be for carrying out
subsection (f) (relating to the Resiliency in
Communities After Stress and Trauma Program); and
``(B) $189,500,000 shall be for carrying out
subsection (g) (relating to Project AWARE).''.
(b) Resiliency in Communities After Stress and Trauma Program.--
Section 520A of the Public Health Service Act (42 U.S.C. 290bb-32), as
amended by subsection (a), is further amended by inserting after
subsection (e) the following subsection:
``(f) Resiliency in Communities After Stress and Trauma Program.--
``(1) In general.--The Secretary shall maintain the
Resiliency in Communities After Stress and Trauma Program of
the Substance Abuse and Mental Health Services Administration,
to be known at the ReCAST Program.
``(2) Grants.--In carrying out the ReCAST Program, the
Secretary shall award grants to State and local health agencies
to assist high-risk youth and families and promote resilience
and equity in communities that have recently faced civil unrest
through--
``(A) implementation of evidence-based violence
prevention and community youth engagement programs; and
``(B) linkages to trauma-informed behavioral health
services.
``(3) Definition.--In this subsection, the term `civil
unrest'--
``(A) means demonstrations of mass protest and
mobilization, civil disobedience, and disruption
through violence, often connected with law enforcement
issues; and
``(B) includes such demonstrations in communities
that have been affected by a high incidence of gun
violence not caused by law enforcement.''.
(c) Project AWARE.--Section 520A of the Public Health Service Act
(42 U.S.C. 290bb-32), as amended by subsection (b), is further amended
by inserting after subsection (f) the following subsection:
``(g) Project AWARE.--
``(1) In general.--The Secretary shall maintain the Project
Advancing Wellness and Resiliency in Education program of the
Substance Abuse and Mental Health Services Administration, to
be known as Project AWARE.
``(2) Grants.--In carrying out Project AWARE, the Secretary
shall make grants to State educational agencies to build or
expand the capacity of such agencies, in partnership with State
mental health agencies overseeing school-aged youth and local
education agencies--
``(A) to increase awareness of mental health issues
among school-aged youth;
``(B) to provide training for school personnel and
other adults who interact with school-aged youth to
detect and respond to mental health issues; and
``(C) to connect school-aged youth, who may have
behavioral health issues (including serious emotional
disturbance or serious mental illness), and their
families to needed services.
``(3) Definition.--In this subsection, the term `State
educational agency' means--
``(A) a State educational agency as defined in
section 8101 of the Elementary and Secondary Education
Act of 1965; or
``(B) an education agency or authority of an Indian
tribe or tribal organization (as such terms are defined
in section 4 of the Indian Self-Determination and
Education Assistance Act).''.
SEC. 20202. ANNUAL REPORT ON ADVERSE CHILDHOOD EXPERIENCES OF CERTAIN
CHILDREN IN COMMUNITIES FACING CIVIL UNREST.
(a) In General.--Not later than the end of fiscal year 2022, and
annually thereafter, the Secretary of Health and Human Services shall
submit a report to the Congress on the adverse childhood experiences of
children who are exposed to traumatic experiences in communities that
have recently faced civil unrest.
(b) Definition.--In this subsection, the term ``civil unrest''--
(1) means demonstrations of mass protest and mobilization,
civil disobedience, and disruption through violence, often
connected with law enforcement issues; and
(2) includes such demonstrations in communities that have
been affected by a high incidence of gun violence not caused by
law enforcement.
Subtitle C--Pursuing Equity in Mental Health Act
SEC. 20401. SHORT TITLE.
This subtitle may be cited as the ``Pursuing Equity in Mental
Health Act of 2020''.
PART 1--MENTAL HEALTH OF STUDENTS
SEC. 20411. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
(a) Technical Amendments.--The second part G (relating to services
provided through religious organizations) of title V of the Public
Health Service Act (42 U.S.C. 290kk et seq.) is amended--
(1) by redesignating such part as part J; and
(2) by redesignating sections 581 through 584 as sections
596 through 596C, respectively.
(b) School-Based Mental Health and Children.--Section 581 of the
Public Health Service Act (42 U.S.C. 290hh) (relating to children and
violence) is amended to read as follows:
``SEC. 581. SCHOOL-BASED MENTAL HEALTH; CHILDREN AND ADOLESCENTS.
``(a) In General.--The Secretary, in collaboration with the
Secretary of Education, shall, directly or through grants, contracts,
or cooperative agreements awarded to eligible entities described in
subsection (c), assist local communities and schools (including schools
funded by the Bureau of Indian Education) in applying a public health
approach to mental health services both in schools and in the
community. Such approach shall provide comprehensive developmentally
appropriate services and supports that are linguistically and
culturally appropriate and trauma-informed, and incorporate
developmentally appropriate strategies of positive behavioral
interventions and supports. A comprehensive school-based mental health
program funded under this section shall assist children in dealing with
traumatic experiences, grief, bereavement, risk of suicide, and
violence.
``(b) Activities.--Under the program under subsection (a), the
Secretary may--
``(1) provide financial support to enable local communities
to implement a comprehensive culturally and linguistically
appropriate, trauma-informed, and developmentally appropriate,
school-based mental health program that--
``(A) builds awareness of individual trauma and the
intergenerational, continuum of impacts of trauma on
populations;
``(B) trains appropriate staff to identify, and
screen for, signs of trauma exposure, mental health
disorders, or risk of suicide; and
``(C) incorporates positive behavioral
interventions, family engagement, student treatment,
and multigenerational supports to foster the health and
development of children, prevent mental health
disorders, and ameliorate the impact of trauma;
``(2) provide technical assistance to local communities
with respect to the development of programs described in
paragraph (1);
``(3) provide assistance to local communities in the
development of policies to address child and adolescent trauma
and mental health issues and violence when and if it occurs;
``(4) facilitate community partnerships among families,
students, law enforcement agencies, education agencies, mental
health and substance use disorder service systems, family-based
mental health service systems, child welfare agencies, health
care providers (including primary care physicians, mental
health professionals, and other professionals who specialize in
children's mental health such as child and adolescent
psychiatrists), institutions of higher education, faith-based
programs, trauma networks, and other community-based systems;
and
``(5) establish mechanisms for children and adolescents to
report incidents of violence or plans by other children,
adolescents, or adults to commit violence.
``(c) Requirements.--
``(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a), an entity shall--
``(A) be a partnership that includes--
``(i) a State educational agency, as
defined in section 8101 of the Elementary and
Secondary Education Act of 1965, in
coordination with one or more local educational
agencies, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965,
or a consortium of any entities described in
subparagraph (B), (C), (D), or (E) of section
8101(30) of such Act; and
``(ii) in accordance with paragraph
(2)(A)(i), appropriate public or private
entities that employ interventions that are
evidence-based, as defined in section 8101 of
the Elementary and Secondary Education Act of
1965; and
``(B) submit an application, that is endorsed by
all members of the partnership, that--
``(i) specifies which member will serve as
the lead partner; and
``(ii) contains the assurances described in
paragraph (2).
``(2) Required assurances.--An application under paragraph
(1) shall contain assurances as follows:
``(A) The eligible entity will ensure that, in
carrying out activities under this section, the
eligible entity will enter into a memorandum of
understanding--
``(i) with at least 1 community-based
mental health provider, including a public or
private mental health entity, health care
entity, family-based mental health entity,
trauma network, or other community-based
entity, as determined by the Secretary (and
which may include additional entities such as a
human services agency, law enforcement or
juvenile justice entity, child welfare agency,
agency, an institution of higher education, or
another entity, as determined by the
Secretary); and
``(ii) that clearly states--
``(I) the responsibilities of each
partner with respect to the activities
to be carried out, including how family
engagement will be incorporated in the
activities;
``(II) how school-employed and
school-based or community-based mental
health professionals will be utilized
for carrying out such responsibilities;
``(III) how each such partner will
be accountable for carrying out such
responsibilities; and
``(IV) the amount of non-Federal
funding or in-kind contributions that
each such partner will contribute in
order to sustain the program.
``(B) The comprehensive school-based mental health
program carried out under this section supports the
flexible use of funds to address--
``(i) universal prevention, through the
promotion of the social, emotional, mental, and
behavioral health of all students in an
environment that is conducive to learning;
``(ii) selective prevention, through the
reduction in the likelihood of at risk students
developing social, emotional, mental,
behavioral health problems, suicide, or
substance use disorders;
``(iii) the screening for, and early
identification of, social, emotional, mental,
behavioral problems, suicide risk, or substance
use disorders and the provision of early
intervention services;
``(iv) the treatment or referral for
treatment of students with existing social,
emotional, mental, behavioral health problems,
or substance use disorders;
``(v) the development and implementation of
evidence-based programs to assist children who
are experiencing or have been exposed to trauma
and violence, including program curricula,
school supports, and after-school programs; and
``(vi) the development and implementation
of evidence-based programs to assist children
who are grieving, which may include training
for school personnel on the impact of trauma
and bereavement on children, and services to
provide support to grieving children.
``(C) The comprehensive school-based mental health
program carried out under this section will provide for
in-service training of all school personnel, including
ancillary staff and volunteers, in--
``(i) the techniques and supports needed to
promote early identification of children with
trauma histories, children who are grieving,
and children with a mental health disorder or
at risk of developing a mental health disorder,
or who are at risk of suicide;
``(ii) the use of referral mechanisms that
effectively link such children to appropriate
prevention, treatment, and intervention
services in the school and in the community and
to follow-up when services are not available;
``(iii) strategies that promote a school-
wide positive environment, including strategies
to prevent bullying, which includes cyber-
bullying;
``(iv) strategies for promoting the social,
emotional, mental, and behavioral health of all
students; and
``(v) strategies to increase the knowledge
and skills of school and community leaders
about the impact of trauma and violence and on
the application of a public health approach to
comprehensive school-based mental health
programs.
``(D) The comprehensive school-based mental health
program carried out under this section will include
comprehensive training for parents or guardians,
siblings, and other family members of children with
mental health disorders, and for concerned members of
the community in--
``(i) the techniques and supports needed to
promote early identification of children with
trauma histories, children who are grieving,
children with a mental health disorder or at
risk of developing a mental health disorder,
and children who are at risk of suicide;
``(ii) the use of referral mechanisms that
effectively link such children to appropriate
prevention, treatment, and intervention
services in the school and in the community and
follow-up when such services are not available;
and
``(iii) strategies that promote a school-
wide positive environment, including strategies
to prevent bullying, including cyber-bullying.
``(E) The comprehensive school-based mental health
program carried out under this section will demonstrate
the measures to be taken to sustain the program (which
may include seeking funding for the program under a
State Medicaid plan under title XIX of the Social
Security Act or a waiver of such a plan, or under a
State plan under subpart 1 of part B or part E of title
IV of the Social Security Act).
``(F) The eligible entity is supported by the State
agency with primary responsibility for behavioral
health to ensure that the comprehensive school-based
mental health program carried out under this section
will be sustainable after funding under this section
terminates.
``(G) The comprehensive school-based mental health
program carried out under this section will be
coordinated with early intervening activities carried
out under the Individuals with Disabilities Education
Act or activities funded under part A of title IV of
the Elementary and Secondary Education Act of 1965.
``(H) The comprehensive school-based mental health
program carried out under this section will be trauma-
informed, evidence-based, and developmentally,
culturally, and linguistically appropriate.
``(I) The comprehensive school-based mental health
program carried out under this section will include a
broad needs assessment of youth who drop out of school
due to policies of `zero tolerance' with respect to
drugs, alcohol, or weapons and an inability to obtain
appropriate services.
``(J) The mental health services provided through
the comprehensive school-based mental health program
carried out under this section will be provided by
qualified mental and behavioral health professionals
who are certified, credentialed, or licensed in
compliance with applicable Federal and State law and
regulations by the State involved and who are
practicing within their area of expertise.
``(K) Students will be permitted to self-refer to
the mental health program for mental health care and
self-consent for mental health crisis care to the
extent permitted by State or other applicable law.
``(3) Coordinator.--Any entity that is a member of a
partnership described in paragraph (1)(A) may serve as the
coordinator of funding and activities under the grant if all
members of the partnership agree.
``(4) Compliance with hipaa.--A grantee under this section
shall be deemed to be a covered entity for purposes of
compliance with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 with respect to any patient records developed
through activities under the grant.
``(5) Compliance with ferpa.--Section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') shall apply to any
entity that is a member of the partnership in the same manner
that such section applies to an educational agency or
institution (as that term is defined in such section).
``(d) Priority for Schools With High Poverty Levels.--In awarding
grants, contracts, and cooperative agreements under this section, the
Secretary shall give highest priority to eligible entities that are
partnerships including one or more public elementary or secondary
schools in which 50.1 percent or more of the students are eligible for
a free or reduced price lunch under the Richard B. Russell National
School Lunch Act.
``(e) Geographical Distribution.--The Secretary shall ensure that
grants, contracts, or cooperative agreements under subsection (a) will
be distributed equitably among the regions of the country and among
urban and rural areas.
``(f) Duration of Awards.--With respect to a grant, contract, or
cooperative agreement under subsection (a), the period during which
payments under such an award will be made to the recipient shall be 5
years, with options for renewal.
``(g) Evaluation and Measures of Outcomes.--
``(1) Development of process.--The Assistant Secretary
shall develop a fiscally appropriate process for evaluating
activities carried out under this section. Such process shall
include--
``(A) the development of guidelines for the
submission of program data by grant, contract, or
cooperative agreement recipients;
``(B) the development of measures of outcomes (in
accordance with paragraph (2)) to be applied by such
recipients in evaluating programs carried out under
this section; and
``(C) the submission of annual reports by such
recipients concerning the effectiveness of programs
carried out under this section.
``(2) Measures of outcomes.--
``(A) In general.--The Assistant Secretary shall
develop measures of outcomes to be applied by
recipients of assistance under this section, and the
Assistant Secretary, in evaluating the effectiveness of
programs carried out under this section. Such measures
shall include student and family measures as provided
for in subparagraph (B) and local educational measures
as provided for under subparagraph (C).
``(B) Student and family measures of outcomes.--The
measures for outcomes developed under paragraph (1)(B)
relating to students and families shall, with respect
to activities carried out under a program under this
section, at a minimum include provisions to evaluate
whether the program is effective in--
``(i) increasing social and emotional
competency;
``(ii) improving academic outcomes,
including as measured by proficiency on the
annual assessments under section 1111(b)(2) of
the Elementary and Secondary Education Act of
1965;
``(iii) reducing disruptive and aggressive
behaviors;
``(iv) improving child functioning;
``(v) reducing substance use disorders;
``(vi) reducing rates of suicide;
``(vii) reducing suspensions, truancy,
expulsions, and violence;
``(viii) increasing high school graduation
rates, calculated using the four-year adjusted
cohort graduation rate or the extended-year
adjusted cohort graduation rate (as such terms
are defined in section 8101 of the Elementary
and Secondary Education Act of 1965);
``(ix) improving attendance rates and rates
of chronic absenteeism;
``(x) improving access to care for mental
health disorders, including access to mental
health services that are trauma-informed, and
developmentally, linguistically, and culturally
appropriate;
``(xi) improving health outcomes; and
``(xii) decreasing disparities among
vulnerable and protected populations in
outcomes described in clauses (i) through
(viii).
``(C) Local educational outcomes.--The outcome
measures developed under paragraph (1)(B) relating to
local educational systems shall, with respect to
activities carried out under a program under this
section, at a minimum include provisions to evaluate--
``(i) the effectiveness of comprehensive
school mental health programs established under
this section;
``(ii) the effectiveness of formal
partnership linkages among child and family
serving institutions, community support
systems, and the educational system;
``(iii) the progress made in sustaining the
program once funding under the grant has
expired;
``(iv) the effectiveness of training and
professional development programs for all
school personnel that incorporate indicators
that measure cultural and linguistic
competencies under the program in a manner that
incorporates appropriate cultural and
linguistic training;
``(v) the improvement in perception of a
safe and supportive learning environment among
school staff, students, and parents;
``(vi) the improvement in case-finding of
students in need of more intensive services and
referral of identified students to prevention,
early intervention, and clinical services;
``(vii) the improvement in the immediate
availability of clinical assessment and
treatment services within the context of the
local community to students posing a danger to
themselves or others;
``(viii) the increased successful
matriculation to postsecondary school;
``(ix) reduced suicide rates;
``(x) reduced referrals to juvenile
justice; and
``(xi) increased educational equity.
``(3) Submission of annual data.--An eligible entity
described in subsection (c) that receives a grant, contract, or
cooperative agreement under this section shall annually submit
to the Assistant Secretary a report that includes data to
evaluate the success of the program carried out by the entity
based on whether such program is achieving the purposes of the
program. Such reports shall utilize the measures of outcomes
under paragraph (2) in a reasonable manner to demonstrate the
progress of the program in achieving such purposes.
``(4) Evaluation by assistant secretary.--Based on the data
submitted under paragraph (3), the Assistant Secretary shall
annually submit to Congress a report concerning the results and
effectiveness of the programs carried out with assistance
received under this section.
``(5) Limitation.--An eligible entity shall use not more
than 20 percent of amounts received under a grant under this
section to carry out evaluation activities under this
subsection.
``(h) Information and Education.--The Secretary shall establish
comprehensive information and education programs to disseminate the
findings of the knowledge development and application under this
section to the general public and to health care professionals.
``(i) Amount of Grants and Authorization of Appropriations.--
``(1) Amount of grants.--A grant under this section shall
be in an amount that is not more than $2,000,000 for each of
the first 5 fiscal years following the date of enactment of the
Pursuing Equity in Mental Health Act of 2020. The Secretary
shall determine the amount of each such grant based on the
population of children up to age 21 of the area to be served
under the grant.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, $250,000,000 for
each of the first 5 fiscal years following the date of
enactment of the Pursuing Equity in Mental Health Act of
2020.''.
(c) Conforming Amendment.--Part G of title V of the Public Health
Service Act (42 U.S.C. 290hh et seq.), as amended by subsection (b), is
further amended by striking the part designation and heading and
inserting the following:
``PART G--SCHOOL-BASED MENTAL HEALTH''.
PART 2--HEALTH EQUITY AND ACCOUNTABILITY
SEC. 20415. INTEGRATED HEALTH CARE DEMONSTRATION PROGRAM.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.) is amended by adding at the end the following:
``SEC. 550. INTERPROFESSIONAL HEALTH CARE TEAMS FOR PROVISION OF
BEHAVIORAL HEALTH CARE IN PRIMARY CARE SETTINGS.
``(a) Grants.--The Secretary, acting through the Assistant
Secretary for Mental Health and Substance Abuse, shall award grants to
eligible entities for the purpose of establishing interprofessional
health care teams that provide behavioral health care.
``(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a Federally qualified health center
(as defined in section 1861(aa) of the Social Security Act), rural
health clinic, or behavioral health program, serving a high proportion
of individuals from racial and ethnic minority groups (as defined in
section 1707(g)).
``(c) Scientifically Based.--Integrated health care funded through
this section shall be scientifically based, taking into consideration
the results of the most recent peer-reviewed research available.
``(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $20,000,000 for each of the
first 5 fiscal years following the date of enactment of the Pursuing
Equity in Mental Health Act of 2020.''.
SEC. 20416. ADDRESSING RACIAL AND ETHNIC MINORITY MENTAL HEALTH
DISPARITIES RESEARCH GAPS.
Not later than 6 months after the date of the enactment of this
Act, the Director of the National Institute on Minority Health and
Health Disparities shall enter into an arrangement with the National
Academy of Sciences (or, if the National Academy of Sciences declines
to enter into such an arrangement, an arrangement with the Institute of
Medicine, the Patient Centered Outcomes Research Institute, the Agency
for Healthcare Quality, or another appropriate entity)--
(1) to conduct a study with respect to mental health
disparities in racial and ethnic minority groups (as defined in
section 1707(g) of the Public Health Service Act (42 U.S.C.
300u-6(g))); and
(2) to submit to the Congress a report on the results of
such study, including--
(A) a compilation of information on the dynamics of
mental disorders in such racial and ethnic minority
groups; and
(B) a compilation of information on the impact of
exposure to community violence, adverse childhood
experiences, and other psychological traumas on mental
disorders in such racial and minority groups.
SEC. 20417. HEALTH PROFESSIONS COMPETENCIES TO ADDRESS RACIAL AND
ETHNIC MINORITY MENTAL HEALTH DISPARITIES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use,
shall award grants to qualified national organizations for the purposes
of--
(1) developing, and disseminating to health professional
educational programs curricula or core competencies addressing
mental health disparities among racial and ethnic minority
groups for use in the training of students in the professions
of social work, psychology, psychiatry, marriage and family
therapy, mental health counseling, and substance abuse
counseling; and
(2) certifying community health workers and peer wellness
specialists with respect to such curricula and core
competencies and integrating and expanding the use of such
workers and specialists into health care to address mental
health disparities among racial and ethnic minority groups.
(b) Curricula; Core Competencies.--Organizations receiving funds
under subsection (a) may use the funds to engage in the following
activities related to the development and dissemination of curricula or
core competencies described in subsection (a)(1):
(1) Formation of committees or working groups comprised of
experts from accredited health professions schools to identify
core competencies relating to mental health disparities among
racial and ethnic minority groups.
(2) Planning of workshops in national fora to allow for
public input into the educational needs associated with mental
health disparities among racial and ethnic minority groups.
(3) Dissemination and promotion of the use of curricula or
core competencies in undergraduate and graduate health
professions training programs nationwide.
(4) Establishing external stakeholder advisory boards to
provide meaningful input into policy and program development
and best practices to reduce mental health disparities among
racial and ethnic minority groups.
(c) Definitions.--In this section:
(1) Qualified national organization.--The term ``qualified
national organization'' means a national organization that
focuses on the education of students in programs of social
work, psychology, psychiatry, and marriage and family therapy.
(2) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given to such term
in section 1707(g) of the Public Health Service Act (42 U.S.C.
300u-6(g)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the first 5 fiscal years following the date of enactment of
this Act.
SEC. 20418. RACIAL AND ETHNIC MINORITY BEHAVIORAL AND MENTAL HEALTH
OUTREACH AND EDUCATION STRATEGY.
Part D of title V of the Public Health Service Act (42 U.S.C. 290dd
et seq.) is amended by adding at the end the following new section:
``SEC. 553. BEHAVIORAL AND MENTAL HEALTH OUTREACH AND EDUCATION
STRATEGY.
``(a) In General.--The Secretary, acting through the Assistant
Secretary, shall, in coordination with advocacy and behavioral and
mental health organizations serving racial and ethnic minority groups,
develop and implement an outreach and education strategy to promote
behavioral and mental health and reduce stigma associated with mental
health conditions and substance abuse among racial and ethnic minority
groups. Such strategy shall--
``(1) be designed to--
``(A) meet the diverse cultural and language needs
of the various racial and ethnic minority groups; and
``(B) be developmentally and age-appropriate;
``(2) increase awareness of symptoms of mental illnesses
common among such groups, taking into account differences
within subgroups, such as gender, gender identity, age, or
sexual orientation, of such groups;
``(3) provide information on evidence-based, culturally and
linguistically appropriate and adapted interventions and
treatments;
``(4) ensure full participation of, and engage, both
consumers and community members in the development and
implementation of materials; and
``(5) seek to broaden the perspective among both
individuals in these groups and stakeholders serving these
groups to use a comprehensive public health approach to
promoting behavioral health that addresses a holistic view of
health by focusing on the intersection between behavioral and
physical health.
``(b) Reports.--Beginning not later than 1 year after the date of
the enactment of this section and annually thereafter, the Secretary,
acting through the Assistant Secretary, shall submit to Congress, and
make publicly available, a report on the extent to which the strategy
developed and implemented under subsection (a) increased behavioral and
mental health outcomes associated with mental health conditions and
substance abuse among racial and ethnic minority groups.
``(c) Definition.--In this section, the term `racial and ethnic
minority group' has the meaning given to that term in section 1707(g).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for the first fiscal
year following the date of enactment of the Pursuing Equity in Mental
Health Act of 2020.''.
SEC. 20419. ADDITIONAL FUNDS FOR NATIONAL INSTITUTES OF HEALTH.
(a) In General.--In addition to amounts otherwise authorized to be
appropriated to the National Institutes of Health, there is authorized
to be appropriated to such Institutes $100,000,000 for each of the
first 5 fiscal years following the date of enactment of this Act to
build relations with communities and conduct or support clinical
research, including clinical research on racial or ethnic disparities
in physical and mental health.
(b) Definition.--In this section, the term ``clinical research''
has the meaning given to such term in section 409 of the Public Health
Service Act (42 U.S.C. 284d).
SEC. 20420. ADDITIONAL FUNDS FOR NATIONAL INSTITUTE ON MINORITY HEALTH
AND HEALTH DISPARITIES.
In addition to amounts otherwise authorized to be appropriated to
the National Institute on Minority Health and Health Disparities, there
is authorized to be appropriated to such Institute $650,000,000 for
each of the first 5 fiscal years following the date of enactment of
this Act.
PART 3--OTHER PROVISIONS
SEC. 20421. REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.
Section 597(c) of the Public Health Service Act (42 U.S.C.
297ll(c)) is amended by striking ``$12,669,000 for each of fiscal years
2018 through 2022'' and inserting ``$25,000,000 for each of the first 5
fiscal years following the date of enactment of the Pursuing Equity in
Mental Health Act of 2020''.
SEC. 20422. COMMISSION ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA
USE ON ADOLESCENTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall
establish a commission, to be known as the Commission on the Effects of
Smartphone and Social Media Usage on Adolescents, to examine--
(1) the extent of smartphone and social media use in
schools; and
(2) the effects of such use on--
(A) the emotional and physical health of students;
and
(B) the academic performance of students.
(b) Membership.--
(1) Number.--The Commission shall consist of 15 members
appointed by the Secretary.
(2) Composition.--The members of the Commission--
(A) shall not include any government officials or
employees; and
(B) shall include representatives of academia,
technology companies, and advocacy groups.
(c) Guidelines.--The Secretary shall authorize the Commission to
establish guidelines for its operation.
(d) Report.--Not later than 1 year after its establishment, the
Commission shall submit to the Congress, and make publicly available, a
report on the findings and conclusions of the Commission.
(e) Definitions.--In this section:
(1) The term ``Commission'' means the Commission on the
Effects of Smartphone and Social Media Usage on Adolescents
established under subsection (a).
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(f) Sunset.--Not later than 6 months after the Commission submits
the report required by subsection (c), the Secretary shall terminate
the Commission.
SEC. 20423. NO FEDERAL FUNDS FOR CONVERSION THERAPY.
(a) In General.--No Federal funds may be used for conversion
therapy.
(b) Discouraging States From Funding Conversion Therapy.--Beginning
on the date that is 180 days after the date of enactment of this Act,
any State that funds conversion therapy shall be ineligible to be
awarded a grant or other financial assistance under any program of the
Substance Abuse and Mental Health Services Administration, including
any program under title V of the Public Health Service Act (42 U.S.C.
290aa et seq.).
(c) Definitions.--For purposes of this section:
(1) Conversion therapy.--The term ``conversion therapy''--
(A) means any practice or treatment by any person
that seeks to change another individual's sexual
orientation or gender identity, including efforts to
change behaviors or gender expressions, or to eliminate
or reduce sexual or romantic attractions or feelings
toward individuals of the same gender, if such person
receives monetary compensation in exchange for any such
practice or treatment; and
(B) does not include any practice or treatment,
which does not seek to change sexual orientation or
gender identity, that--
(i) provides assistance to an individual
undergoing a gender transition; or
(ii) provides acceptance, support, and
understanding of a client or facilitation of a
client's coping, social support, and identity
exploration and development, including sexual
orientation-neutral interventions to prevent or
address unlawful conduct or unsafe sexual
practices.
(2) Gender identity.--The term ``gender identity'' means
the gender-related identity, appearance, mannerisms, or other
gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.
(3) Person.--The term ``person'' means any individual,
partnership, corporation, cooperative, association, or any
other entity.
(4) Sexual orientation.--The term ``sexual orientation''
means homosexuality, heterosexuality, or bisexuality.
(5) State.--The term ``State'' has the meaning given to
such term in section 2 of the Public Health Service Act (42
U.S.C. 201).
Subtitle D--PrEP Assistance Program
SEC. 20501. SHORT TITLE.
This subtitle may be cited as the ``PrEP Assistance Program Act''.
SEC. 20502. PRE-EXPOSURE PROPHYLAXIS PROGRAM GRANT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services (in this
subtitle referred to as the ``Secretary'') shall establish a program
that provides grants to States, Territories of the United States, and
Indian tribes for the establishment and support of pre-exposure
prophylaxis (in this subtitle referred to as ``PrEP'') programs.
(b) Applications.--To be eligible to receive a grant under
subsection (a), a State, Territory of the United States, or Indian
tribe 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 how any funds awarded will be used.
(c) Amount.--Any grant provided to a State, Territory of the United
States, or Indian tribe under this section may not exceed $5,000,000.
(d) Use of Funds.--Any State, Territory of the United States, or
Indian tribe that is awarded funds under subsection (a) shall use such
funds for eligible PrEP expenses.
(e) Eligible PrEP Expenses.--
(1) In general.--The Secretary shall publish a list of
expenses that qualify as eligible PrEP expenses.
(2) Inclusions.--Such list shall include--
(A) clinic and laboratory fees;
(B) PrEP medication;
(C) sexually transmitted disease testing in
accordance with guidelines issued by the Centers for
Disease Control and Prevention;
(D) treatment adherence counseling;
(E) outreach activities directed toward high-risk
populations that increase awareness about the existence
of PrEP and provide education about access to and
health care coverage of PrEP; and
(F) outreach activities directed toward physicians
that provide education about PrEP.
(f) Matching.--Any State, Territory of the United States, or Indian
tribe that receives a grant under subsection (a) must contribute, to
the programs established or supported by the grant, an amount equal to
not less than 20 percent of the amount of the grant.
(g) Report to Congress.--The Secretary shall, in each of the first
five years beginning one year after the date of the enactment of this
Act, submit to Congress, and make public on the Internet website of the
Department of Health and Human Services, a report on the impact of any
grants provided to States, Territories of the United States, and Indian
tribes for the establishment and support of pre-exposure prophylaxis
programs under this subtitle.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subtitle $50,000,000 for each of the
first five fiscal years beginning after the date of the enactment of
this Act.
Subtitle E--Environmental Justice and Environmental Justice Advocates
SEC. 20601. FINDINGS.
Congress finds that--
(1) environmental injustice exists whenever governmental
action or inaction causes environmental risks or harms to fall
unfairly and disproportionately upon a particular group or
community;
(2) racial minority, low-income, rural, indigenous, and
other often-marginalized communities are especially likely to
face environmental injustice;
(3) limited resources and lack of political power ensure
that marginalized communities host pollution-producing or
potentially toxic facilities, including power plants,
pipelines, industrial sites, garbage transfer stations,
incinerators, landfills, and sewage treatment plants, at
disproportionate rates;
(4) marginalized communities suffer from systemic
governmental failures to adequately invest in the kind of
infrastructure and services that reduce the risk of
environmental accidents or disasters, and that facilitate
swift, effective responses to such occurrences;
(5) the presence of pollution-producing sites can
compromise public health, safety, property values, and quality
of life even if no accident or disaster occurs;
(6) air and water quality are often especially poor in
marginalized communities, and governmental permitting and
investment decisions directly contribute to this inequity;
(7) scientific evidence increasingly links poor
environmental quality with disabilities and chronic illnesses,
including cancer, asthma, neurobehavioral disorders, learning
disabilities, and abnormal hormone functioning;
(8) environmental justice exists when public policies
successfully prevent or correct unfair disparities in
environmental quality, and resultant disparities in public
health and quality of life;
(9) environmental justice is possible only if vulnerable
groups and marginalized communities can express their needs and
concerns, and only then if policymakers listen;
(10) the environmental justice movement seeks to address
the unjust social, economic, and political marginalization of
minority, low-income, rural, and indigenous communities;
(11) environmental justice advocates seek healthy home,
work, and recreational environments for all human beings, and
healthy habitats for non-human life;
(12) community health depends in part upon factors like
adequate transit options, walkable neighborhoods, and other
public goods that marginalized communities are often denied;
(13) environmental justice requires responsible and
balanced use of land and resources, in a way that does not
unfairly burden marginalized communities;
(14) environmental justice can only be achieved and
sustained in the context of a greener economy;
(15) ``greening'' the economy requires concrete
governmental actions, including investments in clean
technologies; in sustainable, low-carbon transportation and
energy production systems; and in workforce training
initiatives that prepare citizens for well-paying jobs in new
or evolving industries;
(16) environmental justice requires fair processes and a
good-faith approach to public policy, including regulatory
decision making;
(17) in the 1990s, in response to the environmental justice
movement, Federal agencies were directed to incorporate
environmental justice goals into their programs and activities;
(18) vulnerable populations and marginalized communities
continue urgently to need fairer environmental policies, and
more inclusive and equitable processes; and
(19) all Americans would be better served by a policymaking
process that did not unfairly prioritize the comfort and health
of some groups or communities at the expense of others.
SEC. 20602. SENSE OF CONGRESS.
Congress--
(1) reaffirms the vital importance of clean air, clean
water, resource conservation, and other policy goals that
spurred lawmakers to enact existing environmental and public
health protections;
(2) affirms that the need for adequate environmental and
public health protections is inextricably linked with the need
for a more sustainable economy and greener, more livable
communities;
(3) affirms that environmental and public health policies
should adequately and equally protect all Americans, and that
equal protection is possible only in a context of environmental
justice;
(4) commends environmental justice advocates for their
continuing struggle to achieve fairer, healthier, more
sustainable policies and outcomes;
(5) acknowledges the prevalence of environmental injustices
that directly affect the health and well-being of individuals
and communities across the country, especially racial minority,
rural, indigenous, and low-income communities; and
(6) affirms its commitment to ameliorating existing
environmental injustices, and to preventing future injustices,
by supporting greater objectivity, transparency, and outreach
in policymaking at all levels of government; by supporting
improved two-way communication between policymakers and those
affected by their decisions; and by supporting processes that
ensure policymakers give due consideration not just to the
effects of their decisions, but to how those effects are
distributed and by whom they are borne.
Subtitle F--Endometrial Cancer Research and Education
SEC. 20701. SHORT TITLE.
This subtitle may be cited as the ``Endometrial Cancer Research and
Education Act of 2020''.
SEC. 20702. FINDINGS.
Congress finds the following:
(1) Endometrial cancer is cancer of the lining of the
uterus (or endometrium) and is the most common form of uterine
cancer.
(2) Endometrial cancer is the fourth most common cancer
diagnosed in women, after breast, lung, and colon cancer.
(3) Endometrial cancer mainly affects postmenopausal women,
with most women diagnosed between age 55 and 64.
(4) Women with polycystic ovary syndrome (PCOS) and uterine
leiomyoma have an increased risk of developing endometrial
cancer.
(5) Unlike most other types of cancer, the incidence of
endometrial cancer, particularly aggressive subtypes of such
cancer, has been increasing in the United States among all
women, particularly among African-American and Asian women,
with a 2.5 annual percent change for both groups.
(6) In comparison to non-Hispanic White women, African-
American women have significantly higher incidence rates of
aggressive endometrial cancers.
(7) Such incidence rates for Hispanic and Asian women are
equal to or lower than such incidence rates for non-Hispanic
White women.
(8) Although non-Hispanic White women are more likely to be
diagnosed with endometrial cancer in comparison to African-
American women, the rate of mortality is higher for African-
American women.
(9) Currently, the cause of such disparity is unknown.
Researchers have studied the disparity in relation to the time
between diagnosis and treatment of endometrial cancer,
including socioeconomic factors.
SEC. 20703. EXPANDING RESEARCH AND EDUCATION WITH RESPECT TO
ENDOMETRIAL CANCER.
(a) National Institutes of Health.--Part B of title IV of the
Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding
at the end the following new section:
``SEC. 409K. ENDOMETRIAL CANCER.
``(a) In General.--The Director of NIH shall--
``(1) expand, intensify, and coordinate programs to conduct
and support research with respect to endometrial cancer; and
``(2) communicate to medical professionals and researchers,
including through the endometrial cancer public education
program established under section 399V-7, the disparity in the
diagnosis of endometrial cancer between African-American women
and non-Hispanic White women and any new research relating to
endometrial cancer.
``(b) Coordination With Other Institutes.--The Director of NIH
shall coordinate activities carried out by the Director pursuant to
subsection (a) with similar activities carried out by--
``(1) the Director of the Eunice Kennedy Shriver National
Institute of Child Health and Human Development;
``(2) the Director of the National Institute on Minority
Health and Health Disparities; and
``(3) the Director of the Office of Research on Women's
Health.
``(c) Authorization of Appropriations.--For purposes of carrying
out this section, there is authorized to be appropriated $500,000 for
each of fiscal years 2021 through 2023.''.
(b) Centers for Disease Control and Prevention.--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 new section:
``SEC. 399V-7. ENDOMETRIAL CANCER PUBLIC EDUCATION PROGRAM.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall develop and
disseminate to the public informational materials on endometrial
cancer, including the incidence rate of such cancer, the risk factors
for developing such cancer, the increased risk for ethnic minority
women to develop such cancer, and the range of available treatments for
such cancer. Any informational material developed pursuant to the
previous sentence may be transmitted to a nonprofit organization;
institution of higher education; Federal, State, or local agency; or
media entity for purposes of disseminating such material to the public.
``(b) Consultation.--In developing and disseminating informational
materials under subsection (a), the Director of the Centers for Disease
Control and Prevention shall consult with the Administrator of the
Health Resources and Services Administration.
``(c) Authorization of Appropriations.--For purposes of carrying
out this section, there is authorized to be appropriated such sums as
may be necessary for each of fiscal years 2021 through 2023.''.
Subtitle G--Donald Payne Sr. Colorectal Cancer Detection
SEC. 20801. SHORT TITLE.
This subtitle may be cited as the ``Donald Payne Sr. Colorectal
Cancer Detection Act of 2020''.
SEC. 20802. MEDICARE COVERAGE FOR FDA-APPROVED QUALIFYING COLORECTAL
CANCER SCREENING BLOOD-BASED TESTS.
(a) In General.--Section 1861(pp) of the Social Security Act (42
U.S.C. 1395x(pp)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) Qualifying colorectal cancer screening blood-based
test.''; and
(2) by adding at the end the following new paragraph:
``(3) The term `qualifying colorectal cancer screening blood-based
test' means, with respect to a year, a screening blood-based test for
the early detection of colorectal cancer furnished in the year that was
marketed or used, as applicable, in accordance with the relevant
provisions of section 353 of the Public Health Service Act or the
Federal Food, Drug, and Cosmetic Act more than 6 months before the
beginning of the year.''.
(b) Frequency Limits for Colorectal Cancer Screening Tests and
Payment Amount for Qualifying Colorectal Cancer Screening Blood-Based
Tests.--Section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d))
is amended--
(1) by amending clause (ii) of paragraph (1)(B) to read as
follows:
``(ii) if the test is performed within--
``(I) the 11 months after a
previous screening fecal-occult blood
test or a previous qualifying
colorectal cancer screening blood-based
test;
``(II) the 35 months after a
previous screening flexible
sigmoidoscopy or a previous screening
colonoscopy with adenoma findings;
``(III) the 59 months after a
previous screening colonoscopy with
small polyp findings; or
``(IV) the 119 months after a
previous screening colonoscopy without
adenoma findings or small polyp
findings.'';
(2) in paragraph (2)(E)(ii), by inserting ``or within the
35 months after a previous screening fecal-occult blood test or
previous qualifying colorectal cancer screening blood-based
test'' after ``sigmoidoscopy'';
(3) by amending subparagraph (E) of paragraph (3) to read
as follows:
``(E) Frequency limit.--No payment may be made
under this part for a colorectal cancer screening test
consisting of a screening colonoscopy--
``(i) if the procedure is performed within
the 11 months after a previous screening fecal-
occult blood test or previous qualifying
colorectal cancer screening blood-based test;
``(ii) for individuals at high risk for
colorectal cancer if the procedure is performed
within the 23 months after a previous screening
colonoscopy; or
``(iii) for individuals not at high risk
for colorectal cancer if the procedure is
performed within the 119 months after a
previous screening colonoscopy or within the 47
months after a previous screening flexible
sigmoidoscopy.''; and
(4) by adding at the end the following new paragraph:
``(4) Qualifying colorectal cancer screening blood-based
tests.--
``(A) Payment amount.--The payment amount for
colorectal cancer screening tests consisting of
qualifying colorectal cancer screening blood-based
tests shall be established by the Secretary.
``(B) Frequency limit.--Paragraph (1)(B) shall
apply to colorectal cancer screening tests consisting
of qualifying colorectal cancer screening blood-based
tests in the same manner as such paragraph applies to
colorectal cancer screening tests consisting of fecal-
occult blood tests.''.
(c) Effective Date.--The amendments made by this section shall
apply to colorectal cancer screening tests furnished in a year
beginning more than 6 months after the date of the enactment of this
Act.
Subtitle H--Environmental Justice Act
SEC. 20901. SHORT TITLE.
This subtitle may be cited as the ``Environmental Justice Act of
2020''.
SEC. 20902. PURPOSES.
The purposes of this subtitle are--
(1) to require Federal agencies to address and eliminate
the disproportionate environmental and human health impacts on
populations of color, communities of color, indigenous
communities, and low-income communities;
(2) to ensure that all Federal agencies develop and enforce
rules, regulations, guidance, standards, policies, plans, and
practices that promote environmental justice;
(3) to increase cooperation and require coordination among
Federal agencies in achieving environmental justice;
(4) to provide to communities of color, indigenous
communities, and low-income communities meaningful access to
public information and opportunities for participation in
decision making affecting human health and the environment;
(5) to mitigate the inequitable distribution of the burdens
and benefits of Federal programs having significant impacts on
human health and the environment;
(6) to require consideration of cumulative impacts in
permitting decisions;
(7) to clarify congressional intent to afford rights of
action pursuant to certain statutes and common law claims; and
(8) to allow a private right of action under title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) to
challenge discriminatory practices.
SEC. 20903. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community of color.--The term ``community of color''
means any geographically distinct area the population of color
of which is higher than the average population of color of the
State in which the community is located.
(3) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis on
the democratization of science and the engagement of diverse
people and communities.
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) populations of color, communities of color,
indigenous communities, and low-income communities have
access to public information and opportunities for
meaningful public participation relating to human
health and environmental planning, regulations, and
enforcement;
(B) no population of color or community of color,
indigenous community, or low-income community shall be
exposed to a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazards; and
(C) the 17 Principles of Environmental Justice
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(5) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working
Group; and
(B) any other Federal agency that carries out a
Federal program or activity that substantially affects
human health or the environment, as determined by the
President.
(6) Fenceline community.--The term ``fenceline community''
means a population living in close proximity to a source of
pollution.
(7) Indigenous community.--The term ``indigenous
community'' means--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people,
including communities in other countries.
(8) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used to
effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local businesses.
(9) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(10) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with low income.
(11) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community
have an appropriate opportunity to participate in
decisions regarding a proposed activity that will
affect the environment or public health of the
community;
(B) the public contribution can influence the
determination by the Federal agency;
(C) the concerns of all participants involved are
taken into consideration in the decision-making
process; and
(D) the Federal agency--
(i) provides to potentially affected
members of the public accurate information; and
(ii) facilitates the involvement of
potentially affected members of the public.
(12) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another nonWhite race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(13) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet
and in public libraries; and
(B) accessible for--
(i) individuals who are limited in English
proficiency, in accordance with Executive Order
13166 (65 Fed. Reg. 50121 (August 16, 2000));
and
(ii) individuals with disabilities.
(14) Working group.--The term ``Working Group'' means the
interagency Federal Working Group on Environmental Justice
convened under section 1-102 of Executive Order 12898 (42
U.S.C. 4321 note), as amended by Executive Order 12948 (60 Fed.
Reg. 6381 (January 30, 1995)) and modified by section 20904.
SEC. 20904. INTERAGENCY FEDERAL WORKING GROUP ON ENVIRONMENTAL JUSTICE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall convene, as appropriate to carry
out this section, the Working Group.
(b) Requirements.--
(1) Composition.--The Working Group shall be comprised of
the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental
Justice.
(N) The Chairman of the Consumer Product Safety
Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and
Budget.
(Q) The Director of the Office of Science and
Technology Policy.
(R) The Chair of the Council on Environmental
Quality.
(S) The Assistant to the President for Domestic
Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic
Advisers.
(V) Such other Federal officials as the President
may designate.
(2) Functions.--The Working Group shall--
(A) report to the President through the Chair of
the Council on Environmental Quality and the Assistant
to the President for Domestic Policy;
(B) provide guidance to Federal agencies regarding
criteria for identifying disproportionately high and
adverse human health or environmental effects--
(i) on populations of color, communities of
color, indigenous communities, and low-income
communities; and
(ii) on the basis of race, color, national
origin, or income;
(C) coordinate with, provide guidance to, and serve
as a clearinghouse for, each Federal agency with
respect to the implementation and updating of an
environmental justice strategy required under this Act,
in order to ensure that the administration,
interpretation, and enforcement of programs,
activities, and policies are carried out in a
consistent manner;
(D) assist in coordinating research by, and
stimulating cooperation among, the Environmental
Protection Agency, the Department of Health and Human
Services, the Department of Housing and Urban
Development, and other Federal agencies conducting
research or other activities in accordance with this
Act;
(E) identify, based in part on public
recommendations contained in Federal agency progress
reports, important areas for Federal agencies to take
into consideration and address, as appropriate, in
environmental justice strategies and other efforts;
(F) assist in coordinating data collection and
maintaining and updating appropriate databases, as
required by this Act;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit
public participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation
among Federal agencies.
(3) Public participation.--The Working Group shall--
(A) hold public meetings or otherwise solicit
public participation and community-based science for
the purpose of fact-finding with respect to the
implementation of this Act; and
(B) prepare for public review and publish a summary
of any comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 20905. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health or
environmental effects of the programs, policies, and activities
of the Federal agency on populations of color, communities of
color, indigenous communities, and low-income communities in
the United States (including the territories and possessions of
the United States and the District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or subjecting
any individual or group to discrimination under, the program,
policy, or activity because of race, color, or national origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency
shall implement and update, not less frequently than
annually, an agencywide environmental justice strategy
that identifies disproportionally high and adverse
human health or environmental effects of the programs,
policies, spending, and other activities of the Federal
agency with respect to populations of color,
communities of color, indigenous communities, and low-
income communities, including, as appropriate for the
mission of the Federal agency, with respect to the
following areas:
(i) Implementation of the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(ii) Implementation of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) (including regulations promulgated
pursuant to that title).
(iii) Implementation of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of
infrastructure, or from deteriorated
infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change.
(vii) Impacts from commercial
transportation.
(B) Revisions.--
(i) In general.--Each strategy developed
and updated pursuant to subparagraph (A) shall
identify programs, policies, planning and
public participation processes, rulemaking,
agency spending, and enforcement activities
relating to human health or the environment
that may be revised, at a minimum--
(I) to promote enforcement of all
health, environmental, and civil rights
laws and regulations in areas
containing populations of color,
communities of color, indigenous
communities, and low-income
communities;
(II) to ensure greater public
participation;
(III) to provide increased access
to infrastructure;
(IV) to improve research and data
collection relating to the health and
environment of populations of color,
communities of color, indigenous
communities, and low-income
communities, including through the
increased use of community-based
science; and
(V) to identify differential
patterns of use of natural resources
among populations of color, communities
of color, indigenous communities, and
low-income communities.
(ii) Timetables.--Each strategy implemented
and updated pursuant to subparagraph (A) shall
include a timetable for undertaking revisions
identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than once every 5 years thereafter, each
Federal agency shall submit to Congress and the Working
Group, and shall publish, a progress report that
includes, with respect to the period covered by the
report--
(i) a description of the current
environmental justice strategy of the Federal
agency;
(ii) an evaluation of the progress made by
the Federal agency at national and regional
levels regarding implementation of the
environmental justice strategy, including--
(I) metrics used by the Federal
agency to measure performance; and
(II) the progress made by the
Federal agency toward--
(aa) the achievement of the
metrics described in subclause
(I); and
(bb) mitigating identified
instances of environmental
injustice;
(iii) a description of the participation by
the Federal agency in interagency
collaboration;
(iv) responses to recommendations submitted
by members of the public to the Federal agency
relating to the environmental justice strategy
of the Federal agency and the implementation by
the Federal agency of this subtitle; and
(v) any updates or revisions to the
environmental justice strategy of the Federal
agency, including those resulting from public
comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for
the public to submit comments and recommendations
relating to the environmental justice strategy,
progress reports, and ongoing efforts of the Federal
agency to incorporate environmental justice principles
into the programs, policies, and activities of the
Federal agency;
(B) hold public meetings or otherwise solicit
public participation and community-based science from
populations of color, communities of color, indigenous
communities, and low-income communities for fact-
finding, receiving public comments, and conducting
inquiries concerning environmental justice; and
(C) prepare for public review and publish a summary
of the comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of
the Federal agency that affect human health or the
environment; and
(B) translate and publish any public documents,
notices, and hearings relating to an action of the
Federal agency as appropriate for the affected
population, specifically in any case in which a limited
English-speaking population may be disproportionately
affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--
Notwithstanding any other provision of law, sections II
and III of the guidance issued by the Council on
Environmental Quality entitled ``Environmental Justice
Guidance Under the National Environmental Policy Act''
and dated December 10, 1997, are enacted into law.
(B) Environmental protection agency.--
Notwithstanding any other provision of law, the
guidance issued by the Environmental Protection Agency
entitled ``EPA Policy on Consultation and Coordination
with Indian Tribes: Guidance for Discussing Tribal
Treaty Rights'' and dated February 2016 is enacted into
law.
(b) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health
research, include diverse segments of the population in
epidemiological and clinical studies, including
segments at high risk from environmental hazards, such
as--
(i) populations of color, communities of
color, indigenous communities, populations with
low income, and low-income communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to
substantial environmental hazards;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures;
and
(C) actively encourage and solicit community-based
science, and provide to populations of color,
communities of color, indigenous communities,
populations with low income, and low-income communities
the opportunity to comment regarding the development
and design of research strategies carried out pursuant
to this subtitle.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
``Privacy Act'')), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, or income; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally high and adverse human
health or environmental effects on populations of
color, communities of color, indigenous communities,
and low-income communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency strategies
under subsection (a)(3), each Federal agency, to the maximum
extent practicable and permitted by applicable law, shall
collect, maintain, and analyze information relating to the
race, national origin, and income level, and other readily
accessible and appropriate information, for fenceline
communities in proximity to any facility or site expected to
have a substantial environmental, human health, or economic
effect on the surrounding populations, if the facility or site
becomes the subject of a substantial Federal environmental
administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for fenceline
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12898 (42 U.S.C. 4321 note); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall continue
to make available to the public an environmental justice mapping and
screening tool (such as EJScreen or an equivalent tool) that includes,
at a minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(e) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and Tribal governments.
SEC. 20906. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The establishment by the Administrator on
September 30, 1993, by charter pursuant to the Federal Advisory
Committee Act (5 U.S.C. App.) of the National Environmental Justice
Advisory Council (referred to in this section as the ``Advisory
Council'') is enacted into law.
(b) Duties.--The Advisory Council may carry out such duties as were
carried out by the Advisory Council on the day before the date of
enactment of this Act, subject to modification by the Administrator, by
regulation.
(c) Membership.--The membership of the Advisory Council shall--
(1) be determined and appointed in accordance with, as
applicable--
(A) the charter described in subsection (a) (or any
subsequent amendment or revision of that charter); or
(B) other appropriate bylaws or documents of the
Advisory Council, as determined by the Administrator;
and
(2) continue in effect as in existence on the day before
the date of enactment of this Act until modified in accordance
with paragraph (1).
(d) Designated Federal Officer.--The Director of the Office of
Environmental Justice of the Environmental Protection Agency is
designated as the Federal officer required under section 10(e) of the
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory
Council.
(e) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Designated federal officer.--The designated Federal
officer described in subsection (d) (or a designee) shall--
(A) be present at each meeting of the Advisory
Council;
(B) ensure that each meeting is conducted in
accordance with an agenda approved in advance by the
designated Federal officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each
meeting of the Advisory Council; or
(ii) to make statements at such a meeting,
to the extent that time permits;
(D) ensure that a representative of the Working
Group and a high-level representative from each
regional office of the Environmental Protection Agency
are invited to, and encouraged to attend, each meeting
of the Advisory Council; and
(E) provide technical assistance to States seeking
to establish State-level environmental justice advisory
councils or implement other environmental justice
policies or programs.
(f) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(g) Travel Expenses.--A member of the Advisory Council may be
allowed travel expenses, including per diem in lieu of subsistence, at
such rate as the Administrator determines to be appropriate while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
(h) Duration.--The Advisory Council shall remain in existence
unless otherwise provided by law.
SEC. 20907. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry out the
Environmental Justice Small Grants Program and the Environmental
Justice Collaborative Problem-Solving Cooperative Agreement Program, as
those programs are in existence on the date of enactment of this Act.
(b) CARE Grants.--The Administrator shall continue to carry out the
Community Action for a Renewed Environment grant programs I and II, as
in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the programs described in subsections (a) and
(b) $10,000,000 for each of fiscal years 2020 through 2029.
SEC. 20908. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT
VIOLATIONS IN CERTAIN PERMITTING DECISIONS.
(a) Federal Water Pollution Control Act.--Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
(1) by striking the section designation and heading and all
that follows through ``Except as'' in subsection (a)(1) and
inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with,
as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of
the permit--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C.
7661)) of the discharge, considered in
conjunction with the designated and actual uses
of the impacted navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, there does not exist a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, the
permit or renewal includes such terms and
conditions as the Administrator determines to
be necessary to ensure a reasonable certainty
of no harm.''; and
(B) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and
information collection, reporting, and such other
requirements as he deems appropriate.'' and inserting
the following: ``ensure compliance with the
requirements of paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) additional controls or pollution prevention
requirements.''; and
(3) in subsection (b)--
(A) in each of paragraphs (1)(D), (2)(B), and (3)
through (7), by striking the semicolon at the end and
inserting a period;
(B) in paragraph (8), by striking ``; and'' at the
end and inserting a period; and
(C) by adding at the end the following:
``(10) To ensure that no permit will be issued or renewed
if, with respect to an application for the permit, the State
determines, based on an analysis by the State of existing water
quality and the potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C. 7661)) of the
discharge, considered in conjunction with the designated and
actual uses of the impacted navigable water, that the terms and
conditions of the permit or renewal would not be sufficient to
ensure a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure, public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and socioeconomic factors, where
applicable.''.
(2) Permit programs.--Section 502(b) of the Clean Air Act
(42 U.S.C. 7661a(b)) is amended--
(A) in paragraph (5)--
(i) in subparagraphs (A) and (C), by
striking ``assure'' each place it appears and
inserting ``ensure''; and
(ii) by striking subparagraph (F) and
inserting the following:
``(F) ensure that no permit will be issued or renewed, as
applicable, if--
``(i) with respect to an application for a permit
or renewal of a permit for a major source, the
permitting authority determines under paragraph
(9)(A)(i)(II)(bb) that the terms and conditions of the
permit or renewal would not be sufficient to ensure a
reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation, of the applicable census
tracts or Tribal census tracts (as those terms are
defined by the Director of the Bureau of the Census);
or
``(ii) the Administrator objects to the issuance of
the permit in a timely manner under this title.''; and
(B) in paragraph (9)--
(i) in the fourth sentence, by striking
``Such permit revision'' and inserting the
following:
``(iii) Treatment as renewal.--A permit
revision under this paragraph'';
(ii) in the third sentence, by striking
``No such revision shall'' and inserting the
following:
``(ii) Exception.--A revision under this
paragraph shall not'';
(iii) in the second sentence, by striking
``Such revisions'' and inserting the following:
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii)''; and
(iv) by striking the paragraph designation
and all that follows through ``shall require''
in the first sentence and inserting the
following:
``(9) Major sources.--
``(A) In general.--With respect to any permit or
renewal of a permit, as applicable, for a major source,
a requirement that the permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the proposed
major source, as described in the
applicable cumulative impacts analysis
submitted under section 503(b)(3);
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census tracts or Tribal census
tracts (as those terms are defined by
the Director of the Bureau of the
Census) located in, or immediately
adjacent to, the area in which the
major source is, or is proposed to be,
located--
``(aa) include in the
permit or renewal such terms
and conditions (including
additional controls or
pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no
harm; or
``(bb) if the permitting
authority determines that terms
and conditions described in
item (aa) would not be
sufficient to ensure a
reasonable certainty of no
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
Environmental Justice Act of 2019;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (V)(bb)--
``(aa) require the
applicant to submit a
redemption plan that
describes--
``(AA) if the
applicant is not
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(BB) measures the
applicant will carry
out, or has carried out
to ensure the applicant
will remain in
compliance with this
Act, and to mitigate
the environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the
redemption plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a
redemption plan is submitted,
determine whether the plan is
adequate to ensuring that the
applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the
redemption plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the redemption plan
submitted under subclause
(IV)(aa) is inadequate; or
``(bb)(AA) the applicant
has submitted a redemption plan
on a prior occasion, but
continues to be a persistent
violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent violations; and
``(ii) in the case of such a permit with a
term of 3 years or longer, require in
accordance with subparagraph (B).''.
(3) Permit applications.--Section 503(b) of the Clean Air
Act (42 U.S.C. 7661b(b)) is amended by adding at the end the
following:
``(3) Major source analyses.--The regulations required by
section 502(b) shall include a requirement that an applicant
for a permit or renewal of a permit for a major source shall
submit, together with the compliance plan required under this
subsection, a cumulative impacts analysis for each census tract
or Tribal census tract (as those terms are defined by the
Director of the Bureau of the Census) located in, or
immediately adjacent to, the area in which the major source is,
or is proposed to be, located that analyzes--
``(A) community demographics and locations of
community exposure points, such as schools, day care
centers, nursing homes, hospitals, health clinics,
places of religious worship, parks, playgrounds, and
community centers;
``(B) air quality and the potential effect on that
air quality of emissions of air pollutants (including
pollutants listed under section 108 or 112) from the
proposed major source, including in combination with
existing sources of pollutants;
``(C) the potential effects on soil quality and
water quality of emissions of lead and other air
pollutants that could contaminate soil or water from
the proposed major source, including in combination
with existing sources of pollutants; and
``(D) public health and any potential effects on
public health of the proposed major source.''.
SEC. 20909. IMPLIED RIGHTS OF ACTION AND COMMON LAW CLAIMS.
Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended by adding at the end the following:
``(i) Effect on Implied Rights of Action and Common Law Claims.--
``(1) Definition of covered act.--In this subsection:
``(A) In general.--The term `covered Act' means--
``(i) this Act;
``(ii) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
``(iii) the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et
seq.);
``(iv) the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.);
``(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
``(vi) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
``(vii) the Clean Air Act (42 U.S.C. 7401
et seq.);
``(viii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
``(ix) any other Act administered by the
Administrator.
``(B) Inclusions.--The term `covered Act' includes
any provision of an Act described in subparagraph (A)
the date of enactment of which is after the date of
enactment of this subsection, unless that provision is
specifically excluded from this subsection.
``(2) Effect.--Nothing in a covered Act precludes the right
to bring an action--
``(A) under section 1979 of the Revised Statutes
(42 U.S.C. 1983); or
``(B) that is implied under--
``(i) a covered Act; or
``(ii) common law.
``(3) Application.--Nothing in this section precludes the
right to bring an action under any provision of law that is not
a covered Act.''.
SEC. 20910. PRIVATE RIGHTS OF ACTION FOR DISCRIMINATORY PRACTICES.
(a) Right of Action.--Section 602 of the Civil Rights Act of 1964
(42 U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure of a covered entity to
comply with this title, including any regulation promulgated pursuant
to this title, may bring a civil action in any Federal or State court
of competent jurisdiction to enforce such person's rights under this
title.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 20911. SEVERABILITY.
If any provision of this subtitle, or the application of such a
provision to any person or circumstance, is determined to be invalid,
the remainder of this subtitle and the application of the provision to
other persons or circumstances shall not be affected.
Subtitle I--Strengthening Health Care and Lowering Prescription Drug
Costs
SEC. 21001. SHORT TITLE.
This subtitle may be cited as the ``Strengthening Health Care and
Lowering Prescription Drug Costs Act''.
PART 1--LOWERING PRESCRIPTION DRUG COSTS
Subpart A--Bringing Low-Cost Options and Competition While Keeping
Incentives for New Generics
SEC. 21011. CHANGE CONDITIONS OF FIRST GENERIC EXCLUSIVITY TO SPUR
ACCESS AND COMPETITION.
Section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(5)(B)(iv)) is amended--
(1) in subclause (I), by striking ``180 days after'' and
all that follows through the period at the end and inserting
the following: ``180 days after the earlier of--
``(aa) the date of the first
commercial marketing of the drug
(including the commercial marketing of
the listed drug) by any first
applicant; or
``(bb) the applicable date
specified in subclause (III).''; and
(2) by adding at the end the following new subclause:
``(III) Applicable date.--The applicable
date specified in this subclause, with respect
to an application for a drug described in
subclause (I), is the date on which each of the
following conditions is first met:
``(aa) The approval of such an
application could be made effective,
but for the eligibility of a first
applicant for 180-day exclusivity under
this clause.
``(bb) At least 30 months have
passed since the date of submission of
an application for the drug by at least
one first applicant.
``(cc) Approval of an application
for the drug submitted by at least one
first applicant is not precluded under
clause (iii).
``(dd) No application for the drug
submitted by any first applicant is
approved at the time the conditions
under items (aa), (bb), and (cc) are
all met, regardless of whether such an
application is subsequently
approved.''.
Subpart B--Protecting Consumer Access to Generic Drugs
SEC. 21015. UNLAWFUL AGREEMENTS.
(a) Agreements Prohibited.--Subject to subsections (b) and (c), it
shall be unlawful for an NDA or BLA holder and a subsequent filer (or
for two subsequent filers) to enter into, or carry out, an agreement
resolving or settling a covered patent infringement claim on a final or
interim basis if under such agreement--
(1) a subsequent filer directly or indirectly receives from
such holder (or in the case of such an agreement between two
subsequent filers, the other subsequent filer) anything of
value, including a license; and
(2) the subsequent filer agrees to limit or forego research
on, or development, manufacturing, marketing, or sales, for any
period of time, of the covered product that is the subject of
the application described in subparagraph (A) or (B) of
subsection (g)(8).
(b) Exclusion.--It shall not be unlawful under subsection (a) if a
party to an agreement described in such subsection demonstrates by
clear and convincing evidence that the value described in subsection
(a)(1) is compensation solely for other goods or services that the
subsequent filer has promised to provide.
(c) Limitation.--Nothing in this section shall prohibit an
agreement resolving or settling a covered patent infringement claim in
which the consideration granted by the NDA or BLA holder to the
subsequent filer (or from one subsequent filer to another) as part of
the resolution or settlement includes only one or more of the
following:
(1) The right to market the covered product that is the
subject of the application described in subparagraph (A) or (B)
of subsection (g)(8) in the United States before the expiration
of--
(A) any patent that is the basis of the covered
patent infringement claim; or
(B) any patent right or other statutory exclusivity
that would prevent the marketing of such covered
product.
(2) A payment for reasonable litigation expenses not to
exceed $7.5 million in the aggregate.
(3) A covenant not to sue on any claim that such covered
product infringes a patent.
(d) Enforcement by Federal Trade Commission.--
(1) General application.--The requirements of this section
apply, according to their terms, to an NDA or BLA holder or
subsequent filer that is--
(A) a person, partnership, or corporation over
which the Commission has authority pursuant to section
5(a)(2) of the Federal Trade Commission Act (15 U.S.C.
45(a)(2)); or
(B) a person, partnership, or corporation over
which the Commission would have authority pursuant to
such section but for the fact that such person,
partnership, or corporation is not organized to carry
on business for its own profit or that of its members.
(2) Unfair or deceptive acts or practices enforcement
authority.--
(A) In general.--A violation of this section shall
be treated as an unfair or deceptive act or practice in
violation of section 5(a)(1) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(1)).
(B) Powers of commission.--Except as provided in
subparagraph (C) and paragraphs (1)(B) and (3)--
(i) the Commission shall enforce 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 Federal Trade Commission Act
(15 U.S.C. 41 et seq.) were incorporated into
and made a part of this section; and
(ii) any NDA or BLA holder or subsequent
filer that violates this section shall be
subject to the penalties and entitled to the
privileges and immunities provided in the
Federal Trade Commission Act.
(C) Judicial review.--In the case of a cease and
desist order issued by the Commission under section 5
of the Federal Trade Commission Act (15 U.S.C. 45) for
violation of this section, a party to such order may
obtain judicial review of such order as provided in
such section 5, except that--
(i) such review may only be obtained in--
(I) the United States Court of
Appeals for the District of Columbia
Circuit;
(II) the United States Court of
Appeals for the circuit in which the
ultimate parent entity, as defined in
section 801.1(a)(3) of title 16, Code
of Federal Regulations, or any
successor thereto, of the NDA or BLA
holder (if any such holder is a party
to such order) is incorporated as of
the date that the application described
in subparagraph (A) or (B) of
subsection (g)(8) or an approved
application that is deemed to be a
license for a biological product under
section 351(k) of the Public Health
Service Act (42 U.S.C. 262(k)) pursuant
to section 7002(e)(4) of the Biologics
Price Competition and Innovation Act of
2009 (Public Law 111-148; 124 Stat.
817) is submitted to the Commissioner
of Food and Drugs; or
(III) the United States Court of
Appeals for the circuit in which the
ultimate parent entity, as so defined,
of any subsequent filer that is a party
to such order is incorporated as of the
date that the application described in
subparagraph (A) or (B) of subsection
(g)(8) is submitted to the Commissioner
of Food and Drugs; and
(ii) the petition for review shall be filed
in the court not later than 30 days after such
order is served on the party seeking review.
(3) Additional enforcement authority.--
(A) Civil penalty.--The Commission may commence a
civil action to recover a civil penalty in a district
court of the United States against any NDA or BLA
holder or subsequent filer that violates this section.
(B) Special rule for recovery of penalty if cease
and desist order issued.--
(i) In general.--If the Commission has
issued a cease and desist order in a proceeding
under section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) for violation of this
section--
(I) the Commission may commence a
civil action under subparagraph (A) to
recover a civil penalty against any
party to such order at any time before
the expiration of the 1-year period
beginning on the date on which such
order becomes final under section 5(g)
of such Act (15 U.S.C. 45(g)); and
(II) in such civil action, the
findings of the Commission as to the
material facts in such proceeding shall
be conclusive, unless--
(aa) the terms of such
order expressly provide that
the Commission's findings shall
not be conclusive; or
(bb) such order became
final by reason of section
5(g)(1) of such Act (15 U.S.C.
45(g)(1)), in which case such
findings shall be conclusive if
supported by evidence.
(ii) Relationship to penalty for violation
of an order.--The penalty provided in clause
(i) for violation of this section is separate
from and in addition to any penalty that may be
incurred for violation of an order of the
Commission under section 5(l) of the Federal
Trade Commission Act (15 U.S.C. 45(l)).
(C) Amount of penalty.--
(i) In general.--The amount of a civil
penalty imposed in a civil action under
subparagraph (A) on a party to an agreement
described in subsection (a) shall be sufficient
to deter violations of this section, but in no
event greater than--
(I) if such party is the NDA or BLA
holder (or, in the case of an agreement
between two subsequent filers, the
subsequent filer who gave the value
described in subsection (a)(1)), the
greater of--
(aa) three times the value
received by such NDA or BLA
holder (or by such subsequent
filer) that is reasonably
attributable to the violation
of this section; or
(bb) three times the value
given to the subsequent filer
(or to the other subsequent
filer) reasonably attributable
to the violation of this
section; and
(II) if such party is the
subsequent filer (or, in the case of an
agreement between two subsequent
filers, the subsequent filer who
received the value described in
subsection (a)(1)), 3 times the value
received by such subsequent filer that
is reasonably attributable to the
violation of this section.
(ii) Factors for consideration.--In
determining such amount, the court shall take
into account--
(I) the nature, circumstances,
extent, and gravity of the violation;
(II) with respect to the violator,
the degree of culpability, any history
of violations, the ability to pay, any
effect on the ability to continue doing
business, profits earned by the NDA or
BLA holder (or, in the case of an
agreement between two subsequent
filers, the subsequent filer who gave
the value described in subsection
(a)(1)), compensation received by the
subsequent filer (or, in the case of an
agreement between two subsequent
filers, the subsequent filer who
received the value described in
subsection (a)(1)), and the amount of
commerce affected; and
(III) other matters that justice
requires.
(D) Injunctions and other equitable relief.--In a
civil action under subparagraph (A), the United States
district courts are empowered to grant mandatory
injunctions and such other and further equitable relief
as they deem appropriate.
(4) Remedies in addition.--Remedies provided in this
subsection are in addition to, and not in lieu of, any other
remedy provided by Federal law.
(5) Preservation of authority of commission.--Nothing in
this section shall be construed to affect any authority of the
Commission under any other provision of law.
(e) Federal Trade Commission Rulemaking.--The Commission may, in
its discretion, by rule promulgated under section 553 of title 5,
United States Code, exempt from this section certain agreements
described in subsection (a) if the Commission finds such agreements to
be in furtherance of market competition and for the benefit of
consumers.
(f) Antitrust Laws.--Nothing in this section shall modify, impair,
limit, or supersede the applicability of the antitrust laws as defined
in subsection (a) of the first section of the Clayton Act (15 U.S.C.
12(a)), and of section 5 of the Federal Trade Commission Act (15 U.S.C.
45) to the extent that such section 5 applies to unfair methods of
competition. Nothing in this section shall modify, impair, limit, or
supersede the right of a subsequent filer to assert claims or
counterclaims against any person, under the antitrust laws or other
laws relating to unfair competition.
(g) Definitions.--In this section:
(1) Agreement resolving or settling a covered patent
infringement claim.--The term ``agreement resolving or settling
a covered patent infringement claim'' means any agreement
that--
(A) resolves or settles a covered patent
infringement claim; or
(B) is contingent upon, provides for a contingent
condition for, or is otherwise related to the
resolution or settlement of a covered patent
infringement claim.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered patent infringement claim.--The term ``covered
patent infringement claim'' means an allegation made by the NDA
or BLA holder to a subsequent filer (or, in the case of an
agreement between two subsequent filers, by one subsequent
filer to another), whether or not included in a complaint filed
with a court of law, that--
(A) the submission of the application described in
subparagraph (A) or (B) of paragraph (9), or the
manufacture, use, offering for sale, sale, or
importation into the United States of a covered product
that is the subject of such an application--
(i) in the case of an agreement between an
NDA or BLA holder and a subsequent filer,
infringes any patent owned by, or exclusively
licensed to, the NDA or BLA holder of the
covered product; or
(ii) in the case of an agreement between
two subsequent filers, infringes any patent
owned by the subsequent filer; or
(B) in the case of an agreement between an NDA or
BLA holder and a subsequent filer, the covered product
to be manufactured under such application uses a
covered product as claimed in a published patent
application.
(4) Covered product.--The term ``covered product'' means a
drug (as defined in section 201(g) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(g))), including a biological
product (as defined in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
(5) NDA or bla holder.--The term ``NDA or BLA holder''
means--
(A) the holder of--
(i) an approved new drug application filed
under section 505(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)(1))
for a covered product; or
(ii) a biologics license application filed
under section 351(a) of the Public Health
Service Act (42 U.S.C. 262(a)) with respect to
a biological product;
(B) a person owning or controlling enforcement of
the patent on--
(i) the list published under section
505(j)(7) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(j)(7)) in
connection with the application described in
subparagraph (A)(i); or
(ii) any list published under section 351
of the Public Health Service Act (42 U.S.C.
262) comprised of patents associated with
biologics license applications filed under
section 351(a) of such Act (42 U.S.C. 262(a));
or
(C) the predecessors, subsidiaries, divisions,
groups, and affiliates controlled by, controlling, or
under common control with any entity described in
subparagraph (A) or (B) (such control to be presumed by
direct or indirect share ownership of 50 percent or
greater), as well as the licensees, licensors,
successors, and assigns of each of the entities.
(6) Patent.--The term ``patent'' means a patent issued by
the United States Patent and Trademark Office.
(7) Statutory exclusivity.--The term ``statutory
exclusivity'' means those prohibitions on the submission or
approval of drug applications under clauses (ii) through (iv)
of section 505(c)(3)(E) (5- and 3-year exclusivity), clauses
(ii) through (iv) of section 505(j)(5)(F) (5-year and 3-year
exclusivity), section 505(j)(5)(B)(iv) (180-day exclusivity),
section 527 (orphan drug exclusivity), section 505A (pediatric
exclusivity), or section 505E (qualified infectious disease
product exclusivity) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(c)(3)(E), 355(j)(5)(B)(iv), 355(j)(5)(F),
360cc, 355a, 355f), or prohibitions on the submission or
licensing of biologics license applications under section
351(k)(6) (interchangeable biological product exclusivity) or
section 351(k)(7) (biological product reference product
exclusivity) of the Public Health Service Act (42 U.S.C.
262(k)(6), (7)).
(8) Subsequent filer.--The term ``subsequent filer''
means--
(A) in the case of a drug, a party that owns or
controls an abbreviated new drug application submitted
pursuant to section 505(j) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(j)) or a new drug
application submitted pursuant to section 505(b)(2) of
the Federal Food, Drug, and Cosmetic Act (21U.S.C.
355(b)(2)) and filed under section 505(b)(1) of such
Act (21 U.S.C. 355(b)(1)) or has the exclusive rights
to distribute the covered product that is the subject
of such application; or
(B) in the case of a biological product, a party
that owns or controls an application filed with the
Food and Drug Administration under section 351(k) of
the Public Health Service Act (42 U.S.C. 262(k)) or has
the exclusive rights to distribute the biological
product that is the subject of such application.
(h) Effective Date.--This section applies with respect to
agreements described in subsection (a) entered into on or after the
date of the enactment of this Act.
SEC. 21016. NOTICE AND CERTIFICATION OF AGREEMENTS.
(a) Notice of All Agreements.--Section 1111(7) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 355 note) is amended by inserting ``or the owner of a patent for
which a claim of infringement could reasonably be asserted against any
person for making, using, offering to sell, selling, or importing into
the United States a biological product that is the subject of a
biosimilar biological product application'' before the period at the
end.
(b) Certification of Agreements.--Section 1112 of such Act (21
U.S.C. 355 note) is amended by adding at the end the following:
``(d) Certification.--The Chief Executive Officer or the company
official responsible for negotiating any agreement under subsection (a)
or (b) that is required to be filed under subsection (c) shall, within
30 days of such filing, execute and file with the Assistant Attorney
General and the Commission a certification as follows: `I declare that
the following is true, correct, and complete to the best of my
knowledge: The materials filed with the Federal Trade Commission and
the Department of Justice under section 1112 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003, with
respect to the agreement referenced in this certification--
```(1) represent the complete, final, and exclusive
agreement between the parties;
```(2) include any ancillary agreements that are contingent
upon, provide a contingent condition for, were entered into
within 30 days of, or are otherwise related to, the referenced
agreement; and
```(3) include written descriptions of any oral agreements,
representations, commitments, or promises between the parties
that are responsive to subsection (a) or (b) of such section
1112 and have not been reduced to writing.'.''.
SEC. 21017. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.
Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section
111 of the Strengthening Health Care and Lowering Prescription Drug
Costs Act or'' after ``that the agreement has violated''.
SEC. 21018. COMMISSION LITIGATION AUTHORITY.
Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C.
56(a)(2)) is amended--
(1) in subparagraph (D), by striking ``or'' after the
semicolon;
(2) in subparagraph (E), by inserting ``or'' after the
semicolon; and
(3) by inserting after subparagraph (E) the following:
``(F) under section 111(d)(3)(A) of the
Strengthening Health Care and Lowering Prescription
Drug Costs Act;''.
SEC. 21019. STATUTE OF LIMITATIONS.
(a) In General.--Except as provided in subsection (b), the
Commission shall commence any administrative proceeding or civil action
to enforce section 21121 of this subtitle not later than 6 years after
the date on which the parties to the agreement file the Notice of
Agreement as provided by section 1112(c)(2) and (d) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 355 note).
(b) Civil Action After Issuance of Cease and Desist Order.--If the
Commission has issued a cease and desist order under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) for violation of section
21121 of this subtitle and the proceeding for the issuance of such
order was commenced within the period required by subsection (a) of
this section, such subsection does not prohibit the commencement, after
such period, of a civil action under section 111(d)(3)(A) against a
party to such order or a civil action under subsection (l) of such
section 5 for violation of such order.
Subpart C--Creating and Restoring Equal Access to Equivalent Samples
SEC. 21021. ACTIONS FOR DELAYS OF GENERIC DRUGS AND BIOSIMILAR
BIOLOGICAL PRODUCTS.
(a) Definitions.--In this section--
(1) the term ``commercially reasonable, market-based
terms'' means--
(A) a nondiscriminatory price for the sale of the
covered product at or below, but not greater than, the
most recent wholesale acquisition cost for the drug, as
defined in section 1847A(c)(6)(B) of the Social
Security Act (42 U.S.C. 1395w-3a(c)(6)(B));
(B) a schedule for delivery that results in the
transfer of the covered product to the eligible product
developer consistent with the timing under subsection
(b)(2)(A)(iv); and
(C) no additional conditions are imposed on the
sale of the covered product;
(2) the term ``covered product''--
(A) means--
(i) any drug approved under subsection (c)
or (j) of section 505 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355) or
biological product licensed under subsection
(a) or (k) of section 351 of the Public Health
Service Act (42 U.S.C. 262);
(ii) any combination of a drug or
biological product described in clause (i); or
(iii) when reasonably necessary to support
approval of an application under section 505 of
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355), or section 351 of the Public
Health Service Act (42 U.S.C. 262), as
applicable, or otherwise meet the requirements
for approval under either such section, any
product, including any device, that is marketed
or intended for use with such a drug or
biological product; and
(B) does not include any drug or biological product
that appears on the drug shortage list in effect under
section 506E of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356e), unless--
(i) the drug or biological product has been
on the drug shortage list in effect under such
section 506E continuously for more than 6
months; or
(ii) the Secretary determines that
inclusion of the drug or biological product as
a covered product is likely to contribute to
alleviating or preventing a shortage.
(3) the term ``device'' has the meaning given the term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321);
(4) the term ``eligible product developer'' means a person
that seeks to develop a product for approval pursuant to an
application for approval under subsection (b)(2) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or for licensing pursuant to an application under
section 351(k) of the Public Health Service Act (42 U.S.C.
262(k));
(5) the term ``license holder'' means the holder of an
application approved under subsection (c) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or
the holder of a license under subsection (a) or (k) of section
351 of the Public Health Service Act (42 U.S.C. 262) for a
covered product;
(6) the term ``REMS'' means a risk evaluation and
mitigation strategy under section 505-1 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355-1);
(7) the term ``REMS with ETASU'' means a REMS that contains
elements to assure safe use under section 505-1(f) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1(f));
(8) the term ``Secretary'' means the Secretary of Health
and Human Services;
(9) the term ``single, shared system of elements to assure
safe use'' means a single, shared system of elements to assure
safe use under section 505-1(f) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1(f)); and
(10) the term ``sufficient quantities'' means an amount of
a covered product that the eligible product developer
determines allows it to--
(A) conduct testing to support an application
under--
(i) subsection (b)(2) or (j) of section 505
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355); or
(ii) section 351(k) of the Public Health
Service Act (42 U.S.C. 262(k)); and
(B) fulfill any regulatory requirements relating to
approval of such an application.
(b) Civil Action for Failure To Provide Sufficient Quantities of a
Covered Product.--
(1) In general.--An eligible product developer may bring a
civil action against the license holder for a covered product
seeking relief under this subsection in an appropriate district
court of the United States alleging that the license holder has
declined to provide sufficient quantities of the covered
product to the eligible product developer on commercially
reasonable, market-based terms.
(2) Elements.--
(A) In general.--To prevail in a civil action
brought under paragraph (1), an eligible product
developer shall prove, by a preponderance of the
evidence--
(i) that--
(I) the covered product is not
subject to a REMS with ETASU; or
(II) if the covered product is
subject to a REMS with ETASU--
(aa) the eligible product
developer has obtained a
covered product authorization
from the Secretary in
accordance with subparagraph
(B); and
(bb) the eligible product
developer has provided a copy
of the covered product
authorization to the license
holder;
(ii) that, as of the date on which the
civil action is filed, the product developer
has not obtained sufficient quantities of the
covered product on commercially reasonable,
market-based terms;
(iii) that the eligible product developer
has submitted a written request to purchase
sufficient quantities of the covered product to
the license holder and such request--
(I) was sent to a named corporate
officer of the license holder;
(II) was made by certified or
registered mail with return receipt
requested;
(III) specified an individual as
the point of contact for the license
holder to direct communications related
to the sale of the covered product to
the eligible product developer and a
means for electronic and written
communications with that individual;
and
(IV) specified an address to which
the covered product was to be shipped
upon reaching an agreement to transfer
the covered product; and
(iv) that the license holder has not
delivered to the eligible product developer
sufficient quantities of the covered product on
commercially reasonable, market-based terms--
(I) for a covered product that is
not subject to a REMS with ETASU, by
the date that is 31 days after the date
on which the license holder received
the request for the covered product;
and
(II) for a covered product that is
subject to a REMS with ETASU, by 31
days after the later of--
(aa) the date on which the
license holder received the
request for the covered
product; or
(bb) the date on which the
license holder received a copy
of the covered product
authorization issued by the
Secretary in accordance with
subparagraph (B).
(B) Authorization for covered product subject to a
rems with etasu.--
(i) Request.--An eligible product developer
may submit to the Secretary a written request
for the eligible product developer to be
authorized to obtain sufficient quantities of
an individual covered product subject to a REMS
with ETASU.
(ii) Authorization.--Not later than 120
days after the date on which a request under
clause (i) is received, the Secretary shall, by
written notice, authorize the eligible product
developer to obtain sufficient quantities of an
individual covered product subject to a REMS
with ETASU for purposes of--
(I) development and testing that
does not involve human clinical trials,
if the eligible product developer has
agreed to comply with any conditions
the Secretary determines necessary; or
(II) development and testing that
involves human clinical trials, if the
eligible product developer has--
(aa)(AA) submitted
protocols, informed consent
documents, and informational
materials for testing that
include protections that
provide safety protections
comparable to those provided by
the REMS for the covered
product; or
(BB) otherwise satisfied
the Secretary that such
protections will be provided;
and
(bb) met any other
requirements the Secretary may
establish.
(iii) Notice.--A covered product
authorization issued under this subparagraph
shall state that the provision of the covered
product by the license holder under the terms
of the authorization will not be a violation of
the REMS for the covered product.
(3) Affirmative defense.--In a civil action brought under
paragraph (1), it shall be an affirmative defense, on which the
defendant has the burden of persuasion by a preponderance of
the evidence--
(A) that, on the date on which the eligible product
developer requested to purchase sufficient quantities
of the covered product from the license holder--
(i) neither the license holder nor any of
its agents, wholesalers, or distributors was
engaged in the manufacturing or commercial
marketing of the covered product; and
(ii) neither the license holder nor any of
its agents, wholesalers, or distributors
otherwise had access to inventory of the
covered product to supply to the eligible
product developer on commercially reasonable,
market-based terms;
(B) that--
(i) the license holder sells the covered
product through agents, distributors, or
wholesalers;
(ii) the license holder has placed no
restrictions, explicit or implicit, on its
agents, distributors, or wholesalers to sell
covered products to eligible product
developers; and
(iii) the covered product can be purchased
by the eligible product developer in sufficient
quantities on commercially reasonable, market-
based terms from the agents, distributors, or
wholesalers of the license holder; or
(C) that the license holder made an offer to the
individual specified pursuant to paragraph
(2)(A)(iii)(III), by a means of communication
(electronic, written, or both) specified pursuant to
such paragraph, to sell sufficient quantities of the
covered product to the eligible product developer at
commercially reasonable market-based terms--
(i) for a covered product that is not
subject to a REMS with ETASU, by the date that
is 14 days after the date on which the license
holder received the request for the covered
product, and the eligible product developer did
not accept such offer by the date that is 7
days after the date on which the eligible
product developer received such offer from the
license holder; or
(ii) for a covered product that is subject
to a REMS with ETASU, by the date that is 20
days after the date on which the license holder
received the request for the covered product,
and the eligible product developer did not
accept such offer by the date that is 10 days
after the date on which the eligible product
developer received such offer from the license
holder.
(4) Remedies.--
(A) In general.--If an eligible product developer
prevails in a civil action brought under paragraph (1),
the court shall--
(i) order the license holder to provide to
the eligible product developer without delay
sufficient quantities of the covered product on
commercially reasonable, market-based terms;
(ii) award to the eligible product
developer reasonable attorney's fees and costs
of the civil action; and
(iii) award to the eligible product
developer a monetary amount sufficient to deter
the license holder from failing to provide
eligible product developers with sufficient
quantities of a covered product on commercially
reasonable, market-based terms, if the court
finds, by a preponderance of the evidence--
(I) that the license holder delayed
providing sufficient quantities of the
covered product to the eligible product
developer without a legitimate business
justification; or
(II) that the license holder failed
to comply with an order issued under
clause (i).
(B) Maximum monetary amount.--A monetary amount
awarded under subparagraph (A)(iii) shall not be
greater than the revenue that the license holder earned
on the covered product during the period--
(i) beginning on--
(I) for a covered product that is
not subject to a REMS with ETASU, the
date that is 31 days after the date on
which the license holder received the
request; or
(II) for a covered product that is
subject to a REMS with ETASU, the date
that is 31 days after the later of--
(aa) the date on which the
license holder received the
request; or
(bb) the date on which the
license holder received a copy
of the covered product
authorization issued by the
Secretary in accordance with
paragraph (2)(B); and
(ii) ending on the date on which the
eligible product developer received sufficient
quantities of the covered product.
(C) Avoidance of delay.--The court may issue an
order under subparagraph (A)(i) before conducting
further proceedings that may be necessary to determine
whether the eligible product developer is entitled to
an award under clause (ii) or (iii) of subparagraph
(A), or the amount of any such award.
(c) Limitation of Liability.--A license holder for a covered
product shall not be liable for any claim under Federal, State, or
local law arising out of the failure of an eligible product developer
to follow adequate safeguards to assure safe use of the covered product
during development or testing activities described in this section,
including transportation, handling, use, or disposal of the covered
product by the eligible product developer.
(d) No Violation of REMS.--Section 505-1 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355-1) is amended by adding at the end the
following new subsection:
``(l) Provision of Samples Not a Violation of Strategy.--The
provision of samples of a covered product to an eligible product
developer (as those terms are defined in section 2113(a) of the
Strengthening Health Care and Lowering Prescription Drug Costs Act)
shall not be considered a violation of the requirements of any risk
evaluation and mitigation strategy that may be in place under this
section for such drug.''.
(e) Rule of Construction.--
(1) Definition.--In this subsection, the term ``antitrust
laws''--
(A) has the meaning given the term in subsection
(a) of the first section of the Clayton Act (15 U.S.C.
12); and
(B) includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that such
section applies to unfair methods of competition.
(2) Antitrust laws.--Nothing in this section shall be
construed to limit the operation of any provision of the
antitrust laws.
SEC. 21022. REMS APPROVAL PROCESS FOR SUBSEQUENT FILERS.
Section 505-1 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355-1), as amended by section 21131, is further amended--
(1) in subsection (g)(4)(B)--
(A) in clause (i) by striking ``or'' after the
semicolon;
(B) in clause (ii) by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) accommodate different, comparable
aspects of the elements to assure safe use for
a drug that is the subject of an application
under section 505(j), and the applicable listed
drug.'';
(2) in subsection (i)(1), by striking subparagraph (C) and
inserting the following:
``(C)(i) Elements to assure safe use, if required
under subsection (f) for the listed drug, which,
subject to clause (ii), for a drug that is the subject
of an application under section 505(j) may use--
``(I) a single, shared system with the
listed drug under subsection (f); or
``(II) a different, comparable aspect of
the elements to assure safe use under
subsection (f).
``(ii) The Secretary may require a drug that is the
subject of an application under section 505(j) and the
listed drug to use a single, shared system under
subsection (f), if the Secretary determines that no
different, comparable aspect of the elements to assure
safe use could satisfy the requirements of subsection
(f).'';
(3) in subsection (i), by adding at the end the following:
``(3) Shared rems.--If the Secretary approves, in
accordance with paragraph (1)(C)(i)(II), a different,
comparable aspect of the elements to assure safe use under
subsection (f) for a drug that is the subject of an abbreviated
new drug application under section 505(j), the Secretary may
require that such different comparable aspect of the elements
to assure safe use can be used with respect to any other drug
that is the subject of an application under section 505(j) or
505(b) that references the same listed drug.''; and
(4) by adding at the end the following:
``(m) Separate REMS.--When used in this section, the terms
`different, comparable aspect of the elements to assure safe use' or
`different, comparable approved risk evaluation and mitigation
strategies' means a risk evaluation and mitigation strategy for a drug
that is the subject of an application under section 505(j) that uses
different methods or operational means than the strategy required under
subsection (a) for the applicable listed drug, or other application
under section 505(j) with the same such listed drug, but achieves the
same level of safety as such strategy.''.
SEC. 21023. RULE OF CONSTRUCTION.
(a) In General.--Nothing in this subpart, the amendments made by
this subpart, or in section 505-1 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355-1), shall be construed as--
(1) prohibiting a license holder from providing an eligible
product developer access to a covered product in the absence of
an authorization under this subpart; or
(2) in any way negating the applicability of a REMS with
ETASU, as otherwise required under such section 505-1, with
respect to such covered product.
(b) Definitions.--In this section, the terms ``covered product'',
``eligible product developer'', ``license holder'', and ``REMS with
ETASU'' have the meanings given such terms in section 2113(a).
Subpart D--Study on Role of Federal Assistance in Drug Development
SEC. 21025. STUDY ON ROLE OF FEDERAL ASSISTANCE IN DRUG DEVELOPMENT.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Health and Human Services
shall enter into a contract with the National Academy of Medicine to
conduct a study on, and submit to Congress a report on, the following:
(1) The percentage of drugs developed in the United States
using at least some amount of Federal funding from any Federal
source.
(2) The average cost incurred by a drug developer to
develop a drug.
(3) The average amount of revenue and profits made by drug
developers from the sales of drugs.
(4) The percentage of such revenue and profits that are
reinvested into research and development of new drugs.
(5) The appropriate percentage, if any, of such revenue and
profits the Secretary, in consultation with the National
Academy of Medicine, recommends should be returned to Federal
entities for Federal funding used in the development of the
drugs involved.
(b) Enforcement.--A drug developer shall, as a condition of receipt
of any Federal funding for the development of drugs, comply with any
request for the data necessary to perform the study under subsection
(a).
(c) Confidentiality.--This section does not authorize the
disclosure of any trade secret, confidential commercial or financial
information, or other matter listed in section 552(b) of title 5,
United States Code.
(d) Definitions.--In this section:
(1) The term ``drug'' has the meaning given such term in
section 201 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321).
(2) The term ``drug developer'' means an entity that
submitted, and received approval of, an application under
section 505 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355) or section 351 of the Public Health Service Act (42
U.S.C. 262).
Subpart E--Pharmacy School Outreach
SEC. 21031. PHARMACY SCHOOL OUTREACH.
The Secretary of Health and Human Services and the Secretary of
Education shall make every effort necessary to ensure appropriate
outreach to institutions of higher education to ensure that students
and faculty at schools of pharmacy are provided with materials
regarding generic drugs and biosimilar biological products, including
materials on--
(1) how generic drugs and biosimilar biological products
are equivalent or similar to brand-name drugs;
(2) the approval process at the Food and Drug
Administration for generic drugs and biosimilar biological
products;
(3) how to make consumers aware of the availability of
generic drugs and biosimilar biological products;
(4) requirements for substituting generic drugs and
biosimliar biological products in place of corresponding drugs
products; and
(5) the impacts of generic drugs and biosimilar biological
products on consumer costs.
Subpart F--Reports
SEC. 21035. EFFECTS OF INCREASES IN PRESCRIPTION DRUG PRICE.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Health and Human Services shall submit a report to the
Congress on the extent to which increases in prescription drug prices
may have caused Medicare beneficiaries to forego recommended treatment,
including failing to fill prescriptions.
PART 2--HEALTH INSURANCE MARKET STABILIZATION
SEC. 21041. PRESERVING STATE OPTION TO IMPLEMENT HEALTH CARE
MARKETPLACES.
(a) In General.--Section 1311 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B), by striking ``under this
subsection'' and inserting ``under this paragraph or
paragraph (1)''; and
(B) by adding at the end the following new
paragraph:
``(6) Additional planning and establishment grants.--
``(A) In general.--There shall be appropriated to
the Secretary, out of any moneys in the Treasury not
otherwise appropriated, $200 million to award grants to
eligible States for the uses described in paragraph
(3).
``(B) Duration and renewability.--A grant awarded
under subparagraph (A) shall be for a period of 2 years
and may not be renewed.
``(C) Limitation.--A grant may not be awarded under
subparagraph (A) after December 31, 2023.
``(D) Eligible state defined.--For purposes of this
paragraph, the term `eligible State' means a State
that, as of the date of the enactment of this
paragraph, is not operating an Exchange (other than an
Exchange described in section 155.200(f) of title 45,
Code of Federal Regulations).''; and
(2) in subsection (d)(5)(A)--
(A) by striking ``operations.--In establishing an
Exchange under this section'' and inserting
``operations.--
``(i) In general.--In establishing an
Exchange under this section (other than in
establishing an Exchange pursuant to a grant
awarded under subsection (a)(6))''; and
(B) by adding at the end the following:
``(ii) Additional planning and
establishment grants.--In establishing an
Exchange pursuant to a grant awarded under
subsection (a)(6), the State shall ensure that
such Exchange is self-sustaining beginning on
January 1, 2025, including allowing the
Exchange to charge assessments or user fees to
participating health insurance issuers, or to
otherwise generate funding, to support its
operations.''.
(b) Clarification Regarding Failure to Establish Exchange or
Implement Requirements.--Section 1321(c) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18041(c)) is amended--
(1) in paragraph (1), by striking ``If'' and inserting
``Subject to paragraph (3), if''; and
(2) by adding at the end the following new paragraph:
``(3) Clarification.--This subsection shall not apply in
the case of a State that elects to apply the requirements
described in subsection (a) and satisfies the requirement
described in subsection (b) on or after January 1, 2014.''.
SEC. 21042. PROVIDING FOR ADDITIONAL REQUIREMENTS WITH RESPECT TO THE
NAVIGATOR PROGRAM.
(a) In General.--Section 1311(i) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031(i)) is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Selection of recipients.--In the case of an
Exchange established and operated by the Secretary
within a State pursuant to section 1321(c), in awarding
grants under paragraph (1), the Exchange shall--
``(i) select entities to receive such
grants based on an entity's demonstrated
capacity to carry out each of the duties
specified in paragraph (3);
``(ii) not take into account whether or not
the entity has demonstrated how the entity will
provide information to individuals relating to
group health plans offered by a group or
association of employers described in section
2510.3-5(b) of title 29, Code of Federal
Regulations (or any successor regulation), or
short-term limited duration insurance (as
defined by the Secretary for purposes of
section 2791(b)(5) of the Public Health Service
Act); and
``(iii) ensure that, each year, the
Exchange awards such a grant to--
``(I) at least one entity described
in this paragraph that is a community
and consumer-focused nonprofit group;
and
``(II) at least one entity
described in subparagraph (B), which
may include another community and
consumer-focused nonprofit group in
addition to any such group awarded a
grant pursuant to subclause (I).
In awarding such grants, an Exchange may consider an
entity's record with respect to waste, fraud, and abuse
for purposes of maintaining the integrity of such
Exchange.''.
(2) in paragraph (3)--
(A) by amending subparagraph (C) to read as
follows:
``(C) facilitate enrollment, including with respect
to individuals with limited English proficiency and
individuals with chronic illnesses, in qualified health
plans, State medicaid plans under title XIX of the
Social Security Act, and State child health plans under
title XXI of such Act;'';
(B) in subparagraph (D), by striking ``and'' at the
end;
(C) in subparagraph (E), by striking the period at
the end and inserting a semicolon;
(D) by inserting after subparagraph (E) the
following:
``(F) conduct public education activities in plain
language to raise awareness of the requirements of and
the protections provided under--
``(i) the essential health benefits package
(as defined in section 1302(a)); and
``(ii) section 2726 of the Public Health
Service Act (relating to parity in mental
health and substance use disorder benefits);
and'';
(E) by inserting after subparagraph (F) (as added
by subparagraph (D)) the following new subparagraph:
``(G) provide referrals to community-based
organizations that address social needs related to
health outcomes.''; and
(F) by adding at the end the following flush left
sentence:
``The duties specified in the preceding sentences may be
carried out by such a navigator at any time during a year.'';
(3) in paragraph (4)(A)--
(A) in the matter preceding clause (i), by striking
``not'';
(B) in clause (i)--
(i) by inserting ``not'' before ``be''; and
(ii) by striking ``; or'' and inserting a
semicolon;
(C) in clause (ii)--
(i) by inserting ``not'' before
``receive''; and
(ii) by striking the period and inserting a
semicolon; and
(D) by adding at the end the following new clauses:
``(iii) maintain physical presence in the
State of the Exchange so as to allow in-person
assistance to consumers;
``(iv) receive training on how to assist
individuals with enrolling for medical
assistance under State plans under the Medicaid
program under title XIX of the Social Security
Act or for child health assistance under State
child health plans under title XXI of such Act;
and
``(v) receive opioid specific education and
training that ensures the navigator can best
educate individuals on qualified health plans
offered through an Exchange, specifically
coverage under such plans for opioid health
care treatment.''; and
(4) in paragraph (6)--
(A) by striking ``Funding.--Grants under'' and
inserting ``Funding.--
``(A) State exchanges.--Subject to subparagraph
(C), grants under''; and
(B) by adding at the end the following new
subparagraphs:
``(B) Federal exchanges.--For purposes of carrying
out this subsection, with respect to an Exchange
established and operated by the Secretary within a
State pursuant to section 1321(c), the Secretary shall
obligate $100 million out of amounts collected through
the user fees on participating health insurance issuers
pursuant to section 156.50 of title 45, Code of Federal
Regulations (or any successor regulations) for fiscal
year 2022 and each subsequent fiscal year. Such amount
for a fiscal year shall remain available until
expended.
``(C) State exchanges.--For the purposes of
carrying out this subsection, with respect to an
Exchange operated by a State pursuant to this section,
there is authorized to be appropriated $25 million for
fiscal year 2022 and each subsequent fiscal year. Each
State receiving a grant pursuant to this subparagraph
shall receive a grant in an amount that is not less
than $1 million.''.
(b) Study on Effects of Funding Cuts.--Not later than 1 year after
the date of the enactment of this Act, the Comptroller General of the
United States shall study the effects of funding cuts made for plan
year 2020 with respect to the navigator program (as described in
section 1311(i) of the Patient Protection and Affordable Care Act (42
U.S.C. 18031(i))) and other education and outreach activities carried
out with respect to Exchanges established by the Secretary of Health
and Human Services pursuant to section 1321(c) of such Act. Such study
shall describe the following:
(1) How such funding cuts negatively impacted the ability
of entities under such program to conduct outreach activities
and fulfill duties required under such section 1311(i).
(2) The overall effect on--
(A) the number of individuals enrolled in health
insurance coverage offered in the individual market for
plan year 2021; and
(B) the costs of health insurance coverage offered
in the individual market.
(c) Promote Transparency and Accountability in the Administration's
Expenditures of Exchange User Fees.--For plan year 2021 and each
subsequent plan year, not later than the date that is 3 months after
the end of such plan year, the Secretary of Health and Human Services
shall submit to the appropriate committees of Congress and make
available to the public an annual report on the expenditures by the
Department of Health and Human Services of user fees collected pursuant
to section 156.50 of title 45, Code of Federal Regulations (or any
successor regulations). Each such report for a plan year shall include
a detailed accounting of the amount of such user fees collected during
such plan year and of the amount of such expenditures used during such
plan year for the federally facilitated Exchange operated pursuant to
section 1321(c) of the Patient Protection and Affordable Care Act (42
U.S.C. 18041(c)) on outreach and enrollment activities, navigators,
maintenance of Healthcare.gov, and operation of call centers.
(d) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2021.
SEC. 21043. FEDERAL EXCHANGE OUTREACH AND EDUCATIONAL ACTIVITIES AND
ANNUAL ENROLLMENT TARGETS.
(a) In General.--Section 1321(c) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18041(c)), as amended by section
21171(b)(2), is further amended by adding at the end the following new
paragraphs:
``(4) Outreach and educational activities.--
``(A) In general.--In the case of an Exchange
established or operated by the Secretary within a State
pursuant to this subsection, the Secretary shall carry
out outreach and educational activities for purposes of
informing individuals about qualified health plans
offered through the Exchange, including by informing
such individuals of the availability of coverage under
such plans and financial assistance for coverage under
such plans. Such outreach and educational activities
shall be provided in a manner that is culturally and
linguistically appropriate to the needs of the
populations being served by the Exchange (including
hard-to-reach populations, such as racial and sexual
minorities, limited English proficient populations,
individuals residing in areas where the unemployment
rates exceeds the national average unemployment rate,
individuals in rural areas, veterans, and young adults)
and shall be provided to populations residing in high
health disparity areas (as defined in subparagraph (E))
served by the Exchange, in addition to other
populations served by the Exchange.
``(B) Limitation on use of funds.--No funds
appropriated under this paragraph shall be used for
expenditures for promoting non-ACA compliant health
insurance coverage.
``(C) Non-aca compliant health insurance
coverage.--For purposes of subparagraph (B):
``(i) The term `non-ACA compliant health
insurance coverage' means health insurance
coverage, or a group health plan, that is not a
qualified health plan.
``(ii) Such term includes the following:
``(I) An association health plan.
``(II) Short-term limited duration
insurance.
``(D) Funding.--Out of any funds in the Treasury
not otherwise appropriated, there are hereby
appropriated for fiscal year 2022 and each subsequent
fiscal year, $100 million to carry out this paragraph.
Funds appropriated under this subparagraph shall remain
available until expended.
``(E) High health disparity area defined.--For
purposes of subparagraph (A), the term `high health
disparity area' means a contiguous geographic area
that--
``(i) is located in one census tract or ZIP
code;
``(ii) has measurable and documented
racial, ethnic, or geographic health
disparities;
``(iii) has a low-income population, as
demonstrated by--
``(I) average income below 138
percent of the Federal poverty line; or
``(II) a rate of participation in
the special supplemental nutrition
program under section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786)
that is higher than the national
average rate of participation in such
program;
``(iv) has poor health outcomes, as
demonstrated by--
``(I) lower life expectancy than
the national average; or
``(II) a higher percentage of
instances of low birth weight than the
national average; and
``(v) is part of a Metropolitan Statistical
Area identified by the Office of Management and
Budget.
``(5) Annual enrollment targets.--For plan year 2021 and
each subsequent plan year, in the case of an Exchange
established or operated by the Secretary within a State
pursuant to this subsection, the Secretary shall establish
annual enrollment targets for such Exchange for such year.''.
(b) Study and Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
release to Congress all aggregated documents relating to studies and
data sets that were created on or after January 1, 2014, and related to
marketing and outreach with respect to qualified health plans offered
through Exchanges under title I of the Patient Protection and
Affordable Care Act.
SEC. 21044. SHORT-TERM LIMITED DURATION INSURANCE RULE PROHIBITION.
(a) Findings.--Congress finds the following:
(1) On August 3, 2018, the Administration issued a final
rule entitled ``Short-Term, Limited-Duration Insurance'' (83
Fed. Reg. 38212).
(2) The final rule dramatically expands the sale and
marketing of insurance that--
(A) may discriminate against individuals living
with preexisting health conditions, including children
with complex medical needs and disabilities and their
families;
(B) lacks important financial protections provided
by the Patient Protection and Affordable Care Act
(Public Law 111-148), including the prohibition of
annual and lifetime coverage limits and annual out-of-
pocket limits, that may increase the cost of treatment
and cause financial hardship to those requiring medical
care, including children with complex medical needs and
disabilities and their families; and
(C) excludes coverage of essential health benefits
including hospitalization, prescription drugs, and
other lifesaving care.
(3) The implementation and enforcement of the final rule
weakens critical protections for up to 130 million Americans
living with preexisting health conditions and may place a large
financial burden on those who enroll in short-term limited-
duration insurance, which jeopardizes Americans' access to
quality, affordable health insurance.
(b) Prohibition.--The Secretary of Health and Human Services, the
Secretary of the Treasury, and the Secretary of Labor may not take any
action to implement, enforce, or otherwise give effect to the rule
entitled ``Short-Term, Limited Duration Insurance'' (83 Fed. Reg. 38212
(August 3, 2018)), and the Secretaries may not promulgate any
substantially similar rule.
SEC. 21045. PROTECTION OF HEALTH INSURANCE COVERAGE IN CERTAIN
EXCHANGES.
In the case of an Exchange that the Secretary of Health and Human
Services operates pursuant to section 1321(c)(1) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18041(c)(1)), the
Secretary may not implement any process that would terminate the health
insurance coverage of an enrollee solely because such enrollee did not
actively enroll during the most recent open enrollment period.
SEC. 21046. SENSE OF CONGRESS RELATING TO THE PRACTICE OF SILVER
LOADING.
It is the sense of Congress that the Secretary of Health and Human
Services should not take any action to prohibit or otherwise restrict
the practice commonly known as ``silver loading'' (as described in the
rule entitled ``Patient Protection and Affordable Care Act; HHS Notice
of Benefit and Payment Parameters for 2021'' published on April 25,
2019 (84 Fed. Reg. 17533)).
SEC. 21047. CONSUMER OUTREACH, EDUCATION, AND ASSISTANCE.
(a) Open Enrollment Reports.--For plan year 2021 and each
subsequent year, the Secretary of Health and Human Services (referred
to in this section as the ``Secretary''), in coordination with the
Secretary of the Treasury and the Secretary of Labor, shall issue
biweekly public reports during the annual open enrollment period on the
performance of the Federal Exchange. Each such report shall include a
summary, including information on a State-by-State basis where
available, of--
(1) the number of unique website visits;
(2) the number of individuals who create an account;
(3) the number of calls to the call center;
(4) the average wait time for callers contacting the call
center;
(5) the number of individuals who enroll in a qualified
health plan; and
(6) the percentage of individuals who enroll in a qualified
health plan through each of--
(A) the website;
(B) the call center;
(C) navigators;
(D) agents and brokers;
(E) the enrollment assistant program;
(F) directly from issuers or web brokers; and
(G) other means.
(b) Open Enrollment After Action Report.--For plan year 2021 and
each subsequent year, the Secretary, in coordination with the Secretary
of the Treasury and the Secretary of Labor, shall publish an after
action report not later than 3 months after the completion of the
annual open enrollment period regarding the performance of the Federal
Exchange for the applicable plan year. Each such report shall include a
summary, including information on a State-by-State basis where
available, of--
(1) the open enrollment data reported under subsection (a)
for the entirety of the enrollment period; and
(2) activities related to patient navigators described in
section 1311(i) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18031(i)), including--
(A) the performance objectives established by the
Secretary for such patient navigators;
(B) the number of consumers enrolled by such a
patient navigator;
(C) an assessment of how such patient navigators
have met established performance metrics, including a
detailed list of all patient navigators, funding
received by patient navigators, and whether established
performance objectives of patient navigators were met;
and
(D) with respect to the performance objectives
described in subparagraph (A)--
(i) whether such objectives assess the full
scope of patient navigator responsibilities,
including general education, plan selection,
and determination of eligibility for tax
credits, cost-sharing reductions, or other
coverage;
(ii) how the Secretary worked with patient
navigators to establish such objectives; and
(iii) how the Secretary adjusted such
objectives for case complexity and other
contextual factors.
(c) Report on Advertising and Consumer Outreach.--Not later than 3
months after the completion of the annual open enrollment period for
the 2021 plan year, the Secretary shall issue a report on advertising
and outreach to consumers for the open enrollment period for the 2021
plan year. Such report shall include a description of--
(1) the division of spending on individual advertising
platforms, including television and radio advertisements and
digital media, to raise consumer awareness of open enrollment;
(2) the division of spending on individual outreach
platforms, including email and text messages, to raise consumer
awareness of open enrollment; and
(3) whether the Secretary conducted targeted outreach to
specific demographic groups and geographic areas.
SEC. 21048. GAO REPORT.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
study that analyzes the costs and benefits of the establishment of
State-administered health insurance plans to be offered in the
insurance market of such States that choose to administer and offer
such a plan.
SEC. 21049. REPORT ON THE EFFECTS OF WEBSITE MAINTENANCE DURING OPEN
ENROLLMENT.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report examining whether the Department of Health and Human Services
has been conducting maintenance on the website commonly referred to as
``Healthcare.gov'' during annual open enrollment periods (as described
in section 1311(c)(6)(B) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18031(c)(6)(B)) in such a manner so as to minimize any
disruption to the use of such website resulting from such maintenance.
PART 3--BUDGETARY EFFECTS
SEC. 21051. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this subtitle, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this subtitle, submitted for
printing in the Congressional Record by the Chairman of the House
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
Subtitle J--Resident Physician Shortage Reduction
SEC. 21101. SHORT TITLE.
This subtitle may be cited as the ``Resident Physician Shortage
Reduction Act of 2020''.
SEC. 21102. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395ww(h)) is amended--
(1) in paragraph (4)(F)(i), by striking ``paragraphs (7)
and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
(2) in paragraph (4)(H)(i), by striking ``paragraphs (7)
and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
(3) in paragraph (7)(E), by inserting ``paragraph (9),''
after ``paragraph (8),''; and
(4) by adding at the end the following new paragraph:
``(9) Distribution of additional residency positions.--
``(A) Additional residency positions.--
``(i) In general.--For each of fiscal years
2022 through 2026 (and succeeding fiscal years
if the Secretary determines that there are
additional residency positions available to
distribute under clause (iv)(II)), the
Secretary shall, subject to clause (ii) and
subparagraph (D), increase the otherwise
applicable resident limit for each qualifying
hospital that submits a timely application
under this subparagraph by such number as the
Secretary may approve for portions of cost
reporting periods occurring on or after July 1
of the fiscal year of the increase.
``(ii) Number available for distribution.--
For each such fiscal year, the Secretary shall
determine the total number of additional
residency positions available for distribution
under clause (i) in accordance with the
following:
``(I) Allocation to hospitals
already operating over resident
limit.--One-third of such number shall
be available for distribution only to
hospitals described in subparagraph
(B).
``(II) Aggregate limitation.--
Except as provided in clause (iv)(I),
the aggregate number of increases in
the otherwise applicable resident limit
under this subparagraph shall be equal
to 3,000 in each such year.
``(iii) Process for distributing
positions.--
``(I) Rounds of applications.--The
Secretary shall initiate 5 separate
rounds of applications for an increase
under clause (i), 1 round with respect
to each of 2022 through 2026.
``(II) Number available.--In each
of such rounds, the aggregate number of
positions available for distribution in
the fiscal year under clause (ii) shall
be distributed, plus any additional
positions available under clause (iv).
``(III) Timing.--The Secretary
shall notify hospitals of the number of
positions distributed to the hospital
under this paragraph as a result of an
increase in the otherwise applicable
resident limit by January 1 of the
fiscal year of the increase. Such
increase shall be effective for
portions of cost reporting periods
beginning on or after July 1 of that
fiscal year.
``(iv) Positions not distributed during the
fiscal year.--
``(I) In general.--If the number of
resident full-time equivalent positions
distributed under this paragraph in a
fiscal year is less than the aggregate
number of positions available for
distribution in the fiscal year (as
described in clause (ii), including
after application of this subclause),
the difference between such number
distributed and such number available
for distribution shall be added to the
aggregate number of positions available
for distribution in the following
fiscal year.
``(II) Exception if positions not
distributed by end of fiscal year
2026.--If the aggregate number of
positions distributed under this
paragraph during the 5-year period of
fiscal years 2022 through 2026 is less
than 15,000, the Secretary shall, in
accordance with the provisions of
clause (ii) and subparagraph (D) and
the considerations and priority
described in subparagraph (C), conduct
an application and distribution process
in each subsequent fiscal year until
such time as the aggregate amount of
positions distributed under this
paragraph is equal to 15,000.
``(B) Allocation of distribution for positions to
hospitals already operating over resident limit.--
``(i) In general.--Subject to clauses (ii)
and (iii), in the case of a hospital in which
the reference resident level of the hospital
(as specified in subparagraph (G)(iii)) is
greater than the otherwise applicable resident
limit, the increase in the otherwise applicable
resident limit under subparagraph (A) for a
fiscal year described in such subparagraph
shall be an amount equal to the product of the
total number of additional residency positions
available for distribution under subparagraph
(A)(ii)(I) for such fiscal year and the
quotient of--
``(I) the number of resident
positions by which the reference
resident level of the hospital exceeds
the otherwise applicable resident limit
for the hospital; and
``(II) the number of resident
positions by which the reference
resident level of all such hospitals
with respect to which an application is
approved under this paragraph exceeds
the otherwise applicable resident limit
for such hospitals.
``(ii) Requirements.--A hospital described
in clause (i)--
``(I) is not eligible for an
increase in the otherwise applicable
resident limit under this subparagraph
unless the amount by which the
reference resident level of the
hospital exceeds the otherwise
applicable resident limit is not less
than 10 and the hospital trains at
least 25 percent of the full-time
equivalent residents of the hospital in
primary care and general surgery (as of
the date of enactment of this
paragraph); and
``(II) shall continue to train at
least 25 percent of the full-time
equivalent residents of the hospital in
primary care and general surgery for
the 5-year period beginning on such
date.
In the case where the Secretary determines that
a hospital described in clause (i) no longer
meets the requirement of subclause (II), the
Secretary may reduce the otherwise applicable
resident limit of the hospital by the amount by
which such limit was increased under this
subparagraph.
``(iii) Clarification regarding eligibility
for other additional residency positions.--
Nothing in this subparagraph shall be construed
as preventing a hospital described in clause
(i) from applying for and receiving additional
residency positions under this paragraph that
are not reserved for distribution under this
subparagraph.
``(C) Distribution of other positions.--For
purposes of determining an increase in the otherwise
applicable resident limit under subparagraph (A) (other
than such an increase described in subparagraph (B)),
the following shall apply:
``(i) Considerations in distribution.--In
determining for which hospitals such an
increase is provided under subparagraph (A),
the Secretary shall take into account the
demonstrated likelihood of the hospital filling
the positions made available under this
paragraph within the first 5 cost reporting
periods beginning after the date the increase
would be effective, as determined by the
Secretary.
``(ii) Priority for certain hospitals.--
Subject to clause (iii), in determining for
which hospitals such an increase is provided,
the Secretary shall distribute the increase in
the following priority order:
``(I) First, to hospitals in States
with--
``(aa) new medical schools
that received `Candidate
School' status from the Liaison
Committee on Medical Education
or that received `Pre-
Accreditation' status from the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation on or after
January 1, 2000, and that have
achieved or continue to
progress toward `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or toward `Accreditation'
status (as such term is defined
by the American Osteopathic
Association Commission on
Osteopathic College
Accreditation); or
``(bb) additional locations
and branch campuses established
on or after January 1, 2000, by
medical schools with `Full
Accreditation' status (as such
term is defined by the Liaison
Committee on Medical Education)
or `Accreditation' status (as
such term is defined by the
American Osteopathic
Association Commission on
Osteopathic College
Accreditation).
``(II) Second, to hospitals with
which the Secretary cooperates under
section 7302(d) of title 38, United
States Code.
``(III) Third, to hospitals that
emphasize training in community-based
settings or in hospital outpatient
departments.
``(IV) Fourth, to hospitals that
are not located in a rural area and
operate an approved medical residency
training program (or rural track) in a
rural area or an approved medical
residency training program with an
integrated rural track.
``(V) Fifth, to all other
hospitals.
``(iii) Distribution to hospitals in higher
priority group prior to distribution in lower
priority groups.--The Secretary may only
distribute such an increase to a lower priority
group under clause (ii) if all qualifying
hospitals in the higher priority group or
groups have received the maximum number of
increases under such subparagraph that the
hospital is eligible for under this paragraph
for the fiscal year.
``(iv) Requirements for use of additional
positions.--
``(I) In general.--Subject to
subclause (II), a hospital that
receives such an increase shall ensure,
during the 5-year period beginning on
the effective date of such increase,
that--
``(aa) not less than 50
percent of the positions
attributable to such increase
that are used in a given year
during such 5-year period are
used to train full-time
equivalent residents in a
shortage specialty residency
program (as defined in
subparagraph (G)(iv)), as
determined by the Secretary at
the end of such 5-year period;
``(bb) the total number of
full-time equivalent residents,
excluding any additional
positions attributable to such
increase, is not less than the
average number of full-time
equivalent residents during the
3 most recent cost reporting
periods ending on or before the
effective date of such
increase; and
``(cc) the ratio of full-
time equivalent residents in a
shortage specialty residency
program (as so defined) is not
less than the average ratio of
full-time equivalent residents
in such a program during the 3
most recent cost reporting
periods ending on or before the
effective date of such
increase.
``(II) Redistribution of positions
if hospital no longer meets certain
requirements.--With respect to each
fiscal year described in subparagraph
(A), the Secretary shall determine
whether or not a hospital described in
subclause (I) meets the requirements of
such subclause. In the case that the
Secretary determines that such a
hospital does not meet such
requirements, the Secretary shall--
``(aa) reduce the otherwise
applicable resident limit of
the hospital by the amount by
which such limit was increased
under this paragraph; and
``(bb) provide for the
distribution of positions
attributable to such reduction
in accordance with the
requirements of this paragraph.
``(D) Limitation.--A hospital may not receive more
than 75 full-time equivalent additional residency
positions under this paragraph for any fiscal year.
``(E) Application of per resident amounts for
primary care and nonprimary care.--With respect to
additional residency positions in a hospital
attributable to the increase provided under this
paragraph, the approved FTE per resident amounts are
deemed to be equal to the hospital per resident amounts
for primary care and nonprimary care computed under
paragraph (2)(D) for that hospital.
``(F) Permitting facilities to apply aggregation
rules.--The Secretary shall permit hospitals receiving
additional residency positions attributable to the
increase provided under this paragraph to, beginning in
the fifth year after the effective date of such
increase, apply such positions to the limitation amount
under paragraph (4)(F) that may be aggregated pursuant
to paragraph (4)(H) among members of the same
affiliated group.
``(G) Definitions.--In this paragraph:
``(i) Otherwise applicable resident
limit.--The term `otherwise applicable resident
limit' means, with respect to a hospital, the
limit otherwise applicable under subparagraphs
(F)(i) and (H) of paragraph (4) on the resident
level for the hospital determined without
regard to this paragraph but taking into
account paragraphs (7)(A), (7)(B), (8)(A), and
(8)(B).
``(ii) Reference resident level.--Except as
otherwise provided in subclause (II), the term
`reference resident level' means, with respect
to a hospital, the resident level for the most
recent cost reporting period of the hospital
ending on or before the date of enactment of
this paragraph, for which a cost report has
been settled (or, if not, submitted (subject to
audit)), as determined by the Secretary.
``(iii) Resident level.--The term `resident
level' has the meaning given such term in
paragraph (7)(C)(i).
``(iv) Shortage specialty residency
program.--The term `shortage specialty
residency program' means any approved residency
training program in a specialty identified in
the report entitled `The Physician Workforce:
Projections and Research into Current Issues
Affecting Supply and Demand', issued in
December 2008 by the Health Resources and
Services Administration, as a specialty whose
baseline physician requirements projections
exceed the projected supply of total active
physicians for the period of 2005 through
2021.''.
(b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
U.S.C. 1395ww(d)(5)(B)) is amended--
(1) in clause (v), in the third sentence, by striking
``subsections (h)(7) and (h)(8)'' and inserting ``subsections
(h)(7), (h)(8), and (h)(9)'';
(2) by redesignating clause (x), as added by section
5505(b) of the Patient Protection and Affordable Care Act
(Public Law 111-148), as clause (xi) and moving such clause 4
ems to the left; and
(3) by adding after clause (xi), as redesignated by
subparagraph (A), the following new clause:
``(xii) For discharges occurring on or
after July 1, 2021, insofar as an additional
payment amount under this subparagraph is
attributable to resident positions distributed
to a hospital under subsection (h)(9), the
indirect teaching adjustment factor shall be
computed in the same manner as provided under
clause (ii) with respect to such resident
positions.''.
SEC. 21103. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study on strategies for increasing the diversity of the health
professional workforce. Such study shall include an analysis of
strategies for increasing the number of health professionals from
rural, lower income, and underrepresented minority communities,
including which strategies are most effective for achieving such goal.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the study conducted under subsection (a), together with recommendations
for such legislation and administrative action as the Comptroller
General determines appropriate.
Subtitle K--Direct Medicare Payment for Services Furnished By Physician
Assistants
SEC. 21201. DIRECT MEDICARE PAYMENT FOR SERVICES FURNISHED BY PHYSICIAN
ASSISTANTS.
(a) In General.--Section 1832(a)(2)(B) of the Social Security Act
(42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) services of a physician assistant but
only if no facility or other provider charges
or is paid any amounts with respect to the
furnishing of such services;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to services furnished on or after July 1, 2021.
Subtitle L--Incentivizing Medicaid Expansion
SEC. 21301. SHORT TITLE.
This subtitle may be cited as the ``Incentivizing Medicaid
Expansion Act of 2020''.
SEC. 21302. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 1905(y)(1) of the Social Security Act (42
U.S.C. 1396d(y)(1)) is amended--
(1) 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'';
(2) 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'';
(3) 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'';
(4) 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
(5) 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''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Patient Protection
and Affordable Care Act.
Subtitle M--Medicaid Expansion Parity
SEC. 21401. SHORT TITLE.
This subtitle may be cited as the ``Medicaid Expansion Parity Act
of 2020''.
SEC. 21402. PARITY IN THE TIMING OF THE APPLICATION OF HIGHER MEDICAID
FEDERAL MATCHING RATES FOR ACA NEWLY ELIGIBLE
INDIVIDUALS.
(a) In General.--Section 1905(y)(1) of the Social Security Act (42
U.S.C. 1396d(y)(1)) is amended--
(1) in subparagraph (A), by striking ``for calendar
quarters in 2014, 2015, and 2016'' and inserting ``for calendar
quarters in the 12-calendar-quarter period beginning with the
first calendar quarter in which the State provides medical
assistance to newly eligible individuals'';
(2) in subparagraph (B), by striking ``for calendar
quarters in 2017'' and inserting ``for the next 4 calendar
quarters for such State'';
(3) in subparagraph (C), by striking ``for calendar
quarters in 2018'' and inserting ``for the next 4 calendar
quarters for such State'';
(4) in subparagraph (D), by striking ``for calendar
quarters in 2019'' and inserting ``for the next 4 calendar
quarters for such State''; and
(5) in subparagraph (E), by striking ``for calendar
quarters in 2020 and each year thereafter'' and inserting ``for
each succeeding calendar quarter for such State''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Patient Protection
and Affordable Care Act.
Subtitle N--Equality in Medicare and Medicaid Treatment
SEC. 21501. SHORT TITLE.
This subtitle may be cited as the ``Equality in Medicare and
Medicaid Treatment Act of 2020''.
SEC. 21502. IMPROVING ACCESS TO CARE FOR MEDICARE AND MEDICAID
BENEFICIARIES.
Section 1115A of the Social Security Act (42 U.S.C. 1315a) is
amended--
(1) in subsection (a)(3)--
(A) by inserting ``, the causes of health
disparities and social determinants of health,'' after
``medicine''; and
(B) by inserting ``, the Office of Minority Health
of the Centers for Medicare & Medicaid Services, the
Office of Rural Health Policy, and the Office on
Women's Health'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting after the first
sentence, the following new sentence:
``Prior to model selection, the
Secretary shall consult with the Office
of Minority Health of the Centers for
Medicare & Medicaid Services, the
Federal Office of Rural Health Policy,
and the Office on Women's Health to
ensure that models under consideration
address health disparities and social
determinants of health as appropriate
for populations to be cared for under
the model.'';
(II) by inserting ``, as well as
improving access to care received by
individuals receiving benefits under
such title,'' after ``title''; and
(III) by adding at the end the
following new sentence: ``The models
selected under this subparagraph shall
include the social determinants of
health payment model described in
subparagraph (D), the testing of which
shall begin not later than December 31,
2021.'';
(ii) in subparagraph (C), by adding at the
end the following new clauses:
``(ix) Whether the model will affect access
to care from providers and suppliers caring for
high risk patients or operating in underserved
areas.
``(x) Whether the model has the potential
to produce reductions in minority and rural
health disparities.''; and
(iii) by adding at the end the following
new subparagraph:
``(D) Social determinants of health payment
model.--
``(i) In general.--The social determinants
of health payment model described in this
subparagraph is a payment model that tests each
of the payment and service delivery innovations
described in clause (ii) in a region determined
appropriate by the Secretary.
``(ii) Payment and service delivery
innovations described.--For purposes of clause
(i), the payment and service delivery
innovations described in this clause are the
following:
``(I) Payment and service delivery
innovations for behavioral health
services, focusing on gathering
actionable data to address the higher
costs associated with beneficiaries
with diagnosed behavioral conditions.
``(II) Payment and service delivery
innovations targeting conditions or
comorbidities of individuals entitled
or enrolled under the Medicare program
under title XVIII and enrolled under a
State plan under the Medicaid program
under title XIX to increase capacity in
underserved areas.
``(III) Payment and service
delivery innovations targeted on
Medicaid-eligible pregnant and
postpartum women, up to one year after
delivery.''; and
(B) in paragraph (4)(A)--
(i) in clause (i) at the end, by striking
``and'';
(ii) in clause (ii), at the end, by
striking the period and inserting ``; and'';
and
(iii) by adding at the end the following
new clause:
``(iii) the extent to which the model
improves access to care or the extent to which
the model improves care for high risk patients,
patients from racial or ethnic minorities, or
patients in underserved areas.'';
(3) in subsection (c)--
(A) in paragraph (2), by striking at the end
``and'';
(B) by redesignating paragraph (3) as paragraph
(4);
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) the Office of Minority Health of the Centers for
Medicare & Medicaid Services certifies that such expansion will
not reduce access to care for low-income, minority, or rural
beneficiaries; and'';
(D) in paragraph (4), as redesignated by
subparagraph (B), by inserting before the period at the
end the following: ``nor increase health disparities
experienced by low-income, minority, or rural
beneficiaries''; and
(E) in the matter following paragraph (4), as
redesignated by subparagraph (B), by inserting ``,
improve access to care,'' after ``care''; and
(4) in subsection (g)--
(A) by inserting ``(or, beginning with 2022, once
every year thereafter)'' after ``thereafter''; and
(B) by adding at the end the following new
sentence: ``For reports for 2022 and each subsequent
year, each such report shall include information on the
following:
``(1) The extent and severity of minority and rural health
disparities in Medicare and Medicaid beneficiaries.
``(2) The interventions that address social determinants of
health in payment models selected by the Center for Medicare
and Medicaid Innovation for testing.
``(3) The interventions that address social determinants of
health in payment models not selected by the Center for
Medicare and Medicaid Innovation for testing.
``(4) The effectiveness of interventions in mitigating
negative health outcomes and higher costs associated with
social determinants of health within models selected by the
Center for Medicare and Medicaid Innovation for testing.
``(5) Changes in disparities among minorities and Medicare
and Medicaid beneficiaries in underserved areas that are
attributable to provider and supplier participation in a Phase
II model.
``(6) In consultation with the Comptroller General of the
United States, estimated Federal savings achieved through the
reduction of rural and minority health disparities.
``(7) Other areas determined appropriate by the
Secretary.''.
Subtitle O--Increasing Access to Quality Cardiac Rehabilitation Care
SEC. 21601. SHORT TITLE.
This subtitle may be cited as the ``Increasing Access to Quality
Cardiac Rehabilitation Care Act of 2020''.
SEC. 21602. EXPANDING ACCESS TO CARDIAC REHABILITATION PROGRAMS AND
PULMONARY REHABILITATION PROGRAMS UNDER MEDICARE PROGRAM.
(a) Cardiac Rehabilitation Programs.--Section 1861(eee) of the
Social Security Act (42 U.S.C. 1395x(eee)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(i), by striking ``a
physician's office'' and inserting ``the office of a
physician (as defined in subsection (r)(1)) or the
office of a physician assistant, nurse practitioner, or
clinical nurse specialist (as those terms are defined
in subsection (aa)(5))''; and
(B) in subparagraph (C), by inserting after
``physician'' the following: ``(as defined in
subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those
terms are defined in subsection (aa)(5))'';
(2) in paragraph (3)(A), by striking ``physician-prescribed
exercise'' and inserting ``exercise prescribed by a physician
(as defined in subsection (r)(1)) or a physician assistant,
nurse practitioner, or clinical nurse specialist (as those
terms are defined in subsection (aa)(5))''; and
(3) in paragraph (5), by inserting after ``physician'' the
following: ``(as defined in subsection (r)(1)) or a physician
assistant, nurse practitioner, or clinical nurse specialist (as
those terms are defined in subsection (aa)(5))''.
(b) Pulmonary Rehabilitation Programs.--Section 1861(fff) of the
Social Security Act (42 U.S.C. 1395x(fff)) is amended--
(1) in paragraph (2)(A), by striking ``physician-prescribed
exercise'' and inserting ``exercise prescribed by a physician
(as defined in subsection (r)(1)) or a physician assistant,
nurse practitioner, or clinical nurse specialist (as those
terms are defined in subsection (aa)(5))''; and
(2) in paragraph (3), by inserting after ``physician'' the
following: ``(as defined in subsection (r)(1)) or a physician
assistant, nurse practitioner, or clinical nurse specialist (as
those terms are defined in subsection (aa)(5))''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to items and services furnished on or after January
1, 2021.
SEC. 21603. EXPEDITING ACCESS TO CARDIAC REHABILITATION PROGRAMS AND
PULMONARY REHABILITATION PROGRAMS UNDER MEDICARE PROGRAM.
Section 51008(c) of the Bipartisan Budget Act of 2018 (Public Law
115-123; 42 U.S.C. 1395x note) is amended by striking ``January 1,
2024'' and inserting ``January 1, 2021''.
Subtitle P--Healthy Food Access for All Americans
SEC. 21701. SHORT TITLE.
This subtitle may be cited as the ``Healthy Food Access for All
Americans Act''.
SEC. 21702. TAX CREDIT AND GRANT PROGRAM FOR SPECIAL ACCESS FOOD
PROVIDERS.
(a) In General.--
(1) Allowance of credit.--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. 45T. SPECIAL ACCESS FOOD PROVIDER CREDIT AND GRANT PROGRAM.
``(a) Establishment of Credit for Grocery Stores.--
``(1) In general.--For purposes of section 38, the special
access food provider credit determined under this section for
any taxable year is an amount equal to the lesser of--
``(A) the amount of the allocation received by the
taxpayer under subsection (d)(1)(A), or
``(B) the amount equal to--
``(i) in the case of a qualified grocery
store which is placed in service during such
taxable year by a taxpayer which has been
certified as a special access food provider, 15
percent of the basis of such grocery store,
including any property used in the operation of
such grocery store--
``(I) which is acquired by the
taxpayer if the original use of such
property commences with the taxpayer,
and
``(II) with respect to which
depreciation (or amortization in lieu
of depreciation) is allowable, or
``(ii) in the case of a qualified
renovation area which is placed in service
during such taxable year, 10 percent of the
renovation expenditures incurred by a taxpayer
which has been certified as a special access
food provider.
``(2) Renovation expenditures.--For purposes of paragraph
(1)(B)(ii), the term `renovation expenditures' means amounts
chargeable to capital account and incurred for property (or
additions or improvements to property) of a character subject
to the allowance for depreciation in connection with the
renovation or rehabilitation of a grocery store.
``(b) Grant Program for Food Banks and Temporary Access
Merchants.--
``(1) In general.--The Secretary, in coordination with the
Secretary of Agriculture, shall, subject to the requirements of
this section, provide a grant to any entity which has been
certified as a special access food provider in an amount equal
to the lesser of--
``(A) the amount of the allocation received by the
entity under subsection (d)(1)(B), or
``(B) the amount equal to--
``(i) in the case of a permanent food bank
which has been placed in service during the
taxable year by such provider, 15 percent of
any qualified construction expenses incurred by
such provider, and
``(ii) in the case of any provider which
qualifies as a temporary access merchant, 10
percent of any annual operational costs
incurred by such provider.
``(2) Time for payment of grant.--The Secretary shall make
payment of any grant under paragraph (1) during the 60-day
period beginning on the later of--
``(A) the date of the application for certification
as a special access food provider, or
``(B) the date--
``(i) in the case of a permanent food bank,
on which the food bank for which the grant is
being made is placed in service, or
``(ii) in the case of a temporary access
merchant, the end of the taxable year in which
the operational costs were incurred.
``(3) Grant not considered income for purposes of
taxation.--A grant under this subsection shall not be
considered as gross income for purposes of this chapter.
``(c) Certification as a Special Access Food Provider.--
``(1) Application.--Each applicant for certification as a
special access food provider shall submit, for each grocery
store, food bank, mobile market, or farmers market, an
application with the Secretary, at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
``(2) Certification requirements.--For purposes of
certification as a special access food provider, the Secretary,
in consultation with the Secretary of Agriculture and the
applicable regional community development entity, shall
determine whether--
``(A) in the case of an applicant seeking to
construct, renovate, or rehabilitate a grocery store,
whether such store--
``(i) following completion of such
construction, renovation, or rehabilitation,
will qualify as a grocery store (as defined in
subsection (h)(3)),
``(ii) is located in a food desert on the
date on which construction, renovation, or
rehabilitation begins,
``(iii) satisfies the eligibility criteria
established for projects under the Healthy Food
Financing Initiative established under section
243 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6953), and
``(iv) satisfies such other criteria as is
determined appropriate by the Secretary, in
consultation with the Secretary of Agriculture,
or
``(B) in the case of an applicant seeking to
operate a permanent food bank or as a temporary access
merchant, whether such applicant--
``(i) is an entity for which no part of the
net earnings of such entity inures to the
benefit of any private shareholder or
individual,
``(ii)(I) in the case of a permanent food
bank, is located in a food desert on the date
on which construction of such food bank begins,
or
``(II) in the case of a temporary access
merchant--
``(aa) sells or provides food in
any food desert for an average of--
``(AA) in the case of a
farmers market, not less than
10 hours (during daylight
hours) each week during the
calendar year, or
``(BB) in the case of a
temporary access merchant which
is not a farmers market, not
less than 5 days and 50 hours
each week during the calendar
year, or
``(bb) satisfies such requirements
as are established by the Secretary of
Agriculture to ensure an adequate level
of food distribution within food
deserts,
``(iii) satisfies the eligibility criteria
described in subparagraph (A)(iii), and
``(iv) satisfies such other criteria as is
determined appropriate by the Secretary.
``(3) No additional usda grants for farmers markets.--A
farmers market shall not be eligible for certification as a
special access food provider during any period in which such
farmers market receives funding pursuant to any other grant
program administered by the Department of Agriculture (with the
exception of grants provided pursuant to the Food Insecurity
Nutrition Incentive under section 4405 of the Food,
Conservation, and Energy Act of 2008).
``(d) Allocation of Special Access Food Provider Credits and
Grants.--
``(1) In general.--In each calendar year, the Secretary, in
coordination with the Secretary of Agriculture, shall provide
allocations to entities which have been certified as special
access food providers under subsection (c) to receive--
``(A) in the case of an entity certified pursuant
to subparagraph (A) of subsection (c)(2), a special
access food provider credit for expenditures related to
a qualified grocery store or qualified renovation area,
and
``(B) in the case of an entity certified pursuant
to subparagraph (B) of such subsection, grants for
qualified construction expenses or operational costs
incurred by such entity.
``(2) Duration of grants to temporary access merchants.--In
the case of a special access food provider which qualifies as a
temporary access merchant, the Secretary shall provide the
grant to such provider on an annual basis for a period of not
greater than 10 years.
``(e) Recapture.--
``(1) In general.--Subject to paragraph (3), the Secretary
shall provide for recapturing the benefit of any credit
allowable or grant provided under this section with respect to
any qualified grocery store, qualified renovation area, or
permanent food bank which fails to satisfy the requirements
under subsection (c)(2) during the 5-year period following the
date on which such store, area, or food bank is placed in
service.
``(2) Temporary access merchant.--Subject to paragraph (3),
the Secretary shall provide for recapturing the benefit of any
grant provided under this section with respect to any temporary
access merchant which fails to satisfy the requirements under
subsection (c)(2) for any year during the period described in
subsection (d)(2).
``(3) Application.--If, during any taxable year, a special
access food provider fails to satisfy the requirements under
subsection (c)(2), the tax under this chapter for such taxable
year shall be increased by an amount equal to the appropriate
percentage of the credit or grant amount as is determined
appropriate by the Secretary.
``(f) Basis Reduction.--The basis of any qualified grocery store,
any grocery store which includes a qualified renovation area, or any
food bank, mobile market, or farmers market shall be reduced by the
amount of any credit or grant determined under this section with
respect to such property.
``(g) Regulations.--The Secretary, in coordination with the
Secretary of Agriculture, shall prescribe such regulations as may be
appropriate to carry out this section, including regulations which--
``(1) prevent the abuse of the purposes of this section,
``(2) impose appropriate reporting requirements, and
``(3) ensure that non-metropolitan areas receive a
proportional amount of allocations provided under subsection
(d).
``(h) Definitions.--For purposes of this section:
``(1) Food desert.--
``(A) In general.--The term `food desert' means any
population census tract in which--
``(i) not less than 500 people, or 33
percent of the population of such tract,
reside--
``(I) in the case of a tract
located within a metropolitan area,
more than 1 mile from a grocery store,
or
``(II) in the case of a tract not
located within a metropolitan area,
more than 10 miles from a grocery
store,
``(ii) the poverty rate for such tract is
at least 20 percent, or
``(iii)(I) in the case of a tract not
located within a metropolitan area, the median
family income for such tract does not exceed 80
percent of statewide median family income, or
``(II) in the case of a tract located
within a metropolitan area, the median family
income for such tract does not exceed 80
percent of the greater of statewide median
family income or the metropolitan area median
family income.
``(B) Areas not within census tracts.--In the case
of an area which is not tracted for population census
tracts, the equivalent county divisions (as defined by
the Bureau of the Census) shall be used for purposes of
determinations of food deserts under this paragraph.
``(C) Determination of food deserts.--For purposes
of determining whether a population census tract
qualifies as a food desert for purposes of this
section, the Secretary shall make such determinations
in coordination with the Secretary of Agriculture in
such manner as is determined appropriate, including use
of the Food Access Research Atlas established by the
Department of Agriculture.
``(2) Groceries.--The term `groceries' means--
``(A) fresh and frozen produce,
``(B) fresh and frozen meat and seafood,
``(C) dairy products, and
``(D) deli products, including sliced meats,
cheeses, and salads.
``(3) Grocery store.--The term `grocery store' means a
retail store for which forecasted sales of groceries account
for not less than 35 percent of its total annual sales.
``(4) Metropolitan area.--The term `metropolitan area' has
the same meaning given the term `metropolitan statistical area'
under section 143(k)(2)(B).
``(5) Qualified construction expenses.--The term `qualified
construction expenses' means any costs incurred by the special
access food provider before the date on which a permanent food
bank is placed in service relating to the planning, design, and
construction of such food bank.
``(6) Qualified grocery store.--The term `qualified grocery
store' means a grocery store which, on the date on which
construction of such store begins, is located in a food desert.
``(7) Qualified renovation area.--The term `qualified
renovation area' means any area of a grocery store in which
groceries are sold, provided that such grocery store, on the
date on which renovation of such area begins, is located in a
food desert.
``(8) Regional community development entity.--
``(A) In general.--The term `regional community
development entity' means any domestic corporation or
partnership if--
``(i) the primary mission of the entity is
serving, or providing investment capital for,
low-income communities or low-income persons,
``(ii) the entity maintains accountability
to residents of low-income communities through
their representation on any governing board of
the entity or on any advisory board to the
entity, and
``(iii) the entity is certified by the
Secretary for purposes of this section as being
a regional community development entity.
``(B) Local government.--In the case of a grocery
store for which there is no entity described in
subparagraph (A) within a 50-mile radius, the chief
executive officer (or the equivalent) of the local
jurisdiction in which the grocery store will be located
may serve as the regional community development entity
for purposes of subsection (c)(2).
``(9) Secretary of agriculture.--The term `Secretary of
Agriculture' means the Secretary of Agriculture or the
Secretary's delegate.
``(10) Temporary access merchant.--The term `temporary
access merchant' means a mobile market, a farmers market, or a
temporary or mobile food bank (as such terms are defined by the
Secretary, in coordination with the Secretary of Agriculture)--
``(A) which is operated by a special access food
provider, and
``(B) for which the primary purpose is food
distribution within food deserts.''.
(b) Credit Part of General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (35), by striking the period at the end of paragraph
(36) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the special access food provider credit determined
under section 45T(a).''.
(c) Clerical Amendment.--The table of sections for 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 item:
``Sec. 45T. Special access food provider credit and grant program.''.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this section.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 21703. UPDATES TO FOOD ACCESS RESEARCH ATLAS.
Section 243 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6953) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Food Access Research Atlas.--Not less frequently than once
each year, the Secretary shall update the Food Access Research Atlas of
the Secretary to account for food retailers that are placed in service
during that year.''.
Subtitle Q--Territories Health Equity
SEC. 21801. SHORT TITLE.
This subtitle may be cited as the ``Territories Health Equity Act
of 2020''.
PART 1--MEDICAID
SEC. 21811. ELIMINATION OF GENERAL MEDICAID FUNDING LIMITATIONS
(``CAP'') FOR TERRITORIES.
(a) In General.--Section 1108 of the Social Security Act (42 U.S.C.
1308) is amended--
(1) in subsection (f), in the matter preceding paragraph
(1), by striking ``subsection (g)'' and inserting ``subsections
(g) and (h)'';
(2) in subsection (g)(2), in the matter preceding
subparagraph (A), by inserting ``subsection (h)'' after
``subject to''; and
(3) by adding at the end the following new subsection:
``(h) Sunset of Medicaid Funding Limitations for Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and American
Samoa.--Subsections (f) and (g) shall not apply to Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa
beginning with fiscal year 2022.''.
(b) Conforming Amendments.--
(1) Section 1902(j) of the Social Security Act (42 U.S.C.
1396a(j)) is amended by striking ``, the limitation in section
1108(f),''.
(2) Section 1903(u) of the Social Security Act (42 U.S.C.
1396b(u)) is amended by striking paragraph (4).
(c) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2022.
SEC. 21812. ELIMINATION OF SPECIFIC FEDERAL MEDICAL ASSISTANCE
PERCENTAGE (FMAP) LIMITATION FOR TERRITORIES.
Section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is
amended, in clause (2), by inserting ``for fiscal years before fiscal
year 2022'' after ``American Samoa''.
SEC. 21813. APPLICATION OF MEDICAID WAIVER AUTHORITY TO ALL OF THE
TERRITORIES.
(a) In General.--Section 1902(j) of the Social Security Act (42
U.S.C. 1396a(j)) is amended--
(1) by striking ``American Samoa and the Northern Mariana
Islands'' and inserting ``Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa'';
(2) by striking ``American Samoa or the Northern Mariana
Islands'' and inserting ``Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, or American Samoa'';
(3) by inserting ``(1)'' before ``Notwithstanding'';
(4) by inserting ``except as otherwise provided in this
subsection,'' after ``Notwithstanding any other requirement of
this title''; and
(5) by adding at the end the following:
``(2) The Secretary may not waive under this subsection the
requirement of subsection (a)(10)(A)(i)(IX) (relating to coverage of
adults formerly under foster care) with respect to any territory.''.
(b) Effective Date.--The amendments made by this section shall
apply beginning October 1, 2021.
SEC. 21814. PERMITTING MEDICAID DSH ALLOTMENTS FOR TERRITORIES.
Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f))
is amended--
(1) in paragraph (6), by adding at the end the following
new subparagraph:
``(C) Territories.--
``(i) Fiscal year 2022.--For fiscal year
2022, the DSH allotment for Puerto Rico, the
Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa shall bear the same
ratio to $300,000,000 as the ratio of the
number of individuals who are low-income or
uninsured and residing in such respective
territory (as estimated from time to time by
the Secretary) bears to the sums of the number
of such individuals residing in all of the
territories.
``(ii) Subsequent fiscal year.--For each
subsequent fiscal year, the DSH allotment for
each such territory is subject to an increase
in accordance with paragraph (3).''; and
(2) in paragraph (9), by inserting before the period at the
end the following: ``, and includes, beginning with fiscal year
2022, Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa''.
PART 2--MEDICARE
Subpart A--Part A
SEC. 21821. CALCULATION OF MEDICARE DSH PAYMENTS FOR IPPS HOSPITALS IN
PUERTO RICO.
Section 1886(d)(9)(D)(iii) of the Social Security Act (42 U.S.C.
1395ww(d)(9)(D)(iii)) is amended to read as follows:
``(iii) Subparagraph (F) (relating to disproportionate
share payments), including application of subsection (r),
except that for this purpose--
``(I) the sum described in clause (ii) of this
subparagraph shall be substituted for the sum referred
to in paragraph (5)(F)(ii)(I); and
``(II) for discharges occurring on or after October
1, 2021, subclause (I) of paragraph (5)(F)(vi) shall be
applied by substituting for the numerator described in
such subclause the number of subsection (d) Puerto Rico
hospital's patient days for the cost reporting period
involved which were made up of patients who (for such
days) were entitled to benefits under part A of this
title and were--
``(aa) entitled to supplementary security
income benefits (excluding any State
supplementation) under title XVI of this Act;
``(bb) eligible for medical assistance
under a State plan under title XIX; or
``(cc) receiving aid or assistance under
any plan of the State approved under title I,
X, XIV, or XVI.''.
SEC. 21822. REBASING TARGET AMOUNT FOR HOSPITALS IN TERRITORIES.
Section 1886(b)(3) of the Social Security Act (42 U.S.C.
1395ww(b)(3)) is amended by adding at the end the following new
subparagraph:
``(M)(i) For each cost reporting period beginning
on or after October 1, 2021, in the case of a hospital
located in a territory of the United States, there
shall be substituted for the target amount otherwise
determined under subparagraph (A) the rebased target
amount (as defined in clause (ii)), if such
substitution results in an amount of payment under this
section to the hospital for such period that is greater
than the amount of payment that would be made under
this section to the hospital for such period if this
subparagraph were not to apply.
``(ii) For purposes of this subparagraph, the term
`rebased target amount' has the meaning given the term
`target amount' in subparagraph (A), except that--
``(I) there shall be substituted for the
preceding 12-month cost reporting period the
12-month cost reporting period beginning during
fiscal year 2015 (or, at the option of the
hospital, beginning during fiscal year 2022);
``(II) any reference in subparagraph (A)(i)
to the `first such cost reporting period' is
deemed a reference to the first cost reporting
period following the 12-month cost reporting
period beginning during fiscal year 2015 (or,
at the option of the hospital, beginning during
fiscal year 2022); and
``(III) the applicable percentage increase
shall only be applied under subparagraph
(B)(ii) for cost reporting periods beginning on
or after October 1, 2022.
``(iii) Nothing in this subparagraph shall affect
any pending request by a hospital for a new target
amount for any cost reporting period beginning during a
fiscal year before fiscal year 2022.''.
SEC. 21823. MEDICARE DSH TARGET ADJUSTMENT FOR HOSPITALS IN
TERRITORIES.
Section 1886(b)(3) of the Social Security Act (42 U.S.C.
1395ww(b)(3)), as amended by section 21922, is further amended by
adding at the end the following new subparagraph:
``(N)(i) For each cost reporting period beginning
on or after October 1, 2021, in the case of a hospital
that is located in a territory of the United States
other than Puerto Rico and that would be a subsection
(d) hospital if it were located in one of the 50
States, the target amount shall be increased by--
``(I) in the case that such hospital has a
disproportionate patient percentage of not less
than 15 percent and not greater than 40
percent, 10 percent; and
``(II) in the case that such hospital has a
disproportionate patient percentage of greater
than 40 percent, 10 percent plus 60 percent of
the number of percentage points by which such
hospital's disproportionate patient percentage
exceeds 40 percent.
``(ii) For purposes of this subparagraph, the term
`disproportionate patient percentage' has the meaning
given such term in subsection (d)(5)(F)(vi), except
that in applying such meaning any reference under such
subsection to individuals entitled to supplementary
security income under title XVI shall be deemed for
purposes of this subparagraph to include individuals--
``(I) eligible for medical assistance under
a State plan under title XIX; or
``(II) receiving aid or assistance under
any plan of the territory approved under title
I, X, XIV, or XVI.''.
Subpart B--Part B
SEC. 21825. APPLICATION OF PART B DEEMED ENROLLMENT PROCESS TO
RESIDENTS OF PUERTO RICO; SPECIAL ENROLLMENT PERIOD AND
LIMIT ON LATE ENROLLMENT PENALTIES.
(a) Application of Part B Deemed Enrollment Process to Residents of
Puerto Rico.--Section 1837(f)(3) of the Social Security Act (42 U.S.C.
1395p(f)(3)) is amended by striking ``, exclusive of Puerto Rico''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals whose initial enrollment period under section
1837(d) of the Social Security Act begins on or after the first day of
the effective month, specified by the Secretary of Health and Human
Services under section 1839(j)(1)(C) of such Act, as added by
subsection (c)(2).
(c) Transition Providing Special Enrollment Period and Limit on
Late Enrollment Penalties for Certain Medicare Beneficiaries.--Section
1839 of the Social Security Act (42 U.S.C. 1395r) is amended--
(1) in the first sentence of subsection (b), by inserting
``subject to section 1839(j)(2),'' after ``subsection (i)(4) or
(l) of section 1837,''; and
(2) by adding at the end the following new subsection:
``(j) Special Rules for Certain Residents of Puerto Rico.--
``(1) Special enrollment period, coverage period for
residents who are eligible but not enrolled.--
``(A) In general.--In the case of a transition
individual (as defined in paragraph (3)) who is not
enrolled under this part as of the day before the first
day of the effective month (as defined in subparagraph
(C)), the Secretary shall provide for a special
enrollment period under section 1837 of 7 months
beginning with such effective month during which the
individual may be enrolled under this part.
``(B) Coverage period.--In the case of such an
individual who enrolls during such special enrollment
period, the coverage period under section 1838 shall
begin on the first day of the second month after the
month in which the individual enrolls.
``(C) Effective month defined.--In this section,
the term `effective month' means a month, not earlier
than October 2021 and not later than January 2022,
specified by the Secretary.
``(2) Reduction in late enrollment penalties for current
enrollees and individuals enrolling during transition.--
``(A) In general.--In the case of a transition
individual who is enrolled under this part as of the
day before the first day of the effective month or who
enrolls under this part on or after the date of the
enactment of this subsection but before the end of the
special enrollment period under paragraph (1)(A), the
amount of the late enrollment penalty imposed under
section 1839(b) shall be recalculated by reducing the
penalty to 15 percent of the penalty otherwise
established.
``(B) Application.--Subparagraph (A) shall be
applied in the case of a transition individual who--
``(i) is enrolled under this part as of the
month before the effective month, for premiums
for months beginning with such effective month;
or
``(ii) enrolls under this part on or after
the date of the enactment of this Act and
before the end of the special enrollment period
under paragraph (1)(A), for premiums for months
during the coverage period under this part
which occur during or after the effective
month.
``(C) Loss of reduction if individual terminates
enrollment.--Subparagraph (A) shall not apply to a
transition individual if the individual terminates
enrollment under this part after the end of the special
enrollment period under paragraph (1).
``(3) Transition individual defined.--In this section, the
term `transition individual' means an individual who resides in
Puerto Rico and who would have been deemed enrolled under this
part pursuant to section 1837(f) before the first day of the
effective month but for the fact that the individual was a
resident of Puerto Rico, regardless of whether the individual
is enrolled under this part as of such first day.''.
Subpart C--Medicare Advantage (Part C)
SEC. 21831. ADJUSTMENT IN BENCHMARK FOR LOW-BASE PAYMENT COUNTIES IN
PUERTO RICO.
Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n))
is amended--
(1) in paragraph (1), by striking ``and (5)'' and inserting
``(5), and (6)'';
(2) in paragraph (4), by striking ``In no case'' and
inserting ``Subject to paragraph (6), in no case''; and
(3) by adding at the end the following new paragraph:
``(6) Special rules for blended benchmark amount for
territories.--
``(A) In general.--Subject to paragraph (2), the
blended benchmark amount for an area in a territory for
a year (beginning with 2021) shall not be less than 80
percent of the national average of the base payment
amounts specified in subparagraph (2)(E) for such year
for areas within the 50 States and the District of
Columbia.
``(B) Limitation.--In no case shall the blended
benchmark amount for an area in a territory for a year
under subparagraph (A) exceed the lowest blended
benchmark amount for any area within the 50 States and
the District of Columbia for such year.''.
Subpart D--Part D
SEC. 21836. IMPROVED USE OF ALLOCATED PRESCRIPTION DRUG FUNDS BY
TERRITORIES.
Section 1935(e) of the Social Security Act (42 U.S.C. 1396u-5(e))
is amended by adding at the end the following new paragraph:
``(5) Improved use of funds for low-income part d eligible
individuals.--This subsection shall be applied beginning with
fiscal year 2022 as follows, notwithstanding any other
provision of this title:
``(A) Clarifying state flexibility to cover non-
dual-eligible individuals.--In this title, the term
`medical assistance' includes financial assistance
furnished by a State under this subsection to part D
eligible individuals who, if they were residing in one
of the 50 States or the District of Columbia, would
qualify as subsidy eligible individuals under section
1860D-14(a)(3), and without regard to whether such
individuals otherwise qualify for medical assistance
under this title.
``(B) 100 percent fmap to reflect no state matching
required for part d low income subsidies.--The Federal
medical assistance percentage applicable to the
assistance furnished under this subsection is 100
percent.
``(C) Limited funding for special rules.--
Subparagraphs (A) and (B), and the provision of medical
assistance for covered part D drugs to low-income part
D eligible individuals for a State and period under
this subsection, is limited to the amount specified in
paragraph (3) for such State and period.''.
SEC. 21837. REPORT ON TREATMENT OF TERRITORIES UNDER MEDICARE PART D.
Paragraph (4) of section 1935(e) of the Social Security Act (42
U.S.C. 1396u-5(e)) is amended to read as follows:
``(4) Report on application of subsection.--
``(A) In general.--Not later than February 1, 2022,
the Secretary shall submit to Congress a report on the
application of this subsection during the period
beginning fiscal year 2006 and ending fiscal year 2021.
``(B) Information to be included in report.--Such
report shall include--
``(i) program guidance issued by the
Secretary to implement this subsection;
``(ii) for each territory, information on
the increased amount under paragraph (3) and
how the territory has applied such amount,
including the territory's program design,
expenditures, and number of individuals (and
dual-eligible individuals) assisted; and
``(iii) differences between how such
territories are treated under part D of title
XVIII and under this title compared with the
treatment of the 50 States and the District of
Columbia under such part and this title for
different fiscal years within the period
covered under the report.
``(C) Recommendations.--Such report shall include
recommendations for improving prescription drug
coverage for low-income individuals in each territory,
including recommendations regarding each of the
following alternative approaches:
``(i) Adjusting the aggregate amount
specified in paragraph (3)(B).
``(ii) Allowing residents of the
territories to be subsidy eligible individuals
under section 1860D-14, notwithstanding
subsection (a)(3)(F) of such section, or
providing substantially equivalent low-income
prescription drug subsidies to such
residents.''.
PART 3--MISCELLANEOUS
SEC. 21841. MODIFIED TREATMENT OF TERRITORIES WITH RESPECT TO
APPLICATION OF ACA ANNUAL HEALTH INSURANCE PROVIDER FEES.
Section 9010 of the Patient Protection and Affordable Care Act (26
U.S.C. 4001 note prec.) is amended--
(1) in subsection (b)(1), by inserting ``subject to
subsection (k)(1),'' after ``With respect to each covered
entity,''; and
(2) by adding at the end the following:
``(k) Special Rules for Treatment of Territories.--
``(1) In general.--In applying this section with respect to
United States health risks located outside of the 50 States or
the District of Columbia for years beginning with 2021--
``(A) the amount of the fee under subsection (b)
shall be 50 percent of the amount of the fee otherwise
determined;
``(B) the Secretary shall deposit the amount of
such fees collected for each territory into a separate
account; and
``(C) amounts in such an account for a territory
for a year are appropriated and shall be available to
the territory in accordance with paragraph (2).
``(2) Availability of funds.--Amounts made available to a
territory under paragraph (1)(C) with respect to a territory
for a year shall be made available to the territory, upon
application of the territory to the Secretary of Health and
Human Services, only for the following purposes, as elected by
the territory in such application:
``(A) Increased prescription drug assistance for
low-income part d eligible individuals.--For increasing
the amount of funds made available to the territory
under section 1935(e)(3) of the Social Security Act (42
U.S.C. 1396u-5(e)(3)) for assistance for low-income
part D eligible individuals in obtaining part D covered
drugs.
``(B) Satisfying state medicaid matching
requirement.--For the territory to meet non-Federal
matching requirements imposed with respect to obtaining
Federal financial participation under title XIX of the
Social Security Act.''.
SEC. 21842. MEDICAID AND CHIP TERRITORY TRANSPARENCY AND INFORMATION.
(a) Publication of Information on Federal Expenditures Under
Medicaid and CHIP in the Territories.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Health and
Human Services shall publish, and periodically update, on the Internet
site of the Centers for Medicare & Medicaid Services information on
Medicaid and CHIP carried out in the territories of the United States.
Such information shall include, with respect to each such territory--
(1) the income levels established by the territory for
purposes of eligibility of an individual to receive medical
assistance under Medicaid or child health assistance under
CHIP;
(2) the number of individuals enrolled in Medicaid and CHIP
in such territory;
(3) any State plan amendments in effect to carry out
Medicaid or CHIP in such territory;
(4) any waiver of the requirements of title XIX or title
XXI issued by the Secretary to carry out Medicaid or CHIP in
the territory, including a waiver under section 1115 of the
Social Security Act (42 U.S.C. 1315), any application for such
a waiver, and any documentation related to such application
(including correspondence);
(5) the amount of the Federal and non-Federal share of
expenditures under Medicaid and CHIP in such territory;
(6) the systems in place for the furnishing of health care
items and services under Medicaid and CHIP in such territory;
(7) the design of CHIP in such territory; and
(8) other information regarding the carrying out of
Medicaid and CHIP in the territory that is published on such
Internet site with respect to carrying out Medicaid and CHIP in
each State and the District of Columbia.
(b) Definitions.--In this section:
(1) CHIP.--The term ``CHIP'' means the State Children's
Health Insurance Program under title XXI of the Social Security
Act.
(2) Medicaid.--The term ``Medicaid'' means the Medicaid
program under title XIX of the Social Security Act.
(3) Territory.--The term ``territory of the United States''
includes Puerto Rico, the Virgin Islands of the United States,
Guam, the Northern Mariana Islands, and American Samoa.
SEC. 21843. REPORT ON EXCLUSION OF TERRITORIES FROM EXCHANGES.
(a) In General.--Not later than February 1, 2022, the Secretary of
Health and Human Services shall submit to Congress a report that
details the adverse impacts in each territory from the practical
exclusion of the territories from the provisions of part II of subtitle
D of title I of the Patient Protection and Affordable Care Act insofar
as such provisions provide for the establishment of an American Health
Benefit Exchange or the administration of a federally facilitated
Exchange in each State and in the District of Columbia for the purpose
of making health insurance more affordable and accessible for
individuals and small businesses.
(b) Information in Report.--The report shall include information on
the following:
(1) An estimate of the total number of uninsured and
underinsured individuals residing in each territory with
respect to health insurance coverage.
(2) A description of the number of health insurance issuers
in each territory and the health insurance plans these issuers
offer.
(3) An estimate of the number of individuals residing in
each territory who are denied premium and cost-sharing
assistance that would otherwise be available to them for
obtaining health insurance coverage through an Exchange if they
resided in one of the 50 States or in the District of Columbia.
(4) An estimate of the amount of Federal assistance
described in paragraph (3) that is not being made available to
residents of each territory.
(5) An estimate of the number of small employers in each
territory that would be eligible to purchase health insurance
coverage through a Small Business Health Options Program (SHOP)
Marketplace that would operate as part of an Exchange if the
employers were in one of the 50 States or in the District of
Columbia.
SEC. 21844. ACCESS TO COVERAGE FOR INDIVIDUALS IN CERTAIN AREAS WITHOUT
ANY AVAILABLE EXCHANGE PLANS.
Part 2 of subtitle D of title I of the Patient Protection and
Affordable Care Act (42 U.S.C. 18031 et seq.) is amended by adding at
the end the following:
``SEC. 1314. ACCESS TO COVERAGE FOR INDIVIDUALS IN CERTAIN AREAS
WITHOUT ANY AVAILABLE EXCHANGE PLANS.
``(a) In General.--
``(1) Coverage through dc shop exchange.--Not later than 3
months after the date of enactment of this section, the
Secretary, in consultation with the Secretary of the Treasury
and the Director of the Office of Personnel Management, shall
establish a mechanism to ensure that, for any plan year
beginning on or after the date described in subsection (d), any
individual described in paragraph (2) may enroll in health
insurance coverage in the small group market through the
Exchange operating in the District of Columbia, including the
health insurance coverage that is available to Members of
Congress and congressional staff (as defined in section
1312(d)(3)(D)).
``(2) Individual described.--An individual described in
this paragraph is any individual who--
``(A) is not eligible to enroll in an employer-
sponsored health plan (excluding such a plan that would
not be considered minimum essential coverage due to the
application of subparagraph (C) of section 36B(c)(2) of
the Internal Revenue Code of 1986 if such subparagraph
applied to such plan); and
``(B) is a bona fide resident of any possession of
the United States (as determined under section 937(a)
of such Code) in which the Secretary certifies that no
qualified health plan is offered through an Exchange
established under this title.
``(3) Possession of the united states.--For purposes of
this section, the term `possession of the United States' shall
include such possessions as are specified in section 937(a)(1)
of the Internal Revenue Code of 1986.
``(b) Premium Assistance Tax Credits and Cost-Sharing.--Any
individual described in subsection (a)(2) who enrolls in health
insurance coverage through the Exchange operating in the District of
Columbia pursuant to subsection (a)(1) shall be eligible for any
premium tax credit under section 36B of the Internal Revenue Code of
1986, reduced cost-sharing under section 1402, and advance
determination and payment of such credits or such reductions under
section 1412, that the individual would otherwise be eligible for if
enrolling as a resident of the District of Columbia in health insurance
coverage in the individual market through the Exchange operating in the
District of Columbia.
``(c) Treatment of Possessions.--
``(1) Payments to possessions.--
``(A) Mirror code possession.--The Secretary of the
Treasury shall periodically (but not less frequently
than annually) pay to each possession of the United
States with a mirror code tax system amounts equal to
the loss to that possession by reason of the
application of this section (determined without regard
to paragraph (2)) with respect to taxable years
beginning after the date described in subsection (d).
Such amounts shall be determined by the Secretary of
the Treasury based on information provided by the
government of the respective possession.
``(B) Other possessions.--The Secretary of the
Treasury shall periodically (but not less frequently
than annually) pay to each possession of the United
States which does not have a mirror code tax system
amounts estimated by the Secretary of the Treasury as
being equal to the aggregate benefits that would have
been provided to residents of such possession by reason
of the application of this section for any taxable
years beginning after the date described in subsection
(d) if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply
with respect to any possession of the United States
unless such possession has a plan, which has been
approved by the Secretary of the Treasury, under which
such possession will promptly distribute such payments
to the residents of such possession.
``(2) Coordination with credit allowed against united
states income taxes.--No credit shall be allowed against United
States income taxes for any taxable year under section 36B of
the Internal Revenue Code of 1986 to any person--
``(A) to whom a credit is allowed against taxes
imposed by the possession by reason of this section
(determined without regard to this paragraph) for such
taxable year, or
``(B) who is eligible for a payment under a plan
described in paragraph (1)(B) with respect to such
taxable year.
``(3) Mirror code tax system.--For purposes of this
subsection, the term `mirror code tax system' means, with
respect to any possession of the United States, the income tax
system of such possession if the income tax liability of the
residents of such possession under such system is determined by
reference to the income tax laws of the United States as if
such possession were the United States.
``(4) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, or any similar rule
of law, the payments under this subsection shall be treated in
the same manner as a refund due from the credit allowed under
section 36B of the Internal Revenue Code of 1986.
``(d) Date Described.--The date described in this subsection is the
date on which the Secretary establishes the mechanism described in
subsection (a)(1).''.
SEC. 21845. EXTENSION OF FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS
PROGRAM TO TERRITORIES.
Section 501(c)(3)(C) of the Social Security Act (42 U.S.C. 701(c))
is amended by striking ``years 2018 and 2019'' and inserting ``year
2018 and each fiscal year thereafter''.
Subtitle R--Maternal Care Access and Reducing Emergencies
SEC. 21901. SHORT TITLE.
This subtitle may be cited as the ``Maternal Care Access and
Reducing Emergencies Act'' or the ``Maternal CARE Act''.
SEC. 21902. FINDINGS.
Congress finds the following:
(1) In the United States, maternal mortality rates are
among the highest in the developed world and increased by 26.6
percent between 2000 and 2014.
(2) Of the 4,000,000 American women who give birth each
year, about 700 suffer fatal complications during pregnancy,
while giving birth, or during the postpartum period, and an
additional 50,000 are severely injured.
(3) It is estimated that about 60 percent of the maternal
mortalities in the United States could be prevented and half of
the maternal injuries in the United States could be reduced or
eliminated with better care.
(4) Data from the Centers for Disease Control and
Prevention show that Black women are 3 to 4 times more likely
to die from pregnancy-related causes than White women. There
are 42.8 deaths per 100,000 live births for Black women,
compared to 13 deaths per 100,000 live births for White women
and 17.2 deaths per 100,000 live births for women nationally.
(5) Black women's risk of maternal mortality has remained
higher than White women's risk for the past 6 decades.
(6) Black women in the United States suffer from life-
threatening pregnancy complications twice as often as their
White counterparts.
(7) High rates of maternal mortality among Black women span
income and education levels, as well as socioeconomic status;
moreover, risk factors such as a lack of access to prenatal
care and physical health conditions do not fully explain the
racial disparity in maternal mortality.
(8) A growing body of evidence indicates that stress from
racism and racial discrimination results in conditions--
including hypertension and pre-eclampsia--that contribute to
poor maternal health outcomes among Black women.
(9) Pervasive racial bias against Black women and unequal
treatment of Black women exist in the health care system, often
resulting in inadequate treatment for pain and dismissal of
cultural norms with respect to health. A 2016 study by
University of Virginia researchers found that White medical
students and residents often believed biological myths about
racial differences in patients, including that Black patients
have less-sensitive nerve endings and thicker skin than their
White counterparts. Providers, however, are not consistently
required to undergo implicit bias, cultural competency, or
empathy training.
(10) North Carolina has established a statewide Pregnancy
Medical Home (PMH) program, which aims to reduce adverse
maternal health outcomes and maternal deaths by incentivizing
maternal health care providers to provide integral health care
services to pregnant women and new mothers. According to the
North Carolina Department of Health and Human Services Center
for Health Statistics, the pregnancy-related mortality rate for
Black women was approximately 5.1 times higher than that of
White women in 2004. Almost a decade later, in 2013, the
pregnancy-related mortality rates for Black women and White
women were 24.3 and 24.2 deaths per 100,000 live births,
respectively. The PMH program has been credited with the
convergence in pregnancy-related mortality rates because the
program partners each high-risk pregnant and postpartum woman
that is covered under Medicaid with a pregnancy care manager.
SEC. 21903. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(2) State.--The term ``State'' has the meaning given that
term in section 1101 of the Social Security Act (42 U.S.C.
1301) for purposes of title XIX of that Act (42 U.S.C. 1396 et
seq.).
SEC. 21904. IMPLICIT BIAS TRAINING FOR HEALTH CARE PROVIDERS.
(a) Grant Program.--The Secretary shall establish a grant program
under which such Secretary awards grants to accredited schools of
allopathic medicine, accredited schools of osteopathic medicine,
accredited nursing schools, other health professional training
programs, and other entities for the purpose of supporting implicit
bias training, with priority given to such training with respect to
obstetrics and gynecology.
(b) Collaboration Required.--In developing requirements for
implicit bias training carried out with grant funds awarded under this
section, the Secretary shall collaborate with relevant stakeholders
that specialize in addressing health equity, including--
(1) health care providers who serve pregnant women,
including doctors, nurses, and midwives;
(2) academic institutions, including schools and training
programs described in subsection (a);
(3) community-based health workers, including perinatal
health workers, doulas, and home visitors; and
(4) community-based organizations.
(c) Implicit Bias Training Defined.--In this section, the term
``implicit bias training'' means evidence-based, on-going professional
development and support, with respect to--
(1) bias in judgment or behavior that results from subtle
cognitive processes, including implicit attitudes and implicit
stereotypes, that often operate at a level below conscious
awareness and without intentional control; or
(2) implicit attitudes and stereotypes that result in
beliefs or simple associations that a person makes between an
object and its evaluation that are automatically activated by
the mere presence (actual or symbolic) of the attitude object.
(d) Prioritization.--In awarding grants under this section, the
Secretary shall give priority to awarding grants to schools, programs,
or entities located in or serving areas with the greatest needs, based
such factors as the Secretary may consider, including racial
disparities in maternal mortality and the incidence of severe maternal
morbidity rates.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for purposes of carrying out the grant program under
subsection (a), $5,000,000 for each of fiscal years 2022 through 2026.
SEC. 21905. PREGNANCY MEDICAL HOME DEMONSTRATION PROJECT.
(a) Authority To Award Grants.--The Secretary shall award grants to
States for the purpose of establishing or operating State pregnancy
medical home programs that meet the requirements of subsection (b) to
deliver integrated health care services to pregnant women and new
mothers and reduce adverse maternal health outcomes, maternal deaths,
and racial health disparities in maternal mortality and morbidity.
(b) State Pregnancy Medical Home Program Requirements.--A State
pregnancy medical home program meets the requirements of this
subsection if--
(1) the State works with relevant stakeholders to develop
and carry out the program, including--
(A) State and local agencies responsible for
Medicaid, public health, social services, mental
health, and substance abuse treatment and support;
(B) health care providers who serve pregnant women,
including doctors, nurses, and midwives;
(C) community-based health workers, including
perinatal health workers, doulas, and home visitors;
and
(D) community-based organizations and individuals
representing the communities with--
(i) the highest overall rates of maternal
mortality and morbidity; and
(ii) the greatest racial disparities in
rates of maternal mortality and morbidity;
(2) the State selects health care providers who serve
pregnant women, including doctors, nurses, and midwives, to
participate in the program as pregnancy medical homes, and
requires that any provider that wishes to participate in the
program as a pregnancy medical home--
(A) commits to following evidence-based practices
for maternity care, as developed by the State in
consultation with relevant stakeholders; and
(B) completes training to provide culturally and
linguistically competent care;
(3) under the program, each pregnancy medical home is
required to conduct a standardized medical, obstetric, and
psychosocial risk assessment for every patient of the medical
home who is pregnant at the patient's first prenatal
appointment with the medical home;
(4) under the program, a care manager--
(A) is assigned to each pregnancy medical home; and
(B) coordinates care (including coordinating
resources and referrals for health care and social
services that are not available from the pregnancy
medical home) for each patient of a pregnancy medical
home who is eligible for services under the program;
and
(5) the program prioritizes pregnant and postpartum women
who are uninsured or enrolled in the State Medicaid plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
or a waiver of such plan.
(c) Grants.--
(1) Limitation.--The Secretary may award a grant under this
section to up to 10 States.
(2) Period.--Grants under this section shall be for a 5-
year period.
(3) Prioritization.--In awarding grants under this section,
the Secretary shall give priority to the States with the
greatest racial disparities in maternal mortality and severe
morbidity rates.
(d) Report on Grant Impact and Dissemination of Best Practices.--
Not later than 1 year after all the grant periods awarded under this
section have ended, the Secretary shall--
(1) submit a report to Congress that describes--
(A) the impact of the grants awarded under this
section on maternal and child health;
(B) best practices and models of care used by
recipients of grants under this section; and
(C) obstacles faced by recipients of grants under
this section in delivering care, improving maternal and
child health, and reducing racial disparities in rates
of maternal and infant mortality and morbidity; and
(2) disseminate information on best practices and models of
care used by recipients of grants under this section (including
best practices and models of care relating to the reduction of
racial disparities in rates of maternal and infant mortality
and morbidity) to interested parties, including health
providers, medical schools, relevant State and local agencies,
and the general public.
(e) Authorization.--There are authorized to be appropriated to
carry out this section, $25,000,000 for each of fiscal years 2022
through 2026, to remain available until expended.
SEC. 21906. NATIONAL ACADEMY OF MEDICINE STUDY.
(a) In General.--The Secretary shall enter into an arrangement with
the National Academy of Medicine under which the National Academy
agrees to study and make recommendations for incorporating bias
recognition in clinical skills testing for accredited schools of
allopathic medicine and accredited schools of osteopathic medicine.
(b) Report.--The arrangement under subsection (a) shall provide for
submission by the National Academy of Medicine to the Secretary and
Congress, not later than 3 years after the date of enactment of this
Act, of a report on the results of the study that includes such
recommendations.
Subtitle S--Reducing Mortality and Morbidity Among All Women and
Honoring Mothers
SEC. 22001. FINDINGS.
Congress finds that--
(1) the pregnancy-related mortality ratio, defined as the
number of pregnancy-related deaths per 100,000 live births,
more than doubled between 1987 and 2016;
(2) the United States is the only developed country whose
maternal mortality rate has increased over the last several
decades;
(3) of all pregnancy-related deaths between 2011 and 2015--
(A) nearly 31 percent occurred during pregnancy;
(B) about 36 percent occurred during childbirth or
the week after childbirth; and
(C) 33 percent occurred between 1 week and 1 year
postpartum;
(4) more than 60 percent of maternal deaths in the United
States are preventable;
(5) in 2014 alone, 50,000 women suffered from a ``near
miss'' or severe maternal morbidity, which includes potentially
life-threatening complications that arise from labor and
childbirth;
(6) 28 percent of women who gave birth in a hospital in the
United States reported experiencing 1 or more types of
mistreatment, such as--
(A) loss of autonomy;
(B) being shouted at, scolded, or threatened; and
(C) being ignored or refused or receiving no
response to requests for help;
(7) certain social determinants of health, including bias
and racism, have a negative impact on maternal health outcomes;
(8) significant disparities in maternal health exist,
including that--
(A) Black women are more than 3 times as likely to
die from a pregnancy-related cause as are White women;
(B) American Indian and Alaska Native women are
more than 2 times as likely to die from a pregnancy-
related cause as are White women;
(C) Black, American Indian, and Alaska Native women
with at least some college education are more likely to
die from a pregnancy-related cause than are women of
all other racial and ethnic backgrounds with less than
a high school diploma;
(D) Black, American Indian, and Alaska Native women
are about 2 times as likely to suffer from severe
maternal morbidity as are White women;
(E) women who live in rural areas have a greater
likelihood of severe maternal morbidity and mortality
compared to women who live in urban areas;
(F) nearly 50 percent of rural counties do not have
a hospital with obstetric services;
(G) counties with more Black and Hispanic residents
and lower median incomes are less likely to have access
to hospital obstetric services;
(H) more than 50 percent of women who live in a
rural area must travel more than 30 minutes to access
hospital obstetric services, compared to 7 percent of
women who live in urban areas; and
(I) American Indian and Alaska Native women living
in rural communities are twice as likely as their White
counterparts to report receiving late or no prenatal
care;
(9) more than 40 States have designated committees to
review maternal deaths;
(10) State and local maternal mortality review committees
are positioned to comprehensively assess maternal deaths and
identify opportunities for prevention;
(11) more than 25 States are participating in the Alliance
for Innovation on Maternal Health, which promotes consistent
and safe maternity care to reduce maternal morbidity and
mortality;
(12) community-based maternal health care models, including
midwifery childbirth services, doula support services,
community and perinatal health worker services, and group
prenatal care, in collaboration with culturally competent
physician care, show great promise in improving maternal health
outcomes and reducing disparities in maternal health outcomes;
(13) many organizations have implemented initiatives to
educate patients and providers about--
(A) all causes of, contributing factors to, and
disparities in maternal mortality;
(B) the prevention of pregnancy-related deaths; and
(C) the importance of listening to and empowering
all women to report pregnancy-related medical issues;
(14) the Centers for Disease Control and Prevention (in
this Resolution, referred to as the ``CDC''), for the first
time in over a decade, released a report on January 30, 2020,
assessing the United States maternal mortality rate that--
(A) found in 2018, the maternal mortality rate was
17.4 maternal deaths per 100,000 live births;
(B) found the maternal mortality rate for non-
Hispanic Black women was more than double that of non-
Hispanic White women at 37.1 deaths per 100,000 live
births compared to 14.7, and 3 times the rate of
Hispanic women (11.8); and
(C) while using a new standardized methodology to
improve the accuracy of States reporting maternal
deaths, still has potential methodological concerns
with the reporting of maternal mortality data, such as
the CDC report excluding mothers over the age of 44 and
only accounting for deaths within 42 days of giving
birth, potentially omitting later postpartum deaths;
and
(D) several States, communities, and organizations
recognize January 23 as ``Maternal Health Awareness
Day'' to raise awareness about maternal health and
promote maternal safety.
SEC. 22002. SENSE OF CONGRESS.
Congress--
(1) acknowledges the United States deeply troubling
maternal health crisis and supports expedited Federal action on
reducing the rates of maternal mortality in the United States,
including--
(A) raising public awareness about maternal
mortality, maternal morbidity, and disparities in
maternal health outcomes; and
(B) encouraging the Federal Government, States,
territories, Tribes, local communities, public health
organizations, physicians, health care providers, and
others to take action to reduce adverse maternal health
outcomes and improve maternal safety;
(2) promotes initiatives--
(A) to address and eliminate disparities in
maternal health outcomes; and
(B) to ensure respectful and equitable maternity
care practices;
(3) honors the mothers who have passed away as a result of
pregnancy-related causes;
(4) supports collecting better data on maternal mortality
and morbidity; and
(5) supports and recognizes the need for further
investments in efforts to improve maternal health, eliminate
disparities in maternal health outcomes, and promote respectful
and equitable maternity care practices.
Subtitle T--Collecting and Analyzing Resources Integral and Necessary
for Guidance for Social Determinants
SEC. 22101. SHORT TITLE.
This subtitle may be cited as the ``Collecting and Analyzing
Resources Integral and Necessary for Guidance for Social Determinants
Act of 2020'' or the ``CARING for Social Determinants Act of 2020''.
SEC. 22102. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Social determinants of health are the conditions in
which people are born, grow, live, play, work and age; they
include factors like socioeconomic status, education, housing,
transportation, nutrition and literacy.
(2) Research has shown that addressing social determinants
of health is important for improving overall health and
reducing health inequities.
(3) Social determinants that negatively impact health can
have harmful neurodevelopmental and biological consequences
that develop in childhood and manifest in adulthood.
(4) There is a growing body of evidence suggesting that
policies that specifically address social needs, including
policies targeting children and families, can improve community
health outcomes and have the potential to reduce health care
spending.
(5) Some State Medicaid programs have begun testing
innovative delivery and payment models designed to improve
health outcomes and reduce costs by implementing strategies to
address social determinants of health under existing Medicaid
authorities as well as through the use of waivers, though
payment incentives linked to social determinant of health are
not common.
(6) Despite a growing focus on social determinants of
health in State managed care contracts, most States do not
provide necessary guidance for managed care organizations as to
how they may use existing authority under Federal law to
provide patients with services that can improve health by
addressing social determinants.
(7) Centers for Medicare & Medicaid Services guidance and
technical assistance are critical tools that could increase
adoption of strategies to address social determinants of health
among State Medicaid agencies.
(b) Purposes.--It is the purpose of this subtitle to provide States
with additional operational clarity and examples of the strategies they
can leverage through existing authority and waivers to address social
determinants of health for the Medicaid population.
SEC. 22103. REQUIREMENT TO ISSUE GUIDANCE TO CLARIFY STRATEGIES TO
ADDRESS SOCIAL DETERMINANTS OF HEALTH IN THE MEDICAID
PROGRAM AND THE CHILDREN'S HEALTH INSURANCE PROGRAM.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall issue and disseminate
guidance to States to clarify strategies to address social determinants
of health under the Medicaid program and the Children's Health
Insurance Program. Such guidance shall include the following:
(1) Guidance and technical assistance to State Medicaid
agencies regarding the strategies that States can implement
under existing authorities under title XI, XIX, or XXI of the
Social Security Act, or through waivers, to address social
determinants of health in the provision of health care,
including strategies specifically targeting the pediatric
population.
(2) Guidance and technical assistance on how States can
encourage and incentivize managed care organizations to address
social determinants of health through contracts with such
organizations.
(3) A compendium of examples from States with respect to
how States are currently addressing social determinants of
health in the provision of health care under the Medicaid
program and the Children's Health Insurance Program, including
through payment models.
Subtitle U--Equal Access to Abortion Coverage in Health Insurance
SEC. 22201. SHORT TITLE.
This subtitle may be cited as the ``Equal Access to Abortion
Coverage in Health Insurance (EACH Woman) Act of 2020''.
SEC. 22202. FINDINGS.
Congress makes the following findings:
(1) Affordable, comprehensive health insurance that
includes coverage for a full range of pregnancy-related care,
including abortion, is critical to the health of every person
regardless of actual or perceived race, color, national origin,
immigration status, sex (including sexual orientation, gender
identity, pregnancy, childbirth, a medical condition relating
to pregnancy or childbirth, or sex stereotyping), age, or
disability status.
(2) Neither a woman's income level nor her type of
insurance should prevent her from having access to a full range
of pregnancy-related care, including abortion services.
(3) No woman should have the decision to have, or not to
have, an abortion made for her based on her ability or
inability to afford the procedure.
(4) Since 1976, the Federal Government has withheld funds
for abortion coverage in most circumstances, affecting women of
reproductive age in the United States who are insured through
the Medicaid program, as well as women who receive insurance or
care through other federal health plans and programs. Of women
aged 15-44 enrolled in Medicaid in 2017, 55 percent lived in
the 35 States and the District of Columbia that do not cover
abortion, except in limited circumstances. This amounts to
roughly 7.3 million women of reproductive age, including 3.1
million women living below the Federal poverty level. Women of
color are disproportionately likely to be insured by the
Medicaid program: Nationwide, 32 percent of Black women and 27
percent of Hispanic women aged 15-44 were enrolled in Medicaid
in 2017, compared with 16 percent of White women.
(5) Moreover, 26 States also prohibit abortion coverage in
private insurance plans within or beyond health insurance
marketplaces under the Patient Protection and Affordable Care
Act.
(6) Restrictions on abortion coverage interfere with a
woman's personal decision making, with her health and well-
being, and with her constitutionally protected right to a safe
and legal medical procedure.
(7) Restrictions on abortion coverage have a
disproportionate impact on low-income women, women of color,
immigrant women, and young women. These women are already
disadvantaged in their access to the resources, information,
and services necessary to prevent an unintended pregnancy or to
carry a healthy pregnancy to term.
SEC. 22203. ABORTION COVERAGE AND CARE REGARDLESS OF INCOME OR SOURCE
OF INSURANCE.
(a) Ensuring Abortion Coverage and Care Through the Federal
Government in Its Role as an Insurer, Employer, or Health Care
Provider.--The Federal Government shall--
(1) ensure coverage for abortion care in public health
insurance programs including Medicaid, Medicare, and the
Children's Health Insurance Program;
(2) in its role as an employer or health plan sponsor,
ensure coverage for abortion care for participants and
beneficiaries; and
(3) in its role as a provider of health services, ensure
abortion care is made available to individuals who are eligible
to receive services in its own facilities or in facilities with
which it contracts to provide medical care.
(b) Prohibiting Restrictions on Private Insurance Coverage of
Abortion Care.--
(1) Federal restrictions.--The Federal Government shall not
prohibit, restrict, or otherwise inhibit insurance coverage of
abortion care by State or local government or by private health
plans.
(2) State and local government restrictions.--State and
local governments shall not prohibit, restrict, or otherwise
inhibit insurance coverage of abortion care by private health
plans.
SEC. 22204. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the Federal Government, acting in its capacity as an
insurer, employer, or health care provider, should serve as a
model for the Nation to ensure coverage of abortion care; and
(2) moreover, restrictions on coverage of abortion care in
the private insurance market must end.
SEC. 22205. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to have any effect on
any Federal, State, or local law that includes more protections for
abortion coverage or care than those set forth in this subtitle.
SEC. 22206. SEVERABILITY.
If any portion of this subtitle or the application thereof to any
person or circumstances is held invalid, such invalidity shall not
affect the portions or applications of this subtitle which can be given
effect without the invalid portion or application.
Subtitle V--Improving Access to Mental Health
SEC. 22301. SHORT TITLE.
This subtitle may be cited as the ``Improving Access to Mental
Health Act''.
SEC. 22302. IMPROVED ACCESS TO MENTAL HEALTH SERVICES UNDER THE
MEDICARE PROGRAM.
(a) Access to Clinical Social Workers.--Section 1833(a)(1)(F)(ii)
of the Social Security Act (42 U.S.C. 1395l(a)(1)(F)(ii)) is amended by
striking ``75 percent of the amount determined for payment of a
psychologist under clause (L)'' and inserting ``85 percent of the fee
schedule amount provided under section 1848''.
(b) Access to Clinical Social Worker Services Provided to Residents
of Skilled Nursing Facilities.--
(1) In general.--Section 1888(e)(2)(A)(ii) of the Social
Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by
inserting ``clinical social worker services,'' after
``qualified psychologist services,''.
(2) Conforming amendment.--Section 1861(hh)(2) of the
Social Security Act (42 U.S.C. 1395x(hh)(2)) is amended by
striking ``and other than services furnished to an inpatient of
a skilled nursing facility which the facility is required to
provide as a requirement for participation''.
(c) Access to the Complete Set of Clinical Social Worker
Services.--Section 1861(hh)(2) of the Social Security Act (42 U.S.C.
1395x(hh)(2)) is amended--
(1) by striking ``for the diagnosis and treatment of mental
illnesses (other than services'' and inserting ``, including
services for the diagnosis and treatment of mental illnesses
and services for health and behavior assessment and
intervention as identified as of January 1, 2022, by HCPCS
codes 96150 through 96161 (and any succeeding codes), but not
including services''; and
(2) by striking ``) which'' and inserting ``, which''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2021.
Subtitle W--Sickle Cell Trait Research, Surveillance, and Public
Education and Awareness
SEC. 22401. FINDINGS.
Congress finds--
(1) sickle cell disease is the most common inherited blood
disorder in the United States, affecting approximately 100,000
people in the United States;
(2) more than 3,000,000 people in the United States have
the sickle cell trait, and many are unaware of their status;
(3) in 2010, the total number of babies born with sickle
cell trait was estimated to have exceeded 60,000, and the total
United States incidence estimate was 15.5 cases per 1,000
births;
(4) sickle cell disease occurs in about 1 out of every 365
Black or African-American births and 1 out of every 16,300
Hispanic-American births;
(5) individuals who have sickle cell trait have a 50-
percent chance of passing on the abnormal sickle cell gene to
future offspring and 25-percent chance of having future
children with sickle cell disease if both parents have the
trait;
(6) sickle cell disease can be identified before birth by
testing a sample of amniotic fluid or tissue from the placenta;
(7) individuals with sickle cell trait have the same life
expectancy as the general population, but are at risk for
certain conditions, including blood in the urine, kidney
cancer, complications with trauma to the eye, and tissue death
in the spleen at high altitudes, or may have a false positive
A1C test;
(8) during the 115th Congress, Public Law 115-327
reauthorized a sickle cell disease prevention and treatment
demonstration program and provided for sickle cell research,
surveillance, prevention, and treatment;
(9) following the enactment of Public Law 115-327, the
National Institutes of Health launched the Cure Sickle Cell
Initiative aimed at bringing genetic therapies into first-in-
human clinical trials within five years and moving newly
developed genetic therapies, including gene-editing approaches,
into clinical research;
(10) communication of a screening result consistent with
sickle cell trait should always be accompanied by appropriate
counseling on the implications, provided by an individual with
adequate training and understanding of the information;
(11) the limited research on the communication of sickle
cell trait test results to patients demonstrates that there is
a high prevalence of misleading information being communicated
during counseling sessions for sickle cell trait following
newborn screening by clinicians; and
(12) no studies have examined whether information on sickle
cell trait test results is being accurately transmitted to an
individual, whether by a family member or health care provider,
prior to a person's reproductive years.
SEC. 22402. SENSE OF CONGRESS.
Congress--
(1) recognizes the importance of ensuring that people in
the United States can make informed decisions as a result of
awareness of their sickle cell trait status;
(2) recognizes the ongoing challenges in addressing health
outcomes among people with sickle cell trait and sickle cell
disease;
(3) recognizes the importance of the development of, and
access to, new treatments for sickle cell disease;
(4) encourages the medical community, in coordination with
State and Federal Government, to work to ensure that all
individuals are made aware of their sickle cell trait status by
developing a common strategy for dissemination of screening
results, education, and counseling to parents and families in
collaboration with all 50 States' newborn screening programs;
(5) calls on the Department of Health and Human Services,
in collaboration with experts, to develop a surveillance and
public awareness campaign regarding the importance of knowing
one's sickle cell trait status and to gain knowledge on sickle
cell disease for all racial and ethnic groups in the United
States;
(6) commits to build on the progress of Public Law 115-327
which reauthorized a sickle cell disease prevention and
treatment demonstration program and provided for sickle cell
research, surveillance, prevention, and treatment;
(7) calls on the Department of Health and Human Services to
expand access for screening and appropriate counseling for
carriers of sickle cell trait;
(8) commits to ensuring support for research that expands
our understanding of the health outcomes and other implications
of sickle cell trait and the health outcomes associated with
sickle cell disease; and
(9) commits to ensuring equitable access among economic,
racial, and ethnic groups to new treatments in order to improve
health outcomes for those with sickle cell disease.
Subtitle X--National Youth HIV & AIDS Awareness Day
SEC. 22501. FINDINGS.
Congress finds that--
(1) National Youth HIV & AIDS Awareness Day is a nationwide
observance that calls on people to take action to invest in the
health, education, and leadership of young people;
(2) more than 30 years into the epidemic, the Centers for
Disease Control and Prevention (CDC) estimates that in the
United States more than 1,200,000 people are living with HIV,
and every year approximately 40,000 people acquire HIV;
(3) in the United States, almost 40 percent of new HIV
infections are young people ages 13 to 20;
(4) young people ages 13 to 24 account for one in five of
the estimated 40,000 new HIV cases diagnosed each year in the
United States;
(5) 41 percent of HIV-positive youth ages 13 to 24 do not
know they carry the HIV virus;
(6) African-American youth bear a disproportionate burden
of the epidemic, representing 57 percent of new infections in
young people ages 13 to 24;
(7) young African-American men who have sex with men (MSM)
ages 13 to 24 comprise 34 percent of new infections among all
Black males;
(8) the Division of Adolescent and School Health (DASH) is
the only Federal program supporting HIV prevention for
adolescents in schools;
(9) the Nation's largest Federal program dedicated to
providing care and treatment for people living with HIV was
named after Ryan White, a teenager from Indiana who helped
educate a Nation about HIV and AIDS in the 1980s;
(10) the Ryan White Part D Program is one of the national
efforts to link HIV-positive youth to medical care and support
services;
(11) the Patient Protection and Affordable Care Act (PPACA)
provides youth, including those at risk for and living with
HIV/AIDS, better access to health care coverage, more health
insurance options, additional funding for sex education, a
prohibition against denying people living with HIV access to
health care, and expanded access to Medicaid which will help
more HIV-positive youth receive care; and
(12) April 10 of each year is now recognized as National
Youth HIV & AIDS Awareness Day.
SEC. 22502. SENSE OF CONGRESS.
Congress--
(1) supports the goals and ideals of National Youth HIV &
AIDS Awareness Day;
(2) encourages State and local governments, including their
public health agencies, education agencies, schools, and media
organizations to recognize and support such a day;
(3) promotes effective and comprehensive HIV prevention
education programs both in and out of schools as a tool to
ensure that all people in the United States are educated about
HIV, as called for in the National HIV/AIDS Strategy;
(4) urges youth-friendly and accessible health care
services to better provide for the early identification of HIV
through voluntary routine testing, and to connect those in need
to clinically and culturally appropriate care and treatment as
early as possible;
(5) commends the work of AIDS service organizations,
community and faith-based organizations, and school-based
health centers that are providing youth-friendly, effective,
prevention, treatment, care, and support services to young
people living with and vulnerable to HIV/AIDS;
(6) recognizes the importance of interventions that address
young people's structural barriers to living healthy lives,
including accessible health care, safe and inclusive schools
and communities, family acceptance, secure housing, excellent
education, employment and legal protections, and poverty
reduction initiatives;
(7) prioritizes youth leadership and development in order
to ensure youth involvement in decisions which impact their
health and well-being as a necessary means to achieving an
AIDS-free generation;
(8) requires the full implementation of the National HIV/
AIDS Strategy and its goals to reduce new HIV infections,
increase access to care and improve health outcomes for people
living with HIV, reduce HIV-related disparities and health
inequities, and achieve a more coordinated national response to
the HIV/AIDS epidemic;
(9) recommends a comprehensive prevention and treatment
strategy that empowers young people, parents, public health
workers, educators, faith leaders, and other stakeholders to
fully engage with their communities and families to help
decrease violence, discrimination, and stigma towards
individuals who disclose their sexual orientation or HIV
status; and
(10) calls for an AIDS-free generation that prioritizes
youth leadership and development in order to ensure youth
involvement in decisions which impact their health and well-
being as well as advance a pipeline for the next generation of
HIV/AIDS doctors, advocates, educators, researchers, and other
professionals.
Subtitle Y--National Black HIV/AIDS Awareness Day
SEC. 22601. FINDINGS.
Congress finds that--
(1) the Centers for Disease Control and Prevention (CDC)
estimates that in the United States more than 1,100,000 people
are living with HIV, and 15 percent do not know they are
infected;
(2) in 2017, approximately 38,739 people were diagnosed
with HIV in the United States;
(3) since the beginning of the HIV/AIDS epidemic in the
United States, racial and ethnic minorities have been
disproportionately affected by the disease;
(4) African Americans are diagnosed with AIDS later than
their White counterparts, are confronted with greater barriers
in accessing care and treatment, and face higher morbidity and
mortality outcomes;
(5) African Americans account for nearly half of all those
with AIDS who have died in the United States since the
beginning of the epidemic;
(6) in 2015, 3,379 African Americans died of HIV or AIDS,
accounting for 52 percent of total deaths attributed to the
disease that year;
(7) in 2014, HIV/AIDS was the 6th leading cause of death
for Black men overall and for Black women ages 25-34, and the
5th for Black men ages 35-44 and 4th for Black women ages 35-44
in 2014, ranking higher than their respective counterparts in
any other racial/ethnic group;
(8) in 2016, African Americans represented 44 percent of
all people living with HIV in the United States, despite
comprising just 12 percent of the United States population;
(9) in 2016, over 17,000 African Americans were diagnosed
with HIV;
(10) African-American gay and bisexual men are more
affected by HIV than any other group in the United States,
accounting for a higher proportion of HIV diagnoses, those
living with HIV, those ever diagnosed with AIDS, and HIV/AIDS-
related deaths;
(11) in 2016, more than half of African Americans diagnosed
with HIV were gay or bisexual men;
(12) in 2016, among all gay and bisexual men who had
received an HIV diagnosis, African Americans accounted for the
highest number (38 percent);
(13) according to a 2016 study by the CDC, an estimated
half of Black gay men will be diagnosed with HIV in their
lifetime, if current HIV diagnoses rates persist;
(14) homophobia, stigma, and discrimination pose major
obstacles to HIV testing, treatment and other prevention
services for gay and bisexual African-American men;
(15) among all women diagnosed with HIV in 2016, 61 percent
were African American, despite comprising only 14 percent of
the female population in the United States;
(16) African-American women face the highest risk of HIV
and other sexually transmitted infections (STIs) compared with
women of other groups;
(17) the HIV diagnosis rate for African-American women
remains 16 times as high as that of White women, and almost
five times that of Hispanic women;
(18) among African-American women, the leading transmission
category of HIV infection is heterosexual contact, followed by
intravenous drug use;
(19) research indicates that the high incarceration rates
of Black men may contribute to the disproportionate rates of
HIV infections among Black women;
(20) in 2010--the most recent data available--there were
more than 20,000 inmates with HIV/AIDS in State and Federal
prisons, a prevalence that is 4 times the rate of HIV in the
general population;
(21) among incarcerated populations, African-American men
are 5 times as likely as White men, and twice as likely as
Hispanic/Latino men, to be diagnosed with HIV;
(22) among incarcerated populations, African-American women
are more than twice as likely to be diagnosed with HIV as White
or Hispanic/Latino women;
(23) transgender women in the United States are at high
risk for HIV;
(24) more than half of all transgender people diagnosed
with HIV are Black or African American;
(25) the Southern United States now experiences the highest
burden of the HIV/AIDS epidemic;
(26) in 2017, the South made up 52 percent of the new HIV
diagnoses in the United States;
(27) African Americans are severely and disproportionately
affected by HIV in the South, accounting for 53 percent of all
new HIV infections in the region;
(28) socioeconomic issues impact the rates of HIV infection
among African Americans in the South and throughout the United
States;
(29) socioeconomic factors like income inequality, poverty,
and lack of access to HIV prevention education and basic health
services, and cultural factors like homophobia, transphobia,
and racism all pose significant challenges to combating the
HIV/AIDS epidemic;
(30) we are seeing signs of progress;
(31) from 2011 to 2015, HIV diagnoses among African-
American women fell by nearly 20 percent and have also fallen
sharply among African Americans who inject drugs;
(32) testing, education, counseling, and harm reduction
practices are all critical to prevent HIV;
(33) life-saving treatment is also a proven prevention
tool, and research shows that antiretroviral drugs can reduce
the amount of virus to undetectable levels (also known as viral
suppression), effectively resulting in no risk of transmission
of HIV;
(34) in 2012, the Food and Drug Administration approved
pre-exposure prophylaxis (PrEP) as prevention for people who
are HIV-negative;
(35) PrEP can reduce the risk of HIV infection for HIV-
negative people by up to 99 percent;
(36) in 1998, Congress and the Clinton administration
created the National Minority AIDS Initiative to help
coordinate funding, build capacity, and provide prevention,
care, and treatment services within the African-American,
Hispanic, Asian Pacific Islander, and Native American
communities;
(37) the National Minority AIDS Initiative assists with
leadership development of community-based organizations (CBOs),
establishes and links provider networks, builds community
prevention infrastructure, promotes technical assistance among
CBOs, and raises awareness among African-American communities;
(38) 2019 marks the twenty-first year of the National
Minority AIDS Initiative which has successfully established
life-saving services and programs to address the needs of those
communities, families, and individuals most impacted and
burdened HIV;
(39) in 2010, the Obama administration unveiled the first
National HIV/AIDS Strategy, which identified a set of
priorities and strategic action steps tied to measurable
outcomes for moving the Nation forward in addressing the
domestic HIV epidemic;
(40) in 2013, the National Association for the Advancement
of Colored People (NAACP) released a manual of best practices
for faith leaders to mobilize communities, advocate for
community support for people infected with and affected by HIV/
AIDS, and organize dialogues on HIV/AIDS as a social justice
issue as part of ``The Black Church and HIV: The Social Justice
Imperative'';
(41) in July 2015, the ``National HIV/AIDS Strategy for the
United States: Updated to 2020'' was released and included
actions and goals in order to reduce HIV-related disparities
and inequalities;
(42) the Affordable Care Act's expansion of Medicaid and
reforms to the individual insurance market have helped lower
the uninsured rates for nonelderly African Americans by more
than one-third between 2013 and 2016, leading to better health
outcomes for African Americans living with or at risk of HIV;
(43) National Black HIV/AIDS Awareness Day was founded by 5
national organizations in 1999 to provide capacity-building
assistance to Black communities and organizations; and
(44) each year on February 7, individuals, organizations,
and policy makers across the Nation participate in National
Black HIV/AIDS Awareness Day to promote HIV education, testing,
community involvement, and treatment in Black communities.
SEC. 22602. SENSE OF CONGRESS.
Congress--
(1) supports the goals and ideals of National Black HIV/
AIDS Awareness Day;
(2) encourages State and local governments, including their
public health agencies, and media organizations to recognize
and support such day, to publicize its importance among their
communities, and to encourage individuals, especially African
Americans, to get tested for HIV;
(3) commends the work of AIDS service organizations,
community-based organizations, faith-based organizations
providers, community health centers and health departments that
are providing effective, evidence-based, prevention, treatment,
care, and support services to people living with and vulnerable
to HIV/AIDS;
(4) supports the implementation of the National HIV/AIDS
Strategy and its goals to reduce new HIV infections, increase
access to care and improve health outcomes for people living
with HIV, reduce HIV-related disparities and health inequities,
and achieve a more coordinated national response to the HIV/
AIDS epidemic;
(5) supports reducing the impact of incarceration as a
driver of new HIV infections within the African-American
community;
(6) supports reducing the number of HIV infections in the
African-American community resulting from intravenous drug use;
(7) supports effective and comprehensive HIV prevention
education programs to promote the early identification of HIV
through voluntary routine testing, and to connect those in need
to clinically and culturally appropriate care and treatment as
early as possible;
(8) supports appropriate funding for HIV/AIDS prevention,
care, treatment, research, and housing, including community-
based approaches to fight stigma, discrimination, racism,
sexism, homophobia, and transphobia; and
(9) encourages comprehensive prevention, treatment, and
care strategies that empower public health workers, educators,
faith leaders, and other stakeholders to engage their
communities to help decrease violence, discrimination, and
stigma towards individuals who disclose their sexual
orientation, gender identity, or HIV status.
Subtitle Z--Repeal Existing Policies That Encourage and Allow Legal HIV
Discrimination
SEC. 22701. SHORT TITLE.
This subtitle may be cited as the ``Repeal Existing Policies that
Encourage and Allow Legal HIV Discrimination Act of 2020'' or the
``REPEAL HIV Discrimination Act of 2020''.
SEC. 22702. FINDINGS.
The Congress makes the following findings:
(1) At present, 34 States and 2 United States territories
have criminal statutes based on perceived exposure to HIV,
rather than behaviors motivated by an intent to harm,
presenting a significant risk of transmission and resulting in
actual transmission of HIV to another. Eleven States have HIV-
specific laws that make spitting or biting a felony, even
though it is not possible to transmit HIV via saliva. Twenty-
four States require persons who are aware that they have HIV to
disclose their status to sexual partners, regardless of whether
they are non-infectious. Fourteen of these 24 States also
require disclosure to needle-sharing partners. Twenty-five
States criminalize one or more behaviors that pose a low or
negligible risk for HIV transmission.
(2) HIV-specific criminal laws are classified as felonies
in 28 States; in three States, a person's exposure to another
to HIV does not subject the person to criminal prosecution for
that act alone, but may result in a sentence enhancement.
Eighteen States impose sentences of up to 10 years per
violation; seven impose sentences between 11 and 20 years; and
five impose sentences of greater than 20 years.
(3) When members of the Armed Forces acquire HIV, they are
issued orders that require them to disclose and use a condom
under all circumstances including when the known risk of
transmission is zero. Failure to disclose can result in
prosecution under the Uniform Code of Military Justice (UCMJ).
(4) The number of prosecutions, arrests, and instances
where HIV-based charges are used to induce plea agreements is
unknown. Because State-level prosecution and arrest data are
not readily available in any national legal database, the
societal impact of these laws may be underestimated and most
cases that go to trial are not reduced to written, published
opinions.
(5) State and Federal criminal law does not currently
reflect the three decades of medical advances and discoveries
made with regard to transmission and treatment of HIV/AIDS.
(6) According to CDC, correct and consistent male or female
condom use is very effective in preventing HIV transmission.
However, most State HIV-specific laws and prosecutions do not
treat the use of a condom during sexual intercourse as a
mitigating factor or evidence that the defendant did not intend
to transmit HIV.
(7) Criminal laws and prosecutions do not take into account
the benefits of effective antiretroviral medications, which
suppress the virus to extremely low levels and further reduce
the already low risk of transmitting HIV to near zero.
(8) In addition to HIV-specific criminal laws, general
criminal laws are often misused to prosecute people based on
their HIV status. Although HIV, and even AIDS, currently is
viewed as a treatable, chronic, medical condition, people
living with HIV have been charged under aggravated assault,
attempted murder, and even bioterrorism statutes because
prosecutors, courts, and legislators continue to view and
characterize the blood, semen, and saliva of people living with
HIV as a ``deadly weapon''.
(9) Multiple peer-reviewed studies demonstrate that HIV-
specific laws do not reduce risk-taking behavior or increase
disclosure by people living with or at risk of HIV, and there
is increasing evidence that these laws reduce the willingness
to get tested. Furthermore, placing legal responsibility for
preventing the transmission of HIV and other pathogens that can
be sexually transmitted exclusively on people diagnosed with a
sexually transmitted infection undermines the public health
message that all people are responsible for practicing
behaviors that protect themselves from HIV and other sexually
transmitted infections. Unfortunately, some State laws create
an expectation of disclosure work against public health
communication and discourage risk-reduction measures that could
prevent transmission as a result of those who are acutely
infected and unaware of their status.
(10) The identity of an individual subject to an HIV-based
prosecution is broadcast through media reports, potentially
destroying employment opportunities and relationships and
violating the person's right to privacy.
(11) Individuals who are convicted after an HIV-based
prosecution often must register as sex offenders even in cases
involving consensual sexual activity. Their employability is
destroyed, and their family relationships are fractured.
(12) The United Nations, including the Joint United Nations
Programme on HIV/AIDS (UNAIDS), urges governments to ``limit
criminalization to cases of intentional transmission.'' This
requirement would limit prosecutions to situations ``where a
person knows his or her HIV-positive status, acts with the
intention to transmit HIV, and does in fact transmit it''.
UNAIDS also recommends that criminal law should not be applied
to cases where there is no significant risk of transmission.
(13) In 2010, the Federal Government released the first
ever National HIV/AIDS Strategy (NHAS), which addressed HIV-
specific criminal laws, stating: ``While we understand the
intent behind these laws, they may not have the desired effect
and they may make people less willing to disclose their status
by making people feel at even greater risk of discrimination.
In some cases, it may be appropriate for legislators to
reconsider whether existing laws continue to further the public
interest and public health. In many instances, the continued
existence and enforcement of these types of laws run counter to
scientific evidence about routes of HIV transmission and may
undermine the public health goals of promoting HIV screening
and treatment.''. The NHAS also states that State legislatures
should consider reviewing HIV-specific criminal statutes to
ensure that they are consistent with current knowledge of HIV
transmission and support public health approaches to preventing
and treating HIV.
(14) The Global Commission on HIV and the Law was launched
in June 2010 to examine laws and practices that criminalize
people living with and vulnerable to HIV and to develop
evidence-based recommendations for effective HIV responses. The
Commission calls for ``governments, civil society and
international bodies to repeal punitive laws and enact laws
that facilitate and enable effective responses to HIV
prevention, care and treatment services for all who need
them''. The Commission recommends against the enactment of
``laws that explicitly criminalize HIV transmission, exposure
or non-disclosure of HIV status, which are counterproductive''.
(15) In February 2019, the Department of Health and Human
Services (HHS) launched ``Ending the HIV Epidemic: A Plan for
America,'' a new initiative with an ambitious goal to end the
domestic HIV epidemic in ten years by reducing new cases of HIV
by 75 percent by 2025 and by 90 percent by 2030. In this plan,
HHS notes that stigma ``can be a debilitating barrier
preventing people living with, or at risk for, HIV from
receiving the health care, services, and respect they need and
deserve.'' Many of the States and jurisdictions identified as a
priority for the first five years of the plan have stigma-based
criminal statutes for perceived exposure to HIV. These statutes
run counter to the goals of this new initiative and stand in
the way of ending the domestic HIV epidemic.
SEC. 22703. SENSE OF CONGRESS REGARDING LAWS OR REGULATIONS DIRECTED AT
PEOPLE LIVING WITH HIV.
It is the sense of Congress that Federal and State laws, policies,
and regulations regarding people living with HIV--
(1) should not place unique or additional burdens on such
individuals solely as a result of their HIV status; and
(2) should instead demonstrate a public health-oriented,
evidence-based, medically accurate, and contemporary
understanding of--
(A) the multiple factors that lead to HIV
transmission;
(B) the relative risk of demonstrated HIV
transmission routes;
(C) the current health implications of living with
HIV;
(D) the associated benefits of treatment and
support services for people living with HIV; and
(E) the impact of punitive HIV-specific laws,
policies, regulations, and judicial precedents and
decisions on public health, on people living with or
affected by HIV, and on their families and communities.
SEC. 22704. REVIEW OF FEDERAL AND STATE LAWS.
(a) Review of Federal and State Laws.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General, the Secretary
of Health and Human Services, and the Secretary of Defense
acting jointly (in this section referred to as the ``designated
officials'') shall initiate a national review of Federal and
State laws, policies, regulations, and judicial precedents and
decisions regarding criminal and related civil commitment cases
involving people living with HIV/AIDS, including in regard to
the Uniform Code of Military Justice (UCMJ).
(2) Consultation.--In carrying out the review under
paragraph (1), the designated officials shall seek to include
diverse participation from, and consultation with, each of the
following:
(A) Each State.
(B) State attorneys general (or their
representatives).
(C) State public health officials (or their
representatives).
(D) State judicial and court system officers,
including judges, district attorneys, prosecutors,
defense attorneys, law enforcement, and correctional
officers.
(E) Members of the United States Armed Forces,
including members of other Federal services subject to
the UCMJ.
(F) People living with HIV/AIDS, particularly those
who have been subject to HIV-related prosecution or who
are from minority communities whose members have been
disproportionately subject to HIV-specific arrests and
prosecution.
(G) Legal advocacy and HIV/AIDS service
organizations that work with people living with HIV/
AIDS.
(H) Nongovernmental health organizations that work
on behalf of people living with HIV/AIDS.
(I) Trade organizations or associations
representing persons or entities described in
subparagraphs (A) through (G).
(3) Relation to other reviews.--In carrying out the review
under paragraph (1), the designated officials may utilize other
existing reviews of criminal and related civil commitment cases
involving people living with HIV, including any such review
conducted by any Federal or State agency or any public health,
legal advocacy, or trade organization or association if the
designated officials determines that such reviews were
conducted in accordance with the principles set forth in
section 22903.
(b) Report.--Not later than 180 days after initiating the review
required by subsection (a), the Attorney General shall transmit to the
Congress and make publicly available a report containing the results of
the review, which includes the following:
(1) For each State and for the UCMJ, a summary of the
relevant laws, policies, regulations, and judicial precedents
and decisions regarding criminal cases involving people living
with HIV, including the following:
(A) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
place any unique or additional burdens upon people
living with HIV.
(B) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
demonstrate a public health-oriented, evidence-based,
medically accurate, and contemporary understanding of--
(i) the multiple factors that lead to HIV
transmission;
(ii) the relative risk of HIV transmission
routes, including that a person that has an
undetectable viral load cannot transmit the
disease;
(iii) the current health implications of
living with HIV;
(iv) the current status of providing
protection to people who engage in survival sex
work against whom condom possession has been
used as evidence to intent to commit a crime;
(v) States that have the classification of
mandatory sex offenders;
(vi) the associated benefits of treatment
and support services for people living with
HIV; and
(vii) the impact of punitive HIV-specific
laws and policies on public health, on people
living with or affected by HIV, and on their
families and communities, including people who
are in abusive, dependent, violent, and non-
consensual relationships and are unable to both
negotiate the use of condoms and status
disclosure.
(C) An analysis of the public health and legal
implications of such laws, policies, regulations, and
judicial precedents and decisions, including an
analysis of the consequences of having a similar penal
scheme applied to comparable situations involving other
communicable diseases.
(D) An analysis of the proportionality of
punishments imposed under HIV-specific laws, policies,
regulations, and judicial precedents, taking into
consideration penalties attached to violation of State
laws against similar degrees of endangerment or harm,
such as driving while intoxicated (DWI) or transmission
of other communicable diseases, or more serious harms,
such as vehicular manslaughter offenses.
(2) An analysis of common elements shared between State
laws, policies, regulations, and judicial precedents.
(3) A set of best practice recommendations directed to
State governments, including State attorneys general, public
health officials, and judicial officers, in order to ensure
that laws, policies, regulations, and judicial precedents
regarding people living with HIV are in accordance with the
principles set forth in section 22903.
(4) Recommendations for adjustments to the UCMJ, including
discontinuing the use of a service member's HIV diagnosis as
the basis for prosecution, enhanced penalties, or discharge
from military service, in order to ensure that laws, policies,
regulations, and judicial precedents regarding people living
with HIV are in accordance with the principles set forth in
section 22903. Such recommendations should include any
necessary and appropriate changes to ``Orders to Follow
Preventative Medicine Requirements''.
(c) Guidance.--Within 90 days of the release of the report required
by subsection (b), the Attorney General and the Secretary of Health and
Human Services, acting jointly, shall develop and publicly release
updated guidance for States based on the set of best practice
recommendations required by subsection (b)(3) in order to assist States
dealing with criminal and related civil commitment cases regarding
people living with HIV.
(d) Monitoring and Evaluation System.--Within 60 days of the
release of the guidance required by subsection (c), the Attorney
General and the Secretary of Health and Human Services, acting jointly,
shall establish an integrated monitoring and evaluation system which
includes, where appropriate, objective and quantifiable performance
goals and indicators to measure progress toward statewide
implementation in each State of the best practice recommendations
required in subsection (b)(3).
(e) Modernization of Federal Laws, Policies, and Regulations.--
Within 90 days of the release of the report required by subsection (b),
the designated officials shall develop and transmit to the President
and the Congress, and make publicly available, such proposals as may be
necessary to implement adjustments to Federal laws, policies, or
regulations, including to the Uniform Code of Military Justice, based
on the recommendations required by subsection (b)(4), either through
Executive order or through changes to statutory law.
SEC. 22705. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to discourage the
prosecution of individuals who intentionally transmit or attempt to
transmit HIV to another individual.
SEC. 22706. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
This subtitle shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 22707. DEFINITIONS.
For purposes of this subtitle:
(1) HIV and hiv/aids.--The terms ``HIV'' and ``HIV/AIDS''
have the meanings given to them in section 2689 of the Public
Health Service Act (42 U.S.C. 300ff-88).
(2) State.--The term ``State'' includes the District of
Columbia, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands.
Subtitle AA--Pandemic Community Reserve and Public Health Response Act
SEC. 22801. SHORT TITLE.
This Act may be cited as the ``Pandemic Community Reserve and
Public Health Response Act''.
SEC. 22802. GRANTS TO INCREASE FEDERAL PUBLIC HEALTH RESERVE CORPS
PERSONNEL.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human Services
shall--
(1) award grants to State, local, and Tribal public health
departments to train and equip public health and medical
personnel to serve as Federal public health reserve corps
personnel to assist with testing, contact tracing, and
treatment of COVID-19;
(2) reactivate retired personnel of any such corps to
assist with such testing, contact tracing, and treatment of
COVID-19; and
(3) in consultation with the Secretary of Labor, award
grants to local workforce development boards established under
section 107 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3122) to develop transition plans (including career
exposure, career planning, and career pathways) and
transferable credits and certifications for Federal public
health reserve corps personnel to pursue further service in a
health-related career.
(b) Funds.--A State, local, or Tribal health department that
receives a grant under this section may use funds received through the
grant awarded under subsection (a)(1) to establish partnerships with
medical training and public health programs, such as medical schools,
nursing schools, respiratory therapy programs, and community-based
organizations, to recruit individuals to serve as Federal public health
reserve corps personnel.
(c) Priority.--In establishing partnerships under subsection (b), a
State, local, or Tribal health department that receives a grant under
this section shall give priority to institutions eligible to receive
funding under section 371 of the Higher Education Act of 1965 (20
U.S.C. 1067q).
(d) Training.--The Secretary of Health and Human Services shall
establish, in consultation with the Secretary of Defense, a national
training program (in digital and in-person formats) for individuals
serving as Federal public health reserve corps personnel with respect
to responding to COVID-19, including necessary surge capacity and
activation on short notice in local communities, including hot spot
areas with 100 or more COVID-19 hospital admissions. Any certification
received for completion of any such training shall not supersede any
training required under State law for public health personnel.
(e) Reports.--Not later than 1 year after the date on which the
emergency period (as defined in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B))) ends, and annually
thereafter, the Secretary of Health and Human Services shall submit to
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor, and Pensions of the
Senate a report on the state of the Federal public health reserve
corps, including--
(1) the rate of participation by members of racial and
ethnic minority groups in such corps;
(2) specific occupations of corps personnel;
(3) careers attained after service in the corps; and
(4) specific recommendations on the amount of funding
necessary for successful deployment of Federal heath reserve
corps personnel during public health emergencies.
(f) Federal Public Health Reserve Corp.--In this section, the term
``Federal public health reserve corps'' includes--
(1) Federal public health and medical personnel under the
authority of the Secretary, including the Ready Reserve Corps,
the Regular Corps, the National Disaster Medical System, the
Medical Reserve Corps, and the Emergency System for Advance
Registration of Volunteer Health Professionals;
(2) personnel of the Federal Emergency Management Agency
appointed under section 306(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149);
(3) personnel of the Pandemic Community Reserve Corps; and
(4) members of the National Guard.
(g) State Defined.--In this section, the term ``State'' has the
meaning given that term in section 101 of title 38, United States Code.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000,000 to remain
available until expended.
SEC. 22803. GRANTS TO ESTABLISH PANDEMIC COMMUNITY RESERVE CORPS.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Health and Human Services, in
consultation with the Office of Minority Health and Health Equity of
the Centers for Disease Control and Prevention, shall award grants to
State, local, and Tribal public health departments to establish and
operate a Pandemic Community Reserve Corps within the jurisdiction of
such State, local, or Tribal public health department for the purposes
of--
(1) increasing diversity in recruitment of reserve corps
personnel;
(2) ensuring a locally-sourced public health workforce to
supplement the existing State and Federal public health
infrastructure; and
(3) assisting with testing, contact tracing, and treatment
of COVID-19.
(b) Conditions.--The Secretary of Health and Human Services shall,
as a condition on the receipt of a grant under this section, require
that a State, local, or Tribal public health department that receives a
grant under this section--
(1) requires that personnel of the Pandemic Community
Reserve Corps complete training under the national program
established under section 1(d); and
(2) in establishing and operating a Pandemic Community
Reserve Corps, gives priority to dislocated workers, the
underemployed, youth, veterans, and individuals with barriers
to employment.
(c) Reports.--
(1) Reports to secretary.--Not later than 1 year after the
date on which the first grant is awarded under this section,
and annually thereafter, each State, local, and Tribal public
health department receiving such a grant shall submit to the
Secretary of Health and Human Services a report on the state of
the Pandemic Community Reserve Corps within the jurisdiction of
such State, local, or Tribal public health department,
including--
(A) the rate of participation by members of racial
and ethnic minority groups in such corps;
(B) specific occupations of corps personnel;
(C) careers attained after service in the corps;
and
(D) specific recommendations on the amount of
funding necessary for successful deployment of Pandemic
Community Reserve Corps personnel during public health
emergencies.
(2) Report to congress.--Not later than 1 year after the
date on which the emergency period (as defined in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B))) ends, and annually thereafter, the Secretary of
Health and Human Services shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the state of the Pandemic Community Reserve
Corps receiving funding pursuant to this section, including the
information specified in each of subparagraphs (A) through (D)
of paragraph (1).
(d) Definitions.--In this section:
(1) Locally-sourced.--The term ``locally-sourced'' means,
with respect to personnel of a Pandemic Community Reserve Corps
established pursuant to subsection (a), individuals residing
within the community or communities served by that Pandemic
Community Reserve Corps that reflect the diversity of such
community or communities.
(2) State.--The term ``State'' has the meaning given that
term in section 101 of title 38, United States Code.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000,000 to remain
available until expended.
Subtitle BB--Researching and Ending Disparities by Understanding
Creating Equity Act of 2020
SEC. 22901. SHORT TITLE.
This Act may be cited as the ``Researching and Ending Disparities
by Understanding and Creating Equity Act of 2020'' or the ``REDUCE Act
of 2020''.
SEC. 22902. HEALTH IN ALL POLICIES DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') acting through the
Director of the Centers for Disease Control and Prevention and in
coordination with relevant agencies including the Department of
Education, the Department of Agriculture, the Department of Housing and
Urban Development, the Department of Justice, the Department of Labor,
the Environmental Protection Agency, and the Department of
Transportation, shall implement a grant program, to be known as the
Health in All Policies Demonstration Project.
(b) Grants.--In carrying out subsection (a), the Secretary shall
award grants to eligible entities to establish, implement, or enhance,
in the jurisdiction of the respective entity, a collaborative,
interdisciplinary, and community-focused approach to improve the health
of all communities and individuals that--
(1) integrates and articulates health considerations in
policymaking across sectors;
(2) addresses--
(A) health;
(B) equity; and
(C) sustainability; and
(3) targets a significant proportion of Medicare
beneficiaries, Medicare-Medicaid dual eligibles, or long-term
care Medicaid recipients.
(c) Evaluation.--The Secretary shall identify metrics for
evaluating the implementation of a grant under this section and, using
such metrics, evaluate each grantee on the extent to which the approach
implemented through the grant--
(1) supports intersectoral collaboration;
(2) benefits multiple partners;
(3) engages stakeholders;
(4) creates structural or procedural change;
(5) impacts or relates to a model or demonstration project
administered by the Centers for Medicare & Medicaid Services,
such as an advanced payment model; and
(6) provides cost savings, delivers efficiencies, and
improves overall health, including health disparity reduction
and health equity improvements.
(d) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
(1) be a State, territory, Indian Tribe, or local
governmental entity; and
(2) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
(e) Prioritization; Geographical Diversity.--In awarding grants
under this section, the Secretary shall--
(1) give priority to eligible entities seeking to use a
grant to improve, as described in subsection (b), the health of
populations that--
(A) are target populations described in subsection
(b)(3); and
(B) have significant health inequities throughout
the populations; and
(2) seek to ensure geographical diversity among grantees.
(f) Reports by Grantees.--As a condition on receipt of a grant
under this section, the Secretary shall require grantees to--
(1) provide a report to the Secretary upon completion of
the Health in All Policies Demonstration Project; and
(2) include in such report the extent to which the approach
implemented achieved the goals listed in paragraphs (1) through
(6) of subsection (c).
(g) Report to Congress.--
(1) Submission.--The Secretary shall submit to Congress--
(A) not later than one year after the date of
enactment of this Act, an initial report on the Health
in All Policies Demonstration Project; and
(B) not later than one year after the completion of
the project, a final report on the project.
(2) Contents of initial report.--The report under paragraph
(1)(A) shall include--
(A) evaluation the success of soliciting
applications;
(B) identification of the number of applications
received;
(C) specification of the timeline for awarding
funding; and
(D) identification of barriers to implementing the
Health in All Policies Demonstration Project, if any.
(3) Contents of final report.--The report under paragraph
(1)(B) shall include--
(A) an assessment of the Health in All Policies
Demonstration Project, including an evaluation of the
effectiveness of the Demonstration Project; and
(B) recommendations for Federal legislative actions
to--
(i) integrate, based on such assessment, a
collaborative and interdisciplinary approach to
improve the health of all communities; and
(ii) support eligible entities in pursuing
a comparable integration of such an approach
across State programs.
(h) Definitions.--In this section:
(1) The term ``Medicare beneficiaries'' means individuals
entitled to part A of title XVIII of the Social Security Act
(42 U.S.C. 1395c et seq.) and enrolled under part B of such
title (42 U.S.C. 1395j et seq.).
(2) The term ``Medicare-Medicaid dual eligibles'' means
individuals who are dually eligible for benefits under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and
title XIX of such Act (42 U.S.C. 1396 et seq.).
(i) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $2,000,000 for the period of
fiscal years 2021 through 2024.
SEC. 22903. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND MEDICINE
REPORT.
(a) In General.--The Secretary of Health and Human Services shall
seek to enter into an arrangement, not later than 60 days after the
date of enactment of this Act, with the National Academies of Sciences,
Engineering, and Medicine (or if the Academies decline to enter into
such arrangement, another appropriate entity) under which the Academies
(or other appropriate entity) agrees to prepare a report on eliminating
health disparities to improve health equity.
(b) Report.--
(1) Contents.--The report prepared pursuant to subsection
(a) shall--
(A) review evidence on how social determinants of
health affect health outcomes among middle-income
Medicare beneficiaries and Medicare-Medicaid dual
eligibles;
(B) examine successful interventions, including
with respect to health outcomes, that address social
determinants of health (including transportation,
meals, housing, access to health care, personal care
assistance, and access to long-term services and
supports), reduce health disparities, and improve
health equity;
(C) make conclusions regarding--
(i) the effectiveness of existing programs
and policies of the Centers for Medicare &
Medicaid Services intended to reduce health
disparities;
(ii) best practices and successful
strategies that reduce health disparities; and
(iii) efforts needed to address health
disparities related to health care workforce
shortages; and
(D) make recommendations regarding--
(i) priorities for health disparities
interventions within Federal health care
programs; and
(ii) potential opportunities for expansion
or replication of successful interventions and
payment models to reduce health disparities and
improve health equity.
(2) Submission.--The arrangement under subsection (a) shall
require the National Academies of Sciences, Engineering, and
Medicine (or other appropriate entity), not later than 18
months after entering into such arrangement, to finalize the
report prepared pursuant to such arrangement and submit such
report to the Committees on Energy and Commerce and Ways and
Means of the House of Representatives and the Committees on
Finance and Health, Education, Labor, and Pensions of the
Senate.
(c) Definitions.--In this section:
(1) The term ``health equity'' means a State where all
individuals are able to attain their full health potential and
no one is hindered from achieving this potential due to social
position or another socially determined circumstance.
(2) The term ``middle-income Medicare beneficiaries'' means
individuals entitled to part A of title XVIII of the Social
Security Act (42 U.S.C. 1395c et seq.) and enrolled under part
B of such title (42 U.S.C. 1395j et seq.) who have an income
that is not below 125 percent of the poverty line applicable to
a family of the size involved, but not more than 400 percent of
the poverty line so applicable.
(3) The term ``Medicare-Medicaid dual eligibles'' means
individuals who are dually eligible for benefits under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and
title XIX of such Act (42 U.S.C. 1396 et seq.).
(4) The term ``social determinants of health'' refers to
the conditions in the environments in which people live, learn,
work, play, worship, and age that affect a wide range of
health, functioning, and quality-of-life outcomes and risks.
Subtitle CC--Study, Treat, Observe and Prevent Neglected Diseases of
Poverty Act (short Title STOP Neglected Diseases of Poverty Act)
SEC. 23001. SHORT TITLE.
This Act may be cited as the ``Study, Treat, Observe, and Prevent
Neglected Diseases of Poverty Act'' or the ``STOP Neglected Diseases of
Poverty Act''.
SEC. 23002. FINDINGS.
Congress finds as follows:
(1) Neglected diseases of poverty, many of which are also
known as ``neglected tropical diseases'', are a group of
diseases that disproportionately affect vulnerable populations
living in extreme poverty.
(2) More than 1,000,000,000 people worldwide are affected
by neglected diseases of poverty.
(3) Neglected diseases of poverty can be transmitted--
(A) through contaminated food, water, and soil;
(B) through parasites, insects, blood transfusion,
and organ transplant; and
(C) in some cases, congenitally.
(4) Neglected diseases of poverty have a high rate of
morbidity and mortality and can lead to health complications
such as heart disease, epilepsy, asthma, blindness,
developmental delays, stillbirth, low birthweight, and
gastrointestinal disorders.
(5) Some neglected diseases of poverty can be asymptomatic
at the outset, but debilitating or dangerous symptoms can
emerge over time or under certain conditions, such as
pregnancy. It is estimated that millions of people are living
with these diseases and are not aware that they are infected.
(6) For tens of thousands of individuals, diseases of
poverty that are chronic and neglected can manifest into severe
illness later in life.
(7) Neglected diseases of poverty place a significant
financial burden on affected individuals and communities due to
the health care costs associated with these diseases and
because these diseases limit individuals' productivity and
ability to be active contributors to their communities. This
burden could largely be prevented through early screening and
treatment, which are highly cost effective.
(8) Since its inception in 2006, the Neglected Tropical
Diseases Program at the United States Agency for International
Development and its partners, including the Centers for Disease
Control and Prevention, have delivered more than 1,600,000,000
treatments to more than 743,000,000 people.
(9) Due to the support provided by the United States Agency
for International Development and its partners, 140,000,000
people live in regions where they are no longer at risk of
contracting lymphatic filariasis, and 65,000,000 people live in
regions where they are no longer at risk of contracting
trachoma.
(10) Although the exact prevalence and burden of these
diseases in the United States is unknown because of stigma and
limited reporting, surveillance, and awareness, one study
estimates that there are 12,000,000 individuals living with a
neglected disease of poverty throughout the country. These
diseases disproportionately affect racial and ethnic minorities
living in poverty and in regions where water quality and
sanitation are substandard.
(11) The major neglected diseases of poverty in the United
States that predominantly occur among those living in poverty
are the following: Toxo-cariasis, cysticercosis, Chagas
disease, toxoplasmosis, trichomoniasis, and Dengue Fever.
(12) There is a lack of diagnostic and treatment programs,
including for early diagnosis and treatment, for neglected
diseases of poverty. These programs would be highly cost
effective and would significantly reduce the burden of
morbidity and mortality of these diseases.
(13) Funding for research, preventive strategies, and the
development of treatments and diagnostic tests for neglected
diseases of poverty in the United States is limited.
SEC. 23003. SENSE OF CONGRESS.
It is the sense of Congress that there is a need to study the
prevalence and incidence of neglected diseases of poverty in the United
States, identify preventive methods to combat neglected diseases of
poverty, conduct research that will lead to more treatments and
diagnostic tests for neglected diseases of poverty, and supply health
care providers, public health professionals, and affected individuals
and communities with educational resources on neglected diseases of
poverty.
SEC. 23004. DEFINITION OF NEGLECTED DISEASES OF POVERTY.
In this Act, the term ``neglected diseases of poverty'' has the
meaning given such term in section 399OO(e) of the Public Health
Service Act, as added by section 23005.
SEC. 23005. PROGRAMS RELATING TO NEGLECTED DISEASES OF POVERTY.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--PROGRAMS RELATING TO NEGLECTED DISEASES OF POVERTY IN THE
UNITED STATES
``SEC. 399OO. INTERAGENCY TASK FORCE ON NEGLECTED DISEASES OF POVERTY
IN THE UNITED STATES.
``(a) Establishment.--Not later than 180 days after the date of
enactment of the Study, Treat, Observe, and Prevent Neglected Diseases
of Poverty Act, the Secretary shall establish an Interagency Task Force
on Neglected Diseases of Poverty in the United States to provide advice
and recommendations to the Secretary and Congress to prevent, treat,
and diagnose neglected diseases of poverty in the United States.
``(b) Members.--The task force shall be comprised of
representatives of--
``(1) the Department of Health and Human Services,
including the Assistant Secretary for Health and
representatives from the Centers for Disease Control and
Prevention, the Food and Drug Administration, the Health
Resources and Services Administration, the National Institutes
of Health, and the Biomedical Advanced Research and Development
Authority;
``(2) the Department of State;
``(3) the United States Agency for International
Development;
``(4) the Department of Agriculture;
``(5) the Department of Housing and Urban Development;
``(6) the Environmental Protection Agency; and
``(7) any other Federal agency that has jurisdiction over,
or is affected by, neglected diseases of poverty policies and
projects, as determined by the Secretary.
``(c) Initial Report.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Study, Treat, Observe, and Prevent
Neglected Diseases of Poverty Act, the task force shall submit
a report to the Secretary based on a review of relevant
literature to identify gaps in efforts, and guide future
efforts, to prevent, identify, and treat neglected diseases of
poverty in the United States, particularly toxocariasis,
cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis,
and Dengue Fever. The report shall include a summary of
findings with respect to--
``(A) estimated prevalence of neglected diseases of
poverty in the United States;
``(B) geographic distribution and major
distribution routes of neglected diseases of poverty in
the United States;
``(C) disparities with respect to the burden of
neglected diseases of poverty in the United States;
``(D) risk factors for neglected diseases of
poverty in the United States;
``(E) existing tools for surveillance, prevention,
diagnosis, and treatment of neglected diseases of
poverty in the United States;
``(F) barriers to access to information and tools
for surveillance, prevention, diagnosis, and treatment
of neglected diseases of poverty in the United States;
``(G) comorbidities associated with neglected
diseases of poverty in the United States;
``(H) awareness among health care providers and
public health professionals regarding neglected
diseases of poverty in the United States;
``(I) public awareness of neglected diseases of
poverty in the United States, particularly among high-
risk groups;
``(J) the economic burden of neglected diseases of
poverty in the United States; and
``(K) strategies and lessons learned from the
United States Agency for International Development
Neglected Tropical Diseases Program, particularly those
that are most applicable to efforts to prevent,
diagnose, and treat neglected diseases of poverty in
the United States.
``(2) Consultation.--In developing the initial report under
paragraph (1), the task force shall consult with appropriate
external parties, including States, local communities,
scientists, researchers, health care providers and public
health professionals, and national and international
nongovermental organizations.
``(d) Duties.--The task force shall--
``(1) review and evaluate the current actions and future
plans of each applicable agency represented on the task force
as described in subsection (b) to prevent, diagnose, and treat
neglected diseases of poverty in the United States;
``(2) identify current and potential areas of partnership
and coordination between Federal agencies and develop a unified
implementation plan to prevent, diagnose, and treat neglected
diseases of poverty in the United States;
``(3) make efforts to apply applicable strategies and
lessons learned from the United States Agency for International
Development Neglected Tropical Diseases Program when developing
the implementation plan under paragraph (2);
``(4) establish specific goals within and across Federal
agencies to prevent, diagnose, and treat neglected diseases of
poverty in the United States, including metrics to assess
progress towards reaching those goals;
``(5) coordinate plans to communicate research and relevant
accomplishments across Federal agencies and with States and
local communities relating to the prevention, diagnosis, and
treatment of neglected diseases of poverty;
``(6) develop consensus guidelines for health care
providers and public health professionals for the prevention,
diagnosis, and treatment of toxocariasis, cysticercosis, Chagas
disease, toxoplasmosis, trichomoniasis, Dengue Fever, and other
neglected diseases of poverty;
``(7) biannually make recommendations to Congress on
strategies for the development of affordable tools to prevent,
diagnose, and treat neglected diseases of poverty, including
drugs, diagnostics, and vaccines; and
``(8) in developing the guidelines and recommendations
under paragraphs (6) and (7), consult with external parties,
including States, local communities, scientists, researchers,
health care providers and public health professionals, national
and international nongovernmental organizations, and centers of
excellence with expertise in neglected diseases of poverty,
including the centers of excellence described in section 399OO-
5.
``(e) Definition of Neglected Diseases of Poverty.--In this part,
the term `neglected diseases of poverty'--
``(1) means chronic and disabling diseases that are caused
by parasites, bacteria, and other pathogens and that primarily
impact people living in extreme poverty; and
``(2) includes the following:
``(A) Chagas disease.
``(B) Cysticercosis.
``(C) Toxocariasis.
``(D) Toxoplasmosis.
``(E) Trichomoniasis.
``(F) Dengue Fever.
``(G) Other neglected tropical diseases, including
those defined by the World Health Organization, such as
the following:
``(i) Buruli ulcer.
``(ii) Chikungunya.
``(iii) Dracunculiasis.
``(iv) Echinococcosis.
``(v) Foodborne trematodiases.
``(vi) Human African trypanosomiasis.
``(vii) Leishmaniases.
``(viii) Leprosy.
``(ix) Lymphatic filariasis.
``(x) Mycetoma.
``(xi) Onchocerciasis.
``(xii) Rabies.
``(xiii) Schistosomiasis.
``(xiv) Soil-transmitted helminthiases.
``(xv) Taeniasis and neurocysticercosis.
``(xvi) Trachoma.
``(xvii) Yaws.
``SEC. 399OO-1. SURVEILLANCE REGARDING NEGLECTED DISEASES OF POVERTY IN
THE UNITED STATES.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award grants to
States to carry out activities relating to implementing a surveillance
system to determine the prevalence, incidence, and distribution of
neglected diseases of poverty, particularly those that most impact
individuals in the United States, including toxocariasis,
cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis, and
Dengue Fever.
``(b) Considerations.--In awarding grants under subsection (a), the
Secretary shall use the findings in the initial report of the
Interagency Task Force on Neglected Diseases of Poverty in the United
States under section 399OO(c) to identify and prioritize geographic
locations and communities that have the highest estimated prevalence
of, or have populations at greatest risk of acquiring, neglected
diseases of poverty, particularly those described in subsection (a).
``SEC. 399OO-2. SUPPORT FOR INDIVIDUALS AT RISK FOR NEGLECTED DISEASES
OF POVERTY.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall award grants or
cooperative agreements to Federally qualified health centers to
implement and analyze the guidelines developed under section
399OO(d)(6).
``(b) Initial Awards.--The Secretary shall--
``(1) using the findings in the initial report of the
Interagency Task Force on Neglected Diseases of Poverty in the
United States under section 399OO(c), identify the geographic
locations in the United States that have the highest estimated
prevalence of, or have populations at greatest risk of
acquiring, neglected diseases of poverty, particularly those
that most impact individuals in the United States, including
toxocariasis, cysticercosis, Chagas disease, toxoplasmosis,
trichomoniasis, and Dengue Fever; and
``(2) prioritize Federally qualified health centers located
in such geographic locations in awarding initial grants or
cooperative agreements under subsection (a).
``(c) Definition of Federally Qualified Health Center.--In this
section, the term `Federally qualified health center' has the meaning
given the term in section 1861(aa) of the Social Security Act.
``SEC. 399OO-3. EDUCATION OF MEDICAL AND PUBLIC HEALTH PERSONNEL AND
THE PUBLIC REGARDING NEGLECTED DISEASES OF POVERTY IN THE
UNITED STATES.
``The Secretary shall consult with the Assistant Secretary for
Health, the Director of the Centers for Disease Control and Prevention,
and the Administrator of the Health Resources and Services
Administration, professional organizations and societies, and such
other public health officials as may be necessary, including the
centers of excellence described in section 399OO-5, to--
``(1) develop and implement educational programs to
increase the awareness of health care providers and public
health professionals with respect to the risk factors, signs,
and symptoms of neglected diseases of poverty and strategies to
prevent, diagnose, and treat such diseases; and
``(2) develop and implement educational programs to
increase the awareness of the public with respect to the risk
factors, signs, and symptoms of neglected diseases of poverty
and strategies to prevent such diseases.
``SEC. 399OO-4. RESEARCH AND DEVELOPMENT OF NEW DRUGS, VACCINES, AND
DIAGNOSTICS.
``Consistent with the recommendations of the Interagency Task Force
on Neglected Diseases of Poverty in the United States established under
section 399OO, the Secretary shall, directly or through awards of
grants or cooperative agreements to public or private entities, provide
for the conduct of research, investigations, experiments,
demonstrations, and studies, including late-stage and translational
research, in the health sciences that are related to--
``(1) the development of affordable therapeutics, including
vaccines, against neglected diseases of poverty; and
``(2) the development of affordable medical point-of-care
diagnostics to detect neglected diseases of poverty.
``SEC. 399OO-5. NEGLECTED DISEASES OF POVERTY CENTERS OF EXCELLENCE.
``(a) Establishment.--The Secretary, acting jointly through the
Director of the National Institutes of Health, may enter into
cooperative agreements with, and make grants to, public or private
nonprofit entities to pay all or part of the cost of planning,
establishing, or strengthening, and providing basic operating support
for, one or more centers of excellence for research into, training in,
and development of diagnosis, prevention, control, and treatment
methods for neglected diseases of poverty in the United States,
including tools to support prevention.
``(b) Eligibility.--To be eligible to receive a cooperative
agreement or grant under subsection (a), an entity shall have a
demonstrated record of research on neglected diseases of poverty.
``(c) Coordination.--The Secretary shall ensure that activities
under this section are coordinated with similar activities of the
Federal Government relating to neglected diseases of poverty, including
the task force established under section 399OO.
``(d) Use of Funds.--A cooperative agreement or grant awarded under
subsection (a) may be used for--
``(1) staffing, administrative, and other basic operating
costs, including such patient care costs as are required for
research;
``(2) clinical training, including training for allied
health professionals, continuing education for health
professionals and allied health professions personnel, and
information programs for the public with respect to neglected
diseases of poverty;
``(3) research and development programs, including the end-
to-end research and development of new treatments, diagnostics,
and vaccines;
``(4) epidemiological surveillance and transmission studies
capabilities; and
``(5) health education programs to raise awareness and
reduce stigma of neglected diseases of poverty among high-risk
populations.
``(e) Period of Support; Additional Periods.--
``(1) In general.--A cooperative agreement or grant under
this section may be provided for a period of not more than 5
years.
``(2) Extensions.--The period specified in paragraph (1)
may be extended by the Secretary for additional periods of not
more than 5 years if--
``(A) the operations of the center of excellence
involved have been reviewed by an appropriate technical
and scientific peer review group; and
``(B) such group has recommended to the Secretary
that such period be extended.
``SEC. 399OO-6. AUTHORIZATION OF APPROPRIATIONS.
``To carry out this part, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2021 and each fiscal year
thereafter.''.
Subtitle DD--Mommies Act
SEC. 23101. SHORT TITLE.
This Act may be cited as the ``Maximizing Outcomes for Moms through
Medicaid Improvement and Enhancement of Services Act'' or the ``MOMMIES
Act''.
SEC. 23102. ENHANCING MEDICAID AND CHIP BENEFITS FOR LOW-INCOME
PREGNANT WOMEN.
(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(l)(1)(A), by striking ``60-day
period'' and inserting ``365-day period'';
(B) in section 1902(e)(6), 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 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.''.
(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 (ff))'' after
``subsection (bb))''; and
(B) by adding at the end the following new
subsection:
``(ff) 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)(5)(A) of the Social Security Act
(42 U.S.C. 1397cc(c)(5)(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
(qq);''; and
(B) by adding at the end the following new
subsection:
``(qq) Maintenance of Effort Related to Low-income Pregnant
Women.--For calendar quarters beginning on or after the date of
enactment of this subsection, and before January 1, 2023, no Federal
payment shall be made to a State under section 1903(a) for amounts
expended under a State plan under this title or a waiver of such plan
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
the Maximizing Outcomes for Moms through Medicaid Improvement
and Enhancement of Services Act; 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 the Maximizing Outcomes
for Moms through Medicaid Improvement and Enhancement of
Services Act.''.
(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, no payment may be
made under section 2105(a) with respect to a State child health plan 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 the Maximizing Outcomes for
Moms through Medicaid Improvement and Enhancement of Services
Act; 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
the Maximizing Outcomes for Moms through Medicaid Improvement
and Enhancement of Services Act.''.
(e) Enhanced Fmap.--Section 1905 of the Social Security Act (42
U.S.C. 1396d), as amended by subsection (c), is further amended--
(1) in subsection (b), by striking ``and (aa)'' and
inserting ``(aa), and (gg)''; and
(2) by adding at the end the following:
``(gg) Increased Fmap for Additional Expenditures for Low-income
Pregnant Women.--For calendar quarters beginning on or after January 1,
2021, notwithstanding subsection (b), the Federal medical assistance
percentage for a State, with respect to the additional amounts expended
by such State for medical assistance under the State plan under this
title or a waiver of such plan that are attributable to requirements
imposed by the amendments made by the Maximizing Outcomes for Moms
through Medicaid Improvement and Enhancement of Services Act (as
determined by the Secretary), shall be equal to 100 percent.''.
(f) Gao Study and Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the gaps in
coverage for--
(A) pregnant women under the Medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) and the Children's Health Insurance Program under
title XXI of the Social Security Act (42 U.S.C. 1397aa
et seq.); and
(B) postpartum women under the Medicaid program and
the Children's Health Insurance Program who received
assistance under either such program during their
pregnancy.
(2) Content of report.--The report required under this
subsection shall include the following:
(A) Information about the abilities and successes
of State Medicaid agencies in determining whether
pregnant and postpartum women are eligible under
another insurance affordability program, and in
transitioning any such women who are so eligible to
coverage under such a program, pursuant to section
435.1200 of the title 42, Code of Federal Regulations
(as in effect on September 1, 2018).
(B) Information on factors contributing to gaps in
coverage that disproportionately impact underserved
populations, including low-income women, women of
color, women who reside in a health professional
shortage area (as defined in section 332(a)(1)(A) of
the Public Health Service Act (42 U.S.C.
254e(a)(1)(A))) or who are members of a medically
underserved population (as defined by section 330(b)(3)
of such Act (42 U.S.C. 254b(b)(3)(A))).
(C) Recommendations for addressing and reducing
such gaps in coverage.
(D) Such other information as the Comptroller
General deems necessary.
(g) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect January 1, 2021.
SEC. 23103. MATERNITY CARE HOME DEMONSTRATION PROJECT.
Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is
amended by inserting the following new section after section 1946:
``maternity care home demonstration project
``Sec. 1947.
``(a) In General.--not later than 1 year after the date of the
enactment of this section, the secretary shall establish a
demonstration project (in this section referred to as the
`demonstration project') under which the secretary shall provide grants
to states to enter into arrangements with eligible entities to
implement or expand a maternity care home model for eligible
individuals
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity or organization that provides medically accurate,
comprehensive maternity services to individuals who are
eligible for medical assistance under a State plan under this
title or a waiver of such a plan, and may include:
``(A) A freestanding birth center.
``(B) An entity or organization receiving
assistance under section 330 of the Public Health
Service Act.
``(C) A federally qualified health center.
``(D) A rural health clinic.
``(E) A health facility operated by an Indian tribe
or tribal organization (as those terms are defined in
section 4 of the Indian Health Care Improvement Act).
``(2) Eligible individual.--The term `eligible individual'
means a pregnant woman or a formerly pregnant woman during the
365-day period beginning on the last day of her pregnancy who
is--
``(A) enrolled in a State plan under this title, a
waiver of such a plan, or a State child health plan
under title XXI; and
``(B) a patient of an eligible entity which has
entered into an arrangement with a State under
subsection (g).
``(c) Goals of Demonstration Project.--The goals of the
demonstration project are the following:
``(1) To improve--
``(A) maternity and infant care outcomes;
``(B) health equity;
``(C) communication by maternity, infant care, and
social services providers;
``(D) integration of perinatal support services,
including community health workers, doulas, social
workers, public health nurses, peer lactation
counselors, childbirth educators, and others, into
health care entities and organizations;
``(E) care coordination between maternity, infant
care, oral health care, and social services providers
within the community;
``(F) the quality and safety of maternity and
infant care;
``(G) the experience of women receiving maternity
care, including by increasing the ability of a woman to
develop and follow her own birthing plan; and
``(H) access to adequate prenatal and postpartum
care, including--
``(i) prenatal care that is initiated in a
timely manner;
``(ii) not fewer than 2 post-pregnancy
visits to a maternity care provider; and
``(iii) interpregnancy care.
``(2) To provide coordinated, evidence-based maternity care
management.
``(3) To decrease--
``(A) severe maternal morbidity and maternal
mortality;
``(B) overall health care spending;
``(C) unnecessary emergency department visits;
``(D) disparities in maternal and infant care
outcomes, including racial, economic, and geographical
disparities;
``(E) racial bias among health care professionals;
``(F) the rate of cesarean deliveries for low-risk
pregnancies;
``(G) the rate of preterm births and infants born
with low birth weight; and
``(H) the rate of avoidable maternal and newborn
hospitalizations and admissions to intensive care
units.
``(d) Consultation.--In designing and implementing the
demonstration project the Secretary shall consult with stakeholders,
including--
``(1) States;
``(2) organizations representing relevant health care
professionals, including oral health care professionals;
``(3) organizations representing consumers, including
consumers that are disproportionately impacted by poor maternal
health outcomes;
``(4) representatives with experience implementing other
maternity care home models, including representatives from the
Center for Medicare and Medicaid Innovation;
``(5) community-based health care professionals, including
doulas, and other stakeholders; and
``(6) experts in promoting health equity and combating
racial bias in health care settings.
``(e) Application and Selection of States.--
``(1) In general.--A State seeking to participate in the
demonstration project shall submit an application to the
Secretary at such time and in such manner as the Secretary
shall require.
``(2) Selection of states.--
``(A) In general.--The Secretary may select 15
States to participate in the demonstration project.
``(B) Selection requirements.--In selecting States
to participate in the demonstration project, the
Secretary shall--
``(i) ensure that there is geographic
diversity in the areas in which activities will
be carried out under the project; and
``(ii) ensure that States with significant
disparities in maternal and infant health
outcomes, including severe maternal morbidity,
and other disparities based on race, income, or
access to maternity care, are included.
``(f) Grants.--
``(1) In general.--From amounts appropriated under
subsection (l), the Secretary shall award 1 grant for each year
of the demonstration project to each State that is selected to
participate in the demonstration project.
``(2) Use of grant funds.--A State may use funds received
under this section to--
``(A) award grants or make payments to eligible
entities as part of an arrangement described in
subsection (g)(2);
``(B) provide financial incentives to health care
professionals, including community health workers and
community-based doulas, who participate in the State's
maternity care home model;
``(C) provide adequate training for health care
professionals, including community health workers,
doulas, and care coordinators, who participate in the
State's maternity care home model, which may include
training for cultural competency, racial bias, health
equity, reproductive and birth justice, home visiting
skills, and respectful communication and listening
skills, particularly in regards to maternal health;
``(D) pay for personnel and administrative expenses
associated with designing, implementing, and operating
the State's maternity care home model;
``(E) pay for items and services that are furnished
under the State's maternity care home model and for
which payment is otherwise unavailable under this
title; and
``(F) pay for other costs related to the State's
maternity care home model, as determined by the
Secretary.
``(3) Grant for national independent evaluator.--
``(A) In general.--From the amounts appropriated
under subsection (l), prior to awarding any grants
under paragraph (1), the Secretary shall enter into a
contract with a national external entity to create a
single, uniform process to--
``(i) ensure that States that receive
grants under paragraph (1) comply with the
requirements of this section; and
``(ii) evaluate the outcomes of the
demonstration project in each participating
State.
``(B) Annual report.--The contract described in
subparagraph (A) shall require the national external
entity to submit to the Secretary--
``(i) a yearly evaluation report for each
year of the demonstration project; and
``(ii) a final impact report after the
demonstration project has concluded.
``(C) Secretary's authority.--Nothing in this
paragraph shall prevent the Secretary from making a
determination that a State is not in compliance with
the requirements of this section without the national
external entity making such a determination.
``(g) Partnership With Eligible Entities.--
``(1) In general.--As a condition of receiving a grant
under this section, a State shall enter into an arrangement
with one or more eligible entities that meets the requirements
of paragraph (2).
``(2) Arrangements with eligible entities.--Under an
arrangement between a State and an eligible entity under this
subsection, the eligible entity shall perform the following
functions, with respect to eligible individuals enrolled with
the entity under the State's maternity care home model--
``(A) provide culturally competent care, which may
include prenatal care, family planning services,
medical care, mental and behavioral care, postpartum
care, and oral health care to such eligible individuals
through a team of health care professionals, which may
include obstetrician-gynecologists, maternal-fetal
medicine specialists, family physicians, primary care
providers, oral health providers, physician assistants,
advanced practice registered nurses such as nurse
practitioners and certified nurse midwives, certified
midwives, certified professional midwives, social
workers, traditional and community-based doulas,
lactation consultants, childbirth educators, community
health workers, and other health care professionals;
``(B) conduct a risk assessment of each such
eligible individual to determine if her pregnancy is
high or low risk, and establish a tailored pregnancy
care plan, which takes into consideration the
individual's own preferences and pregnancy care and
birthing plans and determines the appropriate support
services to reduce the individual's medical, social,
and environmental risk factors, for each such eligible
individual based on the results of such risk
assessment;
``(C) assign each such eligible individual to a
care coordinator, which may be a nurse, social worker,
traditional or community-based doula, community health
worker, midwife, or other health care provider, who is
responsible for ensuring that such eligible individual
receives the necessary medical care and connections to
essential support services;
``(D) provide, or arrange for the provision of,
essential support services, such as services that
address--
``(i) nutrition and exercise;
``(ii) smoking cessation;
``(iii) substance use disorder and
addiction treatment;
``(iv) anxiety, depression, and other
mental and behavioral health issues;
``(v) breast feeding initiation,
continuation, and duration;
``(vi) housing;
``(vii) transportation;
``(viii) intimate partner violence;
``(ix) home visiting services;
``(x) childbirth education;
``(xi) oral health education;
``(xii) continuous labor support; and
``(xiii) group prenatal care;
``(E) as appropriate, facilitate connections to a
usual primary care provider, which may be a women's
health provider;
``(F) refer to guidelines and opinions of medical
associations when determining whether an elective
delivery should be performed on an eligible individual
before 39 weeks of gestation;
``(G) provide such eligible individuals with
evidence-based education and resources to identify
potential warning signs of pregnancy and postpartum
complications and when and how to obtain medical
attention;
``(H) provide, or arrange for the provision of,
pregnancy and postpartum health services, including
family planning counseling and services, to eligible
individuals;
``(I) track and report birth outcomes of such
eligible individuals and their children;
``(J) ensure that care is patient-led, including by
engaging eligible individuals in their own care,
including through communication and education; and
``(K) ensure adequate training for appropriately
serving the population of individuals eligible for
medical assistance under the State plan or waiver of
such plan, including through reproductive and birth
justice frameworks, race equity awareness, home
visiting skills, and knowledge of social services.
``(h) Term of Demonstration Project.--The Secretary shall conduct
the demonstration project for a period of 5 years.
``(i) Waiver Authority.--To the extent that the Secretary
determines necessary in order to carry out the demonstration project,
the Secretary may waive section 1902(a)(1) (relating to statewideness)
and section 1902(a)(10)(B) (relating to comparability).
``(j) Technical Assistance.--The Secretary shall establish a
process to provide technical assistance to States that are awarded
grants under this section and to eligible entities and other providers
participating in a State maternity care home model funded by such a
grant.
``(k) Report.--
``(1) In general.--Not later than 18 months after the date
of the enactment of this section and annually thereafter for
each year of the demonstration project term, the Secretary
shall submit a report to Congress on the results of the
demonstration project.
``(2) Final report.--As part of the final report required
under paragraph (1), the Secretary shall include--
``(A) the results of the final report of the
national external entity required under subsection
(f)(3)(B)(ii); and
``(B) recommendations on whether the model studied
in the demonstration project should be continued or
more widely adopted, including by private health plans.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary, for each of fiscal years 2022 through
2029, such sums as may be necessary to carry out this section.''.
SEC. 23104. REAPPLICATION OF MEDICARE PAYMENT RATE FLOOR TO PRIMARY
CARE SERVICES FURNISHED UNDER MEDICAID AND INCLUSION OF
ADDITIONAL PROVIDERS.
(a) Reapplication of Payment Floor; Additional Providers.--
(1) In general.--Section 1902(a)(13) of the Social Security
Act (42 U.S.C. 1396a(a)(13)) is amended--
(A) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (C), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(D) payment for primary care services (as defined
in subsection (jj)(1)) furnished in the period that
begins on the first day of the first month that begins
after the date of enactment of the Maximizing Outcomes
for Moms through Medicaid Improvement and Enhancement
of Services Act by a provider described in subsection
(jj)(2)--
``(i) at a rate that is not less than 100
percent of the payment rate that applies to
such services and the provider of such services
under part B of title XVIII (or, if greater,
the payment rate that would be applicable under
such part if the conversion factor under
section 1848(d) for the year were the
conversion factor under such section for 2009);
``(ii) in the case of items and services
that are not items and services provided under
such part, at a rate to be established by the
Secretary; and
``(iii) in the case of items and services
that are furnished in rural areas (as defined
in section 1886(d)(2)(D)), health professional
shortage areas (as defined in section
332(a)(1)(A) of the Public Health Service Act
(42 U.S.C. 254e(a)(1)(A))), or medically
underserved areas (according to a designation
under section 330(b)(3)(A) of the Public Health
Service Act (42 U.S.C. 254b(b)(3)(A))), at the
rate otherwise applicable to such items or
services under clause (i) or (ii) increased, at
the Secretary's discretion, by not more than 25
percent;''.
(2) Conforming amendments.--
(A) Section 1902(a)(13)(C) of the Social Security
Act (42 U.S.C. 1396a(a)(13)(C)) is amended by striking
``subsection (jj)'' and inserting ``subsection
(jj)(1)''.
(B) Section 1905(dd) of the Social Security Act (42
U.S.C. 1396d(dd)) is amended--
(i) by striking ``Notwithstanding'' and
inserting the following:
``(1) In general.--Notwithstanding'';
(ii) by striking ``section 1902(a)(13)(C)''
and inserting ``subparagraph (C) of section
1902(a)(13)'';
(iii) by inserting ``or for services
described in subparagraph (D) of section
1902(a)(13) furnished during an additional
period specified in paragraph (2),'' after
``2015,'';
(iv) by striking ``under such section'' and
inserting ``under subparagraph (C) or (D) of
section 1902(a)(13), as applicable''; and
(v) by adding at the end the following:
``(2) Additional periods.--For purposes of paragraph (1),
the following are additional periods:
``(A) The period that begins on the first day of
the first month that begins after the date of enactment
of the Maximizing Outcomes for Moms through Medicaid
Improvement and Enhancement of Services Act.''.
(b) Improved Targeting of Primary Care.--Section 1902(jj) of the
Social Security Act (42 U.S.C. 1396a(jj)) is amended--
(1) by redesignating paragraphs (1) and (2) as clauses (i)
and (ii), respectively and realigning the left margins
accordingly;
(2) by striking ``For purposes of subsection (a)(13)(C)''
and inserting the following:
``(1) In general.--
``(A) Definition.--For purposes of subparagraphs
(C) and (D) of subsection (a)(13)''; and
(3) by inserting after clause (ii) (as so redesignated) the
following:
``(B) Exclusions.--Such term does not include any
services described in subparagraph (A) or (B) of
paragraph (1) if such services are provided in an
emergency department of a hospital.
``(2) Additional providers.--For purposes of subparagraph
(D) of subsection (a)(13), a provider described in this
paragraph is any of the following:
``(A) A physician with a primary specialty
designation of family medicine, general internal
medicine, or pediatric medicine, or obstetrics and
gynecology.
``(B) An advanced practice clinician, as defined by
the Secretary, that works under the supervision of--
``(i) a physician that satisfies the
criteria specified in subparagraph (A);
``(ii) a nurse practitioner or a physician
assistant (as such terms are defined in section
1861(aa)(5)(A)) who is working in accordance
with State law; or
``(iii) or a certified nurse-midwife (as
defined in section 1861(gg)) who is working in
accordance with State law.
``(C) A rural health clinic, federally qualified
health center, or other health clinic that receives
reimbursement on a fee schedule applicable to a
physician.
``(D) An advanced practice clinician supervised by
a physician described in subparagraph (A), another
advanced practice clinician, or a certified nurse-
midwife.''.
(c) Ensuring Payment by Managed Care Entities.--
(1) In general.--Section 1903(m)(2)(A) of the Social
Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended--
(A) in clause (xii), by striking ``and'' after the
semicolon;
(B) by realigning the left margin of clause (xiii)
so as to align with the left margin of clause (xii) and
by striking the period at the end of clause (xiii) and
inserting ``; and''; and
(C) by inserting after clause (xiii) the following:
``(xiv) such contract provides that (I)
payments to providers specified in section
1902(a)(13)(D) for primary care services
defined in section 1902(jj) that are furnished
during a year or period specified in section
1902(a)(13)(D) and section 1905(dd) are at
least equal to the amounts set forth and
required by the Secretary by regulation, (II)
the entity shall, upon request, provide
documentation to the State, sufficient to
enable the State and the Secretary to ensure
compliance with subclause (I), and (III) the
Secretary shall approve payments described in
subclause (I) that are furnished through an
agreed upon capitation, partial capitation, or
other value-based payment arrangement if the
capitation, partial capitation, or other value-
based payment arrangement is based on a
reasonable methodology and the entity provides
documentation to the State sufficient to enable
the State and the Secretary to ensure
compliance with subclause (I).''.
(2) Conforming amendment.--Section 1932(f) of the Social
Security Act (42 U.S.C. 1396u-2(f)) is amended--
(A) by striking ``section 1902(a)(13)(C)'' and
inserting ``subsections (C) and (D) of section
1902(a)(13)''; and
(B) by inserting ``and clause (xiv) of section
1903(m)(2)(A)'' before the period.
SEC. 23105. MACPAC REPORT AND CMS GUIDANCE ON INCREASING ACCESS TO
DOULA CARE FOR MEDICAID BENEFICIARIES.
(a) Macpac Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Medicaid and CHIP Payment and
Access Commission (referred to in this section as ``MACPAC'')
shall publish a report on the coverage of doula care under
State Medicaid programs, which shall at a minimum include the
following:
(A) Information about coverage for doula care under
State Medicaid programs that currently provide coverage
for such care, including the type of doula care offered
(such as prenatal, labor and delivery, postpartum
support, and also community-based and traditional doula
care).
(B) An analysis of barriers to covering doula care
under State Medicaid programs.
(C) An identification of effective strategies to
increase the use of doula care in order to provide
better care and achieve better maternal and infant
health outcomes, including strategies that States may
use to recruit, train, and certify a diverse doula
workforce, particularly from underserved communities,
communities of color, and communities facing linguistic
or cultural barriers.
(D) Recommendations for legislative and
administrative actions to increase access to doula care
in State Medicaid programs, including actions that
ensure doulas may earn a living wage that accounts for
their time and costs associated with providing care.
(2) Stakeholder consultation.--In developing the report
required under paragraph (1), MACPAC shall consult with
relevant stakeholders, including--
(A) States;
(B) organizations representing consumers, including
those that are disproportionately impacted by poor
maternal health outcomes;
(C) organizations and individuals representing
doula care providers, including community-based doula
programs and those who serve underserved communities,
including communities of color, and communities facing
linguistic or cultural barriers; and
(D) organizations representing health care
providers.
(b) Cms Guidance.--
(1) In general.--Not later than 1 year after the date that
MACPAC publishes the report required under subsection (a)(1),
the Administrator of the Centers for Medicare & Medicaid
Services shall issue guidance to States on increasing access to
doula care under Medicaid. Such guidance shall at a minimum
include--
(A) options for States to provide medical
assistance for doula care services under State Medicaid
programs;
(B) best practices for ensuring that doulas,
including community-based doulas, receive reimbursement
for doula care services provided under a State Medicaid
program, at a level that allows doulas to earn a living
wage that accounts for their time and costs associated
with providing care; and
(C) best practices for increasing access to doula
care services, including services provided by
community-based doulas, under State Medicaid programs.
(2) Stakeholder consultation.--In developing the guidance
required under paragraph (1), the Administrator of the Centers
for Medicare & Medicaid Services shall consult with MACPAC and
other relevant stakeholders, including--
(A) State Medicaid officials;
(B) organizations representing consumers, including
those that are disproportionately impacted by poor
maternal health outcomes;
(C) organizations representing doula care
providers, including community-based doulas and those
who serve underserved communities, such as communities
of color and communities facing linguistic or cultural
barriers; and
(D) organizations representing health care
professionals.
SEC. 23106. GAO REPORT ON STATE MEDICAID PROGRAMS' USE OF TELEMEDICINE
TO INCREASE ACCESS TO MATERNITY CARE.
Not later than 1 year after the date of the enactment of this Act,
the Comptroller General of the United States shall submit a report to
Congress on State Medicaid programs' use of telemedicine to increase
access to maternity care. Such report shall include the following:
(1) The number of State Medicaid programs that utilize
telemedicine to increase access to maternity care.
(2) With respect to State Medicaid programs that utilize
telemedicine to increase access to maternity care, information
about--
(A) common characteristics of such programs'
approaches to utilizing telemedicine to increase access
to maternity care; and
(B) what is known about--
(i) the demographic characteristics of the
individuals enrolled in such programs who use
telemedicine to access maternity care;
(ii) health outcomes for such individuals
as compared to individuals with similar
characteristics who did not use telemedicine to
access maternity care;
(iii) the services provided to individuals
through telemedicine, including family planning
services and oral health services;
(iv) the quality of maternity care provided
through telemedicine, including whether
maternity care provided through telemedicine is
culturally competent;
(v) the level of patient satisfaction with
maternity care provided through telemedicine to
individuals enrolled in State Medicaid
programs; and
(vi) the impact of utilizing telemedicine
to increase access to maternity care on
spending, cost savings, access to care, and
utilization of care under State Medicaid
programs.
(3) An identification and analysis of the barriers to using
telemedicine to increase access to maternity care under State
Medicaid programs.
(4) Recommendations for such legislative and administrative
actions related to increasing access to telemedicine maternity
services under Medicaid as the Comptroller General deems
appropriate.
Subtitle EE--Humane Correctional Healthcare Act
SEC. 23201. SHORT TITLE.
This Act may be cited as the ``Humane Correctional Health Care
Act''.
SEC. 23202. REPEAL OF MEDICAID INMATE EXCLUSION.
(a) In General.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended, in the matter following paragraph (30), by
striking ``such term does not include--'' and all that follows through
``patient in an institution for mental diseases'' and inserting ``such
term does not include any such payments with respect to care or
services for any individual who is under 65 years of age and is a
patient in an institution for mental diseases''.
(b) Conforming Amendments.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(1) in subsection (a)--
(A) by striking paragraph (84);
(B) by redesignating paragraphs (85) and (86) as
paragraphs (84) and (85), respectively;
(C) in paragraph (84), as redesignated by
subparagraph (B), by striking ``(oo)(1)'' and inserting
``(nn)(1)''; and
(D) in paragraph (85), as redesignated by
subparagraph (B), by striking ``(pp)'' and inserting
``(oo)'';
(2) by striking subsection (nn);
(3) by redesignating subsections (oo) and (pp) as
subsections (nn) and (oo), respectively;
(4) in subsection (nn), as redesignated by paragraph (3),
by striking ``(85)'' and inserting ``(84)''; and
(5) in subsection (oo), as redesignated by paragraph (3),
by striking ``(86)'' and inserting ``(85)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to medical assistance provided on or after January
1, 2021.
SEC. 23203. REPORT BY COMPTROLLER GENERAL.
Not later than the date that is three years after the date of the
enactment of this Act, and annually thereafter for each of the
following five years, the Comptroller General of the United States
shall submit to Congress a report containing the following information:
(1) The percentage of inmates that receive medical
assistance under a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) The access of inmates to health care services,
including specialty care, and health care providers.
(3) The quality of health care services provided to
inmates.
(4) Any impact of coverage under such a State plan on
recidivism.
(5) The percentage of inmates who, upon release, are--
(A) enrolled under such a State plan; and
(B) connected to a primary care provider in their
community.
(6) Trends in the prevalence and incidence of illness and
injury among inmates.
(7) Any other information the Comptroller General
determines necessary regarding the health of inmates.
SEC. 23204. SENSE OF CONGRESS ON INCARCERATION AND COMMUNITY-BASED
HEALTH SERVICES.
It is the sense of Congress that--
(1) no individual in the United States should be
incarcerated for the purpose of being provided with health care
that is unavailable to the individual in the individual's
community;
(2) each State and unit of local government should
establish programs that offer community-based health services
(including mental health and substance use disorder services)
commensurate with the principle stated in paragraph (1); and
(3) Federal reimbursement for expenditures on medical
assistance made available through the amendments made by this
Act should not supplant an investment in community-based
services.
Subtitle FF--Strengthen Dental Coverage
SEC. 23301. SHORT TITLE.
This Act may be cited as the ``Foster Youth Dental Act of 2020''.
SEC. 23302. STRENGTHENING COVERAGE UNDER THE MEDICAID PROGRAM FOR
CERTAIN FOSTER YOUTH INDIVIDUALS.
(a) Expansion of Epsdt Services to Certain Individuals Aged 21-
25.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d(a)) is amended--
(A) in paragraph (4)(B), by inserting ``(or, in the
case of a specified individual (as defined in the
matter at the end of this subsection), under the age of
26)'' after ``21''; and
(B) by adding at the end the following new
sentence: ``For purposes of paragraph (4)(B), the term
`specified individual' means an individual who is in
foster care under the responsibility of a State (or was
in foster care under the responsibility of the State on
the date of attaining 18 years of age or such higher
age as the State has elected under section
475(8)(B)(iii) and was enrolled in a State plan under
this title or under a waiver of a plan while in such
foster care).''.
(2) Provision of information with respect to dental
services.--Section 1902(a)(43)(A) of the Social Security Act
(42 U.S.C. 1396a(a)(43)(A)) is amended--
(A) by inserting ``(or, in the case of a specified
individual (as defined in the matter at the end of
section 1905(a)), under the age of 26)'' after ``21'';
(B) by inserting ``(including dental services)''
after ``treatment services'';
(C) by striking ``and the need'' and inserting ``,
the need''; and
(D) by striking the comma at the end and inserting
``, and the importance of maintaining good oral
health,''.
(3) Effective date.--
(A) Extension of coverage.--The amendments made by
paragraph (1) shall apply with respect to medical
assistance furnished during calendar quarters beginning
on or after the date that is 80 days after the date of
the enactment of this Act.
(B) Provision of information.--The amendment made
by paragraph (2) shall apply to information provided
under section 1902(a)(43)(A) of the Social Security Act
(42 U.S.C. 1396a(a)(43)(A)) beginning with the first
calendar quarter beginning on or after the date that is
80 days after the date of the enactment of this Act.
(b) Incentive for the Provision of Dental Services to Certain
Individuals.--
(1) In general.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (13)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by adding ``and''
at the end; and
(iii) by adding at the end the following
new subparagraph:
``(D) for payment for dental services furnished on
or after the first day of the first calendar quarter
beginning on or after the date that is 80 days after
the date of the enactment of this subparagraph by a
dentist to a specified individual (as defined in the
matter at the end of section 1905(a)) under the age of
26 at a rate not less than the specified average rate
(as defined in subsection (tt)) for such services.'';
and
(B) by adding at the end the following new
subsection:
``(tt) Specified Average Rate Defined.--
``(1) In general.--For purposes of subsection (a)(13)(D),
the term `specified average rate' means, with respect to a
dental service furnished in a State, the average of the
contracted rates (as defined in paragraph (2)) in effect during
the 5-year period ending on the date such service is so
furnished--
``(A) for such service furnished in such State (as
determined by the State); or
``(B) for such service furnished in the United
States (as determined by the Secretary);
as selected by such State.
``(2) Contracted rate defined.--
``(A) In general.--For purposes of paragraph (1),
the term `contracted rate' means, with respect to a
dental service, a rate in effect between a health
insurance issuer offering group or individual health
insurance coverage or a group health plan (as such
terms are defined in section 2791 of the Public Health
Service Act) and a dentist with a contractual
relationship in effect with such issuer or plan (as
applicable) for furnishing such service under such
coverage or plan (as applicable) that represents the
total amount payable (including cost sharing) under
such coverage or plan (as applicable) for such service
so furnished.
``(B) Exclusion of self-insured group health plan
rates.--For purposes of subparagraph (A), the term
`contracted rate' shall not include a rate described in
such subparagraph that is in effect between a self-
insured group health plan and a dentist.''.
(2) Medicaid managed care plans.--Section 1932(f) of the
Social Security Act (42 U.S.C. 1396u-2(f)) is amended--
(A) in the header, by striking ``Primary Care
Services'' and inserting ``Certain Services'';
(B) by inserting ``or dental services'' after
``primary care services'';
(C) by striking ``section 1902(a)(13)(C)'' and
inserting ``subparagraph (C) or (D), respectively, of
section 1902(a)(13)''; and
(D) by striking ``such section'' and inserting
``such subparagraph (C) or (D), as applicable''.
(3) Increased fmap for increased expenses.--Section 1905 of
the Social Security Act (42 U.S.C. 1396d) is amended by adding
at the end the following new subsection:
``(gg) Increased Fmap for Additional Expenditures for Dental
Services.--Notwithstanding subsection (b), with respect to the portion
of the amounts expended for medical assistance for services described
in section 1902(a)(13)(D) furnished on or after the first day of the
first calendar quarter beginning on or after the date that is 80 days
after the date of the enactment of this subsection furnished to an
individual described in such section by a dentist that is attributable
to the amount by which the minimum payment rate required under such
section (or, by application, section 1932(f)) exceeds the payment rate
applicable to such services under the State plan as of July 1, 2020,
the Federal medical assistance percentage for a State that is one of
the 50 States or the District of Columbia shall be equal to 100
percent. The preceding sentence does not prohibit the payment of
Federal financial participation based on the Federal medical assistance
percentage for amounts in excess of those specified in such
sentence.''.
(c) Outreach Efforts for Enrollment of Former Foster Children.--
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
(1) in paragraph (85), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (86), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (86) the following new
paragraph:
``(87) not later than 6 months after the date of the
enactment of this paragraph--
``(A) establish an outreach and enrollment program,
in coordination with the State agency responsible for
administering the State plan under part E of title IV
and any other appropriate or interested agencies,
designed to increase the enrollment of individuals who
are eligible for medical assistance under the State
plan under paragraph (10)(A)(i)(IX) in accordance with
best practices established by the Secretary; and
``(B) establish an outreach program to dentists
practicing in such State to encourage enrollment by
such dentists in such plan as participating providers
under such plan.''.
(d) Providing for Immediate Eligibility for Former Foster Youth.--
Section 1002(a)(2) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``January 1, 2023'' and
inserting ``the date of enactment of the Foster Youth Dental Act of
2020''.
Subtitle GG--Expanded Coverage for Former Foster Youth Act
SEC. 23401. SHORT TITLE.
This Act may be cited as the ``Expanded Coverage for Former Foster
Youth Act''.
SEC. 23402. COVERAGE CONTINUITY FOR FORMER FOSTER CARE CHILDREN UP TO
AGE 26.
(a) In General.--Section 1002(a)(1)(B) of the SUPPORT for Patients
and Communities Act (Public Law 115-271) is amended by striking all
that follows after ``item (cc),'' and inserting the following: ``by
striking `responsibility of the State' and all that follows through
`475(8)(B)(iii); and' and inserting `responsibility of a State on the
date of attaining 18 years of age (or such higher age as such State has
elected under section 475(8)(B)(iii)), or who were in such care at any
age but subsequently left such care to enter into a legal guardianship
with a kinship caregiver (without regard to whether kinship
guardianship payments are being made on behalf of the child under this
part) or were emancipated from such care prior to attaining age 18;'''.
(b) Amendments to Social Security Act.--
(1) In general.--Section 1902(a)(10)(A)(i)(IX) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(IX)), as
amended by section 1002(a) of the SUPPORT for Patients and
Communities Act (Public Law 115-271), is amended--
(A) in item (bb), by striking the semicolon at the
end and inserting ``; and''; and
(B) by striking item (dd).
(2) Effective date.--The amendments made by this subsection
shall take effect on January 1, 2023.
SEC. 23403. OUTREACH EFFORTS FOR ENROLLMENT OF FORMER FOSTER CHILDREN.
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
(1) in paragraph (85), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (86), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (86) the following new
paragraph:
``(87) not later than January 1, 2021, establish an
outreach and enrollment program, in coordination with the State
agency responsible for administering the State plan under part
E of title IV and any other appropriate or interested agencies,
designed to increase the enrollment of individuals who are
eligible for medical assistance under the State plan under
paragraph (10)(A)(i)(IX) in accordance with best practices
established by the Secretary.''.
Subtitle HH--Pandemic Protection Act
SEC. 23501. SHORT TITLE.
This subtitle may be cited as the ``Pandemic Protection for
Transition-age Foster Youth Act'' or the ``Pandemic Protection Act''.
SEC. 23502. TEMPORARY PRESERVATION OF ELIGIBILITY FOR FOSTER CARE
BENEFITS, AND SUSPENSION OF CERTAIN EDUCATION AND WORK
REQUIREMENTS, FOR YOUTH WHO WOULD OTHERWISE AGE OUT OF
ELIGIBILITY FOR THE BENEFITS DURING A HEALTH EMERGENCY OR
DISASTER DECLARED WITH RESPECT TO THE CORONAVIRUS
PANDEMIC.
(a) In General.--During the applicable period--
(1) a State, Indian tribe, tribal organization, or tribal
consortium operating a program under a plan approved under part
E of title IV of the Social Security Act shall not deny a
foster care benefit to an eligible youth; and
(2) section 475(8)(B)(iv) of such Act shall have no force
or effect.
(b) Federal Payments.--For purposes of part E of title IV of the
Social Security Act, foster care maintenance payments made by such a
State, Indian tribe, tribal organization, or tribal consortium for the
benefit of an eligible child in compliance with subsection (a) of this
section shall be considered to be made under section 472 of such Act.
(c) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period that begins on the date the Secretary of
Health and Human Services declared, pursuant to section 319 of
the Public Health Service Act, the public health emergency
entitled ``Determination that a Public Health Emergency Exists
Nationwide as the Result of the 2019 Novel Coronavirus'', and
ends 3 months after the later of--
(A) the date the public health emergency so
declared terminates; or
(B) the end of the period covered by--
(i) the emergency declaration issued by the
President on March 13, 2020, pursuant to
section 501(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191(b)); and
(ii) any subsequent major disaster
declaration under section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) that supersedes
the emergency declaration referred to in clause
(i) of this subparagraph.
(2) Eligible youth.--The term ``eligible youth'' means,
with respect to a foster care benefit, a child who, as of
January 1, 2021, was in foster care under the responsibility of
a State or an Indian tribe or was a youth receiving any benefit
under section 477 of the Social Security Act, and who, in the
absence of this section, would become ineligible for the
benefit during the applicable period by reason of age.
(3) Foster care benefit.--The term ``foster care benefit''
means--
(A) foster care under the responsibility of a State
or an Indian tribe;
(B) foster care maintenance payments under section
472 of the Social Security Act; and
(C) any benefit under section 477 of such Act.
Subtitle II--Dosha Joi Immediate Coverage for Foster Youth Act
Immediate Coverage for Foster Youth Act
SEC. 23601. SHORT TITLE.
This subtitle may be cited as the ``Dosha Joi Immediate Coverage
for Foster Youth Act''.
SEC. 23602. PROVIDING FOR IMMEDIATE MEDICAID ELIGIBILITY FOR FORMER
FOSTER YOUTH.
Section 1002(a)(2) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``January 1, 2023'' and
inserting ``the date of enactment of the Dosha Joi Immediate Coverage
for Foster Youth Act''.
Subtitle JJ--Health Providers Training Act
SEC. 23701. SHORT TITLE.
This subtitle may be cited as the ``Health Providers Training
Act''.
SEC. 23702. ELIGIBILITY OF HOSPITALS FOR HEALTH PROFESSIONS OPPORTUNITY
GRANTS.
Section 2008(a)(4)(A) of the Social Security Act (42 U.S.C.
1397g(a)(4)(A)) is amended by striking ``or a community-based
organization'' and inserting ``, a community-based organization, or a
hospital (as defined in section 1861(e))''.
SEC. 23703. EFFECTIVE DATE.
The amendment made by this Act shall take effect on October 1,
2021.
TITLE III--COVID-19
Subtitle A--Minority Business Resiliency
SEC. 30101. SHORT TITLE.
This subtitle may be cited as the ``Minority Business Resiliency
Act of 2020''.
SEC. 30102. 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.
(3) Covered entity.--The term ``covered entity'' means a
private nonprofit organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code;
(B) can demonstrate to the Agency that--
(i) the primary mission of the organization
is to provide services to minority business
enterprises, whether through education, making
grants, or other similar activities; and
(ii) the organization is unable to pay
financial obligations incurred by the
organization, including payroll obligations;
and
(C) due to the effects of COVID-19, is unable to
engage in the same level of fundraising in the year in
which this Act is enacted, as compared with the year
preceding the year in which this Act is enacted,
including through events or the collection of fees.
(4) Minority business development center.--The term
``minority business development center'' means a Business
Center of the Agency, including its Specialty Center Program.
(5) 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.
(6) 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 Agency 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 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.
SEC. 30103. MINORITY BUSINESS DEVELOPMENT AGENCY.
(a) Establishment.--The Minority Business Development Agency in the
Department of Commerce is hereby established.
(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 in 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) Administrative Powers and Other Powers of the Agency;
Miscellaneous Provisions.--
(1) In general.--In carrying out the duties and the
responsibilities of the Agency, the Assistant Secretary may--
(A) adopt and use a seal for the Agency, which
shall be judicially noticed;
(B) hold hearings, sit and act, and take testimony
as the Assistant Secretary may determine to be
necessary or appropriate;
(C) acquire, in any lawful manner, any property
that the Assistant Secretary may determine to be
necessary or appropriate;
(D) make advance payments under grants, contracts,
and cooperative agreements awarded by the Agency;
(E) enter into agreements with other Federal
agencies;
(F) coordinate with the heads of the Offices of
Small and Disadvantaged Business Utilization of Federal
agencies;
(G) 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--
(i) assure consistency with the purposes of
this subtitle; and
(ii) avoid duplication of existing efforts;
and
(H) prescribe such rules, regulations, and
procedures as the Agency may determine to be necessary
or appropriate.
(2) Employment of certain experts and consultants.--
(A) In general.--The Assistant Secretary may employ
experts and consultants or organizations that are
composed of experts or consultants, as authorized under
section 3109 of title 5, United States Code.
(B) Renewal of contracts.--The Assistant Secretary
may annually renew a contract for employment of an
individual employed under subparagraph (A).
(3) Donation of property.--
(A) In general.--Subject to subparagraph (B), 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.
(B) Terms, conditions, reservations, and
restrictions.--The Assistant Secretary may impose
reasonable terms, conditions, reservations, and
restrictions upon the use of any property donated under
subparagraph (A).
SEC. 30104. EMERGENCY GRANTS TO NONPROFITS THAT SUPPORT MINORITY
BUSINESS ENTERPRISES.
(a) Purpose.--The purpose of this section is to make grants to
covered entities in order to help those covered entities continue the
necessary work of supporting minority business enterprises.
(b) Establishment.--Not later than 15 days after the date of
enactment of this Act, the Agency shall establish a grant program for
covered entities in accordance with the requirements of this section,
under which the Agency shall make grants to covered entities as
expeditiously as possible.
(c) Application.--
(1) In general.--A covered entity desiring a grant under
this section shall submit to the Agency an application at such
time, in such manner, and containing such information as the
Agency may require.
(2) Priority.--The Agency shall--
(A) establish selection criteria to ensure that, if
the amounts made available to carry out this section
are not sufficient to make a grant under this section
to every covered entity that submits an application
under paragraph (1), the covered entities that are the
most severely affected by the effects of COVID-19
receive priority with respect to those grants; and
(B) give priority with respect to the grants made
under this section to a covered entity that proposes to
use the grant funds for--
(i) providing paid sick leave to employees
of the covered entity who are unable to work
due to the direct effects of COVID-19;
(ii) continuing to make payroll payments in
order to retain employees of the covered entity
during an economic disruption with respect to
COVID-19;
(iii) making rent or mortgage payments with
respect to obligations of the covered entity;
or
(iv) repaying non-Federal obligations that
the covered entity cannot satisfy because of
revenue losses that are attributable to the
effects of COVID-19.
(d) Amount of Grant.--
(1) In general.--A grant made under this section shall be
in an amount that is not more than $300,000.
(2) Single award.--No covered entity may receive, or
directly benefit from, more than 1 grant made under this
section.
(e) Use of Funds.--A covered entity that receives a grant under
this section may use the grant funds to address the effects of COVID-19
on the covered entity, including by making payroll payments, making a
transition to the provision of online services, and addressing issues
raised by an inability to raise funds.
(f) Procedures.--The Agency shall establish procedures to
discourage and prevent waste, fraud, and abuse by applicants for, and
recipients of, grants made under this section.
(g) Penalties for Fraud and Misapplication of Funds.--An applicant
for, or recipient of, a grant made under this section shall be subject
to all applicable provisions of Federal law, including section 1001 of
title 18, United States Code.
(h) Non-duplication.--The Agency shall ensure that covered entities
do not receive grants under both this section and section 1108 of the
Coronavirus Aid, Relief, and Economic Security Act.
(i) Inspector General Audit.--Not later than 180 days after the
date on which the Agency begins making grants under this section, the
Inspector General of the Department of Commerce shall--
(1) conduct an audit of grants made under this section,
which shall seek to identify any discrepancies or
irregularities with respect to the grants; and
(2) submit to Congress a report regarding the audit
conducted under paragraph (1).
(j) Updates to Congress.--Not later than 30 days after the date of
enactment of this Act, and once every 30 days thereafter until the date
described in subsection (k), the Agency shall submit to Congress a
report that contains--
(1) the number of grants made under this section during the
period covered by the report; and
(2) with respect to the grants described in paragraph (1),
the geographic distribution of those grants by State and
county.
(k) Termination.--The authority to make grants under this section
shall terminate on September 30, 2023.
SEC. 30105. OUTREACH TO BUSINESS CENTERS.
(a) In General.--Not later than 10 days after the date of enactment
of this Act, the Agency shall conduct outreach to the business center
network of the Agency to provide guidance to those centers regarding
other Federal programs that are available to provide support to
minority business enterprises, including programs at the Department of
the Treasury, the Small Business Administration, and the Economic
Development Administration of the Department of Commerce.
(b) Additional Staff.--The Agency may hire additional staff to
carry out the responsibilities of the Agency under subsection (a).
(c) Outreach to Native Communities.--
(1) In general.--In carrying out this section, the Agency
shall ensure that outreach is conducted in American Indian,
Alaska Native, and Native Hawaiian communities.
(2) Direct outreach to certain minority business
enterprises.--If the Assistant Secretary determines that a
particular American Indian, Alaska Native, or Native Hawaiian
community does not receive sufficient grant amounts under
section 30104 of this subtitle or section 1108 of the CARES
Act, the Assistant Secretary shall carry out additional
outreach directly to minority business enterprises located in
that community to provide guidance regarding Federal programs
that are available to provide support to minority business
enterprises.
(d) Use of Appropriated Funds.--If, after carrying out this
section, there are remaining funds made available to carry out this
section from the amount appropriated under section 30106, the Agency
may use those remaining funds to carry out other responsibilities of
the Agency under section 30104.
SEC. 30106. DIRECT APPROPRIATION.
(a) In General.--There is appropriated to the Agency, in additional
to any other amounts previously appropriated for the Agency and out of
amounts in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2021, to remain available until September 30,
2024, $60,000,000, of which--
(1) $10,000,000 shall be for carrying out section 30104 of
this subtitle;
(2) $5,000,000 shall be for carrying out section 30105 of
this subtitle; and
(3) $10,000,000 shall be allocated to the White House
Initiative on Asian Americans and Pacific Islanders.
(b) Emergency Designation.--
(1) In general.--The amounts provided by this subtitle 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)).
(2) Designation in senate.--In the Senate, this subtitle 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 2022.
SEC. 30107. 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.
SEC. 30108. 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.
SEC. 30109. 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. 30110. 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. 30111. 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 B--Health Enterprise Zones
SEC. 30201. SHORT TITLE.
This subtitle may be cited as the ``Health Enterprise Zones Act of
2020''.
SEC. 30202. DESIGNATION OF HEALTH ENTERPRISE ZONES.
(a) Designation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall, pursuant to
applications submitted under subsection (c), designate areas as
Health Enterprise Zones to reduce health disparities and
improve health outcomes in such areas.
(2) Eligibility of area.--To be designated as a Health
Enterprise Zone under this section, an area must--
(A) be a contiguous geographic area in one census
tract or ZIP code;
(B) have measurable and documented racial, ethnic,
or geographic health disparities and poor health
outcomes, demonstrated by--
(i) average income below 150 percent of the
Federal poverty line;
(ii) a rate of eligibility in the special
supplemental nutrition program under section 17
of the Child Nutrition Act of 1966 (42 U.S.C.
1786) that is higher than the national average
rate of eligibility in such program;
(iii) lower life expectancy than the
national average; or
(iv) a higher percentage of instances of
low birth weight than the national average; and
(C) are part of a Metropolitan Statistical Area or
Micropolitan Statistical Area identified by the Office
of Management and Budget.
(b) Solicitation of Applications.--The Secretary shall--
(1) not later than 12 months after the date of enactment of
this Act, solicit applications under subsection (c); and
(2) publish on the website of the Department of Health and
Human Services--
(A) the names of all applicants, together with the
names of each applicant's coalition partners; and
(B) a description of all areas proposed to be
designated as Health Enterprise Zones.
(c) Submission of Applications.--To seek the designation of an area
as a Health Enterprise Zone, a community-based nonprofit organization
or local governmental agency, in coalition with an array of health care
providers, hospitals, nonprofit community health clinics, health
centers, social service organizations, and other related organizations
shall submit an application to the Secretary.
(d) Contents.--An application under subsection (c) shall--
(1) include an effective and sustainable plan with respect
to the area proposed for designation--
(A) to reduce health disparities;
(B) to reduce the costs of, or to produce savings
to, the health care system;
(C) to improve health outcomes; and
(D) to utilize one or more of the incentives
established pursuant to sections 30204, 30205, 30206,
and 30207 to address health care provider capacity,
improve health services delivery, effectuate community
improvements, or conduct outreach and education
efforts; and
(2) identify specific diseases or indicators of health for
improvement of health outcomes in such area, including at least
one of the following: cardiovascular disease, asthma, diabetes,
dental health, behavioral health, maternal and birth health,
sexually transmitted infections, and obesity.
(e) Considerations.--The Secretary--
(1) shall consider geographic diversity, among other
factors, in selecting areas for designation as Health
Enterprise Zones; and
(2) may conduct outreach efforts to encourage a
geographically diverse pool of applicants, including for
designating Health Enterprise Zones in rural areas.
(f) Priority.--In selecting areas for designation as Health
Enterprise Zones, the Secretary shall give higher priority to
applications based on the extent to which they demonstrate the
following:
(1) Support from, and participation of, key stakeholders in
the public and private sectors in the area proposed for
designation, including residents and local governments of such
area.
(2) A plan for long-term funding and sustainability.
(3) Supporting funds from the private sector.
(4) Integration with any applicable State health
improvement process or plan.
(5) A plan for evaluation of the impact of designation of
such area as a Health Enterprise Zone.
(6) A plan to utilize existing State tax credits, grants,
or other incentives to reduce health disparities and improve
health outcomes in the proposed Health Enterprise Zone.
(7) Such other factors as the Secretary determines are
appropriate to demonstrate a commitment to reduce health
disparities and improve health outcomes in such area.
(g) Period of Designation.--The designation under this section of
any area as a Health Enterprise Zone shall expire at the end of the
period of 10 fiscal years following the enactment of this Act.
SEC. 30203. CONSULTATION.
The Secretary shall carry out this subtitle in consultation with--
(1) the Secretary of Housing and Urban Development; and
(2) the Deputy Assistant Secretary for Minority Health.
SEC. 30204. TAX INCENTIVES.
(a) Work Opportunity Credit for Hiring Health Enterprise Zone
Workers.--
(1) In general.--Section 51(d)(1) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of
subparagraph (I), by striking the period at the end of
subparagraph (J) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(K) a qualified Health Enterprise Zone worker, to
the extent that the qualified first-year wages with
respect to such worker are paid for qualified Health
Enterprise Zone work.''.
(2) Qualified health enterprise zone worker.--Section 51(d)
of such Code is amended by adding at the end the following new
paragraphs:
``(16) Qualified health enterprise zone worker.--The term
`qualified Health Enterprise Zone worker' means any individual
who is certified by the designated local agency as having (as
of the hiring date) a principal place of employment within a
Health Enterprise Zone (as such term is defined in section
30209 of the Health Enterprise Zones Act of 2020).
``(17) Qualified health enterprise zone work.--The term
`qualified Health Enterprise Zone work' means employment by a
Health Enterprise Zone practitioner (as such term is defined in
section 30209 of the Health Enterprise Zones Act of 2020), the
primary official duties of which promote access to healthcare
in a Health Enterprise Zone (as such term is defined in section
30209 of the Health Enterprise Zones Act of 2020).''.
(3) Effective date.--The amendments made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act to individuals who begin work for the
employer after such date.
(b) Credit for Health Enterprise Zone Workers.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25D the following new section:
``SEC. 25E. CREDIT FOR QUALIFIED HEALTH ENTERPRISE ZONE WORKERS.
``(a) Allowance of Credit.--In the case of a qualified Health
Enterprise Zone worker, there shall be allowed as a credit against the
tax imposed by this chapter for a taxable year an amount equal to 40
percent of wages received for qualified Health Enterprise Zone work.
``(b) Definitions.--For purposes of this section--
``(1) The term `qualified Health Enterprise Zone worker'
means, with respect to wages, an individual whose principal
place of employment while earning such wages is within a Health
Enterprise Zone (as such term is defined in section 30209 of
the Health Enterprise Zones Act of 2020).
``(2) The term `qualified Health Enterprise Zone work' has
the meaning given such term in section 51.''.
(2) Clerical amendment.--The table of sections for subpart
A of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Credit for qualified Health Enterprise Zone workers.''.
(3) Effective date.--The amendments made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act.
SEC. 30205. GRANTS.
(a) Authorization.--For each area designated under section 30202 as
a Health Enterprise Zone, the Secretary may award a grant to the
community-based nonprofit organization or local governmental agency
that applied for such designation to support such applicant and its
coalition partners in reducing health disparities and improving health
outcomes in such area.
(b) Use of Funds.--Programs and activities funded through a grant
under this section shall be consistent with the grantee's plan
submitted pursuant to section 30202(d)(1) and may include the
following:
(1) Subgrants to health care practitioners.--
(A) In general.--For the purpose of improving or
expanding the delivery of health care in the respective
Health Enterprise Zone, the grantee may award subgrants
to Health Enterprise Zone practitioners to defray costs
related to innovative strategies listed in paragraph
(2).
(B) Eligibility.--To be eligible to receive a
subgrant pursuant to subparagraph (A), a Health
Enterprise Zone practitioner shall--
(i) own or lease a health care facility in
the Health Enterprise Zone; or
(ii) provide health care in such a
facility.
(C) Amount.--The amount of a subgrant under
subparagraph (A) may not exceed the lesser of--
(i) $5,000,000; or
(ii) 50 percent of the costs of the
equipment, or capital or leasehold
improvements, to be defrayed using the subgrant
to implement innovative strategies listed in
paragraph (2).
(2) Innovative strategies.--A grantee (or subgrantee) may
use a grant received under this section (or a subgrant received
under paragraph (1)) to implement innovative public health
strategies in the respective Health Enterprise Zone, which
strategies may include--
(A) internships and volunteer opportunities for
students who reside in the Health Enterprise Zone;
(B) funding resources to improve health care
provider capacity to serve non-English speakers;
(C) operation of medical, mental and behavioral
health, and dental mobile clinics;
(D) provision of transportation to and from medical
appointments for patients;
(E) funding resources to improve access to healthy
food, recreation, and high-quality housing;
(F) capital or leasehold improvements to a health
care facility in the respective Health Enterprise Zone;
and
(G) medical or dental equipment to be used in such
a facility.
SEC. 30206. STUDENT LOAN REPAYMENT PROGRAM.
(a) In General.--The Secretary shall carry out a loan repayment
program under which the Secretary enters into agreements with eligible
Health Enterprise Zone practitioners to make payments on the principal
and interest of the eligible educational loans of such practitioners
for each year such practitioners agree to provide health care services
in a Health Enterprise Zone.
(b) Limitations.--In entering into loan repayment agreements under
this section, the Secretary may not agree to--
(1) make payments for more than 10 years with respect to a
practitioner; or
(2) pay more than $10,000 per year, or more than a total of
$100,000, with respect to a practitioner.
(c) Definitions.--In this section:
(1) The term ``eligible educational loan'' means any
federally funded or guaranteed student loan as determined
appropriate by the Secretary in coordination with the Secretary
of Education.
(2) The term ``eligible Health Enterprise Zone
practitioner'' means a Health Enterprise Zone practitioner who
agrees--
(A) to provide health care services in a Health
Enterprise Zone for a specified period that is not less
than one year; and
(B) has one or more eligible educational loans.
SEC. 30207. TEN PERCENT INCREASE OF PAYMENT FOR ITEMS AND SERVICES
PAYABLE UNDER MEDICARE PART B FURNISHED IN HEALTH
ENTERPRISE ZONES.
Section 1833(a) of the Social Security Act (42 U.S.C. 1395l(a)) is
amended by inserting before the period at the end the following: ``.
With respect to items and services payable under this part that are
furnished in a Health Enterprise Zone (as defined in section 30209 of
the Health Enterprise Zones Act of 2020) during the period beginning on
the first day an area is designated a Health Enterprise Zone under
section 30202(a)(1) of such Act and ending on the last day of the
fiscal year that is 10 fiscal years following the enactment of this
Act, the payment rates otherwise established for such items and
services shall be increased by 10 percent''.
SEC. 30208. REPORTING.
(a) In General.--Not later than the end of each fiscal year in the
period of 10 fiscal years following the date of enactment of this Act,
the Secretary shall submit to the Congress a report on the
implementation of this subtitle and the results thereof.
(b) Contents.--Each report under subsection (a) shall--
(1) specify the number and types of incentives provided
pursuant to this subtitle in each Health Enterprise Zone
designated under section 30202;
(2) include evidence of the extent to which the incentives
utilized by each Health Enterprise Zone have succeeded--
(A) in attracting health care practitioners to
practice in Health Enterprise Zones;
(B) in reducing health disparities and improving
health outcomes in Health Enterprise Zones; and
(C) in reducing health costs and hospital
admissions and readmissions in Health Enterprise Zones.
SEC. 30209. DEFINITIONS.
In this subtitle:
(1) The term ``Health Enterprise Zone'' means an area
designated under section 30202 as a Health Enterprise Zone.
(2) The term ``Health Enterprise Zone practitioner'' means
a health care practitioner who--
(A) is licensed or certified in accordance with
applicable State law to treat patients in the
respective Health Enterprise Zone;
(B) provides--
(i) primary care, which may include
obstetrics, gynecological services, pediatric
services, or geriatric services;
(ii) behavioral health services, which may
include mental health or substance use disorder
services; or
(iii) dental services; and
(C) is a participating provider of services or
supplier under the Medicare program under title XVIII
of the Social Security Act (42 U.S.C. 1395 et seq.) or
a participating provider under a State plan under title
XIX of such Act (42 U.S.C. 1396 et seq.).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 30210. AUTHORIZATION OF APPROPRIATIONS.
To carry out this subtitle, there is authorized to be appropriated
such sums as may be necessary for the period of 10 fiscal years
following the date of enactment of this Act.
Subtitle C--Coverage for COVID-19 Treatment
SEC. 30301. SHORT TITLE.
This subtitle may be cited as the ``Coverage for COVID-19 Treatment
Act of 2020''.
SEC. 30302. COVERAGE OF COVID-19 RELATED TREATMENT AT NO COST SHARING.
(a) In General.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage (including a
grandfathered health plan (as defined in section 1251(e) of the Patient
Protection and Affordable Care Act)) shall provide coverage, and shall
not impose any cost sharing (including deductibles, copayments, and
coinsurance) requirements, for the following items and services
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of
this Act:
(1) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who has been
diagnosed with (or after provision of the items and services is
diagnosed with) COVID-19 to treat or mitigate the effects of
COVID-19.
(2) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who is
presumed to have COVID-19 but is never diagnosed as such, if
the following conditions are met:
(A) Such items and services are furnished to the
individual to treat or mitigate the effects of COVID-19
or to mitigate the impact of COVID-19 on society.
(B) Health care providers have taken appropriate
steps under the circumstances to make a diagnosis, or
confirm whether a diagnosis was made, with respect to
such individual, for COVID-19, if possible.
(b) Items and Services Related to COVID-19.--For purposes of this
section--
(1) not later than one week after the date of the enactment
of this section, the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury shall jointly
issue guidance specifying applicable diagnoses and medically
necessary items and services related to COVID-19; and
(2) such items and services shall include all items or
services that are relevant to the treatment or mitigation of
COVID-19, regardless of whether such items or services are
ordinarily covered under the terms of a group health plan or
group or individual health insurance coverage offered by a
health insurance issuer.
(c) Reimbursement to Plans and Coverage for Waiving Cost Sharing.--
(1) In general.--A group health plan or a health insurance
issuer offering group or individual health insurance coverage
(including a grandfathered health plan (as defined in section
1251(e) of the Patient Protection and Affordable Care Act))
that does not impose cost sharing requirements as described in
subsection (a) shall notify the Secretary of Health and Human
Services, Secretary of Labor, and Secretary of the Treasury
(through a joint process established jointly by the
Secretaries) of the total dollar amount of cost sharing that,
but for the application of subsection (a), would have been
required under such plans and coverage for items and services
related to COVID-19 furnished during the period to which
subsection (a) applies to enrollees, participants, and
beneficiaries in the plan or coverage to whom such subsection
applies, but which was not imposed for such items and services
so furnished pursuant to such subsection and the Secretary of
Health and Human Services, in coordination with the Secretary
of Labor and the Secretary of the Treasury, shall make payments
in accordance with this subsection to the plan or issuer equal
to such total dollar amount.
(2) Methodology for payments.--The Secretary of Health and
Human Services, in coordination with the Secretary of Labor and
the Secretary of the Treasury shall establish a payment system
for making payments under this subsection. Any such system
shall make payment for the value of cost sharing not imposed by
the plan or issuer involved.
(3) Timing of payments.--Payments made under paragraph (1)
shall be made no later than May 1, 2023, for amounts of cost
sharing waivers with respect to 2021. Payments under this
subsection with respect to such waivers with respect to a year
subsequent to 2021 that begins during the period to which
subsection (a) applies shall be made no later than May of the
year following such subsequent year.
(4) Appropriations.--There is authorized to be
appropriated, and there is appropriated, out of any monies in
the Treasury not otherwise appropriated, such funds as are
necessary to carry out this subsection.
(d) Enforcement.--
(1) Application with respect to phsa, erisa, and irc.--The
provisions of this section shall be applied by the Secretary of
Health and Human Services, Secretary of Labor, and Secretary of
the Treasury to group health plans and health insurance issuers
offering group or individual health insurance coverage as if
included in the provisions of part A of title XXVII of the
Public Health Service Act, part 7 of the Employee Retirement
Income Security Act of 1974, and subchapter B of chapter 100 of
the Internal Revenue Code of 1986, as applicable.
(2) Private right of action.--An individual with respect to
whom an action is taken by a group health plan or health
insurance issuer offering group or individual health insurance
coverage in violation of subsection (a) may commence a civil
action against the plan or issuer for appropriate relief. The
previous sentence shall not be construed as limiting any
enforcement mechanism otherwise applicable pursuant to
paragraph (1).
(e) Implementation.--The Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury may implement the
provisions of this section through sub-regulatory guidance, program
instruction or otherwise.
(f) Terms.--The terms ``group health plan'', ``health insurance
issuer'', ``group health insurance coverage'', and ``individual health
insurance coverage'' have the meanings given such terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
and section 9832 of the Internal Revenue Code of 1986, as applicable.
Subtitle D--Quit Because of COVID-19
SEC. 30401. SHORT TITLE.
This subtitle may be cited as the ``Quit Because of COVID-19 Act''.
SEC. 30402. COVERAGE OF COMPREHENSIVE TOBACCO CESSATION SERVICES IN
MEDICAID.
(a) Requiring Medicaid Coverage of Counseling and Pharmacotherapy
for Cessation of Tobacco Use.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (D), by striking ``and''; and
(B) by inserting before the semicolon the
following: ``; and (E) counseling and pharmacotherapy
for cessation of tobacco use by individuals who are
eligible under the State plan (as defined in subsection
(gg)) during the period beginning on the first day of
the emergency period described in section 1135(g)(1)(B)
and ending on the last day of the 2-year period after
the last day of such emergency period'';
(2) by adding at the end the following new subsection:
``(gg) For purposes of this title, the term `counseling and
pharmacotherapy for cessation of tobacco use' means diagnostic,
therapy, and counseling services and pharmacotherapy (including the
coverage of prescription and nonprescription tobacco cessation agents
approved by the Food and Drug Administration) for the cessation of
tobacco use by individuals who use tobacco products or who are being
treated for tobacco use that are furnished--
``(1) by or under the supervision of a physician; or
``(2) by any other health care professional who--
``(A) is legally authorized to furnish such
services under State law (or the State regulatory
mechanism provided by State law) of the State in which
the services are furnished; and
``(B) is authorized to receive payment for other
services under this title or is designated by the
Secretary for this purpose;
which is recommended in the guideline entitled, `Treating
Tobacco Use and Dependence: 2008 Update: A Clinical Practice
Guideline' published by the Public Health Service in May 2008
(or any subsequent modification of such guideline) or is
recommended for the cessation of tobacco use by the U.S.
Preventive Services Task Force or any additional intervention
approved by the Food and Drug Administration as safe and
effective in helping smokers quit.''.
(b) No Cost Sharing.--
(1) In general.--Subsections (a)(2) and (b)(2) of section
1916 of the Social Security Act (42 U.S.C. 1396o) are each
amended--
(A) in subparagraph (F), by striking ``or'' at the
end;
(B) in subparagraph (G), by striking ``; and'' and
inserting ``, or'' ; and
(C) by adding at the end the following new
subparagraph:
``(H) counseling and pharmacotherapy for cessation
of tobacco use (as defined in section 1905(gg)) and
covered outpatient drugs (as defined in subsection
(k)(2) of section 1927 and including nonprescription
drugs described in subsection (d)(2) of such section)
that are prescribed for purposes of promoting tobacco
cessation in accordance with the guideline specified in
section 1905(gg)(2)(A) furnished during the period
beginning on the first day of the emergency period
described in section 1135(g)(1)(B) and ending on the
last day of the 2-year period after the last day of
such emergency period; and''.
(2) Application to alternative cost sharing.--Section
1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-
1(b)(3)(B)) is amended by adding at the end the following new
clause:
``(xii) Counseling and pharmacotherapy for
cessation of tobacco use (as defined in section
1905(gg)) and covered outpatient drugs (as
defined in subsection (k)(2) of section 1927
and including nonprescription drugs described
in subsection (d)(2) of such section) that are
prescribed for purposes of promoting tobacco
cessation in accordance with the guideline
specified in section 1905(gg)(2)(A) furnished
during the period beginning on the first day of
the emergency period described in section
1135(g)(1)(B) and ending on the last day of the
2-year period after the last day of such
emergency period.''.
(c) Exception From Optional Restriction Under Medicaid Prescription
Drug Coverage.--Section 1927(d)(2)(F) of the Social Security Act (42
U.S.C. 1396r-8(d)(2)(F)) is amended to read as follows:
``(F) Nonprescription drugs, except, in the case
of--
``(i) pregnant women when recommended in
accordance with the guideline specified in
section 1905(bb)(2)(A), agents approved by the
Food and Drug Administration under the over-
the-counter monograph process for purposes of
promoting tobacco cessation; and
``(ii) individuals who are eligible under
the State plan when recommended in accordance
with the Guideline referred to in section
1905(gg)(2)(A), agents approved by the Food and
Drug Administration under the over-the-counter
monograph process for purposes of promoting
tobacco cessation (as defined in subsection
(bb) during the period beginning on the first
day of the emergency period described in
section 1135(g)(1)(B) and ending on the last
day of the 2-year period after the last day of
such emergency period.''.
(d) State Monitoring and Promoting of Comprehensive Tobacco
Cessation Services Under Medicaid.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a) is amended--
(1) in paragraph (85), by striking at the end ``and'';
(2) in paragraph (86), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (86) the following new
paragraph:
``(87) during the period beginning on the first day of the
emergency period described in section 1135(g)(1)(B) and ending
on the last day of the 2-year period after the last day of such
emergency period, provide for the State to monitor and promote
the use of comprehensive tobacco cessation services under the
State plan (including conducting an outreach campaign to
increase awareness of the benefits of using such services)
among--
``(A) individuals entitled to medical assistance
under the State plan who use tobacco products; and
``(B) clinicians and others who provide services to
individuals entitled to medical assistance under the
State plan.''.
(e) Federal Reimbursement for Medicaid Coverage and Outreach
Campaign.--Section 1903(a) of the Social Security Act (42 U.S.C.
1396b(a)) is amended--
(1) in paragraph (7), by striking the period at the end and
inserting ``; plus''; and
(2) by inserting after paragraph (7) the following new
paragraphs:
``(8) during the period beginning on the first day of the
emergency period described in section 1135(g)(1)(B) and ending
on the last day of the 2-year period after the last day of such
emergency period, an amount equal to 100 percent of the sums
expended during each quarter which are attributable to the cost
of furnishing counseling and pharmacotherapy for cessation of
tobacco use by individuals who are eligible under the State
plan as described in section 1905(a)(4)(E); plus
``(9) during the period described in paragraph (8), an
amount equal to 100 percent of the sums expended during each
quarter which are attributable to the development,
implementation, and evaluation of an outreach campaign to--
``(A) increase awareness of comprehensive tobacco
cessation services covered in the State plan among--
``(i) individuals who are likely to be
eligible for medical assistance under the State
plan; and
``(ii) clinicians and others who provide
services to individuals who are likely to be
eligible for medical assistance under the State
plan; and
``(B) increase awareness of the benefits of using
comprehensive tobacco cessation services covered in the
State plan among--
``(i) individuals who are likely to be
eligible for medical assistance under the State
plan; and
``(ii) clinicians and others who provide
services to individuals who are likely to be
eligible for medical assistance under the State
plan about the benefits of using comprehensive
tobacco cessation services.''.
(f) No Prior Authorization for Tobacco Cessation Drugs Under
Medicaid.--Section 1927(d) of the Social Security Act (42 U.S.C. 1396r-
8(d)) is amended--
(1) in paragraph (1)(A), by striking ``A State'' and
inserting ``Subject to paragraph (8), a State''; and
(2) by adding at the end the following new paragraph:
``(8) No prior authorization programs for tobacco cessation
drugs.--During the period beginning on the first day of the
emergency period described in section 1135(g)(1)(B) and ending
on the last day of the 2-year period after the last day of such
emergency period, a State plan may not require, as a condition
of coverage or payment for a covered outpatient drug, the
approval of an agent to promote smoking cessation (including
agents approved by the Food and Drug Administration) or tobacco
cessation.''.
SEC. 30403. COVERAGE OF COMPREHENSIVE TOBACCO CESSATION SERVICES IN
CHIP.
(a) Requiring CHIP Coverage of Counseling and Pharmacotherapy for
Cessation of Tobacco Use.--
(1) In general.--Section 2103(c)(2) of the Social Security
Act (42 U.S.C. 1397cc(c)(2)) is amended by adding at the end
the following new subparagraph:
``(D) Counseling and pharmacotherapy for cessation
of tobacco use by individuals who are eligible under
the State child health plan during the period beginning
on the first day of the emergency period described in
section 1135(g)(1)(B) and ending on the last day of the
2-year period after the last day of such emergency
period.''.
(2) Counseling and pharmacotherapy for cessation of tobacco
use defined.--Section 2110(c) of the Social Security Act (42
U.S.C. 1397jj(c)) is amended by adding at the end the following
new paragraph:
``(10) Counseling and pharmacotherapy for cessation of
tobacco use.--The term `counseling and pharmacotherapy for
cessation of tobacco use' means diagnostic, therapy, and
counseling services and pharmacotherapy (including the coverage
of prescription and nonprescription tobacco cessation agents
approved by the Food and Drug Administration) for the cessation
of tobacco use by individuals who use tobacco products or who
are being treated for tobacco use that are furnished--
``(A) by or under the supervision of a physician;
or
``(B) by any other health care professional who--
``(i) is legally authorized to furnish such
services under State law (or the State
regulatory mechanism provided by State law) of
the State in which the services are furnished;
and
``(ii) is authorized to receive payment for
other services under this title or is
designated by the Secretary for this purpose;
which is recommended in the guideline entitled,
`Treating Tobacco Use and Dependence: 2008 Update: A
Clinical Practice Guideline' published by the Public
Health Service in May 2008 (or any subsequent
modification of such guideline) or is recommended for
the cessation of tobacco use by the U.S. Preventive
Services Task Force or any additional intervention
approved by the Food and Drug Administration as safe
and effective in helping smokers quit.''.
(b) No Cost Sharing.--Section 2103(e) of the Social Security Act
(42 U.S.C. 1397cc(e)) is amended by adding at the end the following new
paragraph:
``(5) No cost sharing on benefits for counseling and
pharmacotherapy for cessation of tobacco use.--The State child
health plan may not impose deductibles, coinsurance, or other
cost sharing with respect to benefits for counseling and
pharmacotherapy for cessation of tobacco use (as defined in
section 2110(c)(10)) and prescription drugs that are covered
under a State child health plan that are prescribed for
purposes of promoting tobacco cessation in accordance with the
guideline specified in section 2110(c)(10)(B) furnished during
the period beginning on the first day of the emergency period
described in section 1135(g)(1)(B) and ending on the last day
of the 2-year period after the last day of such emergency
period.''.
(c) Exception From Optional Restriction Under CHIP Prescription
Drug Coverage.--Section 2103 of the Social Security Act (42 U.S.C.
1397cc) is amended by adding at the end the following new subsection:
``(g) Exception From Optional Restriction Under CHIP Prescription
Drug Coverage.--The State child health plan may exclude or otherwise
restrict nonprescription drugs, except, in the case of--
``(1) pregnant women when recommended in accordance with
the guideline specified in section 2110(c)(10)(B), agents
approved by the Food and Drug Administration under the over-
the-counter monograph process for purposes of promoting tobacco
cessation; and
``(2) individuals who are eligible under the State child
health plan when recommended in accordance with the Guideline
referred to in section 2110(c)(10)(B), agents approved by the
Food and Drug Administration under the over-the-counter
monograph process for purposes of promoting tobacco cessation
during the period beginning on the first day of the emergency
period described in section 1135(g)(1)(B) and ending on the
last day of the 2-year period after the last day of such
emergency period.''.
(d) State Monitoring and Promoting of Comprehensive Tobacco
Cessation Services Under CHIP.--Section 2102 of the Social Security Act
(42 U.S.C. 1397bb) is amended by adding at the end the following new
subsection:
``(d) State Monitoring and Promoting of Comprehensive Tobacco
Cessation Services Under CHIP.--A State child health plan shall include
a description of the procedures to be used by the State during the
period beginning on the first day of the emergency period described in
section 1135(g)(1)(B) and ending on the last day of the 2-year period
after the last day of such emergency period to monitor and promote the
use of comprehensive tobacco cessation services under the State plan
(including conducting an outreach campaign to increase awareness of the
benefits of using such services) among--
``(1) individuals entitled to medical assistance under the
State child health plan who use tobacco products; and
``(2) clinicians and others who provide services to
individuals entitled to medical assistance under the State
child health plan.''.
(e) Federal Reimbursement for CHIP Coverage and Outreach
Campaign.--Section 2105(a) of the Social Security Act (42 U.S.C.
1397ee(a)) is amended by adding at the end the following new paragraph:
``(5) Federal reimbursement for chip coverage of
comprehensive tobacco cessation services and outreach
campaign.--In addition to the payments made under paragraph
(1), during the period beginning on the first day of the
emergency period described in section 1135(g)(1)(B) and ending
on the last day of the 2-year period after the last day of such
emergency period, the Secretary shall pay--
``(A) an amount equal to 100 percent of the sums
expended during each quarter which are attributable to
the cost of furnishing counseling and pharmacotherapy
for cessation of tobacco use by individuals who are
eligible under the State child health plan; plus
``(B) an amount equal to 100 percent of the sums
expended during each quarter which are attributable to
the development, implementation, and evaluation of an
outreach campaign to--
``(i) increase awareness of comprehensive
tobacco cessation services covered in the State
child health plan among--
``(I) individuals who are likely to
be eligible for medical assistance
under the State child health plan; and
``(II) clinicians and others who
provide services to individuals who are
likely to be eligible for medical
assistance under the State child health
plan; and
``(ii) increase awareness of the benefits
of using comprehensive tobacco cessation
services covered in the State child health plan
among--
``(I) individuals who are likely to
be eligible for medical assistance
under the State child health plan; and
``(II) clinicians and others who
provide services to individuals who are
likely to be eligible for medical
assistance under the State child health
plan about the benefits of using
comprehensive tobacco cessation
services.''.
(f) No Prior Authorization for Tobacco Cessation Drugs Under
CHIP.--Section 2103 of the Social Security Act (42 U.S.C. 1397cc), as
amended by subsection (c), is further amended--
(1) in subsection (c)(2)(A), by inserting ``(in accordance
with subsection (h)'' after ``Coverage of prescription drugs'';
and
(2) by adding at the end the following new subsection:
``(h) No Prior Authorization Programs for Tobacco Cessation
Drugs.--During the period beginning on the first day of the emergency
period described in section 1135(g)(1)(B) and ending on the last day of
the 2-year period after the last day of such emergency period, a State
child health plan may not require, as a condition of coverage or
payment for a prescription drugs, the approval of an agent to promote
smoking cessation (including agents approved by the Food and Drug
Administration) or tobacco cessation.''.
SEC. 30404. RULE OF CONSTRUCTION.
None of the amendments made by this subtitle shall be construed to
limit coverage of any counseling or pharmacotherapy for individuals
under 18 years of age.
Subtitle E--Food for Working Families
SEC. 30501. SHORT TITLE.
This subtitle may be cited as the ``Food for Working Families Act
of 2020''.
SEC. 30502. FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION INCOME AND
RESOURCES DISREGARD FOR SNAP.
The monthly equivalent of any Federal pandemic unemployment
compensation paid to an individual under section 2104 of the CARES Act
(Public Law 116-136) shall be excluded for the purpose of determining
income and resources under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.).
Subtitle F--Reducing COVID-19 Disparities by Investing in Public Health
SEC. 30601. SHORT TITLE.
This subtitle may be cited as the ``Reducing COVID-19 Disparities
by Investing in Public Health Act''.
SEC. 30602. FINDINGS.
The Congress finds the following:
(1) Funding under this subtitle is essential to core
efforts at the Department of Health and Human Services and in
local and State health departments to prevent and control the
spread of chronic disease and conditions. The National Center
for Chronic Disease Prevention and Health Promotion works to
raise awareness of health disparities faced by minority
populations of the United States such as American Indians,
Alaska Natives, Asian Americans, African Americans, Latino
Americans, and Native Hawaiians or other Pacific Islanders. One
of the primary functions of the Center is to reduce risk
factors for groups affected by health disparities.
(2) Six in ten Americans live with at least one chronic
disease, like heart disease and stroke, cancer, or diabetes.
These and other chronic diseases are the leading causes of
death and disability in America. Specifically, chronic diseases
are responsible for 7 in 10 deaths each year. According to the
Centers for Disease Control and Prevention (``CDC''),
individuals who are at high risk for severe illness from COVID-
19 are people with chronic lung disease or moderate to severe
asthma, people with serious heart conditions, people who are
immunocompromised--sometimes because of cancer or HIV/AIDS,
people with diabetes, people with liver disease, people with
severe obesity, and people with chronic kidney disease
undergoing dialysis.
(3) According to hospital data from the first month of the
COVID-19 epidemic in the United States released by the CDC,
roughly 1 in 3 people who required hospitalizations from COVID-
19 were African American. While 33 percent of total
hospitalized patients are Black, African Americans constitute
just 13 percent of the entire American population. Early data
released by States and municipalities show that African
Americans suffer higher mortality rates from COVID-19.
Socioeconomic factors further contribute to racial disparities
seen in both prevalence of chronic conditions and exposure to
COVID-19. Individuals in low-income communities and people of
color are more likely to have many of the chronic health
conditions that have been identified as risk factors for
complications from COVID-19, yet suffer decreased access to
care, compounded by a decreased likelihood of undergoing
appropriate treatment.
(4) According to the American Diabetes Association, 12.1
percent of Hispanic Americans, 12.7 percent of African
Americans, 8 percent of Asian Americans, and 15.1 percent of
American Indians/Alaska Natives have been diagnosed with
diabetes, compared to just 7.4 percent of White Americans. The
CDC calculated that compared to non-Hispanic Whites, Hispanics
are 40 percent more likely to die from diabetes, African
Americans are twice as likely to die from diabetes, and
American Indians/Alaska Natives are almost twice as likely to
die from the disease.
(5) According to the National Institutes of Health, African
Americans are more than 30 percent more likely to die from
heart disease, are twice as likely to have a stroke--which
tends to be more severe with a higher morbidity and results in
higher mortality, are 40 percent more likely to have high blood
pressure, and have a higher rate of hypertension and heart
failure than their White counterparts.
(6) Minority groups suffer from asthma at a
disproportionate rate, have the highest number of emergency
room visits and hospital stays due to asthma, and have higher
mortality rates from asthma than their White counterparts. The
prevalence of childhood asthma for African Americans is 12.7
percent compared to 8 percent for White Americans, while
mortality rates in children and adults are eightfold and
threefold higher, respectively, for African Americans compared
to White Americans.
(7) President Trump has consistently proposed budgets that
would cut the Chronic Disease Prevention and Health Promotion
Fund. In fiscal year 2021, the President proposed to
consolidate the CDC's primary chronic disease prevention
activities, including tobacco, diabetes, heart disease, and
stroke, and nutrition and physical activity, into a single
block grant to States, while proposing a $427,000,000 cut to
the account. In fiscal year 2020, the President proposed a
$236,500,000 cut to the account. In fiscal year 2019, the
President proposed a $138,300,000 cut to the account. In fiscal
year 2018, the President proposed a $222,300,000 cut to the
account.
(8) Cuts to this Fund and other public health prevention
efforts undermine efforts to create an affordable and
accessible health care system, and a better quality of life for
Americans of all ethnic, racial, and socioeconomic backgrounds.
Cuts to this Fund would also exacerbate existing disparities
and underlying health conditions that have created seemingly
vast disparities in hospitalization and mortality rates due to
COVID-19.
(9) Prevention efforts have proven to be effective. Funding
increases for community-based public health programs reduce
preventable disease caused by diabetes, cancer, and
cardiovascular disease. Improved access to intervention,
treatment, and affordable care is also proven to mitigate the
development of associated chronic diseases and mortality rates.
(10) Increasing the Chronic Disease Prevention and Health
Promotion Fund funding to $2,400,000,000 annually will allow
the Fund to invest in more innovative, evidence-based public
health programs, maintain and expand investments in programs
with demonstrated success, and help reduce racial health
disparities and rates of chronic disease that can put persons
of color at greater risk of hospitalization or death from
COVID-19.
(11) Further, the Office of Minority Health in the Office
of the Secretary of Health and Human Services (established by
section 1707 of the Public Health Service Act (42 U.S.C. 300u-
6)) was designed for the purpose of ``improving minority health
and the quality of health care minorities receive, and
eliminating racial and ethnic disparities''. The Office of
Minority Health and Health Equity at the CDC serves to decrease
health disparities, address social determinants of health, and
promote access to high-quality preventative health care. The
Office of Minority Health and Health Equity at the Food and
Drug Administration promotes and protects the health of diverse
populations through research and communication of science that
addresses health disparities. The National Institute on
Minority Health and Health Disparities leads scientific
research that advances understanding of minority health and
health disparities.
(12) Increasing funding for these and other critical health
programs will enable the United States and State departments of
public health to better combat disparities that have emerged
during the COVID-19 crisis and beyond.
SEC. 30603. REDUCING COVID-19 DISPARITIES BY INVESTING IN PUBLIC
HEALTH.
(a) Chronic Disease Prevention and Health Promotion.--There is
authorized to be appropriated, and there is hereby appropriated, out of
any money in the Treasury not otherwise appropriated, for ``Centers for
Disease Control and Prevention--Chronic Disease Prevention and Health
Promotion'', for fiscal year 2022 and each subsequent fiscal year,
$2,400,000,000.
(b) National Institute on Minority Health and Health Disparities.--
There is authorized to be appropriated, and there is hereby
appropriated, out of any money in the Treasury not otherwise
appropriated, to the National Institute on Minority Health and Health
Disparities, for fiscal year 2022 and each subsequent fiscal year,
$672,000,000.
(c) Office of Minority Health.--There is authorized to be
appropriated, and there is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, to the Office of Minority Health
in the Office of the Secretary of Health and Human Services
(established by section 1707 of the Public Health Service Act (42
U.S.C. 300u-6)), for fiscal year 2022 and each subsequent fiscal year,
the amount that is twice the amount of funds made available to such
Office of Minority Health for fiscal year 2022.
(d) Other Offices of Minority Health Within the Department of
Health and Human Services.--There is authorized to be appropriated, and
there is hereby appropriated, out of any money in the Treasury not
otherwise appropriated, to the Office of Minority Health of the Agency
for Healthcare Research and Quality, the Office of Minority Health of
the Centers for Disease Control and Prevention, the Office of Minority
Health of the Centers for Medicare & Medicaid Services, the Office of
Minority Health of the Food and Drug Administration, the Office of
Minority Health of the Health Resources and Services Administration,
and the Office of Minority Health of Substance Abuse and Mental Health
Services Administration (as established pursuant to section 1707A of
the Public Health Service Act (42 U.S.C. 300u-6a)), for fiscal year
2023 and each subsequent fiscal year, the amount that is twice the
amount of funds made available to the respective Office of Minority
Health for fiscal year 2022.
Subtitle G--Increasing Access to SNAP Delivery During COVID-19
SEC. 30701. SHORT TITLE.
This subtitle may be cited as the ``Increasing Access to SNAP
Delivery During COVID-19 Act of 2020''.
SEC. 30702. FOOD DELIVERY UNDER SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
(a) Definitions.--In this section:
(1) Employee.--The term ``employee'' has the meaning given
the term in section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
(2) Program.--The term ``program'' means the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Program Modifications.--
(1) In general.--In carrying out the program, the Secretary
shall--
(A) notify authorized program retailers of existing
opportunities through which retailers can deliver food
to program participants, including by--
(i) allowing an EBT card (as defined in
section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012)) to be swiped on delivery of
food to the home (with a mobile device); and
(ii) preparing food for pick-up;
(B) authorize public-private partnerships between
the Department of Agriculture, authorized program
retailers, and community-based organizations to support
food delivery, including through the use of private
funds;
(C) in the case of an authorized program retailer
that is unable to cover the cost of food delivery for
program participants, use funds made available under
paragraph (3)(B) to support food delivery for program
participants who are seniors, immunocompromised
individuals, or other individuals who are unable to
travel safely to an authorized program retailer, in
accordance with paragraph (3)(A); and
(D) require each State to submit to the Secretary a
State plan that describes how the State will--
(i) work with authorized program retailers
and other community-based partners to establish
a process for food delivery for program
participants;
(ii) administer the reimbursements
described in paragraph (3)(A)(i), including
timing, eligibility, and distribution
processes; and
(iii) ensure that authorized program
retailers that are reimbursed for delivery
costs under paragraph (3)(A)(i) adhere to the
requirements described in paragraph (3)(A)(ii).
(2) State plans.--Not later than 10 days after the date on
which the Secretary receives a State plan under paragraph
(1)(D), the Secretary shall--
(A) approve or deny the State plan; and
(B) make publicly available on the website of the
Department of Agriculture--
(i) the State plan;
(ii) the determination made under
subparagraph (A) with respect to that plan; and
(iii) any guidance issued to the State with
respect to that plan.
(3) Food delivery.--
(A) Reimbursement of retailers.--
(i) In general.--Notwithstanding any other
provision of law, a State agency shall
reimburse an authorized program retailer
described in paragraph (1)(C) for the cost of
food delivery to program participants described
in that paragraph if--
(I) the authorized program retailer
is eligible for reimbursement under
clause (ii); and
(II) the majority of the food items
delivered by the retailer are eligible
for redemption using benefits under the
program.
(ii) Eligibility.--An authorized program
retailer described in paragraph (1)(C) is
eligible for reimbursement for the cost of food
delivery to program participants described in
that paragraph if--
(I) that food delivery is performed
by employees of the retailer or
employees of an entity contracted by
the retailer to perform deliveries;
(II) before any employee described
in subclause (I) begins making that
food delivery, that employee receives
employer-provided health and safety
training that reflects the most recent
guidelines of the Centers for Disease
Control and Prevention and the
Occupational Safety and Health
Administration relating to worker
safety and health during the
Coronavirus Disease 2019 (COVID-19)
pandemic;
(III) the retailer remains neutral
in any union organizing effort that
occurs during the period in which
deliveries described in paragraph
(1)(C) are made; and
(IV) all employees described in
subclause (I) performing deliveries are
paid at a rate that is not less than
the greater of--
(aa) the minimum wage rate
established under section
6(a)(1) of the Fair Labor
Standards Act of 1938 (29
U.S.C. 206(a)(1)); and
(bb) the minimum wage rate
established by the applicable
State or locality in which the
employee works.
(iii) Covered costs.--
(I) In general.--Reimbursable costs
under clause (i) include costs
associated with--
(aa) purchasing point-of-
sale devices or receiving
technical assistance relating
to point-of-sale devices; and
(bb) purchasing or
reimbursing employees for
personal protective equipment
used during food delivery.
(II) PPE costs.--An authorized
program retailer shall use not more
than 10 percent of amounts received
under clause (i) to pay for the costs
described in subclause (I)(bb).
(iv) Maximum reimbursement per delivery.--
The maximum amount of reimbursement under
clause (i) for a food delivery fee shall be $10
per delivery.
(B) Funding.--
(i) In general.--There is appropriated to
the Secretary, out of funds of the Treasury not
otherwise appropriated, $500,000,000 to cover
the cost of food delivery described in
paragraph (1)(C), to be distributed among the
States to fund reimbursements by States under
subparagraph (A)(i).
(ii) Emergency requirement.--The amount
made available under clause (i) is designated
by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
(iii) Authorization of appropriations.--In
addition to the amount appropriated under
clause (i), there are authorized to be
appropriated to the Secretary such sums as are
necessary to cover the cost of food delivery
under paragraph (1)(C).
(4) Termination of authority.--
(A) In general.--The authority of the Secretary to
carry out paragraphs (1) through (3) with respect to
each State shall terminate on the later of--
(i) the date on which the national
emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus Disease
2019 (COVID-19) is terminated; and
(ii) the date on which the State emergency
declared in that State with respect to the
Coronavirus Disease 2019 (COVID-19) is
terminated.
(B) Return of funds.--The Secretary shall return to
the Treasury any funds appropriated under paragraph
(3)(B)(i) that have not been used or obligated by the
date described in subparagraph (A).
(5) Report.--Not later than 3 months after the date on
which the authority of the Secretary is terminated under
paragraph (4), the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report that describes--
(A) the use of that authority to address food
security needs of affected populations during the
national emergency described in subparagraph (A)(i) of
that paragraph;
(B) the authorized program retailers that were
reimbursed under paragraph (3)(A);
(C) any complications or difficulties experienced
by States in administering reimbursements under
paragraph (3)(A); and
(D) recommendations for changes to the authority of
the Secretary under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.) to assist the Secretary,
States, and units of local government to prepare plans
for food delivery to program recipients in future
health emergencies.
Subtitle H--Safe Line Speeds in COVID-19
SEC. 30801. SHORT TITLE.
This subtitle may be cited as the ``Safe Line Speeds in COVID-19
Act''.
SEC. 30802. SUSPENDING AUTHORITY TO INCREASE LINE SPEEDS AT MEAT AND
POULTRY ESTABLISHMENTS.
(a) In General.--The Secretary of Agriculture, acting through the
Administrator of the Food Safety and Inspection Service, for the
duration of the COVID-19 emergency period, shall--
(1) suspend any waivers related to line speeds in covered
establishments and inspection staffing requirements for covered
establishments issued before the date of the enactment of this
Act, and not issue any new waivers to such establishments,
including under sections 303.1(h) and 381.3(b) of title 9, Code
of Federal Regulations (or successor regulations); and
(2) suspend implementation of, and conversion to, the New
Swine Slaughter Inspection System as described in the final
rule entitled ``Modernization of Swine Slaughter Inspection''
issued by the Department of Agriculture in the Federal Register
on October 1, 2019 (84 Fed. Reg. 52300 et seq.).
(b) Limitation on Authority With Respect to Line Speeds.--None of
the funds made available to the Department of Agriculture during the
COVID-19 emergency period shall be used to develop, propose, finalize,
issue, amend, or implement any policy, regulation, directive,
constituent update, or any other agency program that would increase
line speeds at covered establishments.
(c) Effect on State Law.--The provisions of this section are in
addition to, and not in lieu of, any other laws protecting worker
safety and animal welfare. This section shall not be construed to
preempt or limit any law or regulation of a State or a political
subdivision of a State containing requirements that are more protective
of worker safety or animal welfare than the requirements of this
section, or which create penalties for conduct regulated by this
section.
(d) GAO Report.--Upon termination of the COVID-19 emergency period,
the Comptroller General of the United States shall conduct a review of
actions taken by the Secretary of Agriculture, the Secretary of Labor,
and the Secretary of Health and Human Services in response to the
COVID-19 pandemic to determine the effectiveness of such actions in
protecting animal, food, and worker safety. Such review shall include
an analysis of, with respect to covered establishments--
(1) all policies and regulations relating to inspections of
such establishments implemented by the Secretary of
Agriculture, the Secretary of Labor, and the Secretary of
Health and Human Services relating to COVID-19;
(2) the pandemic emergency preparedness plans of such
establishments;
(3) the extent to which such facilities have implemented
guidance and recommendations to space workers six feet apart on
production lines, break rooms, locker rooms, and all other
workspaces;
(4) the quantity and usage of personal protective equipment
by workers at such establishments;
(5) any guidance provided to inspectors of such
establishments by the Secretary of Agriculture, Secretary of
Labor, and the Secretary of Health and Human Services during
the COVID-19 emergency period;
(6) actions taken by the Secretary of Agriculture, the
Secretary of Labor, and the Secretary of Health and Human
Services to protect animals, food, and workers at covered
establishments with reported cases of COVID-19;
(7) all humane handling reports issued, and enforcement
actions taken, by the Department of Agriculture in accordance
with the Humane Methods of Slaughter Act (7 U.S.C. 1901 et
seq.) and the good commercial practices regulations under the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) during
the COVID-19 emergency period;
(8) the impact of faster line speeds on the ability of such
establishments to maintain protections for employees; and
(9) any interference by any other Federal agency with
reviews of any such establishments experiencing outbreaks of
COVID-19 conducted by personnel of the Centers for Disease
Control and Prevention.
(e) Reports to Congress.--Not later than December 31, 2021, the
Secretary of Agriculture, the Secretary of Labor, and the Secretary of
Health and Human Services shall each submit to the Committee on
Agriculture and the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the actions taken by the Secretary of
Agriculture, the Secretary of Labor, and the Secretary of Health and
Human Services, respectively, in response to the COVID-19 pandemic to
protect animal, food, and worker safety. Each such report shall include
the respective Secretary's analysis of, with respect to facilities
operated by covered processors, the matters specified in each (as
applicable) of paragraphs (1) through (8) of subsection (d).
(f) Definitions.--In this section:
(1) The term ``covered establishment'' means an official
meat or poultry establishment that is subject to inspection
under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)
or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
(2) The term ``COVID-19 emergency period'' means--
(A) the emergency period, as defined in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)); and
(B) the 90-day period that follows the end of such
emergency period.
Subtitle I--Increasing Access to Snap Delivery During COVID-19
SEC. 30901. SHORT TITLE.
This subtitle may be cited as the ``Increasing Access to SNAP
Delivery During COVID-19 Act of 2020''.
SEC. 30902. FOOD DELIVERY UNDER SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
(a) Definitions.--In this section:
(1) Employee.--The term ``employee'' has the meaning given
the term in section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203).
(2) Program.--The term ``program'' means the supplemental
nutrition assistance program established under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Program Modifications.--
(1) In general.--In carrying out the program, the Secretary
shall--
(A) notify authorized program retailers of existing
opportunities through which retailers can deliver food
to program participants, including by--
(i) allowing an EBT card (as defined in
section 3 of the Food and Nutrition Act of 2008
(7 U.S.C. 2012)) to be swiped on delivery of
food to the home (with a mobile device); and
(ii) preparing food for pick-up;
(B) authorize public-private partnerships between
the Department of Agriculture, authorized program
retailers, and community-based organizations to support
food delivery, including through the use of private
funds;
(C) in the case of an authorized program retailer
that is unable to cover the cost of food delivery for
program participants, use funds made available under
paragraph (3)(B) to support food delivery for program
participants who are seniors, immunocompromised
individuals, or other individuals who are unable to
travel safely to an authorized program retailer, in
accordance with paragraph (3)(A); and
(D) require each State to submit to the Secretary a
State plan that describes how the State will--
(i) work with authorized program retailers
and other community-based partners to establish
a process for food delivery for program
participants;
(ii) administer the reimbursements
described in paragraph (3)(A)(i), including
timing, eligibility, and distribution
processes; and
(iii) ensure that authorized program
retailers that are reimbursed for delivery
costs under paragraph (3)(A)(i) adhere to the
requirements described in paragraph (3)(A)(ii).
(2) State plans.--Not later than 10 days after the date on
which the Secretary receives a State plan under paragraph
(1)(D), the Secretary shall--
(A) approve or deny the State plan; and
(B) make publicly available on the website of the
Department of Agriculture--
(i) the State plan;
(ii) the determination made under
subparagraph (A) with respect to that plan; and
(iii) any guidance issued to the State with
respect to that plan.
(3) Food delivery.--
(A) Reimbursement of retailers.--
(i) In general.--Notwithstanding any other
provision of law, a State agency shall
reimburse an authorized program retailer
described in paragraph (1)(C) for the cost of
food delivery to program participants described
in that paragraph if--
(I) the authorized program retailer
is eligible for reimbursement under
clause (ii); and
(II) the majority of the food items
delivered by the retailer are eligible
for redemption using benefits under the
program.
(ii) Eligibility.--An authorized program
retailer described in paragraph (1)(C) is
eligible for reimbursement for the cost of food
delivery to program participants described in
that paragraph if--
(I) that food delivery is performed
by employees of the retailer or
employees of an entity contracted by
the retailer to perform deliveries;
(II) before any employee described
in subclause (I) begins making that
food delivery, that employee receives
employer-provided health and safety
training that reflects the most recent
guidelines of the Centers for Disease
Control and Prevention and the
Occupational Safety and Health
Administration relating to worker
safety and health during the
Coronavirus Disease 2019 (COVID-19)
pandemic;
(III) the retailer remains neutral
in any union organizing effort that
occurs during the period in which
deliveries described in paragraph
(1)(C) are made; and
(IV) all employees described in
subclause (I) performing deliveries are
paid at a rate that is not less than
the greater of--
(aa) the minimum wage rate
established under section
6(a)(1) of the Fair Labor
Standards Act of 1938 (29
U.S.C. 206(a)(1)); and
(bb) the minimum wage rate
established by the applicable
State or locality in which the
employee works.
(iii) Covered costs.--
(I) In general.--Reimbursable costs
under clause (i) include costs
associated with--
(aa) purchasing point-of-
sale devices or receiving
technical assistance relating
to point-of-sale devices; and
(bb) purchasing or
reimbursing employees for
personal protective equipment
used during food delivery.
(II) PPE costs.--An authorized
program retailer shall use not more
than 10 percent of amounts received
under clause (i) to pay for the costs
described in subclause (I)(bb).
(iv) Maximum reimbursement per delivery.--
The maximum amount of reimbursement under
clause (i) for a food delivery fee shall be $10
per delivery.
(B) Funding.--
(i) In general.--There is appropriated to
the Secretary, out of funds of the Treasury not
otherwise appropriated, $500,000,000 to cover
the cost of food delivery described in
paragraph (1)(C), to be distributed among the
States to fund reimbursements by States under
subparagraph (A)(i).
(ii) Emergency requirement.--The amount
made available under clause (i) is designated
by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
(iii) Authorization of appropriations.--In
addition to the amount appropriated under
clause (i), there are authorized to be
appropriated to the Secretary such sums as are
necessary to cover the cost of food delivery
under paragraph (1)(C).
(4) Termination of authority.--
(A) In general.--The authority of the Secretary to
carry out paragraphs (1) through (3) with respect to
each State shall terminate on the later of--
(i) the date on which the national
emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus Disease
2019 (COVID-19) is terminated; and
(ii) the date on which the State emergency
declared in that State with respect to the
Coronavirus Disease 2019 (COVID-19) is
terminated.
(B) Return of funds.--The Secretary shall return to
the Treasury any funds appropriated under paragraph
(3)(B)(i) that have not been used or obligated by the
date described in subparagraph (A).
(5) Report.--Not later than 3 months after the date on
which the authority of the Secretary is terminated under
paragraph (4), the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives a
report that describes--
(A) the use of that authority to address food
security needs of affected populations during the
national emergency described in subparagraph (A)(i) of
that paragraph;
(B) the authorized program retailers that were
reimbursed under paragraph (3)(A);
(C) any complications or difficulties experienced
by States in administering reimbursements under
paragraph (3)(A); and
(D) recommendations for changes to the authority of
the Secretary under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.) to assist the Secretary,
States, and units of local government to prepare plans
for food delivery to program recipients in future
health emergencies.
Subtitle J--Safe Line Speeds in COVID-19
SEC. 31001. SHORT TITLE.
This subtitle may be cited as the ``Safe Line Speeds in COVID-19
Act''.
SEC. 31002. SUSPENDING AUTHORITY TO INCREASE LINE SPEEDS AT MEAT AND
POULTRY ESTABLISHMENTS.
(a) In General.--The Secretary of Agriculture, acting through the
Administrator of the Food Safety and Inspection Service, for the
duration of the COVID-19 emergency period, shall--
(1) suspend any waivers related to line speeds in covered
establishments and inspection staffing requirements for covered
establishments issued before the date of the enactment of this
Act, and not issue any new waivers to such establishments,
including under sections 303.1(h) and 381.3(b) of title 9, Code
of Federal Regulations (or successor regulations); and
(2) suspend implementation of, and conversion to, the New
Swine Slaughter Inspection System as described in the final
rule entitled ``Modernization of Swine Slaughter Inspection''
issued by the Department of Agriculture in the Federal Register
on October 1, 2019 (84 Fed. Reg. 52300 et seq.).
(b) Limitation on Authority With Respect to Line Speeds.--None of
the funds made available to the Department of Agriculture during the
COVID-19 emergency period shall be used to develop, propose, finalize,
issue, amend, or implement any policy, regulation, directive,
constituent update, or any other agency program that would increase
line speeds at covered establishments.
(c) Effect on State Law.--The provisions of this section are in
addition to, and not in lieu of, any other laws protecting worker
safety and animal welfare. This section shall not be construed to
preempt or limit any law or regulation of a State or a political
subdivision of a State containing requirements that are more protective
of worker safety or animal welfare than the requirements of this
section, or which create penalties for conduct regulated by this
section.
(d) GAO Report.--Upon termination of the COVID-19 emergency period,
the Comptroller General of the United States shall conduct a review of
actions taken by the Secretary of Agriculture, the Secretary of Labor,
and the Secretary of Health and Human Services in response to the
COVID-19 pandemic to determine the effectiveness of such actions in
protecting animal, food, and worker safety. Such review shall include
an analysis of, with respect to covered establishments--
(1) all policies and regulations relating to inspections of
such establishments implemented by the Secretary of
Agriculture, the Secretary of Labor, and the Secretary of
Health and Human Services relating to COVID-19;
(2) the pandemic emergency preparedness plans of such
establishments;
(3) the extent to which such facilities have implemented
guidance and recommendations to space workers six feet apart on
production lines, break rooms, locker rooms, and all other
workspaces;
(4) the quantity and usage of personal protective equipment
by workers at such establishments;
(5) any guidance provided to inspectors of such
establishments by the Secretary of Agriculture, Secretary of
Labor, and the Secretary of Health and Human Services during
the COVID-19 emergency period;
(6) actions taken by the Secretary of Agriculture, the
Secretary of Labor, and the Secretary of Health and Human
Services to protect animals, food, and workers at covered
establishments with reported cases of COVID-19;
(7) all humane handling reports issued, and enforcement
actions taken, by the Department of Agriculture in accordance
with the Humane Methods of Slaughter Act (7 U.S.C. 1901 et
seq.) and the good commercial practices regulations under the
Poultry Products Inspection Act (21 U.S.C. 451 et seq.) during
the COVID-19 emergency period;
(8) the impact of faster line speeds on the ability of such
establishments to maintain protections for employees; and
(9) any interference by any other Federal agency with
reviews of any such establishments experiencing outbreaks of
COVID-19 conducted by personnel of the Centers for Disease
Control and Prevention.
(e) Reports to Congress.--Not later than December 31, 2022, the
Secretary of Agriculture, the Secretary of Labor, and the Secretary of
Health and Human Services shall each submit to the Committee on
Agriculture and the Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report on the actions taken by the Secretary of
Agriculture, the Secretary of Labor, and the Secretary of Health and
Human Services, respectively, in response to the COVID-19 pandemic to
protect animal, food, and worker safety. Each such report shall include
the respective Secretary's analysis of, with respect to facilities
operated by covered processors, the matters specified in each (as
applicable) of paragraphs (1) through (8) of subsection (d).
(f) Definitions.--In this section:
(1) The term ``covered establishment'' means an official
meat or poultry establishment that is subject to inspection
under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.)
or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.).
(2) The term ``COVID-19 emergency period'' means--
(A) the emergency period, as defined in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b-5(g)(1)(B)); and
(B) the 90-day period that follows the end of such
emergency period.
Subtitle K--Emergency Snap Flexibilities Extension
SEC. 31101. SHORT TITLE.
This subtitle may be cited as the ``Emergency SNAP Flexibilities
Extension Act''.
SEC. 31102. EXTENSION OF EXISTING SNAP FLEXIBILITIES FOR COVID-19.
(a) State Options.--
(1) A State agency (as defined in section 3(s) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2012(s))) shall have the
option--
(A) to extend certification periods under section
3(f) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(f)) for not more than 6 months and adjust periodic
report requirements under section 6(c)(1)(D)(i) of the
Food and Nutrition Act of 2008 (7 U.S.C.
2015(c)(1)(D)(i)) for some or all participating
households with certification periods set to expire or
periodic reports due on or before June 30, 2023,
consistent with the extensions and adjustments provided
in the Food and Nutrition Service's April 22, 2020,
blanket approval for extending certification and
adjusting periodic reports, unless otherwise provided
in this paragraph;
(B) to allow household reporting requirements under
section 273.12(a)(5)(iii) of title 7 of the Code of
Federal Regulations to satisfy the recertification
requirements under section 273.14 of title 7 of the
Code of Federal Regulations for some or all
participating households with recertification periods
set to expire on or before December 31, 2023; and
(C) to adjust the interview requirements under
sections 273.2 and 273.14(b) of title 7 of the Code of
Federal Regulations for some or all household
applications or recertifications through June 30, 2023,
consistent with the adjustments provided in the Food
and Nutrition Service's March 26, 2020, blanket
approval for adjusting interview requirements, unless
otherwise provided in this paragraph.
(2) Not later than 5 days after exercising an option under
paragraph (1), a State agency shall notify the Secretary of
Agriculture in writing of the option exercised, the categories
of households affected by the option, and the duration of such
option.
(b) Adjustment.--The Secretary of Agriculture shall allow a State
agency to suspend the requirements under sections 275.11(b)(1) and (2),
275.12, and 275.13 of title 7 of the Code of Federal Regulations from
June 1, 2023, through June 30, 2024, consistent with the waivers
provided in the Food and Nutrition Service's April 30, 2020, blanket
approval for waiver of quality control reviews, unless otherwise
provided in this subsection.
(c) Report.--Section 2302 of the Families First Coronavirus
Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is amended by
striking subsection (c) and inserting the following:
``(c) Report.--Not later than June 30, 2024, the Secretary of
Agriculture shall submit, to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report containing the following information:
``(1) A description of any information or data supporting
State agency requests under this section and any additional
measures that State agencies requested that were not approved
by the Secretary of Agriculture.
``(2) An evaluation of the use of all waivers, adjustments,
and other flexibilities in the operation of the supplemental
nutrition assistance program (as defined in section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012)), in effect
under this Act, the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), or any other Act, to respond to the COVID-19
public health emergency.
``(3) A recommendation of any additional waivers or
flexibilities needed in the operation of the supplemental
nutrition assistance program to respond to public health
emergencies with pandemic potential.''.
Subtitle L--Nursing Facility Quality Reporting
SEC. 31201. SHORT TITLE.
This subtitle may be cited as the ``Nursing Facility Quality
Reporting Act of 2020''.
SEC. 31202. REQUIRING LONG TERM CARE FACILITIES TO REPORT CERTAIN
INFORMATION RELATING TO COVID-19 CASES AND DEATHS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall, as soon as
practicable, require that the information described in paragraph (1) of
section 483.80(g) of title 42, Code of Federal Regulations, or a
successor regulation, be reported by a facility (as defined for
purposes of such section).
(b) Demographic Information.--The Secretary shall post the
following information with respect to skilled nursing facilities (as
defined in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-
3(a))) and nursing facilities (as defined in section 1919(a) of such
Act (42 U.S.C. 1396r(a))) on the Nursing Home Compare website (as
described in section 1819(i) of the Social Security Act (42 U.S.C.
1395i-3(i))), or a successor website, aggregated by State:
(1) The age, race/ethnicity, and preferred language of the
residents of such skilled nursing facilities and nursing
facilities with suspected or confirmed COVID-19 infections,
including residents previously treated for COVID-19.
(2) The age, race/ethnicity, and preferred language
relating to total deaths and COVID-19 deaths among residents of
such skilled nursing facilities and nursing facilities.
(c) Confidentiality.--Any information reported under this section
that is made available to the public shall be made so available in a
manner that protects the identity of residents of skilled nursing
facilities and nursing facilities.
(d) Implementation.--The Secretary may implement the provisions of
this section be program instruction or otherwise.
Subtitle M--Care for COVID-19
SEC. 31301. SHORT TITLE.
This subtitle may be cited as the ``Care for COVID-19 Act''.
SEC. 31302. COVERAGE OF SERVICES RELATED TO COVID-19.
(a) In General.--Title XXVII of the Public Health Service Act is
amended by inserting after section 2719A (42 U.S.C. 300gg-19a) the
following:
``SEC. 2720. COVERAGE OF SERVICES RELATED TO COVID-19.
``A group health plan, and a health insurance issuer offering group
or individual health insurance coverage, shall provide coverage for and
shall not impose any cost-sharing requirements for outpatient and
inpatient services related to the diagnosis, care, and treatment of
COVID-19, including--
``(1) diagnostic services related to COVID-19;
``(2) supportive care for COVID-19;
``(3) vaccines for the prevention of COVID-19;
``(4) treatment services, including prescription drugs and
medical devices, for the treatment of COVID-19 and of
complications related to COVID-19;
``(5) inpatient and outpatient physician and hospital
services related to COVID-19; and
``(6) any other service the Secretary determines
appropriate.''.
(b) Application.--The amendment made by subsection (a) shall apply
with respect to plan years beginning on or after January 1, 2022.
SEC. 31303. SPECIAL ENROLLMENT PERIOD.
(a) Public Health Service Act.--Section 2702(b)(2) of the Public
Health Service Act (42 U.S.C. 300gg-1(b)(2)) is amended by inserting
``, including a special enrollment period for individuals who are
diagnosed with or have a presumptive positive diagnosis of COVID-19,
beginning on the date on which the diagnosis or presumptive positive
diagnosis is reported to the health insurance issuer'' before the
period at the end.
(b) Patient Protection and Affordable Care Act.--Section 1311(c)(6)
of the Patient Protection and Affordable Care Act (42 U.S.C.
18031(c)(6)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) a special enrollment period for individuals
who are diagnosed with or have a presumptive positive
diagnosis of COVID-19, beginning on the date on which
the diagnosis or presumptive positive diagnosis is
reported to the Exchange; and''.
(c) Special Enrollment Periods.--Section 9801(f) of the Internal
Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the
end the following new paragraph:
``(4) For individuals who are diagnosed with or have a
presumptive positive diagnosis of covid-19.--
``(A) In general.--A group health plan shall permit
an employee who is eligible, but not enrolled, for
coverage under the terms of the plan (or a dependent of
such an employee if the dependent is eligible, but not
enrolled, for coverage under such terms) to enroll for
coverage under the terms of the plan upon a diagnosis
or a presumptive positive diagnosis of COVID-19, with
the special enrollment period beginning on the date on
which the diagnosis or presumptive positive diagnosis
is reported to the group health plan.
``(B) Enrollment period.--The Secretary shall
promulgate regulations with respect to the special
enrollment period under subparagraph (A), including
establishing a time period for individuals who are
diagnosed with or have a presumptive positive diagnosis
of COVID-19 to enroll in coverage or change coverage,
and effective date of such coverage.''.
(d) Erisa.--Section 701(f) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the
end the following:
``(4) For individuals who are diagnosed with or have a
presumptive positive diagnosis of covid-19.--
``(A) In general.--A group health plan or health
insurance issuer in connection with a group health plan
shall permit an employee who is eligible, but not
enrolled, for coverage under the terms of the plan (or
a dependent of such an employee if the dependent is
eligible, but not enrolled, for coverage under such
terms) to enroll for coverage under the terms of the
plan upon a diagnosis or presumptive positive diagnosis
of COVID-19, with the special enrollment period
beginning on the date on which the diagnosis or
presumptive positive diagnosis is reported to the group
health plan or health insurance issuer or the diagnosis
or presumptive positive diagnosis is confirmed by a
health care provider.
``(B) Enrollment period.--The Secretary shall
promulgate regulations with respect to the special
enrollment period under subparagraph (A), including
establishing a time period for individuals who are
diagnosed with or have a presumptive positive diagnosis
of COVID-19 to enroll in coverage and effective date of
such coverage.''.
Subtitle N--Community Solutions for COVID-19
SEC. 31401. SHORT TITLE.
This subtitle may be cited as the ``Community Solutions for COVID-
19 Act''.
SEC. 31402. ADDRESSING COVID-19 HEALTH INEQUITIES AND IMPROVING HEALTH
EQUITY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary''), acting through the Director of the
Centers for Disease Control and Prevention, shall award grants to
eligible entities to establish or expand programs to improve health
equity regarding COVID-19 and reduce or eliminate inequities, including
racial and ethnic inequities, in the incidence, prevalence, and health
outcomes of COVID-19.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a nongovernmental entity or consortium of entities
that works to improve health and health equity in populations
or communities disproportionately affected by adverse health
outcomes, including--
(A) racial and ethnic minority communities;
(B) Indian Tribes, Tribal organizations, and urban
Indian organizations;
(C) people with disabilities;
(D) English language learners;
(E) older adults;
(F) low-income communities;
(G) justice-involved communities;
(H) immigrant communities; and
(I) communities on the basis of their sexual
orientation or gender identity;
(2) have demonstrated experience in successfully working in
and partnering with such communities, and have an established
record of accomplishment in improving health outcomes or
preventing, reducing or eliminating health inequities,
including racial and ethnic inequities, in those communities;
(3) communicate with State, local, and Tribal health
departments to coordinate grant activities, as appropriate; and
(4) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Use of Funds.--An entity shall use amounts received under grant
under this section to establish, improve upon, or expand programs to
improve health equity regarding COVID-19 and reduce or eliminate
inequities, including racial and ethnic inequities, in the incidence,
prevalence, and health outcomes of COVID-19. Such uses may include--
(1) acquiring and distributing medical supplies, such as
personal protective equipment, to communities that are at an
increased risk of COVID-19;
(2) helping people enroll in a health insurance plan that
meets minimum essential coverage;
(3) increasing the availability of COVID-19 testing and any
future COVID-19 treatments or vaccines in communities that are
at an increased risk of COVID-19;
(4) aiding communities and individuals in following
guidelines and best practices in regards to COVID-19, including
physical distancing guidelines;
(5) helping communities and COVID-19 survivors recover and
cope with the long-term health impacts of COVID-19;
(6) addressing social determinants of health, such as
transportation, nutrition, housing, discrimination, health care
access, including mental health care and substance use disorder
prevention, treatment, and recovery, health literacy,
employment status, and working conditions, education, income,
and stress, that impact COVID-19 incidence, prevalence, and
health outcomes, and facilitating or providing access to needed
services;
(7) the provision of anti-racism and implicit and explicit
bias training for health care providers and other relevant
professionals;
(8) creating and disseminating culturally informed,
linguistically appropriate, accessible, and medically accurate
outreach and education regarding COVID-19;
(9) acquiring, retaining, and training a diverse workforce;
and
(10) improving the accessibility to health care, including
accessibility to health care providers, mental health care, and
COVID-19 testing for people with disabilities.
(d) Administration.--
(1) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that are a
community-based organization or have an established history of
successfully working in and partnering with the community or
with populations which the entity intends to provide services
under the grant. The Secretary shall also utilize available
demographic data to give priority to eligible entities working
with populations or communities disproportionately affected by
COVID-19.
(2) Geographical diversity.--The Secretary shall seek to
ensure geographical diversity among grant recipients.
(3) Reduction of burdens.--In administering the grant
program under this section, the Secretary shall make every
effort to minimize unnecessary administrative burdens on
eligible entities receiving such grants.
(4) Technical assistance.--The Secretary shall provide
technical assistance to eligible entities on best practices for
applying grants under this section.
(e) Duration.--A grant awarded under this section shall be for a
period of 3 years.
(f) Reporting.--
(1) By grantee.--Not later than 180 days after the end of a
grant period under this section, the grantee shall submit to
the Secretary a report on the activities conducted under the
grant, including--
(A) a description of the impact of grant
activities, including on--
(i) outreach and education related to
COVID-19; and
(ii) improving public health activities
related to COVID-19, including physical
distancing;
(B) the number of individuals reached by the
activities under the grant and, to the extent known,
the disaggregated demographic data of such individuals,
such as by race, ethnicity, sex (including sexual
orientation and gender identity), income, disability
status, or primary language; and
(C) any other information the Secretary determines
is necessary.
(2) By secretary.--Not later than 1 year after the end of
the grant program under this section, the Secretary shall
submit to Congress a report on the grant program, including a
summary of the information gathered under paragraph (1).
(g) Supplement, Not Supplant.--Grants awarded under this Act shall
be used to supplement and not supplant any other Federal funds made
available to carry out the activities described in this Act.
(h) Funding.--Out of funds in the Treasury not otherwise
appropriated, there are appropriated to carry out this section,
$500,000,000 for each of fiscal years 2022 through 2024.
Subtitle O--Recharge and Empower Local Innovation and Entrepreneurs
Fund for Main Street
SEC. 31501. SHORT TITLE.
This subtitle may be cited as the ``Recharge and Empower Local
Innovation and Entrepreneurs Fund for Main Street Act'' or the ``RELIEF
for Main Street Act''.
SEC. 31502. SMALL BUSINESS LOCAL RELIEF PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Eligible entity.--The term ``eligible entity''--
(A) means a privately held business entity or
nonprofit organization that--
(i) employs--
(I) not more than 20 full-time
equivalent employees; or
(II) if the entity or organization
is located in a low-income community,
not more than 50 full-time equivalent
employees;
(ii) has experienced a loss of revenue as a
result of the COVID-19 pandemic, according to
criteria established by the Secretary; and
(iii) with respect to such an entity or
organization that receives assistance from a
small business emergency fund, satisfies
additional requirements, as determined by the
State, unit of general local government, Indian
Tribe, or other entity that has established the
small business emergency fund; and
(B) includes an individual who operates under a
sole proprietorship, an individual who operates as an
independent contractor, and an eligible self-employed
individual if such an individual has experienced a loss
of revenue as a result of the COVID-19 pandemic,
according to criteria established by the Secretary.
(3) Eligible self-employed individual.--The term ``eligible
self-employed individual'' has the meaning given the term in
section 7(a)(36)(A) of the Small Business Act (15 U.S.C.
636(a)(36)(A)).
(4) Entitlement community.--The term ``entitlement
community'' means a metropolitan city or urban county, as those
terms are defined in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302).
(5) Full-time equivalent employees.--
(A) In general.--The term ``full-time equivalent
employees'' means a number of employees equal to the
number determined by dividing--
(i) the total number of hours of service
for which wages were paid by the employer to
employees during the taxable year; by
(ii) 2,080.--
(B) Rounding.--The number determined under
subparagraph (A) shall be rounded to the next lowest
whole number if not otherwise a whole number.
(C) Excess hours not counted.--If an employee works
in excess of 2,080 hours of service during any taxable
year, such excess shall not be taken into account under
subparagraph (A).
(D) Hours of service.--The Secretary, in
consultation with the Secretary of Labor, shall
prescribe such regulations, rules, and guidance as may
be necessary to determine the hours of service of an
employee, including rules for the application of this
paragraph to employees who are not compensated on an
hourly basis.
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5302).
(7) Low-income community.--The term ``low-income
community'' has the meaning given the term in section 45D(e) of
the Internal Revenue Code of 1986.
(8) Minority.--The term ``minority'' has the meaning given
the term in section 1204(c)(3) of the Financial Institutions
Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811
note).
(9) Minority-owned entity.--The term ``minority-owned
entity'' means an entity--
(A) more than 50 percent of the ownership or
control of which is held by not less than 1 minority;
and
(B) more than 50 percent of the net profit or loss
of which accrues to not less than 1 minority.
(10) Nonentitlement area; state; unit of general local
government.--
(A) In general.--Except as provided in subparagraph
(B), the terms ``nonentitlement area'', ``State'', and
``unit of general local government'' have the meanings
given those terms in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302).
(B) State.--For purposes of subparagraphs (A)(ii)
and (B)(ii) of subsection (c)(1), the term ``State''
means any State of the United States.
(11) Program.--The term ``Program'' means the Small
Business Local Relief Program established under this section.
(12) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(13) Small business emergency fund.--The term ``small
business emergency fund'' means a fund or program--
(A) established by a State, a unit of general local
government, an Indian Tribe, or an entity designated by
a State, unit of general local government, or Indian
Tribe; and
(B) that provides or administers financing to
eligible entities in the form of grants, loans, or
other means in accordance with the needs of eligible
entities and the capacity of the fund or program.
(14) Women-owned entity.--The term ``women-owned entity''
means an entity--
(A) more than 50 percent of the ownership or
control of which is held by not less than 1 woman; and
(B) more than 50 percent of the net profit or loss
of which accrues to not less than 1 woman.
(b) Establishment.--There is established in the Department of the
Treasury the Small Business Local Relief Program, the purpose of which
is to allocate resources to States, units of general local government,
and Indian Tribes to provide assistance to eligible entities and
organizations that assist eligible entities.
(c) Funding.--
(1) Funding to states, localities, and indian tribes.--
(A) In general.--Of the amounts made available to
carry out the Program under subsection (h), the
Secretary shall allocate--
(i) $35,000,000,000 to States and units of
general local government in accordance with
subparagraph (B)(i);
(ii) $15,000,000,000 to States in
accordance with subparagraph (B)(ii); and
(iii) $500,000,000 to the Secretary of
Housing and Urban Development for allocations
to Indian Tribes in accordance with
subparagraph (B)(iii).
(B) Allocations.--
(i) Formula for states and units of general
local government.--Of the amount allocated
under subparagraph (A)(i)--
(I) 70 percent shall be allocated
to entitlement communities in
accordance with the formula under
section 106(b) of the Housing and
Community Development Act of 1974 (42
U.S.C. 5306(b)); and
(II) 30 percent shall be allocated
to States, for use in nonentitlement
areas, in accordance with the formula
under section 106(d)(1) of the Housing
and Community Development Act of 1974
(42 U.S.C. 5306(d)(1)).
(ii) Rural bonus formula for states.--The
Secretary shall allocate the amount allocated
under subparagraph (A)(ii) to States, for use
in nonentitlement areas, in accordance with the
formula under section 106(d)(1) of the Housing
and Community Development Act of 1974 (42
U.S.C. 5306(d)(1)).
(iii) Competitive awards to indian
tribes.--
(I) In general.--The Secretary of
Housing and Urban Development shall
allocate to Indian Tribes on a
competitive basis the amount allocated
under subparagraph (A)(iii).
(II) Requirements.--In making
allocations under subclause (I), the
Secretary of Housing and Urban
Development shall, to the greatest
extent practicable, ensure that each
Indian Tribe that satisfies
requirements established by the
Secretary of Housing and Urban
Development receives such an
allocation.
(C) State allocations for nonentitlement areas.--
(i) Equitable allocation.--To the greatest
extent practicable, a State shall allocate
amounts for nonentitlement areas under clauses
(i)(II) and (ii) of subparagraph (B) on an
equitable basis.
(ii) Distribution of amounts.--
(I) Discretion.--Not later than 14
days after the date on which a State
receives amounts for use in a
nonentitlement area under clause
(i)(II) or (ii) of subparagraph (B),
the State shall--
(aa) distribute the
amounts, or a portion thereof,
to a unit of general local
government located in the
nonentitlement area, or an
entity designated thereby, that
has established or will
establish a small business
emergency fund, for use under
paragraph (2); or
(bb) elect to reserve the
amounts, or a portion thereof,
for use by the State under
paragraph (2) for the benefit
of eligible entities located in
the nonentitlement area.
(II) Sense of congress.--It is the
sense of Congress that, in distributing
amounts under subclause (I), in the
case of amounts allocated for a
nonentitlement area in which a unit of
general local government or an entity
designated thereby has established a
small business emergency fund, a State
should, as quickly as is practicable,
distribute amounts to that unit of
general local government or entity,
respectively, as described in item (aa)
of that subclause.
(iii) Treatment of states not acting as
pass-through agents under cdbg.--The Secretary
shall allocate amounts to a State under this
paragraph without regard to whether the State
has elected to distribute amounts allocated
under section 106(d)(1) of the Housing and
Community Development Act of 1974 (42 U.S.C.
5306(d)(1)).
(2) Use of funds.--
(A) In general.--A State, unit of general local
government, entity designated by a unit of general
local government, or Indian Tribe that receives an
allocation under paragraph (1), whether directly or
indirectly, may use that allocation--
(i) to provide funding to a small business
emergency fund established by that State (or
entity designated thereby), that unit of
general local government (or entity designated
thereby), that entity designated by a unit of
general local government, or that Indian Tribe
(or entity designated thereby), respectively;
(ii) to provide funding to support
organizations that provide technical assistance
to eligible entities; or
(iii) subject to subparagraph (B), to pay
for administrative costs incurred by that State
(or entity designated thereby), that unit of
general local government (or entity designated
thereby), that entity designated by a unit of
general local government, or that Indian Tribe
(or entity designated thereby), respectively,
in establishing and administering a small
business emergency fund.
(B) Limitation.--A State, unit of general local
government, entity designated by a unit of general
local government, or Indian Tribe may not use more than
3 percent of an allocation received under paragraph (1)
for a purpose described in subparagraph (A)(iii) of
this paragraph.
(C) Obligation deadlines.--
(i) States.--Of the amounts that a State
elects under paragraph (1)(C)(ii)(I)(bb) to
reserve for use by the State under this
paragraph--
(I) any amounts that the State
provides to a small business emergency
fund under subparagraph (A)(i) of this
paragraph shall be obligated by the
small business emergency fund for
expenditure not later than 74 days
after the date on which the State
received the amounts from the Secretary
under clause (i) or (ii) of paragraph
(1)(A); and
(II) any amounts that the State
chooses to provide to an organization
under subparagraph (A)(ii) of this
paragraph, or to use to pay for
administrative costs under subparagraph
(A)(iii) of this paragraph, shall be
obligated by the State for expenditure
not later than 74 days after the date
on which the State received the amounts
from the Secretary under clause (i) or
(ii) of paragraph (1)(A).
(ii) Entitlement communities.--Of the
amounts that an entitlement community receives
from the Secretary under paragraph
(1)(B)(i)(I)--
(I) any amounts that the
entitlement community provides to a
small business emergency fund under
subparagraph (A)(i) of this paragraph
shall be obligated by the small
business emergency fund for expenditure
not later than 74 days after the date
on which the entitlement community
received the amounts; and
(II) any amounts that the
entitlement community chooses to
provide to an organization under
subparagraph (A)(ii) of this paragraph,
or to use to pay for administrative
costs under subparagraph (A)(iii) of
this paragraph, shall be obligated by
the entitlement community for
expenditure not later than 74 days
after the date on which the entitlement
community received the amounts.
(iii) Nonentitlement communities.--Of the
amounts that a unit of general local
government, or an entity designated thereby,
located in a nonentitlement area receives from
a State under paragraph (1)(C)(ii)(I)(aa)--
(I) any amounts that the unit of
general local government or entity
provides to a small business emergency
fund under subparagraph (A)(i) of this
paragraph shall be obligated by the
small business emergency fund for
expenditure not later than 60 days
after the date on which the unit of
general local government or entity
received the amounts; and
(II) any amounts that the unit of
general local government or entity
chooses to provide to a support
organization under subparagraph (A)(ii)
of this paragraph or to use to pay for
administrative costs under subparagraph
(A)(iii) of this paragraph shall be
obligated by the unit of general local
government or entity for expenditure
not later than 60 days after the date
on which the unit of general local
government or entity received the
amounts.
(D) Recovery of unobligated funds.--If a State,
entitlement community, other unit of general local
government, entity designated by a unit of general
local government, or small business emergency fund
fails to obligate amounts by the applicable deadline
under subparagraph (C), the Secretary shall recover the
amount of those amounts that remain unobligated, as of
that deadline.
(E) Collaboration.--It is the sense of Congress
that--
(i) an entitlement community that receives
amounts allocated under paragraph (1)(B)(i)(I)
should collaborate with the applicable local
entity responsible for economic development and
small business development in establishing and
administering a small business emergency fund;
and
(ii) States, units of general local
government (including units of general local
government located inside and outside
nonentitlement areas), and Indian Tribes that
receive amounts under paragraph (1) and are
located in the same region should collaborate
in establishing and administering small
business emergency funds.
(d) Small Business Emergency Funds.--With respect to a small
business emergency fund that receives funds from an allocation made
under subsection (c)--
(1) if the small business emergency fund makes a loan to an
eligible entity with those funds, the small business emergency
fund may use amounts returned to the small business emergency
fund from the repayment of the loan to provide further
assistance to eligible entities, without regard to the
termination date described in subsection (i); and
(2) the small business emergency fund shall conduct
outreach to eligible entities that are less likely to
participate in programs established under the CARES Act (Public
Law 116-136; 134 Stat. 281) and the amendments made by that
Act, including minority-owned entities, businesses in low-
income communities, businesses in rural and Tribal areas, and
other businesses that are underserved by the traditional
banking system.
(e) Information Gathering.--
(1) In general.--When providing assistance to an eligible
entity with funds received from an allocation made under
subsection (c), the entity providing assistance shall--
(A) inquire whether the eligible entity is--
(i) in the case of an eligible entity that
is a business entity or a nonprofit
organization, a women-owned entity or a
minority-owned entity; and
(ii) in the case of an eligible entity who
is an individual, a woman or a minority; and
(B) maintain a record of the responses to each
inquiry conducted under subparagraph (A), which the
entity shall promptly submit to the applicable State,
unit of general local government, or Indian Tribe.
(2) Right to refuse.--An eligible entity may refuse to
provide any information requested under paragraph (1)(A).
(f) Reporting.--
(1) In general.--Not later than 30 days after the date on
which a State, unit of general local government, or Indian
Tribe initially receives an allocation made under subsection
(c), and not later than 14 days after the date on which that
State, unit of local government, or Indian Tribe completes the
full expenditure of that allocation, that State, unit of
general local government, or Indian Tribe shall submit to the
Secretary a report that includes--
(A) the number of recipients of assistance made
available from the allocation;
(B) the total amount, and type, of assistance made
available from the allocation;
(C) to the extent applicable, with respect to each
recipient described in subparagraph (A), information
regarding the industry of the recipient, the amount of
assistance received by the recipient, the annual sales
of the recipient, and the number of employees of the
recipient;
(D) to the extent available from information
collected under subsection (e), information regarding
the number of recipients described in subparagraph (A)
that are minority-owned entities, minorities, women,
and women-owned entities;
(E) the zip code of each recipient described in
subparagraph (A); and
(F) any other information that the Secretary, in
the sole discretion of the Secretary, determines to be
necessary to carry out the Program.
(2) Public availability.--As soon as is practicable after
receiving each report submitted under paragraph (1), the
Secretary shall make the information contained in the report,
including all of the information described in subparagraphs (A)
through (F) of that paragraph, publicly available.
(g) Rules and Guidance.--The Secretary, in consultation with the
Administrator, shall issue any rules and guidance that are necessary to
carry out the Program, including by establishing appropriate compliance
and reporting requirements, in addition to the reporting requirements
under subsection (f).
(h) Appropriation.--There are appropriated to the Secretary for
fiscal year 2020, out of amounts in the Treasury not otherwise
appropriated, $50,500,000,000 to carry out the Program, which shall
remain available until the termination date described in subsection
(i).
(i) Termination.--The Program, and any rules and guidance issued
under subsection (g) with respect to the Program, shall terminate on
the date that is 1 year after the date of enactment of this Act.
Subtitle P--COVID Community Care
SEC. 31601. SHORT TITLE.
This subtitle may be cited as the ``COVID Community Care Act''.
PART 1--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $8,000,000,000, to remain available until September
30, 2024, for the implementation of the comprehensive program to
prevent and respond to COVID-19 in medically underserved communities,
as authorized by section 31601: Provided, That of such amounts,
$60,000,000 shall be transferred to ``General Departmental Management''
and made available to the ``Office of Minority Health'' for the
implementation of such program: Provided further, That the amounts made
available (including amounts transferred) under this heading shall be
in addition to amounts otherwise available for such purposes: Provided
further, That such amounts are designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Indian Health Service
indian health services
For an additional amount for ``Indian Health Services'',
$400,000,000, to remain available until September 30, 2024, for the
implementation of a comprehensive program to prevent and respond to
COVID-19 through programs and services administered by the Indian
Health Service and Indian Tribes, Tribal organizations, and Urban
Indian organizations pursuant to a contract or compact under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5301 et
seq.) or the Indian Health Care Improvement Act (25 U.S.C. 1601 et
seq.), as authorized by section 31602 of this subtitle: Provided, That
such amounts shall be in addition to amounts otherwise available for
such purposes: Provided further, That such funds shall be allocated at
the discretion of the Director of the Indian Health Service: Provided
further, That the amount provided under this heading in this subtitle
shall be distributed through Indian Health Service directly operated
programs and to Tribes and Tribal organizations under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) and
through contracts or grants with Urban Indian Organizations under title
V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.):
Provided further, That any amounts made available under this heading
and transferred to Tribes or Tribal organizations shall be transferred
on a one-time basis, and that these non-recurring funds are not part of
the amount required by section 106 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5325), and that such amounts may
only be used for the purposes authorized by section 31602 of this
subtitle, notwithstanding any other provision of law: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 31602. COVID-19 PREVENTION IN MEDICALLY UNDERSERVED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services, in
consultation with the Deputy Assistant Secretary for Minority Health,
shall implement a comprehensive program to--
(1) prevent and respond to COVID-19 in medically
underserved communities; and
(2) ensure that such program is designed to complement the
efforts of State and local public health agencies.
(b) Components.--The comprehensive program under subsection (a)
shall include the following:
(1) The provision of diagnostic tests for the virus that
causes COVID-19, including rapid response tests and testing
through the use of mobile health units.
(2) The provision of serological tests for the virus that
causes COVID-19.
(3) Contact tracing to monitor the contacts of individuals
who are or were infected with the virus that causes COVID-19.
(4) The provision of personal protective equipment to
essential workers.
(5) The facilitation of--
(A) voluntary isolation and quarantine of
individuals presumed or confirmed to be infected with,
or exposed to individuals presumed or confirmed to be
infected with, the virus that causes COVID-19; and
(B) the provision of social services and support
for such individuals.
(6) A culturally diverse and multilingual social marketing
campaign carried out by trusted members of the community
involved to increase public awareness of--
(A) health precautions to prevent exposure to the
virus that causes COVID-19;
(B) the benefits of monitoring and testing for
COVID-19;
(C) health care assistance programs and entities
that provide treatment for such virus; and
(D) public assistance and unemployment programs for
individuals affected by the spread of COVID-19.
(c) Grants to Partners.--To carry out the components of the
comprehensive program under subsection (b), the Secretary shall provide
grants to--
(1) faith-based, community, and nonprofit organizations;
and
(2) eligible institutions of higher education described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)) that have partnerships with one or more faith-based,
community, or nonprofit organizations.
(d) Contact Tracing.--
(1) Location of personnel.--The individuals hired and
trained to perform contact tracing pursuant to the
comprehensive program under subsection (a) shall have--
(A) experience in medically underserved
communities; and
(B) relationships with individuals who reside in
medically underserved communities.
(2) Protection of personal information.--The Secretary
shall ensure that the individually identifiable information
collected to perform contact tracing pursuant to the
comprehensive program under subsection (a) is secure from
unauthorized access and disclosure.
(e) Strategy.--
(1) In general.--Not later than 14 days after the date of
the enactment of this Act, the Secretary shall develop and
publish a comprehensive strategy with respect to the
comprehensive program under subsection (a) for the purpose of
addressing health and health disparities, taking into
consideration the following:
(A) Race and ethnicity.
(B) Sex.
(C) Age.
(D) Limited English proficiency.
(E) Socioeconomic status.
(F) Disability.
(G) Census tract.
(H) Status as a member of the lesbian, gay,
bisexual, and transgender community.
(I) Occupation.
(J) Other demographic data.
(2) Consultation.--In developing the strategy under
paragraph (1), the Secretary shall consult with health
officials who represent the following:
(A) State and territorial governments.
(B) Local governments.
(C) Tribal governments.
SEC. 31603. COVID-19 PREVENTION IN INDIAN TRIBES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Indian Health Service, shall implement a
comprehensive program to prevent and respond to COVID-19 through
programs and services administered by--
(1) the Indian Health Service; and
(2) Indian Tribes, Tribal organizations, and Urban Indian
organizations pursuant to a contract or compact under--
(A) the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.); or
(B) the Indian Health Care Improvement Act (25
U.S.C. 1601 et seq.).
(b) Components.--The comprehensive program under subsection (a)
shall include the following:
(1) The provision of diagnostic tests for the virus that
causes COVID-19, including rapid response tests and testing
through the use of mobile health units.
(2) The provision of serological tests for the virus that
causes COVID-19.
(3) Contact tracing to monitor the contacts of individuals
who are or were infected with the virus that causes COVID-19,
including hiring and training culturally and linguistically
competent contact tracers.
(4) The provision of personal protective equipment to
essential workers, including--
(A) community health representatives employed under
section 516 of the Indian Health Care Improvement Act
(25 U.S.C. 1616f); and
(B) community health aides employed under section
119 of the Indian Health Care Improvement Act (25
U.S.C. 1616l).
(5) The facilitation of--
(A) voluntary isolation and quarantine of
individuals presumed or confirmed to be infected with,
or exposed to individuals presumed or confirmed to be
infected with, the virus that causes COVID-19; and
(B) the provision of social services and support
for such individuals.
(6) A culturally and linguistically appropriate social
marketing campaign carried out by trusted members of the
community involved to increase public awareness of--
(A) health precautions to prevent exposure to, and
the spread of, the virus that causes COVID-19;
(B) the benefits of monitoring and testing for such
virus; and
(C) other public awareness priorities.
(7) Awarding grants or cooperative agreements to
epidemiology centers established under section 214 of the
Indian Health Care Improvement Act (25 U.S.C. 1621m).
(c) Consultation.--Before implementing the program under subsection
(a), the Secretary shall--
(1) consult with Indian Tribes and Tribal organizations;
and
(2) confer with Urban Indian organizations.
SEC. 31604. DEFINITIONS.
In this subtitle:
(1) The term ``essential worker'' means--
(A) a health sector employee;
(B) an emergency response worker;
(C) a sanitation worker;
(D) a worker at a business which a State or local
government official has determined must remain open to
serve the public during a public health emergency (as
declared pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d)) with respect to COVID-19;
and
(E) any other worker who cannot telework, and whom
the State deems to be essential during a public health
emergency with respect to COVID-19.
(2) The term ``Indian Tribe'' means an ``Indian tribe'' as
defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(3) The term ``medically underserved communities'' means
communities that each--
(A) have a rate of infection, hospitalization, or
death with respect to COVID-19 that is higher than the
national average;
(B) have a high percentage of racial and ethnic
minorities; or
(C) are above the 90th percentile according to the
area deprivation index developed by the Administrator
of the Health Resources and Services Administration.
(4) The term ``Secretary'' means the Secretary of Health
and Human Services.
(5) The term ``Tribal organization'' means a ``tribal
organization'' as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(6) The term ``Urban Indian organization'' has the meaning
given such term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
SEC. 31605. ADDITIONAL APPROPRIATIONS.
Unless otherwise provided for by this subtitle, the additional
amounts appropriated by this subtitle to appropriations accounts shall
be available under the authorities and conditions applicable to such
appropriations accounts for fiscal year 2022.
SEC. 31606. SUPPLEMENTAL APPROPRIATIONS.
Each amount designated in this subtitle by the Congress as being
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or transferred, as applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
Subtitle Q--To Improve the Health of Minority Individuals During the
COVID-19 Pandemic and for Other Purposes
SEC. 31701. SHORT TITLE.
This subtitle may be cited as the ``Ending Health Disparities
During COVID-19 Act of 2021'' or the ``EHDC Act of 2020''.
PART 1--RACIAL AND ETHNICITY DATA COLLECTION
Subpart A--Collection and Reporting
SEC. 317101. EQUITABLE DATA COLLECTION AND DISCLOSURE ON COVID-19 ACT.
(a) Findings.--Congress makes the following findings:
(1) The World Health Organization (WHO) declared COVID-19 a
``Public Health Emergency of International Concern'' on January
30, 2020. By late March 2020, there have been over 470,000
confirmed cases of, and 20,000 deaths associated with, COVID-19
worldwide.
(2) In the United States, cases of COVID-19 have quickly
surpassed those across the world, and as of April 12, 2020,
over 500,000 cases and 20,000 deaths have been reported in the
United States alone.
(3) Early reporting on racial inequities in COVID-19
testing and treatment have renewed calls for the Centers for
Disease Control and Prevention and other relevant subagencies
within the Department of Health and Human Services to publicly
release racial and demographic information to better inform the
pandemic response, specifically in communities of color and in
Limited English Proficient (LEP) communities.
(4) The burden of morbidity and mortality in the United
States has historically fallen disproportionately on
marginalized communities (those who suffer the most from great
public health needs and are the most medically underserved).
(5) Historically, structures and systems, such as racism,
ableism and class oppression, have rendered affected
individuals more vulnerable to inequities and have prevented
people from achieving their optimal health even when there is
not a crisis of pandemic proportions.
(6) Significant differences in access to health care,
specifically to primary health care providers, health care
information, and greater perceived discrimination in health
care place communities of color, individuals with disabilities,
and LEP individuals at greater risk of receiving delayed, and
perhaps poorer, health care.
(7) Stark racial inequities across the United States,
including unequal access to stable housing, quality education,
and decent employment significantly impact the ability of
individuals to take care of their most basic health needs.
Communities of color are more likely to experience homelessness
and struggle with low-paying jobs or unemployment. To date,
experts have cited that 2 in 5 Latino residents in New York
City, the current epicenter of the COVID-19 pandemic, are
recently unemployed as a direct consequence of COVID-19. And at
a time when sheltering in place will save lives, less than 1 in
5 Black workers and roughly 1 in 6 Latino workers are able to
work from home.
(8) Communities of color experience higher rates of chronic
disease and disabilities, such as diabetes, hypertension, and
asthma, than non-Hispanic White communities, which predisposes
them to greater risk of complications and mortality should they
contract COVID-19.
(9) Such communities are made even more vulnerable to the
uncertainty of the preparation, response, and events
surrounding the pandemic public health crisis, COVID-19. For
instance, in the recent past, multiple epidemiologic studies
and reviews have reported higher rates of hospitalization due
to the 2009 H1N1 pandemic among the poor, individuals with
disabilities and preexisting conditions, those living in
impoverished neighborhoods, and individuals of color and ethnic
backgrounds in the United States. These findings highlight the
urgency to adapt the COVID-19 response to monitor and act on
these inequities via data collection and research by race and
ethnicity.
(10) Research experts recognize that there are underlying
differences in illness and death when each of these factors are
examined through socioeconomic and racial or ethnic lenses.
These socially determinant factors of health accelerate disease
and degradation.
(11) Language barriers are highly correlated with
medication noncompliance and inconsistent engagement with
health systems. Without language accessibility data and
research around COVID-19, these communities are less likely to
receive critical testing and preventive health services. Yet,
to date, the Centers for Disease Control and Prevention do not
disseminate COVID-19 messaging in critical languages, including
Mandarin Chinese, Spanish, and Korean within the same timeframe
as information in English despite requirements to ensure
limited English proficient populations are not discriminated
against under title VI of the Civil Rights Act of 1964 and
subsequent laws and Federal policies.
(12) Further, it is critical to disaggregate data further
by ancestry to address disparities among Asian American, Native
Hawaiian, and Pacific Islander groups. According to the
National Equity Atlas, while 13 percent of the Asian population
overall lived in poverty in 2015, 39 percent of Burmese people,
29 percent of Hmong people, and 21 percent of Pacific Islanders
lived in poverty.
(13) Utilizing disaggregation of enrollment in Affordable
Care Act-sponsored health insurance, the Asian and Pacific
Islander American Health Forum found that prior to the passage
of the Patient Protection and Affordable Care Act (Public Law
111-148), Korean Americans had a high uninsured rate of 23
percent, compared to just 12 percent for all Asian Americans.
Developing targeted outreach efforts assisted 1,000,000 people
and resulted in a 56-percent decrease in the uninsured among
the Asian, Native Hawaiian, and Pacific Islander population.
Such efforts show that disaggregated data is essential to
public health mobilizations efforts.
(14) Without clear understanding of how COVID-19 impacts
marginalized racial and ethnic communities, there will be
exacerbated risk of endangering the most historically
vulnerable of our Nation.
(15) The consequences of misunderstanding the racial and
ethnic impact of COVID-19 expound beyond communities of color
such that it would impact all.
(16) Race and ethnicity are valuable research and practice
variables when used and interpreted appropriately. Health data
collected on patients by race and ethnicity will boost and more
efficiently direct critical resources and inform risk
communication development in languages and at appropriate
health literacy levels, which resonate with historically
vulnerable communities of color.
(17) To date, there is no public standardized and
comprehensive race and ethnicity data repository of COVID-19
testing, hospitalizations, or mortality. The inconsistency of
data collection by Federal, State, and local health
authorities, and the inability to access data by public
research institutions and academic organizations, poses a
threat to analysis and synthesis of the pandemic impact on
communities of color. However, research and medical experts of
Historically Black Colleges and Universities, academic health
care institutions which are historically and geographically
embedded in minoritized and marginalized communities, generally
also possess rapport with the communities they serve. They are
well-positioned, as trusted thought leaders and health care
service providers, to collect data and conduct research toward
creating holistic solutions to remedy the inequitable impact of
this and future public health crises.
(18) Well-designed, ethically sound research aligns with
the goals of medicine, addresses questions relevant to the
population among whom the study will be carried out, balances
the potential for benefit against the potential for harm,
employs study designs that will yield scientifically valid and
significant data, and generates useful knowledge.
(19) The dearth of racially and ethnically disaggregated
data reflecting the health of communities of color underlies
the challenges of a fully informed public health response.
(20) Without collecting race and ethnicity data associated
with COVID-19 testing, hospitalizations, morbidities, and
mortalities, as well as publicly disclosing it, communities of
color will remain at greater risk of disease and death.
(b) Emergency Funding for Federal Data Collection on the Racial,
Ethnic, and Other Demographic Disparities of COVID-19.--To conduct or
support data collection on the racial, ethnic, and other demographic
implications of COVID-19 in the United States and its territories,
including support to assist in the capacity building for State and
local public health departments to collect and transmit racial, ethnic,
and other demographic data to the relevant Department of Health and
Human Services agencies, there is authorized to be appropriated--
(1) to the Centers for Disease Control and Prevention,
$12,000,000;
(2) to State, territorial, and Tribal public health
agencies, distributed proportionally based on the total
population of their residents who are enrolled in Medicaid or
who have no health insurance, $15,000,000;
(3) to the Indian Health Service, Indian Tribes and Tribal
organizations (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act), and urban Indian
organizations (as defined in section 4 of the Indian Health
Care Improvement Act), $3,000,000;
(4) to the Centers for Medicare & Medicaid Services,
$5,000,000;
(5) to the Food and Drug Administration, $5,000,000;
(6) to the Agency for Healthcare Research and Quality,
$5,000,000; and
(7) to the Office of the National Coordinator for Health
Information Technology, $5,000,000.
(c) COVID-19 Data Collection and Disclosure.--
(1) Data collection.--The Secretary of Health and Human
Services (referred to in this section as the ``Secretary''),
acting through the Director of the Centers for Disease Control
and Prevention and the Administrator of the Centers for
Medicare & Medicaid Services, shall make publicly available on
the website of the Centers for Disease Control and Prevention
data collected across all surveillance systems relating to
COVID-19, disaggregated by race, ethnicity, sex, age, primary
language, socioeconomic status, disability status, and county,
including the following:
(A) Data related to all COVID-19 testing, including
the number of individuals tested and the number of
tests that were positive.
(B) Data related to treatment for COVID-19,
including hospitalizations and intensive care unit
admissions.
(C) Data related to COVID-19 outcomes, including
total fatalities and case fatality rates (expressed as
the proportion of individuals who were infected with
COVID-19 and died from the virus).
(2) Application of standards.--To the extent practicable,
data collection under this subsection shall follow standards
developed by the Department of Health and Human Services Office
of Minority Health and be collected, analyzed, and reported in
accordance with the standards promulgated by the Assistant
Secretary for Planning and Evaluation under title XXXI of the
Public Health Service Act (42 U.S.C. 300kk et seq.).
(3) Timeline.--The data made available under this
subsection shall be updated on a daily basis throughout the
public health emergency.
(4) Privacy.--In publishing data under this subsection, the
Secretary shall take all necessary steps to protect the privacy
of individuals whose information is included in such data,
including--
(A) complying with privacy protections provided
under the regulations promulgated under section 264(c)
of the Health Insurance Portability and Accountability
Act of 1996; and
(B) protections from all inappropriate internal use
by an entity that collects, stores, or receives the
data, including use of such data in determinations of
eligibility (or continued eligibility) in health plans,
and from inappropriate uses.
(5) Consultation with tribes.--The Indian Health Service
shall consult with Indian Tribes and confer with urban Indian
organizations on data collection and reporting.
(6) Report.--Not later than 60 days after the date on which
the Secretary certifies that the public health emergency
related to COVID-19 has ended, the Secretary shall make
publicly available a summary of the final statistics related to
COVID-19.
(7) Report.--Not later than 60 days after the date on which
the Secretary certifies that the public health emergency
related to COVID-19 has ended, the Department of Health and
Human Services shall compile and submit to the Committee on
Health, Education, Labor, and Pensions and the Committee on
Finance of the Senate and the Committee on Energy and Commerce
and the Committee on Ways and Means of the House of
Representatives a preliminary report--
(A) describing the testing, hospitalization,
mortality rates, and preferred language of patients
associated with COVID-19 by race and ethnicity; and
(B) proposing evidenced-based response strategies
to safeguard the health of these communities in future
pandemics.
(d) Commission on Ensuring Health Equity During the COVID-19 Public
Health Emergency.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall establish a
commission, to be known as the ``Commission on Ensuring Health
Equity During the COVID-19 Public Health Emergency'' (referred
to in this subsection as the ``Commission'') to provide clear
and robust guidance on how to improve the collection, analysis,
and use of demographic data in responding to future waves of
the coronavirus.
(2) Membership and chairperson.--
(A) Membership.--The Commission shall be composed
of--
(i) the Director of the Centers for Disease
Control and Prevention;
(ii) the Director of the National
Institutes of Health;
(iii) the Commissioner of Food and Drugs;
(iv) the Administrator of the Federal
Emergency Management Agency;
(v) the Director of the National Institute
on Minority Health and Health Disparities;
(vi) the Director of the Indian Health
Service;
(vii) the Administrator of the Centers for
Medicare & Medicaid Services;
(viii) the Director of the Agency for
Healthcare Research and Quality;
(ix) the Surgeon General;
(x) the Administrator of the Health
Resources and Services Administration;
(xi) the Director of the Office of Minority
Health;
(xii) the Director of the Office of Women's
Health;
(xiii) the Chairperson of the National
Council on Disability;
(xiv) at least 4 State, local, territorial,
and Tribal public health officials representing
departments of public health, who shall
represent jurisdictions from different regions
of the United States with relatively high
concentrations of historically marginalized
populations, to be appointed by the Secretary;
and
(xv) racially and ethnically diverse
representation from at least 3 independent
experts with knowledge or field experience with
racial and ethnic disparities in public health
appointed by the Secretary.
(B) Chairperson.--The President of the National
Academies of Sciences, Engineering, and Medicine, or
designee, shall serve as the chairperson of the
Commission.
(3) Duties.--The Commission shall--
(A) examine barriers to collecting, analyzing, and
using demographic data;
(B) determine how to best use such data to promote
health equity across the United States and reduce
racial, Tribal, and other demographic disparities in
COVID-19 prevalence and outcomes;
(C) gather available data related to COVID-19
treatment of individuals with disabilities, including
denial of treatment for pre-existing conditions,
removal or denial of disability related equipment
(including ventilators and CPAP), and data on
completion of DNR orders, and identify barriers to
obtaining accurate and timely data related to COVID-19
treatment of such individuals;
(D) solicit input from public health officials,
community-connected organizations, health care
providers, State and local agency officials, and other
experts on barriers to, and best practices for,
collecting demographic data; and
(E) recommend policy changes that the data
indicates are necessary to reduce disparities.
(4) Report.--Not later than 60 days after the date of
enactment of this Act, and every 180 days thereafter until the
Secretary certifies that the public health emergency related to
COVID-19 has ended, the Commission shall submit a written
report of its findings and recommendations to Congress and post
such report on a website of the Department of Health and Human
Services. Such reports shall contain information concerning--
(A) how to enhance State, local, territorial, and
Tribal capacity to conduct public health research on
COVID-19, with a focus on expanded capacity to analyze
data on disparities correlated with race, ethnicity,
income, sex, age, disability status, specific
geographic areas, and other relevant demographic
characteristics, and an analysis of what demographic
data is currently being collected about COVID-19, the
accuracy of that data and any gaps, how this data is
currently being used to inform efforts to combat COVID-
19, and what resources are needed to supplement
existing public health data collection;
(B) how to collect, process, and disclose to the
public the data described in subparagraph (A) in a way
that maintains individual privacy while helping direct
the State and local response to the virus;
(C) how to improve demographic data collection
related to COVID-19 in the short- and long-term,
including how to continue to grow and value the Tribal
sovereignty of data and information concerning Tribal
communities;
(D) to the extent possible, a preliminary analysis
of racial and other demographic disparities in COVID-19
mortality, including an analysis of comorbidities and
case fatality rates;
(E) to the extent possible, a preliminary analysis
of sex, gender, sexual orientation, and gender identity
disparities in COVID-19 treatment and mortality;
(F) an analysis of COVID-19 treatment of
individuals with disabilities, including equity of
access to treatment and equipment and intersections of
disability status with other demographic factors,
including race, and recommendations for how to improve
transparency and equity of treatment for such
individuals during the COVID-19 public health emergency
and future emergencies;
(G) how to support State, local, and Tribal
capacity to eliminate barriers to COVID-19 testing and
treatment; and
(H) to the extent possible, a preliminary analysis
of Federal Government policies that disparately
exacerbate the COVID-19 impact, and recommendations to
improve racial and other demographic disparities in
health outcomes.
(5) Authorization of appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
SEC. 317102. COVID-19 REPORTING PORTAL.
(a) In General.--Not later than 15 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary'') shall establish and maintain an
online portal for use by eligible health care entities to track and
transmit data regarding their personal protective equipment and medical
supply inventory and capacity related to COVID-19.
(b) Eligible Health Care Entities.--In this section, the term
``eligible health care entity'' means a licensed acute care hospital,
hospital system, or long-term care facility with confirmed cases of
COVID-19.
(c) Submission.--An eligible health care entity shall report using
the portal under this section on a biweekly basis in order to assist
the Secretary in tracking usage and need of COVID-related supplies and
personnel in a regular and real-time manner.
(d) Included Information.--The Secretary shall design the portal
under this section to include information on personal protective
equipment and medical supply inventory and capacity related to COVID-
19, including with respect to the following:
(1) Personal protective equipment.--Total personal
protective equipment inventory, including, in units, the
numbers of N95 masks and authorized equivalent respirator
masks, surgical masks, exam gloves, face shields, isolation
gowns, and coveralls.
(2) Medical supply.--
(A) Total ventilator inventory, including, in
units, the number of universal, adult, pediatric, and
infant ventilators.
(B) Total diagnostic and serological test
inventory, including, in units, the number of test
platforms, tests, test kits, reagents, transport media,
swabs, and other materials or supplies determined
necessary by the Secretary.
(3) Capacity.--
(A) Case count measurements, including confirmed
positive cases and persons under investigation.
(B) Total number of staffed beds, including medical
surgical beds, intensive care beds, and critical care
beds.
(C) Available beds, including medical surgical
beds, intensive care beds, and critical care beds.
(D) Total number of COVID-19 patients currently
utilizing a ventilator.
(E) Average number of days a COVID-19 patient is
utilizing a ventilator.
(F) Total number of additionally needed
professionals in each of the following categories:
intensivists, critical care physicians, respiratory
therapists, registered nurses, certified registered
nurse anesthetists, and laboratory personnel.
(G) Total number of hospital personnel currently
not working due to self-isolation following a known or
presumed COVID-19 exposure.
(e) Access to Information Related to Inventory and Capacity.--The
Secretary shall ensure that relevant agencies and officials, including
the Centers for Disease Control and Prevention, the Assistant Secretary
for Preparedness and Response, and the Federal Emergency Management
Agency, have access to information related to inventory and capacity
submitted under this section.
(f) Weekly Report to Congress.--On a weekly basis, the Secretary
shall transmit information related to inventory and capacity submitted
under this section to the appropriate committees of the House and
Senate.
SEC. 317103. REGULAR CDC REPORTING ON DEMOGRAPHIC DATA.
Not later than 14 days after the date of enactment of this Act, the
Secretary of Health and Human Services, in coordination with the
Director of the Centers for Disease Control and Prevention, shall amend
the reporting under the heading ``Department of Health and Human
Services--Office of the Secretary--Public Health and Social Service
Emergency Fund'' in title I of division B of the Paycheck Protection
Program and Health Care Enhancement Act (Public Law 116-139; 134 Stat.
620, 626) on the demographic characteristics, including race, ethnicity
(including breakdowns of major ethnic groups and Tribal affiliations
within minority populations), age, sex, gender, geographic region,
primary written and spoken language, disability status, sexual
orientation, socioeconomic status, occupation, and other relevant
factors of individuals tested for or diagnosed with COVID-19, to
include--
(1) providing technical assistance to State, local, Tribal,
and territorial health departments to improve the collection
and reporting of such demographic data;
(2) if such data is not so collected or reported, the
reason why the State, local, Tribal, or territorial department
of health has not been able to collect or provide such
information; and
(3) making a copy of such report available publicly on the
website of the Centers for Disease Control and Prevention.
SEC. 317104. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
(a) Purpose.--It is the purpose of the amendment made by this
section to promote data collection, analysis, and reporting by race,
ethnicity, sex, primary language, sexual orientation, disability
status, gender identity, age, and socioeconomic status among federally
supported health programs.
(b) Amendment.--The Public Health Service Act is amended by adding
at the end the following:
``TITLE XXXIV--STRENGTHENING DATA COLLECTION, IMPROVING DATA ANALYSIS,
AND EXPANDING DATA REPORTING
``SEC. 3400. HEALTH DISPARITY DATA.
``(a) Requirements.--
``(1) In general.--Each health-related program shall--
``(A) require the collection, by the agency or
program involved, of data on the race, ethnicity, sex,
primary language, sexual orientation, disability
status, gender identity, age, and socioeconomic status
of each applicant for and recipient of health-related
assistance under such program, including--
``(i) using, at a minimum, standards for
data collection on race, ethnicity, sex,
primary language, sexual orientation, gender
identity, age, socioeconomic status, and
disability status as each are developed under
section 3101;
``(ii) collecting data for additional
population groups if such groups can be
aggregated into the race and ethnicity
categories outlined by standards developed
under section 3101;
``(iii) using, where practicable, the
standards developed by the Health and Medicine
Division of the National Academies of Sciences,
Engineering, and Medicine (formerly known as
the `Institute of Medicine') in the 2009
publication, entitled `Race, Ethnicity, and
Language Data: Standardization for Health Care
Quality Improvement'; and
``(iv) where practicable, collecting such
data through self-reporting;
``(B) with respect to the collection of the data
described in subparagraph (A), for applicants and
recipients who are minors, require communication
assistance in speech or writing, and for applicants and
recipients who are otherwise legally incapacitated,
require that--
``(i) such data be collected from the
parent or legal guardian of such an applicant
or recipient; and
``(ii) the primary language of the parent
or legal guardian of such an applicant or
recipient be collected;
``(C) systematically analyze such data using the
smallest appropriate units of analysis feasible to
detect racial and ethnic disparities, as well as
disparities along the lines of primary language, sex,
disability status, sexual orientation, gender identity,
age, and socioeconomic status in health and health
care, and report the results of such analysis to the
Secretary, the Director of the Office for Civil Rights,
each agency listed in section 3101(c)(1), the Committee
on Health, Education, Labor, and Pensions and the
Committee on Finance of the Senate, and the Committee
on Energy and Commerce and the Committee on Ways and
Means of the House of Representatives;
``(D) provide such data to the Secretary on at
least an annual basis; and
``(E) ensure that the provision of assistance to an
applicant or recipient of assistance is not denied or
otherwise adversely affected because of the failure of
the applicant or recipient to provide race, ethnicity,
primary language, sex, sexual orientation, disability
status, gender identity, age, and socioeconomic status
data.
``(2) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) permit the use of information collected under
this subsection in a manner that would adversely affect
any individual providing any such information; or
``(B) diminish any requirements, including such
requirements in effect on or after the date of
enactment of this section, on health care providers to
collect data.
``(3) No compelled disclosure of data.--This title does not
authorize any health care provider, Federal official, or other
entity to compel the disclosure of any data collected under
this title. The disclosure of any such data by an individual
pursuant to this title shall be strictly voluntary.
``(b) Protection of Data.--The Secretary shall ensure (through the
promulgation of regulations or otherwise) that all data collected
pursuant to subsection (a) are protected--
``(1) under the same privacy protections as the Secretary
applies to other health data under the regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 relating to the privacy of
individually identifiable health information and other
protections; and
``(2) from all inappropriate internal use by any entity
that collects, stores, or receives the data, including use of
such data in determinations of eligibility (or continued
eligibility) in health plans, and from other inappropriate
uses, as defined by the Secretary.
``(c) National Plan of the Data Council.--The Secretary shall
develop and implement a national plan to ensure the collection of data
in a culturally and linguistically appropriate manner, to improve the
collection, analysis, and reporting of racial, ethnic, sex, primary
language, sexual orientation, disability status, gender identity, age,
and socioeconomic status data at the Federal, State, territorial,
Tribal, and local levels, including data to be collected under
subsection (a), and to ensure that data collection activities carried
out under this section are in compliance with standards developed under
section 3101. The Data Council of the Department of Health and Human
Services, in consultation with the National Committee on Vital Health
Statistics, the Office of Minority Health, Office on Women's Health,
and other appropriate public and private entities, shall make
recommendations to the Secretary concerning the development,
implementation, and revision of the national plan. Such plan shall
include recommendations on how to--
``(1) implement subsection (a) while minimizing the cost
and administrative burdens of data collection and reporting;
``(2) expand knowledge among Federal agencies, States,
territories, Indian Tribes, counties, municipalities, health
providers, health plans, and the general public that data
collection, analysis, and reporting by race, ethnicity, sex,
primary language, sexual orientation, gender identity, age,
socioeconomic status, and disability status is legal and
necessary to assure equity and nondiscrimination in the quality
of health care services;
``(3) ensure that future patient record systems follow
Federal standards promulgated under the Health Information
Technology for Economic and Clinical Health Act for the
collection and meaningful use of electronic health data on
race, ethnicity, sex, primary language, sexual orientation,
gender identity, age, socioeconomic status, and disability
status;
``(4) improve health and health care data collection and
analysis for more population groups if such groups can be
aggregated into the minimum race and ethnicity categories,
including exploring the feasibility of enhancing collection
efforts in States, counties, and municipalities for racial and
ethnic groups that comprise a significant proportion of the
population of the State, county, or municipality;
``(5) provide researchers with greater access to racial,
ethnic, primary language, sex, sexual orientation, gender
identity, age, socioeconomic status data, and disability status
data, subject to all applicable privacy and confidentiality
requirements, including HIPAA privacy and security law as
defined in section 3009; and
``(6) safeguard and prevent the misuse of data collected
under subsection (a).
``(d) Compliance With Standards.--Data collected under subsection
(a) shall be obtained, maintained, and presented (including for
reporting purposes) in accordance with standards developed under
section 3101.
``(e) Analysis of Health Disparity Data.--The Secretary, acting
through the Director of the Agency for Healthcare Research and Quality
and in coordination with the Assistant Secretary for Planning and
Evaluation, the Administrator of the Centers for Medicare & Medicaid
Services, the Director of the National Center for Health Statistics,
and the Director of the National Institutes of Health, shall provide
technical assistance to agencies of the Department of Health and Human
Services in meeting Federal standards for health disparity data
collection and for analysis of racial, ethnic, and other disparities in
health and health care in programs conducted or supported by such
agencies by--
``(1) identifying appropriate quality assurance mechanisms
to monitor for health disparities;
``(2) specifying the clinical, diagnostic, or therapeutic
measures which should be monitored;
``(3) developing new quality measures relating to racial
and ethnic disparities and their overlap with other disparity
factors in health and health care;
``(4) identifying the level at which data analysis should
be conducted; and
``(5) sharing data with external organizations for research
and quality improvement purposes.
``(f) Definitions.--In this section--
``(1) the term `health-related program' means a program
that is operated by the Secretary, or that receives funding or
reimbursement, in whole or in part, either directly or
indirectly from the Secretary--
``(A) for activities under the Social Security Act
for health care services; or
``(B) for providing federal financial assistance
for health care, biomedical research, or health
services research or for otherwise improving the health
of the public;
``(2) the term `primary language data' includes spoken and
written primary language data; and
``(3) the term `primary language data collection
activities' includes identifying, collecting, storing,
tracking, and analyzing primary language data and information
on the methods used to meet the language access needs of
individuals with limited-English proficiency.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3401. ESTABLISHING GRANTS FOR DATA COLLECTION IMPROVEMENT
ACTIVITIES.
``(a) In General.--The Secretary, acting through the Director of
the Agency for Healthcare Research and Quality and in consultation with
the Deputy Assistant Secretary for Minority Health, the Director of the
National Institutes of Health, the Assistant Secretary for Planning and
Evaluation, and the Director of the National Center for Health
Statistics, shall establish a technical assistance program under which
the Secretary provides grants to eligible entities to assist such
entities in complying with section 3431.
``(b) Types of Assistance.--A grant provided under this section may
be used to--
``(1) enhance or upgrade computer technology that will
facilitate collection, analysis, and reporting of racial,
ethnic, primary language, sexual orientation, sex, gender
identity, socioeconomic status, and disability status data;
``(2) improve methods for health data collection and
analysis, including additional population groups if such groups
can be aggregated into the race and ethnicity categories
outlined by standards developed under section 3101;
``(3) develop mechanisms for submitting collected data
subject to any applicable privacy and confidentiality
regulations; and
``(4) develop educational programs to inform health plans,
health providers, health-related agencies, and the general
public that data collection and reporting by race, ethnicity,
primary language, sexual orientation, sex, gender identity,
disability status, and socioeconomic status are legal and
essential for eliminating health and health care disparities.
``(c) Eligible Entity.--To be eligible for grants under this
section, an entity shall be a State, territory, Indian Tribe,
municipality, county, health provider, health care organization, or
health plan making a demonstrated effort to bring data collections into
compliance with section 3431.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3402. OVERSAMPLING OF UNDERREPRESENTED GROUPS IN FEDERAL HEALTH
SURVEYS.
``(a) National Strategy.--
``(1) In general.--The Secretary, acting through the
Director of the National Center for Health Statistics of the
Centers for Disease Control and Prevention, and other agencies
within the Department of Health and Human Services as the
Secretary determines appropriate, shall develop and implement
an ongoing and sustainable national strategy for oversampling
underrepresented populations within the categories of race,
ethnicity, sex, primary language, sexual orientation,
disability status, gender identity, and socioeconomic status as
determined appropriate by the Secretary in Federal health
surveys and program data collections. Such national strategy
shall include a strategy for oversampling of Native Americans,
Asian Americans, Native Hawaiians, and Pacific Islanders.
``(2) Consultation.--In developing and implementing a
national strategy, as described in paragraph (1), not later
than 180 days after the date of the enactment of this section,
the Secretary shall--
``(A) consult with representatives of community
groups, nonprofit organizations, nongovernmental
organizations, and government agencies working with
underrepresented populations;
``(B) solicit the participation of representatives
from other Federal departments and agencies, including
subagencies of the Department of Health and Human
Services; and
``(C) consult on, and use as models, the 2014
National Health Interview Survey oversample of Native
Hawaiian and Pacific Islander populations and the 2017
Behavioral Risk Factor Surveillance System oversample
of American Indian and Alaska Native communities.
``(b) Progress Report.--Not later than 2 years after the date of
the enactment of this section, the Secretary shall submit to the
Congress a progress report, which shall include the national strategy
described in subsection (a)(1).
``(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.''.
SEC. 317105. ELIMINATION OF PREREQUISITE OF DIRECT APPROPRIATIONS FOR
DATA COLLECTION AND ANALYSIS.
Section 3101 of the Public Health Service Act (42 U.S.C. 300kk) is
amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
SEC. 317106. COLLECTION OF DATA FOR THE MEDICARE PROGRAM.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by adding at the end the following:
``collection of data for the medicare program
``Sec. 1150C.
``(a) Requirement.--
``(1) In general.--The Commissioner of Social Security, in
consultation with the Administrator of the Centers for Medicare
& Medicaid Services, shall collect data on the race, ethnicity,
sex, primary language, sexual orientation, gender identity,
socioeconomic status, and disability status of all applicants
for Social Security benefits under title II or Medicare
benefits under title XVIII.
``(2) Data collection standards.--In collecting data under
paragraph (1), the Commissioner of Social Security shall at
least use the standards for data collection developed under
section 3101 of the Public Health Service Act or the standards
developed by the Office of Management and Budget, whichever is
more disaggregated. In the event there are no standards for the
demographic groups listed under paragraph (1), the Commissioner
shall consult with stakeholder groups representing the various
identities as well as with the Office of Minority Health within
the Centers for Medicare & Medicaid Services to develop
appropriate standards.
``(3) Data for additional population groups.--Where
practicable, the information collected by the Commissioner of
Social Security under paragraph (1) shall include data for
additional population groups if such groups can be aggregated
into the race and ethnicity categories outlined by the data
collection standards described in paragraph (2).
``(4) Collection of data for minors and legally
incapacitated individuals.--With respect to the collection of
the data described in paragraph (1) of applicants who are under
18 years of age or otherwise legally incapacitated, the
Commissioner of Social Security shall require that--
``(A) such data be collected from the parent or
legal guardian of such an applicant; and
``(B) the primary language of the parent or legal
guardian of such an applicant or recipient be used in
collecting the data.
``(5) Quality of data.--The Commissioner of Social Security
shall periodically review the quality and completeness of the
data collected under paragraph (1) and make adjustments as
necessary to improve both.
``(6) Transmission of data.--Upon enrollment in Medicare
benefits under title XVIII, the Commissioner of Social Security
shall transmit an individual's demographic data as collected
under paragraph (1) to the Centers for Medicare and Medicaid
Services.
``(7) Analysis and reporting of data.--With respect to data
transmitted under paragraph (5), the Administrator of the
Centers for Medicare and Medicaid Services, in consultation
with the Commissioner of Social Security shall--
``(A) require that such data be uniformly analyzed
and that such analysis be reported at least annually to
Congress;
``(B) incorporate such data in other analysis and
reporting on health disparities as appropriate;
``(C) make such data available to researchers,
under the protections outlined in paragraph (7);
``(D) provide opportunities to individuals enrolled
in Medicare to submit updated data; and
``(E) ensure that the provision of assistance or
benefits to an applicant is not denied or otherwise
adversely affected because of the failure of the
applicant to provide any of the data collected under
paragraph (1).
``(8) Protection of data.--The Commissioner of Social
Security shall ensure (through the promulgation of regulations
or otherwise) that all data collected pursuant to subsection
(a) is protected--
``(A) under the same privacy protections as the
Secretary applies to health data under the regulations
promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996
(relating to the privacy of individually identifiable
health information and other protections); and
``(B) from all inappropriate internal use by any
entity that collects, stores, or receives the data,
including use of such data in determinations of
eligibility (or continued eligibility) in health plans,
and from other inappropriate uses, as defined by the
Secretary.
``(b) Rule of Construction.--Nothing in this section shall be
construed to permit the use of information collected under this section
in a manner that would adversely affect any individual providing any
such information.
``(c) Technical Assistance.--The Secretary may, either directly or
by grant or contract, provide technical assistance to enable any entity
to comply with the requirements of this section or with regulations
implementing this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500 million for 2022 and $100
million for each fiscal year thereafter.''.
SEC. 317107. REVISION OF HIPAA CLAIMS STANDARDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services shall revise
the regulations promulgated under part C of title XI of the Social
Security Act (42 U.S.C. 1320d et seq.), relating to the collection of
data on race, ethnicity, and primary language in a health-related
transaction, to require--
(1) the use, at a minimum, of standards for data collection
on race, ethnicity, primary language, disability, sex, sexual
orientation, gender identity, and socioeconomic status
developed under section 3101 of the Public Health Service Act
(42 U.S.C. 300kk); and
(2) in consultation with the Office of the National
Coordinator for Health Information Technology, the designation
of the appropriate racial, ethnic, primary language,
disability, sex, and other code sets as required for claims and
enrollment data.
(b) Dissemination.--The Secretary of Health and Human Services
shall disseminate the new standards developed under subsection (a) to
all entities that are subject to the regulations described in such
subsection and provide technical assistance with respect to the
collection of the data involved.
(c) Compliance.--The Secretary of Health and Human Services shall
require that entities comply with the new standards developed under
subsection (a) not later than 2 years after the final promulgation of
such standards.
SEC. 317108. DISPARITIES DATA COLLECTED BY THE FEDERAL GOVERNMENT.
(a) Repository of Government Data.--The Secretary of Health and
Human Services, in coordination with the departments, agencies, or
offices described in subsection (b), shall establish a centralized
electronic repository of Government data on factors related to the
health and well-being of the population of the United States.
(b) Collection; Submission.--Not later than 180 days after the date
of the enactment of this Act, and January 31 of each year thereafter,
each department, agency, and office of the Federal Government that has
collected data on race, ethnicity, sex, primary language, sexual
orientation, disability status, gender identity, age, or socioeconomic
status during the preceding calendar year shall submit such data to the
repository of Government data established under subsection (a).
(c) Analysis; Public Availability; Reporting.--Not later than April
30, 2023, and April 30 of each year thereafter, the Secretary of Health
and Human Services, acting through the Assistant Secretary for Planning
and Evaluation, the Assistant Secretary for Health, the Director of the
Agency for Healthcare Research and Quality, the Director of the
National Center for Health Statistics, the Administrator of the Centers
for Medicare & Medicaid Services, the Director of the National
Institute on Minority Health and Health Disparities, and the Deputy
Assistant Secretary for Minority Health, shall--
(1) prepare and make available datasets for public use that
relate to disparities in health status, health care access,
health care quality, health outcomes, public health, and other
areas of health and well-being by factors that include race,
ethnicity, sex, primary language, sexual orientation,
disability status, gender identity, and socioeconomic status;
(2) ensure that these datasets are publicly identified on
the repository established under subsection (a) as
``disparities'' data; and
(3) submit a report to the Congress on the availability and
use of such data by public stakeholders.
SEC. 317109. STANDARDS FOR MEASURING SEXUAL ORIENTATION, GENDER
IDENTITY, AND SOCIOECONOMIC STATUS IN COLLECTION OF
HEALTH DATA.
Section 3101(a) of the Public Health Service Act (42 U.S.C.
300kk(a)) is amended--
(1) in paragraph (1)(A), by inserting ``sexual orientation,
gender identity, socioeconomic status,'' before ``and
disability status'';
(2) in paragraph (1)(C), by inserting ``sexual orientation,
gender identity, socioeconomic status,'' before ``and
disability status''; and
(3) in paragraph (2)(B), by inserting ``sexual orientation,
gender identity, socioeconomic status,'' before ``and
disability status''.
SEC. 317110. IMPROVING HEALTH DATA REGARDING NATIVE HAWAIIANS AND OTHER
PACIFIC ISLANDERS.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 317U the following:
``SEC. 317V. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA.
``(a) Definitions.--In this section:
``(1) Community group.--The term `community group' means a
group of NHOPI who are organized at the community level, and
may include a church group, social service group, national
advocacy organization, or cultural group.
``(2) Nonprofit, nongovernmental organization.--The term
`nonprofit, nongovernmental organization' means a group of
NHOPI with a demonstrated history of addressing NHOPI issues,
including a NHOPI coalition.
``(3) Designated organization.--The term `designated
organization' means an entity established to represent NHOPI
populations and which has statutory responsibilities to
provide, or has community support for providing, health care.
``(4) Government representatives of nhopi populations.--The
term `government representatives of NHOPI populations' means
representatives from Hawaii, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Federated States of
Micronesia, Guam, the Republic of Palau, and the Republic of
the Marshall Islands.
``(5) Native hawaiians and other pacific islanders
(nhopi).--The term `Native Hawaiians and Other Pacific
Islanders' or `NHOPI' means people having origins in any of the
original peoples of American Samoa, the Commonwealth of the
Northern Mariana Islands, the Federated States of Micronesia,
Guam, Hawaii, the Republic of the Marshall Islands, the
Republic of Palau, or any other Pacific Island.
``(6) Insular area.--The term `insular area' means Guam,
the Commonwealth of Northern Mariana Islands, American Samoa,
the United States Virgin Islands, the Federated States of
Micronesia, the Republic of Palau, or the Republic of the
Marshall Islands.
``(b) National Strategy.--
``(1) In general.--The Secretary, acting through the
Director of the National Center for Health Statistics (referred
to in this section as `NCHS') of the Centers for Disease
Control and Prevention, and other agencies within the
Department of Health and Human Services as the Secretary
determines appropriate, shall develop and implement an ongoing
and sustainable national strategy for identifying and
evaluating the health status and health care needs of NHOPI
populations living in the continental United States, Hawaii,
American Samoa, the Commonwealth of the Northern Mariana
Islands, the Federated States of Micronesia, Guam, the Republic
of Palau, and the Republic of the Marshall Islands.
``(2) Consultation.--In developing and implementing a
national strategy, as described in paragraph (1), not later
than 180 days after the date of enactment of the Ending Health
Disparities During COVID-19 Act of 2021, the Secretary--
``(A) shall consult with representatives of
community groups, designated organizations, and
nonprofit, nongovernmental organizations and with
government representatives of NHOPI populations; and
``(B) may solicit the participation of
representatives from other Federal departments.
``(c) Preliminary Health Survey.--
``(1) In general.--The Secretary, acting through the
Director of NCHS, shall conduct a preliminary health survey in
order to identify the major areas and regions in the
continental United States, Hawaii, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, Guam, the Republic of Palau, and the
Republic of the Marshall Islands in which NHOPI people reside.
``(2) Contents.--The health survey described in paragraph
(1) shall include health data and any other data the Secretary
determines to be--
``(A) useful in determining health status and
health care needs; or
``(B) required for developing or implementing a
national strategy.
``(3) Methodology.--Methodology for the health survey
described in paragraph (1), including plans for designing
questions, implementation, sampling, and analysis, shall be
developed in consultation with community groups, designated
organizations, nonprofit, nongovernmental organizations, and
government representatives of NHOPI populations, as determined
by the Secretary.
``(4) Timeframe.--The survey required under this subsection
shall be completed not later than 18 months after the date of
enactment of the Ending Health Disparities During COVID-19 Act
of 2021.
``(d) Progress Report.--Not later than 2 years after the date of
enactment of the Ending Health Disparities During COVID-19 Act of 2021,
the Secretary shall submit to Congress a progress report, which shall
include the national strategy described in subsection (b)(1).
``(e) Study and Report by the Health and Medicine Division.--
``(1) In general.--The Secretary shall enter into an
agreement with the Health and Medicine Division of the National
Academies of Sciences, Engineering, and Medicine to conduct a
study, with input from stakeholders in insular areas, on each
of the following:
``(A) The standards and definitions of health care
applied to health care systems in insular areas and the
appropriateness of such standards and definitions.
``(B) The status and performance of health care
systems in insular areas, evaluated based upon
standards and definitions, as the Secretary determines
appropriate.
``(C) The effectiveness of donor aid in addressing
health care needs and priorities in insular areas.
``(D) The progress toward implementation of
recommendations of the Committee on Health Care
Services in the United States--Associated Pacific Basin
that are set forth in the 1998 report entitled `Pacific
Partnerships for Health: Charting a New Course'.
``(2) Report.--An agreement described in paragraph (1)
shall require the Health and Medicine Division to submit to the
Secretary and to Congress, not later than 2 years after the
date of the enactment of the Ending Health Disparities During
COVID-19 Act of 2021, a report containing a description of the
results of the study conducted under paragraph (1), including
the conclusions and recommendations of the Health and Medicine
Division for each of the items described in subparagraphs (A)
through (D) of such paragraph.
``(f) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.''.
Subpart B--Improvements and Modernization
SEC. 317121. FEDERAL MODERNIZATION FOR HEALTH INEQUITIES DATA.
(a) In General.--The Secretary of Health and Human Services shall
work with covered agencies to support the modernization of data
collection methods and infrastructure at such agencies for the purpose
of increasing data collection related to health inequities, such as
racial, ethnic (including breakdowns of major ethnic groups and Tribal
affiliations within minority populations), socioeconomic, sex, gender,
age, geographic region, primary written and spoken language, sexual
orientation, occupation, and disability status disparities.
(b) Covered Agency Defined.--In this section, the term ``covered
agency'' means each of the following Federal agencies:
(1) The Agency for Healthcare Research and Quality.
(2) The Centers for Disease Control and Prevention.
(3) The Centers for Medicare & Medicaid Services.
(4) The Food and Drug Administration.
(5) The Office of the National Coordinator for Health
Information Technology.
(6) The National Institutes of Health.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to each covered agency to carry out this section
$4,000,000, to remain available until expended.
SEC. 317122. MODERNIZATION OF STATE AND LOCAL HEALTH INEQUITIES DATA.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, shall award
grants to State, local, Tribal, and territorial health departments in
order to support the modernization of data collection methods and
infrastructure for the purposes of increasing data related to health
inequities, such as racial, ethnic (including breakdowns of major
ethnic groups and Tribal affiliations within minority populations),
socioeconomic, sex, gender, age, geographic region, primary written and
spoken language, sexual orientation, occupation, and disability status
disparities. The Secretary shall--
(1) provide guidance, technical assistance, and information
to grantees under this section on best practices regarding
culturally competent, accurate, and increased data collection
and transmission; and
(2) track performance of grantees under this section to
help improve their health inequities data collection by
identifying gaps and taking effective steps to support States,
localities, and territories in addressing the gaps.
(b) Report.--Not later than 1 year after the date on which the
first grant is awarded under this section, the Secretary shall submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Health, Education, Labor and Pensions of the
Senate an initial report detailing--
(1) nationwide best practices for ensuring States and
localities collect and transmit health inequities data;
(2) nationwide trends which hinder the collection and
transmission of health inequities data;
(3) Federal best practices for working with States and
localities to ensure culturally competent, accurate, and
increased data collection and transmission; and
(4) any recommended changes to legislative or regulatory
authority to help improve and increase health inequities data
collection.
(c) Final Report.--Not later than December 31, 2025, the Secretary
shall--
(1) update and finalize the initial report under subsection
(b); and
(2) submit such final report to the committees specified in
such subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000, to remain
available until expended.
SEC. 317123. ADDITIONAL REPORTING TO CONGRESS ON THE RACE AND ETHNICITY
RATES OF COVID-19 TESTING, HOSPITALIZATIONS, AND
MORTALITIES.
(a) In General.--Not later than August 1, 2022, the Secretary of
Health and Human Services (referred to in this section as the
``Secretary'') shall submit to the Committee on Appropriations and the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Appropriations and the Committee on Health, Education,
Labor and Pensions of the Senate an initial report--
(1) describing the testing, positive diagnoses,
hospitalization, intensive care admissions, and mortality rates
associated with COVID-19, disaggregated by race, ethnicity
(including breakdowns of major ethnic groups and Tribal
affiliations within minority populations), age, sex, gender,
geographic region, primary written and spoken language,
disability status, sexual orientation, socioeconomic status,
occupation, and other relevant factors as determined by the
Secretary;
(2) including an analysis of any variances of testing,
positive diagnoses, hospitalizations, and deaths by demographic
characteristics; and
(3) including proposals for evidenced-based response
strategies to reduce disparities related to COVID-19.
(b) Final Report.--Not later than December 31, 2026, the Secretary
shall--
(1) update and finalize the initial report under subsection
(a); and
(2) submit such final report to the committees specified in
such subsection.
(c) Coordination.--In preparing the report submitted under this
section, the Secretary shall take into account and otherwise coordinate
such report with reporting required under section 103 and under the
heading ``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in title I
of division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620, 626).
PART 2--EQUITABLE TESTING AND TRACING
Subpart A--Free Testing for Patients
SEC. 317201. SOONER COVERAGE OF TESTING FOR COVID-19.
Section 6001(a) of division F of the Families First Coronavirus
Response Act (42 U.S.C. 1320b-5 note) is amended by striking
``beginning on or after'' and inserting ``beginning before, on, or
after''.
Subpart B--National Testing Strategy
SEC. 317211. COVID-19 TESTING STRATEGY.
(a) Strategy.--Not later than June 15, 2022, the Secretary of
Health and Human Services (referred to in this section as the
``Secretary'') shall update the COVID-19 strategic testing plan under
the heading ``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in title I
of division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139, 134 Stat. 620, 626-627) and submit
to the appropriate congressional committees such updated national plan
identifying--
(1) what level of, types of, and approaches to testing
(including predicted numbers of tests, populations to be
tested, and frequency of testing and the appropriate setting
whether a health care setting (such as hospital-based, high-
complexity laboratory, point-of-care, mobile testing units,
pharmacies or community health centers) or non-health care
setting (such as workplaces, schools, or child care centers))
are necessary--
(A) to sufficiently monitor and contribute to the
control of the transmission of SARS-CoV-2 in the United
States;
(B) to ensure that any reduction in social
distancing efforts, when determined appropriate by
public health officials, can be undertaken in a manner
that optimizes the health and safety of the people of
the United States, and reduces disparities (including
disparities related to race, ethnicity, sex, age,
disability status, socioeconomic status, primary
written and spoken language, occupation, and geographic
location) in the prevalence of, incidence of, and
health outcomes with respect to, COVID-19; and
(C) to provide for ongoing surveillance sufficient
to support contact tracing, case identification,
quarantine, and isolation to prevent future outbreaks
of COVID-19;
(2) specific plans and benchmarks, each with clear
timelines, to ensure--
(A) such level of, types of, and approaches to
testing as are described in paragraph (1), with respect
to optimizing health and safety;
(B) sufficient availability of all necessary
testing materials and supplies, including extraction
and testing kits, reagents, transport media, swabs,
instruments, analysis equipment, personal protective
equipment if necessary for testing (including point-of-
care testing), and other equipment;
(C) allocation of testing materials and supplies in
a manner that optimizes public health, including by
considering the variable impact of SARS-CoV-2 on
specific States, territories, Indian Tribes, Tribal
organizations, urban Indian organizations, communities,
industries, and professions;
(D) sufficient evidence of validation for tests
that are deployed as a part of such strategy;
(E) sufficient laboratory and analytical capacity,
including target turnaround time for test results;
(F) sufficient personnel, including personnel to
collect testing samples, conduct and analyze results,
and conduct testing follow-up, including contact
tracing, as appropriate; and
(G) enforcement of the Families First Coronavirus
Response Act (Public Law 116-127) to ensure patients
who are tested are not subject to cost sharing;
(3) specific plans to ensure adequate testing in rural
areas, frontier areas, health professional shortage areas, and
medically underserved areas (as defined in section 330I(a) of
the Public Health Service Act (42 U.S.C. 254c-14(a))), and for
underserved populations, Native Americans (including Indian
Tribes, Tribal organizations, and urban Indian organizations),
and populations at increased risk related to COVID-19;
(4) specific plans to ensure accessibility of testing to
people with disabilities, older individuals, individuals with
limited English proficiency, and individuals with underlying
health conditions or weakened immune systems; and
(5) specific plans for broadly developing and implementing
testing for potential immunity in the United States, as
appropriate, in a manner sufficient--
(A) to monitor and contribute to the control of
SARS-CoV-2 in the United States;
(B) to ensure that any reduction in social
distancing efforts, when determined appropriate by
public health officials, can be undertaken in a manner
that optimizes the health and safety of the people of
the United States; and
(C) to reduce disparities (including disparities
related to race, ethnicity, sex, age, disability
status, socioeconomic status, primary written and
spoken language, occupation, and geographic location)
in the prevalence of, incidence of, and health outcomes
with respect to, COVID-19.
(b) Coordination.--The Secretary shall carry out this section--
(1) in coordination with the Administrator of the Federal
Emergency Management Agency;
(2) in collaboration with other agencies and departments,
as appropriate; and
(3) taking into consideration the State plans for COVID-19
testing prepared as required under the heading ``Department of
Health and Human Services--Office of the Secretary--Public
Health and Social Service Emergency Fund'' in title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139; 134 Stat. 620, 624).
(c) Updates.--
(1) Frequency.--The updated national plan under subsection
(a) shall be updated every 30 days until the end of the public
health emergency first declared by the Secretary under section
319 of the Public Health Service Act (42 U.S.C. 247d) on
January 31, 2022, with respect to COVID-19.
(2) Relation to other law.--Paragraph (1) applies in lieu
of the requirement (for updates every 90 days until funds are
expended) in the second to last proviso under the heading
``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in
title I of division B of the Paycheck Protection Program and
Health Care Enhancement Act (Public Law 116-139; 134 Stat. 620,
627).
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Appropriations and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Health, Education, Labor and Pensions and of the Senate.
SEC. 317212. CORONAVIRUS IMMIGRANT FAMILIES PROTECTION.
(a) Definitions.--In this section:
(1) Coronavirus public health emergency.--The term
``coronavirus public health emergency'' means--
(A) an emergency involving Federal primary
responsibility determined to exist by the President
under section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5191(b))
with respect to COVID-19 or any other coronavirus with
pandemic potential;
(B) an emergency declared by a Federal official
with respect to coronavirus (as defined in section 506
of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123));
(C) a national emergency declared by the President
under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to COVID-19 or any other coronavirus
with pandemic potential; and
(D) a public health emergency declared by the
Secretary of Health and Human Services pursuant to
section 319 of the Public Health Service Act (42 U.S.C.
247(d)) with respect to COVID-19 or any other
coronavirus with pandemic potential.
(2) Coronavirus response law.--The term ``coronavirus
response law'' means--
(A) the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 (Public Law 116-
123);
(B) the Families First Coronavirus Response Act
(Public Law 116-127);
(C) the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136); and
(D) any subsequent law enacted as a response to a
coronavirus public health emergency.
(3) COVID-19.--The term ``COVID-19'' means the Coronavirus
Disease 2019.
(4) Enforcement action.--The term ``enforcement action''
means an apprehension, an arrest, a search, an interview, a
request for identification, or surveillance for the purposes of
immigration enforcement.
(5) Sensitive location.--The term ``sensitive location''
means all physical space located within 1,000 feet of--
(A) a medical treatment or health care facility,
including a hospital, an office of a health care
practitioner, an accredited health clinic, an alcohol
or drug treatment center, an emergent or urgent care
facility, and a community health center;
(B) a location at which emergency service providers
distribute food or provide shelter;
(C) an organization that provides--
(i) disaster or emergency social services
and assistance;
(ii) services for individuals experiencing
homelessness, including food banks and
shelters; or
(iii) assistance for children, pregnant
women, victims of crime or abuse, or
individuals with significant mental or physical
disabilities;
(D) a public assistance office, including any
Federal, State, or municipal location at which
individuals may apply for or receive unemployment
compensation or report violations of labor and
employment laws;
(E) a Federal, State, or local courthouse,
including the office of the legal counsel or
representative of an individual;
(F) a domestic violence shelter, rape crisis
center, supervised visitation center, family justice
center, or victim services provider;
(G) an office of the Social Security
Administration;
(H) a childcare facility or a school, including a
preschool, primary school, secondary school, post-
secondary school up to and including a college or
university, and any other institution of learning such
as a vocational or trade school;
(I) a church, synagogue, mosque or any other
institution of worship, such as a building rented for
the purpose of a religious service;
(J) the site of a funeral, wedding, or any other
public religious ceremony;
(K) in the case of a jurisdiction in which a
shelter-in-place order is in effect during a
coronavirus public health emergency, any business
location considered to provide an essential service,
such as a pharmacy or a grocery store; and
(L) any other location specified by the Secretary
of Homeland Security.
(b) Suspension of Adverse Immigration Actions That Deter Immigrant
Communities From Seeking Health Services in a Public Health
Emergency.--
(1) In general.--Beginning on the date on which a
coronavirus public health emergency is declared and ending on
the date that is 60 days after the date on which the
coronavirus public health emergency expires--
(A) the Secretary of Homeland Security, the
Secretary of State, and the Attorney General shall
not--
(i) implement the final rule of the
Department of Homeland Security entitled
``Inadmissibility on Public Charge Grounds''
(84 Fed. Reg. 41292 (August 14, 2019));
(ii) implement the interim final rule of
the Department of State entitled ``Visas:
Ineligibility Based on Public Charge Grounds''
(84 Fed. Reg. 54996 (October 11, 2019));
(iii) implement the proposed rule of the
Department of Justice entitled
``Inadmissibility on Public Charge Grounds''
published in the Fall 2018 Uniform Regulatory
Agenda;
(iv) conduct any enforcement action against
an individual at, or in transit to or from, a
sensitive location unless the enforcement
action is conducted pursuant to a valid
judicial warrant;
(v) detain or remove--
(I) a survivor of domestic
violence, sexual assault, or human
trafficking, or any other individual,
who has a pending application under
section 101(a)(15)(T), 101(a)(15)(U),
106, 240A(b)(2) of the Immigration and
Nationality Act (8 U.S.C.
1101(a)(15)(T), 1101(a)(15)(U), 1105a,
1229b(b)(2)) or section 244(a)(3) of
that Act (as in effect on March 31,
1997); or
(II) a VAWA self-petitioner
described in section 101(a)(51) of that
Act (8 U.S.C. 1101(a)(51)) who has a
pending application for relief under--
(aa) a provision referred
to in any of subparagraphs (A)
through (G) of that section; or
(bb) section 101(a)(27)(J)
of that Act (8 U.S.C.
1101(a)(27)(J)); and
(vi) require an individual subject to
supervision by U.S. Immigration and Customs
Enforcement to report in person.
(B) The Attorney General shall conduct fully
telephonic bond hearings and allow supporting documents
to be faxed and emailed to the appropriate clerk.
(C) The Secretary of Homeland Security, to the
extent practicable, shall stipulate to bond
determinations on written motions.
(2) Use of benefits funded by coronavirus response law.--
The Secretary of Homeland Security, the Secretary of State, and
the Attorney General shall not consider in any determination
affecting the current or future immigration status of any
individual the use of any benefit of any program or activity
funded in whole or in part by amounts made available under a
coronavirus response law.
(c) Access to COVID-19 Testing and Treatment for All Communities.--
(1) Clarification regarding emergency services for certain
individuals.--Section 1903(v)(2) of the Social Security Act (42
U.S.C. 1396b(v)(2)) is amended by adding at the end the
following flush sentence:
``For purposes of subparagraph (A), care and services described in
such subparagraph include any in vitro diagnostic product described in
section 1905(a)(3)(B) that is administered during any portion of the
emergency period described in such section beginning on or after the
date of the enactment of this sentence (and the administration of such
product), any COVID-19 vaccine that is administered during any such
portion (and the administration of such vaccine), any item or service
that is furnished during any such portion for the treatment of COVID-19
or a condition that may complicate the treatment of COVID-19, and any
services described in section 1916(a)(2)(G).''.
(2) Emergency medicaid for individuals with suspected
covid-19 infections.--Section 1903(v)(3) of the Social Security
Act (42 U.S.C. 1396b(v)(3)) is amended by striking ``means a''
and inserting ``means any concern that the individual may have
contracted COVID-19 or another.''.
(3) Treatment of assistance and services provided.--For any
period during which a coronavirus public health emergency is in
effect--
(A) the value of assistance or services provided to
any person under a program with respect to which a
coronavirus response law establishes or expands
eligibility or benefits shall not be considered income
or resources; and
(B)(i) any medical coverage or services shall be
considered treatment for an emergency medical condition
(as defined in section 1903(v)(3) of the Social
Security Act (42 U.S.C. 1396b(v)(3))) for any purpose
under any Federal, State, or local law, including law
relating to taxation, welfare, and public assistance
programs;
(ii) a participating State or political subdivision
of a State shall not decrease any assistance otherwise
provided to an individual because of the receipt of
benefits under the Social Security Act (42 U.S.C. 301
et seq.); and
(iii) assistance and services described in this
subparagraph shall be considered noncash disaster
assistance, notwithstanding the form in which the
assistance and services are provided, except that cash
received by an individual or a household may be treated
as income by any public benefit program under the rules
applicable before the date of the enactment of this
Act.
(4) Nondiscrimination.--No person shall be, on the basis of
actual or perceived immigration status, excluded from
participation in, denied the benefits of, or subject to
discrimination under, any program or activity funded in whole
or in part by amounts made available under a coronavirus
response law.
(d) Language Access and Public Outreach for Public Health.--
(1) Grants and cooperative agreements.--
(A) In general.--The Director of the Centers for
Disease Control and Prevention (referred to in this
subsection as the ``Director'') shall provide grants
to, or enter into cooperative agreements with,
community-based organizations for the purpose of
supporting culturally and linguistically appropriate
preparedness, response, and recovery activities, such
as the development of educational programs and
materials to promote screening, testing, treatment, and
public health practices.
(B) Definition of community-based organization.--In
this paragraph, the term ``community-based
organization'' means an entity that has established
relationships with hard-to-reach populations, including
racial and ethnic minorities, individuals with limited
English proficiency, and individuals with disabilities.
(2) Translation.--
(A) In general.--The Director shall provide for the
translation of materials on awareness, screening,
testing, and treatment for COVID-19 into the languages
described in the language access plan of the Federal
Emergency Management Agency dated October 1, 2016, as
the languages most frequently encountered.
(B) Public availability.--Not later than 7 days
after the date on which the materials described in
subparagraph (A) are made available to the public in
English, the Director shall ensure that the
translations required by that subparagraph are made
available to the public.
(3) Hotline.--The Director shall establish an informational
hotline line that provides, in the languages referred to in
paragraph (2)(A), information to the public directly on COVID-
19.
(4) Interagency coordination.--With respect to individuals
with limited English proficiency, the Director shall facilitate
interagency coordination among agencies activated through the
National Response Framework based on the language access
standards established under the language access plans of the
Federal Emergency Management Agency and the Department of
Health and Human Services.
(5) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection $100,000,000
for fiscal year 2022, to be available until expended.
(B) Grants and cooperative agreements.--Of the
amount authorized to be appropriated under subparagraph
(A), not less than $50,000,000 shall be made available
to carry out paragraph (1).
(e) Access to Support Measures for Vulnerable Communities.--
(1) Disaster supplemental nutrition assistance program
benefits.--The Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) is amended--
(A) in section 102(1) (42 U.S.C. 5122(1)), by
inserting ``or pandemic'' after ``catastrophe'';
(B) in section 301 (42 U.S.C. 5141), by inserting
``or an emergency due to a pandemic'' after ``major
disaster'' each place the term appears;
(C) in section 412 (42 U.S.C. 5179)--
(i) by inserting ``or an emergency due to a
pandemic'' after ``major disaster'' each place
the term appears;
(ii) in subsection (a), by inserting
``without regard to regular allotments'' before
``and to make surplus''; and
(iii) by adding at the end the following:
``(d) Assistance During a Pandemic.--In the case of an emergency
due to a pandemic, for purposes of providing benefits under this
section, the Secretary of Agriculture shall remove or delay the
requirement of an in-person interview, and if an interview occurs,
provide an alternative to the in-person interview requirement for all
applicants. Assistance shall be provided based on need and not lost
provisions.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, only
if such sums are designated by Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(i)).''; and
(D) in section 502(a) (42 U.S.C. 5192(a))--
(i) in paragraph (7), by striking ``and''
at the end;
(ii) in paragraph (8)(B), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(9) provide assistance in accordance with section 412.''.
(2) Access to benefits using individual taxpayer
identification number.--Subsection (g)(2)(A) of section 6428 of
the Internal Revenue Code of 1986, as added by section 2201 of
the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136), is amended by inserting before the period at the
end ``or a taxpayer identification number''.
(3) Extension of immigration status and employment
authorization.--
(A) In general.--Notwithstanding any other
provision of law, including the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary
of Homeland Security shall automatically extend the
immigration status and employment authorization, as
applicable, of an alien described in subparagraph (B)
for the same period for which the status and employment
authorization was initially granted.
(B) Alien described.--An alien described in this
subparagraph is an alien (as defined in section 101(a)
of the Immigration and Nationality Act (8 U.S.C.
1101(a))) whose immigration status, including
permanent, temporary, and deferred status, or whose
employment authorization--
(i) expired during the 30-day period
preceding the date of the enactment of this
Act; or
(ii) will expire not later than--
(I) one year after such date of
enactment; or
(II) 90 days after the date on
which the national emergency declared
by the President under the National
Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus
Disease 2019 (COVID-19) is rescinded.
(4) Language access.--Any agency receiving funding under a
coronavirus response law shall ensure that all programs and
opportunities made available to the general public provide
translated materials describing the programs and opportunities
into the languages described in the language access plan of the
Federal Emergency Management Agency dated October 1, 2016, as
the languages most frequently encountered.
SEC. 317213. ICE DETENTION.
(a) Reviewing ICE Detention.--During 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) with respect to
COVID-19, the Secretary of Homeland Security shall review the
immigration files of all individuals in the custody of U.S. Immigration
and Customs Enforcement to assess the need for continued detention. The
Secretary of Homeland Security shall prioritize for release on
recognizance or alternatives to detention individuals who are not
subject to mandatory detention laws, unless the individual is a threat
to public safety or national security.
(b) Access to Electronic Communications and Hygiene Products.--
During the period described in subsection (c), the Secretary of
Homeland Security shall ensure that--
(1) all individuals in the custody of U.S. Immigration and
Customs Enforcement--
(A) have access to telephonic or video
communication at no cost to the detained individual;
(B) have access to free, unmonitored telephone
calls, at any time, to contact attorneys or legal
service providers in a sufficiently private space to
protect confidentiality;
(C) are permitted to receive legal correspondence
by fax or email rather than postal mail; and
(D) are provided sufficient soap, hand sanitizer,
and other hygiene products; and
(2) nonprofit organizations providing legal orientation
programming or know-your-rights programming to individuals in
the custody of U.S. Immigration and Customs Enforcement are
permitted broad and flexible access to such individuals--
(A) to provide group presentations using remote
videoconferencing; and
(B) to schedule and provide individual orientations
using free telephone calls or remote videoconferencing.
(c) Period Described.--The period described in this subsection--
(1) begins on the first day of 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)
with respect to COVID-19; and
(2) ends 90 days after the date on which such public health
emergency terminates.
Subpart C--Contact Tracing
SEC. 317221. COVID-19 TESTING, REACHING, AND CONTACTING EVERYONE.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
may award grants to eligible entities to conduct diagnostic testing for
COVID-19, to trace and monitor the contacts of infected individuals,
and to support the quarantine of such contacts, through--
(1) mobile health units; and
(2) as necessary, testing individuals and providing
individuals with services related to testing and quarantine at
their residences.
(b) Permissible Uses of Funds.--A grant recipient under this
section may use the grant funds, in support of the activities described
in subsection (a)--
(1) to hire, train, compensate, and pay the expenses of
individuals; and
(2) to purchase personal protective equipment and other
supplies.
(c) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to--
(1) applicants proposing to conduct activities funded under
this section in hot spots and medically underserved
communities; and
(2) applicants that agree, in hiring individuals to carry
out activities funded under this section, to hire residents of
the area or community where the activities will primarily
occur, with higher priority among applicants described in this
paragraph given based on the percentage of individuals to be
hired from such area or community.
(d) Distribution.--In selecting grant recipients under this
section, the Secretary shall ensure that grants are distributed across
urban and rural areas.
(e) Federal Privacy Requirements.--Nothing in this section shall be
construed to supersede any Federal privacy or confidentiality
requirement, including the regulations promulgated under section 264(c)
of the Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191; 110 Stat. 2033) and section 543 of the Public
Health Service Act (42 U.S.C. 290dd-2).
(f) Definitions.--In this section:
(1) The term ``eligible entity'' means--
(A) a Federally qualified health center (as defined
in section 1861(aa) of the Social Security Act (42
U.S.C. 1395x(aa)));
(B) a school-based health clinic;
(C) a disproportionate share hospital (as defined
under the applicable State plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) pursuant
to section 1923(a)(1)(A) of such Act (42 U.S.C. 1396r-
4));
(D) an academic medical center;
(E) a nonprofit organization (including any such
faith-based organization);
(F) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001));
(G) a high school (as defined in section 8101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801));
(H) any Tribal organization including the Indian
Health Service and Native American servicing
facilities; or
(I) any other type of entity that is determined by
the Secretary to be an eligible entity for purposes of
this section.
(2) The term ``emergency period'' has the meaning given to
that term in section 1135(g)(1)(B) of the Social Security Act
(42 U.S.C. 1320b-5(g)(1)(B)).
(3) The term ``hot spot'' means a geographic area where the
rate of infection with the virus that causes COVID-19 exceeds
the national average.
(4) The term ``medically underserved community'' has the
meaning given to that term in section 799B of the Public Health
Service Act (42 U.S.C. 295p).
(5) The term ``Secretary'' means the Secretary of Health
and Human Services.
(g) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
(1) $100,000,000,000 for fiscal year 2022; and
(2) such sums as may be necessary for each of fiscal year
2022 and any subsequent fiscal year during which the emergency
period continues.
SEC. 317222. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING,
SURVEILLANCE, CONTAINMENT, AND MITIGATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention, and in
coordination with State, local, Tribal, and territorial health
departments, shall establish and implement a nationwide evidence-based
system for--
(1) testing, contact tracing, surveillance, containment,
and mitigation with respect to COVID-19;
(2) offering guidance on voluntary isolation and quarantine
of individuals infected with, or exposed to individuals
infected with, the virus that causes COVID-19; and
(3) public reporting on testing, contact tracing,
surveillance, and voluntary isolation and quarantine activities
with respect to COVID-19.
(b) Coordination; Technical Assistance.--In carrying out the
national system under this section, the Secretary shall--
(1) coordinate State, local, Tribal, and territorial
activities related to testing, contact tracing, surveillance,
containment, and mitigation with respect to COVID-19, as
appropriate; and
(2) provide technical assistance for such activities, as
appropriate.
(c) Consideration.--In establishing and implementing the national
system under this section, the Secretary shall take into
consideration--
(1) the State plans referred to in the heading ``Public
Health and Social Services Emergency Fund'' in title I of
division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139); and
(2) the testing strategy submitted under section 317211.
(d) Reporting.--The Secretary shall--
(1) not later than December 31, 2021, submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor
and Pensions a preliminary report on the effectiveness of the
activities carried out pursuant to this subpart; and
(2) not later than December 21, 2022, submit to such
committees a final report on such effectiveness.
SEC. 317223. GRANTS.
(a) In General.--To implement the national system under section
317222, the Secretary of Health and Human Services (referred to in this
section as the ``Secretary''), acting through the Director of the
Centers for Disease Control and Prevention, shall, subject to the
availability of appropriations, award grants to State, local, Tribal,
and territorial health departments that seek grants under this section
to carry out coordinated testing, contact tracing, surveillance,
containment, and mitigation with respect to COVID-19, including--
(1) diagnostic and surveillance testing and reporting;
(2) community-based contact tracing efforts; and
(3) policies related to voluntary isolation and quarantine
of individuals infected with, or exposed to individuals
infected with, the virus that causes COVID-19.
(b) Flexibility.--The Secretary shall ensure that--
(1) the grants under subsection (a) provide flexibility for
State, local, Tribal, and territorial health departments to
modify, establish, or maintain evidence-based systems; and
(2) local health departments receive funding from State
health departments or directly from the Centers for Disease
Control and Prevention to contribute to such systems, as
appropriate.
(c) Allocations.--
(1) Formula.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall allocate
amounts made available pursuant to subsection (a) in accordance
with a formula to be established by the Secretary that provides
a minimum level of funding to each State, local, Tribal, and
territorial health department that seeks a grant under this
section and allocates additional funding based on the following
prioritization:
(A) The Secretary shall give highest priority to
applicants proposing to serve populations in one or
more geographic regions with a high burden of COVID-19
based on data provided by the Centers for Disease
Control and Prevention, or other sources as determined
by the Secretary.
(B) The Secretary shall give second highest
priority to applicants preparing for, or currently
working to mitigate, a COVID-19 surge in a geographic
region that does not yet have a high number of reported
cases of COVID-19 based on data provided by the Centers
for Disease Control and Prevention, or other sources as
determined by the Secretary.
(C) The Secretary shall give third highest priority
to applicants proposing to serve high numbers of low-
income and uninsured populations, including medically
underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))), health professional shortage areas (as
defined under section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a))), racial and ethnic
minorities, or geographically diverse areas, as
determined by the Secretary.
(2) Notification.--Not later than the date that is one week
before first awarding grants under this section, the Secretary
shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate a notification
detailing the formula established under paragraph (1) for
allocating amounts made available pursuant to subsection (a).
(d) Use of Funds.--A State, local, Tribal, and territorial health
department receiving a grant under this section shall, to the extent
possible, use the grant funds for the following activities, or other
activities deemed appropriate by the Director of the Centers for
Disease Control and Prevention:
(1) Testing.--To implement a coordinated testing system
that--
(A) leverages or modernizes existing testing
infrastructure and capacity;
(B) is consistent with the updated testing strategy
required under section 317211;
(C) is coordinated with the State plan for COVID-19
testing prepared as required under the heading
``Department of Health and Human Services--Office of
the Secretary--Public Health and Social Service
Emergency Fund'' in title I of division B of the
Paycheck Protection Program and Health Care Enhancement
Act (Public Law 116-139; 134 Stat. 620, 624);
(D) is informed by contact tracing and surveillance
activities under this subpart;
(E) is informed by guidelines established by the
Centers for Disease Control and Prevention for which
populations should be tested;
(F) identifies how diagnostic and serological tests
in such system shall be validated prior to use;
(G) identifies how diagnostic and serological tests
and testing supplies will be distributed to implement
such system;
(H) identifies specific strategies for ensuring
testing capabilities and accessibility in medically
underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))), health professional shortage areas (as
defined under section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a))), racial and ethnic
minority populations, and geographically diverse areas,
as determined by the Secretary;
(I) identifies how testing may be used, and results
may be reported, in both health care settings (such as
hospitals, laboratories for moderate or high-complexity
testing, pharmacies, mobile testing units, and
community health centers) and non-health care settings
(such as workplaces, schools, childcare centers, or
drive-throughs);
(J) allows for testing in sentinel surveillance
programs, as appropriate; and
(K) supports the procurement and distribution of
diagnostic and serological tests and testing supplies
to meet the goals of the system.
(2) Contact tracing.--To implement a coordinated contact
tracing system that--
(A) leverages or modernizes existing contact
tracing systems and capabilities, including community
health workers, health departments, and Federally
qualified health centers;
(B) is able to investigate cases of COVID-19, and
help to identify other potential cases of COVID-19,
through tracing contacts of individuals with positive
diagnoses;
(C) establishes culturally competent and
multilingual strategies for contact tracing, which may
include consultation with and support for cultural or
civic organizations with established ties to the
community;
(D) provides individuals identified under the
contact tracing program with information and support
for containment or mitigation;
(E) enables State, local, Tribal, and territorial
health departments to work with a nongovernmental,
community partner or partners and State and local
workforce development systems (as defined in section
3(67) of Workforce Innovation and Opportunity Act (29
U.S.C. 3102(67))) receiving grants under section
317224(b) of this subtitle to hire and compensate a
locally-sourced contact tracing workforce, if
necessary, to supplement the public health workforce,
to--
(i) identify the number of contact tracers
needed for the respective State, locality,
territorial, or Tribal health department to
identify all cases of COVID-19 currently in the
jurisdiction and those anticipated to emerge
over the next 18 months in such jurisdiction;
(ii) outline qualifications necessary for
contact tracers;
(iii) train the existing and newly hired
public health workforce on best practices
related to tracing close contacts of
individuals diagnosed with COVID-19, including
the protection of individual privacy and
cybersecurity protection; and
(iv) equip the public health workforce with
tools and resources to enable a rapid response
to new cases;
(F) identifies the level of contact tracing needed
within the State, locality, territory, or Tribal area
to contain and mitigate the transmission of COVID-19;
(G) establishes statewide mechanisms to integrate
regular evaluation to the Centers for Disease Control
and Prevention regarding contact tracing efforts, makes
such evaluation publicly available, and to the extent
possible provides for such evaluation at the county
level; and
(H) identifies specific strategies for ensuring
contact tracing activities in medically underserved
populations (as defined in section 330(b)(3) of the
Public Health Service Act (42 U.S.C. 254b(b)(3))),
health professional shortage areas (as defined under
section 332(a) of the Public Health Service Act (42
U.S.C. 254e(a))), racial and ethnic minority
populations, and geographically diverse areas, as
determined by the Secretary.
(3) Surveillance.--To strengthen the existing public health
surveillance system that--
(A) leverages or modernizes existing surveillance
systems within the respective State, local, Tribal, or
territorial health department and national surveillance
systems;
(B) detects and identifies trends in COVID-19 at
the county level;
(C) evaluates State, local, Tribal, and territorial
health departments in achieving surveillance
capabilities with respect to COVID-19;
(D) integrates and improves disease surveillance
and immunization tracking; and
(E) identifies specific strategies for ensuring
disease surveillance in medically underserved
populations (as defined in section 330(b)(3) of the
Public Health Service Act (42 U.S.C. 254b(b)(3))),
health professional shortage areas (as defined under
section 332(a) of the Public Health Service Act (42
U.S.C. 254e(a))), racial and ethnic minority
populations, and geographically diverse areas, as
determined by the Secretary.
(4) Containment and mitigation.--To implement a coordinated
containment and mitigation system that--
(A) leverages or modernizes existing containment
and mitigation strategies within the respective State,
local, Tribal, or territorial governments and national
containment and mitigation strategies;
(B) may provide for, connect to, and leverage
existing social services and support for individuals
who have been infected with or exposed to COVID-19 and
who are isolated or quarantined in their homes, such as
through--
(i) food assistance programs;
(ii) guidance for household infection
control;
(iii) information and assistance with
childcare services; and
(iv) information and assistance pertaining
to support available under the CARES Act
(Public Law 116-136) and this subtitle;
(C) provides guidance on the establishment of safe,
high-quality, facilities for the voluntary isolation of
individuals infected with, or quarantine of the
contacts of individuals exposed to COVID-19, where
hospitalization is not required, which facilities
should--
(i) be prohibited from making inquiries
relating to the citizenship status of an
individual isolated or quarantined; and
(ii) be operated by a non-Federal,
community partner or partners that--
(I) have previously established
relationships in localities;
(II) work with local places of
worship, community centers, medical
facilities, and schools to recruit
local staff for such facilities; and
(III) are fully integrated into
State, local, Tribal, or territorial
containment and mitigation efforts; and
(D) identifies specific strategies for ensuring
containment and mitigation activities in medically
underserved populations (as defined in section
330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))), health professional shortage areas (as
defined under section 332(a) of the Public Health
Service Act (42 U.S.C. 254e(a))), racial and ethnic
minority populations, and geographically diverse areas,
as determined by the Secretary.
(e) Reporting.--The Secretary shall facilitate mechanisms for
timely, standardized reporting by grantees under this section regarding
implementation of the systems established under this section and
coordinated processes with the reporting as required and under the
heading ``Department of Health and Human Services--Office of the
Secretary--Public Health and Social Service Emergency Fund'' in title I
of division B of the Paycheck Protection Program and Health Care
Enhancement Act (Public Law 116-139, 134 Stat. 620), including--
(1) a summary of county or local health department level
information from the States receiving funding, and information
from directly funded localities, territories, and Tribal
entities, about the activities that will be undertaken using
funding awarded under this section, including subgrants;
(2) any anticipated shortages of required materials for
testing for COVID-19 under subsection (a); and
(3) other barriers in the prevention, mitigation, or
treatment of COVID-19 under this section.
(f) Public Listing of Awards.--The Secretary shall--
(1) not later than 7 days after first awarding grants under
this section, post in a searchable, electronic format a list of
all awards made by the Secretary under this section, including
the recipients and amounts of such awards; and
(2) update such list not less than every 7 days until all
funds made available to carry out this section are expended.
SEC. 317224. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise provided, the terms in
this section have the meanings given the terms in section 3 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(2) Apprenticeship; apprenticeship program.--The term
``apprenticeship'' or ``apprenticeship program'' means an
apprenticeship program registered 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
any requirement, standard, or rule promulgated under such Act,
as such requirement, standard, or rule was in effect on
December 30, 2019.
(3) Contact tracing and related positions.--The term
``contact tracing and related positions'' means employment
related to contact tracing, surveillance, containment, and
mitigation activities as described in paragraphs (2), (3), and
(4) of section 317223(d).
(4) Eligible entity.--The term ``eligible entity'' means--
(A) a State or territory, including the District of
Columbia and Puerto Rico;
(B) an Indian Tribe, Tribal organization, Alaska
Native entity, Indian-controlled organizations serving
Indians, or Native Hawaiian organizations;
(C) an outlying area; or
(D) a local board, if an eligible entity under
subparagraphs (A) through (C) has not applied with
respect to the area over which the local board has
jurisdiction as of the date on which the local board
submits an application under subsection (c).
(5) Eligible individual.--Notwithstanding section 170(b)(2)
of the Workforce Innovation and Opportunity Act (29 U.S.C.
3225(b)(2)), the term ``eligible individual'' means an
individual seeking or securing employment in contact tracing
and related positions and served by an eligible entity or
community-based organization receiving funding under this
section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(b) Grants.--
(1) In general.--Subject to the availability of
appropriations under subsection (g), the Secretary shall award
national dislocated worker grants under section 170(b)(1)(B) of
the Workforce Innovation and Opportunity Act (29 U.S.C.
3225(b)(1)(B)) to each eligible entity that seeks a grant to
assist local boards and community-based organizations in
carrying out activities under subsections (f) and (d),
respectively, for the following purposes:
(A) To support the recruitment, placement, and
training, as applicable, of eligible individuals
seeking employment in contact tracing and related
positions in accordance with the national system for
COVID-19 testing, contact tracing, surveillance,
containment, and mitigation established under section
317222.
(B) To assist with the employment transition to new
employment or education and training of individuals
employed under this section in preparation for and upon
termination of such employment.
(2) Timeline.--The Secretary of Labor shall--
(A) issue application requirements under subsection
(c) not later than 10 days after the date of enactment
of this section; and
(B) award grants to an eligible entity under
paragraph (1) not later than 10 days after the date on
which the Secretary receives an application from such
entity.
(c) Grant Application.--An eligible entity applying for a grant
under this section shall submit an application to the Secretary, at
such time and in such form and manner as the Secretary may reasonably
require, which shall include a description of--
(1) how the eligible entity will support the recruitment,
placement, and training, as applicable, of eligible individuals
seeking employment in contact tracing and related positions by
partnering with--
(A) a State, local, Tribal, or territorial health
department; or
(B) one or more nonprofit or community-based
organizations partnering with such health departments;
(2) how the activities described in paragraph (1) will
support State efforts to address the demand for contact tracing
and related positions with respect to--
(A) the State plans referred to in the heading
``Public Health and Social Services Emergency Fund'' in
title I of division B of the Paycheck Protection
Program and Health Care Enhancement Act (Public Law
116-139);
(B) the testing strategy submitted under section
317211; and
(C) the number of eligible individuals that the
State plans to recruit and train under the plans and
strategies described in subparagraphs (A) and (B);
(3) the specific strategies for recruiting and placement of
eligible individuals from or residing within the communities in
which they will work, including--
(A) plans for the recruitment of eligible
individuals to serve as contact tracers and related
positions, including dislocated workers, individuals
with barriers to employment, veterans, new entrants in
the workforce, or underemployed or furloughed workers,
who are from or reside in or near the local area in
which they will serve, and who, to the extent
practicable--
(i) have experience or a background in
industry-sectors and occupations such as public
health, social services, customer service, case
management, or occupations that require related
qualifications, skills, or competencies, such
as strong interpersonal and communication
skills, needed for contact tracing and related
positions, as described in section
317223(d)(2)(E)(ii); or
(ii) seek to transition to public health
and public health related occupations upon the
conclusion of employment in contact tracing and
related positions; and
(B) how such strategies will take into account the
diversity of such community, including racial, ethnic,
socioeconomic, linguistic, or geographic diversity;
(4) the amount, timing, and mechanisms for distribution of
funds provided to local boards or through subgrants as
described in subsection (d);
(5) for eligible entities described in subparagraphs (A)
through (C) of subsection (a)(4), a description of how the
eligible entity will ensure the equitable distribution of funds
with respect to--
(A) geography (such as urban and rural
distribution);
(B) medically underserved populations (as defined
in section 33(b)(3) of the Public Health Service Act
(42 U.S.C. 254b(b)));
(C) health professional shortage areas (as defined
under section 332(a) of the Public Health Service Act
(42 U.S.C. 254e(a))); and
(D) the racial and ethnic diversity of the area;
and
(6) for eligible entities who are local boards, a
description of how a grant to such eligible entity would serve
the equitable distribution of funds as described in paragraph
(5).
(d) Subgrant Authorization and Application Process.--
(1) In general.--An eligible entity may award a subgrant to
one or more community-based organizations for the purposes of
partnering with a State or local board to conduct outreach and
education activities to inform potentially eligible individuals
about employment opportunities in contact tracing and related
positions.
(2) Application.--A community-based organization shall
submit an application at such time and in such manner as the
eligible entity may reasonably require, including--
(A) a demonstration of the community-based
organization's established expertise and effectiveness
in community outreach in the local area that such
organization plans to serve;
(B) a demonstration of the community-based
organization's expertise in providing employment or
public health information to the local areas in which
such organization plans to serve; and
(C) a description of the expertise of the
community-based organization in utilizing culturally
competent and multilingual strategies in the provision
of services.
(e) Grant Distribution.--
(1) Federal distribution.--
(A) Use of funds.-- The Secretary of Labor shall
use the funds appropriated to carry out this section as
follows:
(i) Subject to clause (ii), the Secretary
shall distribute funds among eligible entities
in accordance with a formula to be established
by the Secretary that provides a minimum level
of funding to each eligible entity that seeks a
grant under this section and allocates
additional funding as follows:
(I) The formula shall give first
priority based on the number and
proportion of contact tracing and
related positions that the State plans
to recruit, place, and train
individuals as a part of the State
strategy described in subsection
(c)(2)(A).
(II) Subject to subclause (I), the
formula shall give priority in
accordance with section 317223(c).
(ii) Not more than 2 percent of the funding
for administration of the grants and for
providing technical assistance to recipients of
funds under this section.
(B) Equitable distribution.--If the geographic
region served by one or more eligible entities
overlaps, the Secretary shall distribute funds among
such entities in such a manner that ensures equitable
distribution with respect to the factors under
subsection (c)(5).
(2) Eligible entity use of funds.--An eligible entity
described in subparagraphs (A) through (C) of subsection
(a)(4)--
(A) shall, not later than 30 days after the date on
which the entity receives grant funds under this
section, provide not less than 70 percent of grant
funds to local boards for the purpose of carrying out
activities in subsection (f);
(B) may use up to 20 percent of such funds to make
subgrants to community-based organizations in the
service area to conduct outreach, to potential eligible
individuals, as described in subsection (d);
(C) in providing funds to local boards and awarding
subgrants under this subsection shall ensure the
equitable distribution with respect to the factors
described in subsection (c)(5); and
(D) may use not more than 10 percent of the funds
awarded under this section for the administrative costs
of carrying out the grant and for providing technical
assistance to local boards and community-based
organizations.
(3) Local board use of funds.--A local board, or an
eligible entity that is a local board, shall use--
(A) not less than 60 percent of the funds for
recruitment and training for COVID-19 testing, contact
tracing, surveillance, containment, and mitigation
established under section 317222;
(B) not less than 30 of the funds to support the
transition of individuals hired as contact tracers and
related positions into an education or training
program, or unsubsidized employment upon completion of
such positions; and
(C) not more than 10 percent of the funds for
administrative costs.
(f) Eligible Activities.--The State or local boards shall use funds
awarded under this section to support the recruitment and placement of
eligible individuals, training and employment transition as related to
contact tracing and related positions, and for the following
activities:
(1) Establishing or expanding partnerships with--
(A) State, local, Tribal, and territorial public
health departments;
(B) community-based health providers, including
community health centers and rural health clinics;
(C) labor organizations or joint labor management
organizations;
(D) two-year and four-year institutions of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), including
institutions eligible to receive funds under section
371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)); and
(E) community action agencies or other community-
based organizations serving local areas in which there
is a demand for contact tracing and related positions.
(2) Providing training for contact tracing and related
positions in coordination with State, local, Tribal, or
territorial health departments that is consistent with the
State or territorial testing and contact tracing strategy, and
ensuring that eligible individuals receive compensation while
participating in such training.
(3) Providing eligible individuals with--
(A) adequate and safe equipment, environments, and
facilities for training and supervision, as applicable;
(B) information regarding the wages and benefits
related to contact tracing and related positions, as
compared to State, local, and national averages;
(C) supplies and equipment needed by the eligible
individuals to support placement of an individual in
contact tracing and related positions, as applicable;
(D) an individualized employment plan for each
eligible individual, as applicable--
(i) in coordination with the entity
employing the eligible individual in a contact
tracing and related positions; and
(ii) which shall include providing a case
manager to work with each eligible individual
to develop the plan, which may include--
(I) identifying employment and
career goals, and setting appropriate
achievement objectives to attain such
goals; and
(II) exploring career pathways that
lead to in-demand industries and
sectors, including in public health and
related occupations; and
(E) services for the period during which the
eligible individual is employed in a contact tracing
and related position to ensure job retention, which may
include--
(i) supportive services throughout the term
of employment;
(ii) a continuation of skills training as
related to employment in contact tracing and
related positions, that is conducted in
collaboration with the employers of such
individuals;
(iii) mentorship services and job retention
support for eligible individuals; or
(iv) targeted training for managers and
workers working with eligible individuals (such
as mentors), and human resource
representatives;
(4) Supporting the transition and placement in unsubsidized
employment for eligible individuals serving in contact tracing
and related positions after such positions are no longer
necessary in the State or local area, including--
(A) any additional training and employment
activities as described in section 170(d)(4) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3225(d)(4));
(B) developing the appropriate combination of
services to enable the eligible individual to achieve
the employment and career goals identified under
paragraph (3)(D)(ii)(I); and
(C) services to assist eligible individuals in
maintaining employment for not less than 12 months
after the completion of employment in contact tracing
and related positions, as appropriate.
(5) Any other activities as described in subsections (a)(3)
and (b) of section 134 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174).
(g) Limitation.--Notwithstanding section 170(d)(3)(A) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a
person may be employed in a contact tracing and related positions using
funds under this section for a period not greater than 2 years.
(h) Reporting by the Department of Labor.--
(1) In general.--Not later than 120 days of the enactment
of this Act, and once grant funds have been expended under this
section, the Secretary shall report 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 make publicly available a report containing a
description of--
(A) the number of eligible individuals recruited,
hired, and trained in contact tracing and related
positions;
(B) the number of individuals successfully
transitioned to unsubsidized employment or training at
the completion of employment in contact tracing and
related positions using funds under this subpart;
(C) the number of such individuals who were
unemployed prior to being hired, trained, or deployed
as described in paragraph (1);
(D) the performance of each program supported by
funds under this subpart with respect to the indicators
of performance under section 116 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141), as
applicable;
(E) the number of individuals in unsubsidized
employment within six months and 1 year, respectively,
of the conclusion of employment in contact tracing and
related positions and, of those, the number of
individuals within a State, territorial, or local
public health department in an occupation related to
public health;
(F) any information on how eligible entities, local
boards, or community-based organizations that received
funding under this subsection were able to support the
goals of the national system for COVID-19 testing,
contact tracing, surveillance, containment, and
mitigation established under section 317222 of this
subtitle; and
(G) best practices for improving and increasing the
transition of individuals employed in contract tracing
and related positions to unsubsidized employment.
(2) Disaggregation.--All data reported under paragraph (1)
shall be disaggregated by race, ethnicity, sex, age, and, with
respect to individuals with barriers to employment,
subpopulation of such individuals, except for when the number
of participants in a category is insufficient to yield
statistically reliable information or when the results would
reveal personally identifiable information about an individual
participant.
(i) Special Rule.--Any funds used for programs under this section
that are used to fund an apprenticeship or apprenticeship program shall
only be used for, or provided to, an apprenticeship or apprenticeship
program that meets the definition of such term subsection (a) of this
section, including any funds awarded for the purposes of grants,
contracts, or cooperative agreements, or the development,
implementation, or administration, of an apprenticeship or an
apprenticeship program.
(j) Information Sharing Requirement for HHS.--The Secretary of
Health and Human Services, acting through the Director of the Centers
for Disease Control and Prevention, shall provide the Secretary of
Labor, acting through the Assistant Secretary of the Employment and
Training Administration, with information on grants under section
317223, including--
(1) the formula used to award such grants to State, local,
Tribal, and territorial health departments;
(2) the dollar amounts of and scope of the work funded
under such grants;
(3) the geographic areas served by eligible entities that
receive such grants; and
(4) the number of contact tracers and related positions to
be hired using such grants.
(k) Authorization of Appropriations.--Of the amounts appropriated
to carry out this subpart, $500,000,000 shall be used by the Secretary
of Labor to carry out subsections (a) through (h) of this section.
PART 3--FREE TREATMENT FOR ALL AMERICANS
SEC. 317301. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE AND
TREATMENT.
(a) Medicaid.--
(1) In general.--Section 1905(a)(4) of the Social Security
Act (42 U.S.C. 1396d(a)(4)) is amended--
(A) by striking ``and (D)'' and inserting ``(D)'';
and
(B) by striking the semicolon at the end and
inserting ``; (E) during the portion of the emergency
period described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of The Heroes
Act, a COVID-19 vaccine licensed under section 351 of
the Public Health Service Act, or approved or
authorized under sections 505 or 564 of the Federal
Food, Drug, and Cosmetic Act, and administration of the
vaccine; and (F) during such portion of the emergency
period described in paragraph (1)(B) of section
1135(g), items or services for the prevention or
treatment of COVID-19, including drugs approved or
authorized under such section 505 or such section 564
or, without regard to the requirements of section
1902(a)(10)(B) (relating to comparability), in the case
of an individual who is diagnosed with or presumed to
have COVID-19, during such portion of such emergency
period during which such individual is infected (or
presumed infected) with COVID-19, the treatment of a
condition that may complicate the treatment of COVID-
19;''.
(2) Prohibition of cost sharing.--
(A) In general.--Subsections (a)(2) and (b)(2) of
section 1916 of the Social Security Act (42 U.S.C.
1396o) are each amended--
(i) in subparagraph (F), by striking ``or''
at the end;
(ii) in subparagraph (G), by striking ``;
and'' and inserting ``;''; and
(iii) by adding at the end the following
subparagraphs:
``(H) during the portion of the emergency period
described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of this
subparagraph, a COVID-19 vaccine licensed under section
351 of the Public Health Service Act, or approved or
authorized under section 505 or 564 of the Federal
Food, Drug, and Cosmetic Act, and the administration of
such vaccine; or
``(I) during such portion of the emergency period
described in paragraph (1)(B) of section 1135(g), any
item or service furnished for the treatment of COVID-
19, including drugs approved or authorized under such
section 505 or such section 564 or, in the case of an
individual who is diagnosed with or presumed to have
COVID-19, during the portion of such emergency period
during which such individual is infected (or presumed
infected) with COVID-19, the treatment of a condition
that may complicate the treatment of COVID-19; and''.
(B) Application to alternative cost sharing.--
Section 1916A(b)(3)(B) of the Social Security Act (42
U.S.C. 1396o-1(b)(3)(B)) is amended--
(i) in clause (xi), by striking ``any
visit'' and inserting ``any service''; and
(ii) by adding at the end the following
clauses:
``(xii) During the portion of the emergency
period described in paragraph (1)(B) of section
1135(g) beginning on the date of the enactment
of this clause, a COVID-19 vaccine licensed
under section 351 of the Public Health Service
Act, or approved or authorized under section
505 or 564 of the Federal Food, Drug, and
Cosmetic Act, and the administration of such
vaccine.
``(xiii) During such portion of the
emergency period described in paragraph (1)(B)
of section 1135(g), an item or service
furnished for the treatment of COVID-19,
including drugs approved or authorized under
such section 505 or such section 564 or, in the
case of an individual who is diagnosed with or
presumed to have COVID-19, during such portion
of such emergency period during which such
individual is infected (or presumed infected)
with COVID-19, the treatment of a condition
that may complicate the treatment of COVID-
19.''.
(C) Clarification.--The amendments made by this
subsection shall apply with respect to a State plan of
a territory in the same manner as a State plan of one
of the 50 States.
(b) State Pediatric Vaccine Distribution Program.--Section 1928 of
the Social Security Act (42 U.S.C. 1396s) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following
subparagraph:
``(C) during the portion of the emergency period
described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of this
subparagraph, each vaccine-eligible child (as defined
in subsection (b)) is entitled to receive a COVID-19
vaccine from a program-registered provider (as defined
in subsection (h)(7)) without charge for--
``(i) the cost of such vaccine; or
``(ii) the administration of such
vaccine.'';
(2) in subsection (c)(2)--
(A) in subparagraph (C)(ii), by inserting ``, but,
during the portion of the emergency period described in
paragraph (1)(B) of section 1135(g) beginning on the
date of the enactment of The Heroes Act, may not impose
a fee for the administration of a COVID-19 vaccine''
before the period; and
(B) by adding at the end the following
subparagraph:
``(D) The provider will provide and administer an
approved COVID-19 vaccine to a vaccine-eligible child
in accordance with the same requirements as apply under
the preceding subparagraphs to the provision and
administration of a qualified pediatric vaccine to such
a child.''; and
(3) in subsection (d)(1), in the first sentence, by
inserting ``, including, during the portion of the emergency
period described in paragraph (1)(B) of section 1135(g)
beginning on the date of the enactment of The Heroes Act, with
respect to a COVID-19 vaccine licensed under section 351 of the
Public Health Service Act, or approved or authorized under
section 505 or 564 of the Federal Food, Drug, and Cosmetic
Act'' before the period.
(c) CHIP.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended by adding at the end the
following paragraph:
``(11) Coverage of covid-19 vaccines and treatment.--
Regardless of the type of coverage elected by a State under
subsection (a), child health assistance provided under such
coverage for targeted low-income children and, in the case that
the State elects to provide pregnancy-related assistance under
such coverage pursuant to section 2112, such pregnancy-related
assistance for targeted low-income pregnant women (as defined
in section 2112(d)) shall include coverage, during the portion
of the emergency period described in paragraph (1)(B) of
section 1135(g) beginning on the date of the enactment of this
paragraph, of--
``(A) a COVID-19 vaccine licensed under section 351
of the Public Health Service Act, or approved or
authorized under section 505 or 564 of the Federal
Food, Drug, and Cosmetic Act, and the administration of
such vaccine; and
``(B) any item or service furnished for the
treatment of COVID-19, including drugs approved or
authorized under such section 505 or such section 564,
or, in the case of an individual who is diagnosed with
or presumed to have COVID-19, during the portion of
such emergency period during which such individual is
infected (or presumed infected) with COVID-19, the
treatment of a condition that may complicate the
treatment of COVID-19.''.
(2) Prohibition of cost sharing.--Section 2103(e)(2) of the
Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by
section 6004(b)(3) of the Families First Coronavirus Response
Act, is amended--
(A) in the paragraph header, by inserting ``a
covid-19 vaccine, covid-19 treatment,'' before ``or
pregnancy-related assistance''; and
(B) by striking ``visits described in section
1916(a)(2)(G), or'' and inserting ``services described
in section 1916(a)(2)(G), vaccines described in section
1916(a)(2)(H) administered during the portion of the
emergency period described in paragraph (1)(B) of
section 1135(g) beginning on the date of the enactment
of The Heroes Act, items or services described in
section 1916(a)(2)(I) furnished during such emergency
period, or''.
(d) Conforming Amendments.--Section 1937 of the Social Security Act
(42 U.S.C. 1396u-7) is amended--
(1) in subsection (a)(1)(B), by inserting ``, under
subclause (XXIII) of section 1902(a)(10)(A)(ii),'' after
``section 1902(a)(10)(A)(i)''; and
(2) in subsection (b)(5), by adding before the period the
following: ``, and, effective on the date of the enactment of
The Heroes Act, must comply with subparagraphs (F) through (I)
of subsections (a)(2) and (b)(2) of section 1916 and subsection
(b)(3)(B) of section 1916A''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply with
respect to a COVID-19 vaccine beginning on the date that such vaccine
is licensed under section 351 of the Public Health Service Act (42
U.S.C. 262), or approved or authorized under section 505 or 564 of the
Federal Food, Drug, and Cosmetic Act.
SEC. 317302. OPTIONAL COVERAGE AT NO COST SHARING OF COVID-19 TREATMENT
AND VACCINES UNDER MEDICAID FOR UNINSURED INDIVIDUALS.
(a) In General.--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 ``and any visit described in section 1916(a)(2)(G)''
and inserting the following: ``, any COVID-19 vaccine that is
administered during any such portion (and the administration of such
vaccine), any item or service that is furnished during any such portion
for the treatment of COVID-19, including drugs approved or authorized
under section 505 or 564 of the Federal Food, Drug, and Cosmetic Act,
or, in the case of an individual who is diagnosed with or presumed to
have COVID-19, during the period such individual is infected (or
presumed infected) with COVID-19, the treatment of a condition that may
complicate the treatment of COVID-19, and any services described in
section 1916(a)(2)(G)''.
(b) Definition of Uninsured Individual.--
(1) In general.--Subsection (ss) of section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended to read as
follows:
``(ss) Uninsured Individual Defined.--For purposes of this section,
the term `uninsured individual' means, notwithstanding any other
provision of this title, any individual who is not covered by minimum
essential coverage (as defined in section 5000A(f)(1) of the Internal
Revenue Code of 1986).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect and apply as if included in the enactment of
the Families First Coronavirus Response Act (Public Law 116-
127).
(c) Clarification Regarding Emergency Services for Certain
Individuals.--Section 1903(v)(2) of the Social Security Act (42 U.S.C.
1396b(v)(2)) is amended by adding at the end the following flush
sentence:
``For purposes of subparagraph (A), care and services described
in such subparagraph include any in vitro diagnostic product
described in section 1905(a)(3)(B) (and the administration of
such product), any COVID-19 vaccine (and the administration of
such vaccine), any item or service that is furnished for the
treatment of COVID-19, including drugs approved or authorized
under section 505 or 564 of the Federal Food, Drug, and
Cosmetic Act, or a condition that may complicate the treatment
of COVID-19, and any services described in section
1916(a)(2)(G).''.
(d) Inclusion of COVID-19 Concern as an Emergency Condition.--
Section 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3))
is amended by adding at the end the following flush sentence:
``Such term includes any indication that an alien described in
paragraph (1) may have contracted COVID-19.''.
SEC. 317303. COVERAGE OF TREATMENTS FOR COVID-19 AT NO COST SHARING
UNDER THE MEDICARE ADVANTAGE PROGRAM.
(a) In General.--Section 1852(a)(1)(B) of the Social Security Act
(42 U.S.C. 1395w-22(a)(1)(B)) is amended by adding at the end the
following new clause:
``(vii) Special coverage rules for
specified covid-19 treatment services.--
Notwithstanding clause (i), in the case of a
specified COVID-19 treatment service (as
defined in section 30201(b) of The Heroes Act)
that is furnished during a plan year occurring
during any portion of the emergency period
defined in section 1135(g)(1)(B) beginning on
or after the date of the enactment of this
clause, a Medicare Advantage plan may not, with
respect to such service, impose--
``(I) any cost-sharing requirement
(including a deductible, copayment, or
coinsurance requirement); and
``(II) in the case such service is
a critical specified COVID-19 treatment
service (including ventilator services
and intensive care unit services), any
prior authorization or other
utilization management requirement.
A Medicare Advantage plan may not take the
application of this clause into account for
purposes of a bid amount submitted by such plan
under section 1854(a)(6).''.
(b) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 317304. REQUIRING COVERAGE UNDER MEDICARE PDPS AND MA-PD PLANS,
WITHOUT THE IMPOSITION OF COST SHARING OR UTILIZATION
MANAGEMENT REQUIREMENTS, OF DRUGS INTENDED TO TREAT
COVID-19 DURING CERTAIN EMERGENCIES.
(a) Coverage Requirement.--Section 1860D-4(b)(3) of the Social
Security Act (42 U.S.C. 1395w-104(b)(3)) is amended by adding at the
end the following new subparagraph:
``(I) Required inclusion of drugs intended to treat
covid-19.--
``(i) In general.--Notwithstanding any
other provision of law, a PDP sponsor offering
a prescription drug plan shall, with respect to
a plan year, any portion of which occurs during
the period described in clause (ii), be
required to--
``(I) include in any formulary--
``(aa) all covered part D
drugs with a medically accepted
indication (as defined in
section 1860D-2(e)(4)) to treat
COVID-19 that are marketed in
the United States; and
``(bb) all drugs authorized
under section 564 or 564A of
the Federal Food, Drug, and
Cosmetic Act to treat COVID-19;
and
``(II) not impose any prior
authorization or other utilization
management requirement with respect to
such drugs described in item (aa) or
(bb) of subclause (I) (other than such
a requirement that limits the quantity
of drugs due to safety).
``(ii) Period described.--For purposes of
clause (i), the period described in this clause
is the period during which there exists the
public health emergency declared by the
Secretary pursuant to section 319 of the Public
Health Service Act on January 31, 2020,
entitled `Determination that a Public Health
Emergency Exists Nationwide as the Result of
the 2019 Novel Coronavirus' (including any
renewal of such declaration pursuant to such
section).''.
(b) Elimination of Cost Sharing.--
(1) Elimination of cost-sharing for drugs intended to treat
covid-19 under standard and alternative prescription drug
coverage.--Section 1860D-2 of the Social Security Act (42
U.S.C. 1395w-102) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A), by striking ``The
coverage'' and inserting ``Subject to paragraph
(8), the coverage'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by
inserting after ``Subject to
subparagraphs (C) and (D)'' the
following: ``and paragraph (8)'';
(II) in subparagraph (C)(i), by
striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (8)'';
and
(III) in subparagraph (D)(i), by
striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (8)'';
(iii) in paragraph (4)(A)(i), by striking
``The coverage'' and inserting ``Subject to
paragraph (8), the coverage''; and
(iv) by adding at the end the following new
paragraph:
``(8) Elimination of cost-sharing for drugs intended to
treat covid-19.--The coverage does not impose any deductible,
copayment, coinsurance, or other cost-sharing requirement for
drugs described in section 1860D-4(b)(3)(I)(i)(I) with respect
to a plan year, any portion of which occurs during the period
during which there exists the public health emergency declared
by the Secretary pursuant to section 319 of the Public Health
Service Act on January 31, 2020, entitled `Determination that a
Public Health Emergency Exists Nationwide as the Result of the
2019 Novel Coronavirus' (including any renewal of such
declaration pursuant to such section).''; and
(B) in subsection (c), by adding at the end the
following new paragraph:
``(4) Same elimination of cost-sharing for drugs intended
to treat covid-19.--The coverage is in accordance with
subsection (b)(8).''.
(2) Elimination of cost-sharing for drugs intended to treat
covid-19 dispensed to individuals who are subsidy eligible
individuals.--Section 1860D-14(a) of the Social Security Act
(42 U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (D)--
(I) in clause (ii), by striking
``In the case of'' and inserting
``Subject to subparagraph (F), in the
case of''; and
(II) in clause (iii), by striking
``In the case of'' and inserting
``Subject to subparagraph (F), in the
case of''; and
(ii) by adding at the end the following new
subparagraph:
``(F) Elimination of cost-sharing for drugs
intended to treat covid-19.--Coverage that is in
accordance with section 1860D-2(b)(8).''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``A
reduction'' and inserting ``Subject to
subparagraph (F), a reduction'';
(ii) in subparagraph (D), by striking ``The
substitution'' and inserting ``Subject to
subparagraph (F), the substitution'';
(iii) in subparagraph (E), by inserting
after ``Subject to'' the following:
``subparagraph (F) and''; and
(iv) by adding at the end the following new
subparagraph:
``(F) Elimination of cost-sharing for drugs
intended to treat covid-19.--Coverage that is in
accordance with section 1860D-2(b)(8).''.
(c) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 317305. COVERAGE OF COVID-19 RELATED TREATMENT AT NO COST SHARING.
(a) In General.--A group health plan and a health insurance issuer
offering group or individual health insurance coverage (including a
grandfathered health plan (as defined in section 1251(e) of the Patient
Protection and Affordable Care Act)) shall provide coverage, and shall
not impose any cost sharing (including deductibles, copayments, and
coinsurance) requirements, for the following items and services
furnished during any portion of the emergency period defined in
paragraph (1)(B) of section 1135(g) of the Social Security Act (42
U.S.C. 1320b-5(g)) beginning on or after the date of the enactment of
this Act:
(1) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who has been
diagnosed with (or after provision of the items and services is
diagnosed with) COVID-19 to treat or mitigate the effects of
COVID-19.
(2) Medically necessary items and services (including in-
person or telehealth visits in which such items and services
are furnished) that are furnished to an individual who is
presumed to have COVID-19 but is never diagnosed as such, if
the following conditions are met:
(A) Such items and services are furnished to the
individual to treat or mitigate the effects of COVID-19
or to mitigate the impact of COVID-19 on society.
(B) Health care providers have taken appropriate
steps under the circumstances to make a diagnosis, or
confirm whether a diagnosis was made, with respect to
such individual, for COVID-19, if possible.
(b) Items and Services Related to COVID-19.--For purposes of this
section--
(1) not later than one week after the date of the enactment
of this section, the Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury shall jointly
issue guidance specifying applicable diagnoses and medically
necessary items and services related to COVID-19; and
(2) such items and services shall include all items or
services that are relevant to the treatment or mitigation of
COVID-19, regardless of whether such items or services are
ordinarily covered under the terms of a group health plan or
group or individual health insurance coverage offered by a
health insurance issuer.
(c) Enforcement.--
(1) Application with respect to phsa, erisa, and irc.--The
provisions of this section shall be applied by the Secretary of
Health and Human Services, Secretary of Labor, and Secretary of
the Treasury to group health plans and health insurance issuers
offering group or individual health insurance coverage as if
included in the provisions of part A of title XXVII of the
Public Health Service Act, part 7 of the Employee Retirement
Income Security Act of 1974, and subchapter B of chapter 100 of
the Internal Revenue Code of 1986, as applicable.
(2) Private right of action.--An individual with respect to
whom an action is taken by a group health plan or health
insurance issuer offering group or individual health insurance
coverage in violation of subsection (a) may commence a civil
action against the plan or issuer for appropriate relief. The
previous sentence shall not be construed as limiting any
enforcement mechanism otherwise applicable pursuant to
paragraph (1).
(d) Implementation.--The Secretary of Health and Human Services,
Secretary of Labor, and Secretary of the Treasury may implement the
provisions of this section through sub-regulatory guidance, program
instruction or otherwise.
(e) Terms.--The terms ``group health plan''; ``health insurance
issuer''; ``group health insurance coverage'', and ``individual health
insurance coverage'' have the meanings given such terms in section 2791
of the Public Health Service Act (42 U.S.C. 300gg-91), section 733 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b),
and section 9832 of the Internal Revenue Code of 1986, as applicable.
SEC. 317306. REIMBURSEMENT FOR ADDITIONAL HEALTH SERVICES RELATING TO
CORONAVIRUS.
Title V of division A of the Families First Coronavirus Response
Act (Public Law 116-127) is amended under the heading ``Department of
Health and Human Services--Office of the Secretary--Public Health and
Social Services Emergency Fund'' by inserting ``, or treatment related
to SARS-CoV-2 or COVID-19 for uninsured individuals'' after ``or visits
described in paragraph (2) of such section for uninsured individuals''.
PART 4--FEDERAL HEALTH EQUITY OVERSIGHT
SEC. 317401. COVID-19 RACIAL AND ETHNIC DISPARITIES TASK FORCE ACT OF
2020.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish an
interagency task force, to be known as the ``COVID-19 Racial and Ethnic
Disparities Task Force'' (referred to in this section as the ``task
force''), to gather data about disproportionately affected communities
and provide recommendations to combat the racial and ethnic disparities
in the COVID-19 response throughout the United States and in response
to future public health crises.
(b) Membership.--The task force shall be composed of the following:
(1) The Secretary of Health and Human Services.
(2) The Assistant Secretary for Planning and Evaluation of
the Department of Health and Human Services.
(3) The Assistant Secretary for Preparedness and Response
of the Department of Health and Human Services.
(4) The Director of the Centers for Disease Control and
Prevention.
(5) The Director of the National Institutes of Health.
(6) The Commissioner of Food and Drugs.
(7) The Administrator of the Federal Emergency Management
Agency.
(8) The Director of the National Institute on Minority
Health and Health Disparities.
(9) The Director of the Indian Health Service.
(10) The Administrator of the Centers for Medicare &
Medicaid Services.
(11) The Director of the Agency for Healthcare Research and
Quality.
(12) The Surgeon General.
(13) The Administrator of the Health Resources and Services
Administration.
(14) The Director of the Office of Minority Health.
(15) The Secretary of Housing and Urban Development.
(16) The Secretary of Education.
(17) The Secretary of Labor.
(18) The Secretary of Defense.
(19) The Secretary of Transportation.
(20) The Secretary of the Treasury.
(21) The Administrator of the Small Business
Administration.
(22) The Administrator of the Environmental Protection
Agency.
(23) Five health care professionals with expertise in
addressing racial and ethnic disparities, with at least one
representative from a rural area, to be appointed by the
Secretary.
(24) Five policy experts specializing in addressing racial
and ethnic disparities in education or racial and ethnic
economic inequality to be appointed by the Secretary.
(25) Six representatives from community-based organizations
specializing in providing culturally competent care or services
and addressing racial and ethnic disparities, to be appointed
by the Secretary, with at least one representative from an
urban Indian organization and one representative from a
national organization that represents Tribal governments with
expertise in Tribal public health.
(26) Six State, local, territorial, or Tribal public health
officials representing departments of public health, who shall
represent jurisdictions from different regions of the United
States with relatively high concentrations of historically
marginalized populations, to be appointed by the Secretary,
with at least one territorial representative and one
representative of a Tribal public health department.
(c) Administrative Provisions.--
(1) Appointment of non-government members.--Notwithstanding
any other provision of law, the Secretary shall appoint all
non-government members of the task force within 30 days of the
date enactment of this section.
(2) Chairperson.--The Secretary shall serve as the
chairperson of the task force. The Director of the Office of
Minority Health shall serve as the vice chairperson.
(3) Staff.--The task force shall have 10 full-time staff
members.
(4) Meetings.--Not later than 45 days after the date of
enactment of this section, the full task force shall have its
first meeting. The task force shall convene at least once a
month thereafter.
(5) Subcommittees.--The chairperson and vice chairperson of
the task force are authorized to establish subcommittees to
consider specific issues related to the broader mission of
addressing racial and ethnic disparities.
(d) Federal Emergency Management Agency Resource Allocation
Reporting and Recommendations.--
(1) Weekly reports.--Not later than 7 days after the task
force first meets, and weekly thereafter, the task force shall
submit to Congress and the Federal Emergency Management Agency
a report that includes--
(A) a description of COVID-19 patient outcomes,
including cases, hospitalizations, patients on
ventilation, and mortality, disaggregated by race and
ethnicity (where such data is missing, the task force
shall utilize appropriate authorities to improve data
collection);
(B) the identification of communities that lack
resources to combat the COVID-19 pandemic, including
personal protective equipment, ventilators, hospital
beds, testing kits, testing supplies, vaccinations
(when available), resources to conduct surveillance and
contact tracing, funding, staffing, and other resources
the task force deems essential as needs arise;
(C) the identification of communities where racial
and ethnic disparities in COVID-19 infection,
hospitalization, and death rates are out of proportion
to the community's population by a certain threshold,
to be determined by the task force based on available
public health data;
(D) recommendations about how to best allocate
critical COVID-19 resources to--
(i) communities with disproportionately
high COVID-19 infection, hospitalization, and
death rates; and
(ii) communities identified in subparagraph
(C);
(E) with respect to communities that are able to
reduce racial and ethnic disparities effectively, a
description of best practices involved; and
(F) an update with respect to the response of the
Federal Emergency Management Agency to the task force's
previous weeks' recommendations under this section.
(2) General consultation.--In submitting weekly reports and
recommendations under this subsection, the task force shall
consult with and notify State, local, territorial, and Tribal
officials and community-based organizations from communities
identified as disproportionately impacted by COVID-19.
(3) Consultation with indian tribes.--In submitting weekly
reports and recommendations under this subsection, the Director
of Indian Health Service shall, in coordination with the task
force, consult with Indian Tribes and Tribal organizations that
are disproportionately affected by COVID-19 on a government to
government basis to identify specific needs and
recommendations.
(4) Dissemination.--Reports under this subsection shall be
disseminated to all relevant stakeholders, including State,
local, territorial, and Tribal officials, and public health
departments.
(5) Tribal data.--The task force, in consultation with
Indian Tribes and Tribal organizations, shall ensure that an
Indian Tribe consents to any public reporting of health data.
(e) COVID-19 Relief Oversight and Implementation Reports.--Not
later than 14 days after the task force first meets, and not later than
every 14 days thereafter, the task force shall submit to Congress and
the relevant Federal agencies a report that includes--
(1) an examination of funds distributed under COVID-19-
related relief and stimulus laws (enacted prior to and after
the date of enactment of this Act), including the Coronavirus
Preparedness and Response Emergency Supplemental Appropriations
Act, 2020 (Public Law 116-123), the Families First Coronavirus
Response Act (Public Law 116-127), the Coronavirus Aid, Relief,
and Economic Security Act (Public Law 116-136), and the
Paycheck Protection Program and Health Care Enhancement Act
(Public Law 116-139), and how that distribution impacted racial
and ethnic disparities with respect to the COVID-19 pandemic;
and
(2) recommendations to relevant Federal agencies about how
to disburse any undisbursed funding from COVID-19-related
relief and stimulus laws (enacted prior to and after the date
of enactment of this Act), including those laws described in
paragraph (1), to address racial and ethnic disparities with
respect to the COVID-19 pandemic, including recommendations
to--
(A) the Department of Health and Human Services
about disbursement of funds under the Public Health and
Social Service Emergency Fund;
(B) the Small Business Administration about
disbursement of funds under the Paycheck Protection
Program and the Economic Injury Disaster Loan Program;
and
(C) the Department of Education about disbursement
of funds under the Education Stabilization Fund.
(f) Final COVID-19 Reports.--Not later than 90 days after the date
on which the President declares the end of the COVID-19 public health
emergency first declared by the Secretary on January 31, 2020, the task
force shall submit to Congress a report that--
(1) describes inequities within the health care system,
implicit bias, structural racism, and social determinants of
health (including housing, nutrition, education, economic, and
environmental factors) that contributed to racial and ethnic
health disparities with respect to the COVID-19 pandemic and
how these factors contributed to such disparities;
(2) examines the initial Federal response to the COVID-19
pandemic and its impact on the racial and ethnic disparities in
COVID-19 infection, hospitalization, and death rates; and
(3) contains recommendations to combat racial and ethnic
disparities in future infectious disease responses, including
future COVID-19 outbreaks.
(g) Sunset and Successor Task Force.--
(1) Sunset.--The task force shall terminate on the date
that is 90 days after the date on which the President declares
the end of the COVID-19 public health emergency first declared
by the Secretary on January 31, 2020.
(2) Successor.--Upon the termination of the task force
under paragraph (1), the Secretary shall establish a permanent
Infectious Disease Racial and Ethnic Disparities Task Force
based on the membership, convening, and reporting requirements
recommended by the task force in reports submitted under this
section.
(h) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this section.
SEC. 317402. PROTECTION OF THE HHS OFFICES OF MINORITY HEALTH.
(a) In General.--Pursuant to section 1707A of the Public Health
Service Act (42 U.S.C. 300u-6a), the Offices of Minority Health
established within the Centers for Disease Control and Prevention, the
Health Resources and Services Administration, the Substance Abuse and
Mental Health Services Administration, the Agency for Healthcare
Research and Quality, the Food and Drug Administration, and the Centers
for Medicare & Medicaid Services, are offices that, regardless of
change in the structure of the Department of Health and Human Services,
shall report to the Secretary of Health and Human Services.
(b) Sense of Congress.--It is the sense of the Congress that any
effort to eliminate or consolidate such Offices of Minority Health
undermines the progress achieved so far.
SEC. 317403. ESTABLISH AN INTERAGENCY COUNSEL AND GRANT PROGRAMS ON
SOCIAL DETERMINANTS OF HEALTH.
(a) Short Title.--This section may be cited as the ``Social
Determinants Accelerator Act of 2020''.
(b) Findings; Purposes.--
(1) Findings.--Congress finds the following:
(A) There is a significant body of evidence showing
that economic and social conditions have a powerful
impact on individual and population health outcomes,
including health disparities associated with public
health emergencies, and well-being, as well as medical
costs.
(B) State, local, and Tribal governments and the
service delivery partners of such governments face
significant challenges in coordinating benefits and
services delivered through the Medicaid program and
other social services programs because of the
fragmented and complex nature of Federal and State
funding and administrative requirements.
(C) The Federal Government should prioritize and
proactively assist State and local governments to
strengthen the capacity of State and local governments
to improve health and social outcomes for individuals,
thereby improving cost-effectiveness and return on
investment.
(2) Purposes.--The purposes of this subtitle are as
follows:
(A) To establish effective, coordinated Federal
technical assistance to help State and local
governments to improve outcomes and cost-effectiveness
of, and return on investment from, health and social
services programs.
(B) To build a pipeline of State and locally
designed, cross-sector interventions and strategies
that generate rigorous evidence about how to improve
health and social outcomes, and increase the cost-
effectiveness of, and return on investment from,
Federal, State, local, and Tribal health and social
services programs.
(C) To enlist State and local governments and the
service providers of such governments as partners in
identifying Federal statutory, regulatory, and
administrative challenges in improving the health and
social outcomes of, cost-effectiveness of, and return
on investment from, Federal spending on individuals
enrolled in Medicaid.
(D) To develop strategies to improve health and
social outcomes without denying services to, or
restricting the eligibility of, vulnerable populations.
(c) Social Determinants Accelerator Council.--
(1) Establishment.--The Secretary of Health and Human
Services (referred to in this subtitle as the ``Secretary''),
in coordination with the Administrator of the Centers for
Medicare & Medicaid Services (referred to in this subtitle as
the ``Administrator''), shall establish an interagency council,
to be known as the Social Determinants Accelerator Interagency
Council (referred to in this subtitle as the ``Council'') to
achieve the purposes listed in subsection (b)(1).
(2) Membership.--
(A) Federal composition.--The Council shall be
composed of at least one designee from each of the
following Federal agencies:
(i) The Office of Management and Budget.
(ii) The Department of Agriculture.
(iii) The Department of Education.
(iv) The Indian Health Service.
(v) The Department of Housing and Urban
Development.
(vi) The Department of Labor.
(vii) The Department of Transportation.
(viii) Any other Federal agency the Chair
of the Council determines necessary.
(B) Designation.--
(i) In general.--The head of each agency
specified in subparagraph (A) shall designate
at least one employee to serve as a member of
the Council.
(ii) Responsibilities.--An employee
described in this clause shall be a senior
employee of the agency--
(I) whose responsibilities relate
to authorities, policies, and
procedures with respect to the health
and well-being of individuals receiving
medical assistance under a State plan
(or a waiver of such plan) under title
XIX of the Social Security Act (42
U.S.C. 1396 et seq.); or
(II) who has authority to implement
and evaluate transformative initiatives
that harness data or conducts rigorous
evaluation to improve the impact and
cost-effectiveness of federally funded
services and benefits.
(C) HHS representation.--In addition to the
designees under subparagraph (A), the Council shall
include designees from at least three agencies within
the Department of Health and Human Services, including
the Centers for Medicare & Medicaid Services, at least
one of whom shall meet the criteria under this section.
(D) OMB role.--The Director of the Office of
Management and Budget shall facilitate the timely
resolution of Governmentwide and multiagency issues to
help the Council achieve consensus recommendations
described under this section.
(E) Non-federal composition.--The Comptroller
General of the United States may designate up to 6
Council designees--
(i) who have relevant subject matter
expertise, including expertise implementing and
evaluating transformative initiatives that
harness data and conduct evaluations to improve
the impact and cost-effectiveness of Federal
Government services; and
(ii) that each represent--
(I) State, local, and Tribal health
and human services agencies;
(II) public housing authorities or
State housing finance agencies;
(III) State and local government
budget offices;
(IV) State Medicaid agencies; or
(V) national consumer advocacy
organizations.
(F) Chair.--
(i) In general.--The Secretary shall select
the Chair of the Council from among the members
of the Council.
(ii) Initiating guidance.--The Chair, on
behalf of the Council, shall identify and
invite individuals from diverse entities to
provide the Council with advice and information
pertaining to addressing social determinants of
health, including--
(I) individuals from State and
local government health and human
services agencies;
(II) individuals from State
Medicaid agencies;
(III) individuals from State and
local government budget offices;
(IV) individuals from public
housing authorities or State housing
finance agencies;
(V) individuals from nonprofit
organizations, small businesses, and
philanthropic organizations;
(VI) advocates;
(VII) researchers; and
(VIII) any other individuals the
Chair determines to be appropriate.
(3) Duties.--The duties of the Council are--
(A) to make recommendations to the Secretary and
the Administrator regarding the criteria for making
awards under this section;
(B) to identify Federal authorities and
opportunities for use by States or local governments to
improve coordination of funding and administration of
Federal programs, the beneficiaries of whom include
individuals, and which may be unknown or underutilized
and to make information on such authorities and
opportunities publicly available;
(C) to provide targeted technical assistance to
States developing a social determinants accelerator
plan under this section, including identifying
potential statutory or regulatory pathways for
implementation of the plan and assisting in identifying
potential sources of funding to implement the plan;
(D) to report to Congress annually on the subjects
set forth in this section;
(E) to develop and disseminate evaluation
guidelines and standards that can be used to reliably
assess the impact of an intervention or approach that
may be implemented pursuant to this subtitle on
outcomes, cost-effectiveness of, and return on
investment from Federal, State, local, and Tribal
governments, and to facilitate technical assistance,
where needed, to help to improve State and local
evaluation designs and implementation;
(F) to seek feedback from State, local, and Tribal
governments, including through an annual survey by an
independent third party, on how to improve the
technical assistance the Council provides to better
equip State, local, and Tribal governments to
coordinate health and social service programs;
(G) to solicit applications for grants under this
section; and
(H) to coordinate with other cross-agency
initiatives focused on improving the health and well-
being of low-income and at-risk populations in order to
prevent unnecessary duplication between agency
initiatives.
(4) Schedule.--Not later than 60 days after the date of the
enactment of this Act, the Council shall convene to develop a
schedule and plan for carrying out the duties described in this
section, including solicitation of applications for the grants
under this section.
(5) Report to congress.--The Council shall submit an annual
report to Congress, which shall include--
(A) a list of the Council members;
(B) activities and expenditures of the Council;
(C) summaries of the interventions and approaches
that will be supported by State, local, and Tribal
governments that received a grant under this section,
including--
(i) the best practices and evidence-based
approaches such governments plan to employ to
achieve the purposes listed in this section;
and
(ii) a description of how the practices and
approaches will impact the outcomes, cost-
effectiveness of, and return on investment
from, Federal, State, local, and Tribal
governments with respect to such purposes;
(D) the feedback received from State and local
governments on ways to improve the technical assistance
of the Council, including findings from a third-party
survey and actions the Council plans to take in
response to such feedback; and
(E) the major statutory, regulatory, and
administrative challenges identified by State, local,
and Tribal governments that received a grant under
subsection (d), and the actions that Federal agencies
are taking to address such challenges.
(6) FACA applicability.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Council.
(7) Council procedures.--The Secretary, in consultation
with the Comptroller General of the United States and the
Director of the Office of Management and Budget, shall
establish procedures for the Council to--
(A) ensure that adequate resources are available to
effectively execute the responsibilities of the
Council;
(B) effectively coordinate with other relevant
advisory bodies and working groups to avoid unnecessary
duplication;
(C) create transparency to the public and Congress
with regard to Council membership, costs, and
activities, including through use of modern technology
and social media to disseminate information; and
(D) avoid conflicts of interest that would
jeopardize the ability of the Council to make decisions
and provide recommendations.
(d) Social Determinants Accelerator Grants to States or Local
Governments.--
(1) Grants to states, local governments, and tribes.--Not
later than 180 days after the date of the enactment of this
Act, the Administrator, in consultation with the Secretary and
the Council, shall award on a competitive basis not more than
25 grants to eligible applicants described in this section, for
the development of social determinants accelerator plans, as
described in this section.
(2) Eligible applicant.--An eligible applicant described in
this section is a State, local, or Tribal health or human
services agency that--
(A) demonstrates the support of relevant parties
across relevant State, local, or Tribal jurisdictions;
and
(B) in the case of an applicant that is a local
government agency, provides to the Secretary a letter
of support from the lead State health or human services
agency for the State in which the local government is
located.
(3) Amount of grant.--The Administrator, in coordination
with the Council, shall determine the total amount that the
Administrator will make available to each grantee under this
section.
(4) Application.--An eligible applicant seeking a grant
under this section shall include in the application the
following information:
(A) The target population (or populations) that
would benefit from implementation of the social
determinants accelerator plan proposed to be developed
by the applicant.
(B) A description of the objective or objectives
and outcome goals of such proposed plan, which shall
include at least one health outcome and at least one
other important social outcome.
(C) The sources and scope of inefficiencies that,
if addressed by the plan, could result in improved
cost-effectiveness of or return on investment from
Federal, State, local, and Tribal governments.
(D) A description of potential interventions that
could be designed or enabled using such proposed plan.
(E) The State, local, Tribal, academic, nonprofit,
community-based organizations, and other private sector
partners that would participate in the development of
the proposed plan and subsequent implementation of
programs or initiatives included in such proposed plan.
(F) Such other information as the Administrator, in
consultation with the Secretary and the Council,
determines necessary to achieve the purposes of this
subtitle.
(5) Use of funds.--A recipient of a grant under this
section may use funds received through the grant for the
following purposes:
(A) To convene and coordinate with relevant
government entities and other stakeholders across
sectors to assist in the development of a social
determinant accelerator plan.
(B) To identify populations of individuals
receiving medical assistance under a State plan (or a
waiver of such plan) under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) who may benefit
from the proposed approaches to improving the health
and well-being of such individuals through the
implementation of the proposed social determinants
accelerator plan.
(C) To engage qualified research experts to advise
on relevant research and to design a proposed
evaluation plan, in accordance with the standards and
guidelines issued by the Administrator.
(D) To collaborate with the Council to support the
development of social determinants accelerator plans.
(E) To prepare and submit a final social
determinants accelerator plan to the Council.
(6) Contents of plans.--A social determinant accelerator
plan developed under this section shall include the following:
(A) A description of the target population (or
populations) that would benefit from implementation of
the social determinants accelerator plan, including an
analysis describing the projected impact on the well-
being of individuals described in paragraph (5)(B).
(B) A description of the interventions or
approaches designed under the social determinants
accelerator plan and the evidence for selecting such
interventions or approaches.
(C) The objectives and outcome goals of such
interventions or approaches, including at least one
health outcome and at least one other important social
outcome.
(D) A plan for accessing and linking relevant data
to enable coordinated benefits and services for the
jurisdictions described in this section and an
evaluation of the proposed interventions and
approaches.
(E) A description of the State, local, Tribal,
academic, nonprofit, or community-based organizations,
or any other private sector organizations that would
participate in implementing the proposed interventions
or approaches, and the role each would play to
contribute to the success of the proposed interventions
or approaches.
(F) The identification of the funding sources that
would be used to finance the proposed interventions or
approaches.
(G) A description of any financial incentives that
may be provided, including outcome-focused contracting
approaches to encourage service providers and other
partners to improve outcomes of, cost-effectiveness of,
and return on investment from, Federal, State, local,
or Tribal government spending.
(H) The identification of the applicable Federal,
State, local, or Tribal statutory and regulatory
authorities, including waiver authorities, to be
leveraged to implement the proposed interventions or
approaches.
(I) A description of potential considerations that
would enhance the impact, scalability, or
sustainability of the proposed interventions or
approaches and the actions the grant awardee would take
to address such considerations.
(J) A proposed evaluation plan, to be carried out
by an independent evaluator, to measure the impact of
the proposed interventions or approaches on the
outcomes of, cost-effectiveness of, and return on
investment from, Federal, State, local, and Tribal
governments.
(K) Precautions for ensuring that vulnerable
populations will not be denied access to Medicaid or
other essential services as a result of implementing
the proposed plan.
(e) Funding.--
(1) In general.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated to carry out this
subtitle $25,000,000, of which up to $5,000,000 may be used to
carry out this subtitle, to remain available for obligation
until the date that is 5 years after the date of enactment of
this Act.
(2) Reservation of funds.--
(A) In general.--Of the funds made available under
paragraph (1), the Secretary shall reserve not less
than 20 percent to award grants to eligible applicants
for the development of social determinants accelerator
plans under this section intended to serve rural
populations.
(B) Exception.--In the case of a fiscal year for
which the Secretary determines that there are not
sufficient eligible applicants to award up to 25 grants
under section 317403 that are intended to serve rural
populations and the Secretary cannot satisfy the 20-
percent requirement, the Secretary may reserve an
amount that is less than 20 percent of amounts made
available under paragraph (1) to award grants for such
purpose.
(3) Rule of construction.--Nothing in this subtitle shall
prevent Federal agencies represented on the Council from
contributing additional funding from other sources to support
activities to improve the effectiveness of the Council.
SEC. 317404. ACCOUNTABILITY AND TRANSPARENCY WITHIN THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
Title XXXIV of the Public Health Service Act is amended by
inserting after subtitle C the following:
``Subtitle D--Strengthening Accountability
``SEC. 3441. ELEVATION OF THE OFFICE OF CIVIL RIGHTS.
``(a) In General.--The Secretary shall establish within the Office
for Civil Rights an Office of Health Disparities, which shall be headed
by a director to be appointed by the Secretary.
``(b) Purpose.--The Office of Health Disparities shall ensure that
the health programs, activities, and operations of health entities that
receive Federal financial assistance are in compliance with title VI of
the Civil Rights Act, including through the following activities:
``(1) The development and implementation of an action plan
to address racial and ethnic health care disparities, which
shall address concerns relating to the Office for Civil Rights
as released by the United States Commission on Civil Rights in
the report entitled `Health Care Challenge: Acknowledging
Disparity, Confronting Discrimination, and Ensuring Equity'
(September 1999) in conjunction with the reports by the
National Academy of Sciences (formerly known as the Institute
of Medicine) entitled `Unequal Treatment: Confronting Racial
and Ethnic Disparities in Health Care', `Crossing the Quality
Chasm: A New Health System for the 21st Century', `In the
Nation's Compelling Interest: Ensuring Diversity in the Health
Care Workforce', `The National Partnership for Action to End
Health Disparities', and `The Health of Lesbian, Gay, Bisexual,
and Transgender People', and other related reports by the
National Academy of Sciences. This plan shall be publicly
disclosed for review and comment and the final plan shall
address any comments or concerns that are received by the
Office.
``(2) Investigative and enforcement actions against
intentional discrimination and policies and practices that have
a disparate impact on minorities.
``(3) The review of racial, ethnic, gender identity, sexual
orientation, sex, disability status, socioeconomic status, and
primary language health data collected by Federal health
agencies to assess health care disparities related to
intentional discrimination and policies and practices that have
a disparate impact on minorities. Such review shall include an
assessment of health disparities in communities with a
combination of these classes.
``(4) Outreach and education activities relating to
compliance with title VI of the Civil Rights Act.
``(5) The provision of technical assistance for health
entities to facilitate compliance with title VI of the Civil
Rights Act.
``(6) Coordination and oversight of activities of the civil
rights compliance offices established under section 3442.
``(7) Ensuring--
``(A) at a minimum, compliance with the most recent
version of the Office of Management and Budget
statistical policy directive entitled `Standards for
Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity'; and
``(B) consideration of available data and language
standards such as--
``(i) the standards for collecting and
reporting data under section 3101; and
``(ii) the National Standards on Culturally
and Linguistically Appropriate Services of the
Office of Minority Health.
``(c) Funding and Staff.--The Secretary shall ensure the
effectiveness of the Office of Health Disparities by ensuring that the
Office is provided with--
``(1) adequate funding to enable the Office to carry out
its duties under this section; and
``(2) staff with expertise in--
``(A) epidemiology;
``(B) statistics;
``(C) health quality assurance;
``(D) minority health and health disparities;
``(E) cultural and linguistic competency;
``(F) civil rights; and
``(G) social, behavioral, and economic determinants
of health.
``(d) Report.--Not later than December 31, 2021, and annually
thereafter, the Secretary, in collaboration with the Director of the
Office for Civil Rights and the Deputy Assistant Secretary for Minority
Health, 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 that includes--
``(1) the number of cases filed, broken down by category;
``(2) the number of cases investigated and closed by the
office;
``(3) the outcomes of cases investigated;
``(4) the staffing levels of the office including staff
credentials;
``(5) the number of other lingering and emerging cases in
which civil rights inequities can be demonstrated; and
``(6) the number of cases remaining open and an explanation
for their open status.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2022 through 2027.
``SEC. 3442. ESTABLISHMENT OF HEALTH PROGRAM OFFICES FOR CIVIL RIGHTS
WITHIN FEDERAL HEALTH AND HUMAN SERVICES AGENCIES.
``(a) In General.--The Secretary shall establish civil rights
compliance offices in each agency within the Department of Health and
Human Services that administers health programs.
``(b) Purpose of Offices.--Each office established under subsection
(a) shall ensure that recipients of Federal financial assistance under
Federal health programs administer programs, services, and activities
in a manner that--
``(1) does not discriminate, either intentionally or in
effect, on the basis of race, national origin, language,
ethnicity, sex, age, disability, sexual orientation, and gender
identity; and
``(2) promotes the reduction and elimination of disparities
in health and health care based on race, national origin,
language, ethnicity, sex, age, disability, sexual orientation,
and gender identity.
``(c) Powers and Duties.--The offices established in subsection (a)
shall have the following powers and duties:
``(1) The establishment of compliance and program
participation standards for recipients of Federal financial
assistance under each program administered by the applicable
agency, including the establishment of disparity reduction
standards to encompass disparities in health and health care
related to race, national origin, language, ethnicity, sex,
age, disability, sexual orientation, and gender identity.
``(2) The development and implementation of program-
specific guidelines that interpret and apply Department of
Health and Human Services guidance under title VI of the Civil
Rights Act of 1964 and section 1557 of the Patient Protection
and Affordable Care Act to each Federal health program
administered by the agency.
``(3) The development of a disparity-reduction impact
analysis methodology that shall be applied to every rule issued
by the agency and published as part of the formal rulemaking
process under sections 555, 556, and 557 of title 5, United
States Code.
``(4) Oversight of data collection, analysis, and
publication requirements for all recipients of Federal
financial assistance under each Federal health program
administered by the agency; compliance with, at a minimum, the
most recent version of the Office of Management and Budget
statistical policy directive entitled `Standards for
Maintaining, Collecting, and Presenting Federal Data on Race
and Ethnicity'; and consideration of available data and
language standards such as--
``(A) the standards for collecting and reporting
data under section 3101; and
``(B) the National Standards on Culturally and
Linguistically Appropriate Services of the Office of
Minority Health.
``(5) The conduct of publicly available studies regarding
discrimination within Federal health programs administered by
the agency as well as disparity reduction initiatives by
recipients of Federal financial assistance under Federal health
programs.
``(6) Annual reports to the Committee on Health, Education,
Labor, and Pensions and the Committee on Finance of the Senate
and the Committee on Energy and Commerce and the Committee on
Ways and Means of the House of Representatives on the progress
in reducing disparities in health and health care through the
Federal programs administered by the agency.
``(d) Relationship to Office for Civil Rights in the Department of
Justice.--
``(1) Department of health and human services.--The Office
for Civil Rights of the Department of Health and Human Services
shall provide standard-setting and compliance review
investigation support services to the Civil Rights Compliance
Office for each agency described in subsection (a), subject to
paragraph (2).
``(2) Department of justice.--The Office for Civil Rights
of the Department of Justice may, as appropriate, institute
formal proceedings when a civil rights compliance office
established under subsection (a) determines that a recipient of
Federal financial assistance is not in compliance with the
disparity reduction standards of the applicable agency.
``(e) Definition.--In this section, the term `Federal health
programs' mean programs--
``(1) under the Social Security Act (42 U.S.C. 301 et seq.)
that pay for health care and services; and
``(2) under this Act that provide Federal financial
assistance for health care, biomedical research, health
services research, and programs designed to improve the
public's health, including health service programs.''.
PART 5--EXPANDED INSURANCE ACCESS
SEC. 317501. MEDICARE SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS
RESIDING IN COVID-19 EMERGENCY AREAS.
(a) In General.--Section 1837(i) of the Social Security Act (42
U.S.C. 1395p(i)) is amended by adding at the end the following new
paragraph:
``(5)(A) In the case of an individual who--
``(i) is eligible under section 1836 to enroll in
the medical insurance program established by this part,
``(ii) did not enroll (or elected not to be deemed
enrolled) under this section during an enrollment
period, and
``(iii) during the emergency period (as described
in section 1135(g)(1)(B)), resided in an emergency area
(as described in such section),
there shall be a special enrollment period described in
subparagraph (B).
``(B) The special enrollment period referred to in
subparagraph (A) is the period that begins not later
than July 1, 2021, and ends on the last day of the
month in which the emergency period (as described in
section 1135(g)(1)(B)) ends.''.
(b) Coverage Period for Individuals Transitioning From Other
Coverage.--Section 1838(e) of the Social Security Act (42 U.S.C.
1395q(e)) is amended--
(1) by striking ``pursuant to section 1837(i)(3) or
1837(i)(4)(B)--'' and inserting the following: ``pursuant to--
``(1) section 1837(i)(3) or 1837(i)(4)(B)--'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving the
indentation of each such subparagraph 2 ems to the right;
(3) by striking the period at the end of the subparagraph
(B), as so redesignated, and inserting ``; or''; and
(4) by adding at the end the following new paragraph:
``(2) section 1837(i)(5), the coverage period shall begin
on the first day of the month following the month in which the
individual so enrolls.''.
(c) Funding.--The Secretary of Health and Human Services shall
provide for the transfer from the Federal Hospital Insurance Trust Fund
(as described in section 1817 of the Social Security Act (42 U.S.C.
1395i)) and the Federal Supplementary Medical Insurance Trust Fund (as
described in section 1841 of such Act (42 U.S.C. 1395t)), in such
proportions as determined appropriate by the Secretary, to the Social
Security Administration, of $30,000,000, to remain available until
expended, for purposes of carrying out the amendments made by this
section.
(d) Implementation.--Notwithstanding any other provision of law,
the Secretary of Health and Human Services may implement the amendments
made by this section by program instruction or otherwise.
SEC. 317502. SPECIAL ENROLLMENT PERIOD THROUGH EXCHANGES; FEDERAL
EXCHANGE OUTREACH AND EDUCATIONAL ACTIVITIES.
(a) Special Enrollment Period Through Exchanges.--Section 1311(c)
of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(c))
is amended--
(1) in paragraph (6)--
(A) in subparagraph (C), by striking at the end
``and'';
(B) in subparagraph (D), by striking at the end the
period and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) subject to subparagraph (B) of paragraph (8),
the special enrollment period described in subparagraph
(A) of such paragraph.''; and
(2) by adding at the end the following new paragraph:
``(8) Special enrollment period for certain public health
emergency.--
``(A) In general.--The Secretary shall, subject to
subparagraph (B), require an Exchange to provide--
``(i) for a special enrollment period
during the emergency period described in
section 1135(g)(1)(B) of the Social Security
Act--
``(I) which shall begin on the date
that is one week after the date of the
enactment of this paragraph and which,
in the case of an Exchange established
or operated by the Secretary within a
State pursuant to section 1321(c),
shall be an 8-week period; and
``(II) during which any individual
who is otherwise eligible to enroll in
a qualified health plan through the
Exchange may enroll in such a qualified
health plan; and
``(ii) that, in the case of an individual
who enrolls in a qualified health plan through
the Exchange during such enrollment period, the
coverage period under such plan shall begin, at
the option of the individual, on April 1, 2021,
or on the first day of the month following the
day the individual selects a plan through such
special enrollment period.
``(B) Exception.--The requirement of subparagraph
(A) shall not apply to a State-operated or State-
established Exchange if such Exchange, prior to the
date of the enactment of this paragraph, established or
otherwise provided for a special enrollment period to
address access to coverage under qualified health plans
offered through such Exchange during the emergency
period described in section 1135(g)(1)(B) of the Social
Security Act.''.
(b) Federal Exchange Outreach and Educational Activities.--Section
1321(c) of the Patient Protection and Affordable Care Act (42 U.S.C.
18041(c)) is amended by adding at the end the following new paragraph:
``(3) Outreach and educational activities.--
``(A) In general.--In the case of an Exchange
established or operated by the Secretary within a State
pursuant to this subsection, the Secretary shall carry
out outreach and educational activities for purposes of
informing potential enrollees in qualified health plans
offered through the Exchange of the availability of
coverage under such plans and financial assistance for
coverage under such plans. Such outreach and
educational activities shall be provided in a manner
that is culturally and linguistically appropriate to
the needs of the populations being served by the
Exchange (including hard-to-reach populations, such as
racial and sexual minorities, limited English
proficient populations, and young adults).
``(B) Limitation on use of funds.--No funds
appropriated under this paragraph shall be used for
expenditures for promoting non-ACA compliant health
insurance coverage.
``(C) Non-ACA compliant health insurance
coverage.--For purposes of subparagraph (B):
``(i) The term `non-ACA compliant health
insurance coverage' means health insurance
coverage, or a group health plan, that is not a
qualified health plan.
``(ii) Such term includes the following:
``(I) An association health plan.
``(II) Short-term limited duration
insurance.
``(D) Funding.--There are appropriated, out of any
funds in the Treasury not otherwise appropriated,
$25,000,000, to remain available until expended--
``(i) to carry out this paragraph; and
``(ii) at the discretion of the Secretary,
to carry out section 1311(i), with respect to
an Exchange established or operated by the
Secretary within a State pursuant to this
subsection.''.
(c) Implementation.--The Secretary of Health and Human Services may
implement the provisions of (including amendments made by) this section
through subregulatory guidance, program instruction, or otherwise.
SEC. 317503. MOMMA'S ACT.
(a) Short Title.--This section may be cited as the ``Mothers and
Offspring Mortality and Morbidity Awareness Act'' or the ``MOMMA's
Act''.
(b) Findings.--Congress finds the following:
(1) Every year, across the United States, 4,000,000 women
give birth, about 700 women suffer fatal complications during
pregnancy, while giving birth or during the postpartum period,
and 70,000 women suffer near-fatal, partum-related
complications.
(2) The maternal mortality rate is often used as a proxy to
measure the overall health of a population. While the infant
mortality rate in the United States has reached its lowest
point, the risk of death for women in the United States during
pregnancy, childbirth, or the postpartum period is higher than
such risk in many other developed nations. The estimated
maternal mortality rate (per 100,000 live births) for the 48
contiguous States and Washington, DC increased from 18.8
percent in 2000 to 23.8 percent in 2014 to 26.6 percent in
2018. This estimated rate is on par with such rate for
underdeveloped nations such as Iraq and Afghanistan.
(3) International studies estimate the 2015 maternal
mortality rate in the United States as 26.4 per 100,000 live
births, which is almost twice the 2015 World Health
Organization estimation of 14 per 100,000 live births.
(4) It is estimated that more than 60 percent of maternal
deaths in the United States are preventable.
(5) According to the Centers for Disease Control and
Prevention, the maternal mortality rate varies drastically for
women by race and ethnicity. There are 12.7 deaths per 100,000
live births for White women, 43.5 deaths per 100,000 live
births for African-American women, and 14.4 deaths per 100,000
live births for women of other ethnicities. While maternal
mortality disparately impacts African-American women, this
urgent public health crisis traverses race, ethnicity,
socioeconomic status, educational background, and geography.
(6) African-American women are 3 to 4 times more likely to
die from causes related to pregnancy and childbirth compared to
non-Hispanic White women.
(7) The findings described in paragraphs (1) through (6)
are of major concern to researchers, academics, members of the
business community, and providers across the obstetrical
continuum represented by organizations such as March of Dimes;
the Preeclampsia Foundation; the American College of
Obstetricians and Gynecologists; the Society for Maternal-Fetal
Medicine; the Association of Women's Health, Obstetric, and
Neonatal Nurses; the California Maternal Quality Care
Collaborative; Black Women's Health Imperative; the National
Birth Equity Collaborative; Black Mamas Matter Alliance;
EverThrive Illinois; the National Association of Certified
Professional Midwives; PCOS Challenge: The National Polycystic
Ovary Syndrome Association; and the American College of Nurse
Midwives.
(8) Hemorrhage, cardiovascular and coronary conditions,
cardiomyopathy, infection, embolism, mental health conditions,
preeclampsia and eclampsia, polycystic ovary syndrome,
infection and sepsis, and anesthesia complications are the
predominant medical causes of maternal-related deaths and
complications. Most of these conditions are largely preventable
or manageable.
(9) Oral health is an important part of perinatal health.
Reducing bacteria in a woman's mouth during pregnancy can
significantly reduce her risk of developing oral diseases and
spreading decay-causing bacteria to her baby. Moreover, some
evidence suggests that women with periodontal disease during
pregnancy could be at greater risk for poor birth outcomes,
such as preeclampsia, pre-term birth, and low-birth weight.
Furthermore, a woman's oral health during pregnancy is a good
predictor of her newborn's oral health, and since mothers can
unintentionally spread oral bacteria to their babies, putting
their children at higher risk for tooth decay, prevention
efforts should happen even before children are born, as a
matter of pre-pregnancy health and prenatal care during
pregnancy.
(10) The United States has not been able to submit a formal
maternal mortality rate to international data repositories
since 2007. Thus, no official maternal mortality rate exists
for the United States. There can be no maternal mortality rate
without streamlining maternal mortality-related data from the
State level and extrapolating such data to the Federal level.
(11) In the United States, death reporting and analysis is
a State function rather than a Federal process. States report
all deaths--including maternal deaths--on a semi-voluntary
basis, without standardization across States. While the Centers
for Disease Control and Prevention has the capacity and system
for collecting death-related data based on death certificates,
these data are not sufficiently reported by States in an
organized and standard format across States such that the
Centers for Disease Control and Prevention is able to identify
causes of maternal death and best practices for the prevention
of such death.
(12) Vital statistics systems often underestimate maternal
mortality and are insufficient data sources from which to
derive a full scope of medical and social determinant factors
contributing to maternal deaths. While the addition of
pregnancy checkboxes on death certificates since 2003 have
likely improved States' abilities to identify pregnancy-related
deaths, they are not generally completed by obstetrical
providers or persons trained to recognize pregnancy-related
mortality. Thus, these vital forms may be missing information
or may capture inconsistent data. Due to varying maternal
mortality-related analyses, lack of reliability, and
granularity in data, current maternal mortality informatics do
not fully encapsulate the myriad medical and socially
determinant factors that contribute to such high maternal
mortality rates within the United States compared to other
developed nations. Lack of standardization of data and data
sharing across States and between Federal entities, health
networks, and research institutions keep the Nation in the dark
about ways to prevent maternal deaths.
(13) Having reliable and valid State data aggregated at the
Federal level are critical to the Nation's ability to quell
surges in maternal death and imperative for researchers to
identify long-lasting interventions.
(14) Leaders in maternal wellness highly recommend that
maternal deaths be investigated at the State level first, and
that standardized, streamlined, de-identified data regarding
maternal deaths be sent annually to the Centers for Disease
Control and Prevention. Such data standardization and
collection would be similar in operation and effect to the
National Program of Cancer Registries of the Centers for
Disease Control and Prevention and akin to the Confidential
Enquiry in Maternal Deaths Programme in the United Kingdom.
Such a maternal mortalities and morbidities registry and
surveillance system would help providers, academicians,
lawmakers, and the public to address questions concerning the
types of, causes of, and best practices to thwart, pregnancy-
related or pregnancy-associated mortality and morbidity.
(15) The United Nations' Millennium Development Goal 5a
aimed to reduce by 75 percent, between 1990 and 2015, the
maternal mortality rate, yet this metric has not been achieved.
In fact, the maternal mortality rate in the United States has
been estimated to have more than doubled between 2000 and 2014.
Yet, because national data are not fully available, the United
States does not have an official maternal mortality rate.
(16) Many States have struggled to establish or maintain
Maternal Mortality Review Committees (referred to in this
section as ``MMRC''). On the State level, MMRCs have lagged
because States have not had the resources to mount local
reviews. State-level reviews are necessary as only the State
departments of health have the authority to request medical
records, autopsy reports, and police reports critical to the
function of the MMRC.
(17) The United Kingdom regards maternal deaths as a health
systems failure and a national committee of obstetrics experts
review each maternal death or near-fatal childbirth
complication. Such committee also establishes the predominant
course of maternal-related deaths from conditions such as
preeclampsia. Consequently, the United Kingdom has been able to
reduce its incidence of preeclampsia to less than one in 10,000
women--its lowest rate since 1952.
(18) The United States has no comparable, coordinated
Federal process by which to review cases of maternal mortality,
systems failures, or best practices. Many States have active
MMRCs and leverage their work to impact maternal wellness. For
example, the State of California has worked extensively with
their State health departments, health and hospital systems,
and research collaborative organizations, including the
California Maternal Quality Care Collaborative and the Alliance
for Innovation on Maternal Health, to establish MMRCs, wherein
such State has determined the most prevalent causes of maternal
mortality and recorded and shared data with providers and
researchers, who have developed and implemented safety bundles
and care protocols related to preeclampsia, maternal
hemorrhage, and the like. In this way, the State of California
has been able to leverage its maternal mortality review board
system, generate data, and apply those data to effect changes
in maternal care-related protocol. To date, the State of
California has reduced its maternal mortality rate, which is
now comparable to the low rates of the United Kingdom.
(19) Hospitals and health systems across the United States
lack standardization of emergency obstetrical protocols before,
during, and after delivery. Consequently, many providers are
delayed in recognizing critical signs indicating maternal
distress that quickly escalate into fatal or near-fatal
incidences. Moreover, any attempt to address an obstetrical
emergency that does not consider both clinical and public
health approaches falls woefully under the mark of excellent
care delivery. State-based maternal quality collaborative
organizations, such as the California Maternal Quality Care
Collaborative or entities participating in the Alliance for
Innovation on Maternal Health (AIM), have formed obstetrical
protocols, tool kits, and other resources to improve system
care and response as they relate to maternal complications and
warning signs for such conditions as maternal hemorrhage,
hypertension, and preeclampsia.
(20) The Centers for Disease Control and Prevention reports
that nearly half of all maternal deaths occur in the immediate
postpartum period--the 42 days following a pregnancy--whereas
more than one-third of pregnancy-related or pregnancy-
associated deaths occur while a person is still pregnant. Yet,
for women eligible for the Medicaid program on the basis of
pregnancy, such Medicaid coverage lapses at the end of the
month on which the 60th postpartum day lands.
(21) The experience of serious traumatic events, such as
being exposed to domestic violence, substance use disorder, or
pervasive racism, can over-activate the body's stress-response
system. Known as toxic stress, the repetition of high-doses of
cortisol to the brain, can harm healthy neurological
development, which can have cascading physical and mental
health consequences, as documented in the Adverse Childhood
Experiences study of the Centers for Disease Control and
Prevention.
(22) A growing body of evidence-based research has shown
the correlation between the stress associated with one's race--
the stress of racism--and one's birthing outcomes. The stress
of sex and race discrimination and institutional racism has
been demonstrated to contribute to a higher risk of maternal
mortality, irrespective of one's gestational age, maternal age,
socioeconomic status, or individual-level health risk factors,
including poverty, limited access to prenatal care, and poor
physical and mental health (although these are not nominal
factors). African-American women remain the most at risk for
pregnancy-associated or pregnancy-related causes of death. When
it comes to preeclampsia, for example, which is related to
obesity, African-American women of normal weight remain the
most at risk of dying during the perinatal period compared to
non-African-American obese women.
(23) The rising maternal mortality rate in the United
States is driven predominantly by the disproportionately high
rates of African-American maternal mortality.
(24) African-American women are 3 to 4 times more likely to
die from pregnancy or maternal-related distress than are White
women, yielding one of the greatest and most disconcerting
racial disparities in public health.
(25) Compared to women from other racial and ethnic
demographics, African-American women across the socioeconomic
spectrum experience prolonged, unrelenting stress related to
racial and gender discrimination, contributing to higher rates
of maternal mortality, giving birth to low-weight babies, and
experiencing pre-term birth. Racism is a risk-factor for these
aforementioned experiences. This cumulative stress often
extends across the life course and is situated in everyday
spaces where African-American women establish livelihood.
Structural barriers, lack of access to care, and genetic
predispositions to health vulnerabilities exacerbate African-
American women's likelihood to experience poor or fatal
birthing outcomes, but do not fully account for the great
disparity.
(26) African-American women are twice as likely to
experience postpartum depression, and disproportionately higher
rates of preeclampsia compared to White women.
(27) Racism is deeply ingrained in United States systems,
including in health care delivery systems between patients and
providers, often resulting in disparate treatment for pain,
irreverence for cultural norms with respect to health, and
dismissiveness. Research has demonstrated that patients respond
more warmly and adhere to medical treatment plans at a higher
degree with providers of the same race or ethnicity or with
providers with great ability to exercise empathy. However, the
provider pool is not primed with many people of color, nor are
providers (whether student-doctors in training or licensed
practitioners) consistently required to undergo implicit bias,
cultural competency, or empathy training on a consistent, on-
going basis.
(c) Improving Federal Efforts With Respect to Prevention of
Maternal Mortality.--
(1) Technical assistance for states with respect to
reporting maternal mortality.--Not later than one year after
the date of enactment of this Act, the Director of the Centers
for Disease Control and Prevention (referred to in this section
as the ``Director''), in consultation with the Administrator of
the Health Resources and Services Administration, shall provide
technical assistance to States that elect to report
comprehensive data on maternal mortality, including oral,
mental, and breastfeeding health information, for the purpose
of encouraging uniformity in the reporting of such data and to
encourage the sharing of such data among the respective States.
(2) Best practices relating to prevention of maternal
mortality.--
(A) In general.--Not later than one year after the
date of enactment of this Act--
(i) the Director, in consultation with
relevant patient and provider groups, shall
issue best practices to State maternal
mortality review committees on how best to
identify and review maternal mortality cases,
taking into account any data made available by
States relating to maternal mortality,
including data on oral, mental, and
breastfeeding health, and utilization of any
emergency services; and
(ii) the Director, working in collaboration
with the Health Resources and Services
Administration, shall issue best practices to
hospitals, State professional society groups,
and perinatal quality collaboratives on how
best to prevent maternal mortality.
(B) Authorization of appropriations.--For purposes
of carrying out this subsection, there is authorized to
be appropriated $5,000,000 for each of fiscal years
2022 through 2026.
(3) Alliance for innovation on maternal health grant
program.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this subsection as
the ``Secretary''), acting through the Associate
Administrator of the Maternal and Child Health Bureau
of the Health Resources and Services Administration,
shall establish a grant program to be known as the
Alliance for Innovation on Maternal Health Grant
Program (referred to in this subsection as ``AIM'')
under which the Secretary shall award grants to
eligible entities for the purpose of--
(i) directing widespread adoption and
implementation of maternal safety bundles
through collaborative State-based teams; and
(ii) collecting and analyzing process,
structure, and outcome data to drive continuous
improvement in the implementation of such
safety bundles by such State-based teams with
the ultimate goal of eliminating preventable
maternal mortality and severe maternal
morbidity in the United States.
(B) Eligible entities.--In order to be eligible for
a grant under paragraph (1), an entity shall--
(i) submit to the Secretary an application
at such time, in such manner, and containing
such information as the Secretary may require;
and
(ii) demonstrate in such application that
the entity is an interdisciplinary, multi-
stakeholder, national organization with a
national data-driven maternal safety and
quality improvement initiative based on
implementation approaches that have been proven
to improve maternal safety and outcomes in the
United States.
(C) Use of funds.--An eligible entity that receives
a grant under paragraph (1) shall use such grant
funds--
(i) to develop and implement, through a
robust, multi-stakeholder process, maternal
safety bundles to assist States and health care
systems in aligning national, State, and
hospital-level quality improvement efforts to
improve maternal health outcomes, specifically
the reduction of maternal mortality and severe
maternal morbidity;
(ii) to ensure, in developing and
implementing maternal safety bundles under
subparagraph (A), that such maternal safety
bundles--
(I) satisfy the quality improvement
needs of a State or health care system
by factoring in the results and
findings of relevant data reviews, such
as reviews conducted by a State
maternal mortality review committee;
and
(II) address topics such as--
(aa) obstetric hemorrhage;
(bb) maternal mental
health;
(cc) the maternal venous
system;
(dd) obstetric care for
women with substance use
disorders, including opioid use
disorder;
(ee) postpartum care basics
for maternal safety;
(ff) reduction of
peripartum racial and ethnic
disparities;
(gg) reduction of primary
caesarean birth;
(hh) severe hypertension in
pregnancy;
(ii) severe maternal
morbidity reviews;
(jj) support after a severe
maternal morbidity event;
(kk) thromboembolism;
(ll) optimization of
support for breastfeeding; and
(mm) maternal oral health;
and
(iii) to provide ongoing technical
assistance at the national and State levels to
support implementation of maternal safety
bundles under subparagraph (A).
(D) Maternal safety bundle defined.--For purposes
of this subsection, the term ``maternal safety bundle''
means standardized, evidence-informed processes for
maternal health care.
(E) Authorization of appropriations.--For purposes
of carrying out this subsection, there is authorized to
be appropriated $10,000,000 for each of fiscal years
2022 through 2025.
(4) Funding for state-based perinatal quality
collaboratives development and sustainability.--
(A) In general.--Not later than one year after the
date of enactment of this Act, the Secretary of Health
and Human Services (referred to in this subsection as
the ``Secretary''), acting through the Division of
Reproductive Health of the Centers for Disease Control
and Prevention, shall establish a grant program to be
known as the State-Based Perinatal Quality
Collaborative grant program under which the Secretary
awards grants to eligible entities for the purpose of
development and sustainability of perinatal quality
collaboratives in every State, the District of
Columbia, and eligible territories, in order to
measurably improve perinatal care and perinatal health
outcomes for pregnant and postpartum women and their
infants.
(B) Grant amounts.--Grants awarded under this
subsection shall be in amounts not to exceed $250,000
per year, for the duration of the grant period.
(C) State-based perinatal quality collaborative
defined.--For purposes of this subsection, the term
``State-based perinatal quality collaborative'' means a
network of multidisciplinary teams that--
(i) work to improve measurable outcomes for
maternal and infant health by advancing
evidence-informed clinical practices using
quality improvement principles;
(ii) work with hospital-based or outpatient
facility-based clinical teams, experts, and
stakeholders, including patients and families,
to spread best practices and optimize resources
to improve perinatal care and outcomes;
(iii) employ strategies that include the
use of the collaborative learning model to
provide opportunities for hospitals and
clinical teams to collaborate on improvement
strategies, rapid-response data to provide
timely feedback to hospital and other clinical
teams to track progress, and quality
improvement science to provide support and
coaching to hospital and clinical teams; and
(iv) have the goal of improving population-
level outcomes in maternal and infant health.
(D) Authorization of appropriations.--For purposes
of carrying out this subsection, there is authorized to
be appropriated $14,000,000 per year for each of fiscal
years 2022 through 2026.
(5) Expansion of medicaid and chip coverage for pregnant
and postpartum women.--
(A) Requiring coverage of oral health services for
pregnant and postpartum women.--
(i) Medicaid.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended--
(I) in subsection (a)(4)--
(aa) by striking ``; and
(D)'' and inserting ``; (D)'';
and
(bb) by inserting ``; and
(E) oral health services for
pregnant and postpartum women
(as defined in subsection
(ee))'' after ``subsection
(bb))''; and
(II) by adding at the end the
following new subsection:
``(ee) 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 1-year 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.''.
(ii) CHIP.--Section 2103(c)(5)(A) of the
Social Security Act (42 U.S.C. 1397cc(c)(5)(A))
is amended by inserting ``or a targeted low-
income pregnant woman'' after ``targeted low-
income child''.
(B) Extending medicaid coverage for pregnant and
postpartum women.--Section 1902 of the Social Security
Act (42 U.S.C. 1396a) is amended--
(i) in subsection (e)--
(I) in paragraph (5)--
(aa) by inserting
``(including oral health
services for pregnant and
postpartum women (as defined in
section 1905(ee))'' after
``postpartum medical assistance
under the plan''; and
(bb) by striking ``60-day''
and inserting ``1-year''; and
(II) in paragraph (6), by striking
``60-day'' and inserting ``1-year'';
and
(ii) in subsection (l)(1)(A), by striking
``60-day'' and inserting ``1-year''.
(C) Extending medicaid coverage for lawful
residents.--Section 1903(v)(4)(A) of the Social
Security Act (42 U.S.C. 1396b(v)(4)(A)) is amended by
striking ``60-day'' and inserting ``1-year''.
(D) Extending chip coverage for pregnant and
postpartum women.--Section 2112(d)(2)(A) of the Social
Security Act (42 U.S.C. 1397ll(d)(2)(A)) is amended by
striking ``60-day'' and inserting ``1-year''.
(E) Maintenance of effort.--
(i) Medicaid.--Section 1902(l) of the
Social Security Act (42 U.S.C. 1396a(l)) is
amended by adding at the end the following new
paragraph:
``(5) During the period that begins on the date of enactment of
this paragraph and ends on the date that is five years after such date
of enactment, as a condition for receiving any Federal payments under
section 1903(a) for calendar quarters occurring during such period, a
State shall not have in effect, with respect to women who are eligible
for medical assistance under the State plan or under a waiver of such
plan on the basis of being pregnant or having been pregnant,
eligibility standards, methodologies, or procedures under the State
plan or waiver that are more restrictive than the eligibility
standards, methodologies, or procedures, respectively, under such plan
or waiver that are in effect on the date of enactment of this
paragraph.''.
(ii) CHIP.--Section 2105(d) of the Social
Security Act (42 U.S.C. 1397ee(d)) is amended
by adding at the end the following new
paragraph:
``(4) In eligibility standards for targeted low-income
pregnant women.--During the period that begins on the date of
enactment of this paragraph and ends on the date that is five
years after such date of enactment, as a condition of receiving
payments under subsection (a) and section 1903(a), a State that
elects to provide assistance to women on the basis of being
pregnant (including pregnancy-related assistance provided to
targeted low-income pregnant women (as defined in section
2112(d)), pregnancy-related assistance provided to women who
are eligible for such assistance through application of section
1902(v)(4)(A)(i) under section 2107(e)(1), or any other
assistance under the State child health plan (or a waiver of
such plan) which is provided to women on the basis of being
pregnant) shall not have in effect, with respect to such women,
eligibility standards, methodologies, or procedures under such
plan (or waiver) that are more restrictive than the eligibility
standards, methodologies, or procedures, respectively, under
such plan (or waiver) that are in effect on the date of
enactment of this paragraph.''.
(F) Information on benefits.--The Secretary of
Health and Human Services shall make publicly available
on the Internet website of the Department of Health and
Human Services, information regarding benefits
available to pregnant and postpartum women and under
the Medicaid program and the Children's Health
Insurance Program, including information on--
(i) benefits that States are required to
provide to pregnant and postpartum women under
such programs;
(ii) optional benefits that States may
provide to pregnant and postpartum women under
such programs; and
(iii) the availability of different kinds
of benefits for pregnant and postpartum women,
including oral health and mental health
benefits, under such programs.
(G) Federal funding for cost of extended medicaid
and chip coverage for postpartum women.--
(i) Medicaid.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d), as amended by
paragraph (1), is further amended--
(I) in subsection (b), by striking
``and (aa)'' and inserting ``(aa), and
(ff)''; and
(II) by adding at the end the
following:
``(ff) Increased FMAP for Extended Medical Assistance for
Postpartum Women.--Notwithstanding subsection (b), the Federal medical
assistance percentage for a State, with respect to amounts expended by
such State for medical assistance for a woman who is eligible for such
assistance on the basis of being pregnant or having been pregnant that
is provided during the 305-day period that begins on the 60th day after
the last day of her pregnancy (including any such assistance provided
during the month in which such period ends), shall be equal to--
``(1) 100 percent for the first 20 calendar quarters during
which this subsection is in effect; and
``(2) 90 percent for calendar quarters thereafter.''.
(ii) CHIP.--Section 2105(c) of the Social
Security Act (42 U.S.C. 1397ee(c)) is amended
by adding at the end the following new
paragraph:
``(12) Enhanced payment for extended assistance provided to
pregnant women.--Notwithstanding subsection (b), the enhanced
FMAP, with respect to payments under subsection (a) for
expenditures under the State child health plan (or a waiver of
such plan) for assistance provided under the plan (or waiver)
to a woman who is eligible for such assistance on the basis of
being pregnant (including pregnancy-related assistance provided
to a targeted low-income pregnant woman (as defined in section
2112(d)), pregnancy-related assistance provided to a woman who
is eligible for such assistance through application of section
1902(v)(4)(A)(i) under section 2107(e)(1), or any other
assistance under the plan (or waiver) provided to a woman who
is eligible for such assistance on the basis of being pregnant)
during the 305-day period that begins on the 60th day after the
last day of her pregnancy (including any such assistance
provided during the month in which such period ends), shall be
equal to--
``(A) 100 percent for the first 20 calendar
quarters during which this paragraph is in effect; and
``(B) 90 percent for calendar quarters
thereafter.''.
(H) Effective date.--
(i) In general.--Subject to subparagraph
(B), the amendments made by this subsection
shall take effect on the first day of the first
calendar quarter that begins on or after the
date that is one year after the date of
enactment of this Act.
(ii) Exception for state legislation.--In
the case of a State plan under title XIX of the
Social Security Act or a State child health
plan under title XXI of such Act that the
Secretary of Health and Human Services
determines requires State legislation in order
for the respective plan to meet any requirement
imposed by amendments made by this subsection,
the respective plan shall not be regarded as
failing to comply with the requirements of such
title solely on the basis of its failure to
meet such an additional requirement before 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 enactment of this Act. For
purposes of the previous 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.
(6) Regional centers of excellence.--Part P of title III of
the Public Health Service Act is amended by adding at the end
the following new section:
``SEC. 399V-7. REGIONAL CENTERS OF EXCELLENCE ADDRESSING IMPLICIT BIAS
AND CULTURAL COMPETENCY IN PATIENT-PROVIDER INTERACTIONS
EDUCATION.
``(a) In General.--Not later than one year after the date of
enactment of this section, the Secretary, in consultation with such
other agency heads as the Secretary determines appropriate, shall award
cooperative agreements for the establishment or support of regional
centers of excellence addressing implicit bias and cultural competency
in patient-provider interactions education for the purpose of enhancing
and improving how health care professionals are educated in implicit
bias and delivering culturally competent health care.
``(b) Eligibility.--To be eligible to receive a cooperative
agreement under subsection (a), an entity shall--
``(1) be a public or other nonprofit entity specified by
the Secretary that provides educational and training
opportunities for students and health care professionals, which
may be a health system, teaching hospital, community health
center, medical school, school of public health, dental school,
social work school, school of professional psychology, or any
other health professional school or program at an institution
of higher education (as defined in section 101 of the Higher
Education Act of 1965) focused on the prevention, treatment, or
recovery of health conditions that contribute to maternal
mortality and the prevention of maternal mortality and severe
maternal morbidity;
``(2) demonstrate community engagement and participation,
such as through partnerships with home visiting and case
management programs; and
``(3) provide to the Secretary such information, at such
time and in such manner, as the Secretary may require.
``(c) Diversity.--In awarding a cooperative agreement under
subsection (a), the Secretary shall take into account any regional
differences among eligible entities and make an effort to ensure
geographic diversity among award recipients.
``(d) Dissemination of Information.--
``(1) Public availability.--The Secretary shall make
publicly available on the internet website of the Department of
Health and Human Services information submitted to the
Secretary under subsection (b)(3).
``(2) Evaluation.--The Secretary shall evaluate each
regional center of excellence established or supported pursuant
to subsection (a) and disseminate the findings resulting from
each such evaluation to the appropriate public and private
entities.
``(3) Distribution.--The Secretary shall share evaluations
and overall findings with State departments of health and other
relevant State level offices to inform State and local best
practices.
``(e) Maternal Mortality Defined.--In this section, the term
`maternal mortality' means death of a woman that occurs during
pregnancy or within the one-year period following the end of such
pregnancy.
``(f) Authorization of Appropriations.--For purposes of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of fiscal years 2022 through 2026.''.
(7) Special supplemental nutrition program for women,
infants, and children.--Section 17(d)(3)(A)(ii) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(d)(3)(A)(ii)) is
amended--
(A) by striking the clause designation and heading
and all that follows through ``A State'' and inserting
the following:
``(ii) Women.--
``(I) Breastfeeding women.--A
State'';
(B) in subclause (I) (as so designated), by
striking ``1 year'' and all that follows through
``earlier'' and inserting ``2 years postpartum''; and
(C) by adding at the end the following:
``(II) Postpartum women.--A State
may elect to certify a postpartum woman
for a period of 2 years.''.
(8) Definitions.--In this section:
(A) Maternal mortality.--The term ``maternal
mortality'' means death of a woman that occurs during
pregnancy or within the one-year period following the
end of such pregnancy.
(B) Severe maternal morbidity.--The term ``severe
maternal morbidity'' includes unexpected outcomes of
labor and delivery that result in significant short-
term or long-term consequences to a woman's health.
(d) Increasing Excise Taxes on Cigarettes and Establishing Excise
Tax Equity Among All Tobacco Product Tax Rates.--
(1) Tax parity for roll-your-own tobacco.--Section 5701(g)
of the Internal Revenue Code of 1986 is amended by striking
``$24.78'' and inserting ``$49.56''.
(2) Tax parity for pipe tobacco.--Section 5701(f) of the
Internal Revenue Code of 1986 is amended by striking ``$2.8311
cents'' and inserting ``$49.56''.
(3) Tax parity for smokeless tobacco.--
(A) Section 5701(e) of the Internal Revenue Code of
1986 is amended--
(i) in paragraph (1), by striking ``$1.51''
and inserting ``$26.84'';
(ii) in paragraph (2), by striking ``50.33
cents'' and inserting ``$10.74''; and
(iii) by adding at the end the following:
``(3) Smokeless tobacco sold in discrete single-use
units.--On discrete single-use units, $100.66 per thousand.''.
(B) Section 5702(m) of such Code is amended--
(i) in paragraph (1), by striking ``or
chewing tobacco'' and inserting ``, chewing
tobacco, or discrete single-use unit'';
(ii) in paragraphs (2) and (3), by
inserting ``that is not a discrete single-use
unit'' before the period in each such
paragraph; and
(iii) by adding at the end the following:
``(4) Discrete single-use unit.--The term `discrete single-
use unit' means any product containing tobacco that--
``(A) is not intended to be smoked; and
``(B) is in the form of a lozenge, tablet, pill,
pouch, dissolvable strip, or other discrete single-use
or single-dose unit.''.
(4) Tax parity for small cigars.--Paragraph (1) of section
5701(a) of the Internal Revenue Code of 1986 is amended by
striking ``$50.33'' and inserting ``$100.66''.
(5) Tax parity for large cigars.--
(A) In general.--Paragraph (2) of section 5701(a)
of the Internal Revenue Code of 1986 is amended by
striking ``52.75 percent'' and all that follows through
the period and inserting the following: ``$49.56 per
pound and a proportionate tax at the like rate on all
fractional parts of a pound but not less than 10.066
cents per cigar.''.
(B) Guidance.--The Secretary of the Treasury, or
the Secretary's delegate, may issue guidance regarding
the appropriate method for determining the weight of
large cigars for purposes of calculating the applicable
tax under section 5701(a)(2) of the Internal Revenue
Code of 1986.
(6) Tax parity for roll-your-own tobacco and certain
processed tobacco.--Subsection (o) of section 5702 of the
Internal Revenue Code of 1986 is amended by inserting ``, and
includes processed tobacco that is removed for delivery or
delivered to a person other than a person with a permit
provided under section 5713, but does not include removals of
processed tobacco for exportation'' after ``wrappers thereof''.
(7) Clarifying tax rate for other tobacco products.--
(A) In general.--Section 5701 of the Internal
Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(i) Other Tobacco Products.--Any product not otherwise described
under this section that has been determined to be a tobacco product by
the Food and Drug Administration through its authorities under the
Family Smoking Prevention and Tobacco Control Act shall be taxed at a
level of tax equivalent to the tax rate for cigarettes on an estimated
per use basis as determined by the Secretary.''.
(B) Establishing per use basis.--For purposes of
section 5701(i) of the Internal Revenue Code of 1986,
not later than 12 months after the later of the date of
the enactment of this Act or the date that a product
has been determined to be a tobacco product by the Food
and Drug Administration, the Secretary of the Treasury
(or the Secretary of the Treasury's delegate) shall
issue final regulations establishing the level of tax
for such product that is equivalent to the tax rate for
cigarettes on an estimated per use basis.
(8) Clarifying definition of tobacco products.--
(A) In general.--Subsection (c) of section 5702 of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(c) Tobacco Products.--The term `tobacco products' means--
``(1) cigars, cigarettes, smokeless tobacco, pipe tobacco,
and roll-your-own tobacco, and
``(2) any other product subject to tax pursuant to section
5701(i).''.
(B) Conforming amendments.--Subsection (d) of
section 5702 of such Code is amended by striking
``cigars, cigarettes, smokeless tobacco, pipe tobacco,
or roll-your-own tobacco'' each place it appears and
inserting ``tobacco products''.
(9) Increasing tax on cigarettes.--
(A) Small cigarettes.--Section 5701(b)(1) of such
Code is amended by striking ``$50.33'' and inserting
``$100.66''.
(B) Large cigarettes.--Section 5701(b)(2) of such
Code is amended by striking ``$105.69'' and inserting
``$211.38''.
(10) Tax rates adjusted for inflation.--Section 5701 of
such Code, as amended by subsection (g), is amended by adding
at the end the following new subsection:
``(j) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year
beginning after 2021, the dollar amounts provided under this
chapter shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2017' for `calendar year
2016' in subparagraph (A)(ii) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $0.01, such amount shall be rounded to
the next highest multiple of $0.01.''.
(11) Floor stocks taxes.--
(A) Imposition of tax.--On tobacco products
manufactured in or imported into the United States
which are removed before any tax increase date and held
on such date for sale by any person, there is hereby
imposed a tax in an amount equal to the excess of--
(i) the tax which would be imposed under
section 5701 of the Internal Revenue Code of
1986 on the article if the article had been
removed on such date, over
(ii) the prior tax (if any) imposed under
section 5701 of such Code on such article.
(B) Credit against tax.--Each person shall be
allowed as a credit against the taxes imposed by
paragraph (1) an amount equal to $500. Such credit
shall not exceed the amount of taxes imposed by
paragraph (1) on such date for which such person is
liable.
(C) Liability for tax and method of payment.--
(i) Liability for tax.--A person holding
tobacco products on any tax increase date to
which any tax imposed by paragraph (1) applies
shall be liable for such tax.
(ii) Method of payment.--The tax imposed by
paragraph (1) shall be paid in such manner as
the Secretary shall prescribe by regulations.
(iii) Time for payment.--The tax imposed by
paragraph (1) shall be paid on or before the
date that is 120 days after the effective date
of the tax rate increase.
(D) Articles in foreign trade zones.--
Notwithstanding the Act of June 18, 1934 (commonly
known as the Foreign Trade Zone Act, 48 Stat. 998, 19
U.S.C. 81a et seq.), or any other provision of law, any
article which is located in a foreign trade zone on any
tax increase date shall be subject to the tax imposed
by paragraph (1) if--
(i) internal revenue taxes have been
determined, or customs duties liquidated, with
respect to such article before such date
pursuant to a request made under the 1st
proviso of section 3(a) of such Act; or
(ii) such article is held on such date
under the supervision of an officer of the
United States Customs and Border Protection of
the Department of Homeland Security pursuant to
the 2d proviso of such section 3(a).
(E) Definitions.--For purposes of this subsection--
(i) In general.--Any term used in this
subsection which is also used in section 5702
of such Code shall have the same meaning as
such term has in such section.
(ii) Tax increase date.--The term ``tax
increase date'' means the effective date of any
increase in any tobacco product excise tax rate
pursuant to the amendments made by this section
(other than subsection (j) thereof).
(iii) Secretary.--The term ``Secretary''
means the Secretary of the Treasury or the
Secretary's delegate.
(F) Controlled groups.--Rules similar to the rules
of section 5061(e)(3) of such Code shall apply for
purposes of this subsection.
(G) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the
taxes imposed by section 5701 of such Code shall,
insofar as applicable and not inconsistent with the
provisions of this subsection, apply to the floor
stocks taxes imposed by paragraph (1), to the same
extent as if such taxes were imposed by such section
5701. The Secretary may treat any person who bore the
ultimate burden of the tax imposed by paragraph (1) as
the person to whom a credit or refund under such
provisions may be allowed or made.
(12) Effective dates.--
(A) In general.--Except as provided in paragraphs
(2) through (4), the amendments made by this section
shall apply to articles removed (as defined in section
5702(j) of the Internal Revenue Code of 1986) after the
last day of the month which includes the date of the
enactment of this Act.
(B) Discrete single-use units and processed
tobacco.--The amendments made by subsections (c)(1)(C),
(c)(2), and (f) shall apply to articles removed (as
defined in section 5702(j) of the Internal Revenue Code
of 1986) after the date that is 6 months after the date
of the enactment of this Act.
(C) Large cigars.--The amendments made by
subsection (e) shall apply to articles removed after
December 31, 2021.
(D) Other tobacco products.--The amendments made by
subsection (g)(1) shall apply to products removed after
the last day of the month which includes the date that
the Secretary of the Treasury (or the Secretary of the
Treasury's delegate) issues final regulations
establishing the level of tax for such product.
SEC. 317504. ALLOWING FOR MEDICAL ASSISTANCE UNDER MEDICAID FOR INMATES
DURING 30-DAY PERIOD PRECEDING RELEASE.
(a) In General.--The subdivision (A) following paragraph (30) of
section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is
amended by inserting ``and except during the 30-day period preceding
the date of release of such individual from such public institution''
after ``medical institution''.
(b) Report.--Not later than June 30, 2022, the Medicaid and CHIP
Payment and Access Commission shall submit a report to Congress on the
Medicaid inmate exclusion under the subdivision (A) following paragraph
(30) of section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)). Such report may, to the extent practicable, include the
following information:
(1) The number of incarcerated individuals who would
otherwise be eligible to enroll for medical assistance under a
State plan approved under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.) (or a waiver of such a plan).
(2) Access to health care for incarcerated individuals,
including a description of medical services generally available
to incarcerated individuals.
(3) A description of current practices related to the
discharge of incarcerated individuals, including how prisons
interact with State Medicaid agencies to ensure that such
individuals who are eligible to enroll for medical assistance
under a State plan or waiver described in paragraph (1) are so
enrolled.
(4) If determined appropriate by the Commission,
recommendations for Congress, the Department of Health and
Human Services, or States regarding the Medicaid inmate
exclusion.
(5) Any other information that the Commission determines
would be useful to Congress.
SEC. 317505. PROVIDING FOR IMMEDIATE MEDICAID ELIGIBILITY FOR FORMER
FOSTER YOUTH.
Section 1002(a)(2) of the SUPPORT for Patients and Communities Act
(Public Law 115-271) is amended by striking ``January 1, 2023'' and
inserting ``the date of enactment of the Ending Health Disparities
During COVID-19 Act of 2021''.
SEC. 317506. EXPANDED COVERAGE FOR FORMER FOSTER YOUTH.
(a) Coverage Continuity for Former Foster Care Children up to Age
26.--
(1) In general.--Section 1002(a)(1)(B) of the SUPPORT for
Patients and Communities Act (Public Law 115-271) is amended by
striking all that follows after ``item (cc),'' and inserting
the following: ``by striking `responsibility of the State' and
all that follows through `475(8)(B)(iii); and' and inserting
`responsibility of a State on the date of attaining 18 years of
age (or such higher age as such State has elected under section
475(8)(B)(iii)), or who were in such care at any age but
subsequently left such care to enter into a legal guardianship
with a kinship caregiver (without regard to whether kinship
guardianship payments are being made on behalf of the child
under this part) or were emancipated from such care prior to
attaining age 18;'''.
(2) Amendments to social security act.--
(A) In general.--Section 1902(a)(10)(A)(i)(IX) of
the Social Security Act (42 U.S.C.
1396a(a)(10)(A)(i)(IX)), as amended by section 1002(a)
of the SUPPORT for Patients and Communities Act (Public
Law 115-271), is amended--
(i) in item (bb), by striking the semicolon
at the end and inserting ``; and''; and
(ii) by striking item (dd).
(B) Effective date.--The amendments made by this
paragraph shall take effect on January 1, 2023.
(b) Outreach Efforts for Enrollment of Former Foster Children.--
Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is
amended--
(1) in paragraph (85), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (86), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (86) the following new
paragraph:
``(87) not later than January 1, 2021, establish an
outreach and enrollment program, in coordination with the State
agency responsible for administering the State plan under part
E of title IV and any other appropriate or interested agencies,
designed to increase the enrollment of individuals who are
eligible for medical assistance under the State plan under
paragraph (10)(A)(i)(IX) in accordance with best practices
established by the Secretary.''.
SEC. 317507. REMOVING CITIZENSHIP AND IMMIGRATION BARRIERS TO ACCESS TO
AFFORDABLE HEALTH CARE UNDER ACA.
(a) In General.--
(1) Premium tax credits.--Section 36B of the Internal
Revenue Code of 1986 is amended--
(A) in subsection (c)(1)(B)--
(i) by amending the heading to read as
follows: ``Special rule for certain individuals
ineligible for medicaid due to status'', and
(ii) in clause (ii), by striking ``lawfully
present in the United States, but'' and
inserting ``who'', and
(B) by striking subsection (e).
(2) Cost-sharing reductions.--Section 1402 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18071) is amended
by striking subsection (e).
(3) Basic health program eligibility.--Section
1331(e)(1)(B) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18051(e)(1)(B)) is amended by striking ``lawfully
present in the United States''.
(4) Restrictions on federal payments.--Section 1412 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18082) is
amended by striking subsection (d).
(5) Requirement to maintain minimum essential coverage.--
Section 5000A(d) of the Internal Revenue Code of 1986 is
amended by striking paragraph (3) and by redesignating
paragraph (4) as paragraph (3).
(b) Conforming Amendments.--
(1) Section 1411(a) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18081(a)) is amended by striking
paragraph (1) and redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3), respectively.
(2) Section 1312(f) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18032(f)) is amended--
(A) in the heading, by striking ``; Access Limited
to Citizens and Lawful Residents''; and
(B) by striking paragraph (3).
SEC. 317508. MEDICAID IN THE TERRITORIES.
(a) Elimination of General Medicaid Funding Limitations (``cap'')
for Territories.--
(1) In general.--Section 1108 of the Social Security Act
(42 U.S.C. 1308) is amended--
(A) in subsection (f), in the matter preceding
paragraph (1), by striking ``subsection (g)'' and
inserting ``subsections (g) and (h)'';
(B) in subsection (g)(2), in the matter preceding
subparagraph (A), by inserting ``and subsection (h)''
after ``paragraphs (3) and (5)''; and
(C) by adding at the end the following new
subsection:
``(h) Sunset of Medicaid Funding Limitations for Puerto Rico, the
Virgin Islands of the United States, Guam, the Northern Mariana
Islands, and American Samoa.--Subsections (f) and (g) shall not apply
to Puerto Rico, the Virgin Islands of the United States, Guam, the
Northern Mariana Islands, and American Samoa beginning with fiscal year
2022.''.
(2) Conforming amendments.--
(A) Section 1902(j) of the Social Security Act (42
U.S.C. 1396a(j)) is amended by striking ``, the
limitation in section 1108(f),''.
(B) Section 1903(u) of the Social Security Act (42
U.S.C. 1396b(u)) is amended by striking paragraph (4).
(C) Section 1323(c)(1) of the Patient Protection
and Affordable Care Act (42 U.S.C. 18043(c)(1)) is
amended by striking ``2019'' and inserting ``2018''.
(3) Effective date.--The amendments made by this section
shall apply beginning with fiscal year 2022.
(b) Elimination of Specific Federal Medical Assistance Percentage
(FMAP) Limitation for Territories.--Section 1905(b) of the Social
Security Act (42 U.S.C. 1396d(b)) is amended, in clause (2), by
inserting ``for fiscal years before fiscal year 2020'' after ``American
Samoa''.
(c) Application of Medicaid Waiver Authority to All of the
Territories.--
(1) In general.--Section 1902(j) of the Social Security Act
(42 U.S.C. 1396a(j)) is amended--
(A) by striking ``American Samoa and the Northern
Mariana Islands'' and inserting ``Puerto Rico, the
Virgin Islands of the United States, Guam, the Northern
Mariana Islands, and American Samoa'';
(B) by striking ``American Samoa or the Northern
Mariana Islands'' and inserting ``Puerto Rico, the
Virgin Islands of the United States, Guam, the Northern
Mariana Islands, or American Samoa'';
(C) by inserting ``(1)'' after ``(j)'';
(D) by inserting ``except as otherwise provided in
this subsection,'' after ``Notwithstanding any other
requirement of this title''; and
(E) by adding at the end the following:
``(2) The Secretary may not waive under this subsection the
requirement of subsection (a)(10)(A)(i)(IX) (relating to
coverage of adults formerly under foster care) with respect to
any territory.''.
(2) Effective date.--The amendments made by this section
shall apply beginning October 1, 2023.
(d) Permitting Medicaid DSH Allotments for Territories.--Section
1923(f) of the Social Security Act (42 U.S.C. 1396r-4) is amended--
(1) in paragraph (6), by adding at the end the following
new subparagraph:
``(C) Territories.--
``(i) Fiscal year 2020.--For fiscal year
2020, the DSH allotment for Puerto Rico, the
Virgin Islands of the United States, Guam, the
Northern Mariana Islands, and American Samoa
shall bear the same ratio to $300,000,000 as
the ratio of the number of individuals who are
low-income or uninsured and residing in such
respective territory (as estimated from time to
time by the Secretary) bears to the sums of the
number of such individuals residing in all of
the territories.
``(ii) Subsequent fiscal year.--For each
subsequent fiscal year, the DSH allotment for
each such territory is subject to an increase
in accordance with paragraph (2).''; and
(2) in paragraph (9), by inserting before the period at the
end the following: ``, and includes, beginning with fiscal year
2021, Puerto Rico, the Virgin Islands of the United States,
Guam, the Northern Mariana Islands, and American Samoa''.
SEC. 317509. REMOVING MEDICARE BARRIER TO HEALTH CARE.
(a) Part A.--Section 1818(a)(3) of the Social Security Act (42
U.S.C. 1395i-2(a)(3)) is amended by striking ``an alien'' and all that
follows through ``under this section'' and inserting ``an individual
who is lawfully present in the United States''.
(b) Part B.--Section 1836(2) of the Social Security Act (42 U.S.C.
1395o(2)) is amended by striking ``an alien'' and all that follows
through ``under this part'' and inserting ``an individual who is
lawfully present in the United States''.
SEC. 317510. REMOVING BARRIERS TO HEALTH CARE AND NUTRITION ASSISTANCE
FOR CHILDREN, PREGNANT PERSONS, AND LAWFULLY PRESENT
INDIVIDUALS.
(a) Medicaid.--Section 1903(v) of the Social Security Act (42
U.S.C. 1396b(v)) is amended by striking paragraph (4) and inserting the
following new paragraph:
``(4)(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 and paragraph (1), payment shall be made to a State under this
section for medical assistance furnished to an alien under this title
(including an alien described in such paragraph) who meets any of the
following conditions:
``(i) The alien is otherwise eligible for such assistance
under the State plan approved under this title (other than the
requirement of the receipt of aid or assistance under title IV,
supplemental security income benefits under title XVI, or a
State supplementary payment) within either or both of the
following eligibility categories:
``(I) Children under 21 years of age, including any
optional targeted low-income child (as such term is
defined in section 1905(u)(2)(B)).
``(II) Pregnant persons during pregnancy and during
the 12-month period beginning on the last day of the
pregnancy.
``(ii) The alien is lawfully present in the United States.
``(B) No debt shall accrue under an affidavit of support against
any sponsor of an alien who meets the conditions specified in
subparagraph (A) on the basis of the provision of medical assistance to
such alien under this paragraph and the cost of such assistance shall
not be considered as an unreimbursed cost.''.
(b) SCHIP.--Subparagraph (N) of section 2107(e)(1) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows:
``(N) Paragraph (4) of section 1903(v) (relating to
coverage of categories of children, pregnant persons,
and other lawfully present individuals).''.
(c) Supplemental Nutrition Assistance.--Notwithstanding sections
401(a), 402(a), and 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a); 1612(a);
1613(a)) and section 6(f) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(f)), persons who are lawfully present in the United States
shall be not be ineligible for benefits under the supplemental
nutrition assistance program on the basis of their immigration status
or date of entry into the United States.
(d) Eligibility for Families With Children.--Section 421(d)(3) of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1631(d)(3)) is amended by striking ``to the extent that
a qualified alien is eligible under section 402(a)(2)(J)'' and
inserting, ``to the extent that a child is a member of a household
under the supplemental nutrition assistance program''.
(e) Ensuring Proper Screening.--Section 11(e)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(e)(2)(B)) is amended--
(1) by redesignating clauses (vi) and (vii) as clauses
(vii) and (viii); and
(2) by inserting after clause (v) the following:
``(vi) shall provide a method for
implementing section 421 of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1631) that
does not require any unnecessary information
from persons who may be exempt from that
provision;''.
SEC. 317511. REPEAL OF REQUIREMENT FOR DOCUMENTATION EVIDENCING
CITIZENSHIP OR NATIONALITY UNDER THE MEDICAID PROGRAM.
(a) Repeal.--Subsections (i)(22) and (x) of section 1903 of the
Social Security Act (42 U.S.C. 1396b) are each repealed.
(b) Conforming Amendments.--
(1) State payments for medical assistance.--Section 1902 of
the Social Security Act (42 U.S.C. 1396a) is amended--
(A) by amending paragraph (46) of subsection (a) to
read as follows:
``(46) provide that information is requested and exchanged
for purposes of income and eligibility verification in
accordance with a State system which meets the requirements of
section 1137 of this Act;'';
(B) in subsection (e)(13)(A)(i)--
(i) in the matter preceding subclause (I),
by striking ``sections 1902(a)(46)(B) and
1137(d)'' and inserting ``section 1137(d)'';
and
(ii) in subclause (IV), by striking
``1902(a)(46)(B) or''; and
(C) by striking subsection (ee).
(2) Payment to states.--Section 1903 of the Social Security
Act (42 U.S.C. 1396b) is amended--
(A) in subsection (i), by redesignating paragraphs
(23) through (26) as paragraphs (22) through (25),
respectively; and
(B) by redesignating subsections (y) and (z) as
subsections (x) and (y), respectively.
(3) Repeal.--Subsection (c) of section 6036 of the Deficit
Reduction Act of 2005 (42 U.S.C. 1396b note) is repealed.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Deficit Reduction Act of
2005.
PART 6--COMMUNITY BASED GRANTS
SEC. 317601. GRANTS FOR RACIAL AND ETHNIC APPROACHES TO COMMUNITY
HEALTH.
(a) Purpose.--It is the purpose of this section to award grants to
assist communities in mobilizing and organizing resources in support of
effective and sustainable programs that will reduce or eliminate
disparities in health and health care experienced by racial and ethnic
minority individuals.
(b) Authority To Award Grants.--The Secretary of Health and Human
Services, acting through the Administrator of the Health Resources and
Services Administration (referred to in this section as the
``Secretary''), shall award grants to eligible entities to assist in
designing, implementing, and evaluating culturally and linguistically
appropriate, science-based, and community-driven sustainable strategies
to eliminate racial and ethnic health and health care disparities.
(c) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall--
(1) represent a coalition--
(A) whose principal purpose is to develop and
implement interventions to reduce or eliminate a health
or health care disparity in a targeted racial or ethnic
minority group in the community served by the
coalition; and
(B) that includes--
(i) members selected from among--
(I) public health departments;
(II) community-based organizations;
(III) university and research
organizations;
(IV) Indian tribes or tribal
organizations (as such terms are
defined in section 4 of the Indian
Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), the
Indian Health Service, or any other
organization that serves Alaska
Natives; and
(V) interested public or private
health care providers or organizations
as determined appropriate by the
Secretary; and
(ii) at least 1 member from a community-
based organization that represents the targeted
racial or ethnic minority group; and
(2) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require, which shall include--
(A) a description of the targeted racial or ethnic
populations in the community to be served under the
grant;
(B) a description of at least 1 health disparity
that exists in the racial or ethnic targeted
populations, including health issues such as infant
mortality, breast and cervical cancer screening and
management, musculoskeletal diseases and obesity,
prostate cancer screening and management,
cardiovascular disease, diabetes, child and adult
immunization levels, oral disease, or other health
priority areas as designated by the Secretary; and
(C) a demonstration of a proven record of
accomplishment of the coalition members in serving and
working with the targeted community.
(d) Sustainability.--The Secretary shall give priority to an
eligible entity under this section if the entity agrees that, with
respect to the costs to be incurred by the entity in carrying out the
activities for which the grant was awarded, the entity (and each of the
participating partners in the coalition represented by the entity) will
maintain its expenditures of non-Federal funds for such activities at a
level that is not less than the level of such expenditures during the
fiscal year immediately preceding the first fiscal year for which the
grant is awarded.
(e) Nonduplication.--Any funds provided to an eligible entity
through a grant under this section shall--
(1) supplement, not supplant, any other Federal funds made
available to the entity for the purposes of this section; and
(2) not be used to duplicate the activities of any other
health disparity grant program under this subtitle, including
an amendment made by this subtitle.
(f) Technical Assistance.--The Secretary may, either directly or by
grant or contract, provide any entity that receives a grant under this
section with technical and other nonfinancial assistance necessary to
meet the requirements of this section.
(g) Dissemination.--The Secretary shall encourage and enable
eligible entities receiving grants under this section to share best
practices, evaluation results, and reports with communities not
affiliated with such entities, by using the Internet, conferences, and
other pertinent information regarding the projects funded by this
section, including through using outreach efforts of the Office of
Minority Health and the Centers for Disease Control and Prevention.
(h) Administrative Burdens.--The Secretary shall make every effort
to minimize duplicative or unnecessary administrative burdens on
eligible entities receiving grants under this section.
(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 317602. GRANTS TO PROMOTE HEALTH FOR UNDERSERVED COMMUNITIES.
Part Q 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:
``SEC. 399Z-3. GRANTS TO PROMOTE HEALTH FOR UNDERSERVED COMMUNITIES.
``(a) Grants Authorized.--The Secretary, in collaboration with the
Administrator of the Health Resources and Services Administration and
other Federal officials determined appropriate by the Secretary, is
authorized to award grants to eligible entities--
``(1) to promote health for underserved communities, with
preference given to projects that benefit racial and ethnic
minority women, racial and ethnic minority children,
adolescents, and lesbian, gay, bisexual, transgender, queer, or
questioning communities; and
``(2) to strengthen health outreach initiatives in
medically underserved communities, including linguistically
isolated populations.
``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may
be used to support the activities of community health workers,
including such activities--
``(1) to educate and provide outreach regarding enrollment
in health insurance including the State Children's Health
Insurance Program under title XXI of the Social Security Act,
Medicare under title XVIII of such Act, and Medicaid under
title XIX of such Act;
``(2) to educate and provide outreach in a community
setting regarding health problems prevalent among underserved
communities, and especially among racial and ethnic minority
women, racial and ethnic minority children, adolescents, and
lesbian, gay, bisexual, transgender, queer, or questioning
communities;
``(3) to educate and provide experiential learning
opportunities and target risk factors and healthy behaviors
that impede or contribute to achieving positive health
outcomes, including--
``(A) healthy nutrition;
``(B) physical activity;
``(C) overweight or obesity;
``(D) tobacco use, including the use of e-
cigarettes and vaping;
``(E) alcohol and substance use;
``(F) injury and violence;
``(G) sexual health;
``(H) mental health;
``(I) musculoskeletal health and arthritis;
``(J) prenatal and postnatal care;
``(K) dental and oral health;
``(L) understanding informed consent;
``(M) stigma; and
``(N) environmental hazards;
``(4) to promote community wellness and awareness; and
``(5) to educate and refer target populations to
appropriate health care agencies and community-based programs
and organizations in order to increase access to quality health
care services, including preventive health services.
``(c) Application.--
``(1) In general.--Each eligible entity that desires to
receive a grant under subsection (a) shall submit an
application to the Secretary, at such time, in such manner, and
accompanied by such additional information as the Secretary may
require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought;
``(B) contain an assurance that, with respect to
each community health worker program receiving funds
under the grant awarded, such program provides in-
language training and supervision to community health
workers to enable such workers to provide authorized
program activities in (at least) the most commonly used
languages within a particular geographic region;
``(C) contain an assurance that the applicant will
evaluate the effectiveness of community health worker
programs receiving funds under the grant;
``(D) contain an assurance that each community
health worker program receiving funds under the grant
will provide culturally competent services in the
linguistic context most appropriate for the individuals
served by the program;
``(E) contain a plan to document and disseminate
project descriptions and results to other States and
organizations as identified by the Secretary; and
``(F) describe plans to enhance the capacity of
individuals to utilize health services and health-
related social services under Federal, State, and local
programs by--
``(i) assisting individuals in establishing
eligibility under the programs and in receiving
the services or other benefits of the programs;
and
``(ii) providing other services, as the
Secretary determines to be appropriate, which
may include transportation and translation
services.
``(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants--
``(1) who propose to target geographic areas that--
``(A)(i) have a high percentage of residents who
are uninsured or underinsured (if the targeted
geographic area is located in a State that has elected
to make medical assistance available under section
1902(a)(10)(A)(i)(VIII) of the Social Security Act to
individuals described in such section);
``(ii) have a high percentage of underinsured
residents in a particular geographic area (if the
targeted geographic area is located in a State that has
not so elected); or
``(iii) have a high number of households
experiencing extreme poverty; and
``(B) have a high percentage of families for whom
English is not their primary language or including
smaller limited-English-proficient communities within
the region that are not otherwise reached by
linguistically appropriate health services;
``(2) with experience in providing health or health-related
social services to individuals who are underserved with respect
to such services; and
``(3) with documented community activity and experience
with community health workers.
``(e) Collaboration With Academic Institutions.--The Secretary
shall encourage community health worker programs receiving funds under
this section to collaborate with academic institutions, including
minority-serving institutions. Nothing in this section shall be
construed to require such collaboration.
``(f) Quality Assurance and Cost Effectiveness.--The Secretary
shall establish guidelines for ensuring the quality of the training and
supervision of community health workers under the programs funded under
this section and for ensuring the cost effectiveness of such programs.
``(g) Monitoring.--The Secretary shall monitor community health
worker programs identified in approved applications and shall determine
whether such programs are in compliance with the guidelines established
under subsection (f).
``(h) Technical Assistance.--The Secretary may provide technical
assistance to community health worker programs identified in approved
applications with respect to planning, developing, and operating
programs under the grant.
``(i) Report to Congress.--
``(1) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under subsection (a),
the Secretary shall submit to Congress a report regarding the
grant project.
``(2) Contents.--The report required under paragraph (1)
shall include the following:
``(A) A description of the programs for which grant
funds were used.
``(B) The number of individuals served.
``(C) An evaluation of--
``(i) the effectiveness of these programs;
``(ii) the cost of these programs; and
``(iii) the impact of these programs on the
health outcomes of the community residents.
``(D) Recommendations for sustaining the community
health worker programs developed or assisted under this
section.
``(E) Recommendations regarding training to enhance
career opportunities for community health workers.
``(j) Definitions.--In this section:
``(1) Community health worker.--The term `community health
worker' means an individual who promotes health or nutrition
within the community in which the individual resides--
``(A) by serving as a liaison between communities
and health care agencies;
``(B) by providing guidance and social assistance
to community residents;
``(C) by enhancing community residents' ability to
effectively communicate with health care providers;
``(D) by providing culturally and linguistically
appropriate health or nutrition education;
``(E) by advocating for individual and community
health, including dental, oral, mental, and
environmental health, or nutrition needs;
``(F) by taking into consideration the needs of the
communities served, including the prevalence rates of
risk factors that impede achieving positive healthy
outcomes among women and children, especially among
racial and ethnic minority women and children; and
``(G) by providing referral and followup services.
``(2) Community setting.--The term `community setting'
means a home or a community organization that serves a
population.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) a unit of State, territorial, local, or
Tribal government (including a federally recognized
Tribe or Alaska Native village); or
``(B) a community-based organization.
``(4) Medically underserved community.--The term `medically
underserved community' means a community--
``(A) that has a substantial number of individuals
who are members of a medically underserved population,
as defined by section 330(b)(3);
``(B) a significant portion of which is a health
professional shortage area as designated under section
332; and
``(C) that includes populations that are
linguistically isolated, such as geographic areas with
a shortage of health professionals able to provide
linguistically appropriate services.
``(5) Support.--The term `support' means the provision of
training, supervision, and materials needed to effectively
deliver the services described in subsection (b), reimbursement
for services, and other benefits.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2022 through 2028.''.
SEC. 317603. ADDRESSING COVID-19 HEALTH INEQUITIES AND IMPROVING HEALTH
EQUITY.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary''), acting through the Director of the
Centers for Disease Control and Prevention, shall award grants to
eligible entities to establish or expand programs to improve health
equity regarding COVID-19 and reduce or eliminate inequities, including
racial and ethnic inequities, in the incidence, prevalence, and health
outcomes of COVID-19.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a nongovernmental entity or consortium of entities
that works to improve health and health equity in populations
or communities disproportionately affected by adverse health
outcomes, including--
(A) racial and ethnic minority communities;
(B) Indian Tribes, Tribal organizations, and urban
Indian organizations;
(C) people with disabilities;
(D) English language learners;
(E) older adults;
(F) low-income communities;
(G) justice-involved communities;
(H) immigrant communities; and
(I) communities on the basis of their sexual
orientation or gender identity;
(2) have demonstrated experience in successfully working in
and partnering with such communities, and have an established
record of accomplishment in improving health outcomes or
preventing, reducing or eliminating health inequities,
including racial and ethnic inequities, in those communities;
(3) communicate with State, local, and Tribal health
departments to coordinate grant activities, as appropriate; and
(4) submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(c) Use of Funds.--An entity shall use amounts received under grant
under this section to establish, improve upon, or expand programs to
improve health equity regarding COVID-19 and reduce or eliminate
inequities, including racial and ethnic inequities, in the incidence,
prevalence, and health outcomes of COVID-19. Such uses may include--
(1) acquiring and distributing medical supplies, such as
personal protective equipment, to communities that are at an
increased risk of COVID-19;
(2) helping people enroll in a health insurance plan that
meets minimum essential coverage;
(3) increasing the availability of COVID-19 testing and any
future COVID-19 treatments or vaccines in communities that are
at an increased risk of COVID-19;
(4) aiding communities and individuals in following
guidelines and best practices in regards to COVID-19, including
physical distancing guidelines;
(5) helping communities and COVID-19 survivors recover and
cope with the long-term health impacts of COVID-19;
(6) addressing social determinants of health, such as
transportation, nutrition, housing, discrimination, health care
access, including mental health care and substance use disorder
prevention, treatment, and recovery, health literacy,
employment status, and working conditions, education, income,
and stress, that impact COVID-19 incidence, prevalence, and
health outcomes, and facilitating or providing access to needed
services;
(7) the provision of anti-racism and implicit and explicit
bias training for health care providers and other relevant
professionals;
(8) creating and disseminating culturally informed,
linguistically appropriate, accessible, and medically accurate
outreach and education regarding COVID-19;
(9) acquiring, retaining, and training a diverse workforce;
and
(10) improving the accessibility to health care, including
accessibility to health care providers, mental health care, and
COVID-19 testing for people with disabilities.
(d) Administration.--
(1) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that are a
community-based organization or have an established history of
successfully working in and partnering with the community or
with populations which the entity intends to provide services
under the grant. The Secretary shall also utilize available
demographic data to give priority to eligible entities working
with populations or communities disproportionately affected by
COVID-19.
(2) Geographical diversity.--The Secretary shall seek to
ensure geographical diversity among grant recipients.
(3) Reduction of burdens.--In administering the grant
program under this section, the Secretary shall make every
effort to minimize unnecessary administrative burdens on
eligible entities receiving such grants.
(4) Technical assistance.--The Secretary shall provide
technical assistance to eligible entities on best practices for
applying grants under this section.
(e) Duration.--A grant awarded under this section shall be for a
period of 3 years.
(f) Reporting.--
(1) By grantee.--Not later than 180 days after the end of a
grant period under this section, the grantee shall submit to
the Secretary a report on the activities conducted under the
grant, including--
(A) a description of the impact of grant
activities, including on--
(i) outreach and education related to
COVID-19; and
(ii) improving public health activities
related to COVID-19, including physical
distancing;
(B) the number of individuals reached by the
activities under the grant and, to the extent known,
the disaggregated demographic data of such individuals,
such as by race, ethnicity, sex (including sexual
orientation and gender identity), income, disability
status, or primary language; and
(C) any other information the Secretary determines
is necessary.
(2) By secretary.--Not later than 1 year after the end of
the grant program under this section, the Secretary shall
submit to Congress a report on the grant program, including a
summary of the information gathered under paragraph (1).
(g) Supplement, Not Supplant.--Grants awarded under this subtitle
shall be used to supplement and not supplant any other Federal funds
made available to carry out the activities described in this subtitle.
(h) Funding.--Out of funds in the Treasury not otherwise
appropriated, there are appropriated to carry out this section,
$500,000,000 for each of fiscal years 2022 through 2024.
SEC. 317604. IMPROVING SOCIAL DETERMINANTS OF HEALTH.
(a) Findings.--Congress finds the following:
(1) Healthy People 2020 defines social determinants of
health as conditions in the environments in which people live,
learn, work, play, worship, and age that affect a wide range of
health, functioning, and quality-of-life outcomes and risks.
(2) One of the overarching goals of Healthy People 2020 is
to ``create social and physical environments that promote good
health for all''.
(3) Healthy People 2020 developed a ``place-based''
organizing framework, reflecting five key areas of social
determinants of health namely--
(A) economic stability;
(B) education;
(C) social and community context;
(D) health and health care; and
(E) neighborhood and built environment.
(4) It is estimated that medical care accounts for only 10
to 20 percent of the modifiable contributors to healthy
outcomes for a population.
(5) The Centers for Medicare & Medicaid Services has
indicated the importance of the social determinants in its work
stating that, ``As we seek to foster innovation, rethink rural
health, find solutions to the opioid epidemic, and continue to
put patients first, we need to take into account social
determinants of health and recognize their importance.''.
(6) The Department of Health and Human Services' Public
Health 3.0 initiative recognizes the role of public health in
working across sectors on social determinants of health, as
well as the role of public health as chief health strategist in
communities.
(7) Through its Health Impact in 5 Years initiative, the
Centers for Disease Control and Prevention has highlighted
nonclinical, community-wide approaches that show positive
health impacts, results within five years, and cost
effectiveness or cost savings over the lifetime of the
population or earlier.
(8) Health departments and the Centers for Disease Control
and Prevention are not funded for such cross-cutting work.
(9) Providing grants to public health departments and other
eligible entities to coordinate cross-sector collaboration will
allow a community-wide, evidence-based approach to address
underlying social determinants of health.
(b) Social Determinants of Health Program.--
(1) Program.--To the extent and in the amounts made
available in advance in appropriations Acts, the Director of
the Centers for Disease Control and Prevention (in this section
referred to as the ``Director'') shall carry out a program, to
be known as the Social Determinants of Health Program (in this
section referred to as the ``Program''), to achieve the
following goals:
(A) Improve health outcomes and reduce health
inequities by coordinating social determinants of
health activities across the Centers for Disease
Control and Prevention.
(B) Improve the capacity of public health agencies
and community organizations to address social
determinants of health in communities.
(2) Activities.--To achieve the goals listed in paragraph
(1), the Director shall carry out activities including the
following:
(A) Coordinating across the Centers for Disease
Control and Prevention to ensure that relevant programs
consider and incorporate social determinants of health
in grant awards and other activities.
(B) Awarding grants under subsection (c) to State,
local, territorial, and Tribal health agencies and
organizations, and to other eligible entities, to
address social determinants of health in target
communities.
(C) Awarding grants under subsection (d) to
nonprofit organizations and public or other nonprofit
institutions of higher education--
(i) to conduct research on best practices
to improve social determinants of health;
(ii) to provide technical assistance,
training, and evaluation assistance to grantees
under subsection (c); and
(iii) to disseminate best practices to
grantees under subsection (c).
(D) Coordinating, supporting, and aligning
activities of the Centers for Disease Control and
Prevention related to social determinants of health
with activities of other Federal agencies related to
social determinants of health, including such
activities of agencies in the Department of Health and
Human Services such as the Centers for Medicare &
Medicaid Services.
(E) Collecting and analyzing data related to the
social determinants of health.
(c) Grants to Address Social Determinants of Health.--
(1) In general.--The Director, as part of the Program,
shall award grants to eligible entities to address social
determinants of health in their communities.
(2) Eligibility.--To be eligible to apply for a grant under
this subsection, an entity shall be--
(A) a State, local, territorial, or Tribal health
agency or organization;
(B) a qualified nongovernmental entity, as defined
by the Director; or
(C) a consortium of entities that includes a State,
local, territorial, or Tribal health agency or
organization.
(3) Use of funds.--
(A) In general.--A grant under this subsection
shall be used to address social determinants of health
in a target community by designing and implementing
innovative, evidence-based, cross-sector strategies.
(B) Target community.--For purposes of this
subsection, a target community shall be a State,
county, city, or other municipality.
(4) Priority.--In awarding grants under this subsection,
the Director shall prioritize applicants proposing to serve
target communities with significant unmet health and social
needs, as defined by the Director.
(5) Application.--To seek a grant under this subsection, an
eligible entity shall--
(A) submit an application at such time, in such
manner, and containing such information as the Director
may require;
(B) propose a set of activities to address social
determinants of health through evidence-based, cross-
sector strategies, which activities may include--
(i) collecting quantifiable data from
health care, social services, and other
entities regarding the most significant gaps in
health-promoting social, economic, and
environmental needs;
(ii) identifying evidence-based approaches
to meeting the nonmedical, social needs of
populations identified by data collection
described in clause (i), such as unstable
housing or inadequate food;
(iii) developing scalable methods to meet
patients' social needs identified in clinical
settings or other sites;
(iv) convening entities such as local and
State governmental and nongovernmental
organizations, health systems, payors, and
community-based organizations to review, plan,
and implement community-wide interventions and
strategies to advance health-promoting social
conditions;
(v) monitoring and evaluating the impact of
activities funded through the grant on the
health and well-being of the residents of the
target community and on the cost of health
care; and
(vi) such other activities as may be
specified by the Director;
(C) demonstrate how the eligible entity will
collaborate with--
(i) health systems;
(ii) payors, including, as appropriate,
medicaid managed care organizations (as defined
in section 1903(m)(1)(A) of the Social Security
Act (42 U.S.C. 1396b(m)(1)(A))), Medicare
Advantage plans under part C of title XVIII of
such Act (42 U.S.C. 1395w-21 et seq.), and
health insurance issuers and group health plans
(as such terms are defined in section 2791 of
the Public Health Service Act);
(iii) other relevant stakeholders and
initiatives in areas of need, such as the
Accountable Health Communities Model of the
Centers for Medicare & Medicaid Services,
health homes under the Medicaid program under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.), community-based organizations,
and human services organizations;
(iv) other non-health care sector
organizations, including organizations focusing
on transportation, housing, or food access; and
(v) local employers; and
(D) identify key health inequities in the target
community and demonstrate how the proposed efforts of
the eligible entity would address such inequities.
(6) Monitoring and evaluation.--As a condition of receipt
of a grant under this subsection, a grantee shall agree to
submit an annual report to the Director describing the
activities carried out through the grant and the outcomes of
such activities.
(7) Independent national evaluation.--
(A) In general.--Not later than 5 years after the
first grants are awarded under this subsection, the
Director shall provide for the commencement of an
independent national evaluation of the Program under
this subsection.
(B) Report to congress.--Not later than 60 days
after receiving the results of such independent
national evaluation, the Director shall report such
results to the Congress.
(d) Research and Training.--The Director, as part of the Program--
(1) shall award grants to nonprofit organizations and
public or other nonprofit institutions of higher education--
(A) to conduct research on best practices to
improve social determinants of health;
(B) to provide technical assistance, training, and
evaluation assistance to grantees under subsection (c);
and
(C) to disseminate best practices to grantees under
subsection (c); and
(2) may require a grantee under paragraph (1) to provide
technical assistance and capacity building to entities that are
eligible entities under subsection (c) but not receiving funds
through such subsection.
(e) Funding.--
(1) In general.--There is authorized to be appropriated to
carry out this section, $50,000,000 for each of fiscal years
2022 through 2028.
(2) Allocation.--Of the amount made available to carry out
this section for a fiscal year, not less than 75 percent shall
be used for grants under subsections (c) and (d).
SEC. 317605. FUNDING TO STATES, LOCALITIES, AND COMMUNITY-BASED
ORGANIZATIONS FOR EMERGENCY AID AND SERVICES.
(a) Funding for States.--
(1) Increase in funding for social services block grant
program.--
(A) Appropriation.--Out of any money in the
Treasury of the United States not otherwise
appropriated, there are appropriated $9,600,000,000,
which shall be available for payments under section
2002 of the Social Security Act.
(B) Deadline for distribution of funds.--Within 45
days after the date of the enactment of this Act, the
Secretary of Health and Human Services shall distribute
the funds made available by this paragraph, which shall
be made available to States on an emergency basis for
immediate obligation and expenditure.
(C) Submission of revised pre-expenditure report.--
Within 90 days after a State receives funds made
available by this paragraph, the State shall submit to
the Secretary a revised pre-expenditure report pursuant
to title XX of the Social Security Act that describes
how the State plans to administer the funds.
(D) Obligation of funds by states.--A State to
which funds made available by this paragraph are
distributed shall obligate the funds not later than
December 31, 2022.
(E) Expenditure of funds by states.--A grantee to
which a State (or a subgrantee to which a grantee)
provides funds made available by this paragraph shall
expend the funds not later than December 31, 2022.
(2) Rules governing use of additional funds.--A State to
which funds made available by paragraph (1)(B) are distributed
shall use the funds in accordance with the following:
(A) Purpose.--
(i) In general.--The State shall use the
funds only to support the provision of
emergency services to disadvantaged children,
families, and households.
(ii) Disadvantaged defined.--In this
paragraph, the term ``disadvantaged'' means,
with respect to an entity, that the entity--
(I) is an individual, or is located
in a community, that is experiencing
material hardship;
(II) is a household in which there
is a child (as defined in section 12(d)
of the Richard B. Russell National
School Lunch Act) or a child served
under section 11(a)(1) of such Act,
who, if not for the closure of the
school attended by the child during a
public health emergency designation and
due to concerns about a COVID-19
outbreak, would receive free or reduced
price school meals pursuant to such
Act;
(III) is an individual, or is
located in a community, with barriers
to employment; or
(IV) is located in a community
that, as of the date of the enactment
of this Act, is not experiencing a 56-
day downward trajectory of--
(aa) influenza-like
illnesses;
(bb) COVID-like syndromic
cases;
(cc) documented COVID-19
cases; or
(dd) positive test results
as a percentage of total COVID-
19 tests.
(B) Pass-through to local entities.--
(i) In the case of a State in which a
county administers or contributes financially
to the non-Federal share of the amounts
expended in carrying out a State program funded
under title IV of the Social Security Act, the
State may pass funds so made available through
to--
(I) the chief elected official of
the city or urban county that
administers the program; or
(II) local government and
community-based organizations.
(ii) In the case of any other State, the
State shall--
(I) pass the funds through to--
(aa)(AA) local governments
that will expend or distribute
the funds in consultation with
community-based organizations
with experience serving
disadvantaged families or
individuals; or
(BB) community-based
organizations with experience
serving disadvantaged families
and individuals; and
(bb) sub-State areas in
proportions based on the
population of disadvantaged
individuals living in the
areas; and
(II) report to the Secretary on how
the State determined the amounts passed
through pursuant to this clause.
(C) Methods.--
(i) In general.--The State shall use the
funds only for--
(I) administering emergency
services;
(II) providing short-term cash,
non-cash, or in-kind emergency disaster
relief;
(III) providing services with
demonstrated need in accordance with
objective criteria that are made
available to the public;
(IV) operational costs directly
related to providing services described
in subclauses (I), (II), and (III);
(V) local government emergency
social service operations; and
(VI) providing emergency social
services to rural and frontier
communities that may not have access to
other emergency funding streams.
(ii) Administering emergency services
defined.--In clause (i), the term
``administering emergency services'' means--
(I) providing basic disaster
relief, economic, and well-being
necessities to ensure communities are
able to safely observe shelter-in-place
and social distancing orders;
(II) providing necessary supplies
such as masks, gloves, and soap, to
protect the public against infectious
disease; and
(III) connecting individuals,
children, and families to services or
payments for which they may already be
eligible.
(D) Prohibitions.--
(i) No individual eligibility
determinations by grantees or subgrantees.--
Neither a grantee to which the State provides
the funds nor any subgrantee of such a grantee
may exercise individual eligibility
determinations for the purpose of administering
short-term, non-cash, in-kind emergency
disaster relief to communities.
(ii) Applicability of certain social
services block grant funds use limitations.--
The State shall use the funds subject to the
limitations in section 2005 of the Social
Security Act, except that, for purposes of this
clause, section 2005(a)(2) and 2005(a)(8) of
such Act shall not apply.
(iii) No supplantation of certain state
funds.--The State may use the funds to
supplement, not supplant, State general revenue
funds for social services.
(iv) Ban on use for certain costs
reimbursable by fema.--The State may not use
the funds for costs that are reimbursable by
the Federal Emergency Management Agency, under
a contract for insurance, or by self-insurance.
(b) Funding for Federally Recognized Indian Tribes and Tribal
Organizations.--
(1) Grants.--
(A) In general.--Within 90 days after the date of
the enactment of this Act, the Secretary of Health and
Human Services shall make grants to federally
recognized Indian Tribes and Tribal organizations.
(B) Amount of grant.--The amount of the grant for
an Indian Tribe or Tribal organization shall bear the
same ratio to the amount appropriated by paragraph (3)
as the total amount of grants awarded to the Indian
Tribe or Tribal organization under the Low-Income Home
Energy Assistance Act of 1981 and the Community Service
Block Grant for fiscal year 2021 bears to the total
amount of grants awarded to all Indian Tribes and
Tribal organizations under such Act and such Grant for
the fiscal year.
(2) Rules governing use of funds.--An entity to which a
grant is made under paragraph (1) shall obligate the funds not
later than December 31, 2021, and the funds shall be expended
by grantees and subgrantees not later than December 31, 2024,
and used in accordance with the following:
(A) Purpose.--
(i) In general.--The grantee shall use the
funds only to support the provision of
emergency services to disadvantaged households.
(ii) Disadvantaged defined.--In clause (i),
the term ``disadvantaged'' means, with respect
to an entity, that the entity--
(I) is an individual, or is located
in a community, that is experiencing
material hardship;
(II) is a household in which there
is a child (as defined in section 12(d)
of the Richard B. Russell National
School Lunch Act) or a child served
under section 11(a)(1) of such Act,
who, if not for the closure of the
school attended by the child during a
public health emergency designation and
due to concerns about a COVID-19
outbreak, would receive free or reduced
price school meals pursuant to such
Act;
(III) is an individual, or is
located in a community, with barriers
to employment; or
(IV) is located in a community
that, as of the date of the enactment
of this Act, is not experiencing a 56-
day downward trajectory of--
(aa) influenza-like
illnesses;
(bb) COVID-like syndromic
cases;
(cc) documented COVID-19
cases; or
(dd) positive test results
as a percentage of total COVID-
19 tests.
(B) Methods.--
(i) In general.--The grantee shall use the
funds only for--
(I) administering emergency
services;
(II) providing short-term, non-
cash, in-kind emergency disaster
relief; and
(III) tribal emergency social
service operations.
(ii) Administering emergency services
defined.--In clause (i), the term
``administering emergency services'' means--
(I) providing basic economic and
well-being necessities to ensure
communities are able to safely observe
shelter-in-place and social distancing
orders;
(II) providing necessary supplies
such as masks, gloves, and soap, to
protect the public against infectious
disease; and
(III) connecting individuals,
children, and families to services or
payments for which they may already be
eligible.
(C) Prohibitions.--
(i) No individual eligibility
determinations by grantees or subgrantees.--
Neither the grantee nor any subgrantee may
exercise individual eligibility determinations
for the purpose of administering short-term,
non-cash, in-kind emergency disaster relief to
communities.
(ii) Ban on use for certain costs
reimbursable by fema.--The grantee may not use
the funds for costs that are reimbursable by
the Federal Emergency Management Agency, under
a contract for insurance, or by self-insurance.
(3) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
$400,000,000 to carry out this subsection.
SEC. 317606. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) Value of Benefits.--Notwithstanding any other provision of law,
beginning on June 1, 2021, and for each subsequent month through
September 30, 2021, the value of benefits determined under section 8(a)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)), and
consolidated block grants for Puerto Rico and American Samoa determined
under section 19(a) of such Act (7 U.S.C. 2028(a)), shall be calculated
using 115 percent of the June 2019 value of the thrifty food plan (as
defined in section 3 of such Act (7 U.S.C. 2012)) if the value of the
benefits and block grants would be greater under that calculation than
in the absence of this subsection.
(b) Minimum Amount.--
(1) In general.--The minimum value of benefits determined
under section 8(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2017(a)) for a household of not more than 2 members
shall be $30.
(2) Effectiveness.--Paragraph (1) shall remain in effect
until the date on which 8 percent of the value of the thrifty
food plan for a household containing 1 member, rounded to the
nearest whole dollar increment, is equal to or greater than
$30.
(c) Requirements for the Secretary.--In carrying out this section,
the Secretary shall--
(1) consider the benefit increases described in each of
subsections (a) and (b) to be a ``mass change'';
(2) require a simple process for States to notify
households of the increase in benefits;
(3) consider section 16(c)(3)(A) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors in
the implementation of this section, without regard to the 120-
day limit described in that section;
(4) disregard the additional amount of benefits that a
household receives as a result of this section in determining
the amount of overissuances under section 13 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2022); and
(5) set the tolerance level for excluding small errors for
the purposes of section 16(c) of the Food and Nutrition Act of
2008 (7 U.S.C. 2025(c)) at $50 through September 30, 2022.
(d) Provisions for Impacted Workers.--Notwithstanding any other
provision of law, the requirements under subsections (d)(1)(A)(ii) and
(o) of section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015)
shall not be in effect during the period beginning on June 1, 2022, and
ending 2 years after the date of enactment of this Act.
(e) Administrative Expenses.--
(1) In general.--For the costs of State administrative
expenses associated with carrying out this section and
administering the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), the Secretary shall make available $150,000,000
for fiscal year 2022 and $150,000,000 for fiscal year 2024.
(2) Timing for fiscal year 2020.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall make available to States amounts for fiscal year 2022
under paragraph (1).
(3) Allocation of funds.--Funds described in paragraph (1)
shall be made available as grants to State agencies for each
fiscal year as follows:
(A) 75 percent of the amounts available for each
fiscal year shall be allocated to States based on the
share of each State of households that participate in
the supplemental nutrition assistance program as
reported to the Department of Agriculture for the most
recent 12-month period for which data are available,
adjusted by the Secretary (as of the date of the
enactment of this Act) for participation in disaster
programs under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)); and
(B) 25 percent of the amounts available for each
fiscal year shall be allocated to States based on the
increase in the number of households that participate
in the supplemental nutrition assistance program as
reported to the Department of Agriculture over the most
recent 12-month period for which data are available,
adjusted by the Secretary (as of the date of the
enactment of this Act) for participation in disaster
programs under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)).
(f) Snap Rules.--No funds (including fees) made available under
this subtitle or any other Act for any fiscal year may be used to
finalize, implement, administer, enforce, carry out, or otherwise give
effect to--
(1) the final rule entitled ``Supplemental Nutrition
Assistance Program: Requirements for Able-Bodied Adults Without
Dependents'' published in the Federal Register on December 5,
2019 (84 Fed. Reg. 66782);
(2) the proposed rule entitled ``Revision of Categorical
Eligibility in the Supplemental Nutrition Assistance Program
(SNAP)'' published in the Federal Register on July 24, 2019 (84
Fed. Reg. 35570); or
(3) the proposed rule entitled ``Supplemental Nutrition
Assistance Program: Standardization of State Heating and
Cooling Standard Utility Allowances'' published in the Federal
Register on October 3, 2019 (84 Fed. Reg. 52809).
(g) Certain Exclusions From SNAP Income.--A Federal pandemic
unemployment compensation payment made to an individual under section
2104 of the CARES Act (Public Law 116-136) shall not be regarded as
income and shall not be regarded as a resource for the month of receipt
and the following 9 months, for the purpose of determining eligibility
for such individual or any other individual for benefits or assistance,
or the amount of benefits or assistance, under any programs authorized
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
(h) Public Availability.--Not later than 10 days after the date of
the receipt or issuance of each document listed below, the Secretary
shall make publicly available on the website of the Department of
Agriculture the following documents:
(1) Any State agency request to participate in the
supplemental nutrition assistance program online program under
section 7(k).
(2) Any State agency request to waive, adjust, or modify
statutory or regulatory requirements under the Food and
Nutrition Act of 2008 related to the COVID-19 outbreak.
(3) The Secretary's approval or denial of each such request
under paragraphs (1) or (2).
(i) Funding.--There are hereby appropriated to the Secretary, out
of any money not otherwise appropriated, such sums as may be necessary
to carry out this section.
PART 7--CULTURALLY AND LINGUISTICALLY COMPETENT CARE
SEC. 317701. ENSURING STANDARDS FOR CULTURALLY AND LINGUISTICALLY
APPROPRIATE SERVICES IN HEALTH CARE.
(a) Applicability.--This section shall apply to any health program
or activity, any part of which is receiving Federal financial
assistance, including credits, subsidies, or contracts of insurance, or
any program or activity that is administered by an executive agency or
any entity established under title I of the Patient Protection and
Affordable Care Act (42 U.S.C. 18001 et seq.) (or amendments made
thereby).
(b) Standards.--Each program or activity described in subsection
(a)--
(1) shall implement strategies to recruit, retain, and
promote individuals at all levels to maintain a diverse staff
and leadership that can provide culturally and linguistically
appropriate health care to patient populations of the service
area of the program or activity;
(2) shall educate and train governance, leadership, and
workforce at all levels and across all disciplines of the
program or activity in culturally and linguistically
appropriate policies and practices on an ongoing basis at least
yearly;
(3) shall offer and provide language assistance, including
trained and competent bilingual staff and interpreter services,
to individuals with limited-English proficiency or who have
other communication needs, at no cost to the individual at all
points of contact, and during all hours of operation, to
facilitate timely access to health care services and health-
care-related services;
(4) shall for each language group consisting of individuals
with limited-English proficiency that constitutes 5 percent or
500 individuals, whichever is less, of the population of
persons eligible to be served or likely to be affected or
encountered in the service area of the program or activity,
make available at a fifth grade reading level--
(A) easily understood patient-related materials,
including print and multimedia materials, in the
language of such language group;
(B) information or notices about termination of
benefits in such language;
(C) signage; and
(D) any other documents or types of documents
designated by the Secretary;
(5) shall develop and implement clear goals, policies,
operational plans, and management, accountability, and
oversight mechanisms to provide culturally and linguistically
appropriate services and infuse them throughout the planning
and operations of the program or activity;
(6) shall conduct initial and ongoing organizational
assessments of culturally and linguistically appropriate
services-related activities and integrate valid linguistic,
competence-related National Standards for Culturally and
Linguistically Appropriate Services (CLAS) measures into the
internal audits, performance improvement programs, patient
satisfaction assessments, continuous quality improvement
activities, and outcomes-based evaluations of the program or
activity and develop ways to standardize the assessments, and
such assessments must occur at least yearly;
(7) shall ensure that, consistent with the privacy
protections provided for under the regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320-2 note), data on an
individual required to be collected pursuant to section 3101,
including the individual's alternative format preferences and
policy modification needs, are--
(A) collected in health records;
(B) integrated into the management information
systems of the program or activity; and
(C) periodically updated;
(8) shall maintain a current demographic, cultural, and
epidemiological profile of the community, conduct regular
assessments of community health assets and needs, and use the
results of such assessments to accurately plan for and
implement services that respond to the cultural and linguistic
characteristics of the service area of the program or activity;
(9) shall develop participatory, collaborative partnerships
with communities and utilize a variety of formal and informal
mechanisms to facilitate community and patient involvement in
designing, implementing, and evaluating policies and practices
to ensure culturally and linguistically appropriate service-
related activities;
(10) shall ensure that conflict and grievance resolution
processes are culturally and linguistically appropriate and
capable of identifying, preventing, and resolving cross-
cultural conflicts or complaints by patients;
(11) shall regularly make available to the public
information about their progress and successful innovations in
implementing the standards under this section and provide
public notice in their communities about the availability of
this information; and
(12) shall, if requested, regularly make available to the
head of each Federal entity from which Federal funds are
provided, information about the progress and successful
innovations of the program or activity in implementing the
standards under this section as required by the head of such
entity.
(c) Comments Accepted Through Notice and Comment Rulemaking.--An
agency carrying out a program described in subsection (a) shall ensure
that comments with respect to such program that are accepted through
notice and comment rulemaking be accepted in all languages, may not
require such comments to be submitted only in English, and must ensure
these comments are considered equally as comments submitted in English
during the agency's review of comments submitted.
SEC. 317702. CULTURALLY AND LINGUISTICALLY APPROPRIATE HEALTH CARE IN
THE PUBLIC HEALTH SERVICE ACT.
Title XXXIV of the Public Health Service Act, as amended by section
104, is further amended by adding at the end the following:
``Subtitle B--CULTURALLY AND LINGUISTICALLY APPROPRIATE HEALTH CARE
``SEC. 3403. DEFINITIONS.
``(a) In General.--In this title:
``(1) Bilingual.--The term `bilingual', with respect to an
individual, means a person who has sufficient degree of
proficiency in 2 languages.
``(2) Cultural.--The term `cultural' means relating to
integrated patterns of human behavior that include the
language, thoughts, communications, actions, customs, beliefs,
values, and institutions of racial, ethnic, religious, or
social groups, including lesbian, gay, bisexual, transgender,
queer, and questioning individuals, and individuals with
physical and mental disabilities.
``(3) Culturally and linguistically appropriate.--The term
`culturally and linguistically appropriate' means being
respectful of and responsive to the cultural and linguistic
needs of all individuals.
``(4) Effective communication.--The term `effective
communication' means an exchange of information between the
provider of health care or health-care-related services and the
recipient of such services who is limited in English
proficiency, or has a communication impairment such as a
hearing, vision, speaking, or learning impairment, that enables
access to, understanding of, and benefit from health care or
health-care-related services, and full participation in the
development of their treatment plan.
``(5) Grievance resolution process.--The term `grievance
resolution process' means all aspects of dispute resolution
including filing complaints, grievance and appeal procedures,
and court action.
``(6) Health care group.--The term `health care group'
means a group of physicians organized, at least in part, for
the purposes of providing physician services under the Medicaid
program under title XIX of the Social Security Act, the State
Children's Health Insurance Program under title XXI of such
Act, or the Medicare program under title XVIII of such Act and
may include a hospital and any other individual or entity
furnishing services covered under any such program that is
affiliated with the health care group.
``(7) Health care services.--The term `health care
services' means services that address physical as well as
mental health conditions in all care settings.
``(8) Health-care-related services.--The term `health-care-
related services' means human or social services programs or
activities that provide access, referrals, or links to health
care.
``(9) Health educator.--The term `health educator' includes
a professional with a baccalaureate degree who is responsible
for designing, implementing, and evaluating individual and
population health promotion and chronic disease prevention
programs.
``(10) Indian; indian tribe.--The terms `Indian' and
`Indian Tribe' have the meanings given such terms in section 4
of the Indian Self-Determination and Education Assistance Act.
``(11) Individual with a disability.--The term `individual
with a disability' means any individual who has a disability as
defined for the purpose of section 504 of the Rehabilitation
Act of 1973.
``(12) Individual with limited-english proficiency.--The
term `individual with limited-English proficiency' means an
individual whose primary language for communication is not
English and who has a limited ability to read, write, speak, or
understand English.
``(13) Integrated health care delivery system.--The term
`integrated health care delivery system' means an
interdisciplinary system that brings together providers from
the primary health, mental health, substance use disorder, and
related disciplines to improve the health outcomes of an
individual. Such providers may include hospitals, health,
mental health, or substance use disorder clinics and providers,
home health agencies, ambulatory surgery centers, skilled
nursing facilities, rehabilitation centers, and employed,
independent, or contracted physicians.
``(14) Interpreting; interpretation.--The terms
`interpreting' and `interpretation' mean the transmission of a
spoken, written, or signed message from one language or format
into another, faithfully, accurately, and objectively.
``(15) Language access.--The term `language access' means
the provision of language services to an individual with
limited-English proficiency or an individual with communication
disabilities designed to enhance that individual's access to,
understanding of, or benefit from health care services or
health-care-related services.
``(16) Language assistance services.--The term `language
assistance services' includes--
``(A) oral language assistance, including
interpretation in non-English languages provided in-
person or remotely by a qualified interpreter for an
individual with limited-English proficiency, and the
use of qualified bilingual or multilingual staff to
communicate directly with individuals with limited-
English proficiency;
``(B) written translation, performed by a qualified
and competent translator, of written content in paper
or electronic form into languages other than English;
and
``(C) taglines.
``(17) Minority.--
``(A) In general.--The terms `minority' and
`minorities' refer to individuals from a minority
group.
``(B) Populations.--The term `minority', with
respect to populations, refers to racial and ethnic
minority groups, members of sexual and gender minority
groups, and individuals with a disability.
``(18) Minority group.--The term `minority group' has the
meaning given the term `racial and ethnic minority group'.
``(19) Onsite interpretation.--The term `onsite
interpretation' means a method of interpreting or
interpretation for which the interpreter is in the physical
presence of the provider of health care services or health-
care-related services and the recipient of such services who is
limited in English proficiency or has a communication
impairment such as an impairment in hearing, vision, or
learning.
``(20) Qualified individual with a disability.--The term
`qualified individual with a disability' means, with respect to
a health program or activity, an individual with a disability
who, with or without reasonable modifications to policies,
practices, or procedures, the removal of architectural,
communication, or transportation barriers, or the provision of
auxiliary aids and services, meets the essential eligibility
requirements for the receipt of aids, benefits, or services
offered or provided by the health program or activity.
``(21) Qualified interpreter for an individual with a
disability.--The term ` qualified interpreter for an individual
with a disability', for an individual with a disability--
``(A) means an interpreter who by means of a remote
interpreting service or an in-side appearance;
``(i) adheres to generally accepted
interpreter ethics principles, including client
confidentiality; and
``(ii) is able to interpret effectively,
accurately, and impartially, both receptively
and expressively, using any necessary
specialized vocabulary, terminology, and
phraseology; and
``(B) may include sign language interpreters, oral
transliterators (individuals who represent or spell in
the characters of another alphabet), and cued language
transliterators (individuals who represent or spell by
using a small number of handshapes).
``(22) Qualified interpreter for an individual with
limited-english proficiency.--The term `qualified interpreter
for an individual with limited-English proficiency' means an
interpreter who via a remote interpreting service or an on-site
appearance--
``(A) adheres to generally accepted interpreter
ethics principles, including client confidentiality;
``(B) has demonstrated proficiency in speaking and
understanding both spoken English and one or more other
spoken languages; and
``(C) is able to interpret effectively, accurately,
and impartially, both receptively and expressly, to and
from such languages and English, using any necessary
specialized vocabulary, terminology, and phraseology.
``(23) Qualified translator.--The term `qualified
translator' means a translator who--
``(A) adheres to generally accepted translator
ethics principles, including client confidentiality;
``(B) has demonstrated proficiency in writing and
understanding both written English and one or more
other written non-English languages; and
``(C) is able to translate effectively, accurately,
and impartially to and from such languages and English,
using any necessary specialized vocabulary,
terminology, and phraseology.
``(24) Racial and ethnic minority group.--The term `racial
and ethnic minority group' means Indians and Alaska Natives,
African Americans (including Caribbean Blacks, Africans, and
other Blacks), Asian Americans, Hispanics (including Latinos),
and Native Hawaiians and other Pacific Islanders.
``(25) Sexual and gender minority group.--The term `sexual
and gender minority group' encompasses lesbian, gay, bisexual,
and transgender populations, as well as those whose sexual
orientation, gender identity and expression, or reproductive
development varies from traditional, societal, cultural, or
physiological norms.
``(26) Sight translation.--The term `sight translation'
means the transmission of a written message in one language
into a spoken or signed message in another language, or an
alternative format in English or another language.
``(27) State.--Notwithstanding section 2, the term `State'
means each of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(28) Telephonic interpretation.--The term `telephonic
interpretation' (also known as `over the phone interpretation'
or `OPI') means, with respect to interpretation for an
individual with limited-English proficiency, a method of
interpretation in which the interpreter is not in the physical
presence of the provider of health care services or health-
care-related services and such individual receiving such
services, but the interpreter is connected via telephone.
``(29) Translation.--The term `translation' means the
transmission of a written message in one language into a
written or signed message in another language, and includes
translation into another language or alternative format, such
as large print font, Braille, audio recording, or CD.
``(30) Video remote interpreting services.--The term `video
remote interpreting services' means the provision, in health
care services or health-care-related services, through a
qualified interpreter for an individual with limited-English
proficiency, of video remote interpreting services that are--
``(A) in real-time, full-motion video, and audio
over a dedicated high-speed, wide-bandwidth video
connection or wireless connection that delivers high
quality video images that do not produce lags, choppy,
blurry, or grainy images, or irregular pauses in
communication; and
``(B) in a sharply delineated image that is large
enough to display.
``(31) Vital document.--The term `vital document' includes
applications for government programs that provide health care
services, medical or financial consent forms, financial
assistance documents, letters containing important information
regarding patient instructions (such as prescriptions,
referrals to other providers, and discharge plans) and
participation in a program (such as a Medicaid managed care
program), notices pertaining to the reduction, denial, or
termination of services or benefits, notices of the right to
appeal such actions, and notices advising individuals with
limited-English proficiency with communication disabilities of
the availability of free language services, alternative
formats, and other outreach materials.
``(b) Reference.--In any reference in this title to a regulatory
provision applicable to a `handicapped individual', the term
`handicapped individual' in such provision shall have the same meaning
as the term `individual with a disability' as defined in subsection
(a).
``CHAPTER 1--RESOURCES AND INNOVATION FOR CULTURALLY AND LINGUISTICALLY
APPROPRIATE HEALTH CARE
``SEC. 3404. ROBERT T. MATSUI CENTER FOR CULTURALLY AND LINGUISTICALLY
APPROPRIATE HEALTH CARE.
``(a) Establishment.--The Secretary, acting through the Director of
the Agency for Healthcare Research and Quality, shall establish and
support a center to be known as the `Robert T. Matsui Center for
Culturally and Linguistically Appropriate Health Care' (referred to in
this section as the `Center') to carry out each of the following
activities:
``(1) Interpretation services.--The Center shall provide
resources via the internet to identify and link health care
providers to competent interpreter and translation services.
``(2) Translation of written material.--
``(A) Vital documents.--The Center shall provide,
directly or through contract, vital documents from
competent translation services for providers of health
care services and health-care-related services at no
cost to such providers. Such documents may be submitted
by covered entities (as defined in section 92.4 of
title 42, Code of Federal Regulations, as in effect on
May 16, 2016) for translation into non-English
languages or alternative formats at a fifth-grade
reading level. Such translation services shall be
provided in a timely and reasonable manner. The quality
of such translation services shall be monitored and
reported publicly.
``(B) Forms.--For each form developed or revised by
the Secretary that will be used by individuals with
limited-English proficiency in health care or health-
care-related settings, the Center shall translate the
form, at a minimum, into the top 15 non-English
languages in the United States according to the most
recent data from the American Community Survey or its
replacement. The translation shall be completed within
45 calendar days of the Secretary receiving final
approval of the form from the Office of Management and
Budget. The Center shall post all translated forms on
its website so that other entities may use the same
translations.
``(3) Toll-free customer service telephone number.--The
Center shall provide, through a toll-free number, a customer
service line for individuals with limited-English proficiency--
``(A) to obtain information about federally
conducted or funded health programs, including the
Medicare program under title XVIII of the Social
Security Act, the Medicaid program under title XIX of
such Act, and the State Children's Health Insurance
Program under title XXI of such Act, marketplace
coverage available pursuant to title XXVII of this Act
and the Patient Protection and Affordable Care Act, and
other sources of free or reduced care including
federally qualified health centers, title X clinics,
and public health departments;
``(B) to obtain assistance with applying for or
accessing these programs and understanding Federal
notices written in English; and
``(C) to learn how to access language services.
``(4) Health information clearinghouse.--
``(A) In general.--The Center shall develop and
maintain an information clearinghouse to facilitate the
provision of language services by providers of health
care services and health-care-related services to
reduce medical errors, improve medical outcomes,
improve cultural competence, reduce health care costs
caused by miscommunication with individuals with
limited-English proficiency, and reduce or eliminate
the duplication of efforts to translate materials. The
clearinghouse shall include the information described
in subparagraphs (B) through (F) and make such
information available on the internet and in print.
``(B) Document templates.--The Center shall collect
and evaluate for accuracy, develop, and make available
templates for standard documents that are necessary for
patients and consumers to access and make educated
decisions about their health care, including templates
for each of the following:
``(i) Administrative and legal documents,
including--
``(I) intake forms;
``(II) forms related to the
Medicare program under title XVIII of
the Social Security Act, the Medicaid
program under title XIX of such Act,
and the State Children's Health
Insurance Program under title XXI of
such Act, including eligibility
information for such programs;
``(III) forms informing patients of
the compliance and consent requirements
pursuant to the regulations under
section 264(c) of the Health Insurance
Portability and Accountability Act of
1996 (42 U.S.C. 1320-2 note); and
``(IV) documents concerning
informed consent, advanced directives,
and waivers of rights.
``(ii) Clinical information, such as how to
take medications, how to prevent transmission
of a contagious disease, and other prevention
and treatment instructions.
``(iii) Public health, patient education,
and outreach materials, such as immunization
notices, health warnings, or screening notices.
``(iv) Additional health or health-care-
related materials as determined appropriate by
the Director of the Center.
``(C) Structure of forms.--In operating the
clearinghouse, the Center shall--
``(i) ensure that the documents posted in
English and non-English languages are
culturally and linguistically appropriate;
``(ii) allow public review of the documents
before dissemination in order to ensure that
the documents are understandable and culturally
and linguistically appropriate for the target
populations;
``(iii) allow health care providers to
customize the documents for their use;
``(iv) facilitate access to these
documents;
``(v) provide technical assistance with
respect to the access and use of such
information; and
``(vi) carry out any other activities the
Secretary determines to be useful to fulfill
the purposes of the clearinghouse.
``(D) Language assistance programs.--The Center
shall provide for the collection and dissemination of
information on current examples of language assistance
programs and strategies to improve language services
for individuals with limited-English proficiency,
including case studies using de-identified patient
information, program summaries, and program
evaluations.
``(E) Culturally and linguistically appropriate
materials.--The Center shall provide information
relating to culturally and linguistically appropriate
health care for minority populations residing in the
United States to all health care providers and health-
care-related services at no cost. Such information
shall include--
``(i) tenets of culturally and
linguistically appropriate care;
``(ii) culturally and linguistically
appropriate self-assessment tools;
``(iii) culturally and linguistically
appropriate training tools;
``(iv) strategic plans to increase cultural
and linguistic appropriateness in different
types of providers of health care services and
health-care-related services, including
regional collaborations among health care
organizations; and
``(v) culturally and linguistically
appropriate information for educators,
practitioners, and researchers.
``(F) Translation glossaries.--The Center shall--
``(i) develop and publish on its website
translation glossaries that provide
standardized translations of commonly used
terms and phrases utilized in documents
translated by the Center; and
``(ii) make these glossaries available--
``(I) free of charge;
``(II) in the 15 languages in which
the Center translates materials; and
``(III) in alternative formats in
accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
``(G) Information about progress.--The Center shall
regularly collect and make publicly available
information about the progress of entities receiving
grants under section 3402 regarding successful
innovations in implementing the obligations under this
subsection and provide public notice in the entities'
communities about the availability of this information.
``(b) Director.--The Center shall be headed by a Director who shall
be appointed by, and who shall report to, the Director of the Agency
for Healthcare Research and Quality.
``(c) Availability of Language Access.--The Director shall
collaborate with the Deputy Assistant Secretary for Minority Health,
the Administrator of the Centers for Medicare & Medicaid Services, and
the Administrator of the Health Resources and Services Administration
to notify health care providers and health care organizations about the
availability of language access services by the Center.
``(d) Education.--The Secretary, directly or through contract,
shall undertake a national education campaign to inform providers,
individuals with limited-English proficiency, individuals with hearing
or vision impairments, health professionals, graduate schools, and
community health centers about--
``(1) Federal and State laws and guidelines governing
access to language services;
``(2) the value of using trained and competent interpreters
and the risks associated with using family members, friends,
minors, and untrained bilingual staff;
``(3) funding sources for developing and implementing
language services; and
``(4) promising practices to effectively provide language
services.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2023 through 2026.
``SEC. 3405. INNOVATIONS IN CULTURALLY AND LINGUISTICALLY APPROPRIATE
HEALTH CARE GRANTS.
``(a) In General.--
``(1) Grants.--The Secretary, acting through the Director
of the Agency for Healthcare Research and Quality, shall award
grants to eligible entities to enable such entities to design,
implement, and evaluate innovative, cost-effective programs to
improve culturally and linguistically appropriate access to
health care services for individuals with limited-English
proficiency.
``(2) Coordination.--The Director of the Agency for
Healthcare Research and Quality shall coordinate with, and
ensure the participation of, other agencies including the
Health Resources and Services Administration, the National
Institute on Minority Health and Health Disparities at the
National Institutes of Health, and the Office of Minority
Health, regarding the design and evaluation of the grants
program.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be--
``(A) a city, county, Indian Tribe, State, or
subdivision thereof;
``(B) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code;
``(C) a community health, mental health, or
substance use disorder center or clinic;
``(D) a solo or group physician practice;
``(E) an integrated health care delivery system;
``(F) a public hospital;
``(G) a health care group, university, or college;
or
``(H) any other entity designated by the Secretary;
and
``(2) prepare and submit to the Secretary an application,
at such time, in such manner, and containing such additional
information as the Secretary may reasonably require.
``(c) Use of Funds.--An entity shall use funds received through a
grant under this section to--
``(1) develop, implement, and evaluate models of providing
competent interpretation services through onsite
interpretation, telephonic interpretation, or video remote
interpreting services;
``(2) implement strategies to recruit, retain, and promote
individuals at all levels of the organization to maintain a
diverse staff and leadership that can promote and provide
language services to patient populations of the service area of
the entity;
``(3) develop and maintain a needs assessment that
identifies the current demographic, cultural, and
epidemiological profile of the community to accurately plan for
and implement language services needed in the service area of
the entity;
``(4) develop a strategic plan to implement language
services;
``(5) develop participatory, collaborative partnerships
with communities encompassing the patient populations of
individuals with limited-English proficiency served by the
grant to gain input in designing and implementing language
services;
``(6) develop and implement grievance resolution processes
that are culturally and linguistically appropriate and capable
of identifying, preventing, and resolving complaints by
individuals with limited-English proficiency;
``(7) develop short-term medical and mental health
interpretation training courses and incentives for bilingual
health care staff who are asked to provide interpretation
services in the workplace;
``(8) develop formal training programs, including continued
professional development and education programs as well as
supervision, for individuals interested in becoming dedicated
health care interpreters and culturally and linguistically
appropriate providers;
``(9) provide staff language training instruction, which
shall include information on the practical limitations of such
instruction for nonnative speakers;
``(10) develop policies that address compensation in salary
for staff who receive training to become either a staff
interpreter or bilingual provider;
``(11) develop other language assistance services as
determined appropriate by the Secretary;
``(12) develop, implement, and evaluate models of improving
cultural competence, including cultural competence programs for
community health workers; and
``(13) ensure that, consistent with the privacy protections
provided for under the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability
Act of 1996 and any applicable State privacy laws, data on the
individual patient or recipient's race, ethnicity, and primary
language are collected (and periodically updated) in health
records and integrated into the organization's information
management systems or any similar system used to store and
retrieve data.
``(d) Priority.--In awarding grants under this section, the
Secretary shall give priority to entities that primarily engage in
providing direct care and that have developed partnerships with
community organizations or with agencies with experience in improving
language access.
``(e) Evaluation.--
``(1) By grantees.--An entity that receives a grant under
this section shall submit to the Secretary an evaluation that
describes, in the manner and to the extent required by the
Secretary, the activities carried out with funds received under
the grant, and how such activities improved access to health
care services and health-care-related services and the quality
of health care for individuals with limited-English
proficiency. Such evaluation shall be collected and
disseminated through the Robert T. Matsui Center for Culturally
and Linguistically Appropriate Health Care established under
section 3401. The Director of the Agency for Healthcare
Research and Quality shall notify grantees of the availability
of technical assistance for the evaluation and provide such
assistance upon request.
``(2) By secretary.--The Director of the Agency for
Healthcare Research and Quality shall evaluate or arrange with
other individuals or organizations to evaluate projects funded
under this section.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2022 through 2026.
``SEC. 3406. RESEARCH ON CULTURAL AND LANGUAGE COMPETENCE.
``(a) In General.--The Secretary, acting through the Director of
the Agency for Healthcare Research and Quality, shall expand research
concerning language access in the provision of health care services.
``(b) Eligibility.--The Director of the Agency for Healthcare
Research and Quality may conduct the research described in subsection
(a) or enter into contracts with other individuals or organizations to
conduct such research.
``(c) Use of Funds.--Research conducted under this section shall be
designed to do one or more of the following:
``(1) To identify the barriers to mental and behavioral
services that are faced by individuals with limited-English
proficiency.
``(2) To identify health care providers' and health
administrators' attitudes, knowledge, and awareness of the
barriers to quality health care services that are faced by
individuals with limited-English proficiency.
``(3) To identify optimal approaches for delivering
language access.
``(4) To identify best practices for data collection,
including--
``(A) the collection by providers of health care
services and health-care-related services of data on
the race, ethnicity, and primary language of recipients
of such services, taking into account existing research
conducted by the Government or private sector;
``(B) the development and implementation of data
collection and reporting systems; and
``(C) effective privacy safeguards for collected
data.
``(5) To develop a minimum data collection set for primary
language.
``(6) To evaluate the most effective ways in which the
Secretary can create or coordinate, and subsidize or otherwise
fund, telephonic interpretation services for health care
providers, taking into consideration, among other factors, the
flexibility necessary for such a system to accommodate
variations in--
``(A) provider type;
``(B) languages needed and their frequency of use;
``(C) type of encounter;
``(D) time of encounter, including regular business
hours and after hours; and
``(E) location of encounter.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2022 through 2026.''.
SEC. 317703. TRAINING TOMORROW'S DOCTORS FOR CULTURALLY AND
LINGUISTICALLY APPROPRIATE CARE: GRADUATE MEDICAL
EDUCATION.
(a) Direct Graduate Medical Education.--Section 1886(h)(4) of the
Social Security Act (42 U.S.C. 1395ww(h)(4)) is amended by adding at
the end the following new subparagraph:
``(L) Treatment of culturally and linguistically
appropriate training.--In determining a hospital's
number of full-time equivalent residents for purposes
of this subsection, all the time that is spent by an
intern or resident in an approved medical residency
training program for education and training in
culturally and linguistically appropriate service
delivery, which shall include all diverse populations
including people with disabilities and the Lesbian,
gay, bisexual, transgender, queer, questioning,
questioning and intersex (LGBTQIA) community, shall be
counted toward the determination of full-time
equivalency.''.
(b) Indirect Medical Education.--Section 1886(d)(5)(B) of the
Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is amended--
(1) by redesignating the clause (x) added by section
5505(b) of the Patient Protection and Affordable Care Act as
clause (xi); and
(2) by adding at the end the following new clause:
``(xii) The provisions of subparagraph (L) of subsection
(h)(4) shall apply under this subparagraph in the same manner
as they apply under such subsection.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to payments made to hospitals on or after the
date that is one year after the date of the enactment of this Act.
SEC. 317704. FEDERAL REIMBURSEMENT FOR CULTURALLY AND LINGUISTICALLY
APPROPRIATE SERVICES UNDER THE MEDICARE, MEDICAID, AND
STATE CHILDREN'S HEALTH INSURANCE PROGRAMS.
(a) Language Access Grants for Medicare Providers.--
(1) Establishment.--
(A) In general.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services, acting through the Centers
for Medicare & Medicaid Services and in consultation
with the Center for Medicare and Medicaid Innovation
(as referred to in section 1115A of the Social Security
Act (42 U.S.C. 1315a)), shall establish a demonstration
program under which the Secretary shall award grants to
eligible Medicare service providers to improve
communication between such providers and Medicare
beneficiaries who are limited English proficient,
including beneficiaries who live in diverse and
underserved communities.
(B) Application of innovation rules.--The
demonstration project under subparagraph (A) shall be
conducted in a manner that is consistent with the
applicable provisions of subsections (b), (c), and (d)
of section 1115A of the Social Security Act (42 U.S.C.
1315a).
(C) Number of grants.--To the extent practicable,
the Secretary shall award not less than 24 grants under
this subsection.
(D) Grant period.--Except as provided under
paragraph (2)(D), each grant awarded under this
subsection shall be for a 3-year period.
(2) Eligibility requirements.--To be eligible for a grant
under this subsection, an entity must meet the following
requirements:
(A) Medicare provider.--The entity must be--
(i) a provider of services under part A of
title XVIII of the Social Security Act (42
U.S.C. 1395c et seq.);
(ii) a provider of services under part B of
such title (42 U.S.C. 1395j et seq.);
(iii) a Medicare Advantage organization
offering a Medicare Advantage plan under part C
of such title (42 U.S.C. 1395w-21 et seq.); or
(iv) a PDP sponsor offering a prescription
drug plan under part D of such title (42 U.S.C.
1395w-101 et seq.).
(B) Underserved communities.--The entity must serve
a community that, with respect to necessary language
services for improving access and utilization of health
care among English learners, is disproportionally
underserved.
(C) Application.--The entity must prepare and
submit to the Secretary an application, at such time,
in such manner, and accompanied by such additional
information as the Secretary may require.
(D) Reporting.--In the case of a grantee that
received a grant under this subsection in a previous
year, such grantee is only eligible for continued
payments under a grant under this subsection if the
grantee met the reporting requirements under paragraph
(9) for such year. If a grantee fails to meet the
requirement of such paragraph for the first year of a
grant, the Secretary may terminate the grant and
solicit applications from new grantees to participate
in the demonstration program.
(3) Distribution.--To the extent feasible, the Secretary
shall award--
(A) at least 6 grants to providers of services
described in paragraph (2)(A)(i);
(B) at least 6 grants to service providers
described in paragraph (2)(A)(ii);
(C) at least 6 grants to organizations described in
paragraph (2)(A)(iii); and
(D) at least 6 grants to sponsors described in
paragraph (2)(A)(iv).
(4) Considerations in awarding grants.--
(A) Variation in grantees.--In awarding grants
under this subsection, the Secretary shall select
grantees to ensure the following:
(i) The grantees provide many different
types of language services.
(ii) The grantees serve Medicare
beneficiaries who speak different languages,
and who, as a population, have differing needs
for language services.
(iii) The grantees serve Medicare
beneficiaries in both urban and rural settings.
(iv) The grantees serve Medicare
beneficiaries in at least two geographic
regions, as defined by the Secretary.
(v) The grantees serve Medicare
beneficiaries in at least two large
metropolitan statistical areas with racial,
ethnic, sexual, gender, disability, and
economically diverse populations.
(B) Priority for partnerships with community
organizations and agencies.--In awarding grants under
this subsection, the Secretary shall give priority to
eligible entities that have a partnership with--
(i) a community organization; or
(ii) a consortia of community
organizations, State agencies, and local
agencies,
that has experience in providing language services.
(5) Use of funds for competent language services.--
(A) In general.--Subject to subparagraph (E), a
grantee may only use grant funds received under this
subsection to pay for the provision of competent
language services to Medicare beneficiaries who are
English learners.
(B) Competent language services defined.--For
purposes of this subsection, the term ``competent
language services'' means--
(i) interpreter and translation services
that--
(I) subject to the exceptions under
subparagraph (C)--
(aa) if the grantee
operates in a State that has
statewide health care
interpreter standards, meet the
State standards currently in
effect; or
(bb) if the grantee
operates in a State that does
not have statewide health care
interpreter standards, utilizes
competent interpreters who
follow the National Council on
Interpreting in Health Care's
Code of Ethics and Standards of
Practice and comply with the
requirements of section 1557 of
the Patient Protection and
Affordable Care Act (42 U.S.C.
18116) as published in the
Federal Register on May 18,
2016; and
(II) that, in the case of
interpreter services, are provided
through--
(aa) onsite interpretation;
(bb) telephonic
interpretation; or
(cc) video interpretation;
and
(ii) the direct provision of health care or
health-care-related services by a competent
bilingual health care provider.
(C) Exceptions.--The requirements of subparagraph
(B)(i)(I) do not apply, with respect to interpreter and
translation services and a grantee--
(i) in the case of a Medicare beneficiary
who is an English learner if--
(I) such beneficiary has been
informed, in the beneficiary's primary
language, of the availability of free
interpreter and translation services
and the beneficiary instead requests
that a family member, friend, or other
person provide such services; and
(II) the grantee documents such
request in the beneficiary's medical
record; or
(ii) in the case of a medical emergency
where the delay directly associated with
obtaining a competent interpreter or
translation services would jeopardize the
health of the patient.
Clause (ii) shall not be construed to exempt emergency
rooms or similar entities that regularly provide health
care services in medical emergencies to patients who
are English learners from any applicable legal or
regulatory requirements related to providing competent
interpreter and translation services without undue
delay.
(D) Medicare advantage organizations and pdp
sponsors.--If a grantee is a Medicare Advantage
organization offering a Medicare Advantage plan under
part C of title XVIII of the Social Security Act (42
U.S.C. 1395w-21 et seq.) or a PDP sponsor offering a
prescription drug plan under part D of such title (42
U.S.C. 1395w-101 et seq.), such entity must provide at
least 50 percent of the grant funds that the entity
receives under this subsection directly to the entity's
network providers (including all health providers and
pharmacists) for the purpose of providing support for
such providers to provide competent language services
to Medicare beneficiaries who are English learners.
(E) Administrative and reporting costs.--A grantee
may use up to 10 percent of the grant funds to pay for
administrative costs associated with the provision of
competent language services and for reporting required
under paragraph (9).
(6) Determination of amount of grant payments.--
(A) In general.--Payments to grantees under this
subsection shall be calculated based on the estimated
numbers of Medicare beneficiaries who are English
learners in a grantee's service area utilizing--
(i) data on the numbers of English learners
who speak English less than ``very well'' from
the most recently available data from the
Bureau of the Census or other State-based study
the Secretary determines likely to yield
accurate data regarding the number of such
individuals in such service area; or
(ii) data provided by the grantee, if the
grantee routinely collects data on the primary
language of the Medicare beneficiaries that the
grantee serves and the Secretary determines
that the data is accurate and shows a greater
number of English learners than would be
estimated using the data under clause (i).
(B) Discretion of secretary.--Subject to
subparagraph (C), the amount of payment made to a
grantee under this subsection may be modified annually
at the discretion of the Secretary, based on changes in
the data under subparagraph (A) with respect to the
service area of a grantee for the year.
(C) Limitation on amount.--The amount of a grant
made under this subsection to a grantee may not exceed
$500,000 for the period under paragraph (1)(D).
(7) Assurances.--Grantees under this subsection shall, as a
condition of receiving a grant under this subsection--
(A) ensure that clinical and support staff receive
appropriate ongoing education and training in
linguistically appropriate service delivery;
(B) ensure the linguistic competence of bilingual
providers;
(C) offer and provide appropriate language services
at no additional charge to each patient who is an
English learner for all points of contact between the
patient and the grantee, in a timely manner during all
hours of operation;
(D) notify Medicare beneficiaries of their right to
receive language services in their primary language;
(E) post signage in the primary languages commonly
used by the patient population in the service area of
the organization; and
(F) ensure that--
(i) primary language data are collected for
recipients of language services and such data
are consistent with standards developed under
title XXXIV of the Public Health Service Act,
as added by section 317202 of this subtitle, to
the extent such standards are available upon
the initiation of the demonstration program;
and
(ii) consistent with the privacy
protections provided under the regulations
promulgated pursuant to section 264(c) of the
Health Insurance Portability and Accountability
Act of 1996 (42 U.S.C. 1320d-2 note), if the
recipient of language services is a minor or is
incapacitated, primary language data are
collected on the parent or legal guardian of
such recipient.
(8) No cost sharing.--Medicare beneficiaries who are
English learners shall not have to pay cost sharing or co-
payments for competent language services provided under this
demonstration program.
(9) Reporting requirements for grantees.--Not later than
the end of each calendar year, a grantee that receives funds
under this subsection in such year shall submit to the
Secretary a report that includes the following information:
(A) The number of Medicare beneficiaries to whom
competent language services are provided.
(B) The primary languages of those Medicare
beneficiaries.
(C) The types of language services provided to such
beneficiaries.
(D) Whether such language services were provided by
employees of the grantee or through a contract with
external contractors or agencies.
(E) The types of interpretation services provided
to such beneficiaries, and the approximate length of
time such service is provided to such beneficiaries.
(F) The costs of providing competent language
services.
(G) An account of the training or accreditation of
bilingual staff, interpreters, and translators
providing services funded by the grant under this
subsection.
(10) Evaluation and report to congress.--Not later than 1
year after the completion of a 3-year grant under this
subsection, the Secretary shall conduct an evaluation of the
demonstration program under this subsection and shall submit to
the Congress a report that includes the following:
(A) An analysis of the patient outcomes and the
costs of furnishing care to the Medicare beneficiaries
who are English learners participating in the project
as compared to such outcomes and costs for such
Medicare beneficiaries not participating, based on the
data provided under paragraph (9) and any other
information available to the Secretary.
(B) The effect of delivering language services on--
(i) Medicare beneficiary access to care and
utilization of services;
(ii) the efficiency and cost effectiveness
of health care delivery;
(iii) patient satisfaction;
(iv) health outcomes; and
(v) the provision of culturally appropriate
services provided to such beneficiaries.
(C) The extent to which bilingual staff,
interpreters, and translators providing services under
such demonstration were trained or accredited and the
nature of accreditation or training needed by type of
provider, service, or other category as determined by
the Secretary to ensure the provision of high-quality
interpretation, translation, or other language services
to Medicare beneficiaries if such services are expanded
pursuant to section 1115A(c) of the Social Security Act
(42 U.S.C. 1315a(c)).
(D) Recommendations, if any, regarding the
extension of such project to the entire Medicare
Program, subject to the provisions of such section
1115A(c).
(11) Appropriations.--There is appropriated to carry out
this subsection, in equal parts from the Federal Hospital
Insurance Trust Fund under section 1817 of the Social Security
Act (42 U.S.C. 1395i) and the Federal Supplementary Medical
Insurance Trust Fund under section 1841 of such Act (42 U.S.C.
1395t), $16,000,000 for each fiscal year of the demonstration
program.
(12) English learner defined.--In this subsection, the term
``English learner'' has the meaning given such term in section
8101(20) of the Elementary and Secondary Education Act of 1965,
except that subparagraphs (A), (B), and (D) of such section
shall not apply.
(b) Language Assistance Services Under the Medicare Program.--
(1) Inclusion as rural health clinic services.--Section
1861 of the Social Security Act (42 U.S.C. 1395x) is amended--
(A) in subsection (aa)(1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) by adding ``and'' at the end of
subparagraph (C); and
(iii) by inserting after subparagraph (C)
the following new subparagraph:
``(D) language assistance services as defined in subsection
(jjj)(1),''; and
(B) by adding at the end the following new
subsection:
``Language Assistance Services and Related Terms
``(kkk)(1) The term `language assistance services' means `language
access' or `language assistance services' (as those terms are defined
in section 3400 of the Public Health Service Act) furnished by a
`qualified interpreter for an individual with limited-English
proficiency' or a `qualified translator' (as those terms are defined in
such section 3400) to an `individual with limited English proficiency'
(as defined in such section 3400) or an `English learner' (as defined
in paragraph (2)).
``(2) The term `English learner' has the meaning given that term in
section 8101(20) of the Elementary and Secondary Education Act of 1965,
except that subparagraphs (A), (B), and (D) of such section shall not
apply.''.
(2) Coverage.--Section 1832(a)(2) of the Social Security
Act (42 U.S.C. 1395k(a)(2)) is amended--
(A) by striking ``and'' at the end of subparagraph
(I);
(B) by striking the period at the end of
subparagraph (J) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(K) language assistance services (as defined in
section 1861(jjj)(1)).''.
(3) Payment.--Section 1833(a) of the Social Security Act
(42 U.S.C. 1395l(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(8);
(B) by striking the period at the end of paragraph
(9) and inserting ``; and''; and
(C) by inserting after paragraph (9) the following
new paragraph:
``(10) in the case of language assistance services (as
defined in section 1861(jjj)(1)), 100 percent of the reasonable
charges for such services, as determined in consultation with
the Medicare Payment Advisory Commission.''.
(4) Waiver of budget neutrality.--For the 3-year period
beginning on the date of enactment of this section, the budget
neutrality provision of section 1848(c)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 1395w-4(c)(2)(B)(ii)) shall not apply
with respect to language assistance services (as defined in
section 1861(kkk)(1) of such Act).
(c) Medicare Parts C and D.--
(1) In general.--Medicare Advantage plans under part C of
title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
seq.) and prescription drug plans under part D of such title
(42 U.S.C. 1395q-101) shall comply with title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and section 1557
of the Patient Protection and Affordable Care Act (42 U.S.C.
18116) to provide effective language services to enrollees of
such plans.
(2) Medicare advantage plans and prescription drug plans
reporting requirement.--Section 1857(e) of the Social Security
Act (42 U.S.C. 1395w-27(e)) is amended by adding at the end the
following new paragraph:
``(5) Reporting requirements relating to effective language
services.--A contract under this part shall require a Medicare
Advantage organization (and, through application of section
1860D-12(b)(3)(D), a contract under section 1860D-12 shall
require a PDP sponsor) to annually submit (for each year of the
contract) a report that contains information on the internal
policies and procedures of the organization (or sponsor)
related to recruitment and retention efforts directed to
workforce diversity and linguistically and culturally
appropriate provision of services in each of the following
contexts:
``(A) The collection of data in a manner that meets
the requirements of title I of the Ending Health
Disparities During COVID-19 Act of 2021, regarding the
enrollee population.
``(B) Education of staff and contractors who have
routine contact with enrollees regarding the various
needs of the diverse enrollee population.
``(C) Evaluation of the language services programs
and services offered by the organization (or sponsor)
with respect to the enrollee population, such as
through analysis of complaints or satisfaction survey
results.
``(D) Methods by which the plan provides to the
Secretary information regarding the ethnic diversity of
the enrollee population.
``(E) The periodic provision of educational
information to plan enrollees on the language services
and programs offered by the organization (or
sponsor).''.
(d) Improving Language Services in Medicaid and CHIP.--
(1) Payments to states.--Section 1903(a)(2)(E) of the
Social Security Act (42 U.S.C. 1396b(a)(2)(E)), as amended by
section 203(g)(3), is further amended by--
(A) striking ``75'' and inserting ``95'';
(B) striking ``translation or interpretation
services'' and inserting ``language assistance
services''; and
(C) striking ``children of families'' and inserting
``individuals''.
(2) State plan requirements.--Section 1902(a)(10)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended by
striking ``and (29)'' and inserting ``(29), and (30)''.
(3) Definition of medical assistance.--Section 1905(a) of
the Social Security Act (42 U.S.C. 1396d(a)) is amended by--
(A) in paragraph (29), by striking ``and'' at the
end;
(B) by redesignating paragraph (30) as paragraph
(31); and
(C) by inserting after paragraph (29) the following
new paragraph:
``(30) language assistance services, as such term is
defined in section 1861(kkk)(1), provided in a timely manner to
individuals with limited-English proficiency as defined in
section 3400 of the Public Health Service Act; and''.
(4) Use of deductions and cost sharing.--Section 1916(a)(2)
of the Social Security Act (42 U.S.C. 1396o(a)(2)) is amended
by--
(A) by striking ``or'' at the end of subparagraph
(D);
(B) by striking ``; and'' at the end of
subparagraph (E) and inserting ``, or''; and
(C) by adding at the end the following new
subparagraph:
``(F) language assistance services described in
section 1905(a)(29); and''.
(5) CHIP coverage requirements.--Section 2103 of the Social
Security Act (42 U.S.C. 1397cc) is amended--
(A) in subsection (a), in the matter before
paragraph (1), by striking ``and (7)'' and inserting
``(7), and (10)''; and
(B) in subsection (c), by adding at the end the
following new paragraph:
``(10) Language assistance services.--The child health
assistance provided to a targeted low-income child shall
include coverage of language assistance services, as such term
is defined in section 1861(jjj)(1), provided in a timely manner
to individuals with limited-English proficiency (as defined in
section 3400 of the Public Health Service Act).''; and
(C) in subsection (e)(2)--
(i) in the heading, by striking
``preventive'' and inserting ``certain''; and
(ii) by inserting ``or subsection (c)(10)''
after ``subsection (c)(1)(D)''.
(6) Definition of child health assistance.--Section
2110(a)(27) of the Social Security Act (42 U.S.C.
1397jj(a)(27)) is amended by striking ``translation'' and
inserting ``language assistance services as described in
section 2103(c)(10)''.
(7) State data collection.--Pursuant to the reporting
requirement described in section 2107(b)(1) of the Social
Security Act (42 U.S.C. 1397gg(b)(1)), the Secretary of Health
and Human Services shall require that States collect data on--
(A) the primary language of individuals receiving
child health assistance under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.); and
(B) in the case of such individuals who are minors
or incapacitated, the primary language of the
individual's parent or guardian.
(8) CHIP payments to states.--Section 2105 of the Social
Security Act (42 U.S.C. 1397ee) is amended--
(A) in subsection (a)(1), by striking ``75'' and
inserting ``90''; and
(B) in subsection (c)(2)(A), by inserting before
the period at the end the following: ``, except that
expenditures pursuant to clause (iv) of subparagraph
(D) of such paragraph shall not count towards this
total''.
(e) Funding Language Assistance Services Furnished by Providers of
Health Care and Health-Care-Related Services That Serve High Rates of
Uninsured LEP Individuals.--
(1) Payment of costs.--
(A) In general.--Subject to subparagraph (B), the
Secretary of Health and Human Services (referred to in
this subsection as the ``Secretary'') shall make
payments (on a quarterly basis) directly to eligible
entities to support the provision of language
assistance services to English learners in an amount
equal to an eligible entity's eligible costs for
providing such services for the quarter.
(B) Funding.--Out of any funds in the Treasury not
otherwise appropriated, there are appropriated to the
Secretary of Health and Human Services such sums as may
be necessary for each of fiscal years 2023 through
2027.
(C) Relation to medicaid dsh.--Payments under this
subsection shall not offset or reduce payments under
section 1923 of the Social Security Act (42 U.S.C.
1396r-4), nor shall payments under such section be
considered when determining uncompensated costs
associated with the provision of language assistance
services for the purposes of this section.
(2) Methodology for payment of claims.--
(A) In general.--The Secretary shall establish a
methodology to determine the average per person cost of
language assistance services.
(B) Different entities.--In establishing such
methodology, the Secretary may establish different
methodologies for different types of eligible entities.
(C) No individual claims.--The Secretary may not
require eligible entities to submit individual claims
for language assistance services for individual
patients as a requirement for payment under this
subsection.
(3) Data collection instrument.--For purposes of this
subsection, the Secretary shall create a standard data
collection instrument that is consistent with any existing
reporting requirements by the Secretary or relevant accrediting
organizations regarding the number of individuals to whom
language access are provided.
(4) Guidelines.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish and
distribute guidelines concerning the implementation of this
subsection.
(5) Reporting requirements.--
(A) Report to secretary.--Entities receiving
payment under this subsection shall provide the
Secretary with a quarterly report on how the entity
used such funds. Such report shall contain aggregate
(and may not contain individualized) data collected
using the instrument under paragraph (3) and shall
otherwise be in a form and manner determined by the
Secretary.
(B) Report to congress.--Not later than 2 years
after the date of enactment of this Act, and every 2
years thereafter, the Secretary shall submit a report
to Congress concerning the implementation of this
subsection.
(6) Definitions.--In this subsection:
(A) Eligible costs.--The term ``eligible costs''
means, with respect to an eligible entity that provides
language assistance services to English learners, the
product of--
(i) the average per person cost of language
assistance services, determined according to
the methodology devised under paragraph (2);
and
(ii) the number of English learners who are
provided language assistance services by the
entity and for whom no reimbursement is
available for such services under the
amendments made by subsections (a), (b), (c),
or (d) or by private health insurance.
(B) Eligible entity.--The term ``eligible entity''
means an entity that--
(i) is a Medicaid provider that is--
(I) a physician;
(II) a hospital with a low-income
utilization rate (as defined in section
1923(b)(3) of the Social Security Act
(42 U.S.C. 1396r-4(b)(3))) of greater
than 25 percent; or
(III) a federally qualified health
center (as defined in section
1905(l)(2)(B) of the Social Security
Act (42 U.S.C. 1396d(l)(2)(B)));
(ii) not later than 6 months after the date
of the enactment of this Act, provides language
assistance services to not less than 8 percent
of the entity's total number of patients; and
(iii) prepares and submits an application
to the Secretary, at such time, in such manner,
and accompanied by such information as the
Secretary may require, to ascertain the
entity's eligibility for funding under this
subsection.
(C) English learner.--The term ``English learner''
has the meaning given such term in section 8101(20) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801(20)), except that subparagraphs (A), (B),
and (D) of such section shall not apply.
(D) Language assistance services.--The term
``language assistance services'' has the meaning given
such term in section 1861(kkk)(1) of the Social
Security Act, as added by subsection (b).
(f) Application of Civil Rights Act of 1964, Section 1557 of the
Affordable Care Act, and Other Laws.--Nothing in this section shall be
construed to limit otherwise existing obligations of recipients of
Federal financial assistance under title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), section 1557 of the Affordable Care
Act, or other laws that protect the civil rights of individuals.
(g) Effective Date.--
(1) In general.--Except as otherwise provided and subject
to paragraph (2), the amendments made by this section shall
take effect on January 1, 2023.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirement
imposed by the amendments made by this section, the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet this additional requirement before 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 previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
SEC. 317705. REQUIREMENTS FOR HEALTH PROGRAMS OR ACTIVITIES RECEIVING
FEDERAL FUNDS.
(a) Covered Entity; Covered Program or Activity.--In this section--
(1) The term ``covered entity'' has the meaning given such
term in section 92.4 of title 42, Code of Federal Regulations,
as in effect on May 16, 2016; and
(2) The term ``covered program or activity'' has the
meaning given such term in section 92.4 of title 42, Code of
Federal Regulations, as in effect on May 16, 2016.
(b) Requirements.--A covered entity, in order to ensure the right
of individuals with limited English proficiency to receive access to
high-quality health care through the covered program or activity,
shall--
(1) ensure that appropriate clinical and support staff
receive ongoing education and training in culturally and
linguistically appropriate service delivery;
(2) offer and provide appropriate language assistance
services at no additional charge to each patient that is an
individual with limited-English proficiency at all points of
contact, in a timely manner during all hours of operation;
(3) notify patients of their right to receive language
services in their primary language; and
(4) utilize only qualified interpreters for an individual
with limited-English proficiency or qualified translators,
except as provided in subsection (c).
(c) Exemptions.--The requirements of subsection (b)(4) shall not
apply as follows:
(1) When a patient requests the use of family, friends, or
other persons untrained in interpretation or translation if
each of the following conditions are met:
(A) The interpreter requested by the patient is
over the age of 18.
(B) The covered entity informs the patient in the
primary language of the patient that he or she has the
option of having the entity provide to the patient an
interpreter and translation services without charge.
(C) The covered entity informs the patient that the
entity may not require an individual with a limited-
English proficiency to use a family member or friend as
an interpreter.
(D) The covered entity evaluates whether the person
the patient wishes to use as an interpreter is
competent. If the covered entity has reason to believe
that such person is not competent as an interpreter,
the entity provides its own interpreter to protect the
covered entity from liability if the patient's
interpreter is later found not competent.
(E) If the covered entity has reason to believe
that there is a conflict of interest between the
interpreter and patient, the covered entity may not use
the patient's interpreter.
(F) The covered entity has the patient sign a
waiver, witnessed by at least 1 individual not related
to the patient, that includes the information stated in
subparagraphs (A) through (E) and is translated into
the patient's primary language.
(2) When a medical emergency exists and the delay directly
associated with obtaining competent interpreter or translation
services would jeopardize the health of the patient, but only
until a competent interpreter or translation service is
available.
(d) Rule of Construction.--Subsection (c)(2) shall not be construed
to mean that emergency rooms or similar entities that regularly provide
health care services in medical emergencies are exempt from legal or
regulatory requirements related to competent interpreter services.
SEC. 317706. REPORT ON FEDERAL EFFORTS TO PROVIDE CULTURALLY AND
LINGUISTICALLY APPROPRIATE HEALTH CARE SERVICES.
(a) Report.--Not later than 1 year after the date of enactment of
this Act and annually thereafter, the Secretary of Health and Human
Services shall enter into a contract with the National Academy of
Medicine for the preparation and publication of a report that describes
Federal efforts to ensure that all individuals with limited-English
proficiency have meaningful access to health care services and health-
care-related services that are culturally and linguistically
appropriate. Such report shall include--
(1) a description and evaluation of the activities carried
out under this subtitle;
(2) a description and analysis of best practices, model
programs, guidelines, and other effective strategies for
providing access to culturally and linguistically appropriate
health care services;
(3) recommendations on the development and implementation
of policies and practices by providers of health care services
and health-care-related services for individuals with limited-
English proficiency, including people with cognitive, hearing,
vision, or print impairments;
(4) recommend guidelines or standards for health literacy
and plain language, informed consent, discharge instructions,
and written communications, and for improvement of health care
access;
(5) a description of the effect of providing language
services on quality of health care and access to care; and
(6) a description of the costs associated with or savings
related to the provision of language services.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
SEC. 317707. HEALTH PROFESSIONS COMPETENCIES TO ADDRESS RACIAL AND
ETHNIC MENTAL HEALTH DISPARITIES.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Mental Health and Substance Use,
shall award grants to qualified national organizations for the purposes
of--
(1) developing, and disseminating to health professional
educational programs curricula or core competencies addressing
mental health inequities among racial and ethnic minority
groups for use in the training of students in the professions
of social work, psychology, psychiatry, marriage and family
therapy, mental health counseling, peer support, and substance
abuse counseling; and
(2) certifying community health workers and peer wellness
specialists with respect to such curricula and core
competencies and integrating and expanding the use of such
workers and specialists into health care and community-based
settings to address mental health disparities among racial and
ethnic minority groups.
(b) Curricula; Core Competencies.--Organizations receiving funds
under subsection (a) may use the funds to engage in the following
activities related to the development and dissemination of curricula or
core competencies described in subsection (a)(1):
(1) Formation of committees or working groups comprised of
experts from accredited health professions schools to identify
core competencies relating to mental health disparities among
racial and ethnic minority groups.
(2) Planning of workshops in national fora to allow for
public input, including input from communities of color with
lived experience, into the educational needs associated with
mental health disparities among racial and ethnic minority
groups.
(3) Dissemination and promotion of the use of curricula or
core competencies in undergraduate and graduate health
professions training programs nationwide.
(4) Establishing external stakeholder advisory boards to
provide meaningful input into policy and program development
and best practices to reduce mental health inequities among
racial and ethnic groups, including participation from
communities of color with lived experience of the impacts of
mental health disparities.
(c) Definitions.--In this section:
(1) Qualified national organization.--The term ``qualified
national organization'' means a national organization that
focuses on the education of students in programs of social
work, occupational therapy, psychology, psychiatry, and
marriage and family therapy.
(2) Racial and ethnic minority group.--The term ``racial
and ethnic minority group'' has the meaning given to such term
in section 1707(g) of the Public Health Service Act (42 U.S.C.
300u-6(g)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
SEC. 317708. STUDY ON THE UNINSURED.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall--
(1) conduct a study, in accordance with the standards under
section 3101 of the Public Health Service Act (42 U.S.C.
300kk), on the demographic characteristics of the population of
individuals who do not have health insurance coverage or oral
health coverage; and
(2) predict, based on such study, the demographic
characteristics of the population of individuals who would
remain without health insurance coverage after the end of any
annual open enrollment or any special enrollment period or upon
enactment and implementation of any legislative changes to the
Patient Protection and Affordable Care Act (Public Law 111-148)
that affect the number of persons eligible for coverage.
(b) Reporting Requirements.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Secretary shall submit to the
Congress the results of the study under subsection (a)(1) and
the prediction made under subsection (a)(2).
(2) Reporting of demographic characteristics.--The
Secretary shall--
(A) report the demographic characteristics under
paragraphs (1) and (2) of subsection (a) on the basis
of racial and ethnic group, and shall stratify the
reporting on each racial and ethnic group by other
demographic characteristics that can impact access to
health insurance coverage, such as sexual orientation,
gender identity, primary language, disability status,
sex, socioeconomic status, age group, and citizenship
and immigration status, in a manner consistent with
part 1 of this subtitle, including the amendments made
by such part; and
(B) not use such report to engage in or anticipate
any deportation or immigration related enforcement
action by any entity, including the Department of
Homeland Security.
PART 8--AID TO PROVIDERS SERVING MINORITY COMMUNITIES
SEC. 317801. TEMPORARY INCREASE IN MEDICAID DSH ALLOTMENTS.
(a) In General.--Section 1923(f)(3) of the Social Security Act (42
U.S.C. 1396r-4(f)(3)) is amended--
(1) in subparagraph (A), by striking ``and subparagraph
(E)'' and inserting ``and subparagraphs (E) and (F)''; and
(2) by adding at the end the following new subparagraph:
``(F) Temporary increase in allotments during
certain public health emergency.--The DSH allotment for
any State for each of fiscal years 2022 and 2023 is
equal to 102.5 percent of the DSH allotment that would
be determined under this paragraph for the State for
each respective fiscal year without application of this
subparagraph, notwithstanding subparagraphs (B) and
(C). For each fiscal year after fiscal year 2021, the
DSH allotment for a State for such fiscal year is equal
to the DSH allotment that would have been determined
under this paragraph for such fiscal year if this
subparagraph had not been enacted.''.
(b) DSH Allotment Adjustment for Tennessee.--Section
1923(f)(6)(A)(vi) of the Social Security Act (42 U.S.C. 1396r-
4(f)(6)(A)(vi)) is amended--
(1) by striking ``Notwithstanding any other provision of
this subsection'' and inserting the following:
``(I) In general.--Notwithstanding
any other provision of this subsection
(except as provided in subclause (II)
of this clause)''; and
(2) by adding at the end the following:
``(II) Temporary increase in
allotments.--The DSH allotment for
Tennessee for each of fiscal years 2022
and 2023 shall be equal to
$54,427,500.''.
(c) Sense of Congress.--It is the sense of Congress that a State
should prioritize making payments under the State plan of the State
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or
a waiver of such plan) to disproportionate share hospitals that have a
higher share of COVID-19 patients relative to other such hospitals in
the State.
SEC. 317802. COVID-19-RELATED TEMPORARY INCREASE OF MEDICAID FMAP.
(a) In General.--Section 6008 of the Families First Coronavirus
Response Act (42 U.S.C. 1396d note) is amended--
(1) in subsection (a)--
(A) by inserting ``(or, if later, June 30, 2021)''
after ``last day of such emergency period occurs''; and
(B) by striking ``6.2 percentage points.'' and
inserting ``the percentage points specified in
subsection (e). In no case may the application of this
section result in the Federal medical assistance
percentage determined for a State being more than 95
percent.''; and
(2) by adding at the end the following new subsections:
``(e) Specified Percentage Points.--For purposes of subsection (a),
the percentage points specified in this subsection are--
``(1) for each calendar quarter occurring during the period
beginning on the first day of the emergency period described in
paragraph (1)(B) of section 1135(g) of the Social Security Act
(42 U.S.C. 1320b-5(g)) and ending on June 30, 2022, 6.2
percentage points;
``(2) for each calendar quarter occurring during the period
beginning on July 1, 2022, and ending on June 30, 2023, 14
percentage points; and
``(3) for each calendar quarter, if any, occurring during
the period beginning on July 1, 2023, and ending on the last
day of the calendar quarter in which the last day of such
emergency period occurs, 6.2 percentage points.
``(f) Clarifications.--
``(1) In the case of a State that treats an individual
described in subsection (b)(3) as eligible for the benefits
described in such subsection, for the period described in
subsection (a), expenditures for medical assistance and
administrative costs attributable to such individual that would
not otherwise be included as expenditures under section 1903 of
the Social Security Act shall be regarded as expenditures under
the State plan approved under title XIX of the Social Security
Act or for administration of such State plan.
``(2) The limitations on payment under subsections (f) and
(g) of section 1108 of the Social Security Act (42 U.S.C. 1308)
shall not apply to Federal payments made under section
1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1))
attributable to the increase in the Federal medical assistance
percentage under this section.
``(3) Expenditures attributable to the increased Federal
medical assistance percentage under this section shall not be
counted for purposes of the limitations under section
2104(b)(4) of such Act (42 U.S.C. 1397dd(b)(4)).
``(4) Notwithstanding the first sentence of section 2105(b)
of the Social Security Act (42 U.S.C. 1397ee(b)), the
application of the increase under this section may result in
the enhanced FMAP of a State for a fiscal year under such
section exceeding 85 percent, but in no case may the
application of such increase before application of the second
sentence of such section result in the enhanced FMAP of the
State exceeding 95 percent.
``(g) 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 payments under part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect and apply as if included in the enactment of section 6008
of the Families First Coronavirus Response Act (Public Law 116-127).
SEC. 317803. APPROPRIATION FOR PRIMARY HEALTH CARE.
For an additional amount for ``Department of Health and Human
Services--Health Resources and Services Administration--Primary Health
Care'', $7,600,000,000, to remain available until September 30, 2027,
for necessary expenses to prevent, prepare for, and respond to
coronavirus, for grants and cooperative agreements under the Health
Centers Program, as defined by section 330 of the Public Health Service
Act, and for grants to Federally qualified health centers, as defined
in section 1861(aa)(4)(B) of the Social Security Act, and for eligible
entities under the Native Hawaiian Health Care Improvement Act,
including maintenance or expansion of health center and system capacity
and staffing levels: Provided, That sections 330(r)(2)(B),
330(e)(6)(A)(iii), and 330(e)(6)(B)(iii) shall not apply to funds
provided under this heading in this section: Provided further, That
funds provided under this heading in this section may be used to (1)
purchase equipment and supplies to conduct mobile testing for SARS-CoV-
2 or COVID-19; (2) purchase and maintain mobile vehicles and equipment
to conduct such testing; and (3) hire and train laboratory personnel
and other staff to conduct such mobile testing: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
SEC. 317804. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title XXXIV of the Public Health Service Act, as amended by
sections 104 and 702, is further amended by adding at the following:
``Subtitle C--Reconstruction and Improvement Grants for Public Health
Care Facilities Serving Pacific Islanders and the Insular Areas
``SEC. 3407. GRANT SUPPORT FOR QUALITY IMPROVEMENT INITIATIVES.
``(a) In General.--The Secretary, in collaboration with the
Administrator of the Health Resources and Services Administration, the
Director of the Agency for Healthcare Research and Quality, and the
Administrator of the Centers for Medicare & Medicaid Services, shall
award grants to eligible entities for the conduct of demonstration
projects to improve the quality of and access to health care.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a health center, hospital, health plan, health
system, community clinic, or other health entity determined
appropriate by the Secretary--
``(A) that, by legal mandate or explicitly adopted
mission, provides patients with access to services
regardless of their ability to pay;
``(B) that provides care or treatment for a
substantial number of patients who are uninsured, are
receiving assistance under a State plan under title XIX
of the Social Security Act (or under a waiver of such
plan), or are members of vulnerable populations, as
determined by the Secretary; and
``(C)(i) with respect to which, not less than 50
percent of the entity's patient population is made up
of racial and ethnic minority groups; or
``(ii) that--
``(I) serves a disproportionate
percentage of local patients that are
from a racial and ethnic minority
group, or that has a patient
population, at least 50 percent of
which is composed of individuals with
limited-English proficiency; and
``(II) provides an assurance that
amounts received under the grant will
be used only to support quality
improvement activities in the racial
and ethnic minority population served;
and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants under subsection (b)(2)
that--
``(1) demonstrate an intent to operate as part of a health
care partnership, network, collaborative, coalition, or
alliance where each member entity contributes to the design,
implementation, and evaluation of the proposed intervention; or
``(2) intend to use funds to carry out systemwide changes
with respect to health care quality improvement, including--
``(A) improved systems for data collection and
reporting;
``(B) innovative collaborative or similar
processes;
``(C) group programs with behavioral or self-
management interventions;
``(D) case management services;
``(E) physician or patient reminder systems;
``(F) educational interventions; or
``(G) other activities determined appropriate by
the Secretary.
``(d) Use of Funds.--An entity shall use amounts received under a
grant under subsection (a) to support the implementation and evaluation
of health care quality improvement activities or minority health and
health care disparity reduction activities that include--
``(1) with respect to health care systems, activities
relating to improving--
``(A) patient safety;
``(B) timeliness of care;
``(C) effectiveness of care;
``(D) efficiency of care;
``(E) patient centeredness; and
``(F) health information technology; and
``(2) with respect to patients, activities relating to--
``(A) staying healthy;
``(B) getting well, mentally and physically;
``(C) living effectively with illness or
disability;
``(D) coping with end-of-life issues; and
``(E) shared decisionmaking.
``(e) Common Data Systems.--The Secretary shall provide financial
and other technical assistance to grantees under this section for the
development of common data systems.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2028.
``SEC. 3408. CENTERS OF EXCELLENCE.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, shall designate
centers of excellence at public hospitals, and other health systems
serving large numbers of minority patients, that--
``(1) meet the requirements of section 3451(b)(1);
``(2) demonstrate excellence in providing care to minority
populations; and
``(3) demonstrate excellence in reducing disparities in
health and health care.
``(b) Requirements.--A hospital or health system that serves as a
center of excellence under subsection (a) shall--
``(1) design, implement, and evaluate programs and policies
relating to the delivery of care in racially, ethnically, and
linguistically diverse populations;
``(2) provide training and technical assistance to other
hospitals and health systems relating to the provision of
quality health care to minority populations; and
``(3) develop activities for graduate or continuing medical
education that institutionalize a focus on cultural competence
training for health care providers.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2023 through 2028.
``SEC. 3409. RECONSTRUCTION AND IMPROVEMENT GRANTS FOR PUBLIC HEALTH
CARE FACILITIES SERVING PACIFIC ISLANDERS AND THE INSULAR
AREAS.
``(a) In General.--The Secretary shall provide direct financial
assistance to designated health care providers and community health
centers in American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Puerto Rico, and
Hawaii for the purposes of reconstructing and improving health care
facilities and services in a culturally competent and sustainable
manner.
``(b) Eligibility.--To be eligible to receive direct financial
assistance under subsection (a), an entity shall be a public health
facility or community health center located in American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, the United States
Virgin Islands, Puerto Rico, or Hawaii that--
``(1) is owned or operated by--
``(A) the Government of American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the
United States Virgin Islands, Puerto Rico, or Hawaii or
a unit of local government; or
``(B) a nonprofit organization; and
``(2)(A) provides care or treatment for a substantial
number of patients who are uninsured, receiving assistance
under title XVIII of the Social Security Act, or a State plan
under title XIX of such Act (or under a waiver of such plan),
or who are members of a vulnerable population, as determined by
the Secretary; or
``(B) serves a disproportionate percentage of local
patients that are from a racial and ethnic minority group.
``(c) Report.--Not later than 180 days after the date of enactment
of this title and annually thereafter, the Secretary shall submit to
the Congress and the President a report that includes an assessment of
health resources and facilities serving populations in American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Puerto Rico, and Hawaii. In preparing such
report, the Secretary shall--
``(1) consult with and obtain information on all health
care facilities needs from the entities receiving direct
financial assistance under subsection (a);
``(2) include all amounts of Federal assistance received by
each such entity in the preceding fiscal year;
``(3) review the total unmet needs of health care
facilities serving American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, the United States Virgin Islands,
Puerto Rico, and Hawaii, including needs for renovation and
expansion of existing facilities;
``(4) include a strategic plan for addressing the needs of
each such population identified in the report; and
``(5) evaluate the effectiveness of the care provided by
measuring patient outcomes and cost measures.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.''.
SEC. 317805. PANDEMIC PREMIUM PAY FOR ESSENTIAL WORKERS.
(a) In General.-- Beginning 3 days after an essential work employer
receives a grant under section 317806 from the Secretary of the
Treasury, the essential work employer shall--
(1) be required to comply with subsections (b) through (h);
and
(2) be subject to the enforcement requirements of section
317807.
(b) Pandemic Premium Pay.--
(1) In general.--An essential work employer receiving a
grant under section 317806 shall, in accordance with this
subsection, provide each essential worker of the essential work
employer with premium pay at a rate equal to $13 for each hour
of work performed by the essential worker for the employer from
January 27, 2020, until the date that is 60 days after the last
day of the COVID-19 Public Health Emergency.
(2) Maximum amounts.--The total amount of all premium pay
under this subsection that an essential work employer is
required to provide to an essential worker, including through
any retroactive payment under paragraph (3), shall not exceed--
(A) for an essential worker who is not a highly-
compensated essential worker, $10,000 reduced by
employer payroll taxes with respect to such premium
pay; or
(B) for a highly-compensated essential worker,
$5,000 reduced by employer payroll taxes with respect
to such premium pay.
(3) Retroactive payment.--For all work performed by an
essential worker during the period from January 27, 2020,
through the date on which the essential work employer of the
worker receives a grant under this title, the essential work
employer shall use a portion of the amount of such grant to
provide such worker with premium pay under this subsection for
such work at the rate provided under paragraph (1). Such amount
shall be provided to the essential worker as a lump sum in the
next paycheck (or other payment form) that immediately follows
the receipt of the grant by the essential work employer. In any
case where it is impossible for the employer to arrange for
payment of the amount due in such paycheck (or other payment
form), such amounts shall be paid as soon as practicable, but
in no event later than the second paycheck (or other payment
form) following the receipt of the grant by the essential work
employer.
(4) No employer discretion.--An essential work employer
receiving a grant under section 317806 shall not have any
discretion to determine which portions of work performed by an
essential worker qualify for premium pay under this subsection,
but shall pay such premium pay for any increment of time worked
by the essential worker for the essential work employer up to
the maximum amount applicable to the essential worker under
paragraph (2).
(c) Prohibition on Reducing Compensation and Displacement.--
(1) In general.--Any payments made to an essential worker
as premium pay under subsection (b) shall be in addition to all
other compensation, including all wages, remuneration, or other
pay and benefits, that the essential worker otherwise receives
from the essential work employer.
(2) Reduction of compensation.--An essential work employer
receiving a grant under section 317806 shall not, during the
period beginning on the date of enactment of this Act and
ending on the date that is 60 days after the last day of the
COVID-19 Public Health Emergency, reduce or in any other way
diminish, any other compensation, including the wages,
remuneration, or other pay or benefits, that the essential work
employer provided to the essential worker on the day before the
date of enactment of this Act.
(3) Displacement.--An essential work employer shall not
take any action to displace an essential worker (including
partial displacement such as a reduction in hours, wages, or
employment benefits) for purposes of hiring an individual for
an equivalent position at a rate of compensation that is less
than is required to be provided to an essential worker under
paragraph (2).
(d) Demarcation From Other Compensation.--The amount of any premium
pay paid under subsection (b) shall be clearly demarcated as a separate
line item in each paystub or other document provided to an essential
worker that details the remuneration the essential worker received from
the essential work employer for a particular period of time. If any
essential worker does not otherwise regularly receive any such paystub
or other document from the employer, the essential work employer shall
provide such paystub or other document to the essential worker for the
duration of the period in which the essential work employer provides
premium pay under subsection (b).
(e) Exclusion From Wage-based Calculations.--Any premium pay under
subsection (b) paid to an essential worker under this section by an
essential work employer receiving a grant under section 317806 shall be
excluded from the amount of remuneration for work paid to the essential
worker for purposes of--
(1) calculating the essential worker's eligibility for any
wage-based benefits offered by the essential work employer;
(2) computing the regular rate at which such essential
worker is employed under section 7 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 207); and
(3) determining whether such essential worker is exempt
from application of such section 7 under section 13(a)(1) of
such Act (29 U.S.C. 213(a)(1)).
(f) Essential Worker Death.--
(1) In general.--In any case in which an essential worker
of an essential work employer receiving a grant under section
317806 exhibits symptoms of COVID-19 and dies, the essential
work employer shall pay as a lump sum to the next of kin of the
essential worker for premium pay under subsection (b)--
(A) for an essential worker who is not a highly-
compensated essential worker, the amount determined
under subsection (b)(2)(A) minus the total amount of
any premium pay the worker received under subsection
(b) prior to the death; or
(B) for a highly-compensated essential worker, the
amount determined under subsection (b)(2)(B) minus the
amount of any premium pay the worker received under
subsection (b) prior to the death.
(2) Treatment of lump sum payments.--
(A) Treatment as premium pay.--For purposes of this
part, any payment made under this subsection shall be
treated as a premium pay under subsection (b).
(B) Treatment for purposes of internal revenue code
of 1986.--For purposes of the Internal Revenue Code of
1986, any payment made under this subsection shall be
treated as a payment for work performed by the
essential worker.
(g) Application to Self-directed Care Workers Funded Through
Medicaid or the Veteran-Directed Care Program.--
(1) Medicaid.--In the case of an essential work employer
receiving a grant under section 317806 that is a covered
employer described in paragraph (4) who, under a State Medicaid
plan under title XIX of the Social Security Act (42 U.S.C. 1396
et seq.) or under a waiver of such plan, has opted to receive
items or services using a self-directed service delivery model,
the preceding requirements of this section, including the
requirements to provide premium pay under subsection (b)
(including a lump sum payment in the event of an essential
worker death under subsection (f)) and the requirements of
sections 806 and 807, shall apply to the State Medicaid agency
responsible for the administration of such plan or waiver with
respect to self-directed care workers employed by that
employer. In administering payments made under this part to
such self-directed care workers on behalf of such employers, a
State Medicaid agency shall--
(A) exclude and disregard any payments made under
this part to such self-directed workers from the
individualized budget that applies to the items or
services furnished to the individual client employer
under the State Medicaid plan or waiver;
(B) to the extent practicable, administer and
provide payments under this part directly to such self-
directed workers through arrangements with entities
that provide financial management services in
connection with the self-directed service delivery
models used under the State Medicaid plan or waiver;
and
(C) ensure that individual client employers of such
self-directed workers are provided notice of, and
comply with, the prohibition under section
317807(b)(1)(B).
(2) Veteran-directed care program.--In the case of an
essential work employer that is a covered employer described in
paragraph (4) who is a veteran participating in the Veteran
Directed Care program administered by the VA Office of
Geriatrics & Extended Care of the Veterans Health
Administration, the preceding requirements of this section and
sections 317806 and 317807, shall apply to such VA Office of
Geriatrics & Extended Care with respect to self-directed care
workers employed by that employer. Paragraph (1) of this
subsection shall apply to the administration by the VA Office
of Geriatrics & Extended Care of payments made under this part
to such self-directed care workers on behalf of such employers
in the same manner as such requirements apply to State Medicaid
agencies.
(3) Penalty enforcement.--The Secretary of Labor shall
consult with the Secretary of Health and Human Services and the
Secretary of Veterans Affairs regarding the enforcement of
penalties imposed under section 317807(b)(2) with respect to
violations of subparagraph (A) or (B) of section 317807(b)(1)
that involve self-directed workers for which the requirements
of this section and sections 806 and 807 are applied to a State
Medicaid agency under paragraph (1) or the VA Office of
Geriatrics & Extended Care under paragraph (2).
(4) Covered employer described.--For purposes of paragraphs
(1) and (2), a covered employer described in this paragraph
means--
(A) an entity or person that contracts directly
with a State, locality, Tribal government, or the
Federal Government, to provide care (which may include
items and services) through employees of such entity or
person to individuals under the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.), under a State Medicaid plan under title XIX
of such Act (42 U.S.C. 1396 et seq.) or under a waiver
of such plan, or under any other program established or
administered by a State, locality, Tribal government,
or the Federal Government;
(B) a subcontractor of an entity or person
described in subparagraph (A);
(C) an individual client (or a representative on
behalf of an individual client), an entity, or a
person, that employs an individual to provide care
(which may include items and services) to the
individual client under a self-directed service
delivery model through a program established or
administered by a State, locality, Tribal government,
or the Federal Government; or
(D) an individual client (or a representative on
behalf of an individual client) that, on their own
accord, employs an individual to provide care (which
may include items and services) to the individual
client using the individual client's own finances.
(h) Interaction With Stafford Act.--Nothing in this section shall
nullify, supersede, or otherwise change a State's ability to seek
reimbursement under section 403 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170b) for the costs of
premium pay based on pre-disaster labor policies for eligible
employees.
(i) Calculation of Paid Leave Under FFCRA and FMLA.--
(1) Families first coronavirus response act.--Section
5110(5)(B) of the Families First Coronavirus Response Act (29
U.S.C. 2601 note) is amended by adding at the end the
following:
``(iii) Pandemic premium pay.--Compensation
received by an employee under section 807(b) of
the EHDC Act of 2020 shall be included as
remuneration for employment paid to the
employee for purposes of computing the regular
rate at which such employee is employed.''.
(2) Family and medical leave act of 1993.--Section
110(b)(2)(B) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2620(b)(2)(B)) is amended by adding at the end the
following:
``(iii) Pandemic premium pay.--Compensation
received by an employee under section 807(b) of
the EHDC Act of 2020 shall be included as
remuneration for employment paid to the
employee for purposes of computing the regular
rate at which such employee is employed.''.
SEC. 317806. COVID-19 HEROES FUND GRANTS.
(a) Grants.--
(1) For pandemic premium pay.--The Secretary of the
Treasury shall, subject to the availability of amounts provided
in this part, award a grant to each essential work employer
that applies for a grant, in accordance with this section, for
the purpose of providing premium pay to essential workers under
section 317805(b), including amounts paid under section
317805(f).
(2) Eligibility.--
(A) Eligible employers generally.--Any essential
work employer shall be eligible for a grant under
paragraph (1).
(B) Self-directed care workers.--A self-directed
care worker employed by an essential work employer
other than an essential work employer described in
section 317805(g), shall be eligible to apply for a
grant under paragraph (1) in the same manner as an
essential work employer. Such a worker shall provide
premium pay to himself or herself in accordance with
this section, including the recordkeeping and refund
requirements of this section.
(b) Amount of Grants.--
(1) In general.--The maximum amount available for making a
grant under subsection (a)(1) to an essential work employer
shall be equal to the sum of--
(A) the amount obtained by multiplying $10,000 by
the number of essential workers the employer certifies,
in the application submitted under subsection (c)(1),
as employing, or providing remuneration to for services
or labor, who are paid wages or remuneration by the
employer at a rate that is less than the equivalent of
$200,000 per year; and
(B) the amount obtained by multiplying $5,000 by
the number of highly-compensated essential workers the
employer certifies, in the application submitted under
subsection (c)(1), as employing, or providing
remuneration to for services or labor, who are paid
wages or remuneration by the employer at a rate that is
equal to or greater than the equivalent of $200,000 per
year.
(2) No partial grants.--The Secretary of the Treasury shall
not award a grant under this section in an amount less than the
maximum described in paragraph (1).
(c) Grant Application and Disbursal.--
(1) Application.--Any essential work employer seeking a
grant under subsection (a)(1) shall submit an application to
the Secretary of the Treasury at such time, in such manner, and
complete with such information as the Secretary may require.
(2) Notice and certification.--
(A) In general.--The Secretary of the Treasury
shall, within 15 days after receiving a complete
application from an essential work employer eligible
for a grant under this section--
(i) notify the employer of the Secretary's
findings with respect to the requirements for
the grant; and
(ii)(I) if the Secretary finds that the
essential work employer meets the requirements
under this section for a grant under subsection
(a), provide a certification to the employer--
(aa) that the employer has met such
requirements;
(bb) of the amount of the grant
payment that the Secretary has
determined the employer shall receive
based on the requirements under this
section; or
(II) if the Secretary finds that the
essential work employer does not meet the
requirements under this section for a grant
under subsection (a), provide a notice of
denial stating the reasons for the denial and
provide an opportunity for administrative
review by not later than 10 days after the
denial.
(B) Transfer.--Not later than 7 days after making a
certification under subparagraph (A)(ii) with respect
to an essential work employer, the Secretary of the
Treasury shall make the appropriate transfer to the
employer of the amount of the grant.
(d) Use of Funds.--
(1) In general.--An essential work employer receiving a
grant under this section shall use the amount of the grant
solely for the following purposes:
(A) Providing premium pay under section 317805(b)
to essential workers in accordance with the
requirements for such payments under such section,
including providing payments described in section
317805(f) to the next of kin of essential workers in
accordance with the requirements for such payments
under such section.
(B) Paying employer payroll taxes with respect to
premium pay amounts described in subparagraph (A),
including such payments described in section 317805(f).
Each dollar of a grant received by an essential work employer
under this part shall be used as provided in subparagraph (A)
or (B) or returned to the Secretary of the Treasury.
(2) No other uses authorized.--An essential work employer
who uses any amount of a grant for a purpose not required under
paragraph (1) shall be--
(A) considered to have misused funds in violation
of section 317805; and
(B) subject to the enforcement and remedies
provided under section 317807.
(3) Refund.--
(A) In general.--If an essential work employer
receives a grant under this section and, for any
reason, does not provide every dollar of such grant to
essential workers in accordance with the requirements
of this part, then the employer shall refund any such
dollars to the Secretary of the Treasury not later than
June 30, 2023. Any amounts returned to the Secretary
shall be deposited into the Fund and be available for
any additional grants under this section.
(B) Requirement for not reducing compensation.--An
essential work employer who is required to refund any
amount under this paragraph shall not reduce or
otherwise diminish an eligible worker's compensation or
benefits in response to or otherwise due to such
refund.
(e) Recordkeeping.--An essential work employer that receives a
grant under this section shall--
(1) maintain records, including payroll records,
demonstrating how each dollar of funds received through the
grant were provided to essential workers; and
(2) provide such records to the Secretary of the Treasury
or the Secretary of Labor upon the request of either such
Secretary.
(f) Recoupment.--In addition to all other enforcement and remedies
available under this part or any other law, the Secretary of the
Treasury shall establish a process under which the Secretary shall
recoup the amount of any grant awarded under subsection (a)(1) if the
Secretary determines that the essential work employer receiving the
grant--
(1) did not provide all of the dollars of such grant to the
essential workers of the employer;
(2) did not, in fact, have the number of essential workers
certified by the employer in accordance with subparagraphs (A)
and (B) of subsection (b)(1);
(3) did not pay the essential workers for the number of
hours the employer claimed to have paid; or
(4) otherwise misused funds or violated this part.
(g) Special Rule for Certain Employees of Tribal Employers.--
Essential workers of Tribal employers who receive funds under title II
shall not be eligible to receive funds from grants under this section.
(h) Tax Treatment.--
(1) Exclusion from income.--For purposes of the Internal
Revenue Code of 1986, any grant received by an essential work
employer under this section shall not be included in the gross
income of such essential work employer.
(2) Denial of double benefit.--
(A) In general.--In the case of an essential work
employer that receives a grant under this section--
(i) amounts paid under subsections (b) or
(f) of section 317805 shall not be taken into
account as wages for purposes of sections 41,
45A, 51, or 1396 of the Internal Revenue Code
of 1986 or section 2301 of the CARES Act
(Public Law 116-136); and
(ii) any deduction otherwise allowable
under such Code for applicable payments during
any taxable year shall be reduced (but not
below zero) by the excess (if any) of--
(I) the aggregate amounts of grants
received under this section; over
(II) the sum of any amount refunded
under subsection (d) plus the aggregate
amount of applicable payments made for
all preceding taxable years.
(B) Applicable payments.--For purposes of this
paragraph, the term ``applicable payments'' means
amounts paid as premium pay under subsections (b) or
(f) of section 317805 and amounts paid for employer
payroll taxes with respect to such amounts.
(C) Aggregation rule.--Rules similar to the rules
of subsections (a) and (b) of section 52 of the
Internal Revenue Code of 1986 shall apply for purposes
of this section.
(3) Information reporting.--The Secretary of the Treasury
shall submit to the Commissioner of Internal Revenue statements
containing--
(A) the name and tax identification number of each
essential work employer receiving a grant under this
section;
(B) the amount of such grant; and
(C) any amounts refunded under subsection (d)(3).
(i) Reports.--
(1) In general.--Not later than 30 days after obligating
the last dollar of the funds appropriated under this part, the
Secretary of the Treasury shall submit a report, to the
Committees of Congress described in paragraph (2), that--
(A) certifies that all funds appropriated under
this part have been obligated; and
(B) indicates the number of pending applications
for grants under this section that will be rejected due
to the lack of funds.
(2) Committees of congress.--The Committees of Congress
described in this paragraph are--
(A) the Committee on Ways and Means of the House of
Representatives;
(B) the Committee on Education and Labor of the
House of Representatives;
(C) the Committee on Finance of the Senate; and
(D) the Committee on Health, Education, Labor, and
Pensions of the Senate.
SEC. 317807. ENFORCEMENT AND OUTREACH.
(a) Duties of Secretary of Labor.--The Secretary of Labor shall--
(1) have authority to enforce the requirements of section
317805, in accordance with subsections (b) through (e);
(2) conduct outreach as described in subsection (f); and
(3) coordinate with the Secretary of the Treasury as needed
to carry out the Secretary of Labor's responsibilities under
this section.
(b) Prohibited Acts, Penalties, and Enforcement.--
(1) Prohibited acts.--It shall be unlawful for a person
to--
(A) violate any provision of section 317805
applicable to such person; or
(B) discharge or in any other manner discriminate
against any essential worker because such essential
worker has filed any complaint or instituted or caused
to be instituted any proceeding under or related to
this part, or has testified or is about to testify in
any such proceeding.
(2) Enforcement and penalties.--
(A) Premium pay violations.--A violation described
in paragraph (1)(A) shall be deemed a violation of
section 7 of the Fair Labor Standards Act of 1938 (29
U.S.C. 207) and unpaid amounts required under this
section shall be treated as unpaid overtime
compensation under such section 7 for the purposes of
sections 15 and 16 of such Act (29 U.S.C. 215 and 216).
(B) Discharge or discrimination.--A violation of
paragraph (1)(B) shall be deemed a violation of section
15(a)(3) of the Fair Labor Standards Act of 1938 (29
U.S.C. 215(a)(3)).
(c) Investigation.--
(1) In general.--To ensure compliance with the provisions
of section 317805, including any regulation or order issued
under that section, the Secretary of Labor shall have the
investigative authority provided under section 11(a) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)). For the
purposes of any investigation provided for in this subsection,
the Secretary of Labor shall have the subpoena authority
provided for under section 9 of such Act (29 U.S.C. 209).
(2) State agencies.--The Secretary of Labor may, for the
purpose of carrying out the functions and duties under this
section, utilize the services of State and local agencies in
accordance with section 11(b) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 211(b)).
(d) Essential Worker Enforcement.--
(1) Right of action.--An action alleging a violation of
paragraph (1) or (2) of subsection (b) may be maintained
against an essential work employer receiving a grant under
section 317806 in any Federal or State court of competent
jurisdiction by one or more essential workers or their
representative for and on behalf of the essential workers, or
the essential workers and others similarly situated, in the
same manner, and subject to the same remedies (including
attorney's fees and costs of the action), as an action brought
by an employee alleging a violation of section 7 or 15(a)(3),
respectively, of the Fair Labor Standards Act of 1938 (29
U.S.C. 207, 215(a)(3)).
(2) No waiver.--In an action alleging a violation of
paragraph (1) or (2) of subsection (b) brought by one or more
essential workers or their representative for and on behalf of
the persons as described in paragraph (1), to enforce the
rights in section 317805, no court of competent jurisdiction
may grant the motion of an essential work employer receiving a
grant under section 317806 to compel arbitration, under chapter
1 of title 9, United States Code, or any analogous State
arbitration statute, of the claims involved. An essential
worker's right to bring an action described in paragraph (1) or
subsection (b)(2)(A) on behalf of similarly situated essential
workers to enforce such rights may not be subject to any
private agreement that purports to require the essential
workers to pursue claims on an individual basis.
(e) Recordkeeping.--An essential work employer receiving a grant
under section 317806 shall make, keep, and preserve records pertaining
to compliance with section 317805 in accordance with section 11(c) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) and in
accordance with regulations prescribed by the Secretary of Labor.
(f) Outreach and Education.--Out of amounts appropriated to the
Secretary of the Treasury under section 317805 for a fiscal year, the
Secretary of the Treasury shall transfer to the Secretary of Labor,
$3,000,000, of which the Secretary of Labor shall use--
(1) $2,500,000 for outreach to essential work employers and
essential workers regarding the premium pay under section
317805; and
(2) $500,000 to implement an advertising campaign
encouraging large essential work employers to provide the same
premium pay provided for by section 317805 using the large
essential work employers' own funds and without utilizing
grants under this part.
(g) Clarification of Enforcing Official.--Nothing in the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) or section
3(e)(2)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)(C)) shall be construed to prevent the Secretary of Labor from
carrying out the authority of the Secretary under this section in the
case of State employees described in section 304(a) of the Government
Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)).
PART 9--HEALTH IT AND BRIDGING THE DIGITAL DIVIDE IN HEALTH CARE
SEC. 317901. HRSA ASSISTANCE TO HEALTH CENTERS FOR PROMOTION OF HEALTH
IT.
The Secretary of Health and Human Services, acting through the
Administrator of the Health Resources and Services Administration,
shall expand and intensify the programs and activities of the
Administration (directly or through grants or contracts) to provide
technical assistance and resources to health centers (as defined in
section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a))) to
adopt and meaningfully use certified EHR technology for the management
of chronic diseases and health conditions and reduction of health
disparities.
SEC. 317902. ASSESSMENT OF IMPACT OF HEALTH IT ON RACIAL AND ETHNIC
MINORITY COMMUNITIES; OUTREACH AND ADOPTION OF HEALTH IT
IN SUCH COMMUNITIES.
(a) National Coordinator for Health Information Technology.--Not
later than 18 months after the date of enactment of this Act, the
National Coordinator for Health Information Technology (referred to in
this section as the ``National Coordinator'') shall--
(1) conduct an evaluation of the level of interoperability,
access, use, and accessibility of electronic health records in
racial and ethnic minority communities, focusing on whether
patients in such communities have providers who use electronic
health records, and the degree to which patients in such
communities can access, exchange, and use without special
effort their health information in those electronic health
records, and indicating whether such providers--
(A) are participating in the Medicare program under
title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.) or a State plan under title XIX of such Act
(42 U.S.C. 1396 et seq.) (or a waiver of such plan);
(B) have received incentive payments or incentive
payment adjustments under Medicare and Medicaid
Electronic Health Records Incentive Programs (as
defined in subsection (c)(2));
(C) are MIPS eligible professionals, as defined in
paragraph (1)(C) of section 1848(q) of the Social
Security Act (42 U.S.C. 1395w-4(q)), for purposes of
the Merit-Based Incentive Payment System under such
section; or
(D) have been recruited by any of the Health
Information Technology Regional Extension Centers
established under section 3012 of the Public Health
Service Act (42 U.S.C. 300jj-32);
(2) publish the results of such evaluation including the
race and ethnicity of such providers and the populations served
by such providers; and
(3) not later than 12 months after the enactment of this
Act, shall promulgate a certification criterion and module of
certified EHR technology that stratifies quality measures by
disparity characteristics, including race, ethnicity, language,
gender, gender identity, sexual orientation, socio-economic
status, and disability status, as those characteristics are
defined in certified EHR technology; and reports to Centers for
Medicare & Medicaid Services the quality measures stratified by
race and at least two other disparity characteristics.
The term ``quality measures'' refers to the quality measures specified
in MIPS.
(b) National Center for Health Statistics.--As soon as practicable
after the date of enactment of this Act, the Director of the National
Center for Health Statistics shall provide to Congress a more detailed
analysis of the data presented in National Center for Health Statistics
data brief entitled ``Adoption of Certified Electronic Health Record
Systems and Electronic Information Sharing in Physician Offices: United
States, 2013 and 2014'' (NCHS Data Brief No. 236).
(c) Centers for Medicare & Medicaid Services.--
(1) In general.--As part of the process of collecting
information, with respect to a provider, at registration and
attestation for purposes of Medicare and Medicaid Electronic
Health Records Incentive Programs (as defined in paragraph (2))
or the Merit-Based Incentive Payment System under section
1848(q) of the Social Security Act (42 U.S.C. 1395w-4(q)), the
Secretary of Health and Human Services shall collect the race
and ethnicity of such provider.
(2) Medicare and medicaid electronic health records
incentive programs defined.--For purposes of paragraph (1), the
term ``Medicare and Medicaid Electronic Health Records
Incentive Programs'' means the incentive programs under section
1814(l)(3), subsections (a)(7) and (o) of section 1848,
subsections (l) and (m) of section 1853, subsections
(b)(3)(B)(ix)(I) and (n) of section 1886, and subsections
(a)(3)(F) and (t) of section 1903 of the Social Security Act
(42 U.S.C. 1395f(l)(3), 1395w-4, 1395w-23, 1395ww, and 1396b).
(d) National Coordinator's Assessment of Impact of HIT.--Section
3001(c)(6)(C) of the Public Health Service Act (42 U.S.C. 300jj-
11(c)(6)(C)) is amended--
(1) in the heading by inserting ``, racial and ethnic
minority communities,'' after ``health disparities'';
(2) by inserting ``, in communities with a high proportion
of individuals from racial and ethnic minority groups (as
defined in section 1707(g)), including people with disabilities
in these groups,'' after ``communities with health
disparities'';
(3) by striking ``The National Coordinator'' and inserting
the following:
``(i) In general.--The National
Coordinator''; and
(4) by adding at the end the following:
``(ii) Criteria.--In any publication under
clause (i), the National Coordinator shall
include best practices for encouraging
partnerships between the Federal Government,
States, and private entities to expand outreach
for and the adoption of certified EHR
technology in communities with a high
proportion of individuals from racial and
ethnic minority groups (as so defined), while
also maintaining the accessibility requirements
of section 508 of the Rehabilitation Act of
1973 to encourage patient involvement in
patient health care. The National Coordinator
shall--
``(I) not later than 6 months after
the submission of the report required
under section 822 of the Ending Health
Disparities During COVID-19 Act of
2021, establish criteria for evaluating
the impact of health information
technology on communities with a high
proportion of individuals from racial
and ethnic minority groups (as so
defined) taking into account the
findings in such report; and
``(II) not later than 1 year after
the submission of such report, conduct
and publish the results of an
evaluation of such impact.''.
SEC. 317903. EXTENDING FUNDING TO STRENGTHEN THE HEALTH IT
INFRASTRUCTURE IN RACIAL AND ETHNIC MINORITY COMMUNITIES.
Section 3011 of the Public Health Service Act (42 U.S.C. 300jj-31)
is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, including with respect to communities
with a high proportion of individuals from racial and ethnic
minority groups (as defined in section 1707(g))'' before the
colon; and
(2) by adding at the end the following new subsection:
``(e) Annual Report on Expenditures.--The National Coordinator
shall report annually to Congress on activities and expenditures under
this section.''.
SEC. 317904. EXTENDING COMPETITIVE GRANTS FOR THE DEVELOPMENT OF LOAN
PROGRAMS TO FACILITATE ADOPTION OF CERTIFIED EHR
TECHNOLOGY BY PROVIDERS SERVING RACIAL AND ETHNIC
MINORITY GROUPS.
Section 3014(e) of the Public Health Service Act (42 U.S.C. 300jj-
34(e)) is amended, in the matter preceding paragraph (1), by inserting
``, including with respect to communities with a high proportion of
individuals from racial and ethnic minority groups (as defined in
section 1707(g))'' after ``health care provider to''.
SEC. 317905. AUTHORIZATION OF APPROPRIATIONS.
Section 3018 of the Public Health Service Act (42 U.S.C. 300jj-38)
is amended by striking ``fiscal years 2009 through 2013'' and inserting
``fiscal years 2023 through 2028''.
SEC. 317906. DATA COLLECTION AND ASSESSMENTS CONDUCTED IN COORDINATION
WITH MINORITY-SERVING INSTITUTIONS.
Section 3001(c)(6) of the Public Health Service Act (42 U.S.C.
300jj-11(c)(6)) is amended by adding at the end the following new
subparagraph:
``(F) Data collection and assessments conducted in
coordination with minority-serving institutions.--
``(i) In general.--In carrying out
subparagraph (C) with respect to communities
with a high proportion of individuals from
racial and ethnic minority groups (as defined
in section 1707(g)), the National Coordinator
shall, to the greatest extent possible,
coordinate with an entity described in clause
(ii).
``(ii) Minority-serving institutions.--For
purposes of clause (i), an entity described in
this clause is a historically black college or
university, a Hispanic-serving institution, a
tribal college or university, or an Asian-
American-, Native American-, or Pacific
Islander-serving institution with an accredited
public health, health policy, or health
services research program.''.
SEC. 317907. STUDY OF HEALTH INFORMATION TECHNOLOGY IN MEDICALLY
UNDERSERVED COMMUNITIES.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary of Health and Human Services shall--
(1) enter into an agreement with the National Academies of
Sciences, Engineering, and Medicine to conduct a study on the
development, implementation, and effectiveness of health
information technology within medically underserved areas (as
described in subsection (c)); and
(2) submit a report to Congress describing the results of
such study, including any recommendations for legislative or
administrative action.
(b) Study.--The study described in subsection (a)(1) shall--
(1) identify barriers to successful implementation of
health information technology in medically underserved areas;
(2) survey a cross-section of individuals in medically
underserved areas and report their opinions about the various
topics of study;
(3) examine the degree of interoperability among health
information technology and users of health information
technology in medically underserved areas, including patients,
providers, and community services;
(4) examine the impact of health information technology on
providing quality care and reducing the cost of care to
individuals in such areas, including the impact of such
technology on improved health outcomes for individuals,
including which technology worked for which population and how
it improved health outcomes for that population;
(5) examine the impact of health information technology on
improving health care-related decisions by both patients and
providers in such areas;
(6) identify specific best practices for using health
information technology to foster the consistent provision of
physical accessibility and reasonable policy accommodations in
health care to individuals with disabilities in such areas;
(7) assess the feasibility and costs associated with the
use of health information technology in such areas;
(8) evaluate whether the adoption and use of qualified
electronic health records (as defined in section 3000 of the
Public Health Service Act (42 U.S.C. 300jj)) is effective in
reducing health disparities, including analysis of clinical
quality measures reported by providers who are participating in
the Medicare program under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) or a State plan under title XIX of
such Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan),
pursuant to programs to encourage the adoption and use of
certified EHR technology;
(9) identify providers in medically underserved areas that
are not electing to adopt and use electronic health records and
determine what barriers are preventing those providers from
adopting and using such records; and
(10) examine urban and rural community health systems and
determine the impact that health information technology may
have on the capacity of primary health providers in those
systems.
(c) Medically Underserved Area.--The term ``medically underserved
area'' means--
(1) a population that has been designated as a medically
underserved population under section 330(b)(3) of the Public
Health Service Act (42 U.S.C. 254b(b)(3));
(2) an area that has been designated as a health
professional shortage area under section 332 of the Public
Health Service Act (42 U.S.C. 254e);
(3) an area or population that has been designated as a
medically underserved community under section 799B of the
Public Health Service Act (42 U.S.C. 295p); or
(4) another area or population that--
(A) experiences significant barriers to accessing
quality health services; and
(B) has a high prevalence of diseases or conditions
described in title VII, with such diseases or
conditions having a disproportionate impact on racial
and ethnic minority groups (as defined in section
1707(g) of the Public Health Service Act (42 U.S.C.
300u-6(g))) or a subgroup of people with disabilities
who have specific functional impairments.
SEC. 317908. STUDY ON THE EFFECTS OF CHANGES TO TELEHEALTH UNDER THE
MEDICARE AND MEDICAID PROGRAMS DURING THE COVID-19
EMERGENCY.
(a) In General.--Not later than 1 year after the end of the
emergency period described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Secretary of Health and
Human Services (in this section referred to as the ``Secretary'') shall
conduct a study and submit to the Committee on Energy and Commerce and
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate an interim report on any changes
made to the provision or availability of telehealth services under part
A or B of title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.) during such period. Such report shall include the following:
(1) A summary of utilization of all health care services
furnished under such part A or B during such period, including
the number of--
(A) in-person outpatient visits, inpatient
admissions, and in-person emergency department visits;
and
(B) telehealth visits, broken down by--
(i) the number of such visits furnished via
audio-visual technology compared to the number
of such visits furnished via audio-only
technology;
(ii) the number of such visits furnished by
each type of provider of services or supplier
(as defined in section 1861 of such Act (42
U.S.C. 1395x) and including a Federally
qualified health center or rural health clinic
(as so defined)), including a specification of
the specialty of each such provider or supplier
(if applicable); and
(iii) the type of service provided,
including level of service and diagnoses
associated with the telehealth visit.
(2) A description of any changes in utilization patterns
for the care settings described in paragraph (1) over the
course of such period compared to such patterns prior to such
period.
(3) An analysis of utilization of telehealth services under
such part A or B during such period, broken down by age, sex
(including sexual orientation and gender identity where
possible), race and ethnicity, disability status, primary
language, geographic region (including by rural health areas
(as defined by the Health Resources & Services Administration),
non-rural health areas, health professional shortage areas (as
defined in section 332(a)(1) of the Public Health Service Act
(42 U.S.C. 254e(a)(1))), medically underserved communities (as
defined in section 799B(6) of such Act (42 U.S.C. 295p(6))),
areas with medically underserved populations (as defined in
section 330(b)(3) of such Act (42 U.S.C. 254b(b)(3))), and by
State), and income level (as measured directly or indirectly,
such as by patient's zip code tabulation area median income as
publicly reported by the United States Census Bureau), and of
any trends in such utilization during such period, so broken
down. Such analysis shall include the number of telehealth
visits performed by providers of services or suppliers licensed
in a State different from the State where the individual
receiving such telehealth services is located at the time such
services are furnished. Such analysis may not include any
individually identifiable information or protected health
information.
(4) A description of expenditures and any savings under
such part A or B attributable to use of such telehealth
services during such period.
(5) A description of any instances of fraud identified by
the Secretary, acting through the Office of the Inspector
General or other relevant agencies and departments, with
respect to such telehealth services furnished under such part A
or B during such period and a comparison of the number of such
instances with the number of instances of fraud so identified
with respect to in-person services so furnished during such
period.
(6) A description of any privacy concerns with respect to
the furnishing of such telehealth services (such as
cybersecurity or ransomware concerns), including a description
of any actions taken by the Secretary, acting through the
Health Sector Cybersecurity Coordination Center or other
relevant agencies and departments, during such period to assist
health care providers secure telecommunications systems.
(7) An analysis of health care quality related to
telehealth (which may include patient health outcomes (such as
morbidity, mortality, healthcare utilization, and disease-
specific management metrics), safety metrics, quality measures,
health equity focused measures, patient satisfaction, provider
satisfaction, and other inputs and sources as determined by the
Secretary).
(8) An analysis of any other outcomes or metrics related to
telehealth, as determined appropriate by the Secretary.
(b) Input.--In conducting the study and submitting the report under
subsection (a), the Secretary--
(1)(A) consult with relevant stakeholders (such as
patients, caregivers, patient advocacy groups, minority or
tribal groups (including Urban Indian Organization (UIOs)),
health care professionals (including behavioral health
professionals), hospitals, State medical boards, State nursing
boards, the Federation of State Medical Boards, National
Council of State Boards of Nursing, medical professional
employers (such as hospitals, medical groups, staffing
companies), telehealth groups, health professional liability
providers, public and private payers, and State leaders); and
(B) solicit public comments on such report before the
submission of such report; and
(2) shall endeavor to include as many racially, ethnically,
geographically, linguistically, and professionally diverse
perspectives as possible.
(c) Final Report.--Not later than December 31, 2026, the Secretary
shall--
(1) update and finalize the interim report under subsection
(a); and
(2) submit such updated and finalized report to the
committees specified in such subsection.
(d) Grants for Medicaid Reports.--
(1) In general.--Not later than 2 years after the end of
the emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C.1320b-5(g)(1)(B)), the Secretary
shall award grants to States with a State plan (or waiver of
such plan) in effect under title XIX of the Social Security Act
(42 U.S.C. 1396r) that submit an application under this
subsection for purposes of enabling such States to study and
submit reports to the Secretary on any changes made to the
provision or availability of telehealth services under such
plans (or such waivers) during such period.
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a State shall--
(A) provide benefits for telehealth services under
the State plan (or waiver of such plan) in effect under
title XIX of the Social Security Act (42 U.S.C. 1396r);
(B) be able to differentiate telehealth from in-
person visits within claims data submitted under such
plan (or such waiver) during such period; and
(C) submit to the Secretary an application at such
time, in such manner, and containing such information
(including the amount of the grant requested) as the
Secretary may require.
(3) Use of funds.--An State shall use amounts received
under a grant under this subsection to conduct a study and
report findings regarding the effects of changes to telehealth
services offered under the State plan (or waiver of such plan)
of such State under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) during such period in accordance with
paragraph (4).
(4) Reports.--
(A) Interim report.--Not later 1 year after the
date a State receives a grant under this subsection,
the State shall submit to the Secretary an interim
report that--
(i) details any changes made to the
provision or availability of telehealth
benefits (such as eligibility, coverage, or
payment changes) under the State plan (or
waiver of such plan) of the State under title
XIX of the Social Security Act (42 U.S.C. 1396
et seq.) during the emergency period described
in paragraph (1); and
(ii) contains--
(I) a summary and description of
the type described in paragraphs (1)
and (2), respectively, of subsection
(a); and
(II) to the extent practicable, an
analysis of the type described in
paragraph (3) of subsection (a);
except that any reference in such subsection to
``such part A or B'' shall, for purposes of
subclauses (I) and (II), be treated as a
reference to such State plan (or waiver).
(B) Final report.--Not later than 3 years after the
date a State receives a grant under this subsection,
the State shall update and finalize the interim report
and submit such final report to the Secretary.
(C) Report by secretary.--Not later than the
earlier of the date that is 1 year after the submission
of all final reports under subparagraph (B) and
December 31, 2028, the Secretary shall submit to
Congress a report on the grant program, including a
summary of the reports received from States under this
paragraph.
(5) Modification authority.--The Secretary may modify any
deadline described in paragraph (4) or any information required
to be included in a report made under this subsection to
provide flexibility for States to modify the scope of the study
and timeline for such reports.
(6) Technical assistance.--The Secretary shall provide such
technical assistance as may be necessary to a State receiving a
grant under this subsection in order to assist such state in
conducting studies and submitting reports under this
subsection.
(7) State.--For purposes of this subsection, the term
``State'' means each of the several States, the District of
Columbia, and each territory of the United States.
(e) Authorization of Appropriations.--
(1) Medicare.--For the purpose of carrying out subsections
(a) through (c), there are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2022
through 2026.
(2) Medicaid.--For the purpose of carrying out subsection
(d), there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 2024 through 2030.
SEC. 317909. COVID-19 DESIGNATION OF IMMEDIATE SPECIAL AUTHORITY OF
SPECTRUM FOR TRIBES' EMERGENCY RESPONSE IN INDIAN
COUNTRY.
(a) Findings.--Congress finds the following:
(1) The immediate grant of emergency special temporary
authority of available spectrum that will efficiently support
temporary wireless broadband networks and allow Indian Tribes
to provide Tribal members with wireless broadband service over
Tribal lands or Hawaiian Home Lands during the COVID-19 crisis
due to the increased demand for telecommunications and
disproportionate impacts of the COVID-19 pandemic in Indian
Country is essential.
(2) Reservations are the most digitally disconnected areas
in the United States that lack basic access to broadband and
wireless services at rates comparable to, and in some cases
lower than, third-world countries.
(3) In 2018, the Government Accountability Office and the
Federal Communications Commission reported that only 65 percent
of American Indian and Alaska Natives (AI/ANs) living on Tribal
lands had access to fixed broadband services, and only 68
percent of AI/AN households on rural Tribal lands had telephone
services. This is a stark comparison to only 8 percent of the
national average that lacks access to fixed broadband services.
(4) Indian Tribes have previously encountered substantial
barriers to accessing broadband and other communications
services on Tribal lands to deploy telecommunication services
for the safety and well-being of Tribal members and to decrease
the alarming rates of unnecessary loss of lives that AI/ANs
disproportionately experience, especially through the lack of
access to health care services and emergency resources, as
demonstrated during the COVID-19 pandemic that continues to
disproportionately impact Indian Country.
(5) Indian Tribes' lack of access to broadband services on
Tribal lands and Hawaiian Home Lands during the COVID-19
pandemic further highlights the digital divide in Indian
Country.
(6) The Government Accountability Office found that health
information technology systems at the Indian Health Service
rank as the Federal Government's third-highest need for agency
system modernization, since 50 percent of Indian Health Service
facilities depend on outdated circuit connections based on one
or two TI circuit lines (3 Mbps), creating slower response
times than any other health facility system in the United
States.
(7) A 2018 Tribal health reform comment filed with the
Federal Communications Commission has further stated that
approximately 1.5 million people living on Tribal lands lack
access to broadband and, of the 75 percent of rural Indian
Health Service facilities, many still lack reliable broadband
networks for American Indians and Alaska Natives (AI/ANs) to
access telehealth or clinical health care services, which is a
critical need in the most geographically isolated areas of the
country with some of the highest poverty rates, and lack of
access to reliable transportation.
(8) The Bureau of Indian Education has stated that recent
estimates from 142 out of 174 schools have indicated that
approximately 15 to 95 percent of students do not have access
to internet services at home depending on Bureau school
location and limitations on data caps during the COVID-19
crisis.
(b) Deployment of Wireless Broadband Service on Tribal Lands and
Hawaiian Home Lands.--
(1) Funding of grants for immediate deployment of wireless
broadband service on tribal lands and hawaiian home lands.--In
addition to any other amounts made available, out of any money
in the Treasury of the United States not otherwise
appropriated, there are appropriated--
(A) $297,500,000 for grants under the community
facilities grant program under section 306(a)(19) of
the Consolidated Farm and Rural Development Act to
Indian Tribes, qualifying Tribal entities, and the
Director of the Department of Hawaiian Home Lands, for
the immediate deployment of wireless broadband service
on Tribal lands and Hawaiian Home Lands, respectively,
through the use of emergency special temporary
authority granted under paragraph (2) of this
subsection, including backhaul costs, repairs to
damaged infrastructure, the cost of the repairs to
which would be less expensive than the cost of new
infrastructure and would support the emergency special
temporary use, and the Federal share applicable to
grants from such amount shall be 100 percent, which
amount shall remain available for one year from the
enactment of this Act; and
(B) $3,000,000 for grants under the community
facilities technical assistance and training grant
program under section 306(a)(26) of such Act, without
regard to sections 306(a)(26)(B) and 306(a)(26)(C) of
such Act, to assist Indian Tribes, qualifying Tribal
entities, and the Director of the Department of
Hawaiian Home Lands in preparing applications for the
grants referred to in subparagraph (B) of this
paragraph, which amount shall remain available for one
year from the enactment of this Act.
Grants referred to under subparagraph (B) shall be available to
Indian Tribes, qualifying Tribal entities and shall also be
available to inter-Tribal government organizations,
universities, and colleges with Tribal serving institutions for
the purposes stated herein.
(2) Emergency special temporary authority to use available
and efficient spectrum on tribal lands and hawaiian home
lands.--
(A) Grant of authority.--Not later than 10 days
after receiving a request from an Indian Tribe, a
qualifying Tribal entity, or the Director of the
Department of Hawaiian Home Lands for emergency special
temporary authority to use electromagnetic spectrum
described in subparagraph (C) for the provision of
wireless broadband service over the Tribal lands over
which the Indian Tribe or qualifying Tribal entity has
jurisdiction or (in the case of a request from the
Director of the Department of Hawaiian Home Lands) over
the Hawaiian Home Lands, allowing unlicensed radio
transmitters to operate for such provision on such
spectrum at locations on such Tribal lands or Hawaiian
Home Lands where such spectrum is not being used, the
Commission shall grant such request on a secondary non-
interference basis.
(B) Duration.--A grant of emergency special
temporary authority under subparagraph (A) shall be for
a period of operation to begin not later than 6 months
after the date of the enactment of this Act and to
remain in operation for not longer than 6 months,
absent extensions granted by the Commission pursuant to
the procedures of the Commission relating to special
temporary authority.
(C) Electromagnetic spectrum described.--The
electromagnetic spectrum described in this subparagraph
for utilization on the temporary basis is any portion
of the electromagnetic spectrum--
(i) that is--
(I) between the frequencies of 2496
megahertz and 2690 megahertz,
inclusive;
(II) in the white spaces of the
television broadcast spectrum between
the frequencies of 470 megahertz and
790 megahertz, inclusive, excluding
those frequencies utilized for other
purposes under subpart H of part 15 of
title 47, Code of Federal Regulations;
(III) between the frequencies of
5925 megahertz and 7125 megahertz,
inclusive; or
(IV) between frequencies of 3550
megahertz and 3700 megahertz,
inclusive; and
(ii) with respect to the Tribal lands or
Hawaiian Home Lands over which authority to use
such spectrum is requested under subparagraph
(A), is not assigned to any licensee.
(3) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(B) Hawaiian home lands.--The term ``Hawaiian Home
Lands'' means lands held in trust for Native Hawaiians
by Hawaii pursuant to the Hawaiian Homes Commission
Act, 1920.
(C) Indian tribe.--The term ``Indian Tribe'' means
the governing body of any individually identified and
federally recognized Indian or Alaska Native Tribe,
band, nation, pueblo, village, community, affiliated
tribal group, or component reservation in the list
published pursuant to section 104(a) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131(a)).
(D) Qualifying tribal entity.--The term
``qualifying Tribal entity'' means an entity designated
by the Indian Tribe with jurisdiction over particular
Tribal lands for which the spectrum access is sought.
The following may be designated as a qualifying Tribal
entity:
(i) Indian Tribes.
(ii) Tribal consortia which consists of two
or more Indian Tribes, or an Indian Tribe and
an entity that is more than 50 percent owned
and controlled by one or more Indian Tribes.
(iii) Federally chartered Tribal
corporations created under section 17 of the
Indian Reorganization Act (25 U.S.C. 5124), and
created under section 4 of the Oklahoma Indian
Welfare Act (25 U.S.C. 5204).
(iv) Entities that are more than 50 percent
owned and controlled by an Indian Tribe or
Indian Tribes.
(E) Entity that is more than 50 percent owned and
controlled by one or more indian tribes.--The term
``entity that is more than 50 percent owned and
controlled by one or more Indian Tribes'' means an
entity over which one or more Indian Tribes have both
de facto and de jure control of the entity. De jure
control of the entity is evidenced by ownership of
greater than 50 percent of the voting stock of a
corporation, or in the case of a partnership, general
partnership interests. De facto control of an entity is
determined on a case-by-case basis. An Indian Tribe or
Indian Tribes must demonstrate indicia of control to
establish that such Indian Tribe or Indian Tribes
retain de facto control of the applicant seeking
eligibility as a ``qualifying Tribal entity'',
including the following:
(i) The Indian Tribe or Indian Tribes
constitute or appoint more than 50 percent of
the board of directors or management committee
of the entity.
(ii) The Indian Tribe or Indian Tribes have
authority to appoint, promote, demote, and fire
senior executives who control the day-to-day
activities of the entity.
(iii) The Indian Tribe or Indian Tribes
play an integral role in the management
decisions of the entity.
(iv) The Indian Tribe or Indian Tribes have
the authority to make decisions or otherwise
engage in practices or activities that
determine or significantly influence--
(I) the nature or types of services
offered by such an entity;
(II) the terms upon which such
services are offered; or
(III) the prices charged for such
services.
(F) Tribal lands.--The term ``Tribal lands'' has
the meaning given that term in section 73.7000 of title
47, Code of Federal Regulations, as of April 16, 2020,
and includes the definition ``Indian Country'' as
defined in section 1151 of title 18, United States
Code, and includes fee simple and restricted fee land
held by an Indian Tribe.
(G) Wireless broadband service.--The term
``wireless broadband service'' means wireless broadband
internet access service that is delivered--
(i) with a download speed of not less than
25 megabits per second and an upload speed of
not less than 3 megabits per second; and
(ii) through--
(I) mobile service;
(II) fixed point-to-point
multipoint service;
(III) fixed point-to-point service;
or
(IV) broadcast service.
SEC. 317910. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS
STATE LINES.
(a) In General.--For purposes of expediting the provision of
telehealth services, for which payment is made under the Medicare
Program, across State lines, the Secretary of Health and Human Services
shall, in consultation with representatives of States, physicians,
health care practitioners, and patient advocates, encourage and
facilitate the adoption of provisions allowing for multistate
practitioner practice across State lines.
(b) Definitions.--In subsection (a):
(1) Telehealth service.--The term ``telehealth service''
has the meaning given that term in subparagraph (F) of section
1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)).
(2) Physician, practitioner.--The terms ``physician'' and
``practitioner'' have the meaning given those terms in
subparagraphs (D) and (E), respectively, of such section.
(3) Medicare program.--The term ``Medicare Program'' means
the program of health insurance administered by the Secretary
of Health and Human Services under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
PART 10--PUBLIC AWARENESS
SEC. 3171001. AWARENESS CAMPAIGNS.
The Secretary of Health and Human Services, acting through the
Director of the Centers for Disease Control and Prevention and in
coordination with other offices and agencies, as appropriate, shall
award competitive grants or contracts to one or more public or private
entities, including faith-based organizations, to carry out
multilingual and culturally appropriate awareness campaigns. Such
campaigns shall--
(1) be based on available scientific evidence;
(2) increase awareness and knowledge of COVID-19, including
countering stigma associated with COVID-19;
(3) improve information on the availability of COVID-19
diagnostic testing; and
(4) promote cooperation with contact tracing efforts.
SEC. 3171002. INCREASING UNDERSTANDING OF AND IMPROVING HEALTH
LITERACY.
(a) In General.--The Secretary, acting through the Director of the
Agency for Healthcare Research and Quality with respect to grants under
subsection (c)(1) and through the Administrator of the Health Resources
and Services Administration with respect to grants under subsection
(c)(2), in consultation with the Director of the National Institute on
Minority Health and Health Disparities and the Deputy Assistant
Secretary for Minority Health, shall award grants to eligible entities
to improve health care for patient populations that have low functional
health literacy.
(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a hospital, health center or clinic, health plan, or
other health entity (including a nonprofit minority health
organization or association); and
(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(c) Use of Funds.--
(1) Agency for healthcare research and quality.--A grant
awarded under subsection (a) through the Director of the Agency
for Healthcare Research and Quality shall be used--
(A) to define and increase the understanding of
health literacy;
(B) to investigate the correlation between low
health literacy and health and health care;
(C) to clarify which aspects of health literacy
have an effect on health outcomes; and
(D) for any other activity determined appropriate
by the Director.
(2) Health resources and services administration.--A grant
awarded under subsection (a) through the Administrator of the
Health Resources and Services Administration shall be used to
conduct demonstration projects for interventions for patients
with low health literacy that may include--
(A) the development of new disease management
programs for patients with low health literacy;
(B) the tailoring of disease management programs
addressing mental, physical, oral, and behavioral
health conditions for patients with low health
literacy;
(C) the translation of written health materials for
patients with low health literacy;
(D) the identification, implementation, and testing
of low health literacy screening tools;
(E) the conduct of educational campaigns for
patients and providers about low health literacy;
(F) the conduct of educational campaigns concerning
health directed specifically at patients with mental
disabilities, including those with cognitive and
intellectual disabilities, designed to reduce the
incidence of low health literacy among these
populations, which shall have instructional materials
in the plain language standards promulgated under the
Plain Writing Act of 2010 (5 U.S.C. 301 note) for
Federal agencies; and
(G) other activities determined appropriate by the
Administrator.
(d) Definitions.--In this section, the term ``low health literacy''
means the inability of an individual to obtain, process, and understand
basic health information and services needed to make appropriate health
decisions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2023 through 2027.
SEC. 3171003. ENGLISH FOR SPEAKERS OF OTHER LANGUAGES.
(a) Grants Authorized.--The Secretary of Education is authorized to
provide grants to eligible entities for the provision of English as a
second language (in this section referred to ``ESL'') instruction and
shall determine, after consultation with appropriate stakeholders, the
mechanism for administering and distributing such grants.
(b) Eligible Entity Defined.--In this section, the term ``eligible
entity'' means a State or community-based organization that employs and
serves minority populations.
(c) Application.--An eligible entity may apply for a grant under
this section by submitting such information as the Secretary of
Education may require and in such form and manner as the Secretary may
require.
(d) Use of Grant.--As a condition of receiving a grant under this
section, an eligible entity shall--
(1) develop and implement a plan for assuring the
availability of ESL instruction that effectively integrates
information about the nature of the United States health care
system, how to access care, and any special language skills
that may be required for individuals to access and regularly
negotiate the system effectively;
(2) develop a plan, including, where appropriate, public-
private partnerships, for making ESL instruction progressively
available to all individuals seeking instruction; and
(3) maintain current ESL instruction efforts by using funds
available under this section to supplement rather than supplant
any funds expended for ESL instruction in the State as of
January 1, 2022.
(e) Additional Duties of the Secretary.--The Secretary of Education
shall--
(1) collect and publicize annual data on how much Federal,
State, and local governments spend on ESL instruction;
(2) collect data from State and local governments to
identify the unmet needs of English language learners for
appropriate ESL instruction, including--
(A) the preferred written and spoken language of
such English language learners;
(B) the extent of waiting lists for ESL
instruction, including how many programs maintain
waiting lists and, for programs that do not have
waiting lists, the reasons why not;
(C) the availability of programs to geographically
isolated communities;
(D) the impact of course enrollment policies,
including open enrollment, on the availability of ESL
instruction;
(E) the number individuals in the State and each
participating locality;
(F) the effectiveness of the instruction in meeting
the needs of individuals receiving instruction and
those needing instruction;
(G) as assessment of the need for programs that
integrate job training and ESL instruction, to assist
individuals to obtain better jobs; and
(H) the availability of ESL slots by State and
locality;
(3) determine the cost and most appropriate methods of
making ESL instruction available to all English language
learners seeking instruction; and
(4) not later than 1 year after the date of enactment of
this Act, issue a report to Congress that assesses the
information collected in paragraphs (1), (2), and (3) and makes
recommendations on steps that should be taken to progressively
realize the goal of making ESL instruction available to all
English language learners seeking instruction.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Education $250,000,000 for each of
fiscal years 2023 through 2026 to carry out this section.
SEC. 3171004. INFLUENZA, COVID-19, AND PNEUMONIA VACCINATION CAMPAIGN.
(a) In General.--The Secretary of Health and Human Services shall--
(1) enhance the annual campaign by the Department of Health
and Human Services to increase the number of people vaccinated
each year for influenza, pneumonia, and COVID-19; and
(2) include in such campaign the use of written educational
materials, public service announcements, physician education,
and any other means which the Secretary deems effective.
(b) Materials and Announcements.--In carrying out the annual
campaign described in subsection (a), the Secretary of Health and Human
Services shall ensure that--
(1) educational materials and public service announcements
are readily and widely available in communities experiencing
disparities in the incidence and mortality rates of influenza,
pneumonia, and COVID-19; and
(2) the campaign uses targeted, culturally appropriate
messages and messengers to reach underserved communities.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
PART 11--RESEARCH
SEC. 3171101. RESEARCH AND DEVELOPMENT.
The Secretary of Health and Human Services, in coordination with
the Director of the Centers for Disease Control and Prevention and in
collaboration with the Director of the National Institutes of Health,
the Director of the Agency for Healthcare Research and Quality, the
Commissioner of Food and Drugs, and the Administrator of the Centers
for Medicare & Medicaid Services, shall support research and
development on more efficient and effective strategies--
(1) for the surveillance of SARS-CoV-2 and COVID-19;
(2) for the testing and identification of individuals
infected with COVID-19; and
(3) for the tracing of contacts of individuals infected
with COVID-19.
SEC. 3171102. CDC FIELD STUDIES PERTAINING TO SPECIFIC HEALTH
INEQUITIES.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Health and Human Services (referred to in
this section as the ``Secretary''), acting through the Centers for
Disease Control and Prevention, in collaboration with State, local,
Tribal, and territorial health departments, shall complete (by the
reporting deadline in subsection (b)) field studies to better
understand health inequities that are not currently tracked by the
Secretary. Such studies shall include an analysis of--
(1) the impact of socioeconomic status on health care
access and disease outcomes, including COVID-19 outcomes;
(2) the impact of disability status on health care access
and disease outcomes, including COVID-19 outcomes;
(3) the impact of language preference on health care access
and disease outcomes, including COVID-19 outcomes;
(4) factors contributing to disparities in health outcomes
for the COVID-19 pandemic; and
(5) other topics related to disparities in health outcomes
for the COVID-19 pandemic, as determined by the Secretary.
(b) Report.--Not later than December 31, 2023, the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor and
Pensions of the Senate an initial report on the results of the field
studies under this section.
(c) Final Report.--Not later than December 31, 2025, the Secretary
shall--
(1) update and finalize the initial report under subsection
(b); and
(2) submit such final report to the committees specified in
such subsection.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
SEC. 3171103. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Administrator of the Health Resources and Services Administration,
shall award grants to eligible entities to develop and expand the use
of technology-enabled collaborative learning and capacity building
models to respond to ongoing and real-time learning, health care
information sharing, and capacity building needs related to COVID-19.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall have experience providing technology-
enabled collaborative learning and capacity building health care
services--
(1) in rural areas, frontier areas, health professional
shortage areas, or medically underserved area; or
(2) to medically underserved populations or Indian Tribes.
(c) Use of Funds.--An eligible entity receiving a grant under this
section shall use funds received through the grant--
(1) to advance quality of care in response to COVID-19,
with particular emphasis on rural and underserved areas and
populations;
(2) to protect medical personnel and first responders
through sharing real-time learning through virtual communities
of practice;
(3) to improve patient outcomes for conditions affected or
exacerbated by COVID-19, including improvement of care for
patients with complex chronic conditions; and
(4) to support rapid uptake by health care professionals of
emerging best practices and treatment protocols around COVID-
19.
(d) Optional Additional Uses of Funds.--An eligible entity
receiving a grant under this section may use funds received through the
grant for--
(1) equipment to support the use and expansion of
technology-enabled collaborative learning and capacity building
models, including hardware and software that enables distance
learning, health care provider support, and the secure exchange
of electronic health information;
(2) the participation of multidisciplinary expert team
members to facilitate and lead technology-enabled collaborative
learning sessions, and professionals and staff assisting in the
development and execution of technology-enabled collaborative
learning;
(3) the development of instructional programming and the
training of health care providers and other professionals that
provide or assist in the provision of services through
technology-enabled collaborative learning and capacity building
models; and
(4) other activities consistent with achieving the
objectives of the grants awarded under this section.
(e) Technology-enabled Collaborative Learning and Capacity Building
Model Defined.--In this section, the term ``technology-enabled
collaborative learning and capacity building model'' has the meaning
given that term in section 2(7) of the Expanding Capacity for Health
Outcomes Act (Public Law 114-270; 130 Stat. 1395).
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.
SEC. 3171104. DATA COLLECTION AND ANALYSIS GRANTS TO MINORITY-SERVING
INSTITUTIONS.
(a) Authority.--The Secretary of Health and Human Services, acting
through the Director of the National Institute on Minority Health and
Health Disparities and the Deputy Assistant Secretary for Minority
Health, shall award grants to eligible entities to access and analyze
racial and ethnic data on disparities in health and health care, and
where possible other data on disparities in health and health care, to
monitor and report on progress to reduce and eliminate disparities in
health and health care.
(b) Eligible Entity.--In this section, the term ``eligible entity''
means an entity that has an accredited public health, health policy, or
health services research program and is any of the following:
(1) A part B institution, as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(2) A Hispanic-serving institution, as defined in section
502 of such Act (20 U.S.C. 1101a).
(3) A Tribal College or University, as defined in section
316 of such Act (20 U.S.C. 1059c).
(4) An Asian American and Native American Pacific Islander-
serving institution, as defined in section 371(c) of such Act
(20 U.S.C. 1067q(c)).
(c) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.
SEC. 3171105. SAFETY AND EFFECTIVENESS OF DRUGS WITH RESPECT TO RACIAL
AND ETHNIC BACKGROUND.
(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by adding after section 505F the
following:
``SEC. 505G. SAFETY AND EFFECTIVENESS OF DRUGS WITH RESPECT TO RACIAL
AND ETHNIC BACKGROUND.
``(a) Preapproval Studies.--If there is evidence that there may be
a disparity on the basis of racial or ethnic background or other
demographic characteristics (such as age, sex, gender) as to the safety
or effectiveness of a drug or biological product or if such product
addresses a disease that disproportionately impacts certain racial or
ethnic groups or other demographic characteristics (such as age, sex,
gender), then--
``(1)(A) in the case of a drug, the investigations required
under section 505(b)(1)(A) shall include adequate and well-
controlled investigations of the disparity; or
``(B) in the case of a biological product, the evidence
required under section 351(a) of the Public Health Service Act
for approval of a biologics license application for the
biological product shall include adequate and well-controlled
investigations of the disparity; and
``(2) if the investigations described in subparagraph (A)
or (B) of paragraph (1) confirm that there is such a disparity,
the labeling of the drug or biological product shall include
appropriate information about the disparity.
``(b) Postmarket Studies.--
``(1) In general.--If there is evidence that there may be a
disparity on the basis of racial or ethnic background or other
demographic characteristics (such as age, sex, gender) as to
the safety or effectiveness of a drug for which there is an
approved application under section 505 of this Act or of a
biological product for which there is an approved license under
section 351 of the Public Health Service Act, the Secretary may
by order require the holder of the approved application or
license to conduct, by a date specified by the Secretary,
postmarket studies to investigate the disparity.
``(2) Labeling.--If the Secretary determines that the
postmarket studies confirm that there is a disparity described
in paragraph (1), the labeling of the drug or biological
product shall include appropriate information about the
disparity.
``(3) Study design.--The Secretary may, in an order under
paragraph (1), specify all aspects of the design of the
postmarket studies required under such paragraph for a drug or
biological product, including the number of studies and study
participants, and the other demographic characteristics of the
study participants.
``(4) Modifications of study design.--The Secretary may, by
order and as necessary, modify any aspect of the design of a
postmarket study required in an order under paragraph (1) after
issuing such order.
``(5) Study results.--The results from a study required
under paragraph (1) shall be submitted to the Secretary as a
supplement to the drug application or biologics license
application.
``(c) Applications Under Section 505(j).--
``(1) In general.--A drug for which an application has been
submitted or approved under section 505(j) shall not be
considered ineligible for approval under that section or
misbranded under section 502 on the basis that the labeling of
the drug omits information relating to a disparity on the basis
of racial or ethnic background or other demographic
characteristics (such as age, sex, gender) as to the safety or
effectiveness of the drug as to the safety or effectiveness of
the drug, whether derived from investigations or studies
required under this section or derived from other sources, when
the omitted information is protected by patent or by
exclusivity under section 505(j)(5)(F).
``(2) Labeling.--Notwithstanding paragraph (1), the
Secretary may require that the labeling of a drug approved
under section 505(j) that omits information relating to a
disparity on the basis of racial or ethnic background (such as
age, sex, gender) as to the safety or effectiveness of the drug
include a statement of any appropriate contraindications,
warnings, or precautions related to the disparity that the
Secretary considers necessary.
``(d) Definition.--The term `evidence that there may be a disparity
on the basis of racial or ethnic background or other demographic
characteristics (such as age, sex, gender) as to the safety or
effectiveness', with respect to a drug or biological product,
includes--
``(1) evidence that there is a disparity on the basis of
racial or ethnic background or other demographic
characteristics (such as age, sex, gender) as to safety or
effectiveness of a drug or biological product in the same
chemical class as the drug or biological product;
``(2) evidence that there is a disparity on the basis of
racial or ethnic background or other demographic
characteristics (such as age, sex, gender) in the way the drug
or biological product is metabolized;
``(3) other evidence as the Secretary may determine
appropriate; and
``(4) if such product addresses a disease/condition that
evidence shows disproportionately impacts certain racial or
ethnic groups or other demographic characteristics (such as
age, sex, gender).''.
(b) Enforcement.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(ee) If it is a drug and the holder of the approved application
under section 505 or license under section 351 of the Public Health
Service Act for the drug has failed to complete the investigations or
studies, or comply with any other requirement, of section 505G.''.
(c) Drug Fees.--Section 736(a)(1)(A)(ii) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 379h(a)(1)(A)(ii)) is amended by inserting
after ``are not required'' the following: ``, including postmarket
studies required under section 505G''.
SEC. 3171106. GAO AND NIH REPORTS.
(b) GAO Report on NIH Grant Racial and Ethnic Diversity.--
(1) In general.--The Comptroller General of the United
States shall conduct a study on the racial and ethnic diversity
among the following groups:
(A) All applicants for grants, contracts, and
cooperative agreements awarded by the National
Institutes of Health during the period beginning on
January 1, 2009, and ending December 31, 2019.
(B) All recipients of such grants, contracts, and
cooperative agreements during such period.
(C) All members of the peer review panels of such
applicants and recipients, respectively.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General shall complete
the study under paragraph (1) and submit to Congress a report
containing the results of such study.
(c) GAO Report.--Not later than one year after the date of the
enactment of this Act and biennially thereafter until 2024, the
Comptroller General of the United States shall submit to Congress a
report that identifies--
(1) the racial and ethnic diversity of community-based
organizations that applied for Federal funding provided
pursuant to Coronavirus Preparedness and Response Supplemental
Appropriations Act (Public Law 116-123), Families First
Coronavirus Response Act (P.L. 116-127), Coronavirus Aid,
Relief, and Economic Security Act (P.L. 116-136), and Paycheck
Protection Program and Health Care Enhancement Act (P.L. 116-
139);
(2) the percentage of such organizations that were awarded
such funding; and
(3) the impact of such community-based organizations'
efforts on reducing health disparities within racial and ethnic
minority groups.
(d) Annual Report on Activities of National Institute on Minority
Health and Health Disparities.--The Director of the National Institute
on Minority Health and Health Disparities shall prepare an annual
report on the activities carried out or to be carried out by such
institute, and shall submit each such report to the Committee on
Health, Education, Labor, and Pensions of the Senate, the Committee on
Energy and Commerce of the House of Representatives, the Secretary of
Health and Human Services, and the Director of the National Institutes
of Health. With respect to the fiscal year involved, the report shall--
(1) describe and evaluate the progress made in health
disparities research conducted or supported by institutes and
centers of the National Institutes of Health;
(2) summarize and analyze expenditures made for activities
with respect to health disparities research conducted or
supported by the National Institutes of Health;
(3) include a separate statement applying the requirements
of paragraphs (1) and (2) specifically to minority health
disparities research; and
(4) contain such recommendations as the Director of the
Institute considers appropriate.
SEC. 3171107. HEALTH IMPACT ASSESSMENTS.
(a) Findings.--Congress makes the following findings:
(1) Health Impact Assessment is a tool to help planners,
health officials, decisionmakers, and the public make more
informed decisions about the potential health effects of
proposed plans, policies, programs, and projects in order to
maximize health benefits and minimize harms.
(2) Health Impact Assessments fosters community leadership,
ownership and participation in decision-making processes.
(3) Health Impact Assessments can build community support
and reduce opposition to a project or policy, thereby
facilitating economic growth by aiding the development of
consensus regarding new development proposals.
(4) Health Impact Assessments facilitate collaboration
across sectors.
(b) Purposes.--It is the purpose of this section to--
(1) provide more information about the potential human
health effects of policy decisions and the distribution of
those effects;
(2) improve how health is considered in planning and
decisionmaking processes; and
(3) build stronger, healthier communities through the use
of Health Impact Assessment.
(c) Health Impact Assessments.--Part P of title III of the Public
Health Service Act (42 U.S.C. 280g et seq.), as amended by section
796A, is further amended by adding at the end the following:
``SEC. 399V-12. HEALTH IMPACT ASSESSMENTS.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Director.--The term `Director' means the Director of
the Centers for Disease Control and Prevention.
``(3) Health impact assessment.--The term `health impact
assessment' means a systematic process that uses an array of
data sources and analytic methods and considers input from
stakeholders to determine the potential effects of a proposed
policy, plan, program, or project on the health of a population
and the distribution of those effects within the population.
Such term includes identifying and recommending appropriate
actions on monitoring and maximizing potential benefits and
minimizing the potential harms.
``(4) Health disparity.--The term `health disparity' means
a particular type of health difference that is closely linked
with social, economic, or environmental disadvantage and that
adversely affects groups of people who have systematically
experienced greater obstacles to health based on their racial
or ethnic group; religion; socioeconomic status; gender; age;
mental health; cognitive, sensory, or physical disability;
sexual orientation or gender identity; geographic location;
citizenship status; or other characteristics historically
linked to discrimination or exclusion.
``(b) Establishment.--The Secretary, acting through the Director
and in collaboration with the Administrator, shall--
``(1) in consultation with the Director of the National
Center for Chronic Disease Prevention and Health Promotion and
relevant offices within the Department of Housing and Urban
Development, the Department of Transportation, and the
Department of Agriculture, establish a program at the National
Center for Environmental Health at the Centers for Disease
Control and Prevention focused on advancing the field of health
impact assessment that includes--
``(A) collecting and disseminating best practices;
``(B) administering capacity building grants to
States to support grantees in initiating health impact
assessments, in accordance with subsection (d);
``(C) providing technical assistance;
``(D) developing training tools and providing
training on conducting health impact assessment and the
implementation of built environment and health
indicators;
``(E) making information available, as appropriate,
regarding the existence of other community healthy
living tools, checklists, and indices that help connect
public health to other sectors, and tools to help
examine the effect of the indoor built environment and
building codes on population health;
``(F) conducting research and evaluations of health
impact assessments; and
``(G) awarding competitive extramural research
grants;
``(2) develop guidance and guidelines to conduct health
impact assessments in accordance with subsection (c); and
``(3) establish a grant program to allow States to fund
eligible entities to conduct health impact assessments.
``(c) Guidance.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Ending Health Disparities during COVID-19 Act
of 2020, the Secretary, acting through the Director, shall
issue final guidance for conducting the health impact
assessments. In developing such guidance the Secretary shall--
``(A) consult with the Director of the National
Center for Environmental Health and, the Director of
the National Center for Chronic Disease Prevention and
Health Promotion, and relevant offices within the
Department of Housing and Urban Development, the
Department of Transportation, and the Department of
Agriculture; and
``(B) consider available international health
impact assessment guidance, North American health
impact assessment practice standards, and
recommendations from the National Academy of Science.
``(2) Content.--The guidance under this subsection shall
include--
``(A) background on national and international
efforts to bridge urban planning, climate forecasting,
and public health institutions and disciplines,
including a review of health impact assessment best
practices internationally;
``(B) evidence-based direct and indirect pathways
that link land-use planning, transportation, and
housing policy and objectives to human health outcomes;
``(C) data resources and quantitative and
qualitative forecasting methods to evaluate both the
status of health determinants and health effects,
including identification of existing programs that can
disseminate these resources;
``(D) best practices for inclusive public
involvement in conducting health impact assessments;
and
``(E) technical assistance for other agencies
seeking to develop their own guidelines and procedures
for health impact assessment.
``(d) Grant Program.--
``(1) In general.--The Secretary, acting through the
Director and in collaboration with the Administrator, shall--
``(A) award grants to States to fund eligible
entities for capacity building or to prepare health
impact assessments; and
``(B) ensure that States receiving a grant under
this subsection further support training and technical
assistance for grantees under the program by funding
and overseeing appropriate local, State, Tribal,
Federal, institution of higher education, or nonprofit
health impact assessment experts to provide such
technical assistance.
``(2) Applications.--
``(A) In general.--To be eligible to receive a
grant under this section, an eligible entity shall--
``(i) be a State, Indian tribe, or tribal
organization that includes individuals or
populations the health of which are, or will
be, affected by an activity or a proposed
activity; and
``(ii) submit to the Secretary an
application in accordance with this subsection,
at such time, in such manner, and containing
such additional information as the Secretary
may require.
``(B) Inclusion.--An application under this
subsection shall include a list of proposed activities
that require or would benefit from conducting a health
impact assessment within six months of awarding funds.
The list should be accompanied by supporting
documentation, including letters of support, from
potential conductors of health impact assessments for
the listed proposed activities. Each application should
also include an assessment by the eligible entity of
the health of the population of its jurisdiction and
describe potential adverse or positive effects on
health that the proposed activities may create.
``(C) Preference.--Preference in awarding funds
under this section may be given to eligible entities
that demonstrate the potential to significantly improve
population health or lower health care costs as a
result of potential health impact assessment work.
``(3) Use of funds.--
``(A) In general.--An entity receiving a grant
under this section shall use such grant funds to
conduct health impact assessment capacity building or
to fund subgrantees in conducting a health impact
assessment for a proposed activity in accordance with
this subsection.
``(B) Purposes.--The purposes of a health impact
assessment under this subsection are--
``(i) to facilitate the involvement of
tribal, State, and local public health
officials in community planning,
transportation, housing, and land use decisions
and other decisions affecting the built
environment to identify any potential health
concern or health benefit relating to an
activity or proposed activity;
``(ii) to provide for an investigation of
any health-related issue of concern raised in a
planning process, an environmental impact
assessment process, or policy appraisal
relating to a proposed activity;
``(iii) to describe and compare
alternatives (including no-action alternatives)
to a proposed activity to provide clarification
with respect to the potential health outcomes
associated with the proposed activity and,
where appropriate, to the related benefit-cost
or cost-effectiveness of the proposed activity
and alternatives;
``(iv) to contribute, when applicable, to
the findings of a planning process, policy
appraisal, or an environmental impact statement
with respect to the terms and conditions of
implementing a proposed activity or related
mitigation recommendations, as necessary;
``(v) to ensure that the disproportionate
distribution of negative impacts among
vulnerable populations is minimized as much as
possible;
``(vi) to engage affected community members
and ensure adequate opportunity for public
comment on all stages of the health impact
assessment;
``(vii) where appropriate, to consult with
local and county health departments and
appropriate organizations, including planning,
transportation, and housing organizations and
providing them with information and tools
regarding how to conduct and integrate health
impact assessment into their work; and
``(viii) to inspect homes, water systems,
and other elements that pose risks to lead
exposure, with an emphasis on areas that pose a
higher risk to children.
``(4) Assessments.--Health impact assessments carried out
using grant funds under this section shall--
``(A) take appropriate health factors into
consideration as early as practicable during the
planning, review, or decisionmaking processes;
``(B) assess the effect on the health of
individuals and populations of proposed policies,
projects, or plans that result in modifications to the
built environment; and
``(C) assess the distribution of health effects
across various factors, such as race, income,
ethnicity, age, disability status, gender, and
geography.
``(5) Eligible activities.--
``(A) In general.--Eligible entities funded under
this subsection shall conduct an evaluation of any
proposed activity to determine whether it will have a
significant adverse or positive effect on the health of
the affected population in the jurisdiction of the
eligible entity, based on the criteria described in
subparagraph (B).
``(B) Criteria.--The criteria described in this
subparagraph include, as applicable to the proposed
activity, the following:
``(i) Any substantial adverse effect or
significant health benefit on health outcomes
or factors known to influence health, including
the following:
``(I) Physical activity.
``(II) Injury.
``(III) Mental health.
``(IV) Accessibility to health-
promoting goods and services.
``(V) Respiratory health.
``(VI) Chronic disease.
``(VII) Nutrition.
``(VIII) Land use changes that
promote local, sustainable food
sources.
``(IX) Infectious disease,
including COVID-19.
``(X) Health disparities.
``(XI) Existing air quality, ground
or surface water quality or quantity,
or noise levels.
``(XII) Lead exposure.
``(XIII) Drinking water quality and
accessibility.
``(ii) Other factors that may be
considered, including--
``(I) the potential for a proposed
activity to result in systems failure
that leads to a public health
emergency, pandemic, or other
infectious or biochemical agent;
``(II) the probability that the
proposed activity will result in a
significant increase in tourism,
economic development, or employment in
the jurisdiction of the eligible
entity;
``(III) any other significant
potential hazard or enhancement to
human health, as determined by the
eligible entity; or
``(IV) whether the evaluation of a
proposed activity would duplicate
another analysis or study being
undertaken in conjunction with the
proposed activity.
``(C) Factors for consideration.--In evaluating a
proposed activity under subparagraph (A), an eligible
entity may take into consideration any reasonable,
direct, indirect, or cumulative effect that can be
clearly related to potential health effects and that is
related to the proposed activity, including the effect
of any action that is--
``(i) included in the long-range plan
relating to the proposed activity;
``(ii) likely to be carried out in
coordination with the proposed activity;
``(iii) dependent on the occurrence of the
proposed activity; or
``(iv) likely to have a disproportionate
impact on high-risk or vulnerable populations.
``(6) Requirements.--A health impact assessment prepared
with funds awarded under this subsection shall incorporate the
following, after conducting the screening phase (identifying
projects or policies for which a health impact assessment would
be valuable and feasible) through the application process:
``(A) Scoping.--Identifying which health effects to
consider and the research methods to be utilized.
``(B) Assessing risks and benefits.--Assessing the
baseline health status and factors known to influence
the health status in the affected community, which may
include aggregating and synthesizing existing health
assessment evidence and data from the community.
``(C) Developing recommendations.--Suggesting
changes to proposals to promote positive or mitigate
adverse health effects.
``(D) Reporting.--Synthesizing the assessment and
recommendations and communicating the results to
decisionmakers.
``(E) Monitoring and evaluating.--Tracking the
decision and implementation effect on health
determinants and health status.
``(7) Plan.--An eligible entity that is awarded a grant
under this section shall develop and implement a plan, to be
approved by the Director, for meaningful and inclusive
stakeholder involvement in all phases of the health impact
assessment. Stakeholders may include community leaders,
community-based organizations, youth-serving organizations,
planners, public health experts, State and local public health
departments and officials, health care experts or officials,
housing experts or officials, and transportation experts or
officials.
``(8) Submission of findings.--An eligible entity that is
awarded a grant under this section shall submit the findings of
any funded health impact assessment activities to the Secretary
and make these findings publicly available.
``(9) Assessment of impacts.--An eligible entity that is
awarded a grant under this section shall ensure the assessment
of the distribution of health impacts (related to the proposed
activity) across race, ethnicity, income, age, gender,
disability status, and geography.
``(10) Conduct of assessment.--To the greatest extent
feasible, a health impact assessment shall be conducted under
this section in a manner that respects the needs and timing of
the decisionmaking process it evaluates.
``(11) Methodology.--In preparing a health impact
assessment under this subsection, an eligible entity or partner
shall follow the guidance published under subsection (c).
``(e) Health Impact Assessment Database.--The Secretary, acting
through the Director and in collaboration with the Administrator, shall
establish, maintain, and make publicly available a health impact
assessment database, including--
``(1) a catalog of health impact assessments received under
this section;
``(2) an inventory of tools used by eligible entities to
conduct health impact assessments; and
``(3) guidance for eligible entities with respect to the
selection of appropriate tools described in paragraph (2).
``(f) Evaluation of Grantee Activities.--The Secretary shall award
competitive grants to Prevention Research Centers, or nonprofit
organizations or academic institutions with expertise in health impact
assessments to--
``(1) assist grantees with the provision of training and
technical assistance in the conducting of health impact
assessments;
``(2) evaluate the activities carried out with grants under
subsection (d); and
``(3) assist the Secretary in disseminating evidence, best
practices, and lessons learned from grantees.
``(g) Report to Congress.--Not later than 1 year after the date of
enactment of the Ending Health Disparities During COVID-19 Act of 2021,
the Secretary shall submit to Congress a report concerning the
evaluation of the programs under this section, including
recommendations as to how lessons learned from such programs can be
incorporated into future guidance documents developed and provided by
the Secretary and other Federal agencies, as appropriate.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
``SEC. 399V-13. IMPLEMENTATION OF RESEARCH FINDINGS TO IMPROVE HEALTH
OUTCOMES THROUGH THE BUILT ENVIRONMENT.
``(a) Research Grant Program.--The Secretary, in collaboration with
the Administrator of the Environmental Protection Agency (referred to
in this section as the `Administrator'), shall award grants to public
agencies or private nonprofit institutions to implement evidence-based
programming to improve human health through improvements to the built
environment and subsequently human health, by addressing--
``(1) levels of physical activity;
``(2) consumption of nutritional foods;
``(3) rates of crime;
``(4) air, water, and soil quality;
``(5) risk or rate of injury;
``(6) accessibility to health-promoting goods and services;
``(7) chronic disease rates;
``(8) community design;
``(9) housing; or transportation options;
``(10) ability to reduce the spread of infectious diseases
(such as COVID-19); and
``(11) other factors, as the Secretary determines
appropriate.
``(b) Applications.--A public agency or private nonprofit
institution desiring a grant under this section shall submit to the
Secretary an application at such time, in such manner, and containing
such agreements, assurances, and information as the Secretary, in
consultation with the Administrator, may require.
``(c) Research.--The Secretary, in consultation with the
Administrator, shall support, through grants awarded under this
section, research that--
``(1) uses evidence-based research to improve the built
environment and human health;
``(2) examines--
``(A) the scope and intensity of the impact that
the built environment (including the various
characteristics of the built environment) has on the
human health; or
``(B) the distribution of such impacts by--
``(i) location; and
``(ii) population subgroup;
``(3) is used to develop--
``(A) measures and indicators to address health
impacts and the connection of health to the built
environment;
``(B) efforts to link the measures to
transportation, land use, and health databases; and
``(C) efforts to enhance the collection of built
environment surveillance data;
``(4) distinguishes carefully between personal attitudes
and choices and external influences on behavior to determine
how much the association between the built environment and the
health of residents, versus the lifestyle preferences of the
people that choose to live in the neighborhood, reflects the
physical characteristics of the neighborhood; and
``(5)(A) identifies or develops effective intervention
strategies focusing on enhancements to the built environment
that promote increased use physical activity, access to
nutritious foods, or other health-promoting activities by
residents; and
``(B) in developing the intervention strategies under
subparagraph (A), ensures that the intervention strategies will
reach out to high-risk or vulnerable populations, including
low-income urban and rural communities and aging populations,
in addition to the general population.
``(d) Surveys.--The Secretary may allow recipients of grants under
this section to use such grant funds to support the expansion of
national surveys and data tracking systems to provide more detailed
information about the connection between the built environment and
health.
``(e) Priority.--In awarding grants under this section, the
Secretary and the Administrator shall give priority to entities with
programming that incorporates--
``(1) interdisciplinary approaches; or
``(2) the expertise of the public health, physical
activity, urban planning, land use, and transportation research
communities in the United States and abroad.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
The Secretary may allocate not more than 20 percent of the amount so
appropriated for a fiscal year for purposes of conducting research
under subsection (c).''.
SEC. 3171108. TRIBAL FUNDING TO RESEARCH HEALTH INEQUITIES INCLUDING
COVID-19.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Director of the Indian Health Service, in
coordination with Tribal Epidemiology Centers and other Federal
agencies, as appropriate, shall conduct or support research and field
studies for the purposes of improved understanding of Tribal health
inequities among American Indians and Alaska Natives, including with
respect to--
(1) disparities related to COVID-19;
(2) public health surveillance and infrastructure regarding
unmet needs in Indian country and Urban Indian communities;
(3) population-based health disparities;
(4) barriers to health care services;
(5) the impact of socioeconomic status; and
(6) factors contributing to Tribal health inequities.
(b) Consultation, Confer, and Coordination.--In carrying out this
section, the Director of the Indian Health Service shall--
(1) consult with Indian Tribes and Tribal organizations;
(2) confer with Urban Indian organizations;
(3) coordinate with the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health.
(c) Process.--Not later than 60 days after the date of enactment of
this Act, the Director of the Indian Health Service shall establish a
nationally representative panel to establish processes and procedures
for the research and field studies conducted or supported under
subsection (a). The Director shall ensure that, at a minimum, the panel
consists of the following individuals:
(1) Elected Tribal leaders or their designees.
(2) Tribal public health practitioners and experts from the
national and regional levels.
(d) Duties.--The panel established under subsection (c) shall, at a
minimum--
(1) advise the Director of the Indian Health Service on the
processes and procedures regarding the design, implementation,
and evaluation of, and reporting on, research and field studies
conducted or supported under this section;
(2) develop and share resources on Tribal public health
data surveillance and reporting, including best practices; and
(3) carry out such other activities as may be appropriate
to establish processes and procedures for the research and
field studies conducted or supported under subsection (a).
(e) Report.--Not later than 1 year after expending all funds made
available to carry out this section, the Director of the Indian Health
Service, in coordination with the panel established under subsection
(c), shall submit an initial report on the results of the research and
field studies under this section to--
(1) the Committee on Energy and Commerce and the Committee
on Natural Resources of the House of Representatives; and
(2) the Committee on Indian Affairs and the Committee on
Health, Education, Labor and Pensions of the Senate.
(f) Tribal Data Sovereignty.--The Director of the Indian Health
Service shall ensure that all research and field studies conducted or
supported under this section are tribally-directed and carried out in a
manner which ensures Tribal-direction of all data collected under this
section--
(1) according to Tribal best practices regarding research
design and implementation, including by ensuring the consent of
the Tribes involved to public reporting of Tribal data;
(2) according to all relevant and applicable Tribal,
professional, institutional, and Federal standards for
conducting research and governing research ethics;
(3) with the prior and informed consent of any Indian Tribe
participating in the research or sharing data for use under
this section; and
(4) in a manner that respects the inherent sovereignty of
Indian Tribes, including Tribal governance of data and
research.
(g) Final Report.--Not later than December 31, 2025, the Director
of the Indian Health Service shall--
(1) update and finalize the initial report under subsection
(e); and
(2) submit such final report to the committees specified in
such subsection.
(h) Definitions.--In this section:
(1) The terms ``Indian Tribe'' and ``Tribal organization''
have the meanings given to such terms in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(2) The term ``Urban Indian organization'' has the meaning
given to such term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000, to remain available
until expended.
SEC. 3171109. RESEARCH ENDOWMENTS AT BOTH CURRENT AND FORMER CENTERS OF
EXCELLENCE.
Paragraph (1) of section 464z-3(h) of the Public Health Service Act
(42 U.S.C. 285t(h)) is amended to read as follows:
``(1) In general.--The Director of the Institute may carry
out a program to facilitate minority health disparities
research and other health disparities research by providing for
research endowments--
``(A) at current or former centers of excellence
under section 736; and
``(B) at current or former centers of excellence
under section 464z-4.''.
PART 12--EDUCATION
SEC. 3171201. GRANTS FOR SCHOOLS OF MEDICINE IN DIVERSE AND UNDERSERVED
AREAS.
Subpart II of part C of title VII of the Public Health Service Act
is amended by inserting after section 749B of such Act (42 U.S.C. 293m)
the following:
``SEC. 749C. SCHOOLS OF MEDICINE IN UNDERSERVED AREAS.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration, may award grants to
institutions of higher education (including multiple institutions of
higher education applying jointly) for the establishment, improvement,
and expansion of an allopathic or osteopathic school of medicine, or a
branch campus of an allopathic or osteopathic school of medicine.
``(b) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to institutions of higher education
that--
``(1) propose to use the grant for an allopathic or
osteopathic school of medicine, or a branch campus of an
allopathic or osteopathic school of medicine, in a combined
statistical area with fewer than 200 actively practicing
physicians per 100,000 residents according to the medical board
(or boards) of the State (or States) involved;
``(2) have a curriculum that emphasizes care for diverse
and underserved populations; or
``(3) are minority-serving institutions described in the
list in section 371(a) of the Higher Education Act of 1965.
``(c) Use of Funds.--The activities for which a grant under this
section may be used include--
``(1) planning and constructing--
``(A) a new allopathic or osteopathic school of
medicine in an area in which no other school is based;
or
``(B) a branch campus of an allopathic or
osteopathic school of medicine in an area in which no
such school is based;
``(2) accreditation and planning activities for an
allopathic or osteopathic school of medicine or branch campus;
``(3) hiring faculty and other staff to serve at an
allopathic or osteopathic school of medicine or branch campus;
``(4) recruitment and enrollment of students at an
allopathic or osteopathic school of medicine or branch campus;
``(5) supporting educational programs at an allopathic or
osteopathic school of medicine or branch campus;
``(6) modernizing infrastructure or curriculum at an
existing allopathic or osteopathic school of medicine or branch
campus thereof;
``(7) expanding infrastructure or curriculum at existing an
allopathic or osteopathic school of medicine or branch campus;
and
``(8) other activities that the Secretary determines
further the development, improvement, and expansion of an
allopathic or osteopathic school of medicine or branch campus
thereof.
``(d) Definitions.--In this section:
``(1) The term `branch campus' means a geographically
separate site at least 100 miles from the main campus of a
school of medicine where at least one student completes at
least 60 percent of the student's training leading to a degree
of doctor of medicine.
``(2) The term `institution of higher education' has the
meaning given to such term in section 101(a) of the Higher
Education Act of 1965.
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000,000, to remain
available until expended.''.
SEC. 3171202. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Title XXXIV of the Public Health Service Act, as amended by as
amended by sections 104, 702, and 806, is amended by adding at the end
the following:
``Subtitle D--Diversifying the Health Care Workplace
``SEC. 3410. NATIONAL WORKING GROUP ON WORKFORCE DIVERSITY.
``(a) In General.--The Secretary, acting through the Bureau of
Health Workforce of the Health Resources and Services Administration,
shall award a grant to an entity determined appropriate by the
Secretary for the establishment of a national working group on
workforce diversity.
``(b) Representation.--In establishing the national working group
under subsection (a):
``(1) The grantee shall ensure that the group has
representatives of each of the following:
``(A) The Health Resources and Services
Administration.
``(B) The Department of Health and Human Services
Data Council.
``(C) The Office of Minority Health of the
Department of Health and Human Services.
``(D) The Substance Abuse and Mental Health
Services Administration.
``(E) The Bureau of Labor Statistics of the
Department of Labor.
``(F) The National Institute on Minority Health and
Health Disparities.
``(G) The Agency for Healthcare Research and
Quality.
``(H) The Institute of Medicine Study Committee for
the 2004 workforce diversity report.
``(I) The Indian Health Service.
``(J) The Department of Education.
``(K) Minority-serving academic institutions.
``(L) Consumer organizations.
``(M) Health professional associations, including
those that represent underrepresented minority
populations.
``(N) Researchers in the area of health workforce.
``(O) Health workforce accreditation entities.
``(P) Private (including nonprofit) foundations
that have sponsored workforce diversity initiatives.
``(Q) Local and State health departments.
``(R) Representatives of community members to be
included on admissions committees for health profession
schools pursuant to subsection (c)(9).
``(S) National community-based organizations that
serve as a national intermediary to their urban
affiliate members and have demonstrated capacity to
train health care professionals.
``(T) The Veterans Health Administration.
``(U) Other entities determined appropriate by the
Secretary.
``(2) The grantee shall ensure that, in addition to the
representatives under paragraph (1), the working group has not
less than 5 health professions students representing various
health profession fields and levels of training.
``(c) Activities.--The working group established under subsection
(a) shall convene at least twice each year to complete the following
activities:
``(1) Review public and private health workforce diversity
initiatives.
``(2) Identify successful health workforce diversity
programs and practices.
``(3) Examine challenges relating to the development and
implementation of health workforce diversity initiatives.
``(4) Draft a national strategic work plan for health
workforce diversity, including recommendations for public and
private sector initiatives.
``(5) Develop a framework and methods for the evaluation of
current and future health workforce diversity initiatives.
``(6) Develop recommended standards for workforce diversity
that could be applicable to all health professions programs and
programs funded under this Act.
``(7) Develop guidelines to train health professionals to
care for a diverse population.
``(8) Develop a workforce data collection or tracking
system to identify where racial and ethnic minority health
professionals practice.
``(9) Develop a strategy for the inclusion of community
members on admissions committees for health profession schools.
``(10) Help with monitoring and implementation of standards
for diversity, equity, and inclusion.
``(11) Other activities determined appropriate by the
Secretary.
``(d) Annual Report.--Not later than 1 year after the establishment
of the working group under subsection (a), and annually thereafter, the
working group shall prepare and make available to the general public
for comment, an annual report on the activities of the working group.
Such report shall include the recommendations of the working group for
improving health workforce diversity.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3412. TECHNICAL CLEARINGHOUSE FOR HEALTH WORKFORCE DIVERSITY.
``(a) In General.--The Secretary, acting through the Deputy
Assistant Secretary for Minority Health, and in collaboration with the
Bureau of Health Workforce within the Health Resources and Services
Administration and the National Institute on Minority Health and Health
Disparities, shall establish a technical clearinghouse on health
workforce diversity within the Office of Minority Health and coordinate
current and future clearinghouses related to health workforce
diversity.
``(b) Information and Services.--The clearinghouse established
under subsection (a) shall offer the following information and
services:
``(1) Information on the importance of health workforce
diversity.
``(2) Statistical information relating to underrepresented
minority representation in health and allied health professions
and occupations.
``(3) Model health workforce diversity practices and
programs, including integrated models of care.
``(4) Admissions policies that promote health workforce
diversity and are in compliance with Federal and State laws.
``(5) Retainment policies that promote completion of health
profession degrees for underserved populations.
``(6) Lists of scholarship, loan repayment, and loan
cancellation grants as well as fellowship information for
underserved populations for health professions schools.
``(7) Foundation and other large organizational initiatives
relating to health workforce diversity.
``(c) Consultation.--In carrying out this section, the Secretary
shall consult with non-Federal entities which may include minority
health professional associations and minority sections of major health
professional associations to ensure the adequacy and accuracy of
information.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3413. SUPPORT FOR INSTITUTIONS COMMITTED TO WORKFORCE DIVERSITY,
EQUITY, AND INCLUSION.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and the Centers for
Disease Control and Prevention, shall award grants to eligible entities
that demonstrate a commitment to health workforce diversity.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be an educational institution or entity that
historically produces or trains meaningful numbers of
underrepresented minority health professionals, including--
``(A) part B institutions, as defined in section
322 of the Higher Education Act of 1965;
``(B) Hispanic-serving health professions schools;
``(C) Hispanic-serving institutions, as defined in
section 502 of such Act;
``(D) Tribal colleges or universities, as defined
in section 316 of such Act;
``(E) Asian American and Native American Pacific
Islander-serving institutions, as defined in section
371(c) of such Act;
``(F) institutions that have programs to recruit
and retain underrepresented minority health
professionals, in which a significant number of the
enrolled participants are underrepresented minorities;
``(G) health professional associations, which may
include underrepresented minority health professional
associations; and
``(H) institutions, including national and regional
community-based organizations with demonstrated
commitment to a diversified workforce--
``(i) located in communities with
predominantly underrepresented minority
populations;
``(ii) with whom partnerships have been
formed for the purpose of increasing workforce
diversity; and
``(iii) in which at least 20 percent of the
enrolled participants are underrepresented
minorities; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Funds.--Amounts received under a grant under
subsection (a) shall be used to expand existing workforce diversity
programs, implement new workforce diversity programs, or evaluate
existing or new workforce diversity programs, including with respect to
mental health care professions. Such programs shall enhance diversity
by considering minority status as part of an individualized
consideration of qualifications. Possible activities may include--
``(1) educational outreach programs relating to
opportunities in the health professions;
``(2) scholarship, fellowship, grant, loan repayment, and
loan cancellation programs;
``(3) postbaccalaureate programs;
``(4) academic enrichment programs, particularly targeting
those who would not be competitive for health professions
schools;
``(5) supporting workforce diversity in kindergarten
through 12th grade and other health pipeline programs;
``(6) mentoring programs;
``(7) internship or rotation programs involving hospitals,
health systems, health plans, and other health entities;
``(8) community partnership development for purposes
relating to workforce diversity; or
``(9) leadership training.
``(d) Reports.--Not later than 1 year after receiving a grant under
this section, and annually for the term of the grant, a grantee shall
submit to the Secretary a report that summarizes and evaluates all
activities conducted under the grant.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3414. CAREER DEVELOPMENT FOR SCIENTISTS AND RESEARCHERS.
``(a) In General.--The Secretary, acting through the Director of
the National Institutes of Health, the Director of the Centers for
Disease Control and Prevention, the Commissioner of Food and Drugs, the
Director of the Agency for Healthcare Research and Quality, and the
Administrator of the Health Resources and Services Administration,
shall award grants that expand existing opportunities for scientists
and researchers and promote the inclusion of underrepresented
minorities in the health professions.
``(b) Research Funding.--The head of each agency listed in
subsection (a) shall establish or expand existing programs to provide
research funding to scientists and researchers in training. Under such
programs, the head of each such entity shall give priority in
allocating research funding to support health research in traditionally
underserved communities, including underrepresented minority
communities, and research classified as community or participatory.
``(c) Data Collection.--The head of each agency listed in
subsection (a) shall collect data on the number (expressed as an
absolute number and a percentage) of underrepresented minority and
nonminority applicants who receive and are denied agency funding at
every stage of review. Such data shall be reported annually to the
Secretary and the appropriate committees of Congress.
``(d) Student Loan Reimbursement.--The Secretary shall establish a
student loan reimbursement program to provide student loan
reimbursement assistance to researchers who focus on racial and ethnic
disparities in health. The Secretary shall promulgate regulations to
define the scope and procedures for the program under this subsection.
``(e) Student Loan Cancellation.--The Secretary shall establish a
student loan cancellation program to provide student loan cancellation
assistance to researchers who focus on racial and ethnic disparities in
health. Students participating in the program shall make a minimum 5-
year commitment to work at an accredited health profession school. The
Secretary shall promulgate additional regulations to define the scope
and procedures for the program under this subsection.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3415. CAREER SUPPORT FOR NONRESEARCH HEALTH PROFESSIONALS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, the Assistant Secretary
for Mental Health and Substance Use, the Administrator of the Health
Resources and Services Administration, and the Administrator of the
Centers for Medicare & Medicaid Services, shall establish a program to
award grants to eligible individuals for career support in nonresearch-
related health and wellness professions.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an individual shall--
``(1) be a student in a health professions school, a
graduate of such a school who is working in a health
profession, an individual working in a health or wellness
profession (including mental and behavioral health), or a
faculty member of such a school; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Funds.--An individual shall use amounts received under
a grant under this section to--
``(1) support the individual's health activities or
projects that involve underserved communities, including racial
and ethnic minority communities;
``(2) support health-related career advancement activities;
``(3) to pay, or as reimbursement for payments of, student
loans or training or credentialing costs for individuals who
are health professionals and are focused on health issues
affecting underserved communities, including racial and ethnic
minority communities; and
``(4) to establish and promote leadership training programs
to decrease health disparities and to increase cultural
competence with the goal of increasing diversity in leadership
positions.
``(d) Definition.--In this section, the term `career in
nonresearch-related health and wellness professions' means employment
or intended employment in the field of public health, health policy,
health management, health administration, medicine, nursing, pharmacy,
psychology, social work, psychiatry, other mental and behavioral
health, allied health, community health, social work, or other fields
determined appropriate by the Secretary, other than in a position that
involves research.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3416. RESEARCH ON THE EFFECT OF WORKFORCE DIVERSITY ON QUALITY.
``(a) In General.--The Director of the Agency for Healthcare
Research and Quality, in collaboration with the Deputy Assistant
Secretary for Minority Health and the Director of the National
Institute on Minority Health and Health Disparities, shall award grants
to eligible entities to expand research on the link between health
workforce diversity and quality health care.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a clinical, public health, or health services
research entity or other entity determined appropriate by the
Director; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Funds.--Amounts received under a grant awarded under
subsection (a) shall be used to support research that investigates the
effect of health workforce diversity on--
``(1) language access;
``(2) cultural competence;
``(3) patient satisfaction;
``(4) timeliness of care;
``(5) safety of care;
``(6) effectiveness of care;
``(7) efficiency of care;
``(8) patient outcomes;
``(9) community engagement;
``(10) resource allocation;
``(11) organizational structure;
``(12) compliance of care; or
``(13) other topics determined appropriate by the Director.
``(d) Priority.--In awarding grants under subsection (a), the
Director shall give individualized consideration to all relevant
aspects of the applicant's background. Consideration of prior research
experience involving the health of underserved communities shall be
such a factor.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.
``SEC. 3417. HEALTH DISPARITIES EDUCATION PROGRAM.
``(a) Establishment.--The Secretary, acting through the Office of
Minority Health, in collaboration with the National Institute on
Minority Health and Health Disparities, the Office for Civil Rights,
the Centers for Disease Control and Prevention, the Centers for
Medicare & Medicaid Services, the Health Resources and Services
Administration, and other appropriate public and private entities,
shall establish and coordinate a health and health care disparities
education program to support, develop, and implement educational
initiatives and outreach strategies that inform health care
professionals and the public about the existence of and methods to
reduce racial and ethnic disparities in health and health care.
``(b) Activities.--The Secretary, through the education program
established under subsection (a), shall, through the use of public
awareness and outreach campaigns targeting the general public and the
medical community at large--
``(1) disseminate scientific evidence for the existence and
extent of racial and ethnic disparities in health care,
including disparities that are not otherwise attributable to
known factors such as access to care, patient preferences, or
appropriateness of intervention, as described in the 2002
Institute of Medicine Report entitled `Unequal Treatment:
Confronting Racial and Ethnic Disparities in Health Care', as
well as the impact of disparities related to age, disability
status, socioeconomic status, sex, gender identity, and sexual
orientation on racial and ethnic minorities;
``(2) disseminate new research findings to health care
providers and patients to assist them in understanding,
reducing, and eliminating health and health care disparities;
``(3) disseminate information about the impact of
linguistic and cultural barriers on health care quality and the
obligation of health providers who receive Federal financial
assistance to ensure that individuals with limited-English
proficiency have access to language access services;
``(4) disseminate information about the importance and
legality of racial, ethnic, disability status, socioeconomic
status, sex, gender identity, and sexual orientation, and
primary language data collection, analysis, and reporting;
``(5) design and implement specific educational initiatives
to health care providers relating to health and health care
disparities;
``(6) assess the impact of the programs established under
this section in raising awareness of health and health care
disparities and providing information on available resources;
and
``(7) design and implement specific educational initiatives
to educate the health care workforce relating to unconscious
bias.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2027.''.
SEC. 3171203. HISPANIC-SERVING INSTITUTIONS, HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES, ASIAN AMERICAN AND NATIVE
AMERICAN PACIFIC ISLANDER-SERVING INSTITUTIONS, TRIBAL
COLLEGES, REGIONAL COMMUNITY-BASED ORGANIZATIONS, AND
NATIONAL MINORITY MEDICAL ASSOCIATIONS.
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:
``SEC. 742. HISPANIC-SERVING INSTITUTIONS, HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES, ASIAN AMERICAN AND NATIVE AMERICAN
PACIFIC ISLANDER-SERVING INSTITUTIONS, AND TRIBAL
COLLEGES.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and in consultation
with the Secretary of Education, shall award grants to Hispanic-serving
institutions, historically black colleges and universities, Asian
American and Native American Pacific Islander-serving institutions,
Tribal Colleges or Universities, regional community-based
organizations, and national minority medical associations, for
counseling, mentoring and providing information on financial assistance
to prepare underrepresented minority individuals to enroll in and
graduate from health professional schools and to increase services for
underrepresented minority students including--
``(1) mentoring with underrepresented health professionals;
and
``(2) providing financial assistance information for
continued education and applications to health professional
schools.
``(b) Definitions.--In this section:
``(1) Asian american and native american pacific islander-
serving institution.--The term `Asian American and Native
American Pacific Islander-serving institution' has the meaning
given such term in section 320(b) of the Higher Education Act
of 1965.
``(2) Hispanic serving institution.--The term `hispanic-
serving institution' means an entity that--
``(A) is a school or program for which there is a
definition under 799B;
``(B) has an enrollment of full-time equivalent
students that is made up of at least 9 percent Hispanic
students;
``(C) has been effective in carrying out programs
to recruit Hispanic individuals to enroll in and
graduate from the school;
``(D) has been effective in recruiting and
retaining Hispanic faculty members;
``(E) has a significant number of graduates who are
providing health services to medically underserved
populations or to individuals in health professional
shortage areas; and
``(F) is a Hispanic Center of Excellence in Health
Professions Education designated under section
736(d)(2) of the Public Health Service Act (42 U.S.C.
293(d)(2)).
``(3) Historically black colleges and university.--The term
`historically black college and university' has the meaning
given the term `part B institution' as defined in section 322
of the Higher Education Act of 1965.
``(4) Tribal college or university.--The term `Tribal
College or University' has the meaning given such term in
section 316(b) of the Higher Education Act of 1965.
``(c) Certain Loan Repayment Programs.--In carrying out the
National Health Service Corps Loan Repayment Program established under
subpart III of part D of title III and the loan repayment program under
section 317F, the Secretary shall ensure, notwithstanding such subpart
or section, that loan repayments of not less than $50,000 per year per
person are awarded for repayment of loans incurred for enrollment or
participation of underrepresented minority individuals in health
professional schools and other health programs described in this
section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2023 through 2028.''.
SEC. 3171204. LOAN REPAYMENT PROGRAM OF CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Section 317F(c)(1) of the Public Health Service Act (42 U.S.C.
247b-7(c)(1)) is amended--
(1) by striking ``and'' after ``1994,''; and
(2) by inserting before the period at the end the
following: ``, $750,000 for fiscal year 2020, and such sums as
may be necessary for each of the fiscal years 2023 through
2027''.
SEC. 3171205. STUDY AND REPORT ON STRATEGIES FOR INCREASING DIVERSITY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on strategies for increasing the diversity of the
health professional workforce. Such study shall include an analysis of
strategies for increasing the number of health professionals from
rural, lower income, and underrepresented minority communities,
including which strategies are most effective for achieving such goal.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the study conducted under subsection (a), together with recommendations
for such legislation and administrative action as the Comptroller
General determines appropriate.
SEC. 3171206. AMENDMENTS TO THE PANDEMIC EBT ACT.
Section 1101 of the Families First Coronavirus Response Act (Public
Law 116-127) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal year 2020'' and inserting
``fiscal years 2022 and 2023'';
(B) by striking ``during which the school would
otherwise be in session''; and
(C) by inserting ``until the school reopens'' after
``assistance'';
(2) in subsection (b)--
(A) by inserting ``and State agency plans for child
care covered children in accordance with subsection
(i)'' after ``with eligible children'';
(B) by inserting ``, a plan to enroll children who
become eligible children during a public health
emergency designation'' before ``, and issuances'';
(C) by striking ``in an amount not less than the
value of meals at the free rate over the course of 5
school days'' and inserting ``in accordance with
subsection (h)(1)''; and
(D) by inserting ``and for each child care covered
child in the household'' before the period at the end;
(3) in subsection (c), by inserting ``or child care
center'' after ``school'';
(4) by amending subsection (e) to read as follows:
``(e) Release of Information.--Notwithstanding any other provision
of law, the Secretary of Agriculture may authorize--
``(1) State educational agencies and school food
authorities administering a school lunch program under the
Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) to release to appropriate officials administering the
supplemental nutrition assistance program such information as
may be necessary to carry out this section with respect to
eligible children; and
``(2) State agencies administering a child and adult care
food program under section 17 of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766) to release to
appropriate officials administering the supplemental nutrition
assistance program such information as may be necessary to
carry out this section with respect to child care covered
children.'';
(5) by amending subsection (g) to read as follows:
``(g) Availability of Commodities.--
``(1) In general.--Subject to paragraph (2), during fiscal
year 2020, the Secretary of Agriculture may purchase
commodities for emergency distribution in any area of the
United States during a public health emergency designation.
``(2) Purchases.--Funds made available to carry out this
subsection on or after the date of the enactment of the Child
Nutrition and Related Programs Recovery Act may only be used to
purchase commodities for emergency distribution--
``(A) under commodity distribution programs and
child nutrition programs that were established and
administered by the Food and Nutrition Service on or
before the day before the date of the enactment of the
Families First Coronavirus Response Act (Public Law
116-127);
``(B) to Tribal organizations (as defined in
section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012)), that are not administering the food
distribution program established under section 4(b) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b));
or
``(C) to emergency feeding organizations that are
eligible recipient agencies (as such terms are defined
in section 201A of the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501)).''.
(6) by redesignating subsections (h) and (i) as subsections
(l) and (m);
(7) by inserting after subsection (g) the following:
``(h) Amount of Benefits.--
``(1) In general.--A household shall receive benefits under
this section in an amount equal to 1 breakfast and 1 lunch at
the free rate for each eligible child or child care covered
child in such household for each day.
``(2) Treatment of newly eligible children.--In the case of
a child who becomes an eligible child during a public health
emergency designation, the Secretary and State agency shall--
``(A) if such child becomes an eligible child
during school year 2019-2020, treat such child as if
such child was an eligible child as of the date the
school in which the child is enrolled closed; and
``(B) if such child becomes an eligible child after
school year 2019-2020, treat such child as an eligible
child as of the first day of the month in which such
child becomes so eligible.
``(i) Child Care Covered Child Assistance.--
``(1) In general.--During fiscal years 2022 and 2023, in
any case in which a child care center is closed for at least 5
consecutive days during a public health emergency designation,
each household containing at least 1 member who is a child care
covered child attending the child care center shall be eligible
until the schools in the State in which such child care center
is located reopen, as determined by the Secretary, to receive
assistance pursuant to--
``(A) a State agency plan approved under subsection
(b) that includes--
``(i) an application by the State agency
seeking to participate in the program under
this subsection; and
``(ii) a State agency plan for temporary
emergency standards of eligibility and levels
of benefits under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) for households
with child care covered children; or
``(B) an addendum application described in
paragraph (2).
``(2) Addendum application.--In the case of a State agency
that submits a plan to the Secretary of Agriculture under
subsection (b) that does not include an application or plan
described in clauses (i) and (ii) of paragraph (1)(A), such
State agency may apply to participate in the program under this
subsection by submitting to the Secretary of Agriculture an
addendum application for approval that includes a State agency
plan described in such clause (ii).
``(3) Requirements for participation.--A State agency may
not participate in the program under this subsection if--
``(A) the State agency plan submitted by such State
agency under subsection (b) with respect to eligible
children is not approved by the Secretary under such
subsection; or
``(B) the State agency plan submitted by such State
agency under subsection (b) or this subsection with
respect to child care covered children is not approved
by the Secretary under either such subsection.
``(4) Automatic enrollment.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall deem a child who is less than 6 years
of age to be a child care covered child eligible to
receive assistance under this subsection if--
``(i) the household with such child attests
that such child is a child care covered child;
``(ii) such child resides in a household
that includes an eligible child;
``(iii) such child receives cash assistance
benefits under the temporary assistance for
needy families program under part A of title IV
of the Social Security Act (42 U.S.C. 601 et
seq.);
``(iv) such child receives assistance under
the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9857 et seq.);
``(v) such child is--
``(I) enrolled as a participant in
a Head Start program authorized under
the Head Start Act (42 U.S.C. 9831 et
seq.);
``(II) a foster child whose care
and placement is the responsibility of
an agency that administers a State plan
under part B or E of title IV of the
Social Security Act (42 U.S.C. 621 et
seq.);
``(III) a foster child who a court
has placed with a caretaker household;
or
``(IV) a homeless child or youth
(as defined in section 725(2) of the
McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a(2)));
``(vi) such child participates in the
special supplemental nutrition program for
women, infants, and children under section 17
of the Child Nutrition Act of 1966 (42 U.S.C.
1786);
``(vii) through the use of information
obtained by the State agency for the purpose of
participating in the supplemental nutrition
assistance program under the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), the State
agency elects to treat as a child care covered
child each child less than 6 years of age who
is a member of a household that receives
supplemental nutrition assistance program
benefits under such Act; or
``(viii) the State in which such child
resides determines that such child is a child
care covered child, using State data approved
by the Secretary.
``(B) Acceptance of any form of automatic
enrollment.--
``(i) One category.--For purposes of
deeming a child to be a child care covered
child under subparagraph (A), a State agency
may not be required to show that a child meets
more than one requirement specified in clauses
(i) through (viii) of such subparagraph.
``(ii) Deeming requirement.--If a State
agency submits to the Secretary information
that a child meets any one of the requirements
specified in clauses (i) through (viii) of
subparagraph (A), the Secretary shall deem such
child a child care covered child under such
subparagraph.
``(j) Exclusions.--The provisions of section 16 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025) relating to quality control shall
not apply with respect to assistance provided under this section.
``(k) Feasibility Analysis.--
``(1) In general.--Not later than 30 days after the date of
the enactment of the Child Nutrition and Related Programs
Recovery Act, the Secretary shall submit to the Education and
Labor Committee and the Agriculture Committee of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on--
``(A) the feasibility of implementing the program
for eligible children under this section using an EBT
system in Puerto Rico, the Commonwealth of the Northern
Mariana Islands, and American Samoa similar to the
manner in which the supplemental nutrition assistance
program under the Food and Nutrition Act of 2008 is
operated in the States, including an analysis of---
``(i) the current nutrition assistance
program issuance infrastructure;
``(ii) the availability of--
``(I) an EBT system, including the
ability for authorized retailers to
accept EBT cards; and
``(II) EBT cards;
``(iii) the ability to limit purchases
using nutrition assistance program benefits to
food for home consumption; and
``(iv) the availability of reliable data
necessary for the implementation of such
program under this section for eligible
children and child care covered children,
including the names of such children and the
mailing addresses of their households; and
``(B) the feasibility of implementing the program
for child care covered children under subsection (i) in
Puerto Rico, the Commonwealth of the Northern Mariana
Islands, and American Samoa, including with respect to
such program each analysis specified in clauses (i)
through (iv) of subparagraph (A).
``(2) Contingent availability of participation.--Beginning
30 days after the date of the enactment of the Child Nutrition
and Related Programs Recovery Act, Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and American
Samoa may each--
``(A) submit a plan under subsection (b), unless
the Secretary makes a finding, based on the analysis
provided under paragraph (1)(A), that the
implementation of the program for eligible children
under this section is not feasible in such territories;
and
``(B) submit a plan under subsection (i), unless
the Secretary makes a finding, based on the analysis
provided under paragraph (1)(B), that the
implementation of the program for child care covered
children under subsection (i) is not feasible in such
territories.
``(3) Treatment of plans submitted by territories.--
Notwithstanding any other provision of law, with respect to a
plan submitted pursuant to this subsection by Puerto Rico, the
Commonwealth of the Northern Mariana Islands, or American Samoa
under subsection (b) or subsection (i), the Secretary shall
treat such plan in the same manner as a plan submitted by a
State agency under such subsection, including with respect to
the terms of funding provided under subsection (m).'';
(8) in subsection (l), as redesigned by paragraph (7)--
(A) by redesignating paragraph (1) as paragraph
(3);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (5) and (6), respectively;
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) The term `child care center' means an organization
described in subparagraph (A) or (B) of section 17(a)(2) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(a)(2)) and a family or group day care home.
``(2) The term `child care covered child' means a child
served under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) who, if not for the closure
of the child care center attended by the child during a public
health emergency designation and due to concerns about a COVID-
19 outbreak, would receive meals under such section at the
child care center.''; and
(D) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) The term `free rate' means--
``(A) with respect to a breakfast, the rate of a
free breakfast under the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
``(B) with respect to a lunch, the rate of a free
lunch under the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1771 et
seq.).''; and
(9) in subsection (m), as redesignated by paragraph (7), by
inserting ``(including all administrative expenses)'' after
``this section''.
PART 13--PUBLIC HEALTH ASSISTANCE TO TRIBES
SEC. 3171301. APPROPRIATIONS FOR THE INDIAN HEALTH SERVICE.
HEROES Act Division A, Title V- Department of Health & Human
Services- Indian Health Service- the $2.1 billion in COVID-19 response
funding for the Indian Health Service.
SEC. 3171302. IMPROVING STATE, LOCAL, AND TRIBAL PUBLIC HEALTH
SECURITY.
Section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a)
is amended--
(1) in the section heading, by striking ``and local'' and
inserting ``, local, and tribal'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``or''
at the end;
(ii) in subparagraph (C), by striking
``and'' at the end and inserting ``or''; and
(iii) by adding at the end the following:
``(D) be an Indian Tribe, Tribal organization, or a
consortium of Indian Tribes or Tribal organizations;
and''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, as applicable'' after
``including'';
(ii) in subparagraph (A)(viii)--
(I) by inserting ``and Tribal''
after ``with State'';
(II) by striking ``(as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965)'' and
inserting ``and Tribal educational
agencies (as defined in sections 8101
and 6132, respectively, of the
Elementary and Secondary Education Act
of 1965)''; and
(III) by inserting ``and Tribal''
after ``and State'';
(iii) in subparagraph (G), by striking
``and tribal'' and inserting ``Tribal, and
urban Indian organization''; and
(iv) in subparagraph (H), by inserting ``,
Indian Tribes, and urban Indian organizations''
after ``public health'';
(3) in subsection (e), by inserting ``Indian Tribes, Tribal
organizations, urban Indian organizations,'' after ``local
emergency plans,'';
(4) in subsection (g)(1), by striking ``tribal officials''
and inserting ``Tribal officials'';
(5) in subsection (h)--
(A) in paragraph (1)(A)--
(i) by striking ``through 2023'' and
inserting ``and 2020''; and
(ii) by inserting before the period ``; and
$690,000,000 for each of fiscal years 2023
through 2025 for awards pursuant to paragraph
(3) (subject to the authority of the Secretary
to make awards pursuant to paragraphs (4) and
(5)) and paragraph (8), of which not less than
$5,000,000 shall be reserved each fiscal year
for awards under paragraph (8)'';
(B) in subsection (h)(2)(B), by striking ``tribal
public'' and inserting ``Tribal public'';
(C) in the heading of paragraph (3), by inserting
``for states'' after ``amount''; and
(D) by adding at the end the following:
``(8) Tribal eligible entities.--
``(A) Determination of funding amount.--
``(i) In general.--The Secretary shall
award at least 10 cooperative agreements under
this section, in amounts not less than the
minimum amount determined under clause (ii), to
eligible entities described in subsection
(b)(1)(D) that submits to the Secretary an
application that meets the criteria of the
Secretary for the receipt of such an award and
that meets other reasonable implementation
conditions established by the Secretary, in
consultation with Indian Tribes, for such
awards. If the Secretary receives more than 10
applications under this section from eligible
entities described in subsection (b)(1)(D) that
meet the criteria and conditions described in
the previous sentence, the Secretary, in
consultation with Indian Tribes, may make
additional awards under this section to such
entities.
``(ii) Minimum amount.--In determining the
minimum amount of an award pursuant to clause
(i), the Secretary, in consultation with Indian
Tribes, shall first determine an amount the
Secretary considers appropriate for the
eligible entity.
``(B) Available until expended.--Amounts provided
to a Tribal eligible entity under a cooperative
agreement under this section for a fiscal year and
remaining unobligated at the end of such year shall
remain available to such entity during the entirety of
the performance period, for the purposes for which said
funds were provided.
``(C) No matching requirement.--Subparagraphs (B),
(C), and (D) of paragraph (1) shall not apply with
respect to cooperative agreements awarded under this
section to eligible entities described in subsection
(b)(1)(D).''; and
(6) by adding at the end the following:
``(l) Special Rules Related to Tribal Eligible Entities.--
``(1) Modifications.--After consultation with Indian
Tribes, the Secretary may make necessary and appropriate
modifications to the program under this section to facilitate
the use of the cooperative agreement program by eligible
entities described in subsection (b)(1)(D).
``(2) Waivers.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary may waive or specify
alternative requirements for any provision of this
section (including regulations) that the Secretary
administers in connection with this section if the
Secretary finds that the waiver or alternative
requirement is necessary for the effective delivery and
administration of this program with respect to eligible
entities described in subsection (b)(1)(D).
``(B) Exception.--The Secretary may not waive or
specify alternative requirements under subparagraph (A)
relating to labor standards or the environment.
``(3) Consultation.--The Secretary shall consult with
Indian Tribes and Tribal organizations on the design of this
program with respect to such Tribes and organizations to ensure
the effectiveness of the program in enhancing the security of
Indian Tribes with respect to public health emergencies.
``(4) Reporting.--
``(A) In general.--Not later than 2 years after the
date of enactment of this subsection, and as an
addendum to the biennial evaluations required under
subsection (k), the Secretary, in coordination with the
Director of the Indian Health Service, shall--
``(i) conduct a review of the
implementation of this section with respect to
eligible entities described in subsection
(b)(1)(D), including any factors that may have
limited its success; and
``(ii) submit a report describing the
results of the review described in clause (i)
to--
``(I) the Committee on Indian
Affairs, the Committee on Health,
Education, Labor and Pensions, and the
Committee on Appropriations of the
Senate; and
``(II) the Subcommittee for
Indigenous Peoples of the United States
of the Committee on Natural Resources,
the Committee on Energy and Commerce,
and the Committee on Appropriations of
the House of Representatives.
``(B) Analysis of tribal public health emergency
infrastructure limitation.--The Secretary shall include
in the initial report submitted under subparagraph (A)
a description of any public health emergency
infrastructure limitation encountered by eligible
entities described in subsection (b)(1)(D).''.
SEC. 3171303. PROVISION OF ITEMS TO INDIAN PROGRAMS AND FACILITIES.
(a) Strategic National Stockpile.--Section 319F-2(a)(3)(G) of the
Public Health Service Act (42 U.S.C. 247d-6b(a)(3)(G)) is amended by
inserting ``, and, in the case that the Secretary deploys the stockpile
under this subparagraph, ensure, in coordination with the applicable
States and programs and facilities, that appropriate drugs, vaccines
and other biological products, medical devices, and other supplies are
deployed by the Secretary directly to health programs or facilities
operated by the Indian Health Service, an Indian Tribe, a Tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)), or
an inter-Tribal consortium (as defined in section 501 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5381)) or
through an urban Indian organization (as defined in section 4 of the
Indian Health Care Improvement Act), while avoiding duplicative
distributions to such programs or facilities'' before the semicolon.
(b) Distribution of Qualified Pandemic or Epidemic Products to IHS
Facilities.--Title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by inserting after section 319F-4 the following:
``SEC. 319F-5. DISTRIBUTION OF QUALIFIED PANDEMIC OR EPIDEMIC PRODUCTS
TO INDIAN PROGRAMS AND FACILITIES.
``In the case that the Secretary distributes qualified pandemic or
epidemic products (as defined in section 319F-3(i)(7)) to States or
other entities, the Secretary shall ensure, in coordination with the
applicable States and programs and facilities, that, as appropriate,
such products are distributed directly to health programs or facilities
operated by the Indian Health Service, an Indian Tribe, a Tribal
organization (as those terms are defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304)), or
an inter-Tribal consortium (as defined in section 501 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5381)) or
through an urban Indian organization (as defined in section 4 of the
Indian Health Care Improvement Act), while avoiding duplicative
distributions to such programs or facilities.''.
SEC. 3171304. HEALTH CARE ACCESS FOR URBAN NATIVE VETERANS.
Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
1645) is amended--
(1) in subsection (a)(1), by inserting ``urban Indian
organizations,'' before ``and tribal organizations''; and
(2) in subsection (c)--
(A) by inserting ``urban Indian organization,''
before ``or tribal organization''; and
(B) by inserting ``an urban Indian organization,''
before ``or a tribal organization''.
SEC. 3171305. PROPER AND REIMBURSED CARE FOR NATIVE VETERANS.
Section 405(c) of the Indian Health Care Improvement Act (25 U.S.C.
1645(c)) is amended by inserting before the period at the end the
following: ``, regardless of whether such services are provided
directly by the Service, an Indian tribe, or tribal organization,
through contract health services, or through a contract for travel
described in section 213(b)''.
TITLE IV--ENVIRONMENTAL JUSTICE
Subtitle A--100% Clean Economy
SEC. 40101. SHORT TITLE.
This subtitle may be cited as the ``100% Clean Economy Act of
2020''.
SEC. 40102. NATIONAL GOAL.
It is hereby declared that it is the national goal for the United
States to achieve a 100 percent clean economy by not later than 2050.
SEC. 40103. FINDINGS.
Congress makes the following findings:
(1) In 2018, the United Nations Intergovernmental Panel on
Climate Change released a report which projected that the
global mean surface temperature of the Earth could rise 1.5 C
above preindustrial levels as early as 2030. Increases beyond
this threshold would likely have devastating effects on our
society.
(2) The 2018 report indicates that to prevent 1.5 C of
warming above preindustrial levels, emissions from human
sources must be reduced by 40 to 60 percent from 2010 levels by
2030, and to net zero emissions by 2050.
(3) The Federal Government can and must play a leading role
in global efforts to minimize climate change and to mitigate
its worst effects. By achieving a 100 percent clean economy by
2050, the United States can take a critical step toward meeting
that obligation.
(4) Greenhouse gas pollution, like many other forms of
pollution, adversely affects human beings on both local and
global scales. These effects are intersectional and accretive,
and the cumulative impact of past and present pollution has
fallen disproportionately upon already-vulnerable and -
marginalized communities, including communities of color,
Tribal and indigenous communities, low-income communities, and
rural communities. Current and future effects of climate
change, including adverse health effects and other harms, are
being and will likely continue to be felt first and most
severely in many of these same vulnerable communities.
(5) Governmental action to correct environmental injustice
is morally imperative and necessary for public health. Federal
policy can and should acknowledge, and make use of, the
intersections between the interlinked challenges of correcting
environmental injustice and reducing greenhouse gas pollution.
(6) At the same time, American workers and communities are
also suffering from economic inequality and wages are not
keeping up with the cost of living for healthcare and other
necessities. The trend downward in union representation and the
bargaining power that provides for workers has corresponded
with an increase in income going to the top 10 percent of
earners. Federal climate policy can and should be shaped to
diminish economic inequality and expand the rights of workers.
(7) All people deserve clean air, clean water, a life free
from toxic pollution that endanger public health or welfare,
and to share in the benefits of a 100 percent clean economy.
(8) Sound climate policies to achieve a 100 percent clean
economy will spur the development and manufacturing of new
technologies, the construction and repair of infrastructure,
the restoration of natural systems for resilience and carbon
sequestration, and the creation of new high-quality jobs. These
investments can help ensure the competitiveness of the United
States in the global economy.
(9) As the Federal Government seeks to combat climate
change, these new resources and opportunities should be
concentrated, as quickly as possible and to the greatest extent
practicable, in communities that are currently experiencing or
potentially face disproportionate harm from pollution, and that
face greater challenges in the transition to a 100 percent
clean economy.
SEC. 40104. FEDERAL AGENCY PLANS.
(a) Plan Development.--The head of each Federal agency shall, in
accordance with this section, develop a plan for actions to be taken by
the Federal agency, consistent with the Federal agency's mission and
exclusively through authorities vested in the Federal agency by
provisions of law other than this subtitle, to achieve, in combination
with the other Federal agencies, the national goal declared by section
40102. Each Federal agency's plan shall include actions that will--
(1) make significant and rapid progress toward meeting such
national goal; and
(2) constitute a substantial change from business-as-usual
policies and practices of such Federal agency.
(b) Actions To Meet Goals.--
(1) In general.--Actions selected by the head of a Federal
agency to include in a plan developed under subsection (a) may
include issuing regulations, providing incentives, carrying out
research and development programs, reducing the greenhouse gas
emissions of such Federal agency itself, and any other action
the head of the Federal agency determines appropriate to
achieve the national goal declared by section 40102.
(2) Selection.--In selecting actions to include in a plan
developed under subsection (a), the head of each Federal agency
shall select actions designed to--
(A) improve public health, resilience, and
environmental outcomes, especially for rural and low-
income households, communities of color, Tribal and
indigenous communities, deindustrialized communities,
and communities that are disproportionately vulnerable
to the impacts of climate change and other pollution;
(B) provide benefits for consumers, small
businesses, farmers and ranchers, and rural
communities;
(C) prioritize infrastructure investment that
reduces emissions of greenhouse gases and other
pollutants, creates quality jobs, and makes communities
more resilient to the effects of climate change;
(D) enhance quality job creation and raise labor
standards across the United States economy, including
removing policy barriers to labor union organizing,
protecting labor agreements, applying prevailing wage,
safety and health protections, domestic content, and
other provisions;
(E) lead in clean and emerging technology
production and manufacturing across the supply chain
and align policies to ensure United States companies
retain their competitive edge in a clean economy;
(F) ensure fairness and equity for workers and
communities affected by the transition to a 100 percent
clean economy; and
(G) prepare communities for climate change impacts
and risks.
(c) Proposed Plan.--
(1) Public comment.--Not later than 6 months after the date
of enactment of this Act, the head of each Federal agency shall
make the proposed plan of the Federal agency developed under
subsection (a) available for public comment.
(2) Interagency review.--Not later than 9 months after the
date of enactment of this Act, the head of a Federal agency,
after considering public comments and revising a proposed plan
developed under subsection (a), as appropriate, shall submit
the proposed plan to the Administrator for review and comment.
The Administrator, in consultation with the Secretary where
appropriate, shall--
(A) evaluate the sufficiency of each such proposed
plan individually, and in combination with the proposed
plans of other Federal agencies, to achieve the
national goal declared by section 40102; and
(B) provide, not later than 90 days after receiving
the proposed plan of a Federal agency, written
recommendations to such Federal agency to ensure that
the plan is individually, and in combination with the
proposed plans of other Federal agencies, sufficient to
achieve the national goal declared by section 40102 and
advance the objectives listed in subsection (b)(2).
(d) Submission.--Not later than 15 months after the date of
enactment of this Act, the head of each Federal agency shall make
public and submit to Congress--
(1) a plan developed under subsection (a) that incorporates
revisions to the proposed plan, as appropriate, to address the
recommendations provided by the Administrator under subsection
(c);
(2) the recommendations provided by the Administrator under
subsection (c); and
(3) recommendations of the Federal agency on additional
authority for the Federal agency, if any, that would be helpful
for such Federal agency, in combination with the other Federal
agencies, to achieve the national goal declared by section
40102.
(e) Technical Assistance.--The Administrator, in consultation with
the Secretary as appropriate, shall provide technical assistance upon
request by any Federal agency in developing or revising a plan under
this section.
(f) Implementation.--Beginning not later than 15 months after the
date of enactment of this Act, the head of each Federal agency shall
implement the plan of the Federal agency developed under subsection (a)
and submitted to Congress under subsection (d).
(g) Revisions.--Not less frequently than every 24 months after the
head of a Federal agency submits to Congress the Federal agency's plan
under subsection (d), the head of such Federal agency, in consultation
with the Administrator, shall review and revise the plan to ensure it
is sufficient to achieve, in combination with the plans of the other
Federal agencies, the national goal declared by section 40102. The head
of each Federal agency shall include the conclusion of each such review
and any revised plan resulting from such review in the next annual
report required under subsection (h).
(h) Annual Report.--Not later than March 31 of the calendar year
after the calendar year in which each Federal agency is required to
submit to Congress a plan under subsection (d), and not later than
March 31 of each year thereafter, the head of each Federal agency shall
issue a public report on the plan of such Federal agency (including any
revisions to such plan), actions taken by the Federal agency pursuant
to such plan, and the effects of such actions, during the preceding
calendar year.
SEC. 40105. ACCOUNTABILITY.
(a) EPA Review and Reports.--The Administrator shall--
(1) monitor the overall progress of the United States in
reducing greenhouse gas emissions and toward achieving the
national goal declared by section 40102; and
(2) not later than September 30 of the calendar year after
the calendar year in which each Federal agency is required to
submit to Congress a plan under section 40104(d), and not later
than September 30 of each year thereafter, submit to Congress
and publish a report on such progress that includes--
(A) a review of how such greenhouse gas emissions
reductions relate to the international commitments of
the United States; and
(B) recommendations developed under subsection (b).
(b) Recommendations.--The Administrator shall include--
(1) in each annual report submitted under subsection (a),
as appropriate, after consulting with the Secretary and
considering any recommendations of the Advisory Committee,
recommendations regarding the rate of progress of the United
States toward achieving the national goal declared by section
40102; and
(2) in an appendix to each such annual report, the
recommendations of the Advisory Committee.
SEC. 40106. CLEAN ECONOMY FEDERAL ADVISORY COMMITTEE.
(a) Establishment.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall--
(1) establish an advisory committee, to be known as the
Clean Economy Federal Advisory Committee, to make
recommendations described in subsection (c); and
(2) appoint the following members to the Advisory Committee
that reflect diversity in gender, age, race, and geography:
(A) Two members who are State officials from
different States, including at least 1 official from a
State that has adopted greenhouse gas reduction
targets.
(B) Two members who are local government officials
from different States than the States represented by
the members appointed pursuant to subparagraph (A),
including--
(i) 1 official from a city or county that
has adopted greenhouse gas reduction targets;
and
(ii) 1 official from a city or county that
is impacted by the transition away from fossil
energy.
(C) One member who represents an environmental
nonprofit organization with expertise in mitigation of
greenhouse gas emissions.
(D) Two members who are members of environmental
justice organizations representing environmental
justice communities.
(E) Two members who are members of climate justice
organizations representing communities on the front
lines of climate change.
(F) Two members who are representatives of Tribal
communities, including--
(i) 1 member from a community impacted by
pollution from the fossil fuel industry; and
(ii) 1 member from a community impacted by
the transition away from fossil energy.
(G) Two members who are members of the National
Academy of Sciences and have expertise in climate
science.
(H) Four members who are employed by organized
labor unions, including--
(i) 1 member from a utility sector union;
(ii) 1 member from a transportation sector
union;
(iii) 1 member from a manufacturing union;
and
(iv) 1 member from a building trades union.
(I) Two members who are employed by the power
sector, including at least 1 member from a business in
the clean energy industry.
(J) Two members of the agriculture industry,
including 1 member who is a farmer or rancher and 1
member who represents an organization that represents
family farms.
(K) Two members from the transportation sector,
including at least 1 member who is a representative of
a public transit industry.
(L) Two members from the manufacturing sector,
including at least 1 member who is from a business that
has committed to net-zero greenhouse gas emissions.
(M) Two members from the commercial and residential
building sector, including at least 1 member who is
from a business that has committed to improving energy
efficiency in commercial or residential buildings.
(N) One member with expertise in public health.
(O) One member who is a young person who is
associated with a climate and environmental
organization.
(b) Organization; Termination.--
(1) Subcommittees.--The Advisory Committee may, as the
Advisory Committee determines appropriate, establish
subcommittees to provide advice to the full Advisory Committee
on matters within the respective subcommittee's area of
expertise. At a minimum, the Advisory Committee shall consider
establishing subcommittees on--
(A) environmental justice;
(B) climate justice;
(C) fairness and equity for workers; and
(D) the transition of communities dependent upon
fossil fuels.
(2) Meetings.--The Advisory Committee shall meet not less
frequently than 3 times in the first year after it is
established, and at least annually thereafter.
(3) Terms.--A member of the Advisory Committee shall be
appointed for a term of 2 years and the Administrator may
reappoint members for no more than 3 consecutive terms.
(4) Vacancies.--Any vacancy in the Advisory Committee shall
be filled by the Administrator in the same manner as the
original appointment and not later than 180 days after the
occurrence of the vacancy.
(5) Chair.--The Advisory Committee shall appoint a chair
from among the members of the Advisory Committee by a majority
of those voting, if a quorum is present.
(6) Quorum.--A \2/3\ majority of members of the full
Advisory Committee shall constitute a quorum.
(7) Applicability of faca.--The Advisory Committee shall be
subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(8) Termination.--The Advisory Committee shall terminate on
December 31, 2050.
(c) Recommendations.--
(1) Interim goals.--Not later than 15 months after the date
of enactment of this Act, and upon the request of the
Administrator thereafter, the Advisory Committee shall submit
to the Administrator recommendations on one or more interim
greenhouse gas emissions reduction goals for the United States
to achieve before achieving the national goal declared by
section 40102.
(2) Annual review.--Not later than June 30 of the calendar
year after the calendar year in which each Federal agency is
required to submit to Congress a plan under section 40104(d),
and not later than June 30 of each year thereafter, and upon
the request of the Administrator, the Advisory Committee may
provide recommendations for the Administrator to consider in
developing recommendations to include in the annual report
required under section 40105.
(3) Other matters.--Upon the request of the Administrator,
or upon the Advisory Committee's initiative, the Advisory
Committee may provide recommendations for the Administrator to
consider regarding any of the matters addressed by this
subtitle.
SEC. 40107. RECOMMENDATIONS FOR INTERIM GOALS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall, after consulting with
the Secretary and obtaining the recommendations of the Advisory
Committee, recommend to Congress one or more interim greenhouse gas
emissions reduction goals for the United States to achieve before
achieving the national goal declared by section 40102. In selecting one
or more such interim goals to recommend to Congress, the Administrator
shall consider--
(1) the best available science on the needed pace of
reducing greenhouse gas emissions to limit global warming to
1.5 C;
(2) the international commitments by the United States to
address climate change, so as to ensure that any interim goal
is, at a minimum, consistent with such commitments; and
(3) the degree of progress considered necessary by a given
date to maximize the likelihood that there is an economically
and technically feasible path forward from such date to achieve
the national goal declared by section 40102.
(b) Updates.--Upon request of Congress, or any new international
commitment by the United States to address climate change, the
Administrator may recommend to Congress revised or additional interim
goals.
SEC. 40108. DEFINITIONS.
For purposes of this subtitle:
(1) Advisory committee.--The term ``Advisory Committee''
means the Clean Economy Federal Advisory Committee established
pursuant to section 40106.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given the term ``agency'' in section 551 of title 5,
United States Code.
(4) Greenhouse gas.--The term ``greenhouse gas'' means the
heat-trapping gases for which the anthropogenic emissions are
estimated and reported in the most recently issued ``Inventory
of U.S. Greenhouse Gas Emissions and Sinks'' prepared annually
by the Environmental Protection Agency in accordance with the
commitments of the United States under the United Nations
Framework Convention on Climate Change.
(5) 100 percent clean economy.--The term ``100 percent
clean economy'' means, with respect to the United States,
economy-wide, net-zero greenhouse gas emissions, or negative
greenhouse gas emissions, after annual accounting for sources
and sinks of anthropogenic greenhouse gas emissions consistent
with the coverage of emissions reported by the United States
under the United Nations Framework Convention on Climate
Change.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
Subtitle B--Environmental Justice For All
SEC. 40201. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This subtitle may be cited as the ``Environmental
Justice For All Act''.
(b) Table of Contents.--The table of contents for this subtitle is
as follows:
Sec. 40201. Short title; table of contents; findings.
Sec. 40202. Statement of policy.
Sec. 40203. Definitions.
Sec. 40204. Prohibited discrimination.
Sec. 40205. Right of action.
Sec. 40206. Rights of recovery.
Sec. 40207. Consideration of cumulative impacts and persistent
violations in certain permitting decisions.
Sec. 40208. Interagency Working Group on Environmental Justice
Compliance and Enforcement.
Sec. 40209. Federal agency actions and responsibilities.
Sec. 40210. Ombudsmen.
Sec. 40211. Access to parks, outdoor spaces, and public recreation
opportunities.
Sec. 40212. Transit to trails grant program.
Sec. 40213. Every Kid Outdoors.
Sec. 40214. Protections for environmental justice communities against
harmful Federal actions.
Sec. 40215. Training of employees of Federal agencies.
Sec. 40216. Environmental justice grant programs.
Sec. 40217. Environmental justice basic training program.
Sec. 40218. National Environmental Justice Advisory Council.
Sec. 40219. Environmental Justice Clearinghouse.
Sec. 40220. Public meetings.
Sec. 40221. Environmental projects for environmental justice
communities.
Sec. 40222. Grants to further achievement of Tribal coastal zone
objectives.
Sec. 40223. Cosmetic labeling.
Sec. 40224. Safer cosmetic alternatives for disproportionately impacted
communities.
Sec. 40225. Safer child care centers, schools, and homes for
disproportionately impacted communities.
Sec. 40226. Certain menstrual products misbranded if labeling does not
include ingredients.
Sec. 40227. Support by National Institute of Environmental Health
Sciences for research on health disparities
impacting communities of color.
Sec. 40228. Revenues for just transition assistance.
Sec. 40229. Economic revitalization for fossil fuel dependent
communities.
Sec. 40230. Evaluation by Comptroller General of the United States.
(c) Findings.--Congress finds the following:
(1) Communities of color, low-income communities, Tribal
and indigenous communities, fossil fuel-dependent communities,
and other vulnerable populations, such as persons with
disabilities, children, and the elderly, are disproportionately
burdened by environmental hazards that include exposure to
polluted air, waterways, and landscapes.
(2) Environmental justice disparities are also exhibited
through a lack of equitable access to green spaces, public
recreation opportunities, and information and data on potential
exposure to environmental hazards.
(3) Communities experiencing environmental injustice have
been subjected to systemic racial, social, and economic
injustices and face a disproportionate burden of adverse human
health or environmental effects, a higher risk of intentional,
unconscious, and structural discrimination, and
disproportionate energy burdens.
(4) Environmental justice communities have been made more
vulnerable to the effects of climate change due to a
combination of factors, particularly the legacy of segregation
and historically racist zoning codes, and often have the least
resources to respond, making it a necessity for environmental
justice communities to be meaningfully engaged as partners and
stakeholders in government decision-making as our nation builds
its climate resilience.
(5) Potential environmental and climate threats to
environmental justice communities merit a higher level of
engagement, review, and consent to ensure that communities are
not forced to bear disproportionate environmental and health
impacts.
(6) The burden of proof that a proposed action will not
harm communities, including through cumulative exposure
effects, should fall on polluting industries and on the Federal
Government in its regulatory role, not the communities
themselves.
(7) Executive Order 12898 (59 Fed. Reg. 32, relating to
Federal Actions To Address Environmental Justice in Minority
Populations and Low-Income Populations) directs Federal
agencies to address disproportionately high and adverse human
health or environmental effects of its programs, but Federal
agencies have been inconsistent in updating their strategic
plans for environmental justice and reporting on their progress
in enacting these plans.
(8) Government action to correct environmental injustices
is a moral imperative. Federal policy can and should improve
public health and improve the overall well-being of all
communities.
(9) All people have the right to breathe clean air, drink
clean water, live free of dangerous levels of toxic pollution,
and share the benefits of a prosperous and vibrant pollution-
free economy.
(10) A fair and just transition to a pollution-free economy
is necessary to ensure that workers and communities in
deindustrialized areas have access to the resources and
benefits of a sustainable future. This transition must also
address the economic disparities experienced by residents
living in areas contaminated by pollution or environmental
degradation, including access to jobs, and members of those
communities must be fully and meaningfully involved in
transition planning processes.
(11) It is the responsibility of the Federal Government to
seek to achieve environmental justice, health equity, and
climate justice for all communities.
SEC. 40202. STATEMENT OF POLICY.
It is the policy of Congress that each Federal agency should--
(1) seek to achieve environmental justice as part of its
mission by identifying and addressing, as appropriate,
disproportionately adverse human health or environmental
effects of its programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
indigenous communities in each State and territory of the
United States;
(2) promote meaningful involvement by communities and due
process in the development, implementation, and enforcement of
environmental laws;
(3) provide direct guidance and technical assistance to
communities experiencing environmental injustice focused on
increasing shared understanding of the science, laws,
regulations, and policy related to Federal agency action on
environmental justice issues;
(4) cooperate with State governments, Tribal Governments,
and local governments to address pollution and public health
burdens in communities experiencing environmental injustice,
and build healthy, sustainable, and resilient communities; and
(5) recognize the right of all people to clean air, safe
and affordable drinking water, protection from climate hazards,
and to the sustainable preservation of the ecological integrity
and aesthetic, scientific, cultural, and historical values of
the natural environment.
SEC. 40203. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory council.--The term ``Advisory Council'' means
the National Environmental Justice Advisory Council established
by the President under section 40218.
(3) Aggrieved person.--The term ``aggrieved person'' means
a person aggrieved by discrimination on the basis of race,
color, or national origin.
(4) Clearinghouse.--The term ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 40219.
(5) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average populations of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(6) Covered agency.--The term ``covered agency'' means an
agency described in section 40208(c).
(7) Demonstrates.--The term ``demonstrates'' means meets
the burdens of going forward with the evidence and of
persuasion.
(8) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(9) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral, actually
has the effect of subjecting persons to discrimination because
of their race, color, or national origin.
(10) Disproportionate burden of adverse human health or
environmental effects.--The term ``disproportionate burden of
adverse human health or environmental effects'' means a
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and indigenous communities.
(11) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, culture, national
origin, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access to any Federal agency action on
environmental justice issues in order to have a healthy
environment in which to live, learn, work, and
recreate.
(12) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing higher or more
adverse human health or environmental effects.
(13) Environmental law.--The term ``environmental law''
includes laws such as the Clean Air Act (42 U.S.C. 7401 et
seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), the Energy Policy Act of 2005, the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.), the
Safe Drinking Water Act (42 U.S.C. 300f et seq.), the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.), and the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.).
(14) Fair treatment.--The term ``fair treatment'' means the
conduct of a program, policy, practice or activity by a Federal
agency in a manner that ensures that no group of individuals
(including racial, ethnic, or socioeconomic groups) experience
a disproportionate burden of adverse human health or
environmental effects resulting from such program, policy,
practice, or activity, as determined through consultation with,
and with the meaningful participation of, individuals from the
communities affected by a program, policy, practice or activity
of a Federal agency.
(15) 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).
(16) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate governmental entity, or
agency or instrumentality of a local government; or
(B) an Indian Tribe or authorized Tribal
organization, or Alaska Native village or organization,
that is not a Tribal Government.
(17) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(18) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, such as (but not
limited to) race, ethnicity, national origin, income-level,
health disparities, or other public health and socioeconomic
attributes.
(19) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(20) Tribal and indigenous community.--The term ``Tribal
and indigenous community'' refers to a population of people who
are members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people
located in a State.
(21) Tribal government.--The term ``Tribal Government''
means the governing body of an Indian Tribe.
(22) Working group.--The term ``Working Group'' means the
Interagency Working Group on Environmental Justice Compliance
and Enforcement established by the President under section
40208.
SEC. 40204. PROHIBITED DISCRIMINATION.
Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is
amended--
(1) by striking ``No'' and inserting ``(a) No''; and
(2) by adding at the end the following:
``(b)(1)(A) Discrimination (including exclusion from participation
and denial of benefits) based on disparate impact is established under
this title if--
``(i) a covered agency has a program, policy, practice, or
activity that causes a disparate impact on the basis of race,
color, or national origin and the covered agency fails to
demonstrate that the challenged program, policy, practice, or
activity is related to and necessary to achieve the
nondiscriminatory goal of the program, policy, practice, or
activity alleged to have been operated in a discriminatory
manner; or
``(ii) a less discriminatory alternative program, policy,
practice, or activity exists, and the covered agency refuses to
adopt such alternative program, policy, practice, or activity.
``(B) With respect to demonstrating that a particular program,
policy, practice, or activity does not cause a disparate impact, the
covered agency shall demonstrate that each particular challenged
program, policy, practice, or activity does not cause a disparate
impact, except that if the covered agency demonstrates to the courts
that the elements of the covered agency's decision-making process are
not capable of separation for analysis, the decision-making process may
be analyzed as 1 program, policy, practice, or activity.
``(2) A demonstration that a program, policy, practice, or activity
is necessary to achieve the goals of a program, policy, practice, or
activity may not be used as a defense against a claim of intentional
discrimination under this title.
``(c) No person in the United States shall be subjected to
discrimination, including retaliation or intimidation, because such
person opposed any program, policy, practice, or activity prohibited by
this title, or because such person made a charge, testified, assisted,
or participated in any manner in an investigation, proceeding, or
hearing under this title.''.
SEC. 40205. RIGHT OF ACTION.
(a) In General.--Section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure to comply with this
title, including any regulation promulgated pursuant to this title, may
file suit in any district court of the United States having
jurisdiction of the parties, without respect to the amount in
controversy and without regard to the citizenship of the parties.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 40206. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against a
covered agency who has engaged in unlawful intentional discrimination
(not a practice that is unlawful because of its disparate impact)
prohibited under this title (including its implementing regulations),
the aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), attorney's fees (including expert
fees), and costs of the action, except that punitive damages are not
available against a government, government agency, or political
subdivision.
``(b) Claims Based on the Disparate Impact Standard of Proof.--In
an action brought by an aggrieved person under this title against a
covered agency who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including implementing
regulations), the aggrieved person may recover attorney's fees
(including expert fees), and costs of the action.''.
SEC. 40207. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT
VIOLATIONS IN CERTAIN PERMITTING DECISIONS.
(a) Federal Water Pollution Control Act.--Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
(1) by striking the section designation and heading and all
that follows through ``Except as'' in subsection (a)(1) and
inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with, as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of the permit--
``(i) based on an analysis by the Administrator of existing
water quality and the potential cumulative impacts (as defined
in section 501 of the Clean Air Act (42 U.S.C. 7661)) of the
discharge, considered in conjunction with the designated and
actual uses of the impacted navigable water, there exists a
reasonable certainty of no harm to the health of the general
population, or to any potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines that, due to those
potential cumulative impacts, there does not exist a reasonable
certainty of no harm to the health of the general population,
or to any potentially exposed or susceptible subpopulation, the
permit or renewal includes such terms and conditions as the
Administrator determines to be necessary to ensure a reasonable
certainty of no harm.''; and
(B) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and
information collection, reporting, and such other
requirements as he deems appropriate.'' and inserting
the following: ``ensure compliance with the
requirements of paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) additional controls or pollution prevention
requirements.''; and
(3) in subsection (b)--
(A) in each of paragraphs (1)(D), (2)(B), and (3)
through (7), by striking the semicolon at the end and
inserting a period;
(B) in paragraph (8), by striking ``; and'' at the
end and inserting a period; and
(C) by adding at the end the following:
``(10) To ensure that no permit will be issued or renewed if, with
respect to an application for the permit, the State determines, based
on an analysis by the State of existing water quality and the potential
cumulative impacts (as defined in section 501 of the Clean Air Act (42
U.S.C. 7661)) of the discharge, considered in conjunction with the
designated and actual uses of the impacted navigable water, that the
terms and conditions of the permit or renewal would not be sufficient
to ensure a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or susceptible
subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure to a public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission, discharge, or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and other factors that may heighten
vulnerability to environmental pollution and associated
health risks, including socioeconomic
characteristics.''.
(2) Permit programs.--Section 502(b) of the Clean Air Act
(42 U.S.C. 7661a(b)) is amended--
(A) in paragraph (5)--
(i) in subparagraphs (A) and (C), by
striking ``assure'' each place it appears and
inserting ``ensure''; and
(ii) by striking subparagraph (F) and
inserting the following:
``(F) ensure that no permit will be issued or
renewed, as applicable, if--
``(i) with respect to an application for a
permit or renewal of a permit for a major
source, the permitting authority determines
under paragraph (9)(A)(i)(II)(bb) that the
terms and conditions of the permit or renewal
would not be sufficient to ensure a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, of the
applicable census block groups or Tribal census
block groups (as those terms are defined by the
Director of the Bureau of the Census); or
``(ii) the Administrator objects to the
issuance of the permit in a timely manner under
this title.''; and
(B) by amending paragraph (9) to read as follows:
``(9) Major sources.--
``(A) In general.--With respect to any permit or
renewal of a permit, as applicable, for a major source,
a requirement that the permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the major source,
as described in the applicable
cumulative impacts analysis submitted
under section 503(b)(3), taking into
consideration other pollution sources
and risk factors within a community;
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census block groups or Tribal
census block groups (as those terms are
defined by the Director of the Bureau
of the Census) located in, or
immediately adjacent to, the area in
which the major source is, or is
proposed to be, located--
``(aa) include in the
permit or renewal such
standards and requirements
(including additional controls
or pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no such
harm; or
``(bb) if the permitting
authority determines that
standards and requirements
described in item (aa) would
not be sufficient to ensure a
reasonable certainty of no such
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
Environmental Justice for All Act;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (II)(bb)--
``(aa) require the
applicant to submit a plan that
describes--
``(AA) if the
applicant is not in
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(BB) measures the
applicant will carry
out, or has carried out
to ensure the applicant
will remain in
compliance with this
Act, and to mitigate
the environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a plan is
submitted, determine whether
the plan is adequate to
ensuring that the applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the
redemption plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the plan submitted
under subclause (IV)(aa) is
inadequate; or
``(bb)(AA) the applicant
has submitted a plan on a prior
occasion, but continues to be a
persistent violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent violations; and
``(ii) in the case of such a permit with a
term of 3 years or longer, require permit
revisions in accordance with subparagraph (B).
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii) shall occur as
expeditiously as practicable and consistent
with the procedures established under paragraph
(6) but not later than 18 months after the
promulgation of such standards and regulations.
``(ii) Exception.--A revision under this
paragraph shall not be required if the
effective date of the standards or regulations
is a date after the expiration of the permit
term.
``(iii) Treatment as renewal.--A permit
revision under this paragraph shall be treated
as a permit renewal if it complies with the
requirements of this title regarding
renewals.''.
(3) Permit applications.--Section 503(b) of the Clean Air
Act (42 U.S.C. 7661b(b)) is amended by adding at the end the
following:
``(3) Major Source Analyses.--The regulations required by section
502(b) shall include a requirement that an applicant for a permit or
renewal of a permit for a major source shall submit, together with the
compliance plan required under this subsection, a cumulative impacts
analysis for each census block group or Tribal census block group (as
those terms are defined by the Director of the Bureau of the Census)
located in, or immediately adjacent to, the area in which the major
source is, or is proposed to be, located that analyzes--
``(A) community demographics and locations of community
exposure points, such as schools, day care centers, nursing
homes, hospitals, health clinics, places of religious worship,
parks, playgrounds, and community centers;
``(B) air quality and the potential effect on that air
quality of emissions of air pollutants (including pollutants
listed under section 108 or 112) from the major source,
including in combination with existing sources of pollutants;
``(C) the potential effects on soil quality and water
quality of emissions of lead and other air pollutants that
could contaminate soil or water from the major source,
including in combination with existing sources of pollutants;
and
``(D) public health and any potential effects on public
health from the major source.''.
SEC. 40208. INTERAGENCY WORKING GROUP ON ENVIRONMENTAL JUSTICE
COMPLIANCE AND ENFORCEMENT.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the President shall establish a working group,
to be known as the Interagency Working Group on Environmental Justice
Compliance and Enforcement.
(b) Purposes.--The purposes of the Working Group are--
(1) to improve coordination and collaboration among Federal
agencies and to help advise and assist Federal agencies in
identifying and addressing, as appropriate, the
disproportionate human health and environmental effects of
Federal programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
indigenous communities;
(2) to promote meaningful involvement and due process in
the development, implementation, and enforcement of
environmental laws;
(3) to coordinate with, and provide direct guidance and
technical assistance to, environmental justice communities,
with a focus on increasing community understanding of the
science, regulations, and policy related to Federal agency
actions on environmental justice issues; and
(4) to address environmental health, pollution, and public
health burdens in environmental justice communities, and build
healthy, sustainable, and resilient communities.
(c) Composition.--The Working Group shall be composed of members as
follows (or their designee):
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of Defense.
(4) The Secretary of Education.
(5) The Secretary of Energy.
(6) The Secretary of Health and Human Services.
(7) The Secretary of Homeland Security.
(8) The Secretary of Housing and Urban Development.
(9) The Secretary of the Interior.
(10) The Attorney General.
(11) The Secretary of Labor.
(12) The Secretary of Transportation.
(13) The Administrator of the Environmental Protection
Agency.
(14) The Director of the Office of Management and Budget.
(15) The Director of the Office of Science and Technology
Policy.
(16) The Deputy Assistant to the President for
Environmental Policy.
(17) The Assistant to the President for Domestic Policy.
(18) The Director of the National Economic Council.
(19) The Chairperson of the Council on Environmental
Quality.
(20) The Chairperson of the Council of Economic Advisers.
(21) The Director of the National Institutes of Health.
(22) The Director of the Office of Environmental Justice.
(23) The Chairperson of the Consumer Product Safety
Commission.
(24) The Chairperson of the Chemical Safety Board.
(25) The Director of the National Park Service.
(26) The Assistant Secretary of the Bureau of Indian
Affairs.
(27) The Chairperson of the National Environmental Justice
Advisory Council.
(28) The head of any other agency that the President may
designate.
(d) Governance.--The Chairperson of the Council on Environmental
Quality shall serve as Chairperson of the Working Group.
(e) Report to President.--The Working Group shall report to the
President through the Chairperson of the Council on Environmental
Quality.
(f) Uniform Consideration Guidance.--
(1) In general.--To ensure that there is a common level of
understanding of terminology used in dealing with environmental
justice issues, not later than 1 year after the date of
enactment of this Act, after coordinating with and conducting
outreach to environmental justice communities, State
governments, Tribal Governments, and local governments, the
Working Group shall develop and publish in the Federal Register
a guidance document to assist Federal agencies in defining and
applying the following terms:
(A) Health disparities.
(B) Environmental exposure disparities.
(C) Demographic characteristics, including age,
sex, and race or ethnicity.
(D) Social stressors, including poverty, housing
quality, access to health care, education, immigration
status, linguistic isolation, historical trauma, and
lack of community resources.
(E) Cumulative impacts or risks.
(F) Community vulnerability or susceptibility to
adverse human health and environmental effects
(including climate change).
(G) Barriers to meaningful involvement in the
development, implementation, and enforcement of
environmental laws.
(H) Community capacity to address environmental
concerns, including the capacity to obtain equitable
access to environmental amenities.
(2) Public comment.--For a period of not less than 30 days,
the Working Group shall seek public comment on the guidance
document developed under paragraph (1).
(3) Documentation.--Not later than 90 days after the date
of publication of the guidance document under paragraph (1),
the head of each Federal agency participating in the Working
Group shall document the ways in which the Federal agency will
incorporate guidance from the document into the environmental
justice strategy of the Federal agency developed and finalized
under section 40209(b).
(g) Development of Interagency Federal Environmental Justice
Strategy.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, after notice and opportunity for public
comment, the Working Group shall develop and issue a
coordinated interagency Federal environmental justice strategy.
(2) Consideration.--In carrying out paragraph (1), the
Working Group shall consider each environmental justice
strategy developed and finalized by each Federal agency that
participates in the Working Group under section 40209(b).
(h) Report to President.--
(1) In general.--Not later than 180 days after the date
described in subsection (g)(1), the Working Group shall submit
to the President a report that contains--
(A) a description of the implementation of the
interagency Federal environmental justice strategy; and
(B) a copy of the finalized environmental justice
strategy of each Federal agency that participates in
the Working Group that is developed and finalized under
section 40209(b).
(2) Public availability.--The head of each Federal agency
that participates in the Working Group shall make the report
described in paragraph (1) available to the public (including
by posting a copy of the report on the website of each Federal
agency).
SEC. 40209. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES.
(a) Conduct of Programs.--Each Federal agency that participates in
the Working Group shall conduct each program, policy, practice, and
activity of the Federal agency that adversely affects, or has the
potential to adversely affect, human health or the environment in a
manner that ensures that each such program, policy, practice, or
activity does not have an effect of excluding any individual from
participating in, denying any individual the benefits of, or subjecting
any individual to discrimination or disparate impact under, such
program, policy, practice, or activity of the Federal agency because of
the race, color, national origin, or income level of the individual.
(b) Federal Agency Environmental Justice Strategies.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and after notice and opportunity for
public comment, each Federal agency that participates in the
Working Group shall develop and finalize an agencywide
environmental justice strategy that--
(A) identifies staff to support implementation of
the Federal agency's environmental justice strategy;
(B) identifies and addresses any disproportionately
high or adverse human health or environmental effects
of its programs, policies, practices, and activities
on--
(i) communities of color;
(ii) low-income communities; and
(iii) Tribal and indigenous communities;
and
(C) complies with each requirement described in
paragraph (2).
(2) Contents.--Each environmental justice strategy
developed by a Federal agency under paragraph (1) shall
contain--
(A) an assessment that identifies each program,
policy, practice, and activity (including any public
participation process) of the Federal agency, relating
to human health or the environment that the Federal
agency determines should be revised--
(i) to ensure that all persons have the
same degree of protection from environmental
and health hazards;
(ii) to ensure meaningful public
involvement and due process in the development,
implementation, and enforcement of all Federal
laws;
(iii) to improve direct guidance and
technical assistance to environmental justice
communities with respect to the understanding
of the science, regulations, and policy related
to Federal agency action on environmental
justice issues;
(iv) to improve cooperation with State
governments, Tribal Governments, and local
governments to address pollution and public
health burdens in environmental justice
communities, and build healthy, sustainable,
and resilient communities;
(v) to improve Federal research and data
collection efforts related to--
(I) the health and environment of
communities of color, low-income
communities, and Tribal and indigenous
communities;
(II) climate change; and
(III) the inequitable distribution
of burdens and benefits of the
management and use of natural
resources, including water, minerals,
or land; and
(vi) to reduce or eliminate
disproportionately adverse human health or
environmental effects on communities of color,
low-income communities, and Tribal and
indigenous communities; and
(B) a timetable for the completion of--
(i) each revision identified under
subparagraph (A); and
(ii) an assessment of the economic and
social implications of each revision identified
under subparagraph (A).
(3) Reports.--
(A) Annual reports.--Not later than 2 years after
the finalization of an environmental justice strategy
under this subsection, and annually thereafter, a
Federal agency that participates in the Working Group
shall submit to the Working Group a report describing
the progress of the Federal agency in implementing the
environmental justice strategy of the Federal agency.
(B) Periodic reports.--In addition to the annual
reports described in subparagraph (A), upon receipt of
a request from the Working Group, a Federal agency
shall submit to the Working Group a report that
contains such information as the Working Group may
require.
(4) Revision of agencywide environmental justice
strategy.--Not later than 5 years after the date of enactment
of this Act, each Federal agency that participates in the
Working Group shall--
(A) evaluate and revise the environmental justice
strategy of the Federal agency; and
(B) submit to the Working Group a copy of the
revised version of the environmental justice strategy
of the Federal agency.
(5) Petition.--
(A) In general.--The head of a Federal agency may
submit to the President a petition for an exemption of
any requirement described in this section with respect
to any program or activity of the Federal agency if the
head of the Federal agency determines that complying
with such requirement would compromise the agency's
ability to carry out its core missions.
(B) Availability to public.--Each petition
submitted by a Federal agency to the President under
subparagraph (A) shall be made available to the public
(including through a description of the petition on the
website of the Federal agency).
(C) Consideration.--In determining whether to grant
a petition for an exemption submitted by a Federal
agency to the President under subparagraph (A), the
President shall make a decision that reflects both the
merits of the specific case and the broader national
interest in breaking cycles of environmental injustice,
and shall consider whether the granting of the petition
would likely--
(i) result in disproportionately adverse
human health or environmental effects on
communities of color, low-income communities,
and Tribal and indigenous communities; or
(ii) exacerbate, or fail to ameliorate, any
disproportionately adverse human health or
environmental effect on any community of color,
low-income community, or Tribal and indigenous
community.
(D) Appeal.--
(i) In general.--Not later than 90 days
after the date on which the President approves
a petition under this paragraph, an individual
may appeal the decision of the President to
approve the petition.
(ii) Written appeal.--
(I) In general.--To appeal a
decision of the President under
subparagraph (A), an individual shall
submit a written appeal to--
(aa) the Council on
Environmental Quality;
(bb) the Deputy Assistant
to the President for
Environmental Policy; or
(cc) the Assistant to the
President for Domestic Policy.
(II) Contents.--A written appeal
shall contain a description of each
reason why the exemption that is the
subject of the petition is unnecessary.
(iii) Requirement of president.--Not later
than 90 days after the date on which an
official described in clause (ii)(I) receives a
written appeal submitted by an individual under
that clause, the President shall provide to the
individual a written notification describing
the decision of the President with respect to
the appeal.
(c) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental, public access, or
human health research, include diverse segments of the
population in epidemiological and clinical studies,
including segments at high risk from environmental
hazards such as communities of color, low-income
communities, and Tribal and indigenous communities;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures,
including potentially exacerbated risks due to current
and future climate impacts; and
(C) actively encourage and solicit community-based
science, and provide to communities of color, low-
income communities, and Tribal and indigenous
communities the opportunity to comment on and
participate in the development and design of research
strategies carried out pursuant to this subtitle.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
``Privacy Act'')), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, income, or other readily available and
appropriate information; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally adverse human health or
environmental effects on communities of color, low-
income communities, and Tribal and indigenous
communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency
environmental justice strategies under subsection (b), each
Federal agency, to the maximum extent practicable and permitted
by applicable law, shall collect, maintain, and analyze
information relating to the race, national origin, and income
level, and other readily accessible and appropriate
information, for communities of color, low-income communities,
and Tribal and indigenous communities in proximity to any
facility or site expected to have a substantial environmental,
human health, or economic effect on the surrounding
populations, if the facility or site becomes the subject of a
substantial Federal environmental administrative or judicial
action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for communities
of color, low-income communities, and Tribal and indigenous
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12856 (42 U.S.C. 4321 note); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(d) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(e) Mapping and Screening Tool.--The Administrator shall make
available to the public an environmental justice mapping and screening
tool (such as EJScreen or an equivalent tool) that includes, at a
minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(5) Data on national parks and other federally protected
natural, historic, and cultural sites.
(f) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(g) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and Tribal governments.
(h) Codification of Guidance.--
(1) Council on environmental quality.--Sections II and III
of the guidance issued by the Council on Environmental Quality
entitled ``Environmental Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(2) Environmental protection agency.--The guidance issued
by the Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination with Indian Tribes: Guidance for
Discussing Tribal Treaty Rights'' and dated February 2016 is
enacted into law.
SEC. 40210. OMBUDSMEN.
(a) Establishment.--The Administrator shall establish within the
Environmental Protection Agency a position of Environmental Justice
Ombudsman.
(b) Reporting.--The Environmental Justice Ombudsman shall--
(1) report directly to the Administrator; and
(2) not be required to report to the Office of
Environmental Justice of the Environmental Protection Agency.
(c) Functions.--The Ombudsman shall--
(1) in coordination with the Inspector General of the
Environmental Protection Agency, establish an independent,
neutral, accessible, confidential, and standardized process--
(A) to receive, review, and process complaints and
allegations with respect to environmental justice
programs and activities of the Environmental Protection
Agency; and
(B) to assist individuals in resolving complaints
and allegations described in subparagraph (A);
(2) identify and thereafter review, examine, and make
recommendations to the Administrator to address recurring and
chronic complaints regarding specific environmental justice
programs and activities of the Environmental Protection Agency
identified by the Ombudsman pursuant to paragraph (1);
(3) review the Environmental Protection Agency's compliance
with policies and standards of the Environmental Protection
Agency with respect to its environmental justice programs and
activities; and
(4) produce an annual report that details the findings of
the regional staff, feedback received from environmental
justice communities, and recommendations to increase
cooperation between the Environmental Protection Agency and
environmental justice communities.
(d) Availability of Report.--The Administrator shall make each
report produced pursuant to subsection (c) available to the public
(including by posting a copy of the report on the website of the
Environmental Protection Agency).
(e) Regional Staff.--
(1) Authority of environmental justice ombudsman.--The
Administrator shall allow the Environmental Justice Ombudsman
to hire such staff as the Environmental Justice Ombudsman
determines to be necessary to carry out at each regional office
of the Environmental Protection Agency the functions of the
Environmental Justice Ombudsman described in subsection (c).
(2) Purposes.--Staff hired pursuant to paragraph (1)
shall--
(A) foster cooperation between the Environmental
Protection Agency and environmental justice
communities;
(B) consult with environmental justice communities
on the development of policies and programs of the
Environmental Protection Agency;
(C) receive feedback from environmental justice
communities on the performance of the Environmental
Protection Agency; and
(D) compile and submit to the Environmental Justice
Ombudsman such information as may be necessary for the
Ombudsman to produce the annual report described in
subsection (c).
(3) Full-time position.--Each individual hired by the
Environmental Justice Ombudsman under paragraph (1) shall be
hired as a full-time employee of the Environmental Protection
Agency.
SEC. 40211. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION
OPPORTUNITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--
(A) In general.--The term ``eligible entity''
means--
(i) a State;
(ii) a political subdivision of a State,
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 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) Outdoor recreation legacy partnership grant program.--
The term ``Outdoor Recreation Legacy Partnership Grant
Program'' means the program established under subsection (b).
(3) 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.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Establishment.--The Secretary shall establish an outdoor
recreation legacy partnership grant 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;
(2) to develop new or renovate existing outdoor recreation
facilities; and
(3) to develop projects that provide opportunities for
outdoor education and public lands volunteerism.
(c) Matching Requirement.--
(1) In general.--As a condition of receiving a grant under
subsection (b), 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.
(3) Waiver.--The Secretary may waive all or part of the
matching requirement under paragraph (1) if the Secretary
determines that--
(A) no reasonable means are available through which
an applicant can meet the matching requirement; and
(B) the probable benefit of such project outweighs
the public interest in such matching requirement.
(d) Eligible Uses.--
(1) In general.--A grant recipient may use a grant awarded
under this section--
(A) to acquire land or water that provides outdoor
recreation opportunities to the public; and
(B) to develop or renovate outdoor recreational
facilities that provide outdoor recreation
opportunities to the public, with priority given to
projects that--
(i) create or significantly enhance access
to park and recreational opportunities in an
urban or suburban area that lacks access to
such activities;
(ii) engage and empower underserved
communities and youth;
(iii) provide opportunities for youth
employment or job training;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(2) Limitations on use.--A grant recipient may not use
grant funds for--
(A) grant administration costs;
(B) incidental costs related to land acquisition,
including appraisal and titling;
(C) operation and maintenance activities;
(D) facilities that support semiprofessional or
professional athletics;
(E) indoor facilities such as recreation centers or
facilities that support primarily non-outdoor purposes;
or
(F) acquisition of land or interests in land that
restrict access to specific persons.
(e) National Park Service Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Grant Program, the Secretary
shall--
(1) conduct an initial screening and technical review of
applications received; and
(2) evaluate and score all qualifying applications.
(f) Reporting.--
(1) 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 section shall annually submit to the
Secretary performance and financial reports that--
(A) summarize project activities conducted during
the report period; and
(B) provide the status of the project, including of
description of how the project has improved access to
parkland, open space, or recreational facilities from
the community perspective.
(2) 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 section shall submit to the Secretary a final
report containing such information as the Secretary may
require.
(g) Revenue Sharing.--Section 105(a)(2) of the Gulf of Mexico
Energy Security Act of 2006 (43 U.S.C. 1331 note) is amended--
(1) in subparagraph (A), by striking ``and'';
(2) in subparagraph (B)--
(A) by striking ``25 percent'' and inserting ``20
percent''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(C) 5 percent to provide grants under the Outdoor
Recreation Legacy Partnership Grant Program established
under section 40211 of the Environmental Justice For
All Act.''.
SEC. 40212. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the
Secretary that the community has inadequate,
insufficient, or no park space or recreation
facilities, including by demonstrating--
(i) quality concerns relating to the
available park space or recreation facilities;
(ii) the presence of recreational
facilities that do not serve the needs of the
community; or
(iii) the inequitable distribution of park
space for high-need populations, based on
income, age, or other measures of vulnerability
and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2 \ mile of park
space;
(C) a community that is designated as a qualified
opportunity zone under section 1400Z-1 of the Internal
Revenue Code of 1986; or
(D) any other community that the Secretary
determines to be appropriate.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State (including a
city or a county) that represents or otherwise serves
an urban area or a rural area;
(C) a special purpose district (including a park
district);
(D) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)) that represents or otherwise serves
an urban area or a rural area; or
(E) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code).
(3) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(4) Rural area.--The term ``rural area'' means a community
that is not an urban area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Transportation connector.--
(A) In general.--The term ``transportation
connector'' means a system that--
(i) connects 2 zip codes or communities
within a 175-mile radius of a designated
service area; and
(ii) offers rides available to the public.
(B) Inclusions.--The term ``transportation
connector'' includes microtransits, bus lines, bus
rails, light rail, rapid transits, or personal rapid
transits.
(7) Urban area.--The term ``urban area'' means a community
that--
(A) is densely developed;
(B) has residential, commercial, and other
nonresidential areas; and
(C)(i) is an urbanized area with a population of
50,000 or more; or
(ii) is an urban cluster with a population of--
(I) not less than 2,500; and
(II) not more than 50,000.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors
or routes in or serving, and related education
materials for, critically underserved communities to
increase access and mobility to Federal or non-Federal
public land, waters, parkland, or monuments; or
(B) projects that facilitate transportation
improvements to enhance access to Federal or non-
Federal public land and recreational opportunities in
critically underserved communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the
program to assist eligible entities in the development
of transportation connectors or routes in or serving,
and related education materials for, critically
underserved communities and Federal or non-Federal
public land, waters, parkland, and monuments.
(B) Joint partnerships.--The Secretary shall
encourage joint partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission
of project proposals for grants from
eligible entities under the program;
and
(II) review each project proposal
submitted under subclause (I) on a
timeline established by the Secretary.
(ii) Required elements for project
proposal.--A project proposal submitted under
clause (i)(I) shall include--
(I) a statement of the purposes of
the project;
(II) the name of the entity or
individual with overall responsibility
for the project;
(III) a description of the
qualifications of the entity or
individuals identified under subclause
(II);
(IV) a description of--
(aa) staffing and
stakeholder engagement for the
project;
(bb) the logistics of the
project; and
(cc) anticipated outcomes
of the project;
(V) a proposed budget for the funds
and time required to complete the
project;
(VI) information regarding the
source and amount of matching funding
available for the project;
(VII) information that demonstrates
the clear potential of the project to
contribute to increased access to
parkland for critically underserved
communities; and
(VIII) any other information that
the Secretary considers to be necessary
for evaluating the eligibility of the
project for funding under the program.
(iii) Consultation; approval or
disapproval.--The Secretary shall, with respect
to each project proposal submitted under this
subparagraph, as appropriate--
(I) consult with the government of
each State in which the proposed
project is to be conducted;
(II) after taking into
consideration any comments resulting
from the consultation under subclause
(I), approve or disapprove the
proposal; and
(III) provide written notification
of the approval or disapproval to--
(aa) the individual or
entity that submitted the
proposal; and
(bb) each State consulted
under subclause (I).
(D) Priority.--To the extent practicable, in
determining whether to approve project proposals under
the program, the Secretary shall prioritize projects
that are designed to increase access and mobility to
local or neighborhood Federal or non-Federal public
land, waters, parkland, monuments, or recreational
opportunities.
(3) Transportation planning procedures.--
(A) Procedures.--In consultation with the head of
each appropriate Federal land management agency, the
Secretary shall develop, by rule, transportation
planning procedures for projects conducted under the
program that are consistent with metropolitan and
statewide planning processes.
(B) Requirements.--All projects carried out under
the program shall be developed in cooperation with
States and metropolitan planning organizations.
(4) Non-federal contributions.--
(A) In general.--As a condition of receiving a
grant under the program, an eligible entity shall
provide funds in the form of cash or an in-kind
contribution in an amount equal to not less than 100
percent of the amount of the grant.
(B) Sources.--The non-Federal contribution required
under subparagraph (A) may include amounts made
available from State, local, nongovernmental, or
private sources.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes
in or serving, and related education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
waters, parkland, and monuments; and
(B) to create or significantly enhance access to
Federal or non-Federal public land and recreational
opportunities in an urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds to
areas of greatest need while offering technical assistance to
all applicants and potential applicants for grant preparation
to encourage full participation in the program.
(8) Public information.--The Secretary shall ensure that
current schedules and routes for transportation systems
developed after the receipt of a grant under the program are
available to the public, including on a website maintained by
the recipient of a grant.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require a recipient of a grant under the program to submit to
the Secretary at least 1 performance and financial report
that--
(A) includes--
(i) demographic data on communities served
by the project; and
(ii) a summary of project activities
conducted after receiving the grant; and
(B) describes the status of each project funded by
the grant as of the date of the report.
(2) Additional reports.--In addition to the report required
under paragraph (1), the Secretary may require additional
reports from a recipient, as the Secretary determines to be
appropriate, including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.
SEC. 40213. EVERY KID OUTDOORS.
Section 9001(b)(5) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (Public Law 116-9; 133 Stat. 830) is
repealed.
SEC. 40214. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST
HARMFUL FEDERAL ACTIONS.
(a) Purpose; Definitions.--
(1) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or
environmental effects faced by such communities.
(2) Definitions.--In this section:
(A) Federal action.--The term ``Federal action''
means a proposed action that requires the preparation
of an environmental impact statement, environmental
assessment, categorical exclusion, or other document
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(B) Environmental impact statement.--The term
``environmental impact statement'' means the detailed
statement of environmental impacts of a proposed action
required to be prepared pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(b) Preparation of a Community Impact Report.--A Federal agency
proposing to take a Federal action that has the potential to cause
negative environmental or public health impacts on an environmental
justice community shall prepare a community impact report assessing the
potential impacts of the proposed action.
(c) Contents.--The community impact report described in subsection
(b) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate or contribute
to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure to
human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and agencies shall assess
these multiple, or cumulative effects, even if certain effects
are not within the control or subject to the discretion of the
Federal agency proposing the Federal action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access public
parks, outdoor spaces, and public recreation opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to
human health and environmental hazards described in
paragraph (1) to a level that is reasonably expected to
avoid human health impacts in environmental justice
communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor
spaces, and public recreation opportunities; and
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the purpose
and need of the proposed action.
(d) Delegation.--Federal agencies shall not delegate responsibility
for the preparation of a community impact report prepared under this
section to any other entity.
(e) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a proposed Federal action that may affect an environmental
justice community, a Federal agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action, and
mitigation measures on the environmental justice community;
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be no
less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community
regarding the proposed Federal action in each prominent
language within the environmental justice community;
and
(B) providing notice of any step or action in the
National Environmental Policy Act process that involves
public participation to any representative entities or
organizations present in the environmental justice
community including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of
color;
(iv) environmental and environmental
justice organizations, including community-
based grassroots organizations led by people of
color;
(v) homeowners', tenants', and neighborhood
watch groups;
(vi) local and Tribal governments;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service
organizations;
(x) universities, colleges, and vocational
schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics;
and
(4) provide translations of publicly available documents
made available pursuant to the National Environmental Policy
Act in any language spoken by more than 5 percent of the
population residing within the environmental justice community.
(f) Communication Methods and Requirements.--Any notice provided
under subsection (e)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community. Such methods may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted at
communities of color, low-income communities, and Tribal and
indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(g) Requirements for Actions Requiring an Environmental Impact
Statement.--For any proposed Federal action affecting an environmental
justice community requiring the preparation of an environmental impact
statement, the Federal agency shall provide the following information
when giving notice of the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act, with a
description of key milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within the
environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(h) National Environmental Policy Act Requirements for Indian
Tribes.--When carrying out the requirements of the National
Environmental Policy Act for a proposed Federal action that may affect
an Indian Tribe, a Federal agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Tribal governments,
the Federal Government's trust responsibility to federally
recognized Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the National
Environmental Policy Act process for any proposed action that
could impact an Indian Tribe including actions that could
impact off reservation lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) no later
than the commencement of the scoping process for a proposed
action requiring the preparation of an environmental impact
statement.
(i) Agency Determinations.--Federal agency determinations about the
analysis of a community impact report described in this section shall
be subject to judicial review to the same extent as any other analysis
performed under the National Environmental Policy Act.
(j) Effective Date.--This section shall take effect one year after
the date of enactment of this Act.
(k) Savings Clause.--Nothing in this section diminishes any right
granted through the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) to the public.
SEC. 40215. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date of
enactment of this Act, each employee of the Environmental Protection
Agency, the Department of the Interior, and the National Oceanic and
Atmospheric Administration shall complete an environmental justice
training program to ensure that each such employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental
justice concepts into the daily activities of the
employee; and
(B) increasing the meaningful participation of
individuals from environmental justice communities in
the activities of the applicable agency.
(b) Mandatory Participation.--Effective on the date that is 1 year
after the date of enactment of this Act, each individual hired by the
Environmental Protection Agency, the Department of the Interior, and
the National Oceanic and Atmospheric Administration after that date
shall be required to participate in environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the Working Group, not later than 30 days after
the date on which an individual is appointed to the position of
environmental justice coordinator, environmental justice
ombudsman, or any other position the responsibility of which
involves the conduct of environmental justice activities, the
individual shall be required to possess documentation of the
completion by the individual of environmental justice training.
(2) Effect.--If an individual described in paragraph (1)
fails to meet the requirement described in that paragraph, the
Federal agency at which the individual is employed shall
transfer the individual to a different position until the date
on which the individual completes environmental justice
training.
(3) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental justice training.
SEC. 40216. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in
paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services, to
reduce the disproportionate health impacts of environmental
pollution in the environmental justice community at which the
eligible entity proposes to conduct an activity that is the
subject of the application described in paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), 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--
(A) an outline describing the means by which the
project proposed by the eligible entity will--
(i) with respect to environmental and
public health issues at the local level,
increase the understanding of the environmental
justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the
environmental justice community to address each
issue described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(including members of the environmental justice
community); and
(iv) support the ability of the
environmental justice community to proactively
plan and implement just sustainable community
development and revitalization initiatives,
including countering displacement and
gentrification;
(B) a proposed budget for each activity of the
project that is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible
entity may leverage the funds of the eligible entity,
or the funds made available through a grant under this
subsection, to develop a project that is capable of
being sustained beyond the period of the grant; and
(E) a description of the ways by which the eligible
entity is linked to, and representative of, the
environmental justice community at which the eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative
partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing the ways by which the
grant program under this subsection has helped
community-based nonprofit organizations address issues
relating to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2023 through 2027.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in the State, including reducing economic
vulnerabilities that result in the environmental
justice communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a State shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a State shall
demonstrate to the Administrator that the State has the
ability to continue each program that is the subject of
funds provided through a grant under paragraph (1)
after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
State to address environmental justice issues;
and
(iii) the activities carried out by each
State to reduce or eliminate disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2023 through 2027.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Tribal Governments to enable the Indian Tribes--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and indigenous communities,
including reducing economic vulnerabilities that result
in the Tribal and indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a Tribal Government shall submit
to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice in Tribal and indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the Tribal Government allocates for
initiatives relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a Tribal
Government shall demonstrate to the Administrator that
the Tribal Government has the ability to continue each
program that is the subject of funds provided through a
grant under paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
Indian Tribe to address environmental justice
issues; and
(iii) the activities carried out by each
Tribal Government to reduce or eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2023 through 2027.
(d) Community-Based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research--
(A) to address issues relating to environmental
justice;
(B) to improve the environment of residents and
workers in environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership comprised of--
(A) an accredited institution of higher education;
and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), 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--
(A) a detailed description of the partnership of
the eligible entity that, as determined by the
Administrator, demonstrates the participation of
members of the community at which the eligible entity
proposes to conduct the research; and
(B) a description of--
(i) the project proposed by the eligible
entity; and
(ii) the ways by which the project will--
(I) address issues relating to
environmental justice;
(II) assist in the improvement of
health outcomes of residents and
workers in environmental justice
communities; and
(III) assist in the improvement of
the environment of residents and
workers in environmental justice
communities.
(4) Public availability.--The Administrator shall make the
results of the grants available provided under this subsection
to the public, including by posting on the website of the
Environmental Protection Agency a copy of the grant awards and
an annual report at the beginning of each fiscal year
describing the research findings associated with each grant
provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2023 through 2027.
SEC. 40217. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a basic
training program, in coordination and consultation with nongovernmental
environmental justice organizations, to increase the capacity of
residents of environmental justice communities to identify and address
disproportionately adverse human health or environmental effects by
providing culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the
detection, assessment, and evaluation of the effects of
hazardous substances on human health;
(B) methods to assess the risks to human health
presented by hazardous substances;
(C) methods and technologies to detect hazardous
substances in the environment;
(D) basic biological, chemical, and physical
methods to reduce the quantity and toxicity of
hazardous substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate
impacts and discrimination, including--
(i) environmental laws; and
(ii) section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1);
(F) public engagement opportunities through the
policies and laws described in subparagraph (E);
(G) materials available on the Clearinghouse;
(H) methods related to expanding access to parks
and other natural and recreational amenities; and
(I) finding and applying for Federal grants related
to environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances to provide--
(A) education relating to--
(i) the proper manner to handle hazardous
substances;
(ii) the management of facilities at which
hazardous substances are located (including
facility compliance protocols); and
(iii) the evaluation of the hazards that
facilities described in clause (ii) pose to
human health; and
(B) training on environmental and occupational
health and safety with respect to the public health and
engineering aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator may
provide grants to, or enter into any contract or cooperative
agreement with, an eligible entity to carry out any training or
educational activity described in subsection (a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an accredited
institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the
detection, assessment, evaluation, or treatment of
hazardous waste;
(D) any owner or operator of a facility at which
hazardous substances are located; or
(E) any State government, Tribal Government, or
local government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall develop and publish in the Federal Register
a plan to carry out the basic training program established
under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of
each activity described in subsection (a); and
(B) a description of research and training relevant
to environmental justice issues of communities
adversely affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training
program established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities for residents of
environmental justice communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2023 through 2027.
SEC. 40218. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an advisory
council, to be known as the National Environmental Justice Advisory
Council.
(b) Membership.--The Advisory Council shall be comprised of 26
members who have knowledge of, or experience relating to, the effect of
environmental conditions on communities of color, low-income
communities, and Tribal and indigenous communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice,
including grassroots organizations led by people of
color;
(B) State governments, Tribal Governments, and
local governments;
(C) Indian Tribes and other indigenous groups;
(D) nongovernmental and environmental
organizations; and
(E) private sector organizations (including
representatives of industries and businesses); and
(2) experts in the fields of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; and
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council
with respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent advice
and recommendations to the Environmental Protection Agency with respect
to issues relating to environmental justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between the Environmental Protection Agency and
other entities; and
(C) between, and among, the Environmental
Protection Agency and Federal agencies, State and local
governments, Indian Tribes, environmental justice
leaders, interest groups, and the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the
Environmental Protection Agency with respect to the
integration by the Environmental Protection Agency of
socioeconomic programs into the strategic planning,
annual planning, and management accountability of the
Environmental Protection Agency to achieve
environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection
Agency in planning, developing, and implementing
environmental justice strategies, projects, and
programs;
(C) any existing and future information management
systems, technologies, and data collection activities
of the Environmental Protection Agency (including
recommendations to conduct analyses that support and
strengthen environmental justice programs in
administrative and scientific areas);
(D) the administration of grant programs relating
to environmental justice assistance; and
(E) education, training, and other outreach
activities conducted by the Environmental Protection
Agency relating to environmental justice.
(e) Meetings.--
(1) Frequency.--
(A) In general.--Subject to subparagraph (B), the
Advisory Council shall meet biannually.
(B) Authority of administrator.--The Administrator
may require the Advisory Council to conduct additional
meetings if the Administrator determines that the
conduct of any additional meetings are necessary.
(2) Public participation.--
(A) In general.--Subject to subparagraph (B), each
meeting of the Advisory Council shall be open to the
public to provide the public an opportunity--
(i) to submit comments to the Advisory
Council; and
(ii) to appear before the Advisory Council.
(B) Authority of administrator.--The Administrator
may close any meeting, or portion of any meeting, to
the public.
(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Advisory Council.
(g) Travel Expenses.--The Administrator may provide to any member
of the Advisory Council 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 Advisory Council.
SEC. 40219. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a public
internet-based clearinghouse, to be known as the Environmental Justice
Clearinghouse.
(b) Contents.--The Clearinghouse shall be comprised of culturally
and linguistically appropriate materials related to environmental
justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by people
of color, that address issues relating to environmental justice
at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations
that possess the capability to provide advice or technical
assistance to environmental justice communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing academic and
community-based organizations who have expertise in issues relating to
environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 40220. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Administrator shall hold
public meetings on environmental justice issues in each region of the
Environmental Protection Agency to gather public input with respect to
the implementation and updating of environmental justice strategies and
efforts of the Environmental Protection Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in subsection (a),
shall to the extent practicable hold multiple meetings in environmental
justice communities in each region to provide meaningful community
involvement opportunities.
(c) Notice.--Notice for the meetings described in subsections (a)
and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice
organizations;
(E) homeowners', tenants', and neighborhood watch
groups;
(F) local and Tribal Governments;
(G) rural cooperatives;
(H) business and trade organizations;
(I) community and social service organizations;
(J) universities, colleges, and vocational schools;
(K) labor organizations;
(L) civil rights organizations;
(M) senior citizens' groups; and
(N) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The Administrator
shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make available
translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill any
condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(e) Required Attendance of Certain Employees.--In holding a public
meeting under subsection (a), the Administrator shall ensure that at
least 1 employee of the Environmental Protection Agency at the level of
Assistant Administrator is present at the meeting to serve as a
representative of the Environmental Protection Agency.
SEC. 40221. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE
COMMUNITIES.
The Administrator shall ensure that all environmental projects
developed as part of a settlement relating to violations in an
environmental justice community--
(1) are developed through consultation with, and with the
meaningful participation of, individuals in the affected
environmental justice community; and
(2) result in a quantifiable improvement to the health and
well-being of individuals in the affected environmental justice
community.
SEC. 40222. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--The Coastal Zone Management Act of 1972 (16
U.S.C. 1451 et seq.) is amended by adding at the end the following:
``SEC. 320. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
``(a) Grants Authorized.--The Secretary may award competitive
grants to Indian Tribes to further achievement of the objectives of
such a Tribe for its Tribal coastal zone.
``(b) Cost Share.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant under this section shall be--
``(A) in the case of a grant of less than $200,000,
100 percent of such cost; and
``(B) in the case of a grant of $200,000 or more,
95 percent of such cost, except as provided in
paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1)(B) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an
activity required to be paid by an Indian Tribe under such
paragraph, if the Secretary determines that the Tribe does not
have sufficient funds to pay such portion.
``(c) Compatibility.--The Secretary may not award a grant under
this section unless the Secretary determines that the activities to be
carried out with the grant are compatible with this title and that the
grantee has consulted with the affected coastal state regarding the
grant objectives and purposes.
``(d) Authorized Objectives and Purposes.--Amounts awarded as a
grant under this section shall be used for one or more of the
objectives and purposes authorized under subsections (b) and (c),
respectively, of section 306A.
``(e) Funding.--Of amounts appropriated to carry out this Act,
$5,000,000 is authorized to carry out this section for each fiscal
year.
``(f) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
that term has under section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
``(2) Tribal coastal zone.--The term `Tribal coastal zone'
means any Indian land of an Indian Tribe that is within the
coastal zone.
``(3) Tribal coastal zone objective.--The term `Tribal
coastal zone objective' means, with respect to an Indian Tribe,
any of the following objectives:
``(A) Protection, restoration, or preservation of
areas in the Tribal coastal zone of such Tribe that
hold--
``(i) important ecological, cultural, or
sacred significance for such Tribe; or
``(ii) traditional, historic, and esthetic
values essential to such Tribe.
``(B) Preparing and implementing a special area
management plan and technical planning for important
coastal areas.
``(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for the
purpose of public safety, public access, or cultural or
historical preservation.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall issue guidance
for the program established under the amendment made by subsection (a),
including the criteria for awarding grants under such program based on
consultation with Indian Tribes (as that term is defined in that
amendment).
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended by striking ``and'' after the semicolon at the
end of subparagraph (D), by striking the period at the end of
subparagraph (E) and inserting ``; and'', and by adding at the end the
following:
``(F) fulfilling any Tribal coastal zone objective (as that
term is defined in section 320).''.
(d) Other Programs Not Affected.--Nothing in this section shall be
construed to affect the ability of an Indian Tribe to apply for,
receive assistance under, or participate in any program authorized by
the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or
other related Federal laws.
SEC. 40223. COSMETIC LABELING.
(a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 361 et seq.) is amended by adding at the end the
following:
``SEC. 604. LABELING.
``(a) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--With respect to
cosmetics, the term `professional' means an individual who--
``(A) is licensed by an official State authority to
practice in the field of cosmetology, nail care,
barbering, or esthetics;
``(B) has complied with all requirements set forth
by the State for such licensing; and
``(C) has been granted a license by a State board
or legal agency or legal authority.
``(2) Listing of ingredients.--Cosmetic products used and
sold by professionals shall list all ingredients and warnings,
as required for other cosmetic products under this chapter.
``(3) Professional use labeling.--In the case of a cosmetic
product intended to be used only by a professional on account
of a specific ingredient or increased concentration of an
ingredient that requires safe handling by trained
professionals, the product shall bear a statement as follows:
`To be Administered Only by Licensed Professionals'.
``(b) Display Requirements.--A listing required under subsection
(a)(2) and a statement required under subsection (a)(3) shall be
prominently displayed--
``(1) in the primary language used on the label; and
``(2) in conspicuous and legible type in contrast by
typography, layout, or color with other material printed or
displayed on the label.
``(c) Internet Sales.--In the case of internet sales of cosmetics,
each internet website offering a cosmetic product for sale to consumers
shall provide the same information that is included on the packaging of
the cosmetic product as regularly available through in-person sales,
except information that is unique to a single cosmetic product sold in
a retail facility, such as a lot number or expiration date, and the
warnings and statements described in subsection (b) shall be
prominently and conspicuously displayed on the website.
``(d) Contact Information.--The label on each cosmetic shall bear
the domestic telephone number or electronic contact information, and it
is encouraged that the label include both the telephone number and
electronic contact information, that consumers may use to contact the
responsible person with respect to adverse events. The contact number
shall provide a means for consumers to obtain additional information
about ingredients in a cosmetic, including the ability to ask if a
specific ingredient may be present that is not listed on the label,
including whether a specific ingredient may be contained in the
fragrance or flavor used in the cosmetic. The manufacturer of the
cosmetic is responsible for providing such information, including
obtaining the information from suppliers if it is not readily
available. Suppliers are required to release such information upon
request of the cosmetic manufacturer.''.
(b) Misbranding.--Section 602 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the
following:
``(g) If its labeling does not conform with a requirement under
section 604.''.
(c) Effective Date.--Section 604 of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), shall take effect on the date
that is 1 year after the date of enactment of this Act.
SEC. 40224. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall award grants to eligible
entities--
(1) to support research focused on the design of safer
alternatives to chemicals in cosmetics with inherent toxicity
or associated with chronic adverse health effects; or
(2) to provide educational awareness and community outreach
efforts to educate the promote the use of safer alternatives in
cosmetics.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university, a not-
for-profit research institution, or a not-for-profit grassroots
organization; and
(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on--
(1) replacing chemicals in professional cosmetic products
used by nail and hair and beauty salon workers with safer
alternatives; or
(2) replacing chemicals in cosmetic products marketed to
women and girls of color, including any such beauty, personal
hygiene, and intimate care products, with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2022 through 2027.
SEC. 40225. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, in consultation with the Administrator
of the Environmental Protection Agency, shall award grants to eligible
entities to support research focused on the design of safer
alternatives to chemicals in consumer, cleaning, toy, and baby products
with inherent toxicity or that are associated with chronic adverse
health effects.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university or a not-
for-profit research institution; and
(2) not benefit from a financial relationship with--
(A) a chemical manufacturer, supplier, or trade
association; or
(B) a cleaning, toy, or baby product manufacturer,
supplier, or trade association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on
replacing chemicals in cleaning, toy, or baby products used by
childcare providers with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2022 through 2027.
SEC. 40226. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT
INCLUDE INGREDIENTS.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(ee) If it is a menstrual product, such as a menstrual cup, a
scented, scented deodorized, or unscented menstrual pad or tampon, a
therapeutic vaginal douche apparatus, or an obstetrical and
gynecological device described in section 884.5400, 884.5425, 884.5435,
884.5460, 884.5470, or 884.5900 of title 21, Code of Federal
Regulations (or any successor regulation), unless its label or labeling
lists the name of each ingredient or component of the product in order
of the most predominant ingredient or component to the least
predominant ingredient or component.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to products introduced or delivered for introduction into
interstate commerce on or after the date that is one year after the
date of the enactment of this Act.
SEC. 40227. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
SCIENCES FOR RESEARCH ON HEALTH DISPARITIES IMPACTING
COMMUNITIES OF COLOR.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
new section:
``SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS
IMPACTING COMMUNITIES OF COLOR.
``(a) In General.--The Director of the Institute shall award grants
to eligible entities--
``(1) to expand support for basic, epidemiological, and
social scientific investigations into--
``(A) the chemicals linked (or with possible links)
to adverse health effects most commonly found in
cosmetics marketed to women and girls of color,
including beauty, personal hygiene, and intimate care
products;
``(B) the marketing and sale of such cosmetics
containing chemicals linked to adverse health effects
to women and girls of color across their lifespans;
``(C) the use of such cosmetics by women and girls
of color across their lifespans; or
``(D) the chemicals linked to the adverse health
effects most commonly found in products used by nail,
hair, and beauty salon workers;
``(2) to provide educational awareness and community
outreach efforts to educate the promote the use of safer
alternatives in cosmetics; and
``(3) to disseminate the results of any such research
described in subparagraph (A) or (B) of paragraph (1)
(conducted by the grantee pursuant to this section or
otherwise) to help communities identify and address potentially
unsafe chemical exposures in the use of cosmetics.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a public institution such as a university, a not-
for-profit research institution, or a not-for-profit grassroots
organization; and
``(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
``(c) Report.--Not later than the end 1 year after awarding grants
under this section, and each year thereafter, the Director of the
Institute shall issue for the public and submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate a report on the
results of the investigations funded under subsection (a), including--
``(1) summary findings on--
``(A) marketing strategies, product categories, and
specific cosmetics containing ingredients linked to
adverse health effects; and
``(B) the demographics of the populations marketed
to and using these cosmetics for personal and
professional use; and
``(2) recommended public health information strategies to
reduce potentially unsafe exposures to cosmetics.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2022 through 2027.''.
SEC. 40228. REVENUES FOR JUST TRANSITION ASSISTANCE.
(a) Mineral Leasing Revenue.--The Mineral Leasing Act (30 U.S.C.
181 et seq.) is amended--
(1) in section 7, by striking ``12 \1/2\'' and inserting
``18.75'';
(2) in section 17--
(A) by striking ``12.5'' each place such term
appears and inserting ``18.75''; and
(B) by striking ``12 \1/2\'' each place such term
appears and inserting ``18.75'';
(3) in section 31(e), by striking ``16\2/3\'' each place
such term appears and inserting ``25'';
(4) in section 17, by striking ``Lease sales shall be held
for each State where eligible lands are available at least
quarterly and more frequently if the Secretary of the Interior
determines such sales are necessary.'' and inserting ``Lease
sales may be held in each State no more than once each year.'';
and
(5) in section 35--
(A) by striking ``All'' and inserting ``(1) All'';
and
(B) by adding at the end the following:
``(2) Notwithstanding paragraph (1), any funds collected as
a result of the amendments made by section 40228(a) of the
Environmental Justice For All Act shall be distributed
consistent with the manner provided in section 40228(d) of such
Act.''.
(b) Conservation of Resources Fees.--There is established a
Conservation of Resources Fee of $4 per acre per year on producing
Federal onshore and offshore oil and gas leases.
(c) Speculative Leasing Fees.--The fee for speculative leasing for
Federal oil and gas nonproducing leases on- and off-shore shall be $6
per acre per year.
(d) Deposit.--
(1) All funds collected pursuant to subsections (b) and (c)
shall be deposited in the Federal Energy Transition Economic
Development Assistance Fund established in section 40229;
(2) 50 percent of funds collected as a result of the
amendments made by this section shall be deposited in the
Federal Energy Transition Economic Development Assistance Fund
established in section 40229; and
(3) 50 percent of funds collected as a result of the
amendments made by this section shall be returned to the States
where production occurred.
(e) Adjustment for Inflation.--The Secretary shall, by regulation
at least once every four years, adjust each fee created by this section
to reflect any change in the Consumer Price Index (all items, United
States city average) as prepared by the Department of Labor.
(f) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Nonproducing lease.--The term ``nonproducing lease''
means any lease where oil or natural gas is produced for less
than 90 days in a calendar year.
SEC. 40229. ECONOMIC REVITALIZATION FOR FOSSIL FUEL DEPENDENT
COMMUNITIES.
(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in communities that
depend on fossil fuel mining, extraction, or refining for a significant
amount of economic opportunities, or where a significant proportion of
the population is employed at electric generating stations that use
fossil fuels as the predominant fuel supply.
(b) Establishment of Federal Energy Transition Economic Development
Assistance Fund.--There is established in the Treasury of the United
States a fund, to be known as the ``Federal Energy Transition Economic
Development Assistance Fund''. Such fund consists of amounts deposited
under section 40228.
(c) Distribution of Funds.--Of the amounts deposited into the
Fund--
(1) 35 percent shall be distributed by the Secretary to
States in which extraction of fossil fuels occurs on public
lands, based on a formula reflecting existing production and
extraction in each such State;
(2) 35 percent shall be distributed by the Secretary to
States based on a formula reflecting the quantity of fossil
fuels historically produced and extracted in each such State on
public lands before the date of enactment of this Act; and
(3) 30 percent shall be allocated to a competitive grant
program pursuant to subsection (e).
(d) Use of Funds.--
(1) In general.--Funds distributed by the Secretary to
States under paragraphs (1) and (2) of subsection (c) may be
used for--
(A) environmental remediation of lands and waters
impacted by the full life-cycle of fossil fuel
extraction and mining;
(B) building partnerships to attract and invest in
the economic future of historically fossil-fuel
dependent communities;
(C) increasing capacity and other technical
assistance fostering long-term economic growth and
opportunity in historically fossil-fuel dependent
communities;
(D) guaranteeing pensions, healthcare, and
retirement security and providing a bridge of wage
support until a displaced worker either finds new
employment or reaches retirement;
(E) severance payments for displaced workers;
(F) carbon sequestration projects in natural
systems on public lands; or
(G) expanding broadband access and broadband
infrastructure.
(2) Priority to fossil fuel workers.--In distributing funds
under paragraph (1), the Secretary shall place a priority on
displaced assisting workers dislocated from fossil fuel mining
and extraction industries.
(e) Competitive Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide funds to eligible entities
for the purposes described in paragraph (3).
(2) Eligible entities.--For the purposes of this
subsection, the term ``eligible entities'' means local, State,
and Tribal governments, development districts (as such term is
defined in section 382E of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-4)), nonprofits, labor unions,
economic development agencies, and institutions of higher
education, including community colleges.
(3) Eligible use of funds.--The Secretary may award grants
from amounts in the Fund for the purposes listed in subsection
(d) and for--
(A) existing job retraining and apprenticeship
programs for displaced workers or for programs designed
to promote economic development in communities affected
by a downturn in fossil fuel extraction and mining;
(B) developing projects that diversify local and
regional economies, create jobs in new or existing non-
fossil fuel industries, attract new sources of job-
creating investment, and provide a range of workforce
services and skills training;
(C) internship programs in a field related to clean
energy; and
(D) the development and support of a clean energy--
(i) certificate program at a labor
organization; or
(ii) a major or minor program at an
institution of higher education, as such term
is defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(f) Just Transition Advisory Committee.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish an
advisory committee to be known as the ``Just Transition
Advisory Committee''.
(2) Chair.--The President shall appoint a Chair of the
Advisory Committee.
(3) Duties.--The Advisory Committee shall--
(A) advise, assist, and support the Secretary in
the management and allocation of funds available under
subsection (c) and in the establishment and
administration of the Competitive Grant Program under
subsection (e); and
(B) develop procedures to ensure that States and
applicants eligible to participate in the Competitive
Grant Program established pursuant to subsection (e)
are notified of availability of Federal funds pursuant
to this subtitle.
(4) Membership.--The total membership of the Advisory
Committee shall not exceed 20 members and the Advisory
Committee shall be composed of the following members appointed
by the Chair:
(A) A representative of the Assistant Secretary of
Commerce for Economic Development.
(B) A representative of the Secretary of Labor.
(C) A representative of the Under Secretary for
Rural Development.
(D) Two individuals with professional economic
development or workforce retraining experience.
(E) An equal number of representatives from each of
the following:
(i) Labor unions.
(ii) Nonprofit environmental organizations.
(iii) Environmental justice organizations.
(iv) Fossil fuel transition communities.
(v) Public interest groups.
(vi) Tribal and indigenous communities.
(5) Termination.--The Just Transition Advisory Committee
shall not terminate except by an Act of Congress.
(g) Limit on Use of Funds.--
(1) Administrative costs.--Not more than 7 percent of the
amounts in the Fund may be used for administrative costs
incurred in implementing this subtitle.
(2) Limitation on funds to a single entity.--Not more than
5 percent of the amounts in the Fund may be awarded to a single
eligible entity.
(3) Calendar year limitation.--At least 15 percent of the
amount in the Fund must be spent in each calendar year.
(h) Use of American Iron, Steel, and Manufactured Goods.--None of
the funds appropriated or otherwise made available by this subtitle may
be used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States unless such manufactured good is not produced in the
United States.
(i) Submission to Congress.--The Secretary shall submit to the
Committees on Appropriations and Energy and Natural Resources of the
Senate and to the Committees on Appropriations and Natural Resources in
the House of Representatives, with the annual budget submission of the
President, a list of projects, including a description of each project,
that received funding under this section in the previous calendar year.
(j) Definitions.--For the purposes of this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Advisory committee.--The term ``Advisory Committee''
means the Just Transition Advisory Committee established by
this section.
(3) Public land.--The term ``public land'' means any land
and interest in land owned by the United States within the
several States and administered by the Secretary of the
Interior or the Chief of the United States Forest Service,
without regard to how the United States acquired ownership,
including lands located on the Outer Continental Shelf but
excluding lands held in trust for an Indian or Indian Tribe.
(4) Fossil fuel.--The term ``fossil fuel'' means coal,
petroleum, natural gas, tar sands, oil shale, or any derivative
of coal, petroleum, or natural gas.
(5) Displaced worker.--The term ``displaced worker'' means
an individual who, due to efforts to reduce net emissions from
public lands or as a result of a downturn in fossil fuel
mining, extraction, or production, has suffered a reduction in
employment or economic opportunities.
(6) Fossil fuel transition communities.--The term ``fossil
fuel transition communities'' means a community--
(A) that has been adversely affected economically
by a recent reduction in fossil fuel mining,
extraction, or production related activity, as
demonstrated by employment data, per capita income, or
other indicators of economic distress;
(B) that has historically relied on fossil fuel
mining, extraction, or production related activity for
a substantial portion of its economy; or
(C) in which the economic contribution of fossil
fuel mining, extraction or production related activity
has significantly declined.
(7) Fossil fuel dependent communities.--The term ``fossil
fuel dependent communities'' means a community--
(A) that depends on fossil fuel mining, and
extraction, or refining for a significant amount of
economic opportunities; or
(B) where a significant proportion of the
population is employed at electric generating stations
that use fossil fuels as the predominant fuel supply.
SEC. 40230. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.
Not later than 2 years after the date of enactment of this Act, and
biennially thereafter, the Comptroller General of the United States
shall submit to the Committees on Energy and Commerce and Natural
Resources of the House of Representatives, and the Committees on
Environment and Public Works and Energy and Natural Resources of the
Senate, a report that contains an evaluation of the effectiveness of
each activity carried out under this subtitle and the amendments made
by this subtitle.
Subtitle C--Low-Income Solar Energy
SEC. 40301. SHORT TITLE.
This subtitle may be cited as the ``Low-Income Solar Energy Act''.
SEC. 40302. DEFINITIONS.
In this subtitle, the term ``low-income'', used with respect to a
household, means a household that is eligible for a payment under the
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.),
in accordance with--
(1) section 2605(b)(2) of such Act (42 U.S.C. 8624(b)); and
(2) State eligibility guidelines (consistent with such Act)
for that payment.
SEC. 40303. LOW-INCOME HOME ENERGY ASSISTANCE.
(a) Authorization of Appropriations.--Section 2602 of the Low-
Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended--
(1) in the first sentence of subsection (b), by striking
``2607A),'' and all that follows and inserting ``2607A),
$6,075,000,000 for fiscal year 2022 and each subsequent fiscal
year.''; and
(2) in subsection (e), by striking ``(e) of'' and inserting
``(f) of''.
(b) Reservation of Funds.--Section 2604 of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e)(1) Of the funds available to a State under subsection (a), a
territory under subsection (b), or a tribal organization or other
entity under subsection (d), up to 25 percent may be reserved by the
State, territory, or organization or entity, for solar projects for
covered housing.
``(2) The Secretary shall expand the program funded under section
2602(b) to include such solar projects, and for purposes of this title
shall consider--
``(A) the funds used for such projects to be assistance for
home energy costs; and
``(B) the projects to be activities that provide assistance
for home energy costs, rather than to residential
weatherization or other energy-related home repair.
``(3) In determining whether to award, under that program, funding
that includes a portion for a solar project to a State, territory, or
tribal organization or entity, the Secretary shall use the application
and request processes specified in this title, with such adjustments as
the Secretary may specify in regulations.
``(4) The Secretary shall issue regulations and guidance for
States, territories, and tribal organizations and entities, that
receive funds under subsection (a), (b), or (d) (referred to
individually in this subsection as a `covered recipient'), to--
``(A) define the solar projects that may be funded through
the reserved funds described in paragraph (1);
``(B) specify the circumstances and process under which a
covered recipient, with an arrangement with a particular type
of local agency or organization to distribute assistance for
home energy costs, may instead enter into an arrangement with a
different local agency or organization with expertise in solar
projects, for such projects; and
``(C) specify how a covered recipient may distribute such
funds in a manner that usefully finances the work of solar
project developers and solar panel installers for such
projects.
``(5) Not later than 6 months after the date of enactment of the
Low-Income Solar Energy Act, the Secretary shall--
``(A) evaluate whether community solar projects could be
administered through the program carried out under this title;
and
``(B) prepare and submit to Congress a report containing
the evaluation.
``(6) In this section, the term `covered housing' means federally
assisted housing as defined in section 683 of the Housing and Community
Development Act of 1992 (42 U.S.C. 13641), and housing occupied by a
low-income household, as defined in section 40302 of the Low-Income
Solar Energy Act.''.
(c) Use of Funds.--Section 2605(b)(1)(A) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(1)(A)) is amended by
inserting ``, including the costs of solar projects for covered housing
as defined in section 2604(e)'' after ``home energy costs''.
(d) Conforming Amendment.--Section 2609 of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8628) is amended by inserting
``, including solar projects for covered housing or community solar
projects under section 2604(e)'' after ``home repairs''.
SEC. 40304. SOLAR FINANCING AND WORKFORCE TRAINING.
(a) Definitions.--In this section:
(1) Community solar project.--The term ``community solar
project'' means a project for the renewable generation of
energy through solar power that has multiple subscribers that
receive benefits on utility bills that are directly
attributable to the project.
(2) Community solar subscription.--The term ``community
solar subscription'' means ownership of a financial share in a
community solar project that serves multiple consumers.
(3) Eligible entity.--The term ``eligible entity'' means a
developer or installer of solar equipment.
(4) Eligible household.--The term ``eligible household''
means a household that includes an eligible individual as
defined in section 32(c)(1) of the Internal Revenue Code of
1986 for purposes of the credit under section 32 of that Code.
(5) Interconnection.--The term ``interconnection'' has the
meaning given the term in section 111(d)(15) of the Public
Utility Regulatory Policies Act of 1978 (16 U.S.C.
2621(d)(15)).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Solar Financing Program.--
(1) In general.--The Secretary shall establish a solar
financing program under which the Secretary shall offer a
variety of financing mechanisms, including grants, loans, loan
guarantees, and interest buy-downs, to support the deployment
of solar projects for eligible households, in accordance with
this subsection.
(2) Grants.--
(A) In general.--Under the program established
under paragraph (1), the Secretary shall award grants
to eligible entities for deploying residential solar
projects or community solar projects--
(i) that benefit eligible households; and
(ii) in which the tariff, net metering,
bill credit, or other valuation of solar energy
generation, or the sale of that solar
generation by a third party, enables a savings-
to-investment ratio of at least 1:1 for an
eligible entity over a period of not more than
10 years.
(B) Use of funds.--An eligible entity that receives
a grant under the program established under paragraph
(1) shall use the grant only to pay for--
(i) the cost and installation of solar
equipment in buildings in which the dwelling
units of eligible households are located,
including the cost of materials, labor, and
permitting;
(ii) repairs or upgrades to the buildings
described in clause (i) that may be needed to
ensure that solar equipment is installed in a
safe manner; and
(iii) the cost of a community solar
subscription.
(3) Solar housing loans.--
(A) In general.--Under the program established
under paragraph (1), the Secretary shall provide loans
at zero percent interest--
(i) to owners of buildings--
(I) that receive assistance under
section 8(o) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o)); or
(II) with respect to which a credit
is allowable under section 42 of the
Internal Revenue Code of 1986 for the
taxable year in which the loan is
provided; and
(ii) for the purpose of--
(I) installing solar equipment that
benefits the dwelling unit of a tenant;
(II) if necessary for the
installation of solar equipment under
subclause (I), making any upgrade to
the building in which the dwelling unit
is located; and
(III) covering the cost of a
community solar subscription.
(B) Savings.--
(i) In general.--An owner of a building
receiving a loan under this subsection shall--
(I) reduce the rent that each
tenant described in clause (ii) is
required to pay by an amount that is
proportional to the savings obtained
through any solar upgrades described in
subparagraph (A); and
(II) enter into an affordability
agreement with the Secretary to ensure
that the rent of the tenant remains
affordable for the duration of the
tenancy.
(ii) Tenant described.--A tenant referred
to in clause (i) is a tenant that is in a low-
income household and occupying a dwelling unit
in the building, which dwelling unit is
affected by a solar upgrade described in
subparagraph (A).
(C) Guidance; regulation.--The Secretary shall--
(i) publish guidance on what constitutes a
benefit to the dwelling unit of a tenant under
subparagraph (A)(ii)(I); and
(ii) promulgate a regulation on the manner
in which a community solar subscription under
subparagraph (A)(ii)(III) shall be managed.
(c) Community Solar Projects.--The Secretary shall establish a
program under which the Secretary shall make grants for community solar
projects--
(1) to be used for costs associated with interconnection of
the community solar project, including application fees,
interconnection fees, engineering reviews, and other associated
costs incurred during the interconnection process;
(2) to be used for costs associated with upgrades to a
distribution system, if the distribution system requires
service or new equipment to accommodate the installation of the
community solar project; and
(3) led by nonprofit organizations to support the
implementation of the projects for low-income households.
(d) Minority and Woman-Owned Businesses.--The Secretary shall, to
the maximum extent practicable, contract with minority or women-owned
businesses for the deployment of solar projects that are financed
pursuant to this section.
(e) Solar Workforce Program.--
(1) Definitions.--In this subsection:
(A) Eligible participant.--The term ``eligible
participant'' means an individual who is a member of an
underrepresented group, including--
(i) an individual who is a religious,
racial, or ethnic minority;
(ii) a woman;
(iii) a veteran;
(iv) an individual with a disability;
(v) an unemployed energy worker;
(vi) an energy worker employed by a fossil
fuel industry who is being transitioned away
from that industry because of a State renewable
program or Federal program, as determined by
the Secretary;
(vii) a socioeconomically disadvantaged
individual; and
(viii) a formerly incarcerated individual.
(B) Local workforce development board; state
workforce development board.--The terms ``local
workforce development board'' and ``State workforce
development board'' have the meanings given the terms
``local board'' and ``State board'', respectively, in
section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
(C) Program partner.--The term ``program partner''
means--
(i) a business;
(ii) an employer or industry association;
(iii) a labor management organization;
(iv) a local workforce development board or
State workforce development board;
(v) a 2- or 4-year institution of higher
education that offers an educational program
leading to an associate's or bachelor's degree
in conjunction with a certificate of completion
of an apprenticeship or other training program;
(vi) the Armed Forces (including the
National Guard and the Army Reserve);
(vii) a nonprofit organization;
(viii) a community-based organization; and
(ix) an economic development agency.
(2) Establishment.--The Secretary shall establish a solar
workforce program to assist eligible participants in pursuing
careers in the solar energy industry, including as--
(A) solar photovoltaic system installers;
(B) solar technicians;
(C) electrical system inspectors; and
(D) other professionals in the solar industry, as
determined by the Secretary.
(3) Courses.--In carrying out the program established under
paragraph (2), the Secretary shall create courses or seek to
administer existing courses that provide--
(A) job training, including through internships and
work-based training in accordance with paragraph (4);
(B) employment skills training; and
(C) comprehensive support services that--
(i) enhance the training experience and
promote the professional development of
participants; and
(ii) help participants transition into the
workforce.
(4) Course partners.--To the maximum extent practicable,
the Secretary shall partner with program partners to provide
internships and work-based training as part of the job training
offered under paragraph (3)(A).
(5) Exam requirement.--As a requirement for completing a
course under paragraph (3), the Secretary shall require each
participant in the course to earn an applicable industry-
recognized entry-level certificate or other credential, as
determined by the Secretary.
(f) Guarantee of Loans for Acquisition of Property.--Section 108 of
the Housing and Community Development Act of 1974 (42 U.S.C. 5308) is
amended by striking ``or (6)'' and inserting ``(6) the installation of
solar energy equipment; or (7)''.
(g) Power Purchase Agreements for Public Housing Agencies.--Section
6 of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended
by adding at the end the following:
``(u) Power Purchase Agreements.--
``(1) In general.--Each contract for contributions for a
public housing agency shall provide that the agency may enter
into third-party power purchase agreements with third-party
providers for a period of not more than 20 years, in addition
to a 2-year option period, for the installation of solar energy
equipment in public housing projects.
``(2) Utilities.--With respect to tenant-paid utilities,
any solar rate savings from a power purchase agreement that may
result in rebates to a family shall not be used in the
calculation of lower utility allowances for the family that
results in an increase in the rent paid by the family.''.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section and the
amendments made by this section $240,000,000 for each of fiscal years
2022 through 2026.
SEC. 40305. RULEMAKING RELATING TO UTILITY ALLOWANCES.
(a) Definitions.--In this section, the term ``covered housing''
means--
(1) public housing, as defined in section 3(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437a(b)); and
(2) tenant-based assistance provided under section 8(o) of
such Act (42 U.S.C. 1437f(o)).
(b) Rulemaking.--The Secretary of Housing and Urban Development
shall promulgate regulations to provide that, with respect to covered
housing, any solar rate savings for a dwelling unit that is associated
with this subtitle or an amendment made by this subtitle shall not be
used in the calculation of lower utility allowances for a family that
results in an increase in the rent paid by the family.
Subtitle D--Climate Action Planning for Ports
SEC. 40401. SHORT TITLE.
This subtitle may be cited as the ``Climate Action Planning for
Ports Act of 2020''.
SEC. 40402. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT PORTS.
(a) Grants.--The Administrator of the Environmental Protection
Agency may award grants to eligible entities--
(1) to implement plans to reduce greenhouse gas emissions
at one or more ports or port facilities within the
jurisdictions of the respective eligible entities; and
(2) to develop climate action plans described in subsection
(b)(2).
(b) Application.--
(1) In general.--To seek a grant under this section, an
eligible entity shall submit an application to the
Administrator of the Environmental Protection Agency at such
time, in such manner, and containing such information and
assurances as the Administrator may require.
(2) Climate action plan.--At a minimum, each such
application shall contain--
(A) a detailed and strategic plan, to be known as a
climate action plan, that outlines how the eligible
entity will develop and implement climate change
mitigation or adaptation measures through the grant; or
(B) a request pursuant to subsection (a)(2) for
funding for the development of a climate action plan.
(3) Required components.--A climate action plan under
paragraph (2) shall demonstrate that the measures proposed to
be implemented through the grant--
(A) will reduce greenhouse gas emissions at the
port or port facilities involved pursuant to greenhouse
gas emission reduction goals set forth in the climate
action plan;
(B) will reduce other air pollutants at the port or
port facilities involved pursuant to criteria pollutant
emission reduction goals set forth in the climate
action plan;
(C) will implement emissions accounting and
inventory practices to determine baseline emissions and
measure progress; and
(D) will ensure labor protections for workers
employed directly at the port or port facilities
involved, including by--
(i) demonstrating that implementation of
the measures proposed to be implemented through
the grant will not result in a net loss of jobs
at the port or port facilities involved;
(ii) ensuring that laborers and mechanics
employed by contractors and subcontractors on
construction projects to implement the plan
will be paid wages not less than those
prevailing on similar construction in the
locality, as determined by the Secretary of
Labor under sections 3141 through 3144, 3146,
and 3147 of title 40, United States Code; and
(iii) requiring any projects initiated to
carry out the plan with total capital costs of
$1,000,000 or greater to utilize a project
labor agreement and not impact any preexisting
project labor agreement.
(4) Other components.--In addition to the components
required by paragraph (3), a climate action plan under
paragraph (2) shall demonstrate that the measures proposed to
be implemented through the grant will do at least two of the
following:
(A) Improve energy efficiency at a port or port
facility, including by using--
(i) energy-efficient vehicles, such as
hybrid, low-emission, or zero-emission
vehicles;
(ii) energy efficient cargo-handling,
harbor vessels, or storage facilities such as
energy-efficient refrigeration equipment;
(iii) energy-efficient lighting;
(iv) shore power; or
(v) other energy efficiency improvements.
(B) Deploy technology or processes that reduce
idling of vehicles at a port or port facility.
(C) Reduce the direct emissions of greenhouse gases
and other air pollutants with a goal of achieving zero
emissions, including by replacing and retrofitting
equipment (including vehicles onsite, cargo-handling
equipment, or harbor vessels) at a port or port
facility.
(5) Prohibited use.--An eligible entity may not use a grant
provided under this section--
(A) to purchase fully automated cargo handling
equipment;
(B) to build, or plan to build, terminal
infrastructure that is designed for fully automated
cargo handling equipment;
(C) to purchase, test, or develop highly automated
trucks, chassis, or any related equipment that can be
used to transport containerized freight; or
(D) to extend to any independent contractor,
independent owner, operator, or other entity that is
not using employees for the sake of performing work on
terminal grounds.
(6) Coordination with stakeholders.--In developing a
climate action plan under paragraph (2), an eligible entity
shall--
(A) identify and collaborate with stakeholders who
may be affected by the plan, including local
environmental justice communities and other near-port
communities;
(B) address the potential cumulative effects of the
plan on stakeholders when those effects may have a
community-level impact; and
(C) ensure effective advance communication with
stakeholders to avoid and minimize conflicts.
(c) Priority.--In awarding grants under this section, the
Administrator of the Environmental Protection Agency shall give
priority to applicants proposing--
(1) to strive for zero emissions as a key strategy within
the grantee's climate action plan under paragraph (2);
(2) to take a regional approach to reducing greenhouse gas
emissions at ports;
(3) to collaborate with near-port communities to identify
and implement mutual solutions to reduce air pollutants at
ports or port facilities affecting such communities, with
emphasis given to implementation of such solutions in near-port
communities that are environmental justice communities;
(4) to implement activities with off-site benefits, such as
by reducing air pollutants from vehicles, equipment, and
vessels at sites other than the port or port facilities
involved; and
(5) to reduce localized health risk pursuant to health risk
reduction goals that are set within the grantee's climate
action plan under paragraph (2).
(d) Model Methodologies.--The Administrator of the Environmental
Protection Agency shall--
(1) develop model methodologies which grantees under this
section may choose to use for emissions accounting and
inventory practices referred to in subsection (b)(3)(C); and
(2) ensure that such methodologies are designed to measure
progress in reducing air pollution at near-port communities.
(e) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``cargo-handling equipment'' includes--
(A) ship-to-shore container cranes and other
cranes;
(B) container-handling equipment; and
(C) equipment for moving or handling cargo,
including trucks, reachstackers, toploaders, and
forklifts.
(3) The term ``eligible entity'' means--
(A) a port authority;
(B) a State, regional, local, or Tribal agency that
has jurisdiction over a port authority or a port;
(C) an air pollution control district; or
(D) a private entity (including any nonprofit
organization) that--
(i) applies for a grant under this section
in collaboration with an entity described in
subparagraph (A), (B), or (C); and
(ii) owns, operates, or uses a port
facility, cargo equipment, transportation
equipment, related technology, or a warehouse
facility at a port or port facility.
(4) The term ``environmental justice community'' means a
community with significant representation of communities of
color, low-income communities, or Tribal and indigenous
communities, that experiences, or is at risk of experiencing,
higher or more adverse human health or environmental effects.
(5) The term ``harbor vessel'' includes a ship, boat,
lighter, or maritime vessel designed for service at and around
harbors and ports.
(6) The term ``inland port'' means a logistics or
distribution hub that is located inland from navigable waters,
where cargo, such as break-bulk cargo or cargo in shipping
containers, is processed, stored, and transferred between
trucks, rail cars, or aircraft.
(7) The term ``port'' includes an inland port.
(8) The term ``stakeholder''--
(9) The term ``stakeholder'' means residents, community
groups, businesses, business owners, labor unions, commission
members, or groups from which a near-port community draws its
resources that--
(A) have interest in the climate action plan of a
grantee under this section; or
(B) can affect or be affected by the objectives and
policies of such a climate action plan.
(f) Authorization of Appropriations.--
(1) In general.--To carry out this subtitle, there is
authorized to be appropriated $250,000,000 for each of fiscal
years 2022 through 2026.
(2) Development of climate action plans.--In addition to
the authorization of appropriations in paragraph (1), there is
authorized to be appropriated for grants pursuant to subsection
(a)(2) to develop climate action plans $50,000,000 for fiscal
year 2023, to remain available until expended.
Subtitle E--Open Back Better
SEC. 40501. SHORT TITLE.
This subtitle may be cited as the ``Open Back Better Act of 2020''.
SEC. 40502. FACILITIES ENERGY RESILIENCY.
(a) Definitions.--In this section:
(1) Covered project.--The term ``covered project'' means a
building project at an eligible facility that--
(A) increases--
(i) resiliency, including--
(I) public health and safety;
(II) power outages;
(III) natural disasters;
(IV) indoor air quality; and
(V) any modifications necessitated
by the COVID-19 pandemic;
(ii) energy efficiency;
(iii) renewable energy; and
(iv) grid integration; and
(B) may have combined heat and power and energy
storage as project components.
(2) Early childhood education program.--The term ``early
childhood education program'' has the meaning given the term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(4) Eligible facility.--The term ``eligible facility''
means a public facility, as determined by the Secretary,
including--
(A) a public school, including an elementary school
and a secondary school;
(B) a facility used to operate an early childhood
education program;
(C) a local educational agency;
(D) a medical facility;
(E) a local or State government building;
(F) a community facility;
(G) a public safety facility;
(H) a day care center;
(I) an institution of higher education;
(J) a public library; and
(K) a wastewater treatment facility.
(5) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low income
communities, or Tribal and indigenous communities, that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(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) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(8) Low income.--The term ``low income'', with respect to a
household, means an annual household income equal to, or less
than, the greater of--
(A) 80 percent of the median income of the area in
which the household is located, as reported by the
Department of Housing and Urban Development; and
(B) 200 percent of the Federal poverty line.
(9) Low income community.--The term ``low income
community'' means a census block group in which not less than
30 percent of households are low income.
(10) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(11) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(12) State.--The term ``State'' has the meaning given the
term in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202).
(13) State energy program.--The term ``State Energy
Program'' means the State Energy Program established under part
D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
(14) Tribal organization.--
(A) In general.--The term ``tribal organization''
has the meaning given the term in section 3765 of title
38, United States Code.
(B) Technical amendment.--Section 3765(4) of title
38, United States Code, is amended by striking
``section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l))'' and
inserting ``section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)''.
(b) State Programs.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall distribute grants
to States under the State Energy Program, in accordance with
the allocation formula established under that Program, to
implement covered projects.
(2) Use of funds.--
(A) In general.--Subject to subparagraph (B), grant
funds under paragraph (1) may be used for technical
assistance, project facilitation, and administration.
(B) Technical assistance.--A State may use not more
than 10 percent of grant funds received under paragraph
(1) to provide technical assistance for the
development, facilitation, management, oversight, and
measurement of results of covered projects implemented
using those funds.
(C) Environmental justice and other communities.--
To support communities adversely impacted by the COVID-
19 pandemic, a State shall use not less than 40 percent
of grant funds received under paragraph (1) to
implement covered projects in environmental justice
communities or low income communities.
(D) Private financing.--A State receiving a grant
under paragraph (1) shall--
(i) to the extent practicable, leverage
private financing for cost-effective energy
efficiency, renewable energy, resiliency, and
other smart-building improvements, such as by
entering into an energy service performance
contract; but
(ii) maintain the use of grant funds to
carry out covered projects with more project
resiliency, public health, and capital-
intensive efficiency and emission reduction
components than are typically available through
private energy service performance contracts.
(E) Guidance.--In carrying out a covered project
using grant funds received under paragraph (1), a State
shall, to the extent practicable, adhere to guidance
developed by the Secretary pursuant to the American
Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 115) relating to distribution of funds, if
that guidance will speed the distribution of funds
under this subsection.
(3) No matching requirement.--Notwithstanding any other
provision of law, a State receiving a grant under paragraph (1)
shall not be required to provide any amount of matching
funding.
(4) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (5) are
no longer available, the Secretary shall submit a report on the
use of those funds (including in the communities described in
paragraph (2)(C)) to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(5) Funding.--In addition to any amounts made available to
the Secretary to carry out the State Energy Program, there is
appropriated to the Secretary, out of funds in the Treasury not
otherwise appropriated, $18,000,000,000 to carry out this
subsection, to remain available until September 30, 2027.
(6) Supplement, not supplant.--Funds made available under
paragraph (5) shall supplement, not supplant, any other funds
made available to States for the State Energy Program or the
weatherization assistance program established under part A of
title IV of the Energy Conservation and Production Act (42
U.S.C. 6861 et seq.).
(c) Federal Energy Management Program.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall use the funds
appropriated under paragraph (4) to provide grants under the
AFFECT program under the Federal Energy Management Program of
the Department of Energy to implement covered projects.
(2) Private financing.--A recipient of a grant under
paragraph (1) shall--
(A) to the extent practicable, leverage private
financing for cost-effective energy efficiency,
renewable energy, resiliency, and other smart-building
improvements, such as by entering into an energy
service performance contract; but
(B) maintain the use of grant funds to carry out
covered projects with more project resiliency, public
health, and capital-intensive efficiency and emission
reduction components than are typically available
through private energy service performance contracts.
(3) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under paragraph (4) are
no longer available, the Secretary shall submit a report on the
use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(4) Funding.--In addition to any amounts made available to
the Secretary to carry out the AFFECT program described in
paragraph (1), there is appropriated to the Secretary, out of
funds in the Treasury not otherwise appropriated, $500,000,000
to carry out this subsection, to remain available until
September 30, 2027.
(d) Tribal Organizations.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary, acting through the head
of the Office of Indian Energy, shall distribute funds made
available under paragraph (3) to tribal organizations to
implement covered projects.
(2) Report.--Not later than 1 year after the date on which
funds are distributed under paragraph (1), and each year
thereafter until the funds made available under paragraph (3)
are no longer available, the Secretary shall submit a report on
the use of those funds to--
(A) the Subcommittee on Energy and Water
Development of the Committee on Appropriations of the
Senate;
(B) the Subcommittee on Energy and Water
Development and Related Agencies of the Committee on
Appropriations of the House of Representatives;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(3) Funding.--There is appropriated to the Secretary, out
of funds in the Treasury not otherwise appropriated,
$1,500,000,000 to carry out this subsection, to remain
available until September 30, 2027.
(e) Use of American Iron, Steel, and Manufactured Goods.--
(1) In general.--Except as provided in paragraph (2), none
of the funds made available by or pursuant to this section may
be used for a covered project unless all of the iron, steel,
and manufactured goods used in the project are produced in the
United States.
(2) Exceptions.--The requirement under paragraph (1) shall
be waived by the head of the relevant Federal department or
agency in any case or category of cases in which the head of
the relevant Federal department or agency determines that--
(A) adhering to that requirement would be
inconsistent with the public interest;
(B) the iron, steel, and manufactured goods needed
for the project are not produced in the United States--
(i) in sufficient and reasonably available
quantities; and
(ii) in a satisfactory quality; or
(C) the inclusion of iron, steel, and relevant
manufactured goods produced in the United States would
increase the overall cost of the project by more than
25 percent.
(3) Waiver publication.--If the head of a Federal
department or agency makes a determination under paragraph (2)
to waive the requirement under paragraph (1), the head of the
Federal department or agency shall publish in the Federal
Register a detailed justification for the waiver.
(4) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under all applicable international agreements.
(f) Wage Rate Requirements.--
(1) In general.--Notwithstanding any other provision of
law, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly or assisted in whole
or in part by the Federal Government pursuant to this section
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 of Labor 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.
SEC. 40503. PERSONNEL.
(a) In General.--To carry out section 40502, the Secretary shall
hire within the Department of Energy--
(1) not less than 300 full-time employees in the Office of
Energy Efficiency and Renewable Energy;
(2) not less than 100 full-time employees, to be
distributed among--
(A) the Office of General Counsel;
(B) the Office of Procurement Policy;
(C) the Golden Field Office;
(D) the National Energy Technology Laboratory; and
(E) the Office of the Inspector General; and
(3) not less than 20 full-time employees in the Office of
Indian Energy.
(b) Timeline.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall--
(1) hire all personnel under subsection (a); or
(2) certify that the Secretary is unable to hire all
personnel by the date required under this subsection.
(c) Contract Hires.--
(1) In general.--If the Secretary makes a certification
under subsection (b)(2), the Secretary may hire on a contract
basis not more than 50 percent of the personnel required to be
hired under subsection (a).
(2) Duration.--An individual hired on a contract basis
under paragraph (1) shall have an employment term of not more
than 1 year.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $84,000,000 for
each of fiscal years 2022 through 2031.
(e) Report.--Not later than 60 days after the date of enactment of
this Act, and annually thereafter for 2 years, the Secretary shall
submit a report on progress made in carrying out subsection (a) to--
(1) the Subcommittee on Energy and Water Development of the
Committee on Appropriations of the Senate;
(2) the Subcommittee on Energy and Water Development and
Related Agencies of the Committee on Appropriations of the
House of Representatives;
(3) the Committee on Energy and Natural Resources of the
Senate; and
(4) the Committee on Energy and Commerce of the House of
Representatives.
Subtitle F--Supporting the Teaching of Climate Change in Schools
SEC. 40601. FINDINGS.
Congress finds the following:
(1) More than 80 percent of parents in the United States
support the teaching of climate change.
(2) 86 percent of teachers in the United States feel that
climate change should be taught in schools.
(3) 17 percent of teachers say they either do not have
materials to teach climate change or they do not know enough
about the subject to teach it.
(4) Climate change is not a partisan or political issue.
(5) There is a broad consensus among climate scientists
that the human activities contributing to increases in
greenhouse gas emissions are the dominant cause of climate
change.
(6) To meaningfully act upon our changing climate and
changed world, young people need education about its causes,
consequences, anticipated future impacts, and possible
solutions.
(7) Climate change is a social justice, racial justice, and
human rights issue.
(8) According to the National Center for Science Education,
37 States and the District of Columbia recognize human-caused
climate change in their science education standards.
(9) The National Science Teaching Association, the National
Association of Geoscience Teachers, the National Association of
Biology Teachers, and other professional organizations have
called for greater support for science educators in teaching
climate science and climate change.
(10) In 2015, the California State PTA declared climate
change a children's issue.
(11) In 2019, the California Association of School
Psychologists declared climate change a potential threat to the
psychological and social development of children.
(12) Climate change is threatening students' communities
with intensifying natural disasters, increasing temperatures,
rising sea levels, and other extreme weather threats.
(13) Climate change disproportionately affects students of
color and students in poverty, thereby exacerbating existing
inequalities and limiting equality of opportunity.
(14) Children represent a particularly vulnerable group
because greenhouse gases emitted into the atmosphere will
continue to accumulate over the coming decades and cause
negative health outcomes.
(15) Children are more vulnerable to the effects of
criteria air pollutants emitted during the burning of fossil
fuels.
(16) Americans must unify behind addressing climate change
for the good of this generation and all subsequent generations.
(17) School districts should explore district-wide
sustainability initiatives to educate students and reduce their
carbon footprint.
(18) Teaching climate change in schools will help students
understand the human impact of climate change.
(19) Teaching climate change in schools will help students
understand that life on Earth depends on, is shaped by, and
affects our climate.
(20) Teaching climate change will help students develop
energy literacy and may stimulate interest in STEM careers.
(21) Teaching climate change will have consequences for
Earth, human lives, and ecosystems around the world.
(22) When students engage in a climate change curriculum,
they can develop a greater sense of efficacy with respect to
their capacity to address critical social and environmental
issues.
(23) The global impact of climate change and the urgency
and magnitude of the challenge of addressing climate change
will eventually fall on current students.
SEC. 40602. SENSE OF CONGRESS.
The Congress--
(1) supports teaching climate change in public and private
schools at all grade levels;
(2) encourages the Federal Government, States, localities,
nonprofit organizations, schools, and community organizations
to teach climate change in appropriate programs and activities,
with the goal of increasing public knowledge on the impacts
that humans have on the climate; and
(3) encourages school districts to provide robust resources
to teachers and students so they can learn about climate change
in a safe and open learning environment.
Subtitle G--Women and Climate Change
SEC. 40701. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This subtitle may be cited as the ``Women and
Climate Change Act of 2020''.
(b) Table of Contents.--The table of contents for this subtitle is
as follows:
Sec. 40701. Short title; table of contents.
Sec. 40702. Findings.
Sec. 40703. Definitions.
Sec. 40704. Statement of policy.
Part 1--Strategies, Policies, and Programs
Sec. 40711. Federal Interagency Working Group on Women and Climate
Change.
Sec. 40712. Development and implementation of strategy and policies to
prevent and respond to the effects of
climate change on women globally.
Part 2--Oversight and Accountability
Sec. 40721. Senior Coordinator for Women and Climate Change.
Sec. 40722. Briefing and report.
SEC. 40702. FINDINGS.
Congress makes the following findings:
(1) Women in the United States and around the world are the
linchpin of families and communities and are often the first to
feel the immediate and adverse effects of social,
environmental, and economic stresses on their families and
communities.
(2) The United Nations has recognized, as one of the
central organizing principles for its work, that ``no enduring
solution to society's most threatening social, economic and
political problems can be found without the full participation,
and the full empowerment, of the world's women''.
(3) The United Nations Development Programme 2013 Human
Development Report has found that the number of people living
in extreme poverty could increase by up to 3,000,000,000 by
2050 unless environmental disasters are averted by coordinated
global action.
(4) Climate change is already forcing the most vulnerable
communities and populations in developing countries to face
unprecedented climate stress, including water scarcity and
drought, as well as severe weather events and floods, which can
lead to reduced agricultural productivity, food insecurity, and
increased disease.
(5) Climate change exacerbates issues of scarcity and lack
of accessibility to primary natural resources, forest
resources, and arable land for food production, thereby
contributing to increased conflict and instability, as well as
the workload and stresses on women farmers, who are estimated
to produce 60 to 80 percent of the food in most developing
countries.
(6) Women will disproportionately face harmful impacts from
climate change, particularly in poor and developing nations
where women regularly assume increased responsibility for
growing the family's food and collecting water, fuel, and other
resources.
(7) Epidemics, such as malaria and zika, are expected to
worsen and spread due to variations in climate, putting women
(especially pregnant mothers and women who hope to become
pregnant) and children without access to prevention and medical
services at risk.
(8) The direct and indirect effects of climate change have
a disproportionate impact on marginalized women, such as
environmental refugees and displaced persons, migrants,
religious, racial, or ethnic minorities, adolescent girls,
lesbian and trans women, women living in poverty, and women and
girls with disabilities and those who are living with HIV.
(9) Conflict has a disproportionate impact on the most
vulnerable communities and populations, including women, and is
fueled in the poorest regions of the world by harsher climates,
leading to migration, refugee crises, and conflicts over scarce
natural resources, including land and water.
(10) Displaced, refugee, and stateless women and girls face
extreme violence and threats, including--
(A) being forced to exchange sex for food and
humanitarian supplies;
(B) being at increased risk of rape, sexual
exploitation, and abuse; and
(C) being at increased risk for HIV, sexually
transmitted infections (STIs), unplanned pregnancy, and
poor reproductive health.
(11) It is predicted that climate change will lead to
increasing frequency and intensity of extreme weather
conditions, precipitating the occurrence of natural disasters
around the globe.
(12) The relocation and death of women, and especially
mothers, as a result of climate-related disasters often has
devastating impacts on social support networks, family ties,
and the coping capacity of families and communities.
(13) The ability of women to adapt to climate change is
constrained by a lack of economic freedoms, property and
inheritance rights, and access to financial resources,
education, family planning and reproductive health, and new
tools, equipment, and technology.
(14) Despite having a unique capacity and knowledge to
promote and provide for adaptation to climate change, women
often have insufficient resources to undertake such adaptation.
(15) Women are shown to have a multiplier effect because
women use their income and resources, when given the necessary
tools, to increase the well-being of their children and
families, and thus play a critical role in reducing food
insecurity, poverty, and socioeconomic effects of climate
change.
(16) Women are often underrepresented in the development
and formulation of policy regarding mitigation and adaptation
to climate change, even though women are often in the best
position to provide and consult on adaptive strategies.
SEC. 40703. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Climate change.--The term ``climate change'' means a
change of climate that is attributed directly or indirectly
to--
(A) human activity; and
(B) altering the composition of the global
atmosphere.
(3) Developing country.--The term ``developing country''
means a country classified by the World Bank as having a low-
income or lower-middle-income economy.
(4) Disparate impact.--The term ``disparate impact'' refers
to the historical and ongoing impacts of the pattern and
practice of discrimination in employment, education, housing,
banking, health, and nearly every other aspect of life in the
economy, society, or culture that have an adverse impact on
minorities, women, or other protected groups, regardless of
whether such practices were motivated by discriminatory intent.
(5) Environmental disasters.--The term ``environmental
disasters'' means specific events caused by human activity that
result in seriously negative effects on the environment.
(6) Environmental refugees.--The term ``environmental
refugees'' means people displaced because of environmental
causes, notably land loss and degradation, and natural
disasters, who have left their community or country of origin.
(7) Extreme poverty.--The term ``extreme poverty'' means
having an income level or living standard at a level of extreme
deprivation based on living with income below 50 percent of the
poverty line as established by the individual country at issue,
or below $1.90 per day as determined by the World Bank.
(8) Extreme weather.--The term ``extreme weather'' means
unexpected, unusual, unpredictable, severe, or unseasonal
weather that is at the extremes of the historical distribution
range that has been seen in the past.
(9) Federal agency.--The term ``Federal agency'' means any
executive department, Government corporation, Government-
controlled corporation, or other establishment in the executive
branch of the Government (including the Executive Office of the
President), or any independent regulatory agency.
(10) Food insecurity.--The term ``food insecurity'' means a
lack of consistent access to food.
(11) Most vulnerable communities and populations.--The term
``most vulnerable communities and populations'' means
communities and populations, including women, impoverished
communities, adolescent girls, people with disabilities,
indigenous peoples, refugees, displaced persons, migrants,
religious, racial, or ethnic minorities, lesbian and trans
women, women living in poverty, women and girls with
disabilities, and those who are living with HIV, who are at
risk of substantial adverse impacts of climate change and have
limited capacity to respond to such impacts.
(12) Poverty.--The term ``poverty'' means an income level
and living standard insufficient to meet basic needs.
SEC. 40704. STATEMENT OF POLICY.
It is the policy of the United States, in partnership with affected
countries, donor country governments, international financial
institutions, international nongovernmental organizations, multilateral
organizations, and civil society groups, especially those led by women,
to combat the leading causes of climate change, mitigate the effects of
climate change on women and girls, and elevate the participation of
women in policy, program, and community decision-making processes with
respect to climate change, by--
(1) establishing the Federal Interagency Working Group on
Women and Climate Change, the mission of which is to prevent
and respond to the effects of climate change on women globally;
and
(2) implementing a coordinated, integrated, evidence-based,
and comprehensive strategy on women and climate change
throughout United States policies in the future.
PART 1--STRATEGIES, POLICIES, AND PROGRAMS
SEC. 40711. FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE
CHANGE.
(a) Establishment.--There is established in the Department of State
a Federal Interagency Working Group on Women and Climate Change (in
this subtitle referred to as the ``Working Group'').
(b) Chairperson.--The Senior Coordinator for Women and Climate
Change designated pursuant to section 40721 shall serve as the
chairperson of the Working Group.
(c) Membership.--
(1) In general.--The Working Group shall be composed of one
senior-level representative from each of the Federal agencies
described in paragraph (2), as selected by the head of the
respective agency from the senior ranks of that agency.
(2) Agencies.--The agencies described in this paragraph are
the following:
(A) The Department of State, including--
(i) the Office of Global Women's Issues;
(ii) the Office of Civil Rights;
(iii) the Bureau of Oceans and
International Environmental and Scientific
Affairs;
(iv) the Bureau of Population, Refugees,
and Migration;
(v) the Bureau of Democracy, Human Rights,
and Labor; and
(vi) the Bureau of International
Organization Affairs.
(B) The United States Agency for International
Development.
(C) The Centers for Disease Control and Prevention.
(D) The Environmental Protection Agency.
(E) The National Oceanic and Atmospheric
Administration.
(F) The National Institutes of Health.
(G) The National Science Foundation.
(H) The Council on Environmental Quality.
(I) Such other agencies as may be designated by the
Senior Coordinator for Women and Climate Change.
(d) Functions.--The Working Group shall--
(1) coordinate and integrate the development of all
policies and activities of the Federal Government across all
agencies relating to--
(A) combating the effects of climate change on
women in the national and international sphere; and
(B) improving the response and strategy of the
Federal Government to fight climate change for the
security of the United States and the international
community;
(2) allow each member of the Working Group to act as a
representative for the Working Group within the Federal
department or agency of such member to facilitate
implementation of the Working Group policies within such
department or agency;
(3) ensure that all relevant Federal departments or
agencies comply with appropriate guidelines, policies, and
directives from the Working Group, the Department of State, and
other Federal departments or agencies with responsibilities
relating to climate change;
(4) ensure that Federal departments or agencies, State
governments, and relevant congressional committees, in
consultation with nongovernmental organizations and policy
experts in the field and State and local government officials
who administer or direct policy for programs relating to
climate change and women--
(A) have access to, receive, and appropriately
disseminate best practices in the administration of
such programs;
(B) have adequate resources to maximize the public
awareness of such programs;
(C) increase the reach of such programs;
(D) share relevant data; and
(E) issue relevant guidance; and
(5) identify and disseminate best practices for improved
collection on the part of each Federal department or agency of
data relevant to the disparate impact of climate change on
women, including in--
(A) unpaid care work;
(B) community advocacy, activism, and
representation;
(C) women's and girls' access to education;
(D) access to comprehensive health care, including
reproductive health and rights;
(E) desertification and food insecurity;
(F) community infrastructure, multilevel Government
adaptability, and climate resilience;
(G) climate and weather-related crisis response,
including safety from gender-based violence; and
(H) women's involvement and leadership in the
development of frameworks and policies for climate
resilience.
(e) Consultation.--The Working Group may consult and obtain
recommendations from such independent nongovernmental policy experts,
State and local government officials, independent groups and
organizations, or other groups or organizations as the Senior
Coordinator for Women and Climate Change determines will assist in
carrying out the mission of the Working Group.
(f) Frequency of Meetings.--The Working Group shall--
(1) meet not less frequently than once each quarter to
discuss and develop policies, projects, and programs; and
(2) meet with the Senior Coordinator for Women and Climate
Change not less frequently than once each month to report on
and discuss implementation of such policies, projects, and
programs.
SEC. 40712. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO
PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON
WOMEN GLOBALLY.
(a) Initial Strategy Required.--Not later than 180 days after the
date of the enactment of this Act, the Senior Coordinator for Women and
Climate Change and the Ambassador-at-Large for the Office of Global
Women's Issues of the Department of State, in consultation with the
Working Group, shall develop and submit to the appropriate
congressional committees a United States National and International
Strategy to prevent and respond to the effects of climate change on
women.
(b) Contents.--The strategy submitted under subsection (a) shall
include--
(1) recognizing the disparate impacts of climate change on
women and the efforts of women globally to address climate
change;
(2) taking effective action--
(A) to prevent and respond to climate change and
mitigate the effects of climate change on women around
the world; and
(B) to promote gender equality, economic growth,
public health, racial justice, and human rights;
(3) implementing the United Nations Sustainable Development
Goals listed in subsection (f), through and beyond 2030, as
part of the strategy to prevent and respond to the effects of
climate change on women globally;
(4) implementing balanced gender participation to avoid
reinforcing binary roles, especially among individuals from the
communities most impacted, in climate change adaptation and
mitigation efforts, including in governance and diplomatic
positions within the United States Government;
(5) working at the local, national, and international
levels, including with individuals, families, and communities,
to prevent and respond to the effects of climate change on
women;
(6) systematically integrating and coordinating efforts to
prevent and respond to the effects of climate change on women
internationally into United States foreign policy and foreign
assistance programs;
(7) investing in research on climate change through
appropriate Federal departments or agencies and funding of
university and independent research groups on the various
causes and effects of climate change;
(8) developing and implementing gender-sensitive frameworks
in policies to address climate change that account for the
specific impacts of climate change on women;
(9) developing policies to support women who are
particularly vulnerable to the impacts of climate change to
prepare for, build their resilience to, and adapt to such
impacts, including a commitment to increase education and
training opportunities for women to develop local resilience
plans to address the effects of climate change;
(10) developing and investing in programs for the education
and empowerment of women and girls in the United States and
across the global community, including to gather information on
how climate change is affecting their lives and for guidance on
the needs of their families and communities in the face of
climate change, in coordination with the diplomatic missions of
other countries;
(11) consulting with representatives of civil society,
including nongovernmental organizations, community and faith-
based organizations, multilateral organizations, local and
international civil society groups, and local climate change
organizations and their beneficiaries, that have demonstrated
experience in preventing and responding to the effects of
climate change on women;
(12) supporting and building local capacity in developing
countries, including with respect to governments at all levels
and nongovernmental organizations (especially women-led), to
prevent and respond to the effects of climate change on women;
(13) developing programs to empower women in communities to
have a voice in the planning, design, implementation, and
evaluation of strategies to address climate change so that
their roles and resources are taken into account;
(14) including women in economic development planning,
policies, and practices that directly improve conditions that
result from climate change;
(15) integrating a gender approach in all policies and
programs in the United States that are globally related to
climate change; and
(16) ensuring that such policies and programs support women
globally to prepare for, build resilience for, and adapt to,
climate change.
(c) Updates.--The Senior Coordinator for Women and Climate Change
shall--
(1) consult with the Working Group to collect information
and feedback; and
(2) update the strategy and programs to prevent and respond
to the effects of climate change on women globally, as the
Senior Coordinator for Women and Climate Change considers
appropriate.
(d) Implementation Plan and Budget Required.--Not later than 60
days after the date of the submittal of the strategy under subsection
(a), the Senior Coordinator for Women and Climate Change shall submit
to the appropriate congressional committees an implementation plan and
budget for the strategy.
(e) Assistance and Consultation.--The Senior Coordinator for Women
and Climate Change shall assist and provide consultation to the
Secretary of State in preventing and responding to the effects of
climate change on women globally.
(f) United Nations Sustainable Development Goals Through and Beyond
2030.--The United Nations Sustainable Development Goals listed in this
subsection are the following:
(1) Ending poverty in all its forms everywhere.
(2) Ending hunger, achieving food security and improved
nutrition, and promoting sustainable agriculture.
(3) Ensuring healthy lives and promoting well-being for all
and at all ages.
(4) Ensuring inclusive, equitable, and quality education
and promoting lifelong learning opportunities for all.
(5) Achieving gender equality and empowering all women and
girls.
(6) Ensuring the availability and sustainable management of
water and sanitation for all.
(7) Ensuring access to affordable, reliable, sustainable,
and modern energy for all.
(8) Promoting sustained, inclusive, and sustainable
economic growth, full and productive employment, and decent
work for all.
(9) Building resilient infrastructure, promoting inclusive
and sustainable industrialization, and fostering innovation.
(10) Reducing inequality within and among countries.
(11) Making cities and human settlements inclusive, safe,
resilient, and sustainable.
(12) Ensuring sustainable consumption and production
patterns.
(13) Taking urgent action to combat climate change and its
impacts.
(14) Conserving and sustainably using the oceans, seas, and
marine resources for sustainable development.
(15) Protecting, restoring, and promoting sustainable use
of terrestrial ecosystems, sustainably managing forests,
combating desertification, and halting and reversing land
degradation and biodiversity loss.
(16) Promoting peaceful and inclusive societies for
sustainable development, providing access to justice for all,
and building effective, accountable and inclusive institutions
at all levels.
(17) Strengthening the means of policy implementation and
revitalizing the global partnership for sustainable
development.
PART 2--OVERSIGHT AND ACCOUNTABILITY
SEC. 40721. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE.
(a) Establishment.--The Ambassador-at-Large of the Office of Global
Women's Issues of the Department of State shall designate an individual
to serve as a Senior Advisor, or equivalent role, who shall serve
concurrently as the Senior Coordinator for Women and Climate Change.
(b) Duties.--The Senior Coordinator for Women and Climate Change
shall--
(1) direct the activities, policies, programs, and funding
of the Department of State relating to the effects of climate
change on women, including with respect to efforts to prevent
and respond to those effects;
(2) advise the Secretary of State, the relevant heads of
other Federal departments and independent agencies, and other
entities within the Executive Office of the President,
regarding the establishment of--
(A) policies, goals, objectives, and priorities for
addressing and combating the effects of climate change
on women; and
(B) mechanisms to improve the effectiveness,
coordination, impact, and outcomes of programs relating
to addressing and combating the effects of climate
change on women, in coordination with experts in the
field, nongovernmental organizations, and foreign
governments; and
(3) identify and assist in the resolution of any disputes
that arise between Federal agencies relating to policies and
programs to address and combat the effects of climate change on
women or other matters within the responsibility of the Office
of Global Women's Issues.
(c) Reporting.--The Senior Coordinator for Women and Climate Change
shall report to the Ambassador-at-Large for the Office of Global
Women's Issues and the Secretary of State.
SEC. 40722. BRIEFING AND REPORT.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Ambassador-at-Large and the Senior
Coordinator for Women and Climate Change shall jointly--
(1) brief the appropriate congressional committees on--
(A) the effects of climate change on women; and
(B) the prevention and response strategies,
programming, and associated outcomes with respect to
climate change; and
(2) submit to the appropriate congressional committees an
assessment of the human and financial resources necessary to
fulfill the purposes of and carry out this subtitle.
Subtitle H--Clean School Bus
SEC. 40801. SHORT TITLE.
This subtitle may be cited as the ``Clean School Bus Act of 2020''.
SEC. 40802. CLEAN SCHOOL BUS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Electric school bus.--The term ``electric school bus''
means a school bus that is propelled--
(A) to a significant extent by an electric motor
that--
(i) draws electricity from a battery; and
(ii) is capable of being recharged from an
external source of electricity; or
(B) by 1 or more hydrogen fuel cells.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) 1 or more local, regional, or State
governmental entities responsible for--
(i) providing school bus service to 1 or
more public school systems; or
(ii) purchasing school buses for use by 1
or more public school systems;
(B) a nonprofit school transportation association;
or
(C) a tribally controlled school (as defined in
section 5212 of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2511)).
(3) Fuel cell.--The term ``fuel cell'' has the meaning
given the term in section 803 of the Energy Policy Act of 2005
(42 U.S.C. 16152).
(4) Program.--The term ``program'' means the Clean School
Bus Grant Program established under subsection (b)(1).
(5) School bus.--The term ``school bus'' has the meaning
given the term ``schoolbus'' in section 30125(a) of title 49,
United States Code.
(6) Scrap.--
(A) In general.--The term ``scrap'' means, with
respect to a school bus engine replaced using funds
awarded under the program, to recycle, crush, or shred
the engine within such period and in such manner as
determined by the Secretary.
(B) Exclusion.--The term ``scrap'' does not include
selling, leasing, exchanging, or otherwise disposing of
an engine described in subparagraph (A) for use in
another motor vehicle in any location.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Clean School Bus Grant Program.--
(1) Establishment.--The Secretary shall establish in the
Office of Energy Efficiency and Renewable Energy of the
Department of Energy a program, to be known as the ``Clean
School Bus Grant Program'', for awarding grants on a
competitive basis to eligible entities for the replacement of
certain existing school buses.
(2) Applications.--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 shall require, including--
(A) a certification that no public work or service
normally performed by a public employee will be
privatized or subcontracted in carrying out a project
under the grant; and
(B) to ensure a fair assessment of total workforce
impact, a detailed accounting of the workforce of the
eligible entity at the time of application, including--
(i) the number of employees, organized by
salary;
(ii) the bargaining unit status of each
employee;
(iii) the full- or part-time status of each
employee; and
(iv) the job title of each employee.
(3) Priority of grant applications.--
(A) In general.--The Secretary shall give highest
priority under the program to proposed projects of
eligible entities that--
(i) serve the neediest students, as
described in subparagraph (B); and
(ii) will most reduce emissions, as
described in subparagraph (C).
(B) Neediest students described.--The neediest
students referred to in subparagraph (A)(i) are
students who are eligible for free or reduced price
lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
(C) Most emissions-reducing projects described.--
The projects that will most reduce emissions referred
to in subparagraph (A)(ii) are projects that--
(i) will replace the most polluting diesel
school buses with the cleanest running electric
school buses, as indicated by--
(I) the age of the school buses to
be replaced;
(II) the emissions control
technologies on the school buses to be
replaced;
(III) the annual vehicle miles
traveled by the school buses to be
replaced;
(IV) the source of electricity or
hydrogen used to power the electric
school buses; and
(V) any other factors the Secretary
determines to be relevant; or
(ii) will complement the use of grant funds
through other activities that--
(I) will enable broader deployment
of electric vehicles, such as securing
additional sources of funding through
public-private partnerships with
utilities, grants from other entities,
or issuance of school bonds; or
(II) will achieve further
reductions in emissions, such as
installing solar panels to charge
electric school buses purchased with
grant funds.
(D) Additional considerations.--In giving
additional consideration to eligible entities seeking
grants to purchase electric school buses under the
program that meet the priorities described in
subparagraph (A), the Secretary may consider--
(i) whether the grant will benefit students
in a region that is in nonattainment of a
national ambient air quality standard under
section 109 of the Clean Air Act (42 U.S.C.
7409); or
(ii) whether the eligible entity, or
whether the school system or school that would
be served by the eligible entity, has taken
other action to reduce emissions during the
transportation of students, such as instituting
a no-idling policy.
(4) Use of school bus fleet.--Each electric school bus
acquired with funds provided under the program--
(A) shall be operated as part of the school bus
fleet for which the grant was made for not less than 5
years;
(B) shall be maintained, operated, and charged
according to manufacturer recommendations or State
requirements; and
(C) may not be manufactured or retrofitted with, or
otherwise have installed, a power unit or other
technology that creates air pollution within the school
bus, such as an unvented diesel passenger heater.
(5) Grant awards.--
(A) In general.--The Secretary may use funds made
available to carry out the program--
(i) to award grants for--
(I) the replacement of existing
diesel school bus fleets with electric
school buses;
(II) the implementation of
recharging infrastructure or other
infrastructure needed to charge or
maintain electric school buses;
(III) workforce development and
training, to support the maintenance,
charging, and operations of electric
school buses; and
(IV) planning and technical
activities to support the adoption and
implementation of electric school
buses; and
(ii) to develop resources to inform,
encourage, and support eligible entities in
applying for and fulfilling the requirements of
grants awarded under the program, including
materials to support the workforce development
and training described in clause (i)(III) and
the planning and technical activities described
in clause (i)(IV).
(B) Requirements.--In order to receive a grant
under the program, the Secretary shall--
(i) require that grant recipients--
(I) replace diesel school buses
with electric school buses;
(II)(aa) not later than 1 year
after receiving the electric school bus
purchased using a grant under the
program, scrap the diesel engine of the
school bus being replaced; or
(bb) receive a waiver under
paragraph (6);
(III) do not, as a result of
receiving the grant--
(aa) lay off, transfer, or
demote any current employee; or
(bb) reduce the salary or
benefits of any current
employee or worsen the
conditions of work of any
current employee; and
(IV) provide current employees with
training to effectively operate,
maintain, or otherwise adapt to new
technologies relating to electric
school buses; and
(ii) permit grant recipients to receive and
retain any funds or benefits received from--
(I) scrapping a diesel engine;
(II) transferring or repurposing a
diesel school bus as authorized under a
waiver under paragraph (6); and
(III) the resale or reuse of other
parts of a school bus replaced using
grant funds.
(C) Grant amounts.--
(i) Maximum amount.--The maximum amount of
a grant under the program is $2,000,000 per
eligible entity.
(ii) Amounts for purchase of electric
school buses.--
(I) In general.--For any grant
under the program, the amount of funds
awarded for the purchase of an electric
school bus shall not exceed 110 percent
of the amount equal to the difference
between--
(aa) the cost of an
electric school bus; and
(bb) the cost of a diesel
school bus.
(II) Determination of cost of
school buses.--In determining the
amount of funds under subclause (I),
the Secretary may determine the cost of
a school bus for the purpose of
calculating the marginal cost under
that subclause through--
(aa) a competitive
solicitation process for the
manufacture of the school bus;
(bb) a cooperative purchase
agreement permitted by the laws
of the State in which the grant
recipient is located; or
(cc) another method that
the Secretary determines to be
appropriate.
(iii) Amounts for supporting activities.--
For any grant under the program, the amount of
funds awarded for the purposes described in
subclauses (II) through (IV) of subparagraph
(A)(i), or other purposes related to those
subclauses, as determined by the Secretary,
shall not exceed $600,000.
(D) Buy america.--
(i) In general.--Except as provided in
clause (ii), any electric school bus purchased
using funds awarded under the program shall
comply with the requirements described in
section 5323(j) of title 49, United States
Code.
(ii) Exceptions.--
(I) Waiver.--The Secretary may
provide any waiver to the requirements
described in clause (i) in the same
manner and to the same extent as the
Secretary of Transportation may provide
a waiver under section 5323(j)(2) of
title 49, United States Code.
(II) Percentage of components and
subcomponents.--The Secretary may grant
a waiver in accordance with section
5323(j)(2)(C) of title 49, United
States Code, when a grant recipient
procures an electric school bus using
funds awarded under the program for
which the cost of components and
subcomponents produced in the United
States--
(aa) for each of fiscal
years 2022 through 2026, is
more than 60 percent of the
cost of all components of the
school bus; and
(bb) for fiscal year 2027
and each fiscal year
thereafter, is more than 70
percent of the cost of all
components of the school bus.
(6) Waiver.--On request of a grant recipient, the Secretary
may grant a waiver under paragraph (5)(B)(i)(II)(bb) to
authorize a grant recipient--
(A) to transfer a diesel school bus replaced using
grant funds under the program under an agreement--
(i) between--
(I) the grant recipient; and
(II) an entity described in
subsection (a)(2) that serves an area
that is in attainment of national
ambient air quality standards under the
Clean Air Act (42 U.S.C. 7401 et seq.);
(ii) that provides that--
(I) not later than 1 year after the
transfer subject to the agreement, the
entity receiving a school bus from the
grant recipient will scrap a number of
diesel engines of school buses that is
equal to the number of school buses
being received; and
(II) any diesel engines described
in subclause (I) are older and more
polluting than the diesel engines in
the school buses being received; and
(iii) provided to the Secretary; or
(B) to delay the requirement under paragraph
(5)(B)(i)(II)(aa) for not more than 3 years after
receiving the school bus purchased using a grant under
the program for the purpose of using the school bus
being replaced for a use determined by the Secretary to
be appropriate.
(7) Deployment and distribution.--In carrying out the
program, the Secretary shall, to the maximum extent
practicable--
(A) achieve nationwide deployment of electric
school buses through the program; and
(B) ensure a broad geographic distribution of grant
awards, with no State receiving more than 15 percent of
the grant funding made available to carry out the
program for each fiscal year.
(8) Annual reporting.--
(A) Data release.--The Secretary shall make
available to the public on the website of the
Department of Energy a downloadable electronic database
of information with respect to each grant made under
the program, including--
(i) the name and location of the grant
recipient;
(ii) the school district served by the
grant recipient, if the grant recipient is not
a school district;
(iii) the criteria that the grant recipient
met under subparagraphs (B), (C), and (D) of
paragraph (3), if any;
(iv) the grant amount, including a
description of the amounts of the grant used
for--
(I) the purchase of electric school
buses;
(II) the purchase of
infrastructure;
(III) workforce development;
(IV) the purchase of hydrogen or
electricity; and
(V) any other purpose;
(v) with respect to an electric school bus
purchased using a grant under the program, the
number, make and model, year of make, cost,
estimated annual vehicle miles to be traveled,
and estimated number of students to be
transported per day;
(vi) with respect to a school bus replaced
using a grant under the program, the number,
make and model, year of make, fuel type, annual
vehicle miles traveled, and the number of
students transported per day;
(vii) whether the grant recipient received
a waiver under paragraph (6) and, if the grant
recipient received such a waiver, with respect
to a school bus scrapped by the receiving
entity described in paragraph (6)(A), the
number, make and model, year of make, fuel
type, type of school bus, annual vehicle miles
traveled, and the number of students
transported per day;
(viii) an estimate of the local air
pollution emissions and global greenhouse gas
emissions avoided as a result of the grant; and
(ix) any other data determined by the
Secretary to enable an analysis of the use and
impact of grants under the program.
(B) Report to congress.--Not later than January 31
of each year, the Secretary shall submit to Congress
and make available on the website of the Department of
Energy a report that describes--
(i) the grant applications received under
the program, including a summary of the grant
applications meeting the criteria described in
subparagraphs (B), (C), and (D) of paragraph
(3), if any;
(ii) the grants awarded under the program,
including a summary of the data described in
subparagraph (A);
(iii) the effect of the receipt of the
grant on students, schools, local communities,
industry, and the workforce;
(iv) the estimated impact of the awarded
grants on local air pollution and greenhouse
gas emissions; and
(v) any other information determined by the
Secretary to enable Congress to understand the
implementation, outcomes, and effectiveness of
the program.
(C) Report on buy america waivers.--Not later than
1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit a
report describing any waiver granted under paragraph
(5)(D)(ii)(I) during the preceding year to--
(i) the Committee on Environment and Public
Works of the Senate;
(ii) the Committee on Energy and Natural
Resources of the Senate; and
(iii) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(iv) the Committee on Energy and Commerce
of the House of Representatives.
(c) Education.--
(1) In general.--Not later than 90 days after funds are
appropriated to carry out the Program, the Secretary shall
develop an education outreach program to promote and explain
the program.
(2) Coordination with stakeholders.--The outreach program
under this subsection shall be designed and conducted in
conjunction with national school bus transportation
associations, educators, school bus drivers, and other
stakeholders.
(3) Components.--The outreach program under this subsection
shall--
(A) inform eligible entities of the process of
applying for grants;
(B) describe the available technologies and the
benefits of the technologies;
(C) explain the benefits of participating in the
program;
(D) facilitate the sharing of best practices and
lessons learned among grant recipients and between
grant recipients and eligible entities; and
(E) include, as appropriate, information from the
annual reports required under subsection (b)(8).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out the program $200,000,000 for
each of fiscal years 2022 through 2026, to remain available until
expended.
Subtitle I--Climate Steward Ship Act of 2020
SEC. 40901. SHORT TITLE.
This subtitle may be cited as the ``Climate Stewardship Act of
2020''.
PART 1--AGRICULTURE
SEC. 40911. CONSERVATION RESERVE PROGRAM.
(a) Conservation Reserve.--Section 1231 of the Food Security Act of
1985 (16 U.S.C. 3831) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``24,500,000'' and inserting ``26,000,000'';
(ii) in subparagraph (C), by striking
``25,000,000'' and inserting ``28,000,000'';
(iii) in subparagraph (D), by striking
``25,500,000 acres; and'' and inserting
``30,500,000 acres;'';
(iv) in subparagraph (E), by striking
``27,000,000 acres.'' and inserting
``33,000,000 acres;''; and
(v) by adding at the end the following:
``(F) fiscal year 2026, not more than 34,000,000
acres;
``(G) fiscal year 2027, not more than 35,000,000
acres;
``(H) fiscal year 2028, not more than 36,000,000
acres;
``(I) fiscal year 2029, not more than 37,000,000
acres;
``(J) fiscal year 2030, not more than 38,000,000
acres;
``(K) fiscal year 2031, not more than 39,000,000
acres; and
``(L) fiscal year 2032 and each fiscal year
thereafter, not less than 40,000,000 acres.'';
(B) in paragraph (2)(A)--
(i) in clause (i)--
(I) by striking ``2,000,000'' and
inserting ``4,600,000''; and
(II) by striking ``2023'' and
inserting ``2032''; and
(ii) in clause (ii)--
(I) in subclause (II), by striking
``and'' at the end;
(II) in subclause (III), by
striking ``through 2023, 2,000,000
acres.'' and inserting``and 2024,
2,000,000 acres;''; and
(III) by adding at the end the
following:
``(IV) fiscal year 2025, 2,500,000
acres;
``(V) fiscal year 2026, 2,800,000
acres;
``(VI) fiscal year 2027, 3,100,000
acres;
``(VII) fiscal year 2028, 3,400,000
acres;
``(VIII) fiscal year 2029,
3,700,000 acres;
``(IX) fiscal year 2030, 4,000,000
acres;
``(X) fiscal year 2031, 4,300,000
acres; and
``(XI) fiscal year 2032 and each
fiscal year thereafter, not less than
4,600,000 acres.''; and
(C) in paragraph (6)(B)--
(i) in clause (i)--
(I) by striking ``8,600,000'' and
inserting ``17,700,000''; and
(II) by striking ``2023'' and
inserting ``2032''; and
(ii) in clause (ii)--
(I) in subclause (II), by striking
``8,250,000'' and inserting
``9,000,000'';
(II) in subclause (III), by
striking ``8,500,000 acres; and'' and
inserting ``10,000,000 acres;''; and
(III) by striking subclause (IV)
and inserting the following:
``(IV) fiscal year 2024, 12,000,000
acres;
``(V) fiscal year 2025, 13,500,000
acres;
``(VI) fiscal year 2026, 14,100,000
acres;
``(VII) fiscal year 2027,
14,700,000 acres;
``(VIII) fiscal year 2028,
15,300,000 acres;
``(IX) fiscal year 2029, 15,900,000
acres;
``(X) fiscal year 2030, 16,500,000
acres;
``(XI) fiscal year 2031, 17,100,000
acres; and
``(XII) fiscal year 2032 and each
fiscal year thereafter, not less than
17,700,000 acres.'';
(2) in subsection (e)(1), by striking ``, nor more than
15,''; and
(3) in subsection (h)--
(A) by striking paragraph (2); and
(B) by striking ``Consideration.--'' in the
subsection heading and all that follows through ``On
the'' in paragraph (1) and inserting ``Consideration.--
On the''.
(b) Conservation Reserve Enhancement Program.--Section
1231A(b)(2)(A)(i) of the Food Security Act of 1985 (16 U.S.C.
3831a(b)(2)(A)(i)) is amended by inserting ``, including reducing
agricultural greenhouse gas emissions or increasing carbon
sequestration,'' after ``concerns''.
SEC. 40912. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Purposes.--Section 1240(3) of the Food Security Act of 1985 (16
U.S.C. 3839aa(3)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking ``and'' at the end;
and
(3) by adding at the end the following:
``(D) reducing agricultural greenhouse gas
emissions;
``(E) increasing carbon sequestration; and
``(F) adapting to, or mitigating against,
increasing weather volatility; and''.
(b) Definitions.--Section 1240A of the Food Security Act of 1985
(16 U.S.C. 3839aa-1) is amended--
(1) by redesignating paragraphs (1) through (10) as
paragraphs (2) through (11), respectively; and
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Climate stewardship practice.--The term `climate
stewardship practice' means any of the following practices:
``(A) Alley cropping.
``(B) Biochar incorporation.
``(C) Conservation cover.
``(D) Conservation crop rotation.
``(E) Contour buffer strips.
``(F) Contour farming.
``(G) Cover crops.
``(H) Critical area planting.
``(I) Cross wind trap strips.
``(J) Field borders.
``(K) Filter strips.
``(L) Forage and biomass planting, including the
use of native prairie and seed mixtures.
``(M) Forest stand improvements.
``(N) Grassed waterways.
``(O) Hedgerow planting.
``(P) Herbaceous wind barriers.
``(Q) Multistory cropping.
``(R) Nutrient management.
``(S) Prescribed grazing.
``(T) Range planting.
``(U) Residue and tillage management with no till.
``(V) Residue and tillage management with reduced
till.
``(W) Riparian forest buffers.
``(X) Riparian herbaceous buffers.
``(Y) Silvopasture establishment.
``(Z) Stripcropping.
``(AA) Tree and shrub establishment.
``(BB) Upland wildlife habitat.
``(CC) Vegetative barriers.
``(DD) Wetland restoration.
``(EE) Windbreak renovation.
``(FF) Windbreaks and shelterbelts.
``(GG) Woody residue treatment.
``(HH) Any other highly effective vegetative or
management practice that significantly reduces
agricultural greenhouse gas emissions, increases carbon
sequestration, or assists producers in adapting to, or
mitigating against, increasing weather volatility, as
determined by the Secretary.''.
(c) Establishment and Administration.--Section 1240B of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2) is amended--
(1) in subsection (d)(3)--
(A) in subparagraph (F), by striking ``or'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(H) reductions in agricultural greenhouse gas
emissions; or
``(I) long-term carbon sequestration.''; and
(2) in subsection (j)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i)--
(aa) by striking
``maintenance of incentive
practices'' and inserting the
following: ``maintenance of--
``(I) incentive practices''; and
(bb) in subclause (I) (as
so designated), by striking the
period at the end and inserting
the following: ``; or
``(II) one or more climate
stewardship practices.''; and
(II) in clause (ii)--
(aa) in subclause (I), by
inserting ``, or climate
stewardship practices to attain
increased levels of carbon
sequestration and reduced
agricultural greenhouse gas
emissions,'' after
``conservation''; and
(bb) in subclause (II), by
inserting ``or a climate
stewardship practice'' after
``incentive practice''; and
(ii) in subparagraph (C)--
(I) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively, and indenting
appropriately;
(II) in the matter preceding
subclause (I) (as so redesignated), by
striking ``Notwithstanding section
1240C'' and inserting the following:
``(i) Incentive practices.--Notwithstanding
section 1240C, in the case of applications for
contracts under subparagraph (A)(i)(I)''; and
(III) by adding at the end the
following:
``(ii) Climate stewardship practices.--
Notwithstanding section 1240C, in the case of
applications for contracts under subparagraph
(A)(i)(II), the Secretary shall give priority
to applications that contain the greatest
number of climate stewardship practices.''; and
(B) in paragraph (3)--
(i) in the paragraph heading, by inserting
``and climate stewardship practice'' after
``Incentive practice'';
(ii) in subparagraph (A), by inserting ``or
climate stewardship practices'' after
``incentive practices'' each place it appears;
(iii) in subparagraph (B), by inserting
``or climate stewardship practice'' after
``incentive practice'' each place it appears;
and
(iv) in subparagraph (C)(ii), by inserting
``or a climate stewardship practice'' after
``incentive practice''.
(d) Limitation on Payments.--Section 1240G of the Food Security Act
of 1985 (16 U.S.C. 3839aa-7) is amended--
(1) by striking ``2018, or'' and inserting ``2018,''; and
(2) by inserting ``the period of fiscal years 2026 through
2030, or the period of fiscal years 2031 through 2035,'' before
``regardless''.
(e) Conservation Innovation Grants and Payments.--Section 1240H(c)
of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(c)) is amended--
(1) in paragraph (1)(B)(i)--
(A) in subclause (VI), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(VIII) practices that
significantly increase carbon
sequestration, reduce agricultural
greenhouse gas emissions, or assist
producers to adapt to, or mitigate
against, increasing weather volatility;
and'';
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``each of fiscal years 2019 through 2023'' and
inserting ``fiscal year 2021, and $200,000,000 of the funds of
the Commodity Credit Corporation for each of fiscal years 2022
through 2032''; and
(3) in paragraph (7), in the matter preceding subparagraph
(A)--
(A) by inserting ``not less than $100,000,000 for
each of fiscal years 2022 through 2032 of the'' after
``Using''; and
(B) by striking ``a soil'' and inserting ``an
ongoing soil''.
SEC. 40913. CONSERVATION STEWARDSHIP PROGRAM.
(a) Supplemental Payments for Climate Stewardship Practices.--
Section 1240L(d) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
24(d)) is amended--
(1) in the subsection heading, by striking ``Rotations and
Advanced Grazing Management'' and inserting ``Rotations,
Advanced Grazing Management, and Climate Stewardship
Practices'';
(2) in paragraph (1)--
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(B) by inserting after subparagraph (A) the
following:
``(B) Climate stewardship practice.--The term
`climate stewardship practice' means any of the
following practices:
``(i) Alley cropping.
``(ii) Biochar incorporation.
``(iii) Conservation cover.
``(iv) Conservation crop rotation.
``(v) Contour buffer strips.
``(vi) Contour farming.
``(vii) Cover crops.
``(viii) Critical area planting.
``(ix) Cross wind trap strips.
``(x) Field borders.
``(xi) Filter strips.
``(xii) Forage and biomass planting,
including the use of native prairie seed
mixtures.
``(xiii) Forest stand improvements.
``(xiv) Grassed waterways.
``(xv) Hedgerow planting.
``(xvi) Herbaceous wind barriers.
``(xvii) Multistory cropping.
``(xviii) Nutrient management, including
nitrogen stewardship activities.
``(xix) Prescribed grazing.
``(xx) Range planting.
``(xxi) Residue and tillage management with
no till.
``(xxii) Residue and tillage management
with reduced till.
``(xxiii) Riparian forest buffers.
``(xxiv) Riparian herbaceous buffers.
``(xxv) Silvopasture establishment.
``(xxvi) Stripcropping.
``(xxvii) Tree and shrub establishment,
including planting for a high rate of carbon
sequestration.
``(xxviii) Upland wildlife habitat.
``(xxix) Vegetative barriers.
``(xxx) Wetland restoration.
``(xxxi) Windbreak renovation.
``(xxxii) Windbreaks and shelterbelts.
``(xxxiii) Woody residue treatment.
``(xxxiv) Any other vegetative or
management conservation activity that
significantly--
``(I) reduces greenhouse gas
emissions;
``(II) increases carbon
sequestration; or
``(III) enhances resilience to
increased weather volatility.'';
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) conservation activities relating to climate
stewardship practices.''; and
(4) in paragraph (3), by striking ``rotations or advanced
grazing management'' and inserting ``rotations, advanced
grazing management, or conservation activities relating to
climate stewardship practices''.
(b) Payment Limitations.--Section 1240L(f) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-24(f)) is amended by striking ``fiscal years
2019 through 2023'' and inserting ``the period of fiscal years 2022
through 2025, the period of fiscal years 2024 through 2028, or the
period of fiscal years 2031 through 2035''.
SEC. 40914. FUNDING.
(a) Annual Funding.--Section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2023'' and inserting ``2032'';
(2) in paragraph (2)--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking ``through
2023.'' and inserting ``and 2022; and''; and
(C) by adding at the end the following:
``(G) $900,000,000 for each of fiscal years 2022
through 2032.''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking
``$1,750,000,000'' and inserting
``$2,750,000,000'';
(ii) in clause (iii), by striking
``$1,800,000,000'' and inserting
``$3,800,000,000'';
(iii) in clause (iv)--
(I) by striking ``$1,850,000,000''
and inserting ``$4,850,000,000''; and
(II) by striking ``and'' at the
end;
(iv) in clause (v), by striking
``$2,025,000,000'' and inserting
``$6,025,000,000''; and
(v) by adding at the end the following:
``(vi) $7,000,000,000 for each of fiscal
years 2026 through 2032; and''; and
(B) in subparagraph (B)--
(i) in clause (ii), by striking
``$725,000,000'' and inserting
``$1,725,000,000'';
(ii) in clause (iii), by striking
``$750,000,000'' and inserting
``$2,750,000,000'';
(iii) in clause (iv)--
(I) by striking ``$800,000,000''
and inserting ``$3,800,000,000''; and
(II) by striking ``and'' at the
end;
(iv) in clause (v)--
(I) by striking ``$1,000,000,000''
and inserting ``$5,000,000,000''; and
(II) by striking the period at the
end and inserting a semicolon; and
(v) by adding at the end the following:
``(vi) $6,000,000,000 for fiscal year 2026;
and
``(vii) $7,000,000,000 for each of fiscal
years 2027 through 2032.''.
(b) Availability of Funds.--Section 1241(b) of the Food Security
Act of 1985 (16 U.S.C. 3841(b)) is amended by striking ``2023'' and
inserting ``2032''.
(c) Funding for Climate Stewardship Practices.--Section 1241 of the
Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the
end the following:
``(k) Funding for Climate Stewardship Practices.--
``(1) Environmental quality incentives program.--
``(A) In general.--Of the funds made available
under subsection (a)(3)(A), the Secretary shall set
aside the following amounts to be used exclusively for
climate stewardship practices (as defined in section
1240A) under contracts under section
1240B(j)(2)(A)(i)(II):
``(i) $1,000,000,000 for fiscal year 2022.
``(ii) $2,000,000,000 for fiscal year 2023.
``(iii) $3,000,000,000 for fiscal year
2024.
``(iv) $4,000,000,000 for fiscal year 2025.
``(v) $5,000,000,000 for each of fiscal
years 2026 through 2032.
``(B) Nonapplicability of allocation of funding.--
Section 1240B(f) shall not apply to amounts set aside
under subparagraph (A).
``(2) Conservation stewardship program.--Of the funds made
available under subsection (a)(3)(B), the Secretary shall set
aside the following amounts to be used exclusively to enroll in
the conservation stewardship program contracts comprised
predominantly of conservation activities relating to climate
stewardship practices (as defined in section 1240L(d)(1)) or
bundles of practices comprised predominantly of conservation
activities relating to climate stewardship practices (as so
defined):
``(A) $1,000,000,000 for fiscal year 2022.
``(B) $2,000,000,000 for fiscal year 2023.
``(C) $3,000,000,000 for fiscal year 2024.
``(D) $4,000,000,000 for fiscal year 2025.
``(E) $5,000,000,000 for each of fiscal years 2026
through 2032.''.
SEC. 40915. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
Section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d) is
amended by striking subsection (a) and inserting the following:
``(a) Availability of Funds.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out the program--
``(1) $300,000 for each of fiscal years 2021 through 2025;
``(2) $500,000 for each of fiscal years 2026 through 2027;
``(3) $750,000 for each of fiscal years 2028 through 2029;
and
``(4) $1,000,000 for each of fiscal years 2030 through
2032.''.
SEC. 40916. FUNDING FOR CLIMATE STEWARDSHIP AGRICULTURE RESEARCH.
(a) Agriculture and Food Research Initiative.--Subsection (b) of
the Competitive, Special, and Facilities Research Grant Act (7 U.S.C.
3157(b)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(G) Climate stewardship.--Climate change
mitigation through--
``(i) reducing greenhouse gas emissions and
increasing resilience in the agricultural
sector;
``(ii) increasing carbon sequestration;
``(iii) improving soil health; and
``(iv) increasing soil carbon levels.'';
and
(2) in paragraph (11)--
(A) by striking the paragraph heading and inserting
``Funding.--'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``There is'' and all that follows
through ``2023'' and inserting ``On the first
October 1 after the date of enactment of the
Climate Stewardship Act of 2020, and on each
October 1 thereafter, out of any funds in the
Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary to carry out this subsection
$830,000,000, to remain available until
expended'';
(ii) in clause (i), by striking ``and'' at
the end;
(iii) in clause (ii), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(iii) not less than 50 percent for each
fiscal year shall be used to address the
priority area described in paragraph (2)(G).'';
and
(C) by adding at the end the following:
``(C) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.''.
(b) Foundation for Food and Agriculture Research.--Section 7601 of
the Agricultural Act of 2014 (7 U.S.C. 5939) is amended--
(1) in subsection (c)(1)(D), by inserting after
``environment'' the following: ``, including--
``(i) reducing greenhouse gas emissions and
increasing resilience in the agricultural
sector;
``(ii) increasing carbon sequestration;
``(iii) improving soil health; and
``(iv) increasing soil carbon levels''; and
(2) in subsection (g)(1)(A), by adding at the end the
following:
``(iii) Climate stewardship funding.--On
the date of enactment of the Climate
Stewardship Act of 2020, and each year
thereafter, of the funds of the Commodity
Credit Corporation, the Secretary shall
transfer to the Foundation $40,000,000 to
advance the research mission of the Department
with respect to the issues described in clauses
(i) through (iv) of subsection (c)(1)(D), to
remain available until expended.''.
(c) Sustainable Agriculture Research and Extension Projects.--
Section 1621 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5811) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(C), by striking ``and'' at the
end;
(B) in paragraph (2)(E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) facilitate--
``(A) reducing greenhouse gas emissions and
increasing resilience in the agricultural sector;
``(B) increasing carbon sequestration;
``(C) improving soil health; and
``(D) increasing soil carbon levels.''; and
(2) by adding at the end the following:
``(j) Funds.--
``(1) In general.--In addition to amounts appropriated
under section 1624, on the first October 1 after the date of
enactment of the Climate Stewardship Act of 2020, and on each
October 1 thereafter, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary to carry out this section
$74,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``(3) Climate stewardship.--Of the funds made available
under paragraph (1), the Secretary shall use not less than 50
percent to conduct projects described in subsection (a)(3).''.
(d) Organic Agriculture Research and Extension Initiative.--Section
1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925b) is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(9)(A) reducing greenhouse gas emissions and increasing
resilience in the agricultural sector;
``(B) increasing carbon sequestration;
``(C) improving soil health; and
``(D) increasing soil carbon levels.''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by adding ``and''
at the end after the semicolon;
(iii) by striking subparagraphs (E) through
(G); and
(iv) by adding at the end the following:
``(E) on the first October 1 after the date of
enactment of the Climate Stewardship Act of 2020, and
on each October 1 thereafter, $100,000,000.''; and
(B) by adding at the end the following:
``(4) Climate stewardship.--Of the funds made available
under paragraph (1)(E), the Secretary shall use not less than
50 percent to support activities under this section for the
purposes described in subsection (a)(9).''.
(e) Appropriate Technology Transfer for Rural Areas Program.--
Section 310B(i) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(i)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(E) reduce greenhouse gas emissions and increase
resilience in the agricultural sector;
``(F) increase carbon sequestration;
``(G) improve soil health; and
``(H) increase soil carbon levels.''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Funding.--
``(A) In general.--On the first October 1 after the
date of enactment of the Climate Stewardship Act of
2020, and on each October 1 thereafter, out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the
Secretary to carry out this subsection $5,600,000, to
remain available until expended.
``(B) Receipt and acceptance.--The Secretary shall
be entitled to receive, shall accept, and shall use to
carry out this subsection the funds transferred under
subparagraph (A), without further appropriation.
``(C) Climate stewardship.--Of the funds made
available under subparagraph (A), the Secretary shall
use not less than 50 percent to provide assistance
described in subparagraphs (E) through (H) of paragraph
(2).''.
(f) Research Under Hatch Act.--The Hatch Act of 1887 is amended by
inserting after section 3 (7 U.S.C. 361c) the following:
``SEC. 3A. MANDATORY FUNDING.
``(a) Funding.--
``(1) In general.--In addition to any amounts authorized to
be appropriated under section 3, on the first October 1 after
the date of enactment of the Climate Stewardship Act of 2020,
and on each October 1 thereafter, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this Act
$518,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this Act the funds transferred under paragraph (1), without
further appropriation.
``(b) Climate Stewardship.--Of the funds made available under
subsection (a)(1), not less than 50 percent shall be used for research
relating to--
``(1) reducing greenhouse gas emissions and increasing
resilience in the agricultural sector;
``(2) increasing carbon sequestration;
``(3) improving soil health; and
``(4) increasing soil carbon levels.''.
(g) Activities Under Smith-Lever Act.--The Smith-Lever Act is
amended by inserting after section 3 (7 U.S.C. 343) the following:
``SEC. 3A. MANDATORY FUNDING.
``(a) Funding.--
``(1) In general.--In addition to any amounts authorized to
be appropriated under section 3, on the first October 1 after
the date of enactment of the Climate Stewardship Act of 2020,
and on each October 1 thereafter, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this Act
$649,400,000, to remain available until expended.
``(2) 1994 institutions.--Of the funds transferred under
paragraph (1), $19,400,000 shall be for payment on behalf of
the 1994 Institutions (as defined in section 532 of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301
note; Public Law 103-382)) for the purposes described in
section 2, to be distributed in accordance with the process
described in section 3(b)(3).
``(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this Act the funds transferred under paragraph (1), without
further appropriation.
``(b) Climate Stewardship.--Of the funds made available under
subsection (a)(1), and of the funds designated for 1994 Institutions
under subsection (a)(2), not less than 50 percent shall be used for
activities relating to--
``(1) reducing greenhouse gas emissions and increasing
resilience in the agricultural sector;
``(2) increasing carbon sequestration;
``(3) improving soil health; and
``(4) increasing soil carbon levels.''.
(h) Extension at 1890 Land-Grant Colleges, Including Tuskegee
University and the University of the District of Columbia.--Section
1444 of the Food and Agriculture Act of 1977 (7 U.S.C. 3221) is amended
by adding at the end the following:
``(g) Mandatory Funding.--
``(1) Funding.--
``(A) In general.--In addition to any amounts
authorized to be appropriated under subsection (a), on
the first October 1 after the date of enactment of the
Climate Stewardship Act of 2020, and on each October 1
thereafter, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
section $97,200,000, to remain available until
expended.
``(B) Receipt and acceptance.--The Secretary 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) Climate stewardship.--Of the funds made available
under paragraph (1)(A), not less than 50 percent shall be used
for programs and activities relating to--
``(A) reducing greenhouse gas emissions and
increasing resilience in the agricultural sector;
``(B) increasing carbon sequestration;
``(C) improving soil health; and
``(D) increasing soil carbon levels.''.
(i) Agricultural Research at 1890 Land-Grant Colleges, Including
Tuskegee University and the University of the District of Columbia.--
Section 1445 of the Food and Agriculture Act of 1977 (7 U.S.C. 3222) is
amended by adding at the end the following:
``(i) Mandatory Funding.--
``(1) Funding.--
``(A) In general.--In addition to any amounts
authorized to be appropriated under subsection (a), on
the first October 1 after the date of enactment of the
Climate Stewardship Act of 2020, and on each October 1
thereafter, out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury
shall transfer to the Secretary to carry out this
section $116,000,000, to remain available until
expended.
``(B) Receipt and acceptance.--The Secretary 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) Climate stewardship.--Of the funds made available
under paragraph (1)(A), not less than 50 percent shall be used
for research relating to--
``(A) reducing greenhouse gas emissions and
increasing resilience in the agricultural sector;
``(B) increasing carbon sequestration;
``(C) improving soil health; and
``(D) increasing soil carbon levels.''.
(j) Nonland-Grant Colleges of Agriculture Program.--Section 1473F
of the Food and Agriculture Act of 1977 (7 U.S.C. 3319i) is amended--
(1) in subsection (a)(1)(A), by inserting after
``agriculture'' the following: ``, including--
``(i) reducing greenhouse gas emissions and
increasing resilience in the agricultural
sector;
``(ii) increasing carbon sequestration;
``(iii) improving soil health; and
``(iv) increasing soil carbon levels;'';
and
(2) by striking subsection (b) and inserting the following:
``(b) Funds.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$10,000,000 for each fiscal year, to remain available until
expended.
``(2) Climate stewardship.--Of the funds made available
under paragraph (1), the Secretary shall use not less than 50
percent to conduct the activities described in clauses (i)
through (iv) of subsection (a)(1)(A).''.
(k) McIntire-Stennis.--
(1) Funds.--Public Law 87-788 (commonly known as the
``McIntire-Stennis Cooperative Forestry Act'') is amended by
inserting after section 3 (16 U.S.C. 582a-2) the following:
``SEC. 3A. MANDATORY FUNDING.
``(a) Funding.--
``(1) In general.--In addition to any amounts authorized to
be appropriated under section 3, on the first October 1 after
the date of enactment of the Climate Stewardship Act of 2020,
and on each October 1 thereafter, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this Act
$72,000,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this Act the funds transferred under paragraph (1), without
further appropriation.
``(b) Climate Stewardship.--Of the funds made available under
subsection (a)(1), not less than 50 percent shall be used for
activities relating to--
``(1) reducing greenhouse gas emissions and increasing
resilience in the agricultural sector;
``(2) increasing carbon sequestration;
``(3) improving soil health; and
``(4) increasing soil carbon levels.''.
(l) 1994 Institutions Research.--Section 536 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended by adding at the end the following:
``(d) Mandatory Funding.--
``(1) In general.--In addition to any amounts authorized to
be appropriated under subsection (c), on the first October 1
after the date of enactment of the Climate Stewardship Act of
2020, and on each October 1 thereafter, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary to carry out this
section $11,400,000, to remain available until expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
``(3) Climate stewardship.--Of the funds made available
under paragraph (1), not less than 50 percent shall be used for
activities relating to--
``(A) reducing greenhouse gas emissions and
increasing resilience in the agricultural sector;
``(B) increasing carbon sequestration;
``(C) improving soil health; and
``(D) increasing soil carbon levels.''.
SEC. 40917. CONSERVATION TECHNICAL ASSISTANCE.
Section 6 of the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590f) is amended--
(1) by striking the section designation and heading and all
that follows through ``There is'' in subsection (a) and
inserting the following:
``SEC. 6. FUNDING; CONSERVATION TECHNICAL ASSISTANCE FUND.
``(a) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary of Agriculture shall use to
carry out this Act $2,100,000,000 for each fiscal year.
``(2) Authorization of appropriations.--There are''; and
(2) in the undesignated matter following paragraph (2) (as
so designated) of subsection (a), by striking
``Appropriations'' and inserting the following:
``(3) Availability of appropriations for nursery stock.--
Appropriations''.
SEC. 40918. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (c)(3)(A), by striking ``25'' and
inserting ``40''; and
(2) in subsection (f)(1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking ``for fiscal''
and all that follows through the period at the end and
inserting ``for each of fiscal years 2022 through
2027;''; and
(C) by adding at the end the following:
``(F) $150,000,000 for fiscal year 2022;
``(G) $500,000,000 for fiscal year 2023;
``(H) $1,000,000,000 for fiscal year 2024;
``(I) $2,000,000,000 for fiscal year 2025; and
``(J) $3,000,000,000 for fiscal year 2026 and each
fiscal year thereafter.''.
SEC. 40919. LOCAL AGRICULTURE MARKET PROGRAM.
Section 201A(i)(1) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627c(i)(1)) is amended by striking ``2019 and'' and inserting
``2021, and $500,000,000 for''.
SEC. 40920. FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936) is amended by striking subsection (d) and inserting the
following:
``(d) Mandatory Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$10,000,000 for fiscal year 2021 and each fiscal year thereafter.''.
SEC. 40921. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25 of the Food and Nutrition Act of 2008 (7 U.S.C. 2034) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``including
amounts made available under subsection (i) to carry
out this section,'' after ``Act,''; and
(B) in paragraph (2)(D), by striking ``$5,000,000''
and inserting ``$25,000,000'';
(2) in subsection (d)--
(A) in paragraph (4), by striking ``or'' at the
end;
(B) in paragraph (5)(C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(6) address food security in urban low-income communities
by making those communities more climate resilient through the
creation or expansion of urban farms, community gardens, and
rooftop gardens that grow produce for personal use or for local
sale through farm stands, farmers' markets, community supported
agriculture subscriptions, and other delivery methods.''; and
(3) by adding at the end the following:
``(i) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $25,000,000 for
fiscal year 2022 and each fiscal year thereafter, to remain available
until expended.''.
PART 2--FORESTS
SEC. 40931. REFORESTATION TRUST FUND.
(a) In General.--Section 303 of Public Law 96-451 (16 U.S.C. 1606a)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``Subject to''
and all that follows through ``the Secretary'' and
inserting ``The Secretary'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(2) in subsection (d)--
(A) in the matter preceding paragraph (1)--
(i) by striking the subsection designation
and all that follows through ``The Secretary''
and inserting the following:
``(d) Reforestation by Secretary of Agriculture.--The Secretary'';
and
(ii) by striking ``for'';
(B) in paragraph (1)--
(i) by inserting ``for'' before
``reforestation''; and
(ii) by striking ``and'' at the end;
(C) by redesignating paragraph (2) as paragraph
(6);
(D) by inserting after paragraph (1) the following:
``(2) to the Chief of the Forest Service to reforest
National Forest System land determined to be in need of active
reforestation based on field surveys assessing regeneration
potential, in accordance with subsection (f), by planting--
``(A) to the maximum extent practicable, 75,000,000
trees in each of calendar years 2023 and 2025;
``(B) to the maximum extent practicable,
100,000,000 trees in each of calendar years 2025 and
2026;
``(C) to the maximum extent practicable,
150,000,000 trees in each of calendar years 2027 and
2028; and
``(D) to the maximum extent practicable,
200,000,000 trees in calendar year 2029 and each
calendar year thereafter;
``(3) to carry out the Reforest America Grant Program
established under section 6 of the Cooperative Forestry
Assistance Act of 1978;
``(4) to carry out the urban wood programs established
under section 21 of the Cooperative Forestry Assistance Act of
1978;
``(5) to operate the Stewardship Corps established under
section 40934 of the Climate Stewardship Act of 2020; and'';
and
(E) in paragraph (6) (as so redesignated), by
inserting ``for'' before ``properly''; and
(3) by adding at the end the following:
``(e) Reforestation by Secretary of the Interior.--The Secretary of
the Interior shall obligate such sums from the Trust Fund as are
necessary to reforest, in accordance with subsection (f)--
``(1) by planting on land determined to be in need of
active reforestation based on field surveys assessing
regeneration potential and managed by the Bureau of Land
Management--
``(A) to the maximum extent practicable, 25,000,000
trees in each of calendar years 2023 and 2024;
``(B) to the maximum extent practicable, 50,000,000
trees in each of calendar years 2025 and 2026;
``(C) to the maximum extent practicable, 75,000,000
trees in each of calendar years 2027 and 2028; and
``(D) to the maximum extent practicable,
100,000,000 trees in calendar year 2029 and each
calendar year thereafter; and
``(2) by planting on land that is in need of active
reforestation and is managed by the Bureau of Indian Affairs--
``(A) to the maximum extent practicable, 12,500,000
trees in each of calendar years 2023 and 2024;
``(B) to the maximum extent practicable, 25,000,000
trees in each of calendar years 2025 and 2026;
``(C) to the maximum extent practicable, 37,500,000
trees in each of calendar years 2027 and 2028; and
``(D) to the maximum extent practicable, 50,000,000
trees in calendar year 2029 and each calendar year
thereafter.
``(f) Reforestation.--
``(1) Definition of connectivity.--In this subsection, the
term `connectivity' means the degree to which the landscape
facilitates native species movement.
``(2) Reforestation.--
``(A) In general.--Reforestation under subsection
(d)(2) and subsection (e) shall consist of ecologically
based site preparation, tree planting, and subsequent
management using practices that--
``(i) are informed by climate change
science and the importance of spatial pattern;
``(ii) enhance forest health, resilience,
and biodiversity; and
``(iii) reduce vulnerability to future
forest mortality and catastrophic wildfire.
``(B) Post-wildfire reforestation.--In the case of
reforestation under subsection (d)(2) and subsection
(e), sums available in the Trust Fund shall not be used
for post-wildfire salvage logging.
``(3) Priority.--In carrying out reforestation under
subsection (d)(2) and subsection (e), the Chief of the Forest
Service and the Secretary of the Interior, as applicable, shall
give priority to planting--
``(A) on land that was subject to a mortality event
caused by a high intensity wildfire, pest infestation,
invasive species, or drought or other extreme weather;
``(B) that will restore and maintain resilient
landscapes;
``(C) on land on which the planting provides
increased habitat connectivity for wildlife; and
``(D) that will provide the largest potential long-
term increase in carbon sequestration.
``(g) Mandatory Funding.--To carry out paragraphs (2) through (5)
of subsection (d) and subsection (e), the Secretary of the Treasury
shall transfer from the general fund of the Treasury into the Trust
Fund $4,500,000,000 for fiscal year 2023 and each fiscal year
thereafter, to remain available until expended.''.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture and the Secretary
of the Interior shall issue regulations necessary to carry out the
amendments made by this section.
SEC. 40932. REFOREST AMERICA GRANT PROGRAM.
The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 5 (16 U.S.C. 2103a) the following:
``SEC. 6. REFOREST AMERICA GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Community of color.--The term `community of color'
means, in a State, a census block group in an urban area for
which the aggregate percentage of residents who identify as
Black, African-American, Asian, Pacific Islander, Hispanic,
Latino, other non-White race, or linguistically isolated is--
``(A) not less than 50 percent; or
``(B) is significantly higher than the State
average.
``(2) Eligible cost.--The term `eligible cost' means, with
respect to a project of an eligible entity under the Program--
``(A) the cost of implementing a reforestation
project, including by--
``(i) planning and designing the
reforestation activity, including considering
relevant science;
``(ii) establishing tree nurseries;
``(iii) purchasing trees; and
``(iv) ecologically based site preparation,
including the labor and cost associated with
the use of machinery;
``(B) the cost of maintaining and monitoring
planted trees for a period of up to 3 years to ensure
successful establishment of the trees;
``(C) with respect to reforestation in an urban
area under subsection (e) in a low income community
that has an existing tree canopy cover of not more than
20 percent, not more than 50 percent of the cost of the
maintenance of any nearby tree canopy; and
``(D) any other relevant cost, as determined by the
Secretary.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) a State agency;
``(B) a local governmental entity;
``(C) an Indian Tribe; and
``(D) a nonprofit organization.
``(4) Eligible land.--
``(A) In general.--The term `eligible land' means--
``(i) land owned in fee simple by an
eligible entity--
``(I)(aa) for which, at the time of
application to the Program under
subsection (c), the forest stocking
level of the land is less than 25
percent of regional norms for forest
properties with comparable tree species
and soil characteristics; and
``(bb) that is in need of active
reforestation due to events such as--
``(AA) high intensity
wildfire;
``(BB) pest infestation;
``(CC) invasive species;
and
``(DD) drought and other
extreme weather; or
``(II) that was formerly forest
land and has been abandoned or
incompletely reclaimed from mining,
commercial development, clearing for
agriculture, or other nonforest use;
and
``(ii) with respect to reforestation in an
urban area under subsection (e), land in that
urban area that is owned in fee simple by an
eligible entity.
``(B) Exclusion.--The term `eligible land' does not
include land on which the eligible entity conducted a
timber harvest--
``(i) not later than 5 years before the
date on which the eligible entity submits an
application under subsection (c); and
``(ii) that resulted in a forest stocking
level described in subparagraph (A)(i)(I)(aa).
``(5) 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).
``(6) Local governmental entity.--The term `local
governmental entity' means any municipal government or county
government with jurisdiction over local land use decisions.
``(7) Low income community.--The term `low income
community' means any census block group in an urban area 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)).
``(8) Nonprofit organization.--The term `nonprofit
organization' means an organization that--
``(A) is described in section 170(h)(3) of the
Internal Revenue Code of 1986; and
``(B) operates in accordance with 1 or more of the
purposes described in section 170(h)(4)(A) of that
Code.
``(9) Program.--The term `Program' means the Reforest
America Grant Program established under subsection (b)(1).
``(10) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(11) Urban area.--The term `urban area' means an area
identified by the Bureau of the Census as an `urban area' in
the most recent census.
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a program,
to be known as the `Reforest America Grant Program', under
which the Secretary shall award grants to eligible entities to
conduct projects to reforest eligible land in accordance with
this section.
``(2) Reforestation.--In carrying out the Program, the
Secretary shall, to the maximum extent practicable, award
sufficient grants each year to plant--
``(A) 50,000,000 trees in each of calendar years
2023 and 2024;
``(B) 100,000,000 trees in each of calendar years
2025 and 2026;
``(C) 150,000,000 trees in each of calendar years
2027 and 2028; and
``(D) 250,000,000 trees in calendar year 2029 and
each calendar year thereafter.
``(c) Applications.--
``(1) In general.--An eligible entity that seeks to receive
a grant under the Program shall submit an application at such
time, in such form, and containing such information as the
Secretary may require, including the information described in
paragraph (2), to--
``(A) the State forester or equivalent official of
the State in which the eligible entity is located; or
``(B) in the case of an eligible entity that is an
Indian Tribe, an official of the governing body of the
Indian Tribe.
``(2) Contents.--An application submitted under paragraph
(1) shall include--
``(A) the reason that the forest stocking level of
the land is less than 25 percent of regional norms for
forest properties with comparable tree species and soil
characteristics, if applicable;
``(B) the natural, economic, and environmental
benefits of returning the eligible land to forested
condition;
``(C) an estimate of the annual carbon
sequestration that will be achieved by the replanted
forests, using processes determined by the Secretary;
``(D) a reforestation plan that includes--
``(i) a list of expected eligible costs;
``(ii) a description of the site
preparation and the tree species to be planted;
``(iii) a description of the manner in
which the design of the project is informed by
climate change science and will enhance forest
health, resilience, and biodiversity;
``(iv) an explanation of the manner in
which the land will be maintained for 36 months
after planting to ensure successful
establishment; and
``(v) an explanation of the manner in which
the land will be managed later than 36 months
after planting, including whether that
management shall include a timber harvest;
``(E) in the case of an application for an urban
reforestation project under subsection (e)--
``(i) a description of the manner in which
the tree planting shall address disparities in
local environmental quality, such as lower tree
canopy cover; and
``(ii) a description of the anticipated
community and stakeholder engagement in the
project; and
``(F) any other relevant information required by
the Secretary.
``(3) Applications to secretary.--Each official that
receives an application under paragraph (1) shall submit the
application to the Secretary with a description of the
application and any other relevant information that the
Secretary may require.
``(d) Priority.--
``(1) Definition of connectivity.--In this subsection, the
term `connectivity' means the degree to which the landscape
facilitates native species movement.
``(2) Priority.--In awarding grants under the Program, the
Secretary shall give priority--
``(A) to projects that provide the largest
potential increase in carbon sequestration per dollar;
``(B) to projects that provide increased habitat
connectivity for wildlife;
``(C) to projects under which an eligible entity
will enter into a contract or cooperative agreement
with 1 or more qualified youth or conservation corps
(as the term is defined in section 203 of Public Law
91-378 (commonly known as the `Youth Conservation Corps
Act of 1970') (16 U.S.C. 1722)); and
``(D) in the case of urban reforestation projects
under subsection (e), to projects that--
``(i) are located in a community of color
or a low-income community;
``(ii) are located in a neighborhood with
poor local environmental quality, including
lower tree canopy cover and higher maximum
daytime summer temperatures;
``(iii) are located in a neighborhood with
high amounts of senior citizens or children;
``(iv) are located immediately adjacent to
large numbers of residents;
``(v) will collaboratively engage neighbors
and community members that will be closely
affected by the tree planting in as many
aspects of project development and
implementation as possible; and
``(vi) will employ a substantial percentage
of the workforce locally, with a focus on
engaging unemployed and underemployed persons
in communities of color and low-income
communities.
``(e) Urban Reforestation.--
``(1) In general.--In carrying out the Program, the
Secretary shall award sufficient grants each year to projects
carried out in urban areas to plant, to the maximum extent
practicable--
``(A) 5,000,000 trees in each of calendar years
2023 through 2025;
``(B) 10,000,000 trees in each of calendar years
2026 through 2029; and
``(C) 15,000,000 trees in calendar year 2030 and
each calendar year thereafter.
``(2) Federal share.--The Secretary shall award a grant to
an eligible entity under the Program to conduct a reforestation
project in an urban area in an amount equal to not more than 90
percent of the cost of reforesting the eligible land, as
determined by the Secretary.
``(3) Matching requirement.--As a condition of receiving a
grant described in paragraph (2), an eligible entity shall
provide, in cash or through in-kind contributions from non-
Federal sources, matching funds in an amount equal to not less
than 10 percent of the cost of reforesting the eligible land,
as determined by the Secretary.
``(f) Prohibited Conversion to Nonforest Use.--
``(1) In general.--Subject to paragraphs (2) and (3), an
eligible entity that receives a grant under the Program shall
not sell or convert land that was reforested under the Program
to nonforest use.
``(2) Reimbursement of funds.--An eligible entity that
receives a grant under this Program and sells or converts land
that was reforested under the Program to nonforest use shall
pay to the Federal Government an amount equal to the greater
of--
``(A) the amount of the grant; and
``(B) the current appraised value of timber stocks
on that land.
``(3) Loss of eligibility.--An eligible entity that
receives a grant under this Program and sells or converts land
that was reforested under the Program to nonforest use shall
not be eligible for additional grants under the Program.
``(g) Costs.--
``(1) Federal share.--Unless otherwise provided under this
section, the Secretary shall award a grant to an eligible
entity under the Program in an amount equal to not more than 75
percent of the cost of reforesting the eligible land, as
determined by the Secretary.
``(2) Matching requirement.--Unless otherwise provided
under this section, as a condition of receiving a grant under
the Program, an eligible entity shall provide, in cash or
through in-kind contributions from non-Federal sources,
matching funds in an amount equal to not less than 25 percent
of the cost of reforesting the eligible land, as determined by
the Secretary.
``(h) Planting Survival.--An eligible entity that receives a grant
under the Program shall--
``(1) not later than 36 months after planting has been
completed using the grant funds, submit to the responsible
State or Tribal official, as applicable, a monitoring report
that describes project implementation, including the survival
rate of all plantings made under the grant; and
``(2) if the survival rate reported in the monitoring
report under paragraph (1) is, after 36 months, less than the
required minimum survival rate for the geographic area in which
the planting is located, as determined by a State forester or
equivalent State or Tribal official, as applicable, replant
tree seedlings in a quantity equivalent to half of the original
planting, using comparable means to the original planting.
``(i) Prevailing Wage Requirement.--Any contractor or subcontractor
entering into a service contract in connection with a project under the
Program shall--
``(1) be treated as a Federal contractor or subcontractor
for purposes of chapter 67 of title 41, United States Code
(commonly known as the `McNamara-O'Hara Service Contract Act of
1965'); and
``(2) pay each class of employee employed by the contractor
or subcontractor wages and fringe benefits at rates in
accordance with prevailing rates for the class in the locality,
or, where a collective-bargaining agreement covers the
employee, in accordance with the rates provided for in the
agreement, including prospective wage increases provided for in
the agreement.
``(j) Report.--The Secretary shall annually submit to the relevant
committees of Congress a report that describes the activities of the
Program, including the total amount of carbon sequestered by replanted
forests during the year covered by the report.
``(k) Funding.--
``(1) In general.--Of the funds of the Reforestation Trust
Fund established under section 303 of Public Law 96-451 (16
U.S.C. 1606a), the Secretary shall use such sums as are
necessary to carry out the Program.
``(2) Administrative costs and technical assistance.--Of
the funds used under paragraph (1), the Secretary shall
allocate not more than 10 percent for each fiscal year to State
foresters or equivalent officials, including equivalent
officials of Indian Tribes, for administrative costs and
technical assistance under the Program.''.
SEC. 40933. URBAN WOOD PROGRAMS.
(a) In General.--The Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101 et seq.) is amended by adding at the end the following:
``SEC. 21. URBAN WOOD PROGRAMS.
``(a) Definitions.--In this section:
``(1) Innovative urban wood product.--The term `innovative
urban wood product' means a wood product that uses wood
residues and byproducts from urban forest management, building
deconstruction, and other related sources of wood generated in
urban areas.
``(2) Secretary.--The term `Secretary' means the Secretary,
acting through the Research and Development Deputy Area and the
State and Private Forestry Deputy Area of the Forest Service.
``(3) Wood product.--The term `wood product' includes--
``(A) building material made of wood;
``(B) a durable home product made of wood; and
``(C) a woody residue used for bioenergy.
``(b) Urban Wood Research and Development Program.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means--
``(A) a unit of State, Tribal, or local government;
``(B) a land-grant college or university (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)) or other institution of higher education;
``(C) a nonprofit organization; and
``(D) any other entity, as determined by the
Secretary.
``(2) Establishment.--The Secretary shall establish a
program to facilitate the use of innovative urban wood products
in incorporated cities and towns in the United States by--
``(A) conducting performance-driven research and
development relating to the potential sources and uses
of urban wood products;
``(B) providing education and technical assistance
to eligible entities relating to the potential sources
and uses of urban wood products; and
``(C) awarding grants under paragraph (5).
``(3) Collaboration.--In carrying out the program
established under paragraph (2), the Secretary shall obtain
input and guidance from, and collaborate with--
``(A) the wood products industry;
``(B) conservation organizations;
``(C) community organizations; and
``(D) institutions of higher education.
``(4) Research and development, education, and technical
assistance.--The Secretary shall carry out subparagraphs (A)
and (B) of paragraph (2) at the Forest Products Laboratory of
the Department of Agriculture or through the State and Private
Forestry Deputy Area in a manner that meets the needs of
municipalities, private companies, trade and technical schools,
and other entities that work with urban wood.
``(5) Grants.--After obtaining input and guidance from the
entities described in paragraph (3), the Secretary shall award
grants on a competitive basis to eligible entities to conduct
research and development and provide education and technical
assistance that--
``(A) increases the use of urban wood; and
``(B) provides increased employment opportunities
in the urban wood industry and related fields.
``(6) Priorities.--In carrying out the program established
under paragraph (2), the Secretary shall give priority to
projects and activities that--
``(A)(i) identify new products that can be created
from urban wood; or
``(ii) improve on existing processes to produce
innovative urban wood products with greater efficiency
and quality;
``(B) facilitate improved commercialization of
innovative urban wood products;
``(C) engage unemployed and underemployed persons
in disadvantaged communities in worker training, full-
time employment, and incubation of new commercial
enterprises; and
``(D) increase the carbon mitigation benefit of the
management of urban wood, as measured by the lifecycle
environmental footprint of a wood product or production
process, beginning with the collection of raw urban
wood materials and ending with the manufacturing
process.
``(7) Timeframe.--To the maximum extent practicable, the
measurable performance goals for the research and development,
education, and technical assistance conducted under the program
established under paragraph (2) shall be achievable within a
10-year timeframe beginning on the date of establishment of the
program.
``(c) Urban Wood Building Competition.--Beginning in fiscal year
2023, the Secretary shall carry out an annual competition, in
accordance with section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719), for--
``(1) innovative urban wood products and manufacturing
processes; or
``(2) other innovative wood product demonstrations.
``(d) Funding.--Of the funds of the Reforestation Trust Fund
established under section 303 of Public Law 96-451 (16 U.S.C. 1606a),
the Secretary shall use $35,000,000 each fiscal year to carry out this
section.''.
(b) Urban Wood Innovation Grants.--Section 8643 of the Agriculture
Improvement Act of 2018 (7 U.S.C. 7655d) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) Innovative urban wood product.--The term `innovative
urban wood product' means a wood product that uses wood
residues and byproducts from urban forest management, building
deconstruction, and other related sources of wood generated in
urban areas.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``(October 20,
2015)), may'' and inserting the following: ``(October
20, 2015))--
``(A) may'';
(B) in subparagraph (A) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) shall, to the maximum extent practicable,
award 1 or more wood innovation grants each year to
eligible entities for the purpose of advancing the use
of innovative urban wood products.''; and
(3) in subsection (c), by striking ``under subsection
(b)(2)'' and inserting ``for grants under subsection
(b)(1)(A)''.
SEC. 40934. STEWARDSHIP CORPS.
(a) In General.--The Secretary of Agriculture (referred to in this
section as the ``Secretary''), in consultation with the Secretary of
the Interior, shall establish a civilian conservation corps, to be
known as the ``Stewardship Corps'' (referred to in this section as the
``Stewardship Corps''), to provide youth from low-income communities,
indigenous communities, and communities of color with the academic,
vocational, and social skills necessary to pursue long term, productive
careers in the forest sector and the wetland restoration sector.
(b) Reforestation and Restoration on Federal Land.--To the maximum
extent practicable, members of the Stewardship Corps shall perform--
(1)(A) in each of calendar years 2023 through 2027, not
less than 20 percent of the reforestation required under
subsections (d)(2) and (e) of section 303 of Public Law 96-451
(16 U.S.C. 1606a); and
(B) in calendar years 2028 and each calendar year
thereafter, not less than 40 percent of the reforestation
described in subparagraph (A); and
(2)(A) in each of calendar years 2023 through 2027, not
less than 20 percent of the wetlands restoration required under
section 40957; and
(B) in calendar year 2028 and each calendar year
thereafter, not less than 40 percent of the wetlands
restoration described in subparagraph (A).
(c) Duration of Participation.--An individual shall serve in the
Stewardship Corps for not more than 2 years.
(d) Housing and Care.--The Secretary shall provide to each member
of the Stewardship Corps housing, subsistence, clothing, medical
attention (including hospitalization), transportation, and a cash
allowance, as determined necessary by the Secretary.
(e) Compensation.--Members of the Stewardship Corps shall be paid
at a rate in accordance with the prevailing rate for a similar class of
Federal employees in the locality.
(f) Job Placement.--The Secretary shall assist members of the
Stewardship Corps with obtaining employment in the forest sector and
the wetlands restoration sector on the completion of service under the
Stewardship Corps.
PART 3--COASTAL WETLAND
SEC. 40951. DEFINITIONS.
In this part:
(1) Administrator.--The term ``Administrator'' means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal wetland.--The term ``coastal wetland'' means
estuarine vegetated coastal habitat, including salt marsh,
seagrass, mangrove, and other vegetated marine habitats.
(3) 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).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Natural infrastructure.--The term ``natural
infrastructure'' means infrastructure that--
(A) uses, restores, or emulates natural ecological
processes; and
(B)(i) is created through the action of natural
physical, geological, biological, and chemical
processes over time;
(ii) is created by human design, engineering, and
construction to emulate or act in concert with natural
processes; or
(iii) involves the use of plants, soils, and other
natural features, including through the creation,
restoration, or preservation of vegetated areas using
materials appropriate to the area.
(6) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in
section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code.
(7) Program.--The term ``Program'' means the Coastal and
Estuary Resilience Grant Program as established by section
40922.
(8) Restoration.--The term ``restoration'' means renewing,
enhancing, or replacing degraded, damaged, vulnerable, or
destroyed wetlands to improve the ecosystem function and
resilience through active human intervention and action, such
as--
(A) improving hydrological conditions (such as by
removing tidal barriers, improving connectivity, or
changing water levels);
(B) altering sediment supply (such as through the
beneficial use of dredge material, thin-layer spraying,
or reconnecting river sediment);
(C) changing salinity characteristics;
(D) improving water quality (such as by reducing
excess nutrients, sedimentation, or contaminants);
(E) planting of native plants, removal of invasive
species, and other improved management practices;
(F) controlling erosion of wetland edges; and
(G) enabling future inland migration as sea levels
rise, including through the enhancement of adjacent
fresh water wetlands.
(9) State.--The term ``State'' means a State, the District
of Columbia, or any territory or possession of the United
States.
SEC. 40952. COASTAL AND ESTUARY RESILIENCE GRANT PROGRAM.
(a) Establishment.--The Secretary of Commerce shall establish a
program, to be known as the ``Coastal and Estuary Resilience Grant
Program'', under which the Secretary awards grants to entities that are
eligible under subsection (b) to fund coastal wetland restoration
projects that are eligible under subsection (c).
(b) Eligible Entities.--An entity is eligible to apply for a grant
under the Program if the entity is an institution of higher education,
a nonprofit organization, a State or local government, or an Indian
Tribe.
(c) Eligible Projects.--A project is eligible for a grant under the
Program if the project is designed to reduce net greenhouse gases
through one of the following:
(1) The sequestration of additional carbon dioxide
through--
(A) the active restoration of degraded coastal
wetland; and
(B) the protection of threatened coastal wetland.
(2) The halting of ongoing carbon dioxide emissions, and
the resumption of the natural rate of carbon capture, through
the restoration of drained coastal wetland.
(3) The halting of ongoing methane emissions, and the
resumption of the natural rate of carbon storage, through the
restoration of formerly tidal wetland that has lost tidal
connectivity and become fresh wetland (commonly known as
``impounded wetland'').
(d) Grant Evaluation Criteria.--In reviewing applications for
grants under the Program, the Secretary shall give priority to projects
that exhibit the highest potential to--
(1) mitigate greenhouse gas emissions by--
(A) reducing greenhouse gas emissions; or
(B) capturing and storing greenhouse gases;
(2) reinforce ecosystem resilience and adaptation by--
(A) preparing for sea level rise in order to reduce
vulnerability to sea level rise and erosion;
(B) supporting resilience against flooding and sea
level rise; or
(C) restoring or enhancing ecosystem function; or
(3) provide economic and social co-benefits by--
(A) reducing the potential impact and damage of
storms on the built environment;
(B) advancing environmental justice by reducing the
disproportionate impacts of environmental hazards on
communities of color, indigenous communities, and low-
income communities;
(C) providing jobs in coastal communities;
(D) including elements of natural infrastructure;
(E) incorporating collaborative partnerships; or
(F) involving local communities in project planning
and implementation.
(e) Matching Funds.--
(1) Inclusion in applications.--An eligible entity under
subsection (b) may include in an application for a grant under
the Program a commitment to provide non-Federal resources
(including in-kind contributions and volunteer hours) to match
the amount of grant.
(2) Consideration.--In reviewing an application for a grant
under the Program, the Secretary may consider the inclusion of
a commitment under paragraph (1) but may not require such a
commitment as a condition of receiving a grant.
(f) Eligible Costs.--A grant awarded under the Program shall be
available for all phases of the development, implementation, and
monitoring of projects that are eligible under subsection (c),
including--
(1) preliminary community engagement, planning, and
prioritization;
(2) preliminary design and site assessment, including--
(A) assessments of feasibility;
(B) planning; and
(C) community engagement;
(3) final design and permitting;
(4) restoration and project implementation; and
(5) monitoring, reporting, and stewardship.
(g) Reporting.--
(1) In general.--An entity that receives a grant under the
Program for a project shall--
(A) collect data on the development and
implementation of the project and stewardship following
completion of the project; and
(B) submit that data to the Administrator for
inclusion in the database required by section 40953(a).
(2) Report after project completion.--Not later than 1 year
after the completion of a project for which a grant is provided
under the Program, the entity that received the grant shall
submit to the Administrator a report on the outputs, outcomes,
and impacts of the project, including with respect to--
(A) the amount of area restored;
(B) the estimated net climate benefit;
(C) benefits to nearby communities; and
(D) involvement of partners and communities.
(h) Monitoring.--The Secretary shall establish guidelines providing
for monitoring a project for which a grant is provided under the
Program for the 10-year period after the grant is awarded.
(i) Role of National Fish and Wildlife Foundation.--In carrying out
the Program, the Secretary may consult, partner, or otherwise
coordinate with the National Fish and Wildlife Foundation established
by section 2(a) of the National Fish and Wildlife Foundation
Establishment Act (16 U.S.C. 3701(a)).
SEC. 40953. DATA COLLECTION.
(a) Database.--
(1) In general.--The Administrator shall maintain a coastal
wetland restoration database to collect information about
projects that receive grants under the Program.
(2) Design.--The Administrator shall design the database
required by paragraph (1) to collect performance metrics on the
development and implementation of projects that receive grants
under the Program and stewardship following completion of such
projects to evaluate the success of those projects and inform
the design of future projects in an adaptive manner.
(3) Included metrics.--The database required by paragraph
(1) shall include standardized metrics for reporting such as--
(A) acres restored, protected, or created;
(B) habitat type;
(C) restoration technique;
(D) estimated net greenhouse gas reduction effect;
(E) jobs created;
(F) quantified ecosystem services; and
(G) other metrics selected by the Administrator.
(4) Public availability.--The Administrator shall make
products of the database publicly available and disseminate
important findings to the public.
(b) Inventory of Coastal Wetland.--The Administrator shall compile
an inventory of coastal wetland.
SEC. 40954. OUTREACH AND TECHNICAL ASSISTANCE.
The Administrator shall establish a technical assistance program to
help entities outside of the National Oceanic and Atmospheric
Administration in all phases of coastal wetland restoration project
work, including outreach to potential applicants for grants under
section 40952.
SEC. 40955. ANNUAL RESTORATION AND FUNDING.
(a) Acreage Requirements.--To the maximum extent practicable, the
Secretary of Commerce shall award grants under the Program to conduct
coastal wetland restoration on 1,500,000 acres over 10 years, as
follows:
(1) On 50,000 acres in each of fiscal years 2023 and 2024.
(2) On 100,000 acres in each of fiscal years 2025 and 2026.
(3) On 150,000 acres in each of fiscal years 2027 and 2028.
(4) On 225,000 acres in fiscal year 2029 and each fiscal
year thereafter.
(b) Funding.--
(1) In general.--On October 1 of each fiscal year, out of
any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
Commerce to provide grants under the Program, to remain
available until expended--
(A) $1,250,000,000 for each of fiscal years 2023
and 2024;
(B) $2,500,000,000 for each of fiscal years 2025
and 2026;
(C) $3,750,000,000 for each of fiscal years 2027
and 2028; and
(D) $5,625,000,000 for each of fiscal years 2029
through 2032.
(2) Receipt and acceptance.--The Secretary of Commerce
shall be entitled to receive, shall accept, and shall use to
provide grants under the Program in accordance with paragraph
(1) the funds transferred under that paragraph, without further
appropriation.
(c) Supplement Not Supplant.--The amount authorized to be
appropriated by subsection (a) shall supplement and not supplant other
amounts available to the Secretary of Commerce.
SEC. 40956. PREVAILING WAGE REQUIREMENT.
Any contractor or subcontractor entering into a service contract in
connection with a project under the Program shall--
(1) be treated as a Federal contractor or subcontractor for
purposes of chapter 67 of title 41, United States Code
(commonly known as the ``McNamara-O'Hara Service Contract Act
of 1965''); and
(2) pay each class of employee employed by the contractor
or subcontractor wages and fringe benefits at rates in
accordance with prevailing rates for the class in the locality,
or, where a collective-bargaining agreement covers the
employee, in accordance with the rates provided for in the
agreement, including prospective wage increases provided for in
the agreement.
SEC. 40957. DEPARTMENT OF THE INTERIOR COASTAL WETLAND RESTORATION;
FUNDING.
(a) In General.--The Secretary of the Interior shall conduct
coastal wetland restoration on land managed by the Secretary of the
Interior to achieve at least 1 of the following:
(1) The sequestration of additional carbon dioxide
through--
(A) the active restoration of degraded coastal
wetland; and
(B) the protection of threatened coastal wetland.
(2) The halting of ongoing carbon dioxide emissions, and
the resumption of the natural rate of carbon capture, through
the restoration of drained coastal wetland.
(3) The halting of ongoing methane emissions, and the
resumption of the natural rate of carbon storage, through the
restoration of formerly tidal wetland that has lost tidal
connectivity and become fresh wetland (commonly known as
``impounded wetland'').
(b) Acreage Requirements.--To the maximum extent practicable, the
Secretary of the Interior shall conduct coastal wetland restoration
under subsection (a)--
(1) on land managed by the Director of the United States
Fish and Wildlife Service--
(A) on 10,000 acres in each of fiscal years 2023
and 2024;
(B) on 20,000 acres in each of fiscal years 2025
and 2026; and
(C) on 30,000 acres in fiscal year 2027 and each
fiscal year thereafter; and
(2) on land managed by the Director of the National Park
Service--
(A) on 10,000 acres in each of fiscal years 2023
and 2024;
(B) on 20,000 acres in each of fiscal years 2025
and 2026;
(C) on 40,000 acres in each of fiscal years 2027
and 2028;
(D) on 80,000 acres in each of fiscal years 2029
and 2030; and
(E) on 160,000 acres in fiscal year 2031 and each
fiscal year thereafter.
(c) Funding.--
(1) In general.--On October 1 of each fiscal year, out of
any funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary of
the Interior to carry out this section, to remain available
until expended--
(A) for coastal wetland restoration on land managed
by the Director of the United States Fish and Wildlife
Service--
(i) $250,000,000 for each of fiscal years
2023 and 2024;
(ii) $500,000,000 for each of fiscal years
2025 and 2026; and
(iii) $750,000,000 for each of fiscal years
2027 through 2032; and
(B) for coastal wetland restoration on land managed
by the Director of the National Park Service--
(i) $250,000,000 for each of fiscal years
2023 and 2024;
(ii) $500,000,000 for each of fiscal years
2025 and 2026;
(iii) $1,000,000,000 for each of fiscal
years 2027 and 2028;
(iv) $2,000,000,000 for each of fiscal
years 2029 and 2030; and
(v) $4,000,000,000 for each of fiscal years
2031 and 2032.
(2) Receipt and acceptance.--The Secretary of the Interior
shall be entitled to receive, shall accept, and shall use to
carry out this section in accordance with paragraph (1) the
funds transferred under that paragraph, without further
appropriation.
Subtitle J--Clean Air Sharp Minds Act
SEC. 41001. SHORT TITLE.
This subtitle may be cited as the ``Clean Air Sharp Minds Act''.
SEC. 41002. PURPOSES.
The purposes of this subtitle are--
(1) to improve the health and academic achievement of
students in highly polluted environments;
(2) to demonstrate the impacts of clean air at school on
student learning and well-being; and
(3) to support the Nation's schools to advance
environmental justice.
SEC. 41003. FINDINGS.
Congress finds the following:
(1) Substantial research demonstrates that air pollution
negatively impacts health and cognition.
(2) More than 1 in 5 public schools in the United States
are located within a mile of a toxic release site. Nearly 1 in
11 public schools, serving 4,400,000 students, are less than
500 feet from a major road.
(3) According to a 2017 report, 4 percent of schools
serving predominantly White students are next to major roads,
while 15 percent of schools serving largely students of color
are next to major roads.
(4) Indoor levels of air pollutants can be 2 to 5 times
higher, and sometimes 100 times higher, than outdoor levels. In
2014, nearly half of schools in the United States reported
having problems related to indoor air quality.
(5) Schools in poor repair may have additional air quality
problems, including lead, asbestos, dust, and radon
contamination.
(6) Poor indoor air quality increases the risk of severe
asthma attacks and allergic reactions. Asthma is the leading
cause of missed school days in the United States.
(7) High-performance air filters can decrease indoor
particulate matter by 90 percent.
(8) Research demonstrates the potential for school air
filters to improve student learning. In 2016, commercial air
filters were installed in every classroom, office, and common
area of 18 public schools in Los Angeles. Controlling for
student demographics, mathematics test scores at these schools
improved dramatically, nearly matching the impact of reducing
class sizes by a third, and gains persisted the following the
year.
SEC. 41004. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Commercial air filter.--The term ``commercial air
filter'' means an air filter unit that--
(A) removes particulate matter (including mold,
smoke, dust, lead, soot, and allergens from pests) and
gaseous pollutants (including carbon monoxide, sulfur
dioxide, and volatile organic compounds);
(B) does not produce any ozone;
(C) meets the American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE)
Minimum Efficiency Reporting Value (MERV) of 13 (or the
equivalent, using a different rating system); and
(D) contains activated carbon (charcoal) and a HEPA
particle filter.
(3) Eligible school.--The term ``eligible school'' means a
public elementary school or secondary school, as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) populations of color, communities of color,
indigenous communities, and low-income communities have
access to public information and opportunities for
meaningful public participation relating to human
health and environmental planning, regulations, and
enforcement;
(B) no population of color or community of color,
indigenous community, or low-income community shall be
exposed to a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazards; and
(C) the ``17 Principles of Environmental Justice'',
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 41005. DEMONSTRATION PROGRAM AUTHORIZED.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary and the Administrator shall enter
into a memorandum of understanding to jointly administer the School Air
Filters Demonstration Program described in this section for a 3-year
period.
(b) Selection of Eligible Schools.--
(1) Selection of eligible schools.--Not later than 12
months after the date of enactment of this Act, the Secretary
and the Administrator shall select a minimum of 175 eligible
schools to participate in the School Air Filters Demonstration
Program.
(2) Priority.--In selecting eligible schools under this
subsection, the Secretary and the Administrator shall do so
with the purpose of advancing environmental justice, giving
priority--
(A) first, to eligible schools that are located in
a nonattainment area for PM2.5, PM10, or ozone;
(B) second, to eligible schools that have school
facilities that pose a severe health and safety threat
to students and staff; and
(C) third, to eligible schools that have a high
concentration of students from a low-income family.
(3) Considerations in selection.--In selecting eligible
schools under this subsection, the Secretary and the
Administrator--
(A) shall seek to select eligible schools that
represent--
(i) a mix of elementary schools, middle
schools, and high schools; and
(ii) a mix of urban, suburban, and rural
schools; and
(B) may consider any other eligibility requirements
that the Secretary and the Administrator determine are
necessary to carry out the purposes of this subtitle.
(c) Agreement To Participate.--The Secretary and the Administrator
shall seek to enter into a written agreement with each eligible school
selected under subsection (b) to ensure that the eligible school
desires to participate in the School Air Filters Demonstration Program.
The Secretary and the Administrator shall carry out the activities
under subsection (d) only with respect to participating eligible
schools that enter into such an agreement.
(d) Use of Funds.--
(1) In general.--The Secretary and the Administrator
shall--
(A) purchase commercial air filters for the
buildings of each participating eligible school;
(B) install a commercial air filter in every
classroom, office, and common area that students access
in each such school;
(C) maintain those air filters for a period of 3
years, including by ensuring the replacement of the
internal carbon filters of those air filters according
to a frequency as indicated by the manufacturer;
(D) provide technical support to eligible schools
participating in the program, including training school
staff on how to properly use the air filters; and
(E) using not more than 3.5 percent of the funds
appropriated under subsection (f), collect, analyze,
and submit data that is necessary for the report and
evaluation described in subsection (e).
(2) Use of contractor.--
(A) In general.--Subject to subparagraph (B), the
activities described in subparagraphs (B) and (C) of
paragraph (1) may be carried out by an entity that--
(i) has a contract to do so with the
Administrator; and
(ii) has a State or local license or
certification from a relevant professional
organization allowing the entity to install and
maintain air filter units.
(B) Collective bargaining agreement.--
Notwithstanding subparagraph (A), if a school or local
educational agency's collective bargaining agreement
stipulates that a school staff member carry out the
activities described in subparagraphs (B) or (C) of
paragraph (1), the Administrator shall coordinate with
the local educational agency to arrange for school
staff to carry out those activities. Nothing in this
subtitle shall be construed to interfere with a
collective bargaining agreement.
(e) Reports and Evaluation.--
(1) Annual reports.--The Secretary and the Administrator
shall prepare and submit to Congress an annual report
containing--
(A) metrics that demonstrate the indoor air quality
(at a minimum, PM2.5 levels, as well as any other air
pollutants that the Administrator determines necessary
to test) at 3 locations within each participating
eligible school before installation of the commercial
air filters, and subsequently twice per academic year,
ensuring that the locations of that testing are kept
consistent for each test);
(B) the pollutants that are captured by the air
filters at participating eligible schools, as
determined by annual tests conducted on the used air
filters;
(C) metrics that demonstrate the academic outcomes
of students at each participating eligible school
(including standardized test scores);
(D) rates of suspension at each participating
eligible school; and
(E) rates of school absence by students at each
participating eligible school, including rates of
school absence relating to asthma and other health
measures.
(2) Evaluation.--At the end of the 3-year School Air
Filters Demonstration Program, the Secretary and the
Administrator shall prepare and submit a report to Congress
that includes an evaluation of the effectiveness of the School
Air Filters Demonstration Program, including an analysis of the
impact of the commercial air filters on student academic
achievement and well-being, and on the program's potential to
advance environmental justice. The evaluation shall include
recommendations based on the findings from the School Air
Filters Demonstration Program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subtitle $20,000,000 for fiscal year
2023.
Subtitle K--Environmental Justice Act of 2020
SEC. 42001. SHORT TITLE.
This subtitle may be cited as the ``Environmental Justice Act of
2020''.
SEC. 42002. PURPOSES.
The purposes of this subtitle are--
(1) to require Federal agencies to address and eliminate
the disproportionate environmental and human health impacts on
populations of color, communities of color, indigenous
communities, and low-income communities;
(2) to ensure that all Federal agencies develop and enforce
rules, regulations, guidance, standards, policies, plans, and
practices that promote environmental justice;
(3) to increase cooperation and require coordination among
Federal agencies in achieving environmental justice;
(4) to provide to communities of color, indigenous
communities, and low-income communities meaningful access to
public information and opportunities for participation in
decision making affecting human health and the environment;
(5) to mitigate the inequitable distribution of the burdens
and benefits of Federal programs having significant impacts on
human health and the environment;
(6) to require consideration of cumulative impacts in
permitting decisions;
(7) to clarify congressional intent to afford rights of
action pursuant to certain statutes and common law claims; and
(8) to allow a private right of action under title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) to
challenge discriminatory practices.
SEC. 42003. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Community of color.--The term ``community of color''
means any geographically distinct area the population of color
of which is higher than the average population of color of the
State in which the community is located.
(3) Community-based science.--The term ``community-based
science'' means voluntary public participation in the
scientific process and the incorporation of data and
information generated outside of traditional institutional
boundaries to address real-world problems in ways that may
include formulating research questions, conducting scientific
experiments, collecting and analyzing data, interpreting
results, making new discoveries, developing technologies and
applications, and solving complex problems, with an emphasis on
the democratization of science and the engagement of diverse
people and communities.
(4) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all individuals, regardless of race, color, national origin,
educational level, or income, with respect to the development,
implementation, and enforcement of environmental laws,
regulations, and policies to ensure that--
(A) populations of color, communities of color,
indigenous communities, and low-income communities have
access to public information and opportunities for
meaningful public participation relating to human
health and environmental planning, regulations, and
enforcement;
(B) no population of color or community of color,
indigenous community, or low-income community shall be
exposed to a disproportionate burden of the negative
human health and environmental impacts of pollution or
other environmental hazards; and
(C) the 17 Principles of Environmental Justice
written and adopted at the First National People of
Color Environmental Leadership Summit held on October
24 through 27, 1991, in Washington, DC, are upheld.
(5) Federal agency.--The term ``Federal agency'' means--
(A) each Federal agency represented on the Working
Group; and
(B) any other Federal agency that carries out a
Federal program or activity that substantially affects
human health or the environment, as determined by the
President.
(6) Fenceline community.--The term ``fenceline community''
means a population living in close proximity to a source of
pollution.
(7) Indigenous community.--The term ``indigenous
community'' means--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people,
including communities in other countries.
(8) Infrastructure.--The term ``infrastructure'' means any
system for safe drinking water, sewer collection, solid waste
disposal, electricity generation, communication, or
transportation access (including highways, airports, marine
terminals, rail systems, and residential roads) that is used to
effectively and safely support--
(A) housing;
(B) an educational facility;
(C) a medical provider;
(D) a park or recreational facility; or
(E) a local businesses.
(9) Low income.--The term ``low income'' means an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(10) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with low income.
(11) Meaningful.--The term ``meaningful'', with respect to
involvement by the public in a determination by a Federal
agency, means that--
(A) potentially affected residents of a community
have an appropriate opportunity to participate in
decisions regarding a proposed activity that will
affect the environment or public health of the
community;
(B) the public contribution can influence the
determination by the Federal agency;
(C) the concerns of all participants involved are
taken into consideration in the decision-making
process; and
(D) the Federal agency--
(i) provides to potentially affected
members of the public accurate information; and
(ii) facilitates the involvement of
potentially affected members of the public.
(12) Population of color.--The term ``population of color''
means a population of individuals who identify as--
(A) Black;
(B) African American;
(C) Asian;
(D) Pacific Islander;
(E) another nonWhite race;
(F) Hispanic;
(G) Latino; or
(H) linguistically isolated.
(13) Publish.--The term ``publish'' means to make publicly
available in a form that is--
(A) generally accessible, including on the internet
and in public libraries; and
(B) accessible for--
(i) individuals who are limited in English
proficiency, in accordance with Executive Order
13166 (65 Fed. Reg. 50121 (August 16, 2000));
and
(ii) individuals with disabilities.
(14) Working group.--The term ``Working Group'' means the
interagency Federal Working Group on Environmental Justice
convened under section 1-102 of Executive Order 12898 (42
U.S.C. 4321 note), as amended by Executive Order 12948 (60 Fed.
Reg. 6381 (January 30, 1995)) and modified by section 42004.
SEC. 42004. INTERAGENCY FEDERAL WORKING GROUP ON ENVIRONMENTAL JUSTICE.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator shall convene, as appropriate to carry
out this section, the Working Group.
(b) Requirements.--
(1) Composition.--The Working Group shall be comprised of
the following (or a designee):
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(E) The Secretary of Health and Human Services.
(F) The Secretary of Homeland Security.
(G) The Secretary of Housing and Urban Development.
(H) The Secretary of the Interior.
(I) The Secretary of Labor.
(J) The Secretary of Transportation.
(K) The Attorney General.
(L) The Administrator.
(M) The Director of the Office of Environmental
Justice.
(N) The Chairman of the Consumer Product Safety
Commission.
(O) The Chairperson of the Chemical Safety Board.
(P) The Director of the Office of Management and
Budget.
(Q) The Director of the Office of Science and
Technology Policy.
(R) The Chair of the Council on Environmental
Quality.
(S) The Assistant to the President for Domestic
Policy.
(T) The Director of the National Economic Council.
(U) The Chairman of the Council of Economic
Advisers.
(V) Such other Federal officials as the President
may designate.
(2) Functions.--The Working Group shall--
(A) report to the President through the Chair of
the Council on Environmental Quality and the Assistant
to the President for Domestic Policy;
(B) provide guidance to Federal agencies regarding
criteria for identifying disproportionately high and
adverse human health or environmental effects--
(i) on populations of color, communities of
color, indigenous communities, and low-income
communities; and
(ii) on the basis of race, color, national
origin, or income;
(C) coordinate with, provide guidance to, and serve
as a clearinghouse for, each Federal agency with
respect to the implementation and updating of an
environmental justice strategy required under this Act,
in order to ensure that the administration,
interpretation, and enforcement of programs,
activities, and policies are carried out in a
consistent manner;
(D) assist in coordinating research by, and
stimulating cooperation among, the Environmental
Protection Agency, the Department of Health and Human
Services, the Department of Housing and Urban
Development, and other Federal agencies conducting
research or other activities in accordance with this
subtitle;
(E) identify, based in part on public
recommendations contained in Federal agency progress
reports, important areas for Federal agencies to take
into consideration and address, as appropriate, in
environmental justice strategies and other efforts;
(F) assist in coordinating data collection and
maintaining and updating appropriate databases, as
required by this subtitle;
(G) examine existing data and studies relating to
environmental justice;
(H) hold public meetings and otherwise solicit
public participation under paragraph (3); and
(I) develop interagency model projects relating to
environmental justice that demonstrate cooperation
among Federal agencies.
(3) Public participation.--The Working Group shall--
(A) hold public meetings or otherwise solicit
public participation and community-based science for
the purpose of fact-finding with respect to the
implementation of this subtitle; and
(B) prepare for public review and publish a summary
of any comments and recommendations provided.
(c) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
SEC. 42005. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE.
(a) Federal Agency Responsibilities.--
(1) Environmental justice mission.--To the maximum extent
practicable and permitted by applicable law, each Federal
agency shall make achieving environmental justice part of the
mission of the Federal agency by identifying, addressing, and
mitigating disproportionately high and adverse human health or
environmental effects of the programs, policies, and activities
of the Federal agency on populations of color, communities of
color, indigenous communities, and low-income communities in
the United States (including the territories and possessions of
the United States and the District of Columbia).
(2) Nondiscrimination.--Each Federal agency shall conduct
any program, policy, or activity that substantially affects
human health or the environment in a manner that ensures that
the program, policy, or activity does not have the effect of
excluding any individual or group from participation in,
denying any individual or group the benefits of, or subjecting
any individual or group to discrimination under, the program,
policy, or activity because of race, color, or national origin.
(3) Strategies.--
(A) Agencywide strategies.--Each Federal agency
shall implement and update, not less frequently than
annually, an agencywide environmental justice strategy
that identifies disproportionally high and adverse
human health or environmental effects of the programs,
policies, spending, and other activities of the Federal
agency with respect to populations of color,
communities of color, indigenous communities, and low-
income communities, including, as appropriate for the
mission of the Federal agency, with respect to the
following areas:
(i) Implementation of the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(ii) Implementation of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.) (including regulations promulgated
pursuant to that title).
(iii) Implementation of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(iv) Impacts from the lack of
infrastructure, or from deteriorated
infrastructure.
(v) Impacts from land use.
(vi) Impacts from climate change.
(vii) Impacts from commercial
transportation.
(B) Revisions.--
(i) In general.--Each strategy developed
and updated pursuant to subparagraph (A) shall
identify programs, policies, planning and
public participation processes, rulemaking,
agency spending, and enforcement activities
relating to human health or the environment
that may be revised, at a minimum--
(I) to promote enforcement of all
health, environmental, and civil rights
laws and regulations in areas
containing populations of color,
communities of color, indigenous
communities, and low-income
communities;
(II) to ensure greater public
participation;
(III) to provide increased access
to infrastructure;
(IV) to improve research and data
collection relating to the health and
environment of populations of color,
communities of color, indigenous
communities, and low-income
communities, including through the
increased use of community-based
science; and
(V) to identify differential
patterns of use of natural resources
among populations of color, communities
of color, indigenous communities, and
low-income communities.
(ii) Timetables.--Each strategy implemented
and updated pursuant to subparagraph (A) shall
include a timetable for undertaking revisions
identified pursuant to clause (i).
(C) Progress reports.--Not later than 1 year after
the date of enactment of this Act, and not less
frequently than once every 5 years thereafter, each
Federal agency shall submit to Congress and the Working
Group, and shall publish, a progress report that
includes, with respect to the period covered by the
report--
(i) a description of the current
environmental justice strategy of the Federal
agency;
(ii) an evaluation of the progress made by
the Federal agency at national and regional
levels regarding implementation of the
environmental justice strategy, including--
(I) metrics used by the Federal
agency to measure performance; and
(II) the progress made by the
Federal agency toward--
(aa) the achievement of the
metrics described in subclause
(I); and
(bb) mitigating identified
instances of environmental
injustice;
(iii) a description of the participation by
the Federal agency in interagency
collaboration;
(iv) responses to recommendations submitted
by members of the public to the Federal agency
relating to the environmental justice strategy
of the Federal agency and the implementation by
the Federal agency of this subtitle; and
(v) any updates or revisions to the
environmental justice strategy of the Federal
agency, including those resulting from public
comments.
(4) Public participation.--Each Federal agency shall--
(A) ensure that meaningful opportunities exist for
the public to submit comments and recommendations
relating to the environmental justice strategy,
progress reports, and ongoing efforts of the Federal
agency to incorporate environmental justice principles
into the programs, policies, and activities of the
Federal agency;
(B) hold public meetings or otherwise solicit
public participation and community-based science from
populations of color, communities of color, indigenous
communities, and low-income communities for fact-
finding, receiving public comments, and conducting
inquiries concerning environmental justice; and
(C) prepare for public review and publish a summary
of the comments and recommendations provided.
(5) Access to information.--Each Federal agency shall--
(A) publish public documents, notices, and hearings
relating to the programs, policies, and activities of
the Federal agency that affect human health or the
environment; and
(B) translate and publish any public documents,
notices, and hearings relating to an action of the
Federal agency as appropriate for the affected
population, specifically in any case in which a limited
English-speaking population may be disproportionately
affected by that action.
(6) Codification of guidance.--
(A) Council on environmental quality.--
Notwithstanding any other provision of law, sections II
and III of the guidance issued by the Council on
Environmental Quality entitled ``Environmental Justice
Guidance Under the National Environmental Policy Act''
and dated December 10, 1997, are enacted into law.
(B) Environmental protection agency.--
Notwithstanding any other provision of law, the
guidance issued by the Environmental Protection Agency
entitled ``EPA Policy on Consultation and Coordination
with Indian Tribes: Guidance for Discussing Tribal
Treaty Rights'' and dated February 2016 is enacted into
law.
(b) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental or human health
research, include diverse segments of the population in
epidemiological and clinical studies, including
segments at high risk from environmental hazards, such
as--
(i) populations of color, communities of
color, indigenous communities, populations with
low income, and low-income communities;
(ii) fenceline communities; and
(iii) workers who may be exposed to
substantial environmental hazards;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures;
and
(C) actively encourage and solicit community-based
science, and provide to populations of color,
communities of color, indigenous communities,
populations with low income, and low-income communities
the opportunity to comment regarding the development
and design of research strategies carried out pursuant
to this subtitle.
(2) Disproportionate impact.--To the maximum extent
practicable and permitted by applicable law (including section
552a of title 5, United States Code (commonly known as the
``Privacy Act'')), each Federal agency shall--
(A) collect, maintain, and analyze information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, or income; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally high and adverse human
health or environmental effects on populations of
color, communities of color, indigenous communities,
and low-income communities.
(3) Information relating to non-federal facilities.--In
connection with the implementation of Federal agency strategies
under subsection (a)(3), each Federal agency, to the maximum
extent practicable and permitted by applicable law, shall
collect, maintain, and analyze information relating to the
race, national origin, and income level, and other readily
accessible and appropriate information, for fenceline
communities in proximity to any facility or site expected to
have a substantial environmental, human health, or economic
effect on the surrounding populations, if the facility or site
becomes the subject of a substantial Federal environmental
administrative or judicial action.
(4) Impact from federal facilities.--Each Federal agency,
to the maximum extent practicable and permitted by applicable
law, shall collect, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for fenceline
communities in proximity to any facility of the Federal agency
that is--
(A) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act of
1986 (42 U.S.C. 11001 et seq.), as required by
Executive Order 12898 (42 U.S.C. 4321 note); and
(B) expected to have a substantial environmental,
human health, or economic effect on surrounding
populations.
(c) Consumption of Fish and Wildlife.--
(1) In general.--Each Federal agency shall develop, publish
(unless prohibited by law), and revise, as practicable and
appropriate, guidance on actions of the Federal agency that
will impact fish and wildlife consumed by populations that
principally rely on fish or wildlife for subsistence.
(2) Requirement.--The guidance described in paragraph (1)
shall--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(d) Mapping and Screening Tool.--The Administrator shall continue
to make available to the public an environmental justice mapping and
screening tool (such as EJScreen or an equivalent tool) that includes,
at a minimum, the following features:
(1) Nationally consistent data.
(2) Environmental data.
(3) Demographic data, including data relating to race,
ethnicity, and income.
(4) Capacity to produce maps and reports by geographical
area.
(e) Judicial Review and Rights of Action.--Any person may commence
a civil action--
(1) to seek relief from, or to compel, an agency action
under this section (including regulations promulgated pursuant
to this section); or
(2) otherwise to ensure compliance with this section
(including regulations promulgated pursuant to this section).
(f) Information Sharing.--In carrying out this section, each
Federal agency, to the maximum extent practicable and permitted by
applicable law, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and Tribal governments.
SEC. 42006. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The establishment by the Administrator on
September 30, 1993, by charter pursuant to the Federal Advisory
Committee Act (5 U.S.C. App.) of the National Environmental Justice
Advisory Council (referred to in this section as the ``Advisory
Council'') is enacted into law.
(b) Duties.--The Advisory Council may carry out such duties as were
carried out by the Advisory Council on the day before the date of
enactment of this Act, subject to modification by the Administrator, by
regulation.
(c) Membership.--The membership of the Advisory Council shall--
(1) be determined and appointed in accordance with, as
applicable--
(A) the charter described in subsection (a) (or any
subsequent amendment or revision of that charter); or
(B) other appropriate bylaws or documents of the
Advisory Council, as determined by the Administrator;
and
(2) continue in effect as in existence on the day before
the date of enactment of this Act until modified in accordance
with paragraph (1).
(d) Designated Federal Officer.--The Director of the Office of
Environmental Justice of the Environmental Protection Agency is
designated as the Federal officer required under section 10(e) of the
Federal Advisory Committee Act (5 U.S.C. App.) for the Advisory
Council.
(e) Meetings.--
(1) In general.--The Advisory Council shall meet not less
frequently than 3 times each calendar year.
(2) Open to public.--Each meeting of the Advisory Council
shall be held open to the public.
(3) Designated federal officer.--The designated Federal
officer described in subsection (d) (or a designee) shall--
(A) be present at each meeting of the Advisory
Council;
(B) ensure that each meeting is conducted in
accordance with an agenda approved in advance by the
designated Federal officer;
(C) provide an opportunity for interested persons--
(i) to file comments before or after each
meeting of the Advisory Council; or
(ii) to make statements at such a meeting,
to the extent that time permits;
(D) ensure that a representative of the Working
Group and a high-level representative from each
regional office of the Environmental Protection Agency
are invited to, and encouraged to attend, each meeting
of the Advisory Council; and
(E) provide technical assistance to States seeking
to establish State-level environmental justice advisory
councils or implement other environmental justice
policies or programs.
(f) Responses From Administrator.--
(1) Public comment inquiries.--The Administrator shall
provide a written response to each inquiry submitted to the
Administrator by a member of the public before or after each
meeting of the Advisory Council by not later than 120 days
after the date of submission.
(2) Recommendations from advisory council.--The
Administrator shall provide a written response to each
recommendation submitted to the Administrator by the Advisory
Council by not later than 120 days after the date of
submission.
(g) Travel Expenses.--A member of the Advisory Council may be
allowed travel expenses, including per diem in lieu of subsistence, at
such rate as the Administrator determines to be appropriate while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
(h) Duration.--The Advisory Council shall remain in existence
unless otherwise provided by law.
SEC. 42007. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) In General.--The Administrator shall continue to carry out the
Environmental Justice Small Grants Program and the Environmental
Justice Collaborative Problem-Solving Cooperative Agreement Program, as
those programs are in existence on the date of enactment of this Act.
(b) CARE Grants.--The Administrator shall continue to carry out the
Community Action for a Renewed Environment grant programs I and II, as
in existence on January 1, 2012.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the programs described in subsections (a) and
(b) $10,000,000 for each of fiscal years 2022 through 2031.
SEC. 42008. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT
VIOLATIONS IN CERTAIN PERMITTING DECISIONS.
(a) Federal Water Pollution Control Act.--Section 402 of the
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
(1) by striking the section designation and heading and all
that follows through ``Except as'' in subsection (a)(1) and
inserting the following:
``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with,
as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of
the permit--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C.
7661)) of the discharge, considered in
conjunction with the designated and actual uses
of the impacted navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, there does not exist a reasonable
certainty of no harm to the health of the
general population, or to any potentially
exposed or susceptible subpopulation, the
permit or renewal includes such terms and
conditions as the Administrator determines to
be necessary to ensure a reasonable certainty
of no harm.''; and
(B) in paragraph (2), by striking ``assure
compliance with the requirements of paragraph (1) of
this subsection, including conditions on data and
information collection, reporting, and such other
requirements as he deems appropriate.'' and inserting
the following: ``ensure compliance with the
requirements of paragraph (1), including--
``(A) conditions relating to--
``(i) data and information collection;
``(ii) reporting; and
``(iii) such other requirements as the
Administrator determines to be appropriate; and
``(B) additional controls or pollution prevention
requirements.''; and
(3) in subsection (b)--
(A) in each of paragraphs (1)(D), (2)(B), and (3)
through (7), by striking the semicolon at the end and
inserting a period;
(B) in paragraph (8), by striking ``; and'' at the
end and inserting a period; and
(C) by adding at the end the following:
``(10) To ensure that no permit will be issued or renewed
if, with respect to an application for the permit, the State
determines, based on an analysis by the State of existing water
quality and the potential cumulative impacts (as defined in
section 501 of the Clean Air Act (42 U.S.C. 7661)) of the
discharge, considered in conjunction with the designated and
actual uses of the impacted navigable water, that the terms and
conditions of the permit or renewal would not be sufficient to
ensure a reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure, public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and socioeconomic factors, where
applicable.''.
(2) Permit programs.--Section 502(b) of the Clean Air Act
(42 U.S.C. 7661a(b)) is amended--
(A) in paragraph (5)--
(i) in subparagraphs (A) and (C), by
striking ``assure'' each place it appears and
inserting ``ensure''; and
(ii) by striking subparagraph (F) and
inserting the following:
``(F) ensure that no permit will be issued or renewed, as
applicable, if--
``(i) with respect to an application for a permit
or renewal of a permit for a major source, the
permitting authority determines under paragraph
(9)(A)(i)(II)(bb) that the terms and conditions of the
permit or renewal would not be sufficient to ensure a
reasonable certainty of no harm to the health of the
general population, or to any potentially exposed or
susceptible subpopulation, of the applicable census
tracts or Tribal census tracts (as those terms are
defined by the Director of the Bureau of the Census);
or
``(ii) the Administrator objects to the issuance of
the permit in a timely manner under this title.''; and
(B) in paragraph (9)--
(i) in the fourth sentence, by striking
``Such permit revision'' and inserting the
following:
``(iii) Treatment as renewal.--A permit
revision under this paragraph'';
(ii) in the third sentence, by striking
``No such revision shall'' and inserting the
following:
``(ii) Exception.--A revision under this
paragraph shall not'';
(iii) in the second sentence, by striking
``Such revisions'' and inserting the following:
``(B) Revision requirements.--
``(i) Deadline.--A revision described in
subparagraph (A)(ii)''; and
(iv) by striking the paragraph designation
and all that follows through ``shall require''
in the first sentence and inserting the
following:
``(9) Major sources.--
``(A) In general.--With respect to any permit or
renewal of a permit, as applicable, for a major source,
a requirement that the permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the proposed
major source, as described in the
applicable cumulative impacts analysis
submitted under section 503(b)(3);
``(II) if, due to those potential
cumulative impacts, the permitting
authority cannot determine that there
exists a reasonable certainty of no
harm to the health of the general
population, or to any potentially
exposed or susceptible subpopulation,
of any census tracts or Tribal census
tracts (as those terms are defined by
the Director of the Bureau of the
Census) located in, or immediately
adjacent to, the area in which the
major source is, or is proposed to be,
located--
``(aa) include in the
permit or renewal such terms
and conditions (including
additional controls or
pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no
harm; or
``(bb) if the permitting
authority determines that terms
and conditions described in
item (aa) would not be
sufficient to ensure a
reasonable certainty of no
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
Environmental Justice Act of 2020;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (V)(bb)--
``(aa) require the
applicant to submit a
redemption plan that
describes--
``(AA) if the
applicant is not
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(BB) measures the
applicant will carry
out, or has carried out
to ensure the applicant
will remain in
compliance with this
Act, and to mitigate
the environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the
redemption plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a
redemption plan is submitted,
determine whether the plan is
adequate to ensuring that the
applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the
redemption plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the redemption plan
submitted under subclause
(IV)(aa) is inadequate; or
``(bb)(AA) the applicant
has submitted a redemption plan
on a prior occasion, but
continues to be a persistent
violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent violations; and
``(ii) in the case of such a permit with a
term of 3 years or longer, require in
accordance with subparagraph (B).''.
(3) Permit applications.--Section 503(b) of the Clean Air
Act (42 U.S.C. 7661b(b)) is amended by adding at the end the
following:
``(3) Major source analyses.--The regulations required by
section 502(b) shall include a requirement that an applicant
for a permit or renewal of a permit for a major source shall
submit, together with the compliance plan required under this
subsection, a cumulative impacts analysis for each census tract
or Tribal census tract (as those terms are defined by the
Director of the Bureau of the Census) located in, or
immediately adjacent to, the area in which the major source is,
or is proposed to be, located that analyzes--
``(A) community demographics and locations of
community exposure points, such as schools, day care
centers, nursing homes, hospitals, health clinics,
places of religious worship, parks, playgrounds, and
community centers;
``(B) air quality and the potential effect on that
air quality of emissions of air pollutants (including
pollutants listed under section 108 or 112) from the
proposed major source, including in combination with
existing sources of pollutants;
``(C) the potential effects on soil quality and
water quality of emissions of lead and other air
pollutants that could contaminate soil or water from
the proposed major source, including in combination
with existing sources of pollutants; and
``(D) public health and any potential effects on
public health of the proposed major source.''.
SEC. 42009. IMPLIED RIGHTS OF ACTION AND COMMON LAW CLAIMS.
Section 505 of the Federal Water Pollution Control Act (33 U.S.C.
1365) is amended by adding at the end the following:
``(i) Effect on Implied Rights of Action and Common Law Claims.--
``(1) Definition of covered act.--In this subsection:
``(A) In general.--The term `covered Act' means--
``(i) this Act;
``(ii) the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136 et seq.);
``(iii) the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et
seq.);
``(iv) the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.);
``(v) the Safe Drinking Water Act (42
U.S.C. 300f et seq.);
``(vi) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
``(vii) the Clean Air Act (42 U.S.C. 7401
et seq.);
``(viii) the Comprehensive Environmental
Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.); and
``(ix) any other Act administered by the
Administrator.
``(B) Inclusions.--The term `covered Act' includes
any provision of an Act described in subparagraph (A)
the date of enactment of which is after the date of
enactment of this subsection, unless that provision is
specifically excluded from this subsection.
``(2) Effect.--Nothing in a covered Act precludes the right
to bring an action--
``(A) under section 1979 of the Revised Statutes
(42 U.S.C. 1983); or
``(B) that is implied under--
``(i) a covered Act; or
``(ii) common law.
``(3) Application.--Nothing in this section precludes the
right to bring an action under any provision of law that is not
a covered Act.''.
SEC. 42010. PRIVATE RIGHTS OF ACTION FOR DISCRIMINATORY PRACTICES.
(a) Right of Action.--Section 602 of the Civil Rights Act of 1964
(42 U.S.C. 2000d-1) is amended--
(1) by inserting ``(a)'' before ``Each Federal department
and agency which is empowered''; and
(2) by adding at the end the following:
``(b) Any person aggrieved by the failure of a covered entity to
comply with this title, including any regulation promulgated pursuant
to this title, may bring a civil action in any Federal or State court
of competent jurisdiction to enforce such person's rights under this
title.''.
(b) Effective Date.--
(1) In general.--This section, including the amendments
made by this section, takes effect on the date of enactment of
this Act.
(2) Application.--This section, including the amendments
made by this section, applies to all actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 42011. SEVERABILITY.
If any provision of this subtitle, or the application of such a
provision to any person or circumstance, is determined to be invalid,
the remainder of this subtitle and the application of the provision to
other persons or circumstances shall not be affected.
TITLE V--VOTING RIGHTS
Subtitle A--Voting Rights Advancement
SEC. 50101. SHORT TITLE.
This subtitle may be cited as the ``Voting Rights Advancement Act
of 2020''.
SEC. 50102. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN
JURISDICTION.
(a) Types of Violations.--Section 3(c) of the Voting Rights Act of
1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the
fourteenth or fifteenth amendment'' and inserting ``violations of the
14th or 15th Amendment, violations of this Act, or violations of any
Federal law that prohibits discrimination in voting on the basis of
race, color, or membership in a language minority group,''.
(b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C.
10302(a)) is amended by striking ``violations of the fourteenth or
fifteenth amendment'' and inserting ``violations of the 14th or 15th
Amendment, violations of this Act, or violations of any Federal law
that prohibits discrimination in voting on the basis of race, color, or
membership in a language minority group,''.
SEC. 50103. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS.
(a) Determination of States and Political Subdivisions Subject to
Section 4(a).--
(1) In general.--Section 4(b) of the Voting Rights Act of
1965 (52 U.S.C. 10303(b)) is amended to read as follows:
``(b) Determination of States and Political Subdivisions Subject to
Requirements.--
``(1) Existence of voting rights violations during previous
25 years.--
``(A) Statewide application.--Subsection (a)
applies with respect to a State and all political
subdivisions within the State during a calendar year
if--
``(i) fifteen or more voting rights
violations occurred in the State during the
previous 25 calendar years; or
``(ii) ten or more voting rights violations
occurred in the State during the previous 25
calendar years, at least one of which was
committed by the State itself (as opposed to a
political subdivision within the State).
``(B) Application to specific political
subdivisions.--Subsection (a) applies with respect to a
political subdivision as a separate unit during a
calendar year if three or more voting rights violations
occurred in the subdivision during the previous 25
calendar years.
``(2) Period of application.--
``(A) In general.--Except as provided in
subparagraph (B), if, pursuant to paragraph (1),
subsection (a) applies with respect to a State or
political subdivision during a calendar year,
subsection (a) shall apply with respect to such State
or political subdivision for the period--
``(i) that begins on January 1 of the year
in which subsection (a) applies; and
``(ii) that ends on the date which is 10
years after the date described in clause (i).
``(B) No further application after declaratory
judgment.--
``(i) States.--If a State obtains a
declaratory judgment under subsection (a), and
the judgment remains in effect, subsection (a)
shall no longer apply to such State pursuant to
paragraph (1)(A) unless, after the issuance of
the declaratory judgment, paragraph (1)(A)
applies to the State solely on the basis of
voting rights violations occurring after the
issuance of the declaratory judgment.
``(ii) Political subdivisions.--If a
political subdivision obtains a declaratory
judgment under subsection (a), and the judgment
remains in effect, subsection (a) shall no
longer apply to such political subdivision
pursuant to paragraph (1), including pursuant
to paragraph (1)(A) (relating to the statewide
application of subsection (a)), unless, after
the issuance of the declaratory judgment,
paragraph (1)(B) applies to the political
subdivision solely on the basis of voting
rights violations occurring after the issuance
of the declaratory judgment.
``(3) Determination of voting rights violation.--For
purposes of paragraph (1), a voting rights violation occurred
in a State or political subdivision if any of the following
applies:
``(A) Final judgment; violation of the 14th or 15th
amendment.--In a final judgment (which has not been
reversed on appeal), any court of the United States has
determined that a denial or abridgement of the right of
any citizen of the United States to vote on account of
race, color, or membership in a language minority
group, in violation of the 14th or 15th Amendment,
occurred anywhere within the State or subdivision.
``(B) Final judgment; violations of this act.--In a
final judgment (which has not been reversed on appeal),
any court of the United States has determined that a
voting qualification or prerequisite to voting or
standard, practice, or procedure with respect to voting
was imposed or applied or would have been imposed or
applied anywhere within the State or subdivision in a
manner that resulted or would have resulted in a denial
or abridgement of the right of any citizen of the
United States to vote on account of race, color, or
membership in a language minority group, in violation
of subsection (e) or (f), or section 2 or 203 of this
Act.
``(C) Final judgment; denial of declaratory
judgment.--In a final judgment (which has not been
reversed on appeal), any court of the United States has
denied the request of the State or subdivision for a
declaratory judgment under section 3(c) or section 5,
and thereby prevented a voting qualification or
prerequisite to voting or standard, practice, or
procedure with respect to voting from being enforced
anywhere within the State or subdivision.
``(D) Objection by the attorney general.--The
Attorney General has interposed an objection under
section 3(c) or section 5 (and the objection has not
been overturned by a final judgment of a court or
withdrawn by the Attorney General), and thereby
prevented a voting qualification or prerequisite to
voting or standard, practice, or procedure with respect
to voting from being enforced anywhere within the State
or subdivision.
``(E) Consent decree, settlement, or other
agreement.--A consent decree, settlement, or other
agreement was entered into, which resulted in the
alteration or abandonment of a voting practice anywhere
in the territory of such State that was challenged on
the ground that the practice denied or abridged the
right of any citizen of the United States to vote on
account of race, color, or membership in a language
minority group in violation of subsection (e) or (f),
or section 2 or 203 of this Act, or the 14th or 15th
Amendment.
``(4) Timing of determinations.--
``(A) Determinations of voting rights violations.--
As early as practicable during each calendar year, the
Attorney General shall make the determinations required
by this subsection, including updating the list of
voting rights violations occurring in each State and
political subdivision for the previous calendar year.
``(B) Effective upon publication in federal
register.--A determination or certification of the
Attorney General under this section or under section 8
or 13 shall be effective upon publication in the
Federal Register.''.
(2) Conforming amendments.--Section 4(a) of such Act (52
U.S.C. 10303(a)) is amended--
(A) in paragraph (1), in the first sentence of the
matter preceding subparagraph (A), by striking ``any
State with respect to which'' and all that follows
through ``unless'' and inserting ``any State to which
this subsection applies during a calendar year pursuant
to determinations made under subsection (b), or in any
political subdivision of such State (as such
subdivision existed on the date such determinations
were made with respect to such State), though such
determinations were not made with respect to such
subdivision as a separate unit, or in any political
subdivision with respect to which this subsection
applies during a calendar year pursuant to
determinations made with respect to such subdivision as
a separate unit under subsection (b), unless'';
(B) in paragraph (1) in the matter preceding
subparagraph (A), by striking the second sentence;
(C) in paragraph (1)(A), by striking ``(in the case
of a State or subdivision seeking a declaratory
judgment under the second sentence of this
subsection)'';
(D) in paragraph (1)(B), by striking ``(in the case
of a State or subdivision seeking a declaratory
judgment under the second sentence of this
subsection)'';
(E) in paragraph (3), by striking ``(in the case of
a State or subdivision seeking a declaratory judgment
under the second sentence of this subsection)'';
(F) in paragraph (5), by striking ``(in the case of
a State or subdivision which sought a declaratory
judgment under the second sentence of this
subsection)'';
(G) by striking paragraphs (7) and (8); and
(H) by redesignating paragraph (9) as paragraph
(7).
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended
by striking ``race or color,'' and inserting ``race, color, or in
contravention of the guarantees of subsection (f)(2),''.
SEC. 50104. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT
TO PRECLEARANCE FOR COVERED PRACTICES.
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further
amended by inserting after section 4 the following:
``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT
TO PRECLEARANCE FOR COVERED PRACTICES.
``(a) Practice-Based Preclearance.--
``(1) In general.--Each State and each political
subdivision shall--
``(A) identify any newly enacted or adopted law,
regulation, or policy that includes a voting
qualification or prerequisite to voting, or a standard,
practice, or procedure with respect to voting, that is
a covered practice described in subsection (b); and
``(B) ensure that no such covered practice is
implemented unless or until the State or political
subdivision, as the case may be, complies with
subsection (c).
``(2) Determinations of characteristics of voting-age
population.--
``(A) In general.--As early as practicable during
each calendar year, the Attorney General, in
consultation with the Director of the Bureau of the
Census and the heads of other relevant offices of the
government, shall make the determinations required by
this section regarding voting-age populations and the
characteristics of such populations, and shall publish
a list of the States and political subdivisions to
which a voting-age population characteristic described
in subsection (b) applies.
``(B) Publication in the federal register.--A
determination or certification of the Attorney General
under this paragraph shall be effective upon
publication in the Federal Register.
``(b) Covered Practices.--To assure that the right of citizens of
the United States to vote is not denied or abridged on account of race,
color, or membership in a language minority group as a result of the
implementation of certain qualifications or prerequisites to voting, or
standards, practices, or procedures with respect to voting newly
adopted in a State or political subdivision, the following shall be
covered practices subject to the requirements described in subsection
(a):
``(1) Changes to method of election.--Any change to the
method of election--
``(A) to add seats elected at-large in a State or
political subdivision where--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision; or
``(B) to convert one or more seats elected from a
single-member district to one or more at-large seats or
seats from a multi-member district in a State or
political subdivision where--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the political subdivision's voting-age
population; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision.
``(2) Changes to jurisdiction boundaries.--Any change or
series of changes within a year to the boundaries of a
jurisdiction that reduces by 3 or more percentage points the
proportion of the jurisdiction's voting-age population that is
comprised of members of a single racial group or language
minority group in a State or political subdivision where--
``(A) two or more racial groups or language
minority groups each represent 20 percent or more of
the political subdivision's voting-age population; or
``(B) a single language minority group represents
20 percent or more of the voting-age population on
Indian lands located in whole or in part in the
political subdivision.
``(3) Changes through redistricting.--Any change to the
boundaries of election districts in a State or political
subdivision where any racial group or language minority group
experiences a population increase, over the preceding decade
(as calculated by the Bureau of the Census under the most
recent decennial census), of at least--
``(A) 10,000; or
``(B) 20 percent of voting-age population of the
State or political subdivision, as the case may be.
``(4) Changes in documentation or qualifications to vote.--
Any change to requirements for documentation or proof of
identity to vote such that the requirements will exceed or be
more stringent than the requirements for voting that are
described in section 303(b) of the Help America Vote Act of
2002 (52 U.S.C. 21083(b)) or any change to the requirements for
documentation or proof of identity to register to vote that
will exceed or be more stringent than such requirements under
State law on the day before the date of enactment of the Voting
Rights Advancement Act of 2019.
``(5) Changes to multilingual voting materials.--Any change
that reduces multilingual voting materials or alters the manner
in which such materials are provided or distributed, where no
similar reduction or alteration occurs in materials provided in
English for such election.
``(6) Changes that reduce, consolidate, or relocate voting
locations, or reduce voting opportunities.--Any change that
reduces, consolidates, or relocates voting locations, including
early, absentee, and election-day voting locations, or reduces
days or hours of in person voting on any Sunday during a period
occurring prior to the date of an election during which voters
may cast ballots in such election--
``(A) in one or more census tracts wherein two or
more language minority groups or racial groups each
represent 20 percent or more of the voting-age
population of the political subdivision; or
``(B) on Indian lands wherein at least 20 percent
of the voting-age population belongs to a single
language minority group.
``(7) New list maintenance process.--Any change to the
maintenance of voter registration lists that adds a new basis
for removal from the list of active registered voters or that
puts in place a new process for removing a name from the list
of active registered voters--
``(A) in the case of a political subdivision
imposing such change if--
``(i) two or more racial groups or language
minority groups each represent 20 percent or
more of the voting-age population of the
political subdivision; or
``(ii) a single language minority group
represents 20 percent or more of the voting-age
population on Indian lands located in whole or
in part in the political subdivision; or
``(B) in the case of a State imposing such change,
if two or more racial groups or language minority
groups each represent 20 percent or more of the voting-
age population of--
``(i) the State; or
``(ii) a political subdivision in the
State, except that the requirements under
subsections (a) and (c) shall apply only with
respect to each such political subdivision.
``(c) Preclearance.--
``(1) In general.--Whenever a State or political
subdivision with respect to which the requirements set forth in
subsection (a) are in effect shall enact, adopt, or seek to
implement any covered practice described under subsection (b),
such State or subdivision may institute an action in the United
States District Court for the District of Columbia for a
declaratory judgment that such covered practice neither has the
purpose nor will have the effect of denying or abridging the
right to vote on account of race, color, or membership in a
language minority group, and unless and until the court enters
such judgment such covered practice shall not be implemented.
Notwithstanding the previous sentence, such covered practice
may be implemented without such proceeding if the covered
practice has been submitted by the chief legal officer or other
appropriate official of such State or subdivision to the
Attorney General and the Attorney General has not interposed an
objection within 60 days after such submission, or upon good
cause shown, to facilitate an expedited approval within 60 days
after such submission, the Attorney General has affirmatively
indicated that such objection will not be made. Neither an
affirmative indication by the Attorney General that no
objection will be made, nor the Attorney General's failure to
object, nor a declaratory judgment entered under this section
shall bar a subsequent action to enjoin implementation of such
covered practice. In the event the Attorney General
affirmatively indicates that no objection will be made within
the 60-day period following receipt of a submission, the
Attorney General may reserve the right to reexamine the
submission if additional information comes to the Attorney
General's attention during the remainder of the 60-day period
which would otherwise require objection in accordance with this
section. Any action under this section shall be heard and
determined by a court of three judges in accordance with the
provisions of section 2284 of title 28, United States Code, and
any appeal shall lie to the Supreme Court.
``(2) Denying or abridging the right to vote.--Any covered
practice described in subsection (b) that has the purpose of or
will have the effect of diminishing the ability of any citizens
of the United States on account of race, color, or membership
in a language minority group, to elect their preferred
candidates of choice denies or abridges the right to vote
within the meaning of paragraph (1) of this subsection.
``(3) Purpose defined.--The term `purpose' in paragraphs
(1) and (2) of this subsection shall include any discriminatory
purpose.
``(4) Purpose of paragraph (2).--The purpose of paragraph
(2) of this subsection is to protect the ability of such
citizens to elect their preferred candidates of choice.
``(d) Enforcement.--The Attorney General or any aggrieved citizen
may file an action in a Federal district court to compel any State or
political subdivision to satisfy the obligations set forth in this
section. Such actions shall be heard and determined by a court of three
judges under section 2284 of title 28, United States Code. In any such
action, the court shall provide as a remedy that any voting
qualification or prerequisite to voting, or standard, practice, or
procedure with respect to voting, that is the subject of the action
under this subsection be enjoined unless the court determines that--
``(1) the voting qualification or prerequisite to voting,
or standard, practice, or procedure with respect to voting, is
not a covered practice described in subsection (b); or
``(2) the State or political subdivision has complied with
subsection (c) with respect to the covered practice at issue.
``(e) Counting of Racial Groups and Language Minority Groups.--For
purposes of this section, the calculation of the population of a racial
group or a language minority group shall be carried out using the
methodology in the guidance promulgated in the Federal Register on
February 9, 2011 (76 Fed. Reg. 7470).
``(f) Special Rule.--For purposes of determinations under this
section, any data provided by the Bureau of the Census, whether based
on estimation from sample or actual enumeration, shall not be subject
to challenge or review in any court.
``(g) Multilingual Voting Materials.--In this section, the term
`multilingual voting materials' means registration or voting notices,
forms, instructions, assistance, or other materials or information
relating to the electoral process, including ballots, provided in the
language or languages of one or more language minority groups.''.
SEC. 50105. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT.
(a) Transparency.--
(1) In general.--The Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.) is amended by inserting after section 5 the
following new section:
``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS.
``(a) Notice of Enacted Changes.--
``(1) Notice of changes.--If a State or political
subdivision makes any change in any prerequisite to voting or
standard, practice, or procedure with respect to voting in any
election for Federal office that will result in the
prerequisite, standard, practice, or procedure being different
from that which was in effect as of 180 days before the date of
the election for Federal office, the State or political
subdivision shall provide reasonable public notice in such
State or political subdivision and on the Internet, of a
concise description of the change, including the difference
between the changed prerequisite, standard, practice, or
procedure and the prerequisite, standard, practice, or
procedure which was previously in effect. The public notice
described in this paragraph, in such State or political
subdivision and on the Internet, shall be in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters who have low vision or are
blind.
``(2) Deadline for notice.--A State or political
subdivision shall provide the public notice required under
paragraph (1) not later than 48 hours after making the change
involved.
``(b) Transparency Regarding Polling Place Resources.--
``(1) In general.--In order to identify any changes that
may impact the right to vote of any person, prior to the 30th
day before the date of an election for Federal office, each
State or political subdivision with responsibility for
allocating registered voters, voting machines, and official
poll workers to particular precincts and polling places shall
provide reasonable public notice in such State or political
subdivision and on the Internet, of the information described
in paragraph (2) for precincts and polling places within such
State or political subdivision. The public notice described in
this paragraph, in such State or political subdivision and on
the Internet, shall be in a format that is reasonably
convenient and accessible to voters with disabilities including
voters who have low vision or are blind.
``(2) Information described.--The information described in
this paragraph with respect to a precinct or polling place is
each of the following:
``(A) The name or number.
``(B) In the case of a polling place, the location,
including the street address, and whether such polling
place is accessible to persons with disabilities.
``(C) The voting-age population of the area served
by the precinct or polling place, broken down by
demographic group if such breakdown is reasonably
available to such State or political subdivision.
``(D) The number of registered voters assigned to
the precinct or polling place, broken down by
demographic group if such breakdown is reasonably
available to such State or political subdivision.
``(E) The number of voting machines assigned,
including the number of voting machines accessible to
voters with disabilities, including voters who have low
vision or are blind.
``(F) The number of official paid poll workers
assigned.
``(G) The number of official volunteer poll workers
assigned.
``(H) In the case of a polling place, the dates and
hours of operation.
``(3) Updates in information reported.--If a State or
political subdivision makes any change in any of the
information described in paragraph (2), the State or political
subdivision shall provide reasonable public notice in such
State or political subdivision and on the Internet, of the
change in the information not later than 48 hours after the
change occurs or, if the change occurs fewer than 48 hours
before the date of the election for Federal office, as soon as
practicable after the change occurs. The public notice
described in this paragraph in such State or political
subdivision and on the Internet shall be in a format that is
reasonably convenient and accessible to voters with
disabilities including voters who have low vision or are blind.
``(c) Transparency of Changes Relating to Demographics and
Electoral Districts.--
``(1) Requiring public notice of changes.--Not later than
10 days after making any change in the constituency that will
participate in an election for Federal, State, or local office
or the boundaries of a voting unit or electoral district in an
election for Federal, State, or local office (including through
redistricting, reapportionment, changing from at-large
elections to district-based elections, or changing from
district-based elections to at-large elections), a State or
political subdivision shall provide reasonable public notice in
such State or political subdivision and on the Internet, of the
demographic and electoral data described in paragraph (3) for
each of the geographic areas described in paragraph (2).
``(2) Geographic areas described.--The geographic areas
described in this paragraph are as follows:
``(A) The State as a whole, if the change applies
statewide, or the political subdivision as a whole, if
the change applies across the entire political
subdivision.
``(B) If the change includes a plan to replace or
eliminate voting units or electoral districts, each
voting unit or electoral district that will be replaced
or eliminated.
``(C) If the change includes a plan to establish
new voting units or electoral districts, each such new
voting unit or electoral district.
``(3) Demographic and electoral data.--The demographic and
electoral data described in this paragraph with respect to a
geographic area described in paragraph (2) are each of the
following:
``(A) The voting-age population, broken down by
demographic group.
``(B) If it is reasonably available to the State or
political subdivision involved, an estimate of the
population of the area which consists of citizens of
the United States who are 18 years of age or older,
broken down by demographic group.
``(C) The number of registered voters, broken down
by demographic group if such breakdown is reasonably
available to the State or political subdivision
involved.
``(D)(i) If the change applies to a State, the
actual number of votes, or (if it is not reasonably
practicable for the State to ascertain the actual
number of votes) the estimated number of votes received
by each candidate in each statewide election held
during the 5-year period which ends on the date the
change involved is made; and
``(ii) if the change applies to only one political
subdivision, the actual number of votes, or (if it is
not reasonably practicable for the political
subdivision to ascertain the actual number of votes) in
each subdivision-wide election held during the 5-year
period which ends on the date the change involved is
made.
``(4) Voluntary compliance by smaller jurisdictions.--
Compliance with this subsection shall be voluntary for a
political subdivision of a State unless the subdivision is one
of the following:
``(A) A county or parish.
``(B) A municipality with a population greater than
10,000, as determined by the Bureau of the Census under
the most recent decennial census.
``(C) A school district with a population greater
than 10,000, as determined by the Bureau of the Census
under the most recent decennial census. For purposes of
this subparagraph, the term `school district' means the
geographic area under the jurisdiction of a local
educational agency (as defined in section 9101 of the
Elementary and Secondary Education Act of 1965).
``(d) Rules Regarding Format of Information.--The Attorney General
may issue rules specifying a reasonably convenient and accessible
format that States and political subdivisions shall use to provide
public notice of information under this section.
``(e) No Denial of Right To Vote.--The right to vote of any person
shall not be denied or abridged because the person failed to comply
with any change made by a State or political subdivision to a voting
qualification, standard, practice, or procedure if the State or
political subdivision involved did not meet the applicable requirements
of this section with respect to the change.
``(f) Definitions.--In this section--
``(1) the term `demographic group' means each group which
section 2 protects from the denial or abridgement of the right
to vote on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2);
``(2) the term `election for Federal office' means any
general, special, primary, or runoff election held solely or in
part for the purpose of electing any candidate for the office
of President, Vice President, Presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress; and
``(3) the term `persons with disabilities', means
individuals with a disability, as defined in section 3 of the
Americans with Disabilities Act of 1990.''.
(2) Conforming amendment.--Section 3(a) of such Act (52
U.S.C. 10302(a)) is amended by striking ``in accordance with
section 6''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
apply with respect to changes which are made on or after the expiration
of the 60-day period which begins on the date of the enactment of this
Act.
SEC. 50106. AUTHORITY TO ASSIGN OBSERVERS.
(a) Clarification of Authority in Political Subdivisions Subject to
Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52
U.S.C. 10305(a)(2)(B)) is amended to read as follows:
``(B) in the Attorney General's judgment, the
assignment of observers is otherwise necessary to
enforce the guarantees of the 14th or 15th Amendment or
any provision of this Act or any other Federal law
protecting the right of citizens of the United States
to vote; or''.
(b) Assignment of Observers To Enforce Bilingual Election
Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by inserting after paragraph (2) the following:
``(3) the Attorney General certifies with respect to a
political subdivision that--
``(A) the Attorney General has received written
meritorious complaints from residents, elected
officials, or civic participation organizations that
efforts to violate section 203 are likely to occur; or
``(B) in the Attorney General's judgment, the
assignment of observers is necessary to enforce the
guarantees of section 203;''; and
(3) by moving the margin for the continuation text
following paragraph (3), as added by paragraph (2) of this
subsection, 2 ems to the left.
SEC. 50107. PRELIMINARY INJUNCTIVE RELIEF.
(a) Clarification of Scope and Persons Authorized To Seek Relief.--
Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is
amended--
(1) by striking ``section 2, 3, 4, 5, 7, 10, 11, or
subsection (b) of this section'' and inserting ``the 14th or
15th Amendment, this Act, or any Federal voting rights law that
prohibits discrimination on the basis of race, color, or
membership in a language minority group''; and
(2) by striking ``the Attorney General may institute for
the United States, or in the name of the United States,'' and
inserting ``the aggrieved person or (in the name of the United
States) the Attorney General may institute''.
(b) Grounds for Granting Relief.--Section 12(d) of such Act (52
U.S.C. 10308(d)) is amended--
(1) by striking ``(d) Whenever any person'' and inserting
``(d)(1) Whenever any person'';
(2) by striking ``(1) to permit'' and inserting ``(A) to
permit'';
(3) by striking ``(2) to count'' and inserting ``(B) to
count''; and
(4) by adding at the end the following new paragraph:
``(2)(A) In any action for preliminary relief described in this
subsection, the court shall grant the relief if the court determines
that the complainant has raised a serious question whether the
challenged voting qualification or prerequisite to voting or standard,
practice, or procedure violates this Act or the Constitution and, on
balance, the hardship imposed upon the defendant by the grant of the
relief will be less than the hardship which would be imposed upon the
plaintiff if the relief were not granted. In balancing the harms, the
court shall give due weight to the fundamental right to cast an
effective ballot.
``(B) In making its determination under this paragraph with respect
to a change in any voting qualification, prerequisite to voting, or
standard, practice, or procedure with respect to voting, the court
shall consider all relevant factors and give due weight to the
following factors, if they are present:
``(i) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change was
adopted as a remedy for a Federal court judgment, consent
decree, or admission regarding--
``(I) discrimination on the basis of race or color
in violation of the 14th or 15th Amendment;
``(II) a violation of this Act; or
``(III) voting discrimination on the basis of race,
color, or membership in a language minority group in
violation of any other Federal or State law.
``(ii) Whether the qualification, prerequisite, standard,
practice, or procedure in effect prior to the change served as
a ground for the dismissal or settlement of a claim alleging--
``(I) discrimination on the basis of race or color
in violation of the 14th or 15th Amendment;
``(II) a violation of this Act; or
``(III) voting discrimination on the basis of race,
color, or membership in a language minority group in
violation of any other Federal or State law.
``(iii) Whether the change was adopted fewer than 180 days
before the date of the election with respect to which the
change is to take effect.
``(iv) Whether the defendant has failed to provide timely
or complete notice of the adoption of the change as required by
applicable Federal or State law.''.
(c) Grounds for Stay or Interlocutory Appeal.--Section 12(d) of
such Act (52 U.S.C. 10308(d)) is further amended by adding at the end
the following:
``(3) A jurisdiction's inability to enforce its voting or election
laws, regulations, policies, or redistricting plans, standing alone,
shall not be deemed to constitute irreparable harm to the public
interest or to the interests of a defendant in an action arising under
the U.S. Constitution or any Federal law that prohibits discrimination
on the basis of race, color, or membership in a language minority group
in the voting process, for the purposes of determining whether a stay
of a court's order or an interlocutory appeal under section 1253 of
title 28, United States Code, is warranted.''.
SEC. 50108. DEFINITIONS.
Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is
amended by adding at the end the following:
``SEC. 21. DEFINITIONS.
``In this Act:
``(1) Indian.--The term `Indian' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act.
``(2) Indian lands.--The term `Indian lands' means--
``(A) any Indian country of an Indian tribe, as
such term is defined in section 1151 of title 18,
United States Code;
``(B) any land in Alaska that is owned, pursuant to
the Alaska Native Claims Settlement Act, by an Indian
tribe that is a Native village (as such term is defined
in section 3 of such Act), or by a Village Corporation
that is associated with the Indian tribe (as such term
is defined in section 3 of such Act);
``(C) any land on which the seat of government of
the Indian tribe is located; and
``(D) any land that is part or all of a tribal
designated statistical area associated with the Indian
tribe, or is part or all of an Alaska Native village
statistical area associated with the tribe, as defined
by the Bureau of the Census for the purposes of the
most recent decennial census.
``(3) Indian tribe.--The term `Indian tribe' or `tribe' has
the meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act.
``(4) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``(5) Voting-age population.--The term `voting-age
population' means the numerical size of the population within a
State, within a political subdivision, or within a political
subdivision that contains Indian lands, as the case may be,
that consists of persons age 18 or older, as calculated by the
Bureau of the Census under the most recent decennial census.''.
SEC. 50109. ATTORNEYS' FEES.
Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c))
is amended by adding at the end the following:
``(4) The term `prevailing party' means a party to an action that
receives at least some of the benefit sought by such action, states a
colorable claim, and can establish that the action was a significant
cause of a change to the status quo.''.
SEC. 50110. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Actions Covered Under Section 3.--Section 3(c) of the Voting
Rights Act of 1965 (52 U.S.C. 10302(c)) is amended--
(1) by striking ``any proceeding instituted by the Attorney
General or an aggrieved person under any statute to enforce''
and inserting ``any action under any statute in which a party
(including the Attorney General) seeks to enforce''; and
(2) by striking ``at the time the proceeding was
commenced'' and inserting ``at the time the action was
commenced''.
(b) Clarification of Treatment of Members of Language Minority
Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended--
(1) in paragraph (1), by striking the second sentence; and
(2) by striking paragraphs (3) and (4).
(c) Period During Which Changes in Voting Practices Are Subject to
Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304)
is amended--
(1) in subsection (a), by striking ``based upon
determinations made under the first sentence of section 4(b)
are in effect'' and inserting ``are in effect during a calendar
year'';
(2) in subsection (a), by striking ``November 1, 1964'' and
all that follows through ``November 1, 1972'' and inserting
``the applicable date of coverage''; and
(3) by adding at the end the following new subsection:
``(e) The term `applicable date of coverage' means, with respect to
a State or political subdivision--
``(1) June 25, 2013, if the most recent determination for
such State or subdivision under section 4(b) was made on or
before December 31, 2019; or
``(2) the date on which the most recent determination for
such State or subdivision under section 4(b) was made, if such
determination was made after December 31, 2019.''.
Subtitle B--Voter Empowerment
SEC. 50200. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This subtitle may be cited as the ``Voter
Empowerment Act of 2020''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) all eligible citizens of the United States should
access and exercise their constitutional right to vote in a
free, fair, and timely manner; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.
PART 1--VOTER REGISTRATION MODERNIZATION
SEC. 50201. SHORT TITLE.
This part may be cited as the ``Voter Registration Modernization
Act of 2020''.
Subpart A--Promoting Internet Registration
SEC. 50211. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(1) Availability of online registration.--Each State,
acting through the chief State election official, shall ensure
that the following services are available to the public at any
time on the official public websites of the appropriate State
and local election officials in the State, in the same manner
and subject to the same terms and conditions as the services
provided by voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying
to register to vote.
``(C) Online completion and submission by
applicants of the mail voter registration application
form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2), including assistance with
providing a signature as required under subsection (c).
``(D) Online receipt of completed voter
registration applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in the
case of applications submitted during or after the second year
in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do
not apply, the individual executes a computerized mark
in the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature
at the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraph (A) and subparagraph (B),
ensure that the individual is registered to vote in the
State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission
of a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the application.
``(2) Notice of disposition.--As soon as the appropriate
State or local election official has approved or rejected an
application submitted by an individual under this section, the
official shall send the individual a notice of the disposition
of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail, and, in the case of an
individual who has requested that the State provide voter
registration and voting information through electronic mail, by
both electronic mail and regular mail.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(h) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 30 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 50212. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--As soon as
the appropriate State or local election
official has accepted or rejected updated
information submitted by an individual under
this paragraph, the official shall send the
individual a notice of the disposition of the
update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail, and, in the case
of an individual who has requested that the
State provide voter registration and voting
information through electronic mail, by both
electronic mail and regular mail.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is
amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
statewide voter registration list using such online method,''.
SEC. 50213. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
Email Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52 U.S.C.
20508) is amended by adding at the end the following new
subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter Registration
Act of 1993), the appropriate State or local election official,
through electronic mail transmitted not later than 7 days
before the date of the election involved, shall provide the
individual with information on how to obtain the following
information by electronic means:
``(A) The name and address of the polling place at
which the individual is assigned to vote in the
election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present
at the polling place.''.
SEC. 50214. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY
INFORMATION TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has accurately completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 50215. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subpart (other than the amendments made by
section 50214) shall take effect January 1, 2022.
(b) Waiver.--Subject to the approval of the Election Assistance
Commission, if a State certifies to the Election Assistance Commission
that the State will not meet the deadline referred to in subsection (a)
because of extraordinary circumstances and includes in the
certification the reasons for the failure to meet the deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2020'' were a reference to ``January 1,
2024''.
Subpart B--Automatic Voter Registration
SEC. 50216. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This subpart may be cited as the ``Automatic
Voter Registration Act of 2020''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of
citizens of the United States;
(B) it is the responsibility of the State and
Federal governments to ensure that every eligible
citizen is registered to vote;
(C) existing voter registration systems can be
inaccurate, costly, inaccessible and confusing, with
damaging effects on voter participation in elections
and disproportionate impacts on young people, persons
with disabilities, and racial and ethnic minorities;
and
(D) voter registration systems must be updated with
21st century technologies and procedures to maintain
their security.
(2) Purpose.--It is the purpose of this subpart--
(A) to establish that it is the responsibility of
government at every level to ensure that all eligible
citizens are registered to vote;
(B) to enable the State and Federal governments to
register all eligible citizens to vote with accurate,
cost-efficient, and up-to-date procedures;
(C) to modernize voter registration and list
maintenance procedures with electronic and Internet
capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process
for all eligible citizens.
SEC. 50217. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Requiring States To Establish and Operate Automatic
Registration System.--
(1) In general.--The chief State election official of each
State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this part.
(2) Definition.--The term ``automatic registration'' means
a system that registers an individual to vote in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so that,
unless the individual affirmatively declines to be registered,
the individual will be registered to vote in such elections.
(b) Registration of Voters Based on New Agency Records.--The chief
State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual pursuant
to section 50218, ensure that the individual is registered to
vote in elections for Federal office in the State if the
individual is eligible to be registered to vote in such
elections; and
(2) send written notice to the individual, in addition to
other means of notice established by this subpart, of the
individual's voter registration status.
(c) One-Time Registration of Voters Based on Existing Contributing
Agency Records.--The chief State election official shall--
(1) identify all individuals whose information is
transmitted by a contributing agency pursuant to section 50219
and who are eligible to be, but are not currently, registered
to vote in that State;
(2) promptly send each such individual written notice, in
addition to other means of notice established by this subpart,
which shall not identify the contributing agency that
transmitted the information but shall include--
(A) an explanation that voter registration is
voluntary, but if the individual does not decline
registration, the individual will be registered to
vote;
(B) a statement offering the opportunity to decline
voter registration through means consistent with the
requirements of this subpart;
(C) in the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, a
statement offering the individual the opportunity to
affiliate or enroll with a political party or to
decline to affiliate or enroll with a political party,
through means consistent with the requirements of this
subpart;
(D) the substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and a statement that the individual
should decline to register if the individual does not
meet all those qualifications;
(E) instructions for correcting any erroneous
information; and
(F) instructions for providing any additional
information which is listed in the mail voter
registration application form for elections for Federal
office prescribed pursuant to section 9 of the National
Voter Registration Act of 1993;
(3) ensure that each such individual who is eligible to
register to vote in elections for Federal office in the State
is promptly registered to vote not later than 45 days after the
official sends the individual the written notice under
paragraph (2), unless, during the 30-day period which begins on
the date the election official sends the individual such
written notice, the individual declines registration in
writing, through a communication made over the Internet, or by
an officially logged telephone communication; and
(4) send written notice to each such individual, in
addition to other means of notice established by this subpart,
of the individual's voter registration status.
(d) Treatment of Individuals Under 18 Years of Age.--A State may
not refuse to treat an individual as an eligible individual for
purposes of this part on the grounds that the individual is less than
18 years of age at the time a contributing agency receives information
with respect to the individual, so long as the individual is at least
16 years of age at such time.
(e) Contributing Agency Defined.--In this part, the term
``contributing agency'' means, with respect to a State, an agency
listed in section 50218(e).
SEC. 50218. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.
(a) In General.--In accordance with this part, each contributing
agency in a State shall assist the State's chief election official in
registering to vote all eligible individuals served by that agency.
(b) Requirements for Contributing Agencies.--
(1) Instructions on automatic registration.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, or, in the case
of an institution of higher education, with each registration
of a student for enrollment in a course of study, each
contributing agency that (in the normal course of its
operations) requests individuals to affirm United States
citizenship (either directly or as part of the overall
application for service or assistance) shall inform each such
individual who is a citizen of the United States of the
following:
(A) Unless that individual declines to register to
vote, or is found ineligible to vote, the individual
will be registered to vote or, if applicable, the
individual's registration will be updated.
(B) The substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and the individual should decline to
register if the individual does not meet all those
qualifications.
(C) In the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, the
requirement that the individual must affiliate or
enroll with a political party in order to participate
in such an election.
(D) Voter registration is voluntary, and neither
registering nor declining to register to vote will in
any way affect the availability of services or
benefits, nor be used for other purposes.
(2) Opportunity to decline registration required.--Each
contributing agency shall ensure that each application for
service or assistance, and each related recertification,
renewal, or change of address, or, in the case of an
institution of higher education, each registration of a student
for enrollment in a course of study, cannot be completed until
the individual is given the opportunity to decline to be
registered to vote.
(3) Information transmittal.--Upon the expiration of the
30-day period which begins on the date the contributing agency
informs the individual of the information described in
paragraph (1), each contributing agency shall electronically
transmit to the appropriate State election official, in a
format compatible with the statewide voter database maintained
under section 303 of the Help America Vote Act of 2002 (52
U.S.C. 21083), the following information, unless during such
30-day period the individual declined to be registered to vote:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a
citizen of the United States.
(E) The date on which information pertaining to
that individual was collected or last updated.
(F) If available, the individual's signature in
electronic form.
(G) Information regarding the individual's
affiliation or enrollment with a political party, if
the individual provides such information.
(H) Any additional information listed in the mail
voter registration application form for elections for
Federal office prescribed pursuant to section 9 of the
National Voter Registration Act of 1993, including any
valid driver's license number or the last 4 digits of
the individual's social security number, if the
individual provided such information.
(c) Alternate Procedure for Certain Contributing Agencies.--With
each application for service or assistance, and with each related
recertification, renewal, or change of address, or in the case of an
institution of higher education, with each registration of a student
for enrollment in a course of study, any contributing agency that in
the normal course of its operations does not request individuals
applying for service or assistance to affirm United States citizenship
(either directly or as part of the overall application for service or
assistance) shall--
(1) complete the requirements of section 7(a)(6) of the
National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(2) ensure that each applicant's transaction with the
agency cannot be completed until the applicant has indicated
whether the applicant wishes to register to vote or declines to
register to vote in elections for Federal office held in the
State; and
(3) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (b)(3).
(d) Required Availability of Automatic Registration Opportunity
With Each Application for Service or Assistance.--Each contributing
agency shall offer each individual, with each application for service
or assistance, and with each related recertification, renewal, or
change of address, or in the case of an institution of higher
education, with each registration of a student for enrollment in a
course of study, the opportunity to register to vote as prescribed by
this section without regard to whether the individual previously
declined a registration opportunity.
(e) Contributing Agencies.--
(1) State agencies.--In each State, each of the following
agencies shall be treated as a contributing agency:
(A) Each agency in a State that is required by
Federal law to provide voter registration services,
including the State motor vehicle authority and other
voter registration agencies under the National Voter
Registration Act of 1993.
(B) Each agency in a State that administers a
program pursuant to title III of the Social Security
Act (42 U.S.C. 501 et seq.), title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), or the Patient
Protection and Affordable Care Act (Public Law 111-
148).
(C) Each State agency primarily responsible for
regulating the private possession of firearms.
(D) Each State agency primarily responsible for
maintaining identifying information for students
enrolled at public secondary schools, including, where
applicable, the State agency responsible for
maintaining the education data system described in
section 6201(e)(2) of the America COMPETES Act (20
U.S.C. 9871(e)(2)).
(E) In the case of a State in which an individual
disenfranchised by a criminal conviction may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the State agency responsible for administering
that sentence, or part thereof, or that restoration of
rights.
(F) Any other agency of the State which is
designated by the State as a contributing agency.
(2) Federal agencies.--In each State, each of the following
agencies of the Federal Government shall be treated as a
contributing agency with respect to individuals who are
residents of that State (except as provided in subparagraph
(C)):
(A) The Social Security Administration, the
Department of Veterans Affairs, the Defense Manpower
Data Center of the Department of Defense, the Employee
and Training Administration of the Department of Labor,
and the Center for Medicare & Medicaid Services of the
Department of Health and Human Services.
(B) The Bureau of Citizenship and Immigration
Services, but only with respect to individuals who have
completed the naturalization process.
(C) In the case of an individual who is a resident
of a State in which an individual disenfranchised by a
criminal conviction under Federal law may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the Federal agency responsible for
administering that sentence or part thereof (without
regard to whether the agency is located in the same
State in which the individual is a resident), but only
with respect to individuals who have completed the
criminal sentence or any part thereof.
(D) Any other agency of the Federal Government
which the State designates as a contributing agency,
but only if the State and the head of the agency
determine that the agency collects information
sufficient to carry out the responsibilities of a
contributing agency under this section.
(3) Institutions of higher education.--Each institution of
higher education that receives Federal funds shall be treated
as a contributing agency in the State in which it is located,
but only with respect to students of the institution (including
students who attend classes online) who reside in the State. An
institution of higher education described in the previous
sentence shall be exempt from the voter registration
requirements of section 487(a)(23) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(23)) if the institution is in
compliance with the applicable requirements of this part.
(4) Publication.--Not later than 180 days prior to the date
of each election for Federal office held in the State, the
chief State election official shall publish on the public
website of the official an updated list of all contributing
agencies in that State.
(5) Public education.--The chief State election official of
each State, in collaboration with each contributing agency,
shall take appropriate measures to educate the public about
voter registration under this section.
SEC. 50219. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF
ELIGIBLE VOTERS IN EXISTING RECORDS.
(a) Initial Transmittal of Information.--For each individual
already listed in a contributing agency's records as of the date of
enactment of this Act, and for whom the agency has the information
listed in section 50218(b)(3), the agency shall promptly transmit that
information to the appropriate State election official in accordance
with section 50218(b)(3) not later than the effective date described in
section 50216(a).
(b) Transition.--For each individual listed in a contributing
agency's records as of the effective date described in section 50216(a)
(but who was not listed in a contributing agency's records as of the
date of enactment of this Act), and for whom the agency has the
information listed in section 50218(b)(3), the Agency shall promptly
transmit that information to the appropriate State election official in
accordance with section 50218(b)(3) not later than 6 months after the
effective date described in section 50216(a).
SEC. 50220. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual shall
not be prosecuted under any Federal law, adversely affected in any
civil adjudication concerning immigration status or naturalization, or
subject to an allegation in any legal proceeding that the individual is
not a citizen of the United States on any of the following grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote under this part.
(2) The individual is not eligible to vote in elections for
Federal office but was automatically registered to vote under
this part.
(3) The individual was automatically registered to vote
under this part at an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration, under this part.
(b) Limits on Use of Automatic Registration.--The automatic
registration of any individual or the fact that an individual declined
the opportunity to register to vote or did not make an affirmation of
citizenship (including through automatic registration) under this part
may not be used as evidence against that individual in any State or
Federal law enforcement proceeding, and an individual's lack of
knowledge or willfulness of such registration may be demonstrated by
the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in subsections (a)
or (b) may be construed to prohibit or restrict any action under color
of law against an individual who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Contributing Agencies' Protection of Information.--Nothing in
this part authorizes a contributing agency to collect, retain,
transmit, or publicly disclose any of the following:
(1) An individual's decision to decline to register to vote
or not to register to vote.
(2) An individual's decision not to affirm his or her
citizenship.
(3) Any information that a contributing agency transmits
pursuant to section 50218(b)(3), except in pursuing the
agency's ordinary course of business.
(e) Election Officials' Protection of Information.--
(1) Public disclosure prohibited.--
(A) In general.--Subject to subparagraph (B), with
respect to any individual for whom any State election
official receives information from a contributing
agency, the State election officials shall not publicly
disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(vii) The individual's telephone number.
(viii) The individual's email address.
(B) Special rule for individuals registered to
vote.--With respect to any individual for whom any
State election official receives information from a
contributing agency and who, on the basis of such
information, is registered to vote in the State under
this part, the State election officials shall not
publicly disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(2) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
and, where available, photocopying at a reasonable cost, all
records of changes to voter records, including removals and
updates.
(3) Database management standards.--The Director of the
National Institute of Standards and Technology shall, after
providing the public with notice and the opportunity to
comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
and
(C) publish the standards developed pursuant to
this paragraph on the Director's website and make those
standards available in written form upon request.
(4) Security policy.--The Director of the National
Institute of Standards and Technology shall, after providing
the public with notice and the opportunity to comment, publish
privacy and security standards for voter registration
information. The standards shall require the chief State
election official of each State to adopt a policy that shall
specify--
(A) each class of users who shall have authorized
access to the computerized statewide voter registration
list, specifying for each class the permission and
levels of access to be granted, and setting forth other
safeguards to protect the privacy, security, and
accuracy of the information on the list; and
(B) security safeguards to protect personal
information transmitted through the information
transmittal processes of section 50218 or section
50219, the online system used pursuant to section
50222, any telephone interface, the maintenance of the
voter registration database, and any audit procedure to
track access to the system.
(5) State compliance with national standards.--
(A) Certification.--The chief executive officer of
the State shall annually file with the Election
Assistance Commission a statement certifying to the
Director of the National Institute of Standards and
Technology that the State is in compliance with the
standards referred to in paragraphs (4) and (5). A
State may meet the requirement of the previous sentence
by filing with the Commission a statement which reads
as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs
(4) and (5) of section 115(e) of the Automatic Voter
Registration Act of 2020.'' (with the blank to be
filled in with the name of the State involved).
(B) Publication of policies and procedures.--The
chief State election official of a State shall publish
on the official's website the policies and procedures
established under this section, and shall make those
policies and procedures available in written form upon
public request.
(C) Funding dependent on certification.--If a State
does not timely file the certification required under
this paragraph, it shall not receive any payment under
this part for the upcoming fiscal year.
(D) Compliance of states that require changes to
state law.--In the case of a State that requires State
legislation to carry out an activity covered by any
certification submitted under this paragraph, for a
period of not more than 2 years the State shall be
permitted to make the certification notwithstanding
that the legislation has not been enacted at the time
the certification is submitted, and such State shall
submit an additional certification once such
legislation is enacted.
(f) Restrictions on Use of Information.--No person acting under
color of law may discriminate against any individual based on, or use
for any purpose other than voter registration, election administration,
or enforcement relating to election crimes, any of the following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 50218(b).
(3) An individual's voter registration status.
(g) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under this part shall not
be used for commercial purposes. Nothing in this subsection may be
construed to prohibit the transmission, exchange, or dissemination of
information for political purposes, including the support of campaigns
for election for Federal, State, or local public office or the
activities of political committees (including committees of political
parties) under the Federal Election Campaign Act of 1971.
SEC. 50221. REGISTRATION PORTABILITY AND CORRECTION.
(a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52
U.S.C. 21082(a)), if an individual is registered to vote in elections
for Federal office held in a State, the appropriate election official
at the polling pace for any such election (including a location used as
a polling place on a date other than the date of the election) shall
permit the individual to--
(1) update the individual's address for purposes of the
records of the election official;
(2) correct any incorrect information relating to the
individual, including the individual's name and political party
affiliation, in the records of the election official; and
(3) cast a ballot in the election on the basis of the
updated address or corrected information, and to have the
ballot treated as a regular ballot and not as a provisional
ballot under section 302(a) of such Act.
(b) Updates to Computerized Statewide Voter Registration Lists.--If
an election official at the polling place receives an updated address
or corrected information from an individual under subsection (a), the
official shall ensure that the address or information is promptly
entered into the computerized statewide voter registration list in
accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act
of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
SEC. 50222. PAYMENTS AND GRANTS.
(a) In General.--The Election Assistance Commission shall make
grants to each eligible State to assist the State in implementing the
requirements of this part (or, in the case of an exempt State, in
implementing its existing automatic voter registration program).
(b) Eligibility; Application.--A State is eligible to receive a
grant under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine
the amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities which are most likely
to accelerate compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the ability
of the State to automatically register individuals to vote through its
existing automatic voter registration program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between contributing agencies and the appropriate State
election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously exist;
and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2022; and
(B) such sums as may be necessary for each
succeeding fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection shall
remain available without fiscal year limitation until expended.
SEC. 50223. TREATMENT OF EXEMPT STATES.
(a) Waiver of Requirements.--Except as provided in subsection (b),
this part does not apply with respect to an exempt State.
(b) Exceptions.--The following provisions of this part apply with
respect to an exempt State:
(1) Section 503116 (relating to registration portability
and correction).
(2) Section 503117 (relating to payments and grants).
(3) Section 503119(e) (relating to enforcement).
(4) Section 503119(f) (relating to relation to other laws).
SEC. 50224. MISCELLANEOUS PROVISIONS.
(a) Accessibility of Registration Services.--Each contributing
agency shall ensure that the services it provides under this part are
made available to individuals with disabilities to the same extent as
services are made available to all other individuals.
(b) Transmission Through Secure Third Party Permitted.--Nothing in
this part shall be construed to prevent a contributing agency from
contracting with a third party to assist the agency in meeting the
information transmittal requirements of this part, so long as the data
transmittal complies with the applicable requirements of this part,
including the privacy and security provisions of section 50220.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--The
services made available by contributing agencies under this part and by
the State under sections 5031006 and 5031007 shall be made in a manner
consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
(d) Notices.--Each State may send notices under this part via
electronic mail if the individual has provided an electronic mail
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this part that require
a response must offer the individual notified the opportunity to
respond at no cost to the individual.
(e) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
this part in the same manner as such section applies to such Act.
(f) Relation to Other Laws.--Except as provided, nothing in this
part may be construed to authorize or require conduct prohibited under,
or to supersede, restrict, or limit the application of any of the
following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
SEC. 50225. DEFINITIONS.
In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``exempt State'' means a State which, under
law which is in effect continuously on and after the date of
the enactment of this Act, operates an automatic voter
registration program under which an individual is automatically
registered to vote in elections for Federal office in the State
if the individual provides the motor vehicle authority of the
State with such identifying information as the State may
require.
(4) The term ``State'' means each of the several States and
the District of Columbia.
SEC. 50226. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part
and the amendments made by this part shall apply with respect to a
State beginning January 1, 2023.
(b) Waiver.--Subject to the approval of the Commission, if a State
certifies to the Commission that the State will not meet the deadline
referred to in subsection (a) because of extraordinary circumstances
and includes in the certification the reasons for the failure to meet
the deadline, subsection (a) shall apply to the State as if the
reference in such subsection to ``January 1, 2021'' were a reference to
``January 1, 2025''.
Subpart C--Conditions on Removal on Basis of Interstate Cross-Checks
SEC. 50227. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF
ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS.
(a) Minimum Information Required for Removal Under Cross-Check.--
Section 8(c)(2) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(c)(2)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) To the extent that the program carried out by a State under
subparagraph (A) to systematically remove the names of ineligible
voters from the official lists of eligible voters uses information
obtained in an interstate cross-check, the State may not remove the
name of the voter from such a list unless--
``(i) the State obtained the voter's full name (including
the voter's middle name, if any) and date of birth, and the
last 4 digits of the voter's social security number, in the
interstate cross-check; or
``(ii) the State obtained documentation from the ERIC
system that the voter is no longer a resident of the State.
``(C) In this paragraph--
``(i) the term `interstate cross-check' means the
transmission of information from an election official in one
State to an election official of another State; and
``(ii) the term `ERIC system' means the system operated by
the Electronic Registration Information Center to share voter
registration information and voter identification information
among participating States.''.
(b) Requiring Completion of Cross-Checks Not Later Than 6 Months
Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52
U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days''
and inserting the following: ``not later than 90 days (or, in the case
of a program in which the State uses interstate cross-checks, not later
than 6 months)''.
(c) Conforming Amendment.--Subparagraph (F) of section 8(c)(2) of
such Act (52 U.S.C. 20507(c)(2)) is amended by striking ``Subparagraph
(A)'' and inserting ``This paragraph''.
(d) Effective Date.--The amendments made by this subtitle shall
apply with respect to elections held on or after the expiration of the
6-month period which begins on the date of the enactment of this Act.
Subpart D--Other Initiatives To Promote Voter Registration
SEC. 50228. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.
(a) Acceptance of Applications.--Section 8 of the National Voter
Registration Act of 1993 (52 U.S.C. 20507), as amended by section
50214, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18 Years of
Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the individual
is under 18 years of age at the time the individual submits the
application, so long as the individual is at least 16 years of
age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to permit
an individual who is under 18 years of age at the time of an
election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring on or after January 1, 2022.
SEC. 50229. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Annual Report.--Not later than 90 days after the end of each
year, each State shall submit to the Election Assistance Commission and
Congress a report containing the following categories of information
for the year:
(1) The number of individuals who were registered under
part 2.
(2) The number of voter registration application forms
completed by individuals that were transmitted by motor vehicle
authorities in the State (pursuant to section 5(d) of the
National Voter Registration Act of 1993) and voter registration
agencies in the State (as designated under section 7 of such
Act) to the chief State election official of the State, broken
down by each such authority and agency.
(3) The number of such individuals whose voter registration
application forms were accepted and who were registered to vote
in the State and the number of such individuals whose forms
were rejected and who were not registered to vote in the State,
broken down by each such authority and agency.
(4) The number of change of address forms and other forms
of information indicating that an individual's identifying
information has been changed that were transmitted by such
motor vehicle authorities and voter registration agencies to
the chief State election official of the State, broken down by
each such authority and agency and the type of form
transmitted.
(5) The number of individuals on the statewide computerized
voter registration list (as established and maintained under
section 303 of the Help America Vote Act of 2002) whose voter
registration information was revised by the chief State
election official as a result of the forms transmitted to the
official by such motor vehicle authorities and voter
registration agencies (as described in paragraph (3)), broken
down by each such authority and agency and the type of form
transmitted.
(6) The number of individuals who requested the chief State
election official to revise voter registration information on
such list, and the number of individuals whose information was
revised as a result of such a request.
(b) Breakdown of Information by Race and Ethnicity of
Individuals.--In preparing the report under this section, the State
shall, for each category of information described in subsection (a),
include a breakdown by race and ethnicity of the individuals whose
information is included in the category, to the extent that information
on the race and ethnicity of such individuals is available to the
State.
(c) Confidentiality of Information.--In preparing and submitting a
report under this section, the chief State election official shall
ensure that no information regarding the identification of any
individual is revealed.
(d) State Defined.--In this section, a ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, but does not include any State in which,
under a State law in effect continuously on and after the date of the
enactment of this Act, there is no voter registration requirement for
individuals in the State with respect to elections for Federal office.
Subpart E--Availability of HAVA Requirements Payments
SEC. 50230. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER
COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote Act of
2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and
inserting ``(2), (3), and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--A State may
use a requirements payment to carry out any of the requirements
of the Voter Registration Modernization Act of 2020, including
the requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2020.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C.
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
Subpart F--Prohibiting Interference With Voter Registration
SEC. 50231. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING
VOTER REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to
vote
``(a) Prohibition.--It shall be unlawful for any person, whether
acting under color of law or otherwise, to corruptly hinder, interfere
with, or prevent another person from registering to vote or to
corruptly hinder, interfere with, or prevent another person from aiding
another person in registering to vote.
``(b) Attempt.--Any person who attempts to commit any offense
described in subsection (a) shall be subject to the same penalties as
those prescribed for the offense that the person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, is amended by adding at the end the
following new item:
``612. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act, except that no person may be found to have
violated section 612 of title 18, United States Code (as added by
subsection (a)), on the basis of any act occurring prior to the date of
the enactment of this Act.
SEC. 50232. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish recommendations for best practices for States to use to
deter and prevent violations of section 612 of title 18, United States
Code (as added by section 50231), and section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or attempting to
register to vote or vote), including practices to provide for the
posting of relevant information at polling places and voter
registration agencies under such Act, the training of poll workers and
election officials, and relevant educational materials. For purposes of
this subsection, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of
section 612 of title 18, United States Code, and
section 12 of the National Voter Registration Act of
1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or
attempting to register to vote or vote), including
information on how individuals may report allegations
of violations of such prohibitions.''.
Subpart G--Saving Voters From Voter Purging
SEC. 50233. SHORT TITLE.
This subpart may be cited as the ``Stop Automatically Voiding
Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save
Voters Act''.
SEC. 50234. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED
VOTERS.
(a) Conditions Described.--The National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8
the following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF
REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable Evidence of
Ineligibility.--Notwithstanding any other provision of this Act, a
State may not remove any registrant from the official list of voters
eligible to vote in elections for Federal office in the State unless
the State verifies, on the basis of objective and reliable evidence,
that the registrant is ineligible to vote in such elections on any of
the grounds described in paragraph (3) or paragraph (4) of section
8(a).
``(b) Factors Not Considered as Objective and Reliable Evidence of
Ineligibility.--For purposes of subsection (a), the following factors,
or any combination thereof, shall not be treated as objective and
reliable evidence of a registrant's ineligibility to vote:
``(1) The failure of the registrant to vote in any
election.
``(2) The failure of the registrant to respond to any
notice sent under section 8(d).
``(3) The failure of the registrant to take any other
action with respect to voting in any election or with respect
to the registrant's status as a registrant.''.
(b) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and
inserting ``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and
inserting ``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is
amended by striking ``, registrants'' and inserting ``, and
subject to section 8A of such Act, registrants''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
PART 2--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES
SEC. 50235. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating section 305 as section 306; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official not less than 30 days
before the election;
``(3) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request
by mail and electronically voter registration
applications and absentee ballot applications with
respect to elections for Federal office in accordance
with subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c); and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(4) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d);
``(5) transmit a validly requested absentee ballot to an
individual with a disability--
``(A) except as provided in subsection (e), in the
case in which the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case in which the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot; and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for All Disabled Voters in
State.--Each State shall designate a single office which shall be
responsible for providing information regarding voter registration
procedures and absentee ballot procedures to be used by individuals
with disabilities with respect to elections for Federal office to all
individuals with disabilities who wish to register to vote or vote in
any jurisdiction in the State.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities To Request and for States To Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(3);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(3)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots
by mail and electronically (in accordance with the
preferred method of transmission designated by the
individual with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such as
assigning a unique identifier to the ballot, to ensure that if
an individual with a disability requests the State to transmit
a blank absentee ballot to the individual in accordance with
this subsection, the voted absentee ballot which is returned by
the individual is the same blank absentee ballot which the
State transmitted to the individual.
``(e) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(5)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Attorney General grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to individuals with disabilities enough
time to vote in an election for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit such individuals an
absentee ballot in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to such individuals; and
``(D) a comprehensive plan to ensure that such
individuals are able to receive absentee ballots which
they have requested and submit marked absentee ballots
to the appropriate State election official in time to
have that ballot counted in the election for Federal
office, which includes--
``(i) the steps the State will undertake to
ensure that such individuals have time to
receive, mark, and submit their ballots in time
to have those ballots counted in the election;
``(ii) why the plan provides such
individuals sufficient time to vote as a
substitute for the requirements under such
subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--The Attorney General
shall approve a waiver request under paragraph (1) if the
Attorney General determines each of the following requirements
are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides individuals with
disabilities sufficient time to receive absentee
ballots they have requested and submit marked absentee
ballots to the appropriate State election official in
time to have that ballot counted in the election for
Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(5)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Attorney General the
written waiver request not later than 90 days before
the election for Federal office with respect to which
the request is submitted. The Attorney General shall
approve or deny the waiver request not later than 65
days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Attorney General the written waiver
request as soon as practicable. The Attorney General
shall approve or deny the waiver request not later than
5 business days after the date on which the request is
received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Attorney General
shall only approve a waiver if the State has submitted a
request under paragraph (1) with respect to such election.
``(f) Rule of Construction.--Nothing in this section may be
construed to allow the marking or casting of ballots over the Internet.
``(g) Individual With a Disability Defined.--In this section, an
`individual with a disability' means an individual with an impairment
that substantially limits any major life activities and who is
otherwise qualified to vote in elections for Federal office.
``(h) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 305, January 1, 2022.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 305 as
relating to section 306; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 50236. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES
TO REGISTER TO VOTE AND VOTE PRIVATELY AND INDEPENDENTLY
AT RESIDENCES.
(a) Establishment of Pilot Programs.--The Election Assistance
Commission (hereafter referred to as the ``Commission'') shall make
grants to eligible States to conduct pilot programs under which--
(1) individuals with disabilities may use electronic means
(including the Internet and telephones utilizing assistive
devices) to register to vote and to request and receive
absentee ballots, in a manner which permits such individuals to
do so privately and independently at their own residences; and
(2) individuals with disabilities may use the telephone to
cast ballots electronically from their own residences, but only
if the telephone used is not connected to the Internet.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State during
the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission, at such time and in
such form as the Commission may require, an application containing such
information and assurances as the Commission may require.
(d) Timing.--The Commission shall make the first grants under this
section for pilot programs which will be in effect with respect to
elections for Federal office held in 2022, or, at the option of a
State, with respect to other elections for public office held in the
State in 2020.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for grants for pilot programs under this section
$30,000,000 for fiscal year 2022 and each succeeding fiscal year.
(f) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 50237. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2022 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (52
U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2022 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period which begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
PART 3--PROHIBITING VOTER CAGING
SEC. 50238. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 50231(a), is amended by adding at the end the
following:
``Sec. 613. Voter caging and other questionable challenges
``(a) Definitions.--In this section--
``(1) the term `voter caging document' means--
``(A) a nonforwardable document that is returned to
the sender or a third party as undelivered or
undeliverable despite an attempt to deliver such
document to the address of a registered voter or
applicant; or
``(B) any document with instructions to an
addressee that the document be returned to the sender
or a third party but is not so returned, despite an
attempt to deliver such document to the address of a
registered voter or applicant, unless at least two
Federal election cycles have passed since the date of
the attempted delivery;
``(2) the term `voter caging list' means a list of
individuals compiled from voter caging documents; and
``(3) the term `unverified match list' means a list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals who
are ineligible to vote in the registrar's jurisdiction, by
virtue of death, conviction, change of address, or otherwise;
unless one of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring
that the information from each source refers to the same
individual.
``(b) Prohibition Against Voter Caging.--No State or local election
official shall prevent an individual from registering or voting in any
election for Federal office, or permit in connection with any election
for Federal office a formal challenge under State law to an
individual's registration status or eligibility to vote, if the basis
for such decision is evidence consisting of--
``(1) a voter caging document or voter caging list;
``(2) an unverified match list;
``(3) an error or omission on any record or paper relating
to any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004 of the
Revised Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); or
``(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
``(c) Requirements for Challenges by Persons Other Than Election
Officials.--No person, other than a State or local election official,
shall submit a formal challenge to an individual's eligibility to
register to vote in an election for Federal office or to vote in an
election for Federal office unless that challenge is supported by
personal knowledge regarding the grounds for ineligibility which is--
``(1) documented in writing; and
``(2) subject to an oath or attestation under penalty of
perjury that the challenger has a good faith factual basis to
believe that the individual who is the subject of the challenge
is ineligible to register to vote or vote in that election,
except a challenge which is based on the race, ethnicity, or
national origin of the individual who is the subject of the
challenge may not be considered to have a good faith factual
basis for purposes of this paragraph.
``(d) Penalties for Knowing Misconduct.--Whoever knowingly
challenges the eligibility of one or more individuals to register or
vote or knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that one or
more eligible voters be disqualified, shall be fined under this title
or imprisoned not more than 1 year, or both, for each such violation.
Each violation shall be a separate offense.
``(e) No Effect on Related Laws.--Nothing in this section is
intended to override the protections of the National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights
Act of 1965 (52 U.S.C. 10301 et seq.).''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 50231(b), is
amended by adding at the end the following:
``613. Voter caging and other questionable challenges.''.
SEC. 50239. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING
VOTER CAGING.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish for the use of States recommendations for best practices to
deter and prevent violations of section 613 of title 18, United States
Code, as added by section 50271(a), including practices to provide for
the posting of relevant information at polling places and voter
registration agencies, the training of poll workers and election
officials, and relevant educational measures. For purposes of this
subsection, the term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(b) Inclusion in Voting Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)),
as amended by section 50232(b), is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) information relating to the prohibition
against voter caging and other questionable challenges
(as set forth in section 613 of title 18, United States
Code), including information on how individuals may
report allegations of violations of such
prohibition.''.
PART 4--PROHIBITING DECEPTIVE PRACTICES AND PREVENTING VOTER
INTIMIDATION
SEC. 50240. SHORT TITLE.
This part may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2020''.
SEC. 50241. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate or cause to be
communicated information described in subparagraph (B),
or produce information described in subparagraph (B)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (5); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal penalties
associated with voting in any such
election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate, or cause to be
communicated, a materially false statement about an
endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Definition of `materially false'.--For
purposes of subparagraph (A), a statement about an
endorsement is `materially false' if, with respect to
an upcoming election described in paragraph (5)--
``(i) the statement states that a
specifically named person, political party, or
organization has endorsed the election of a
specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or
organization has not endorsed the election of
such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color of
law or otherwise, shall intentionally hinder, interfere with,
or prevent another person from voting, registering to vote, or
aiding another person to vote or register to vote in an
election described in paragraph (5).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, or special election
held solely or in part for the purpose of nominating or
electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2), (b)(3), or (b)(4) may institute a civil action for
preventive relief, including an application in a United States
district court for a permanent or temporary injunction,
restraining order, or other order. In any such action, the
court, in its discretion, may allow the prevailing party a
reasonable attorney's fee as part of the costs.''.
(2) Conforming amendments.--
(A) Subsection (e) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(e)) is amended by striking
``subsection (c)'' and inserting ``subsection (c)(1)''.
(B) Subsection (g) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(g)) is amended by striking
``subsection (c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph
(A), by striking ``at any election'' and inserting ``at
any general, primary, run-off, or special election'';
and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (e), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to mislead voters, or
the intent to impede or prevent another person
from exercising the right to vote in an
election described in subsection (e).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal penalties
associated with voting in any such
election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from voting,
registering to vote, or aiding another person to vote or
register to vote in an election described in subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Attempt.--Any person who attempts to commit any offense
described in subsection (a), (b)(1), or (c)(1) shall be subject to the
same penalties as those prescribed for the offense that the person
attempted to commit.
``(e) Election Described.--An election described in this subsection
is any general, primary, run-off, or special election held solely or in
part for the purpose of nominating or electing a candidate for the
office of President, Vice President, presidential elector, Member of
the Senate, Member of the House of Representatives, or Delegate or
Commissioner from a Territory or possession.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this title
or imprisoned not more than one year'' and inserting ``fined
not more than $100,000, imprisoned for not more than 5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days
after the date of enactment of this Act, the United
States Sentencing Commission, pursuant to its authority
under section 994 of title 28, United States Code, and
in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted
of any offense under section 594 of title 18, United
States Code, as amended by this section.
(B) Authorization.--The United States Sentencing
Commission may amend the Federal Sentencing Guidelines
in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had
not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 50242. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)),
as added by section 50241(a), and if the Attorney General
determines that State and local election officials have not
taken adequate steps to promptly communicate accurate
information to correct the materially false information, the
Attorney General shall, pursuant to the written procedures and
standards under subsection (b), communicate to the public, by
any means, including by means of written, electronic, or
telephonic communications, accurate information designed to
correct the materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this part.
SEC. 50243. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2), (3), and
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as
added by section 50241(a), relating to the general election for Federal
office and any primary, run-off, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 4(a) in response
to an allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 50241(b), in
connection with an allegation described in subparagraph
(A); and
(F) a description of any criminal prosecution
instituted under section 594 of title 18, United States
Code, as amended by section 50274(c), in connection
with the receipt of an allegation described in
subparagraph (A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the Internet and other
appropriate means.
PART 5--DEMOCRACY RESTORATION
SEC. 50244. SHORT TITLE.
This part may be cited as the ``Democracy Restoration Act of
2020''.
SEC. 50245. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 50246. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this part.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this part may provide written notice of the violation to the
chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 50247. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2020 and may register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2020 and may register to vote in
any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 50248. DEFINITIONS.
For purposes of this part:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 50249. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this part be
construed to prohibit the States from enacting any State law which
affords the right to vote in any election for Federal office on terms
less restrictive than those established by this part.
(b) Certain Federal Acts.--The rights and remedies established by
this part are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this subtitle shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.).
SEC. 50250. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that person has in effect a
program under which each individual incarcerated in that person's
jurisdiction who is a citizen of the United States is notified, upon
release from such incarceration, of that individual's rights under
section 50246.
SEC. 50251. EFFECTIVE DATE.
This part shall apply to citizens of the United States voting in
any election for Federal office held after the date of the enactment of
this Act.
PART 6--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT PAPER BALLOT
SEC. 50252. SHORT TITLE.
This part may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2020''.
SEC. 50253. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified, paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by an optical character
recognition device or other counting device.
For purposes of this subclause, the term
`individual, durable, voter-verified, paper
ballot' means a paper ballot marked by the
voter by hand or a paper ballot marked through
the use of a nontabulating ballot marking
device or system, so long as the voter shall
have the option to mark his or her ballot by
hand.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not
preserve the voter-verified paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
without the voter's consent.
``(ii) Preservation as official record.--
The individual, durable, voter-verified, paper
ballot used in accordance with clause (i) shall
constitute the official ballot and shall be
preserved and used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used.
``(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and shall be counted by
hand in any recount or audit conducted with
respect to any election for Federal office.
``(II) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verified, paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified, paper
ballots shall be the true and correct record of
the votes cast.
``(iv) Application to all ballots.--The
requirements of this subparagraph shall apply
to all ballots cast in elections for Federal
office, including ballots cast by absent
uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens
Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified, paper ballots used pursuant
to subparagraph (A)(i) with respect to
any election for Federal office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C.
21081(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52
U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 50254. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
``(B)(i) ensure that individuals with disabilities
and others are given an equivalent opportunity to vote,
including with privacy and independence, in a manner
that produces a voter-verified paper ballot as for
other voters;
``(ii) satisfy the requirement of subparagraph (A)
through the use of at least one voting system equipped
for individuals with disabilities, including nonvisual
and enhanced visual accessibility for the blind and
visually impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity impaired,
at each polling place; and
``(iii) meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote counting or
auditing; and
``(II) allows the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot.''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 246 the following
new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION
MECHANISMS.
``(a) Study and Report.--The Director of the National Science
Foundation shall make grants to not fewer than 3 eligible entities to
study, test, and develop accessible paper ballot voting, verification,
and casting mechanisms and devices and best practices to enhance the
accessibility of paper ballot voting and verification mechanisms for
individuals with disabilities, for voters whose primary language is not
English, and for voters with difficulties in literacy, including best
practices for the mechanisms themselves and the processes through which
the mechanisms are used.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including non-
electronic devices, that will assist such individuals and
voters in marking voter-verified paper ballots and presenting
or transmitting the information printed or marked on such
ballots back to such individuals and voters, and casting such
ballots;
``(2) a certification that the entity shall complete the
activities carried out with the grant not later than December
31, 2022; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Director shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $5,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 50255. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)) is amended by adding at the end the following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper
ballots required to be used under this Act
shall be marked or printed on durable paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verified
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by an
optical character recognition device or other device
equipped for individuals with disabilities.''.
SEC. 50256. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2008.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State and
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2020 shall apply with respect to voting systems used
for any election for Federal office held in 2026 or any
succeeding year.
``(B) Delay for jurisdictions using certain paper
record printers or certain systems using or producing
voter-verifiable paper records in 2022.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2024' were a reference to
`2028', but only with respect to the following
requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of
subsection (a) (relating to the use of
voter-marked paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from and casting
of the durable paper ballot).
``(III) Paragraph (7) of subsection
(a) (relating to durability and
readability requirements for ballots).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i)(I),
(3)(B)(iii)(I) and (II), and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2020), for the
administration of the regularly
scheduled general election for Federal
office held in November 2024; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before 2026.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank pre-printed paper ballot which
the individual may mark by hand and
which is not produced by the direct
recording electronic voting machine or
other such system. The official shall
provide the individual with the ballot
and the supplies necessary to mark the
ballot, and shall ensure (to the
greatest extent practicable) that the
waiting period for the individual to
cast a vote is the lesser of 30 minutes
or the average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a pre-
printed blank paper ballot.
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank pre-
printed paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device which automatically deposits the ballot into a
privacy sleeve, subparagraph (A) shall apply to a
voting system in the jurisdiction as if the reference
in such subparagraph to `any election for Federal
office held in 2024 or any succeeding year' were a
reference to `elections for Federal office occurring
held in 2028 or each succeeding year', but only with
respect to paragraph (3)(B)(iii)(II) of subsection (a)
(relating to nonmanual casting of the durable paper
ballot).''.
SEC. 50257. CLARIFICATION OF ABILITY OF STATES TO USE ELECTION
ADMINISTRATION PAYMENTS TO MEET REQUIREMENTS.
Nothing in the amendments made by this part or in any provision of
the Help America Vote Act of 2002 may be construed to prohibit a State
from using any payment made under title I of such Act (52 U.S.C. 20901
et seq.) or part 1 of subtitle D of title II of such Act (52 U.S.C.
21001 et seq.) to comply with the requirements of the amendments made
by this part.
PART 7--PROVISIONAL BALLOTS
SEC. 50258. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS;
ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C.
21082(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
PART 8--EARLY VOTING
SEC. 50259. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by the preceding
provisions of this title, is amended--
(1) by redesignating section 306 as section 307; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to
vote in an election for Federal office during an early voting
period which occurs prior to the date of the election, in the
same manner as voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall consist
of a period of consecutive days (including weekends) which
begins on the 15th day before the date of the election (or, at
the option of the State, on a day prior to the 15th day before
the date of the election) and ends on the date of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 4 hours on each
day, except that the polling place may allow such voting for
fewer than 4 hours on Sundays; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on a public
transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)), as amended by section 50235(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) in the case of the recommendations with respect to
section 306, June 30, 2022.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by the preceding provisions of this title, is amended--
(1) by redesignating the item relating to section 306 as
relating to section 307; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Early voting.''.
PART 9--VOTING BY MAIL
SEC. 50260. VOTING BY MAIL.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by the preceding
provisions of this title, is amended--
(1) by redesignating section 307 as section 308; and
(2) by inserting after section 306 the following new
section:
``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by absentee ballot by
mail, except as required under subsection (b) and except to the extent
that the State imposes a deadline for requesting the ballot and related
voting materials from the appropriate State or local election official
and for returning the ballot to the appropriate State or local election
official.
``(b) Requiring Signature Verification.--A State may not accept and
process an absentee ballot submitted by any individual with respect to
an election for Federal office unless the State verifies the
identification of the individual by comparing the individual's
signature on the absentee ballot with the individual's signature on the
official list of registered voters in the State, in accordance with
such procedures as the State may adopt.
``(c) Deadline for Providing Balloting Materials.--If an individual
requests to vote by absentee ballot in an election for Federal office,
the appropriate State or local election official shall ensure that the
ballot and relating voting materials are transmitted to the
individual--
``(1) not later than 2 weeks before the date of the
election; or
``(2) in the case of a State which imposes a deadline for
requesting an absentee ballot and related voting materials
which is less than 2 weeks before the date of the election, as
expeditiously as possible.
``(d) Accessibility for Individuals With Disabilities.--Consistent
with section 305, the State shall ensure that all absentee ballots and
related voting materials in elections for Federal office are accessible
to individuals with disabilities in a manner that provides the same
opportunity for access and participation (including with privacy and
independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--If a
ballot submitted by an individual by mail with respect to an election
for Federal office in a State is postmarked on or before the date of
the election, the State may not refuse to accept or process the ballot
on the grounds that the individual did not meet a deadline for
returning the ballot to the appropriate State or local election
official.
``(f) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to affect
the treatment of any ballot submitted by an individual who is entitled
to vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
``(g) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)), as amended by section 50235(b) and section 50259(b),
is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) in the case of the recommendations with respect to
section 307, June 30, 2022.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by the preceding provisions of this title, is amended--
(1) by redesignating the item relating to section 307 as
relating to section 308; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Promoting ability of voters to vote by mail.''.
PART 10--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
SEC. 50261. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO
FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.
Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. 4025)
is amended--
(1) in the heading, by striking ``spouses'' and inserting
``family members''; and
(2) by amending subsection (b) to read as follows:
``(b) Family Members.--For the purposes of voting for in any
election for any Federal office (as defined in section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101)) or any State
or local office, a spouse, domestic partner, or dependent of a person
who is absent from a State in compliance with military or naval orders
shall not, solely by reason of that person's absence and without regard
to whether or not such family member is accompanying that person--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 50262. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF
ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302(c)) is amended to read as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Election
Assistance Commission (hereafter in this subsection referred to
as the `Commission'), and the Presidential Designee, and make
that report publicly available that same day, certifying that
absentee ballots for the election are or will be available for
transmission to absent uniformed services voters and overseas
voters by not later than 45 days before the election. The
report shall be in a form prescribed jointly by the Attorney
General and the Commission and shall require the State to
certify specific information about ballot availability from
each unit of local government which will administer the
election.
``(2) Pre-election report on absentee ballot
transmission.--Not later than 43 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Commission, and
the Presidential Designee, and make that report publicly
available that same day, certifying whether all absentee
ballots have been transmitted by not later than 45 days before
the election to all qualified absent uniformed services and
overseas voters whose requests were received at least 45 days
before the election. The report shall be in a form prescribed
jointly by the Attorney General and the Commission, and shall
require the State to certify specific information about ballot
transmission, including the total numbers of ballot requests
received and ballots transmitted, from each unit of local
government which will administer the election.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Attorney
General, the Commission, and the Presidential Designee on the
combined number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the election
and the combined number of such ballots which were returned by
such voters and cast in the election, and shall make such
report available to the general public that same day.''.
SEC. 50263. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20307) is amended to read as follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring civil
action in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this title.
``(2) Penalty.--In a civil action brought under paragraph
(1), if the court finds that the State violated any provision
of this title, it may, to vindicate the public interest, assess
a civil penalty against the State--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--A person who is aggrieved by a
State's violation of this title may bring a civil action in an
appropriate district court for such declaratory or injunctive relief as
may be necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action brought
under this section, the only necessary party defendant is the State,
and it shall not be a defense to any such action that a local election
official or a unit of local government is not named as a defendant,
notwithstanding that a State has exercised the authority described in
section 576 of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought under this
section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act.
SEC. 50264. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as
provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure To Meet
Requirement.--Section 102 of such Act (52 U.S.C. 20302), as amended by
subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by
the voter by express delivery, except that in the case of an
absentee ballot of an absent uniformed services voter for a
regularly scheduled general election for Federal office, the
State may satisfy the requirement of this paragraph by
notifying the voter of the procedures for the collection and
delivery of such ballots under section 103A.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A)
of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
SEC. 50265. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT
ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.
``(a) In General.--If a State accepts and processes an official
post card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the next
regularly scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome of such
general election), the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to voter registration and absentee ballot
applications which are submitted to a State or local election official
on or after the date of the enactment of this Act.
SEC. 50266. EFFECTIVE DATE.
The amendments made by this part shall apply with respect to
elections occurring on or after January 1, 2022.
PART 11--POLL WORKER RECRUITMENT AND TRAINING
SEC. 50267. LEAVE TO SERVE AS A POLL WORKER FOR FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by inserting after section 6329c the following:
``Sec. 6329d. Absence in connection with serving as a poll worker
``(a) In General.--An employee in or under an Executive agency is
entitled to leave, without loss of or reduction in pay, leave to which
otherwise entitled, credit for time or service, or performance or
efficiency rating, not to exceed 6 days in a leave year, in order--
``(1) to provide election administration assistance to a
State or unit of local government at a polling place on the
date of any election for public office; or
``(2) to receive any training without which such employee
would be ineligible to provide such assistance.
``(b) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations for the administration of this
section, including regulations setting forth the terms and conditions
of the election administration assistance an employee may provide for
purposes of subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 63 of
title 5, United States Code, is amended by inserting after the item
relating to section 6329c the following:
``6329d. Absence in connection with serving as a poll worker.''.
SEC. 50268. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall make a
grant to each eligible State for recruiting and training
individuals to serve as poll workers on dates of elections for
public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker recruiting,
training and retention as an interactive training tool, and
shall develop training programs with the participation and
input of experts in adult learning.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided
under this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as poll workers after
recruitment and training with the funds provided under
this section; and
(D) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
SEC. 50269. MODEL POLL WORKER TRAINING PROGRAM.
(a) Development of Program by Election Assistance Commission.--Not
later than 1 year after the date of the enactment of this Act, the
Election Assistance Commission shall develop and provide to each State
materials for a model poll worker training program which the State may
use to train individuals to serve as poll workers in elections for
Federal office.
(b) Contents of Materials.--The materials for the model poll worker
training program developed under this section shall include materials
to provide training with respect to the following:
(1) The relevant provisions of the Federal laws which apply
to the administration of elections for Federal office in the
State, including the Voting Rights Act of 1965 and the Help
America Vote Act of 2002.
(2) The provision of access to voting to individuals with
disabilities in a manner which preserves the dignity and
privacy of such individuals.
(3) The provision of access to voting to individuals with
limited English language proficiency, and to individuals who
are members or racial or ethnic minorities, consistent with the
protections provided for such individuals under relevant law,
in a manner which preserves the dignity of such individuals.
(4) Practical experience in the use of the voting machines
which will be used in the election involved, including the
accessibility features of such machines.
(5) Such other election administration subjects as the
Commission considers appropriate to ensure that poll workers
are able to effectively assist with the administration of
elections for Federal office.
SEC. 50270. STATE DEFINED.
In this part, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
PART 12--ENHANCEMENT OF ENFORCEMENT
SEC. 50271. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF
2002.
(a) Complaints; Availability of Private Right of Action.--Section
401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--
``(1) In general.--A person who is aggrieved by a violation
of title III which has occurred, is occurring, or is about to
occur may file a written, signed, notarized complaint with the
Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this section.
The Attorney General shall immediately provide a copy of a
complaint filed under the previous sentence to the entity
responsible for administering the State-based administrative
complaint procedures described in section 402(a) for the State
involved.
``(2) Response by attorney general.--The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney General
that require responses and determinations to be made within the
same (or shorter) deadlines which apply to a State under the
State-based administrative complaint procedures described in
section 402(a)(2). The Attorney General shall immediately
provide a copy of the response made under the previous sentence
to the entity responsible for administering the State-based
administrative complaint procedures described in section 402(a)
for the State involved.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b)(1) (including any
individual who seeks to enforce the individual's right to a voter-
verified paper ballot, the right to have the voter-verified paper
ballot counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this section may
be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring with respect to elections
for Federal office held in 2022 or any succeeding year.
PART 13--FEDERAL ELECTION INTEGRITY
SEC. 50272. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION
ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section
319 the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term
`chief State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) serving as a member of an authorized committee of a
candidate for Federal office;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under
paragraph (2) or (3) of section 7323(b) of title 5, United
States Code, if taken by an individual to whom such paragraph
applies (other than any prohibition on running for public
office).
``(d) Exception in Case of Recusal From Administration of Elections
Involving Official or Immediate Family Member.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate, but
only if such official recuses himself or herself from all of
the official's responsibilities for the administration of such
election.
``(2) Immediate family member defined.--In paragraph (1),
the term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to elections for Federal office held after December
2021.
PART 14--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS
SEC. 50273. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding
at the end the following new part:
``PART 7--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 297. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to
each eligible State to conduct risk-limiting audits as described in
subsection (b) with respect to the regularly scheduled general
elections for Federal office held in November 2022 and each succeeding
election for Federal office.
``(b) Risk-Limiting Audits Described.--In this part, a `risk-
limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official of
the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit shall
include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved in
the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official and
made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any
part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information
with respect to the ballots cast and counted in the
election:
``(i) The total number of ballots cast and
counted by the agency (including undervotes,
overvotes, and other invalid votes).
``(ii) The total number of ballots cast in
each election administered by the agency
(including undervotes, overvotes, and other
invalid votes).
``(iii) A precise description of the manner
in which the ballots are physically stored,
including the total number of physical groups
of ballots, the numbering system for each
group, a unique label for each group, and the
number of ballots in each such group.
``(2) The term `election agency' means any component of a
State, or any component of a unit of local government in a
State, which is responsible for the administration of elections
for Federal office in the State.
``(3) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(4) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(5) The term `reported outcome' means the outcome of an
election which is determined according to the canvass and which
will become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``SEC. 297A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 297;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 297(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results of
the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that the
audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election agency
shall use the results of the full manual tally as the official
results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 297B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
part $20,000,000 for fiscal year 2021, to remain available until
expended.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``Part 7--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 297. Grants for conducting risk-limiting audits of results of
elections.
``Sec. 297A. Eligibility of States.
``Sec. 297B. Authorization of appropriations.''.
SEC. 50274. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first election for
Federal office is held after grants are first awarded to States for
conducting risk-limiting under part 7 of subtitle D of title II of the
Help America Vote Act of 2002 (as added by section 50273) for
conducting risk-limiting audits of elections for Federal office, the
Comptroller General of the United States shall conduct an analysis of
the extent to which such audits have improved the administration of
such elections and the security of election infrastructure in the
States receiving such grants.
(b) Report.--The Comptroller General of the United States shall
submit a report on the analysis conducted under subsection (a) to the
appropriate congressional committees.
(c) Definitions.--In this section--
(1) the term ``appropriate congressional committees'' means
the Committees on Homeland Security and House Administration of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs and Rules and Administration
of the Senate;
(2) the term ``election agency'' means any component of a
State, or any component of a unit of local government in a
State, which is responsible for the administration of elections
for Federal office in the State; and
(3) the term ``election infrastructure'' means storage
facilities, polling places, and centralized vote tabulation
locations used to support the administration of elections for
public office, as well as related information and
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and other
systems of vendors who have entered into contracts with
election agencies to support the administration of elections,
manage the election process, and report and display election
results), and other systems used to manage the election process
and to report and display election results on behalf of an
election agency.
PART 15--PROMOTING VOTER ACCESS THROUGH ELECTION ADMINISTRATION
IMPROVEMENTS
Subpart A--Promoting Voter Access
SEC. 50275. TREATMENT OF UNIVERSITIES AS VOTER REGISTRATION AGENCIES.
(a) In General.--Section 7(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20506(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) each institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) in the State that receives
Federal funds.''; and
(2) in paragraph (6)(A), by inserting ``or, in the case of
an institution of higher education, with each registration of a
student for enrollment in a course of study'' after
``assistance,''.
(b) Amendment to Higher Education Act of 1965.--Section 487(a) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by
striking paragraph (23).
(c) Sense of Congress Relating to Option of Students To Register in
Jurisdiction of Institution of Higher Education or Jurisdiction of
Domicile.--It is the sense of Congress that, as provided under existing
law, students who attend an institution of higher education and reside
in the jurisdiction of the institution while attending the institution
should have the option of registering to vote in elections for Federal
office in that jurisdiction or in the jurisdiction of their own
domicile.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after January 1, 2022.
SEC. 50276. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY
POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082), as amended by section 50258(a), is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) In general.--If a State assigns an individual who is
a registered voter in a State to a polling place with respect
to an election for Federal office which is not the same polling
place to which the individual was previously assigned with
respect to the most recent election for Federal office in the
State in which the individual was eligible to vote--
``(A) the State shall notify the individual of the
location of the polling place not later than 7 days
before the date of the election; or
``(B) if the State makes such an assignment fewer
than 7 days before the date of the election and the
individual appears on the date of the election at the
polling place to which the individual was previously
assigned, the State shall make every reasonable effort
to enable the individual to vote on the date of the
election.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C.
21082(g)), as redesignated by subsection (a) and as amended by section
50258(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting
``(d)(2), (e)(2), and (f)(2)''.
SEC. 50277. ELECTION DAY HOLIDAY.
(a) Treatment of Election Day in Same Manner as Legal Public
Holiday for Purposes of Federal Employment.--For purposes of any law
relating to Federal employment, the Tuesday next after the first Monday
in November in 2020 and each even-numbered year thereafter shall be
treated in the same manner as a legal public holiday described in
section 6103 of title 5, United States Code.
(b) Sense of Congress Relating to Treatment of Day by Private
Employers.--It is the sense of Congress that private employers in the
United States should give their employees a day off on the Tuesday next
after the first Monday in November in 2020 and each even-numbered year
thereafter to enable the employees to cast votes in the elections held
on that day.
SEC. 50278. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--Title III of the Help America
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting
after section 303 the following new section:
``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual present
identification as a condition of receiving and casting a ballot
in an election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identification and
attesting that the individual is eligible to vote in
the election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) prepare a pre-printed version of the
statement described in paragraph (1)(A) which includes
a blank space for an individual to provide a name and
signature;
``(B) make copies of the pre-printed version
available at polling places for election officials to
distribute to individuals who desire to vote in person;
and
``(C) include a copy of the pre-printed version
with each blank absentee or other ballot transmitted to
an individual who desires to vote by mail.
``(b) Requiring Use of Regular Ballot.--An individual who presents
or submits a sworn written statement in accordance with subsection
(a)(1) shall be permitted to cast a regular ballot in the election in
the same manner as an individual who presents identification.
``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Requiring States To Include Information on Use of Sworn Written
Statement in Voting Information Material Posted at Polling Places.--
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by
section 50232(b) and section 50239(b), is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of receiving and casting a ballot in an
election for Federal office, information on how an
individual may meet such requirement by presenting a
sworn written statement in accordance with section
303A.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Permitting use of sworn written statement to meet
identification requirements.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 50279. POSTAGE-FREE BALLOTS.
(a) Absentee Ballots Carried Free of Postage.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:
``Sec. 3407. Absentee ballots carried free of postage
``(a) Any absentee ballot for any election shall be carried
expeditiously and free of postage.
``(b) As used in this section, the term `absentee ballot' does not
include any ballot covered by section 3406.''.
(2) Clerical amendment.--The table of sections for chapter
34 of such title is amended by inserting after the item
relating to section 3406 the following:
``3407. Absentee ballots carried free of postage.''.
(3) Reimbursement.--Section 2401(c) of title 39, United
States Code, is amended by striking ``3406'' and inserting
``3407''.
(b) Use by States of Requirements Payments Under Help America Vote
Act of 2002 To Reimburse Postal Service.--
(1) Authorizing use of payments.--Section 251(b) of the
Help America Vote Act of 2002 (52 U.S.C. 21001(b)) is amended--
(A) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise
provided in this subsection''; and
(B) by adding at the end the following new
paragraph:
``(4) Reimbursement of postal service for costs associated
with absentee ballots.--A State shall use a requirements
payment to reimburse the United States Postal Service for the
revenue which the Postal Service would have obtained as the
result of the mailing of absentee ballots in the State but for
section 3407 of title 39, United States Code.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the requirements payments made to a
State under part 1 of subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.)--
(A) for fiscal year 2021 or any previous fiscal
year, but only to the extent that any such payment
remains unobligated or unexpended by the State as of
the date of the enactment of this Act; and
(B) for fiscal year 2022 and each succeeding fiscal
year.
SEC. 50280. REIMBURSEMENT FOR COSTS INCURRED BY STATES IN ESTABLISHING
PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS.
(a) Reimbursement.--Subtitle D of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15401 et seq.), as amended by section 50273(a),
is further amended by adding at the end the following new part:
``PART 8--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 298. PAYMENTS TO STATES.
``(a) Payments for Costs of Establishing Program.--In accordance
with this section, the Commission shall make a payment to a State to
reimburse the State for the costs incurred in establishing, if the
State so chooses to establish, an absentee ballot tracking program with
respect to elections for Federal office held in the State (including
costs incurred prior to the date of the enactment of this part).
``(b) Absentee Ballot Tracking Program Described.--
``(1) Program described.--
``(A) In general.--In this part, an `absentee
ballot tracking program' is a program to track and
confirm the receipt of absentee ballots in an election
for Federal office under which the State or local
election official responsible for the receipt of voted
absentee ballots in the election carries out procedures
to track and confirm the receipt of such ballots, and
makes information on the receipt of such ballots
available to the individual who cast the ballot, by
means of online access using the Internet site of the
official's office.
``(B) Information on whether vote was counted.--The
information referred to under subparagraph (A) with
respect to the receipt of an absentee ballot shall
include information regarding whether the vote cast on
the ballot was counted, and, in the case of a vote
which was not counted, the reasons therefor.
``(2) Use of toll-free telephone number by officials
without internet site.--A program established by a State or
local election official whose office does not have an Internet
site may meet the description of a program under paragraph (1)
if the official has established a toll-free telephone number
that may be used by an individual who cast an absentee ballot
to obtain the information on the receipt of the voted absentee
ballot as provided under such paragraph.
``(c) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has
established an absentee ballot tracking program with
respect to elections for Federal office held in the
State; and
``(B) a statement of the costs incurred by the
State in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State
which are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 298A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2022 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 50273(b), is further amended by adding at the end of
the items relating to subtitle D of title II the following:
``Part 8--Payments To Reimburse States for Costs Incurred in
Establishing Program To Track and Confirm Receipt of Absentee Ballots
``Sec. 298. Payments to States.
``Sec. 298A. Authorization of appropriations.''.
SEC. 50281. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.
(a) Establishment and Operation of Systems and Services.--
(1) State-based response systems.--The Attorney General
shall coordinate the establishment of a State-based response
system for responding to questions and complaints from
individuals voting or seeking to vote, or registering to vote
or seeking to register to vote, in elections for Federal
office. Such system shall provide--
(A) State-specific, same-day, and immediate
assistance to such individuals, including information
on how to register to vote, the location and hours of
operation of polling places, and how to obtain absentee
ballots; and
(B) State-specific, same-day, and immediate
assistance to individuals encountering problems with
registering to vote or voting, including individuals
encountering intimidation or deceptive practices.
(2) Hotline.--The Attorney General, in consultation with
State election officials, shall establish and operate a toll-
free telephone service, using a telephone number that is
accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the
United States--
(A) may connect directly to the State-based
response system described in paragraph (1) with respect
to the State involved;
(B) may obtain information on voting in elections
for Federal office, including information on how to
register to vote in such elections, the locations and
hours of operation of polling places, and how to obtain
absentee ballots; and
(C) may report information to the Attorney General
on problems encountered in registering to vote or
voting, including incidences of voter intimidation or
suppression.
(3) Collaboration with state and local election
officials.--
(A) Collection of information from states.--The
Attorney General shall coordinate the collection of
information on State and local election laws and
policies, including information on the statewide
computerized voter registration lists maintained under
title III of the Help America Vote Act of 2002, so that
individuals who contact the free telephone service
established under paragraph (2) on the date of an
election for Federal office may receive an immediate
response on that day.
(B) Forwarding questions and complaints to
states.--If an individual contacts the free telephone
service established under paragraph (2) on the date of
an election for Federal office with a question or
complaint with respect to a particular State or
jurisdiction within a State, the Attorney General shall
forward the question or complaint immediately to the
appropriate election official of the State or
jurisdiction so that the official may answer the
question or remedy the complaint on that date.
(4) Consultation requirements for development of systems
and services.--The Attorney General shall ensure that the
State-based response system under paragraph (1) and the free
telephone service under paragraph (2) are each developed in
consultation with civil rights organizations, voting rights
groups, State and local election officials, voter protection
groups, and other interested community organizations,
especially those that have experience in the operation of
similar systems and services.
(b) Use of Service by Individuals With Disabilities and Individuals
With Limited English Language Proficiency.--The Attorney General shall
design and operate the telephone service established under this section
in a manner that ensures that individuals with disabilities are fully
able to use the service, and that assistance is provided in any
language in which the State (or any jurisdiction in the State) is
required to provide election materials under section 203 of the Voting
Rights Act of 1965.
(c) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate but in no event fewer than 3) to
serve on a Voter Hotline Task Force to provide ongoing analysis
and assessment of the operation of the telephone service
established under this section, and shall give special
consideration in making appointments to the Task Force to
individuals who represent civil rights organizations. At least
one member of the Task Force shall be a representative of an
organization promoting voting rights or civil rights which has
experience in the operation of similar telephone services or in
protecting the rights of individuals to vote, especially
individuals who are members of racial, ethnic, or linguistic
minorities or of communities who have been adversely affected
by efforts to suppress voting rights.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the Task Force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years, except that the
initial terms of the members first appointed to the Task Force
shall be staggered so that there are at least 3 individuals
serving on the Task Force during each year. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(d) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this section during the previous 2 years, and shall include in the
report--
(1) an enumeration of the number and type of calls that
were received by the service;
(2) a compilation and description of the reports made to
the service by individuals citing instances of voter
intimidation or suppression;
(3) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service;
(4) any recommendations developed by the Task Force
established under subsection (c) with respect to how voting
systems may be maintained or upgraded to better accommodate
voters and better ensure the integrity of elections, including
but not limited to identifying how to eliminate coordinated
voter suppression efforts and how to establish effective
mechanisms for distributing updates on changes to voting
requirements; and
(5) any recommendations on best practices for the State-
based response systems established under subsection (a)(1).
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Attorney General for fiscal year 2021 and each
succeeding fiscal year such sums as may be necessary to carry
out this section.
(2) Set-aside for outreach.--Of the amounts appropriated to
carry out this section for a fiscal year pursuant to the
authorization under paragraph (1), not less than 15 percent
shall be used for outreach activities to make the public aware
of the availability of the telephone service established under
this section, with an emphasis on outreach to individuals with
disabilities and individuals with limited proficiency in the
English language.
Subpart B--Improvements in Operation of Election Assistance Commission
SEC. 50282. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2021 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 50283. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.), as amended by section 50278(a), is further
amended by inserting after section 303A the following new section:
``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and any succeeding election.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 50278(c), is further amended by inserting after the
item relating to section 303A the following new item:
``Sec. 303B. Requiring participation in post-general election
surveys.''.
SEC. 50284. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ON USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE
COMMISSION.
(a) Requiring Reports on Use of Funds as Condition of Receipt.--
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is
amended by adding at the end the following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--To the
extent that funds are transferred from the Commission to the Director
of the National Institute of Standards and Technology for purposes of
carrying out this section during any fiscal year, the Director may not
use such funds unless the Director certifies at the time of transfer
that the Director will submit a report to the Commission not later than
90 days after the end of the fiscal year detailing how the Director
used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
SEC. 50285. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION
ASSISTANCE COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2021, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of the
Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than December 31, 2021, the Commission shall submit to Congress
a report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve the
procedures which are the subject of the review.
SEC. 50286. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(52 U.S.C. 20925) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
Subpart C--Miscellaneous Provisions
SEC. 50287. APPLICATION OF LAWS TO COMMONWEALTH OF NORTHERN MARIANA
ISLANDS.
(a) National Voter Registration Act of 1993.--Section 3(4) of the
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended
by striking ``States and the District of Columbia'' and inserting
``States, the District of Columbia, and the Commonwealth of the
Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141) is amended by striking ``and the United States
Virgin Islands'' and inserting ``the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52
U.S.C. 20943(a)(2)) is amended by striking ``and
American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is
amended by striking ``or the United States Virgin
Islands'' and inserting ``the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--Section
90102(c) of title 36, United States Code, is amended by
striking ``and the United States Virgin Islands'' and inserting
``the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands''.
SEC. 50288. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(52 U.S.C. 20925) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
SEC. 50289. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing in this
subtitle may be construed to authorize or require conduct prohibited
under any of the following laws, or to supersede, restrict, or limit
the application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by any person of a payment or grant
application under this subtitle, or any other action taken by any
person under this subtitle, shall not be considered to have any effect
on requirements for preclearance under section 5 of the Voting Rights
Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
PART 16--SEVERABILITY
SEC. 50290. SEVERABILITY.
If any provision of this subtitle or amendment made by this
subtitle, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this
subtitle and amendments made by this subtitle, and the application of
the provisions and amendment to any person or circumstance, shall not
be affected by the holding.
Subtitle C--Same Day Registration
SEC. 50301. SHORT TITLE.
This subtitle may be cited as the ``Same Day Registration Act of
2020''.
SEC. 50302. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Notwithstanding section 8(a)(1)(D) of
the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)(D)), each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2020 and for any
subsequent election for Federal office.''.
(b) Conforming Amendments.--
(1) Section 401 of such Act (52 U.S.C. 21111) is amended by
striking ``and 303'' and inserting ``303, and 304''.
(2) The table of contents of such Act is amended--
(A) by redesignating the items relating to sections
304 and 305 as relating to sections 305 and 306,
respectively; and
(B) by inserting after the item relating to section
303 the following new item:
``Sec. 304. Same day registration.''.
Subtitle D--Equal Access to Support Youth Voting
SEC. 50401. SHORT TITLE.
This subtitle may be cited as the ``Equal Access to Support Youth
Voting Act'' or the ``EASY Voting Act''.
SEC. 50402. REQUIRING STATES TO ACCEPT STUDENT IDENTIFICATIONS FOR
PURPOSES OF MEETING VOTER IDENTIFICATION REQUIREMENTS.
(a) Acceptance of Student Identifications.--Title III of the Help
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by
inserting after section 303 the following new section:
``SEC. 303A. REQUIRING ACCEPTANCE OF STUDENT PHOTO IDENTIFICATION AS
CURRENT AND VALID PHOTO IDENTIFICATION.
``(a) Acceptance of Student Identifications.--A State or local
election official shall accept a current and valid student photo
identification issued by an institution of higher education to a
student attending such institution of higher education as a current and
valid photo identification for purposes of section 303(b)(2) or of any
State or local law which requires an individual to produce a current
and valid photo identification to obtain a ballot or vote in an
election for Federal office.
``(b) Definition.--In this section, the term `institution of higher
education' has the meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001), except that such term includes
a proprietary institution of higher education described in section
102(b) of such Act (20 U.S.C. 1002(b)).''.
(b) Enforcement.--Section 401 of such Act (42 U.S.C. 15511) is
amended by striking ``and 303'' and inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Requiring acceptance of student photo identification as
current and valid photo identification.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
Subtitle E--Restoring Confidence in America's Elections
SECTION 50501. SHORT TITLE.
This subtitle may be cited as the ``Restoring Confidence in
America's Elections Act''.
PART 1--INTEGRITY OF VOTING SYSTEMS AND BALLOTS
Subpart A--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 505101. MORATORIUM ON ACQUISITION OF CERTAIN DIRECT RECORDING
ELECTRONIC VOTING SYSTEMS AND CERTAIN OTHER VOTING
SYSTEMS.
Section 301 of the Help America Vote Act of 2002 (52 U.S.C. 21081)
is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Moratorium on Acquisition of Certain Direct Recording
Electronic Voting Systems and Certain Other Voting Systems.--Beginning
on the date of the enactment of the Restoring Confidence in America's
Elections Act, no State or jurisdiction may purchase or otherwise
acquire for use in an election for Federal office a direct recording
electronic voting system or other electronic voting system that does
not produce a voter-verified paper record as required by section
301(a)(2) (as amended by such Act).''.
SEC. 505102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified, paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by an optical character
recognition device or other counting device.
For purposes of this subclause, the term
`individual, durable, voter-verified, paper
ballot' means a paper ballot marked by the
voter by hand or a paper ballot marked through
the use of a nontabulating ballot marking
device or system, so long as the voter shall
have the option to mark his or her ballot by
hand.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not
preserve the voter-verified paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
without the voter's consent.
``(ii) Preservation as official record.--
The individual, durable, voter-verified, paper
ballot used in accordance with clause (i) shall
constitute the official ballot and shall be
preserved and used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used.
``(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and shall be counted by
hand in any recount or audit conducted with
respect to any election for Federal office.
``(II) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verified, paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified, paper
ballots shall be the true and correct record of
the votes cast.
``(iv) Application to all ballots.--The
requirements of this subparagraph shall apply
to all ballots cast in elections for Federal
office, including ballots cast by absent
uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens
Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified, paper ballots used pursuant
to subparagraph (A)(i) with respect to
any election for Federal office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C.
21081(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52
U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 505103. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
``(B)(i) satisfy the requirement of subparagraph
(A) through the use of at least one voting system
equipped for individuals with disabilities, including
nonvisual and enhanced visual accessibility for the
blind and visually impaired, and nonmanual and enhanced
manual accessibility for the mobility and dexterity
impaired, at each polling place; and
``(ii) meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote counting or
auditing; and
``(II) allows the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot; and''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 246 the following
new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION
MECHANISMS.
``(a) Study and Report.--The Director of the National Science
Foundation shall make grants to not fewer than 3 eligible entities to
study, test, and develop accessible paper ballot voting, verification,
and casting mechanisms and devices and best practices to enhance the
accessibility of paper ballot voting and verification mechanisms for
individuals with disabilities, for voters whose primary language is not
English, and for voters with difficulties in literacy, including best
practices for the mechanisms themselves and the processes through which
the mechanisms are used.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including
nonelectronic devices, that will assist such individuals and
voters in marking voter-verified paper ballots and presenting
or transmitting the information printed or marked on such
ballots back to such individuals and voters, and casting such
ballots;
``(2) a certification that the entity shall complete the
activities carried out with the grant not later than December
31, 2021; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as nonproprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Director shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $5,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act of 2002 with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
Subpart B--Additional Voting System Requirements
SEC. 505111. ADDITIONAL VOTING SYSTEM REQUIREMENTS.
(a) Requirements Described.--Section 301(a) of the Help America
Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end
the following new paragraphs:
``(7) Requiring availability of paper ballots in case of
emergency.--
``(A) In general.--In the event of a failure of
voting equipment or other circumstance at a polling
place in an election for Federal office that causes an
unreasonable delay, the appropriate election official
at the polling place shall--
``(i) immediately advise any individual who
is waiting at the polling place to cast a
ballot in the election at the time of the
failure that the individual has the right to
use an emergency paper ballot; and
``(ii) upon the individual's request,
provide the individual with an emergency paper
ballot for the election and the supplies
necessary to mark the ballot.
``(B) Treatment of ballots.--Any paper ballot which
is cast by an individual under this clause shall be
counted and otherwise treated as a regular ballot for
all purposes (including by incorporating it into the
final unofficial vote count (as defined by the State)
for the precinct) and not as a provisional ballot,
unless the individual casting the ballot would have
otherwise been required to cast a provisional ballot.
``(8) Prohibiting use of uncertified election-dedicated
voting system technologies; disclosure requirements.--
``(A) In general.--A voting system used in an
election for Federal office in a State may not at any
time during the election contain or use any election-
dedicated voting system technology--
``(i) which has not been certified by the
State for use in the election; and
``(ii) which has not been deposited with an
accredited laboratory described in section 231
to be held in escrow and disclosed in
accordance with this section.
``(B) Requirement for disclosure and limitation on
restricting disclosure.--An accredited laboratory under
section 231 with whom an election-dedicated voting
system technology has been deposited shall--
``(i) hold the technology in escrow; and
``(ii) disclose technology and information
regarding the technology to another person if--
``(I) the person is a qualified
person described in subparagraph (C)
who has entered into a nondisclosure
agreement with respect to the
technology which meets the requirements
of subparagraph (D); or
``(II) the laboratory is permitted
or required to disclose the technology
to the person under State law, in
accordance with the terms and
conditions applicable under such law.
``(C) Qualified persons described.--With respect to
the disclosure of election-dedicated voting system
technology by a laboratory under subparagraph
(B)(ii)(I), a `qualified person' is any of the
following:
``(i) A governmental entity with
responsibility for the administration of voting
and election-related matters for purposes of
reviewing, analyzing, or reporting on the
technology.
``(ii) A party to pre- or postelection
litigation challenging the result of an
election or the administration or use of the
technology used in an election, including but
not limited to election contests or challenges
to the certification of the technology, or an
expert for a party to such litigation, for
purposes of reviewing or analyzing the
technology to support or oppose the litigation,
and all parties to the litigation shall have
access to the technology for such purposes.
``(iii) A person not described in clause
(i) or (ii) who reviews, analyzes, or reports
on the technology solely for an academic,
scientific, technological, or other
investigation or inquiry concerning the
accuracy or integrity of the technology.
``(D) Requirements for nondisclosure agreements.--A
nondisclosure agreement entered into with respect to an
election-dedicated voting system technology meets the
requirements of this subparagraph if the agreement--
``(i) is limited in scope to coverage of
the technology disclosed under subparagraph (B)
and any trade secrets and intellectual property
rights related thereto;
``(ii) does not prohibit a signatory from
entering into other nondisclosure agreements to
review other technologies under this paragraph;
``(iii) exempts from coverage any
information the signatory lawfully obtained
from another source or any information in the
public domain;
``(iv) remains in effect for not longer
than the life of any trade secret or other
intellectual property right related thereto;
``(v) prohibits the use of injunctions
barring a signatory from carrying out any
activity authorized under subparagraph (C),
including injunctions limited to the period
prior to a trial involving the technology;
``(vi) is silent as to damages awarded for
breach of the agreement, other than a reference
to damages available under applicable law;
``(vii) allows disclosure of evidence of
crime, including in response to a subpoena or
warrant;
``(viii) allows the signatory to perform
analyses on the technology (including by
executing the technology), disclose reports and
analyses that describe operational issues
pertaining to the technology (including
vulnerabilities to tampering, errors, risks
associated with use, failures as a result of
use, and other problems), and describe or
explain why or how a voting system failed or
otherwise did not perform as intended; and
``(ix) provides that the agreement shall be
governed by the trade secret laws of the
applicable State.
``(E) Election-dedicated voting system technology
defined.--For purposes of this paragraph:
``(i) In general.--The term `election-
dedicated voting system technology' means the
following:
``(I) The source code used for the
trusted build and its file signatures.
``(II) A complete disk image of the
prebuild, build environment, and any
file signatures to validate that it is
unmodified.
``(III) A complete disk image of
the postbuild, build environment, and
any file signatures to validate that it
is unmodified.
``(IV) All executable code produced
by the trusted build and any file
signatures to validate that it is
unmodified.
``(V) Installation devices and
software file signatures.
``(ii) Exclusion.--Such term does not
include `commercial-off-the-shelf' software and
hardware defined under the 2015 voluntary
voting system guidelines adopted by the
Commission under section 222.
``(9) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballots
are marked or votes are cast or tabulated shall contain, use,
or be accessible by any wireless, powerline, or concealed
communication device, except that enclosed infrared
communications devices which are certified for use in such
device by the State and which cannot be used for any remote or
wide area communications or used without the knowledge of poll
workers shall be permitted.
``(10) Prohibiting connection of system to the internet.--
``(A) In general.--No system or device upon which
ballots are programmed or votes are cast or tabulated
shall be connected to the Internet at any time.
``(B) Prohibiting acceptance of ballots transmitted
online.--The voting system may not accept any voted
ballot which is transmitted to an election official
online.
``(C) Rule of construction.--Nothing contained in
this paragraph shall be deemed to prohibit the
Commission from conducting the studies under section
242 or to conduct other similar studies under any other
provision of law in a manner consistent with this
paragraph.
``(11) Security standards for voting systems used in
federal elections.--
``(A) In general.--No voting system may be used in
an election for Federal office unless the manufacturer
of such system and the election officials using such
system meet the applicable requirements described in
subparagraph (B).
``(B) Requirements described.--The requirements
described in this subparagraph are as follows:
``(i) The manufacturer and the election
officials shall document the secure chain of
custody for the handling of all software,
hardware, vote storage media, blank ballots,
and completed ballots used in connection with
voting systems, and shall make the information
available upon request to the Commission.
``(ii) The manufacturer shall disclose to
an accredited laboratory under section 231 and
to the appropriate election official any
information required to be disclosed under
paragraph (8).
``(iii) After the appropriate election
official has certified the election-dedicated
and other voting system software for use in an
election, the manufacturer may not--
``(I) alter such software; or
``(II) insert or use in the voting
system any software, software patch, or
other software modification not
certified by the State for use in the
election.
``(iv) At the request of the Commission--
``(I) the appropriate election
official shall submit information to
the Commission regarding the State's
compliance with this subparagraph; and
``(II) the manufacturer shall
submit information to the Commission
regarding the manufacturer's compliance
with this subparagraph.
``(C) Development and publication of best practices
of secure chain of custody.--Not later than August 1,
2021, the Commission shall develop and make publicly
available best practices regarding the requirement of
subparagraphs (B)(i) and (B)(iii), and in the case of
subparagraph (B)(iii), shall include best practices for
certifying software patches and minor software
modifications under short deadlines.
``(D) Disclosure of secure chain of custody.--The
Commission shall make information provided to the
Commission under subparagraph (B)(i) available to any
person upon request.
``(12) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper
ballots required to be used under this Act
shall be marked or printed on durable paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verified
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision-enhancing devices) and by an
optical character recognition device or other device
equipped for individuals with disabilities.
``(13) Requirements for publication of poll tapes.--
``(A) Requirements.--Each State shall meet the
following requirements:
``(i) Upon the closing of the polls at each
polling place, the appropriate election
official, under the observation of the
certified tabulation observers admitted to the
polling place under subparagraph (E) (if any),
shall announce the vote orally, post a copy of
the poll tape reflecting the totals from each
voting machine upon which votes were cast in
the election at the polling place, and prepare
and post a statement of the total number of
individuals who appeared at the polling place
to cast ballots, determined by reference to the
number of signatures in a sign-in book or other
similar independent count. Such officials shall
ensure that each of the certified tabulation
observers admitted to the polling place has
full access to observe the process by which the
poll tapes and statement are produced and a
reasonable period of time to review the poll
tapes and statement before the polling place is
closed, and (if feasible) shall provide such
observers with identical duplicate copies of
the poll tapes and statement.
``(ii) As soon as practicable, but in no
event later than noon of the day following the
date of the election, the appropriate election
official shall display (at a prominent location
accessible to the public during regular
business hours and in or within reasonable
proximity to the polling place) a copy of each
poll tape and statement prepared under clause
(i), and the information shall be displayed on
the official public Web sites of the applicable
local election official and chief State
election official, together with the name of
the designated voting official who entered the
information and the date and time the
information was entered.
``(iii) Each Web site on which information
is posted under clause (ii) shall include
information on the procedures by which
discrepancies shall be reported to election
officials. If any discrepancy exists between
the posted information and the relevant poll
tape or statement, the appropriate election
official shall display information on the
discrepancy on the Web site on which the
information is posted under clause (ii) not
later than 24 hours after the official is made
aware of the discrepancy, and shall maintain
the information on the discrepancy and its
resolution (if applicable) on such website
during the entire period for which results of
the election are typically maintained on such
Web site.
``(iv) The appropriate election official
shall preserve archived copies of the poll
tapes and statements prepared under clause (i)
and reports of discrepancies filed by certified
tabulation observers for the period of time
during which records and papers are required to
be retained and preserved pursuant to title III
of the Civil Rights Act of 1960 (42 U.S.C. 1974
et seq.) or for the same duration for which
archived copies of other records of the
election are required to be preserved under
applicable State law, whichever is longer.
``(B) Treatment of ballots cast at early voting
sites.--
``(i) Application.--The requirements of
this subparagraph shall apply with respect to
poll tapes and statements of the number of
voters who voted in person at designated sites
prior to the date of the election.
``(ii) Daily count of voters.--At the close
of business on each day on which ballots
described in clause (i) may be cast prior to
the date of the election, the appropriate
election official at each such site shall--
``(I) under the observation of
certified tabulation observers admitted
to the site under subparagraph (E) (if
any), prepare and post a statement of
the total number of individuals who
appeared at the site to cast ballots,
determined by reference to the number
of signatures in a sign-in book or
other similar independent count, and
the total number of ballots cast
(excluding information on the votes
received by individual candidates), and
shall ensure that each of the certified
tabulation observers admitted to the
site has full access to observe the
process by which the statement is
produced and a reasonable period of
time to review the statement before the
site is closed; and
``(II) display at the site during
regular business hours for the duration
of the early voting period a paper copy
of the statement prepared under
subclause (I).
``(iii) Application of general requirements
for poll tapes and statements.--Upon the
closing of the polls on the date of the
election, the appropriate election official at
each designated site described in this
subparagraph shall meet the requirements of
subparagraph (A) (including requirements
relating to the role of certified tabulation
observers) in the same manner as an election
official at a polling place.
``(C) Treatment of absentee ballots.--
``(i) Daily count of ballots mailed and
received.--At the close of each business day on
which a State mails or accepts absentee ballots
cast in an election for Federal office prior to
the date of the election, the appropriate
election official shall--
``(I) under the observation of
certified tabulation observers admitted
under subparagraph (E) to the site at
which the ballots are mailed and
received (if any), prepare and post a
statement of the total number of
absentee ballots mailed and received by
the official during that day and a
separate count of the number of
absentee ballots received but rejected
(separated into categories of the
reasons for rejection), and ensure that
each of the certified tabulation
observers admitted to the site has full
access to observe the process by which
the statement is produced and a
reasonable period of time to review the
statement before the site is closed;
and
``(II) display at the site during
regular business hours for the duration
of the period during which absentee
ballots are processed a paper copy of
the statement prepared under subclause
(I).
``(ii) Application of general requirements
for poll tapes and statements.--At the close of
business on the last day on which absentee
ballots are counted prior to the certification
of the election, the appropriate election
official at the site at which absentee ballots
are received and counted shall meet the
requirements of subparagraph (A) (including
requirements relating to the role of certified
tabulation observers) in the same manner as an
election official at a polling place.
``(D) Daily count of provisional ballots.--At the
close of business on the day on which the appropriate
election official determines whether or not provisional
ballots cast in an election for Federal office will be
counted as votes in the election (as described in
section 302(a)(4)), the official shall--
``(i) under the observation of certified
tabulation observers admitted under
subparagraph (E) to the site at which the
determination is made (if any), prepare and
post a statement of the number of such ballots
for which a determination was made, the number
of ballots counted, and the number of ballots
rejected (separated into categories of the
reason for the rejection), and ensure that each
of the certified tabulation observers admitted
to the site has full access to observe the
process by which the statement is produced and
a reasonable period of time to review the
statement before the site is closed; and
``(ii) display at the site during regular
business hours for the duration of the period
during which provisional ballots are processed
a paper copy of the statement prepared under
clause (i).
``(E) Admission of certified tabulation
observers.--
``(i) Certified tabulation observer
defined.--In this paragraph, a `certified
tabulation observer' is an individual who is
certified by an appropriate election official
as authorized to carry out the responsibilities
of a certified tabulation observer under this
paragraph.
``(ii) Selection.--In determining which
individuals to certify as tabulation observers
and admit to a polling place or other location
to serve as certified tabulation observers with
respect to an election for Federal office, the
election official shall give preference to
individuals who are affiliated with a candidate
in the election, except that--
``(I) the number of individuals
admitted who are affiliated with the
same candidate for Federal office may
not exceed one; and
``(II) the maximum number of
individuals who may be admitted shall
equal the number of candidates in the
election plus 3, or such greater number
as may be authorized under State law.
``(iii) No effect on admission of other
observers.--Nothing in this subparagraph may be
construed to limit or otherwise affect the
authority of other individuals to enter and
observe polling place operations under any
other law, including international observers
authorized under any treaty or observers of the
Federal Government authorized under the Voting
Rights Act of 1965.
``(F) No effect on other tabulation requirements.--
Nothing in this Act may be construed to supersede any
requirement that an election official at a polling
place report vote totals to a central tabulation
facility and address discrepancies the official finds
in the aggregation of those totals with other vote
totals.''.
(b) Requiring Laboratories To Meet Standards Prohibiting Conflicts
of Interest as Condition of Accreditation for Testing of Voting System
Hardware and Software.--
(1) In general.--Section 231(b) of such Act (52 U.S.C.
20971(b)) is amended by adding at the end the following new
paragraphs:
``(3) Prohibiting conflicts of interest; ensuring
availability of results.--
``(A) In general.--A laboratory may not be
accredited by the Commission for purposes of this
section unless--
``(i) the laboratory certifies that the
only compensation it receives for the testing
carried out in connection with the
certification, decertification, and
recertification of the manufacturer's voting
system hardware and software is the payment
made from the Testing Escrow Account under
paragraph (4);
``(ii) the laboratory meets such standards
as the Commission shall establish (after notice
and opportunity for public comment) to prevent
the existence or appearance of any conflict of
interest in the testing carried out by the
laboratory under this section, including
standards to ensure that the laboratory does
not have a financial interest in the
manufacture, sale, and distribution of voting
system hardware and software, and is
sufficiently independent from other persons
with such an interest;
``(iii) the laboratory certifies that it
will permit an expert designated by the
Commission or by the State requiring
certification of the system being tested to
observe any testing the laboratory carries out
under this section; and
``(iv) the laboratory, upon completion of
any testing carried out under this section,
discloses the test protocols, results, and all
communication between the laboratory and the
manufacturer to the Commission.
``(B) Availability of results.--Upon receipt of
information under subparagraph (A), the Commission
shall make the information available promptly to
election officials and the public.
``(4) Procedures for conducting testing; payment of user
fees for compensation of accredited laboratories.--
``(A) Establishment of escrow account.--The
Commission shall establish an escrow account (to be
known as the Testing Escrow Account) for making
payments to accredited laboratories for the costs of
the testing carried out in connection with the
certification, decertification, and recertification of
voting system hardware and software.
``(B) Schedule of fees.--In consultation with the
accredited laboratories, the Commission shall establish
and regularly update a schedule of fees for the testing
carried out in connection with the certification,
decertification, and recertification of voting system
hardware and software, based on the reasonable costs
expected to be incurred by the accredited laboratories
in carrying out the testing for various types of
hardware and software.
``(C) Requests and payments by manufacturers.--A
manufacturer of voting system hardware and software may
not have the hardware or software tested by an
accredited laboratory under this section unless--
``(i) the manufacturer submits a detailed
request for the testing to the Commission; and
``(ii) the manufacturer pays to the
Commission, for deposit into the Testing Escrow
Account established under subparagraph (A), the
applicable fee under the schedule established
and in effect under subparagraph (B).
``(D) Selection of laboratory.--Upon receiving a
request for testing and the payment from a manufacturer
required under subparagraph (C), the Commission shall
select, from all laboratories which are accredited
under this section to carry out the specific testing
requested by the manufacturer, an accredited laboratory
to carry out the testing.
``(E) Payments to laboratories.--Upon receiving a
certification from a laboratory selected to carry out
testing pursuant to subparagraph (D) that the testing
is completed, along with a copy of the results of the
test as required under paragraph (3)(A)(iv), the
Commission shall make a payment to the laboratory from
the Testing Escrow Account established under
subparagraph (A) in an amount equal to the applicable
fee paid by the manufacturer under subparagraph
(C)(ii).
``(5) Dissemination of additional information on accredited
laboratories.--
``(A) Information on testing.--Upon completion of
the testing of a voting system under this section, the
Commission shall promptly disseminate to the public the
identification of the laboratory which carried out the
testing.
``(B) Information on status of laboratories.--The
Commission shall promptly notify Congress, the chief
State election official of each State, and the public
whenever--
``(i) the Commission revokes, terminates,
or suspends the accreditation of a laboratory
under this section;
``(ii) the Commission restores the
accreditation of a laboratory under this
section which has been revoked, terminated, or
suspended; or
``(iii) the Commission has credible
evidence of significant security failure at an
accredited laboratory.''.
(2) Conforming amendments.--Section 231 of such Act (52
U.S.C. 20971) is further amended--
(A) in subsection (a)(1), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of voting system hardware and
software by accredited laboratories in connection with
the certification, decertification, and recertification
of the hardware and software for purposes of this
Act.'';
(B) in subsection (a)(2), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of its voting system hardware and
software by the laboratories accredited by the
Commission under this section in connection with
certifying, decertifying, and recertifying the hardware
and software.'';
(C) in subsection (b)(1), by striking ``testing,
certification, decertification, and recertification''
and inserting ``testing''; and
(D) in subsection (d), by striking ``testing,
certification, decertification, and recertification''
each place it appears and inserting ``testing''.
(3) Deadline for establishment of standards, escrow
account, and schedule of fees.--The Election Assistance
Commission shall establish the standards described in section
231(b)(3) of the Help America Vote Act of 2002 and the Testing
Escrow Account and schedule of fees described in section
231(b)(4) of such Act (as added by paragraph (1)) not later
than January 1, 2021.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Election Assistance Commission such
sums as may be necessary to carry out the Commission's duties
under paragraphs (3) and (4) of section 231 of the Help America
Vote Act of 2002 (as added by paragraph (1)).
(c) Grants for Research on Development of Election-Dedicated Voting
System Software.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding
at the end the following new part:
``PART 7--GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED
VOTING SYSTEM SOFTWARE
``SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED
VOTING SYSTEM SOFTWARE.
``(a) In General.--The Director of the National Science Foundation
(hereafter in this part referred to as the `Director') shall make
grants to not fewer than 3 eligible entities to conduct research on the
development of election-dedicated voting system software.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications regarding the benefits of operating
voting systems on election-dedicated software which is easily
understandable and which is written exclusively for the purpose
of conducting elections;
``(2) certifications that the entity will use the funds
provided under the grant to carry out research on how to
develop voting systems that run on election-dedicated software
and that will meet the applicable requirements for voting
systems under title III; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as nonproprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section $1,500,000 for each of
fiscal years 2020 and 2021, to remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 7--Grants for Research on Development of Election-Dedicated
Voting System Software
``Sec. 297. Grants for research on development of election-dedicated
voting system software.''.
Subpart C--Funding
SEC. 505121. AVAILABILITY OF ADDITIONAL FUNDING TO ENABLE STATES TO
MEET COSTS OF REVISED REQUIREMENTS.
(a) Extension of Requirements Payments for Meeting Revised
Requirements.--Section 257(a) of the Help America Vote Act of 2002 (52
U.S.C. 21007(a)) is amended by adding at the end the following new
paragraph:
``(5) For each of the fiscal years 2020 and 2021,
$600,000,000, except that any funds provided under the
authorization made by this paragraph shall be used by a State
only to meet the requirements of title III which are first
imposed on the State pursuant to the amendments made by title I
of the Restoring Confidence in America's Elections Act, or to
otherwise modify or replace its voting systems in response to
such amendments.''.
(b) Use of Revised Formula for Allocation of Funds.--Section 252(b)
of such Act (52 U.S.C. 21002(b)) is amended to read as follows:
``(b) State Allocation Percentage Defined.--
``(1) In general.--Except as provided in paragraph (2), the
`State allocation percentage' for a State is the amount
(expressed as a percentage) equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(2) Special rule for payments used to meet requirements
imposed under restoring confidence in america's elections
act.--
``(A) In general.--In the case of the requirements
payment made to a State under the authorization made by
section 257(a)(5) for fiscal year 2020 or 2021, the
`State allocation percentage' for a State is the amount
(expressed as a percentage) equal to the quotient of--
``(i) the sum of the number of noncompliant
precincts in the State and 50 percent of the
number of partially noncompliant precincts in
the State; and
``(ii) the sum of the number of
noncompliant precincts in all States and 50
percent of the number of partially noncompliant
precincts in all States.
``(B) Noncompliant precinct defined.--In this
paragraph, a `noncompliant precinct' means any precinct
(or equivalent location) within a State for which the
voting system used to administer the regularly
scheduled general election for Federal office held in
November 2020 did not meet either of the requirements
described in subparagraph (D).
``(C) Partially noncompliant precinct defined.--In
this paragraph, a `partially noncompliant precinct'
means any precinct (or equivalent location) within a
State for which the voting system used to administer
the regularly scheduled general election for Federal
office held in November 2020 met only one of the
requirements described in subparagraph (D).
``(D) Requirements described.--The requirements
described in this subparagraph with respect to a voting
system are as follows:
``(i) The primary voting system required
the use of durable paper ballots (as described
in sections 301(a)(2)(A)(i)(I) and
301(a)(12)(A), as amended or added by the
Restoring Confidence in America's Elections
Act) for every vote cast.
``(ii) The voting system allowed the voter
to privately and independently verify the
permanent paper ballot through the presentation
of the same printed or marked information used
for vote counting and auditing and to privately
and independently cast the permanent paper
ballot without handling the ballot manually.''.
(c) Revised Conditions for Receipt of Funds.--Section 253 of such
Act (52 U.S.C. 21003) is amended--
(1) in subsection (a), by striking ``A State is eligible''
and inserting ``Except as provided in subsection (f), a State
is eligible''; and
(2) by adding at the end the following new subsection:
``(f) Special Rule for Payments Used To Meet Requirements Imposed
Under Restoring Confidence in America's Elections Act.--
``(1) In general.--Notwithstanding any other provision of
this part, a State is eligible to receive a requirements
payment under the authorization made by section 257(a)(5) for
fiscal year 2020 or 2021 if, not later than 90 days after the
date of the enactment of the Restoring Confidence in America's
Elections Act, the chief executive officer of the State, or
designee, in consultation and coordination with the chief State
election official--
``(A) certifies to the Commission the number of
noncompliant and partially noncompliant precincts in
the State (as defined in section 252(b)(2));
``(B) certifies to the Commission that the State
will reimburse each unit of local government in the
State for any costs the unit incurs in carrying out the
activities for which the payment may be used; and
``(C) files a statement with the Commission
describing the State's need for the payment and how the
State will use the payment to meet the requirements of
title III (in accordance with the limitations
applicable to the use of the payment under section
257(a)(5)).
``(2) Certifications by states that require changes to
state law.--In the case of a State that requires State
legislation to carry out any activity covered by any
certification submitted under this subsection, the State shall
be permitted to make the certification notwithstanding that the
legislation has not been enacted at the time the certification
is submitted and such State shall submit an additional
certification once such legislation is enacted.''.
(d) Permitting Use of Funds for Reimbursement for Costs Previously
Incurred.--Section 251(c)(1) of such Act (52 U.S.C. 21001(c)(1)) is
amended by striking the period at the end and inserting the following:
``, or as a reimbursement for any costs incurred after November 2018 in
meeting the requirements of title III which are imposed pursuant to the
amendments made by title I of the Restoring Confidence in America's
Elections Act or in otherwise upgrading or replacing voting systems in
a manner consistent with such amendments (so long as the voting systems
meet any of the requirements that apply with respect to elections for
Federal office held in 2022 and each succeeding year).''.
(e) Rule of Construction Regarding States Receiving Other Funds for
Replacing Punch Card, Lever, or Other Voting Machines.--Nothing in the
amendments made by this section or in any other provision of the Help
America Vote Act of 2002 may be construed to prohibit a State which
received or was authorized to receive a payment under title I or II of
such Act for replacing punch card, lever, or other voting machines from
receiving or using any funds which are made available under the
amendments made by this section.
(f) Rule of Construction Regarding Use of Funds Received in Prior
Years.--
(1) In general.--Nothing contained in this subtitle or the
Help America Vote Act of 2002 may be construed to prohibit a
State from using funds received under title I or II of the Help
America Vote Act of 2002 to purchase or acquire by other means
a voting system that meets the requirements of section 301 of
the Help America Vote Act of 2002 (as amended by this subtitle)
in order to replace voting systems purchased with funds
received under the Help America Vote Act of 2002 that do not
meet such requirements.
(2) Waiver of notice and comment requirements.--The
requirements of subparagraphs (A), (B), and (C) of section
254(a)(11) of the Help America Vote Act of 2002 shall not apply
to any State using funds received under such Act for the
purposes described in paragraph (1).
SEC. 505122. GRANTS FOR DEVELOPMENT OF COMPLIANT SYSTEMS.
(a) Establishment of Grant Program.--
(1) Grants to develop voting systems.--The Election
Assistance Commission (hereafter referred to as the
``Commission'') shall establish and operate a program under
which the Commission shall award grants to eligible entities
for the development of voting systems that meet the
requirements of paragraph (2) and that may be used by States
and units of local government to administer elections for
Federal office.
(2) Requirements for voting systems.--The requirements of
this paragraph with respect to voting systems are as follows:
(A) The system produces a voter-verified paper
record of each vote cast on the system.
(B) The system is demonstrably compatible with
commodity accessibility devices.
(C) The system is fully accessible for the use of
individuals with disabilities.
(b) Eligibility Requirements for Recipients.--An entity is eligible
to receive a grant under the program under this section if the entity
submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
(1) a certification that any voting system developed with
the funds provided under this section shall meet the
requirements of paragraph (2) of subsection (a); and
(2) such other information and assurances as the Commission
may require.
(c) Applicability of Regulations Governing Patent Rights in
Inventions Made With Federal Assistance.--Any invention made by the
recipient of a grant under this section using funds provided under this
section shall be subject to chapter 18 of title 35, United States Code
(relating to patent rights in inventions made with Federal assistance).
(d) Report.--
(1) In general.--Each entity which receives a grant under
this section shall submit to the Commission a report describing
the activities carried out with the funds provided under the
grant.
(2) Deadline.--An entity shall submit a report required
under paragraph (1) not later than 60 days after the end of the
fiscal year for which the entity received the grant which is
the subject of the report.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated for
grants under this section $60,000,000 for fiscal year 2021.
(2) Availability of funds.--Amounts appropriated pursuant
to the authorization under this subsection shall remain
available, without fiscal year limitation, until expended.
Subpart D--Effective Date
SEC. 505131. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2008.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State and
jurisdiction pursuant to the amendments made by title I
of the Restoring Confidence in America's Elections Act
shall apply with respect to voting systems used for the
regularly scheduled general election for Federal office
held in 2022 and each succeeding election for Federal
office.
``(B) 2-year delay for jurisdictions using certain
paper record printers or certain systems using or
producing voter-verifiable paper records in 2018.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2020' were a reference to
`2024', but only with respect to the following
requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of
subsection (a) (relating to the use of
voter-marked paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from and casting
of the durable paper ballot).
``(III) Paragraph (12) of
subsection (a) (relating to durability
and readability requirements for
ballots).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i)(I),
(3)(B)(ii)(I) and (II), and (12) of
subsection (a) (as amended or added by
the Restoring Confidence in America's
Elections Act), for the administration
of the regularly scheduled general
election for Federal office held in
November 2020; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held prior to the regularly
scheduled general election for Federal
office held in 2022.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank preprinted paper ballot which the
individual may mark by hand and which
is not produced by the direct recording
electronic voting machine or other such
system. The official shall provide the
individual with the ballot and the
supplies necessary to mark the ballot,
and shall ensure (to the greatest
extent practicable) that the waiting
period for the individual to cast a
vote is the lesser of 30 minutes or the
average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a
preprinted blank paper ballot.
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank preprinted
paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device, subparagraph (A) shall apply to a voting system
in the jurisdiction as if the reference in such
subparagraph to `the regularly scheduled general
election for Federal office held in 2022' were a
reference to `the first election for Federal office
held in 2024', but only with respect to paragraph
(3)(B)(ii)(II) of subsection (a) (relating to nonmanual
casting of the durable paper ballot).''.
PART 2--REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT
SEC. 505201. MANDATORY MANUAL AUDITS.
Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et
seq.) is amended by adding at the end the following new subtitle:
``Subtitle C--Mandatory Manual Audits
``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
``(a) Requiring Audits.--
``(1) In general.--In accordance with this subtitle, each
State shall administer, without advance notice to the precincts
or alternative audit units selected, audits of the results of
all elections for Federal office held in the State (and, at the
option of the State or jurisdiction involved, of elections for
State and local office held at the same time as such election)
consisting of random hand counts of the voter-verified paper
ballots required to be used and preserved pursuant to section
301(a)(2).
``(2) Exception for certain elections.--A State shall not
be required to administer an audit of the results of an
election for Federal office under this subtitle if the winning
candidate in the election--
``(A) had no opposition on the ballot; or
``(B) received 80 percent or more of the total
number of votes cast in the election, as determined on
the basis of the final unofficial vote count.
``(b) Determination of Entity Conducting Audits; Application of GAO
Independence Standards.--The State shall administer audits under this
subtitle through an entity selected for such purpose by the State in
accordance with such criteria as the State considers appropriate
consistent with the requirements of this subtitle, except that the
entity must meet the general standards established by the Comptroller
General and as set forth in the Comptroller General's Government
Auditing Standards to ensure the independence (including, except as
provided under section 323(b), the organizational independence) of
entities performing financial audits, attestation engagements, and
performance audits.
``(c) References to Election Auditor.--In this subtitle, the term
`Election Auditor' means, with respect to a State, the entity selected
by the State under subsection (b).
``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
``(a) In General.--Except as provided in subsection (b), the number
of voter-verified paper ballots which will be subject to a hand count
administered by the Election Auditor of a State under this subtitle
with respect to an election shall be determined as follows:
``(1) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is less than 1 percent of the total votes cast in that
election, the hand counts of the voter-verified paper ballots
shall occur in at least 10 percent of all precincts or
equivalent locations (or alternative audit units used in
accordance with the method provided for under subsection (b))
in the congressional district involved (in the case of an
election for the House of Representatives) or the State (in the
case of any other election for Federal office).
``(2) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is greater than or equal to 1 percent but less than 2
percent of the total votes cast in that election, the hand
counts of the voter-verified paper ballots shall occur in at
least 5 percent of all precincts or equivalent locations (or
alternative audit units used in accordance with the method
provided for under subsection (b)) in the congressional
district involved (in the case of an election for the House of
Representatives) or the State (in the case of any other
election for Federal office).
``(3) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is equal to or greater than 2 percent of the total
votes cast in that election, the hand counts of the voter-
verified paper ballots shall occur in at least 3 percent of all
precincts or equivalent locations (or alternative audit units
used in accordance with the method provided for under
subsection (b)) in the congressional district involved (in the
case of an election for the House of Representatives) or the
State (in the case of any other election for Federal office).
``(b) Use of Alternative Mechanism.--
``(1) Permitting use of alternative mechanism.--
Notwithstanding subsection (a), a State may adopt and apply an
alternative mechanism to determine the number of voter-verified
paper ballots which will be subject to the hand counts required
under this subtitle with respect to an election, so long as the
alternative mechanism uses the voter-verified paper ballots to
conduct the audit and the National Institute of Standards and
Technology determines that the alternative mechanism is in
accordance with the principles set forth in paragraph (2).
``(2) Principles for approval.--In approving an alternative
mechanism under paragraph (1), the National Institute of
Standards and Technology shall ensure that the audit procedure
will have the property that for each election--
``(A) the alternative mechanism will be at least as
statistically effective in ensuring the accuracy of the
election results as the procedures under this subtitle;
or
``(B) the alternative mechanism will achieve at
least a 95 percent confidence interval (as determined
in accordance with criteria set forth by the National
Institute of Standards and Technology) with respect to
the outcome of the election.
``(3) Deadline for response.--The Director of the National
Institute of Standards and Technology shall make a
determination regarding a State's request to approve an
alternative mechanism under paragraph (1) not later than 30
days after receiving the State's request.
``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.
``(a) In General.--The Election Auditor of a State shall administer
an audit under this section of the results of an election in accordance
with the following procedures:
``(1) Within 24 hours after the State announces the final
unofficial vote count (as defined by the State) in each
precinct in the State, the Election Auditor shall--
``(A) determine and then announce the precincts or
equivalent locations (or alternative audit units used
in accordance with the method provided under section
322(b)) in the State in which it will administer the
audits; and
``(B) with respect to votes cast at the precinct or
equivalent location on or before the date of the
election (other than provisional ballots described in
paragraph (2)), begin to administer the hand count of
the votes on the voter-verified paper ballots required
to be used and preserved under section 301(a)(2)(A) and
the comparison of the count of the votes on those
ballots with the final unofficial count of such votes
as announced by the State.
``(2) With respect to votes cast other than at the precinct
on the date of the election (other than votes cast by
provisional ballot on the date of the election which are
certified and counted by the State on or after the date of the
election), including votes cast by absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the Election Auditor shall
administer the hand count of the votes on the applicable voter-
verified paper ballots required to be produced and preserved
under section 301(a)(2)(A) and the comparison of the count of
the votes on those ballots with the final unofficial count of
such votes as announced by the State.
``(b) Use of Personnel.--In administering the audits, the Election
Auditor may utilize the services of the personnel of the State or
jurisdiction, including election administration personnel and poll
workers, without regard to whether or not the personnel have
professional auditing experience.
``(c) Location.--The Election Auditor shall administer an audit of
an election--
``(1) at the location where the ballots cast in the
election are stored and counted after the date of the election
or such other appropriate and secure location agreed upon by
the Election Auditor and the individual that is responsible
under State law for the custody of the ballots; and
``(2) in the presence of the personnel who under State law
are responsible for the custody of the ballots.
``(d) Special Rule in Case of Delay in Reporting Absentee Vote
Count.--In the case of a State in which the final count of absentee and
provisional votes is not announced until after the date of the
election, the Election Auditor shall initiate the process described in
subsection (a) for administering the audit not later than 24 hours
after the State announces the final unofficial vote count for the votes
cast at the precinct or equivalent location on or before the date of
the election, and shall initiate the administration of the audit of the
absentee and provisional votes pursuant to subsection (a)(2) not later
than 24 hours after the State announces the final unofficial count of
such votes.
``(e) Additional Audits if Cause Shown.--
``(1) In general.--If the Election Auditor finds that any
of the hand counts administered under this section do not match
the final unofficial tally of the results of an election, the
Election Auditor shall administer hand counts under this
section of such additional precincts (or alternative audit
units) as the Election Auditor considers appropriate to resolve
any concerns resulting from the audit and ensure the accuracy
of the election results.
``(2) Establishment and publication of procedures governing
additional audits.--Not later than August 1, 2022, each State
shall establish and publish procedures for carrying out the
additional audits under this subsection, including the means by
which the State shall resolve any concerns resulting from the
audit with finality and ensure the accuracy of the election
results.
``(f) Public Observation of Audits.--Each audit conducted under
this section shall be conducted in a manner that allows public
observation of the entire process.
``SEC. 324. SELECTION OF PRECINCTS.
``(a) In General.--Except as provided in subsection (c), the
selection of the precincts or alternative audit units in the State in
which the Election Auditor of the State shall administer the hand
counts under this subtitle shall be made by the Election Auditor on a
random basis, in accordance with procedures adopted by the National
Institute of Standards and Technology, except that at least one
precinct shall be selected at random in each county, with additional
precincts selected by the Election Auditor at the Auditor's discretion.
``(b) Public Selection.--The random selection of precincts under
subsection (a) shall be conducted in public, at a time and place
announced in advance.
``(c) Mandatory Selection of Precincts Established Specifically for
Absentee Ballots.--If a State does not sort absentee ballots by
precinct and include those ballots in the hand count with respect to
that precinct, the State shall create absentee ballot precincts or
audit units which are of similar size to the average precinct or audit
unit in the jurisdiction being audited, and shall include those
absentee precincts or audit units among the precincts in the State in
which the Election Auditor shall administer the hand counts under this
subtitle.
``(d) Deadline for Adoption of Procedures by Commission.--The
National Institute of Standards and Technology shall adopt the
procedures described in subsection (a) not later than March 31, 2022,
and shall publish them in the Federal Register upon adoption.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit under this subtitle, the Election Auditor of a
State shall submit to the Commission the results of the audit, and
shall include in the submission a comparison of the results of the
election in the precinct as determined by the Election Auditor under
the audit and the final unofficial vote count in the precinct as
announced by the State and all undervotes, overvotes, blank ballots,
and spoiled, voided, or cancelled ballots, as well as a list of any
discrepancies discovered between the initial, subsequent, and final
hand counts administered by the Election Auditor and such final
unofficial vote count and any explanation for such discrepancies,
broken down by the categories of votes described in paragraphs (1)(B)
and (2) of section 323(a).
``(b) Publication by Commission.--Immediately after receiving the
submission of the results of an audit from the Election Auditor of a
State under subsection (a), the Commission shall publicly announce and
publish the information contained in the submission.
``(c) Delay in Certification of Results by State.--
``(1) Prohibiting certification until completion of
audits.--No State may certify the results of any election which
is subject to an audit under this subtitle prior to--
``(A) the completion of the audit (and, if
required, any additional audit conducted under section
323(e)(1)) and the announcement and submission of the
results of each such audit to the Commission for
publication of the information required under this
section; and
``(B) the completion of any procedure established
by the State pursuant to section 323(e)(2) to resolve
discrepancies and ensure the accuracy of results.
``(2) Deadline for completion of audits of presidential
elections.--In the case of an election for electors for
President and Vice President which is subject to an audit under
this subtitle, the State shall complete the audits and announce
and submit the results to the Commission for publication of the
information required under this section in time for the State
to certify the results of the election and provide for the
final determination of any controversy or contest concerning
the appointment of such electors prior to the deadline
described in section 6 of title 3, United States Code.
``SEC. 326. PAYMENTS TO STATES.
``(a) Payments for Costs of Conducting Audits.--In accordance with
the requirements and procedures of this section, the Commission shall
make a payment to a State to cover the costs incurred by the State in
carrying out this subtitle with respect to the elections that are the
subject of the audits conducted under this subtitle.
``(b) Certification of Compliance and Anticipated Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission, in such form as the Commission may require, a
statement containing--
``(A) a certification that the State will conduct
the audits required under this subtitle in accordance
with all of the requirements of this subtitle;
``(B) a notice of the reasonable costs incurred or
the reasonable costs anticipated to be incurred by the
State in carrying out this subtitle with respect to the
elections involved; and
``(C) such other information and assurances as the
Commission may require.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the reasonable costs
incurred or the reasonable costs anticipated to be incurred by
the State in carrying out this subtitle with respect to the
elections involved, as set forth in the statement submitted
under paragraph (1).
``(3) Timing of notice.--The State may not submit a notice
under paragraph (1) until candidates have been selected to
appear on the ballot for all of the elections for Federal
office which will be the subject of the audits involved.
``(c) Timing of Payments.--The Commission shall make the payment
required under this section to a State not later than 30 days after
receiving the notice submitted by the State under subsection (b).
``(d) Recoupment of Overpayments.--No payment may be made to a
State under this section unless the State agrees to repay to the
Commission the excess (if any) of--
``(1) the amount of the payment received by the State under
this section with respect to the elections involved; over
``(2) the actual costs incurred by the State in carrying
out this subtitle with respect to the elections involved.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission for fiscal year 2022 and each succeeding
fiscal year $100,000,000 for payments under this section.
``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW
PRIOR TO CERTIFICATION.
``(a) Exception.--This subtitle does not apply to any election for
which a recount under State law will commence prior to the
certification of the results of the election, including but not limited
to a recount required automatically because of the margin of victory
between the 2 candidates receiving the largest number of votes in the
election, but only if each of the following applies to the recount:
``(1) The recount commences prior to the determination and
announcement by the Election Auditor under section 323(a)(1) of
the precincts in the State in which it will administer the
audits under this subtitle.
``(2) If the recount would apply to fewer than 100 percent
of the ballots cast in the election--
``(A) the number of ballots counted will be at
least as many as would be counted if an audit were
conducted with respect to the election in accordance
with this subtitle; and
``(B) the selection of the precincts in which the
recount will be conducted will be made in accordance
with the random selection procedures applicable under
section 324.
``(3) The recount for the election meets the requirements
of section 323(f) (relating to public observation).
``(4) The State meets the requirements of section 325
(relating to the publication of results and the delay in the
certification of results) with respect to the recount.
``(b) Clarification of Effect on Other Requirements.--Nothing in
this section may be construed to waive the application of any other
provision of this Act to any election (including the requirement set
forth in section 301(a)(2) that the voter-verified paper ballots serve
as the vote of record and shall be counted by hand in all audits and
recounts, including audits and recounts described in this subtitle).
``SEC. 328. EFFECTIVE DATE.
``This subtitle shall apply with respect to elections for Federal
office held in 2022 or any succeeding year.''.
SEC. 505202. AVAILABILITY OF ENFORCEMENT UNDER HELP AMERICA VOTE ACT OF
2002.
Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111)
is amended by striking ``sections 301, 302, and 303'' and inserting
``title III''.
SEC. 505203. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT
MECHANISMS.
(a) In General.--Not later than May 1, 2022, the Director of the
National Institute for Standards and Technology shall establish
guidance for States that wish to establish alternative audit mechanisms
under section 322(b) of the Help America Vote Act of 2002 (as added by
section 505201). Such guidance shall be based upon scientifically and
statistically reasonable assumptions for the purpose of creating an
alternative audit mechanism that will be consistent with the principles
for approval described in section 322(b)(2) of such Act (as so added).
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $100,000, to remain available
until expended.
SEC. 505204. CLERICAL AMENDMENT.
The table of contents of the Help America Vote Act of 2002 is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Mandatory Manual Audits
``Sec. 321. Requiring audits of results of elections.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to recount under State law
prior to certification.
``Sec. 328. Effective date.''.
PART 3--OTHER REFORMS TO PROMOTE INTEGRITY OF ELECTIONS
Subpart A--Integrity of Election Administration
SEC. 505301. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION
ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section
319 the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term
`chief State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) serving as a member of an authorized committee of a
candidate for Federal office;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under
paragraph (2) or (3) of section 7323(b) of title 5, United
States Code, if taken by an individual to whom such paragraph
applies (other than any prohibition on running for public
office).
``(d) Exception for Campaigns of Official or Immediate Family
Members.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate.
``(2) Immediate family member defined.--In paragraph (1),
the term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to elections for Federal office held after December
2020.
SEC. 505302. MANDATORY TRAINING FOR POLL WORKERS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. MANDATORY TRAINING FOR POLL WORKERS.
``(a) Training in Applicable Election Laws and Procedures Required
for All Poll Workers.--A State may not assign an individual to serve as
an election official at a polling place for an election for Federal
office, including a location serving as a polling place on a day other
than the date of the election, unless the State certifies to the
Commission that the individual has received training in the election
administration laws and procedures applicable in the jurisdiction in
which the polling place is located.
``(b) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2020 and for any
subsequent election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Mandatory training for poll workers.''.
SEC. 505303. DUE PROCESS REQUIREMENTS FOR INDIVIDUALS PROPOSED TO BE
REMOVED FROM LIST OF ELIGIBLE VOTERS.
(a) Internet Posting of List of Individuals Proposed To Be Removed
From List.--Section 8 of the National Voter Registration Act of 1993
(52 U.S.C. 20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Additional Due Process Requirements for Individuals Proposed
To Be Removed From List of Eligible Voters.--
``(1) Internet posting of names.--On an ongoing basis, the
chief State election official shall post on the Internet a list
showing the name and address of each individual whom the State
intends to remove from the official list of eligible voters in
elections for Federal office in the State, together with
instructions on how an individual may challenge the proposed
removal of the individual's name from the list.
``(2) Requiring opportunity to correct record.--The State
may not remove any individual from the official list of
eligible voters in elections for Federal office in the State
until the expiration of the 60-day period which begins on the
date the chief State election official posts the individual's
name and address on the Internet under paragraph (1).
``(3) Publicizing information on due process
requirements.--The chief State election official shall
disseminate information to the general public regarding the
Internet posting of names and addresses under paragraph (1) and
the opportunity for individuals to correct records under
paragraph (2), including by sending information to media
outlets in the State and by preparing information for
distribution and display by offices of the State motor vehicle
authority.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections for Federal office held during 2022 or
any succeeding year.
SEC. 505304. MANDATORY RESPONSE BY ATTORNEY GENERAL TO ALLEGATIONS OF
VOTER INTIMIDATION OR SUPPRESSION BY LAW ENFORCEMENT
OFFICERS AND OTHER GOVERNMENT OFFICIALS.
(a) Mandatory Response to Allegations.--
(1) In general.--Not later than 30 days after receiving an
allegation described in subsection (b) from any person, the
Attorney General shall--
(A) initiate an investigation of the allegation; or
(B) provide the person with a written statement
that the Attorney General will not investigate the
allegation, and include in the statement the Attorney
General's reasons for not investigating the allegation.
(2) Special rule for allegations received within 30 days of
election.--If the Attorney General receives an allegation
described in subsection (b) during the 30-day period which ends
on the date of an election for Federal office, the Attorney
General shall meet the requirements of paragraph (1) not later
than 48 hours after receiving the allegation.
(b) Allegations Described.--An allegation described in this
subsection is--
(1) an allegation that a law enforcement officer or other
official of a State or local government has intimidated,
threatened, or coerced, or attempted to intimidate, threaten,
or coerce, any individual for voting, or for attempting to
vote, in an election for Federal office; or
(2) an allegation that an election official of a State or
local government has engaged or has attempted to engage in
voter suppression activity.
Subpart B--Removing Barriers to Voting
SEC. 505311. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS;
ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) Establishment of standards by commission.--The
Commission shall establish uniform and nondiscriminatory
standards for the issuance, handling, and counting of
provisional ballots, consistent with the requirements of this
section.
``(2) Compliance with standards.--Each State shall comply
with the standards established by the Commission under this
subsection.
``(3) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment Relating to Effective Date.--Section
302(f) of such Act (52 U.S.C. 21082(f)), as redesignated by subsection
(a), is amended by striking ``Each State'' and inserting ``Except as
provided in subsections (d)(2) and (e)(3), each State''.
SEC. 505312. PROHIBITING IMPOSITION OF CONDITIONS ON VOTING BY MAIL.
(a) Prohibition.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.), as amended by section 505201, is amended by
adding at the end the following new subtitle:
``Subtitle D--Other Requirements To Remove Barriers to Voting
``SEC. 331. PROHIBITING IMPOSITION OF CONDITIONS ON VOTING BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail (including by
absentee ballot), except as required under subsection (b) and except to
the extent that the State imposes a deadline for requesting the ballot
and related voting materials from the appropriate State or local
election official and for returning the ballot to the appropriate State
or local election official.
``(b) Requiring Signature Verification.--A State may not accept and
process an absentee ballot submitted by any individual with respect to
an election for Federal office unless the State verifies the
identification of the individual by comparing the individual's
signature on the absentee ballot with the individual's signature on the
official list of registered voters in the State, in accordance with
such procedures as the State may adopt.
``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2021.''.
(b) Conforming Amendments Relating to Adoption of Voluntary
Guidance by Election Assistance Commission.--
(1) Applicability of voluntary guidance.--Section 311(a) of
such Act (52 U.S.C. 21101(a)) is amended by striking ``subtitle
A'' and inserting ``subtitle A and subtitle D''.
(2) Deadline for adoption.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
subtitle D, June 30, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle D--Other Requirements To Remove Barriers to Voting
``Sec. 331. Prohibiting imposition of conditions on voting by mail.''.
SEC. 505313. MANDATORY AVAILABILITY OF EARLY VOTING.
(a) Mandatory Availability.--Subtitle D of title III of the Help
America Vote Act of 2002, as added by section 505312(a), is amended by
adding at the end the following new section:
``SEC. 332. MANDATORY AVAILABILITY OF EARLY VOTING.
``(a) Requiring Availability of Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to
vote in an election for Federal office during an early voting
period which occurs prior to the date of the election.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall consist
of a period of not fewer than 14 consecutive days (including
weekends) which begins on the 17th day before the date of the
election (or, at the option of the State, on a day prior to the
17th day before the date of the election) and ends on the date
of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 12 hours on each
day, except that the polling place may allow such voting for
fewer than 12 hours on Sundays; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on a public
transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2021.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 505312(c), is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 332. Mandatory availability of early voting.''.
SEC. 505314. REQUIREMENTS FOR AVAILABILITY OF SUFFICIENT POLLING
PLACES, EQUIPMENT, AND RESOURCES.
(a) Requiring States To Meet Requirements.--Subtitle D of title III
of the Help America Vote Act of 2002, as added by section 505312(a) and
as amended by section 505313(a), is amended by adding at the end the
following new section:
``SEC. 333. AVAILABILITY OF SUFFICIENT POLLING PLACES, EQUIPMENT, AND
RESOURCES.
``(a) In General.--In accordance with the standards established
under subsection (b), each State shall provide for--
``(1) an appropriate number and geographic distribution of
voting sites on the day of any election for Federal office and
on any days during which such State allows early voting in such
elections; and
``(2) the minimum required number of voting systems and
other election resources (including all other voting equipment
and supplies) for each such voting site.
``(b) Standards.--
``(1) In general.--Not later than June 30, 2020, the
Commission shall conduct a study and, on the basis of the
findings of the study, issue standards for States to follow in
establishing an appropriate number and geographic distribution
of voting sites in elections for Federal office on the day of
any Federal election and on any days during which the State
allows early voting in such elections, and in providing for the
minimum number of voting systems and other election resources
(including all other voting equipment and supplies) for each
such voting site.
``(2) Distribution.--
``(A) In general.--The standards described in
paragraph (1) shall provide for a uniform and
nondiscriminatory distribution of such sites, systems,
and other resources, and, to the extent possible, shall
take into account, among other factors, the following:
``(i) The voting age population.
``(ii) Voter turnout in past elections.
``(iii) The number of voters registered.
``(iv) The number of voters who have
registered since the most recent Federal
election.
``(v) Census data for the population served
by each voting site.
``(vi) The educational levels and
socioeconomic factors of the population served
by each voting site.
``(vii) The needs and numbers of voters
with disabilities and voters with limited
English proficiency.
``(viii) The type of voting systems used.
``(B) No factor dispositive.--The standards shall
provide that the distribution of voting sites, systems,
and resources should take into account the totality of
all relevant factors, and no single factor shall be
dispositive under the standards.
``(C) Purpose.--To the extent possible, the
standards shall provide for a distribution of voting
sites, systems, and resources with the goals of--
``(i) ensuring a fair and equitable waiting
time for all voters in the State; and
``(ii) preventing a waiting time of over 1
hour at any voting site.
``(3) Deviation.--The standards described in paragraph (1)
shall permit States, upon giving reasonable public notice, to
deviate from any allocation requirements in the case of
unforeseen circumstances such as a natural disaster or
terrorist attack.
``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2021.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 505312(c) and section 505313(b), is amended by
adding at the end of the items relating to subtitle D of title III the
following:
``Sec. 333. Availability of sufficient polling places, equipment, and
resources.''.
PART 4--RULEMAKING AUTHORITY OF ELECTION ASSISTANCE COMMISSION
SEC. 505401. PERMITTING ELECTION ASSISTANCE COMMISSION TO EXERCISE
RULEMAKING AUTHORITY.
(a) Rulemaking Authority.--The Help America Vote Act of 2002 is
amended by striking section 209 (52 U.S.C. 20929).
(b) Clerical Amendment.--The table of contents of such Act is
amended by striking the item relating to section 209.
Subtitle F--Redistricting and Voter Protection
SEC. 50601. SHORT TITLE.
This subtitle may be cited as the ``Redistricting and Voter
Protection Act of 2020''.
SEC. 50602. REQUIRING DECLARATORY JUDGMENT OR PRECLEARANCE AS
PREREQUISITE FOR MULTIPLE CONGRESSIONAL REDISTRICTING
PLANS ENACTED PURSUANT TO SAME DECENNIAL CENSUS AND
APPORTIONMENT OF REPRESENTATIVES.
(a) Declaratory Judgment That Plan Does Not Deny or Abridge Right
To Vote on Account of Race or Color.--Except as provided in subsection
(b), after a State enacts a Congressional redistricting plan in the
manner provided by law after an apportionment of Representatives under
section 22(a) of the Act entitled ``An Act to provide for the fifteenth
and subsequent decennial censuses and to provide for an apportionment
of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a),
any subsequent Congressional redistricting plan enacted by the State
prior to the next apportionment of Representatives under such section
shall not take effect unless and until--
(1) the State commences a civil action in the United States
District Court for the District of Columbia for a declaratory
judgment that such subsequent plan neither has the purpose nor
will have the effect of denying or abridging the right to vote
on account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2) of the Voting Rights
Act of 1965 (52 U.S.C. 10303(f)(2)); and
(2) the court enters such a declaratory judgment.
(b) Preclearance.--A subsequent Congressional redistricting plan
described in subsection (a) may take effect if--
(1) the chief legal officer or other appropriate official
of the State involved submits the plan to the Attorney General
and the Attorney General has not interposed an objection within
60 days of such submission; or
(2) upon good cause shown, to facilitate an expedited
approval within 60 days of such submission, the Attorney
General has affirmatively indicated that such objection will
not be made.
(c) Application of Voting Rights Act of 1965.--For purposes of the
Voting Rights Act of 1965, a declaratory judgment under subsection (a)
or a preclearance under subsection (b), and the proceedings related to
such judgment or preclearance, shall be treated as a declaratory
judgment or preclearance under section 5 of such Act (52 U.S.C. 10304).
SEC. 50603. NO EFFECT ON REDISTRICTING PLANS ENACTED PURSUANT TO COURT
ORDER.
Section 50601 does not apply with respect to any subsequent
Congressional redistricting plan described in section 50601(a) if the
plan is enacted by a State pursuant to a court order in order to comply
with the Constitution or to enforce the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.).
Subtitle G--Democracy Restoration
SEC. 50701. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration Act of
2020''.
SEC. 50702. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the United States
Supreme Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) State disenfranchisement laws vary widely. Two States
do not disenfranchise individuals with criminal convictions at
all. In 34 States, individuals with convictions may not vote
while they are on parole and 30 of those States disenfranchise
individuals on felony probation as well. In 12 States, a
conviction can result in lifetime disenfranchisement.
(6) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(7) In 2016, an estimated 6,100,000 citizens of the United
States, or about 1 in 40 adults in the United States, could not
vote as a result of a felony conviction. Of the 6,100,000
citizens barred from voting then, only 22 percent were in
prison. By contrast, 77 percent of persons disenfranchised then
resided in their communities while on probation or parole or
after having completed their sentences. Approximately 3,100,000
citizens who had completed their sentences were disenfranchised
due to restrictive State laws. As of November 2018, the
lifetime ban for persons with certain felony convictions was
eliminated through a Florida ballot initiative. As a result, as
many as 1,400,000 people are now eligible to have their voting
rights restored. In 6 States--Alabama, Florida, Kentucky,
Mississippi, Tennessee, and Virginia--more than 7 percent of
the total population is disenfranchised.
(8) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
sometimes must either obtain a pardon or an order from the
Governor or an action by the parole or pardon board, depending
on the offense and State. Individuals convicted of a Federal
offense often have additional barriers to regaining voting
rights.
(9) State disenfranchisement laws disproportionately impact
racial and ethnic minorities. As of 2016, more than 7 percent
of the voting-age African-American population, or 2,200,000
African-Americans, were disenfranchised. One out of every 13
African-Americans were unable to vote because of felony
disenfranchisement, which is a rate more than 4 times greater
than non-African-Americans. 7.4 percent of African-Americans
were disenfranchised whereas 1.8 percent of non-African-
Americans were. In 2016, in 4 States--Florida (23 percent),
Kentucky (22 percent), Tennessee (21 percent), and Virginia (20
percent)--more than 1 in 5 African-Americans were unable to
vote because of prior convictions.
(10) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. If current
incarceration trends hold, the lifetime likelihood of
incarceration for males born in 2001 is 17 percent for Latinos,
in contrast to less than 6 percent for non-Latino White men.
When analyzing the data across 10 States, Latinos generally
have disproportionately higher rates of disenfranchisement
compared to their presence in the voting age population. In 6
out of 10 States studied in 2003, Latinos constituted more than
10 percent of the total number of persons disenfranchised by
State felony laws. In 4 States (California, 37 percent; New
York, 34 percent; Texas, 30 percent; and Arizona, 27 percent),
Latinos were disenfranchised by a rate of more than 25 percent.
(11) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(12) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(13) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.
SEC. 50703. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 50704. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation to
the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 50705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2019 and may register to vote in any such election and provide
such individuals with any materials that are necessary to
register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2019 and may register to vote in
any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 50706. DEFINITIONS.
For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 50707. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this subtitle
shall be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this subtitle.
(b) Certain Federal Acts.--The rights and remedies established by
this subtitle are in addition to all other rights and remedies provided
by law, and neither rights and remedies established by this subtitle
shall supersede, restrict, or limit the application of the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter
Registration Act (52 U.S.C. 20501), or the Help America Vote Act of
2002 (52 U.S.C. 20901 et seq.).
SEC. 50708. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that State, unit of local
government, or person--
(1) is in compliance with section 50703; and
(2) has in effect a program under which each individual
incarcerated in that person's jurisdiction who is a citizen of
the United States is notified, upon release from such
incarceration, of that individual's rights under section 50703.
SEC. 50709. EFFECTIVE DATE.
This subtitle shall apply to citizens of the United States voting
in any election for Federal office held on or after the date of the
enactment of this Act.
Subtitle H--Securing and Heightening the Integrity of Our Elections and
Lawful Democracy
SEC. 50801. SHORT TITLE.
This subtitle may be cited as the ``Securing and Heightening the
Integrity of our Elections and Lawful Democracy Act''.
SEC. 50802. ELECTION INTEGRITY.
Subsection (d) of section 201 of the Homeland Security Act of 2002
(6 U.S.C. 121) is amended by adding at the end the following new
paragraph:
``(27)(A) To coordinate cybersecurity efforts between the
Department and political campaign committees in order to--
``(i) develop a program to update computer security
at political campaign committees;
``(ii) share information on cybersecurity risks
with such committees;
``(iii) provide guest lecturer programs in which
professional computer security experts instruct
campaign professionals on how best to defend against
cybersecurity risks; and
``(iv) establish an Election Security Board of
Advisors to make recommendations about securing
elections against cybersecurity risks.
``(B) In this paragraph--
``(i) the term `cybersecurity risk' has the meaning
given such term in section 227; and
``(ii) the term `political campaign committee'
means--
``(I) a political committee under the
Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.), including a political
committee of a national, State, or local
political party; and
``(II) a campaign committee of a candidate
for election for State or local office.''.
Subtitle I--E-Security Fellows
SEC. 50901. SHORT TITLE.
This subtitle may be cited as the ``E-Security Fellows Act''.
SEC. 50902. E-SECURITY FELLOWS PROGRAM TO PROVIDE POLITICAL CAMPAIGN
STAFF WITH TRAINING ON BEST PRACTICES FOR ELECTION
CYBERSECURITY.
(a) Establishment and Operation of Program.--Subtitle C of title II
of the Help America Vote Act of 2002 (52 U.S.C. 20981 et seq.) is
amended--
(1) by redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment and Operation of Program.--The Commission shall
establish and operate a program to be known as the `E-Security Fellows
Program' under which the Commission shall provide participating
individuals who work on political campaigns with training in the best
practices for election cybersecurity, including training in how to
prevent and respond to cybersecurity threats and incidents which are
targeted at political campaigns.
``(b) Regulations.--The Commission shall establish and operate the
Program under this section in accordance with such regulations as the
Commission may promulgate.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2020 and each succeeding fiscal year.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 247 as
relating to section 248; and
(2) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. E-Security Fellows Program.''.
Subtitle J--Deceptive Practices and Voter Intimidation Prevention
SEC. 51001. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2020''.
SEC. 51002. FINDINGS.
Congress makes the following findings:
(1) The right to vote by casting a ballot for one's
preferred candidate is a fundamental right accorded to United
States citizens by the Constitution, and the unimpeded exercise
of this right is essential to the functioning of our democracy.
(2) Historically, certain citizens, especially racial,
ethnic, and language minorities, were prevented from voting
because of significant barriers such as literacy tests, poll
taxes, and property ownership requirements.
(3) Some of these barriers were removed by the 15th, 19th,
and 24th Amendments to the Constitution.
(4) Despite the elimination of some of these barriers to
the polls, the integrity of today's elections is threatened by
newer tactics aimed at suppressing voter turnout. These tactics
include ``deceptive practices'', which involve the
dissemination of false or misleading information intended to
prevent voters from casting their ballots, prevent voters from
voting for the candidate of their choice, intimidate the
electorate, and undermine the integrity of the electoral
process.
(5) Furthermore, since the decision in Shelby County v.
Holder in which the Supreme Court struck down the coverage
formula used by the Voting Rights Act of 1965 to determine
which States with a history of racial discrimination must
affirmatively receive government permission before changing
local voting laws, there have been Federal court decisions
finding or affirming that States or localities intentionally
discriminated against African Americans and other voters of
color.
(6) Denials of the right to vote, and deceptive practices
designed to prevent members of racial, ethnic, and language
minorities from exercising that right, are an outgrowth of
discriminatory history, including slavery. Measures to combat
denials of that right are a legitimate exercise of
congressional power under article I, section 4 and article II,
section 1 of, and the 14th and 15th Amendments to, the United
States Constitution.
(7) For the last few decades, there have been a number of
instances of deceptive or intimidating practices aimed towards
suppressing minority access to the voting booth that
demonstrates the need for strengthened protections.
(8) In addition, in at least one instance in 1990,
thousands of voters reportedly received postcards providing
false information about voter eligibility and warnings about
criminal penalties for voter fraud. Most of the voters who
received the postcards were African American.
(9) During the 2004 elections, Native American voters in
South Dakota reported being required to provide photographic
identification in order to vote, despite the fact that neither
State nor Federal law required such identification.
(10) In the 2006 midterm elections, thousands of Latino
voters received mailings warning them in Spanish that voting in
a Federal election as an immigrant could result in
incarceration--despite the fact that any immigrant who is a
naturalized citizen of the United States has the same right to
vote as any other citizen.
(11) In 2008, fliers were distributed in predominantly
African-American neighborhoods falsely warning that people with
outstanding warrants or unpaid parking tickets could be
arrested if they showed up at the polls on Election Day. In the
same year, there were reports of people receiving text messages
on Election Day asking them to wait until the following day to
vote.
(12) In 2012, there were reports of voters receiving calls
falsely informing them that they could vote via telephone.
(13) In the 2016 elections, there were reports of students
receiving fliers stating that in order to vote in a local
precinct, they had to pay to change their driver's license and
re-register vehicles in the city in which the precinct was
located.
(14) Those responsible for these and similar efforts should
be held accountable, and civil and criminal penalties should be
available to punish anyone who seeks to keep voters away from
the polls by providing false information.
(15) Moreover, the Federal Government should help correct
such false information in order to assist voters in exercising
their right to vote without confusion and to preserve the
integrity of the electoral process.
(16) The Federal Government has a compelling interest in
``protecting voters from confusion and undue influence'' and in
``preserving the integrity of its election process''. Burson v.
Freeman, 504 U.S. 191, 199 (1992).
(17) The First Amendment does not preclude the regulation
of some intentionally false speech, even if it is political in
nature. As the Supreme Court of the United States has
recognized, ``[t]hat speech is used as a tool for political
ends does not automatically bring it under the protective
mantle of the Constitution. For the use of the known lie as a
tool is at once at odds with the premises of democratic
government and with the orderly manner in which economic,
social, or political change is to be effected . . . . Hence the
knowingly false statement and the false statement made with
reckless disregard of the truth, do not enjoy constitutional
protection.''. Garrison v. Louisiana, 379 U.S. 64, 75 (1964).
SEC. 51003. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate or cause to be
communicated information described in subparagraph (B),
or produce information described in subparagraph (B)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (5); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal penalties
associated with voting in any such
election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate, or cause to be
communicated, a materially false statement about an
endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Definition of `materially false'.--For
purposes of subparagraph (A), a statement about an
endorsement is `materially false' if, with respect to
an upcoming election described in paragraph (5)--
``(i) the statement states that a
specifically named person, political party, or
organization has endorsed the election of a
specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or
organization has not endorsed the election of
such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color of
law or otherwise, shall intentionally hinder, interfere with,
or prevent another person from voting, registering to vote, or
aiding another person to vote or register to vote in an
election described in paragraph (5).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, or special election
held solely or in part for the purpose of nominating or
electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2), (b)(3), or (b)(4) may institute a civil action for
preventive relief, including an application in a United States
district court for a permanent or temporary injunction,
restraining order, or other order. In any such action, the
court, in its discretion, may allow the prevailing party a
reasonable attorney's fee as part of the costs.''.
(2) Conforming amendments.--
(A) Subsection (e) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(e)) is amended by striking
``subsection (c)'' and inserting ``subsection (c)(1)''.
(B) Subsection (g) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(g)) is amended by striking
``subsection (c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph
(A), by striking ``at any election'' and inserting ``at
any general, primary, run-off, or special election'';
and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (e), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to mislead voters, or
the intent to impede or prevent another person
from exercising the right to vote in an
election described in subsection (e).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal penalties
associated with voting in any such
election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from voting,
registering to vote, or aiding another person to vote or
register to vote in an election described in subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Attempt.--Any person who attempts to commit any offense
described in subsection (a), (b)(1), or (c)(1) shall be subject to the
same penalties as those prescribed for the offense that the person
attempted to commit.
``(e) Election Described.--An election described in this subsection
is any general, primary, run-off, or special election held solely or in
part for the purpose of nominating or electing a candidate for the
office of President, Vice President, presidential elector, Member of
the Senate, Member of the House of Representatives, or Delegate or
Commissioner from a Territory or possession.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this title
or imprisoned not more than one year'' and inserting ``fined
not more than $100,000, imprisoned for not more than 5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days
after the date of enactment of this Act, the United
States Sentencing Commission, pursuant to its authority
under section 994 of title 28, United States Code, and
in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted
of any offense under section 594 of title 18, United
States Code, as amended by this section.
(B) Authorization.--The United States Sentencing
Commission may amend the Federal Sentencing Guidelines
in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had
not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 51004. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)),
as added by section 51003(a), and if the Attorney General
determines that State and local election officials have not
taken adequate steps to promptly communicate accurate
information to correct the materially false information, the
Attorney General shall, pursuant to the written procedures and
standards under subsection (b), communicate to the public, by
any means, including by means of written, electronic, or
telephonic communications, accurate information designed to
correct the materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this subtitle.
SEC. 51005. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2), (3), and
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as
added by section 51003(a), relating to the general election for Federal
office and any primary, run-off, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 51004(a) in
response to an allegation described in subparagraph
(A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 51003(b), in
connection with an allegation described in subparagraph
(A); and
(F) a description of any criminal prosecution
instituted under section 594 of title 18, United States
Code, as amended by section 51003(c), in connection
with the receipt of an allegation described in
subparagraph (A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
SEC. 51006. SEVERABILITY.
If any provision of this subtitle or any amendment made by this
subtitle, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this
subtitle and the amendments made by this subtitle, and the application
of the provisions and amendments to any person or circumstance, shall
not be affected by the holding.
Subtitle K--Election Day Holiday
SEC. 51101. SHORT TITLE.
This subtitle may be cited as the ``Election Day Holiday Act of
2020''.
SEC. 51102. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC
HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.
For purposes of any law relating to Federal employment, the Tuesday
next after the first Monday in November in 2020 and each even-numbered
year thereafter shall be treated in the same manner as a legal public
holiday described in section 6103 of title 5, United States Code.
SEC. 51103. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE
EMPLOYERS.
It is the sense of Congress that private employers in the United
States should give their employees a day off on the Tuesday next after
the first Monday in November in 2020 and each even-numbered year
thereafter to enable the employees to cast votes in the elections held
on that day.
Subtitle L--Stop Automatically Voiding Eligible Voters Off Their
Enlisted Rolls in States
SEC. 51201. SHORT TITLE.
This subtitle may be cited as the ``Stop Automatically Voiding
Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save
Voters Act''.
SEC. 51202. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED
VOTERS.
(a) Conditions Described.--The National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8
the following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF
REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable Evidence of
Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote in
elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence, that
the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (1), the
following factors, or any combination thereof, shall not be
treated as objective and reliable evidence of a registrant's
ineligibility to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to
any notice sent under section 8(d), unless the notice
has been returned as undeliverable.
``(C) The failure of the registrant to take any
other action with respect to voting in any election or
with respect to the registrant's status as a
registrant.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a
State removes the name of a registrant from the
official list of eligible voters for any reason, the
State shall send notice of the removal to the former
registrant, and shall include in the notice the grounds
for the removal and information on how the former
registrant may contest the removal or be reinstated,
including a telephone number for the appropriate
election official.
``(B) Exceptions.--Subparagraph (A) does not apply
in the case of a registrant--
``(i) who sends written confirmation to the
State that the registrant is no longer eligible
to vote in the registrar's jurisdiction in
which the registrant was registered; or
``(ii) who is removed from the official
list of eligible voters by reason of the death
of the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters (as
described in section 8(a)(4)), the State shall disseminate a
public notice through such methods as may be reasonable to
reach the general public (including by publishing the notice in
a newspaper of wide circulation or posting the notice on the
websites of the appropriate election officials) that list
maintenance is taking place and that registrants should check
their registration status to ensure no errors or mistakes have
been made. The State shall ensure that the public notice
disseminated under this paragraph is in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters who have low vision or are
blind.''.
(b) Conditions for Transmission of Notices of Removal.--Section
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end
the following new paragraph:
``(4) A State may not transmit a notice to a registrant
under this subsection unless the State obtains objective and
reliable evidence (in accordance with the standards for such
evidence which are described in section 8A(a)(2)) that the
registrant has changed residence to a place outside the
registrar's jurisdiction in which the registrant is
registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a)
of such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and
inserting ``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and
inserting ``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is
amended by striking ``, registrants'' and inserting ``, and
subject to section 8A of such Act, registrants''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle M--VoteSafe
SEC. 51301. SHORT TITLE.
This subtitle may be cited as the ``VoteSafe Act of 2020''.
SEC. 51302. FINDINGS.
Congress finds the following:
(1) The right to vote is the foundation of American
democracy. Voting provides the citizenry with a vital check on
their elected officials and grants people the political power
necessary to exercise and defend the rights guaranteed by the
United States Constitution.
(2) The Elections Clause of the United States Constitution
gives Congress sweeping power to regulate the time, place, and
manner of Federal elections (Article I, section 4 of the
Constitution of the United States; see also Arizona v. Inter
Tribal Council of Arizona, Inc., 570 U.S. 1 (2013)). Congress
also has enforcement power under the Fourteenth and Fifteenth
Amendments of the Constitution of the United States.
(3) As Dr. Martin Luther King, Jr., explained in a speech
delivered on May 17, 1957, ``So long as I do not firmly and
irrevocably possess the right to vote I do not possess myself.
I cannot make up my mind--it is made up for me. I cannot live
as a democratic citizen, observing the laws I have helped to
enact--I can only submit to the edict of others.''.
(4) The right to vote was not guaranteed to all Americans
at our Nation's founding. The ratification of the Fifteenth and
Nineteenth Amendments, the civil rights movement's struggle for
justice and equality, and the enactment of the Voting Rights
Act of 1965 and its subsequent amendments succeeded in
expanding access to the franchise.
(5) Unfortunately, the barriers faced by voters who have
historically experienced the greatest obstacles to voting are
exacerbated by the coronavirus (COVID-19) pandemic.
(6) Strategies to mitigate the spread of COVID-19 include
``social distancing'', a practice that requires individuals to
maintain a distance between themselves and other people in
order to avoid acquiring or transmitting the virus. The need to
embrace such precautions will require States to quickly modify
voting processes to minimize person-to-person contact.
(7) Voting by mail is a critical part of the solution and
must be expanded as quickly as possible, not simply as a means
of ensuring access during public health emergencies, but also
as a means of expanding access to the franchise to those whose
work, health, or ability to access the ballot may be limited.
(8) However, safe and secure in-person voting remains
vitally important for large groups of voters, including voters
with disabilities, language minority voters, American Indian
and Alaska Native voters, and African-American voters.
(9) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.) require that individuals with disabilities have
equal access to every aspect of the voting process. Vote-by-
mail poses various accessibility challenges for voters with
disabilities, including blind, low-vision, or other print-
disabled voters who may require in-person voting or assistive
technology in order to privately and independently mark their
ballots. Remedies for voters with disabilities require an
investment of resources to ensure State and local election
websites, online voter registration portals, and vote-by-mail
systems are accessible; that in-person voting locations permit
a safe, dignified, and accessible voting experience; and that
the right of voters with disabilities to a secret ballot is not
sacrificed due to the pandemic.
(10) Language minority voters face unique barriers to
voting that require additional resources and support to ensure
full and equal access, including additional resources to ensure
local compliance with the language minority voting protections
in section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503) and greater language assistance services, including
additional bilingual or multilingual poll workers and election
workers.
(11) American Indian and Alaska Native voters face unique
obstacles in a vote-by-mail system. Tribal communities in rural
areas often do not have traditional residential mailing
addresses and have limited access to transportation. Tribal
members have distant rural post offices, slow mail routes,
limited numbers of post office operation, and too few post
office boxes. As a result, rural Tribal communities require
distinct voting accommodations to ensure participation in a
vote-by-mail system.
(12) Finally, in-person voting holds great significance for
African-American voters, for whom the right to vote was hard
won. African Americans have been excluded from the franchise
through State and local laws, poll taxes, voting literacy
tests, physical violence, and lynchings. For many African-
American voters today, casting a ballot at one's polling place
is a solemn ritual that honors those who sacrificed their
safety and their lives in order to secure the right to vote.
However, COVID-19 poses substantial risks to the African-
American population and has infected and killed African
Americans in the United States at disproportionately high
rates, highlighting longstanding inequalities in resources and
access to health care.
(13) Social distancing designed to curb the COVID-19
pandemic will also greatly impact in-person voter registration
efforts, including voter registration drives and voter
registration services required by the National Voter
Registration Act. Many government offices, like State
departments of motor vehicles, are currently closed to in-
person traffic and are likely to remain closed for an
indefinite period of time in 2020.
(14) Therefore, it is appropriate for Congress to expand
no-excuse absentee vote-by-mail while also ensuring the safety
and accessibility of in-person voting and voter registration
during exigent circumstances, including the current pandemic.
SEC. 51303. REQUIREMENTS FOR NO-EXCUSE ABSENTEE VOTING, EARLY IN-PERSON
VOTING, AND PLAN TO ENSURE POLLING PLACES IMPLEMENT CDC
GUIDANCE FOR FEDERAL ELECTIONS IN 2020.
(a) Applicable Federal Election.--For purposes of this section, the
term ``applicable Federal election'' means any election for Federal
office which occurs on or after the date that is 60 days after the date
of the enactment of this Act and before January 1, 2023.
(b) Requirements.--In the case of any applicable Federal election,
each State and local jurisdiction shall--
(1) permit no-excuse mail-in absentee voting as described
in subsection (c);
(2) maintain an early in-person voting period as described
in subsection (d); and
(3) establish a plan as described in subsection (e) with
respect to in-person voting, including during early voting
periods and on the day of the election.
(c) No-Excuse Mail-In Absentee Voting.--
(1) In general.--No-excuse mail-in absentee voting meets
the requirements described in this subsection with respect to
an applicable Federal election, if the State--
(A) provides a no-excuse mail-in ballot to every
registered voter who requests such a ballot (or, in the
case of any State that does not register voters, to
every individual who is eligible to vote and requests
such a ballot);
(B) allows voters to request a mail-in ballot
online;
(C) if the State requires a signature for absentee
ballots, allows voters to sign the ballot by providing
a mark or signature stamp or by providing a signature
with the use of an assistant because of age,
disability, or other need;
(D) accepts and counts ballots received before the
State's certification deadline if the ballot--
(i) is postmarked by the date of the
election; or
(ii) includes an indication that it was
mailed by the date of the election;
(E) provides a pre-paid and self-sealing return
envelope for each ballot furnished by mail;
(F) beginning with the date that is 45 days before
the date of the election and ending with the time that
polls close on the date of the election, provides in-
person, secured drop boxes;
(G) before discarding any absentee ballot for error
or technicalities (including the failure to meet any
signature matching requirement that is unrelated to
voter qualification)--
(i) notifies the voter of any such defects;
and
(ii) provides the voter an opportunity to
cure such defects that--
(I) is uniform among all voters in
the State; and
(II) in the case of any error
relating to a signature requirement,
meets the requirements of paragraph
(2);
(H) in the case of any voter with disabilities--
(i) provides the voter with access to
Remote Access Vote By Mail (RAVBM) systems,
ballot marking software, and screen reading
software; and
(ii) allows the voter to receive assistance
from a person of their choosing to complete and
submit a mail-in ballot; and
(I) ensures adequate support for language minority
voters, including multilingual versions of vote-by-mail
materials and language assistance services.
(2) Requirements relating to signature defects.--The
requirements of this paragraph relating to any defect described
in paragraph (1)(G)(ii)(II) are the following:
(A) Except as provided in subparagraph (B), the
voter shall be allowed to cure the defect through the
same form of communication with respect to which the
notice of such defect is provided.
(B) In any case in which a required signature is
missing, the voter shall be provided an opportunity to
provide such signature on a form provided by the State.
(C) Any determination of the validity of the ballot
shall be made by a group of 2 or more election
officials.
(D) The voter shall have the opportunity to appeal
any rejection of the ballot based on the defect.
(d) Early In-Person Voting Period.--The early in-person voting
period described in this subsection with respect to an applicable
Federal election is a period of at least 20 days. Such period must
include at least one Saturday and one Sunday. For each day of early in-
person voting during such period, polls must be open for a minimum of
10 hours, including hours before and after the standard work day.
(e) Plan To Implement CDC Guidance.--
(1) In general.--The requirement described in this
subsection with respect to in person voting is met if the State
establishes a plan to ensure that polling places are
implementing Centers for Disease Control and Prevention
guidance relating to COVID-19 preparedness. Such plan must be
finalized and approved by the State within 30 days of the date
of enactment of this Act.
(2) Minimum requirements.--At a minimum, a State plan
established under this subsection must include a plan--
(A) to keep as many voting locations as possible
open during the pandemic;
(B) to prepare polling locations to implement
social distancing protocols in lines and at voting
booths;
(C) to provide sufficient quantities of hygiene and
cleaning supplies at polling locations;
(D) to increase the number of--
(i) paper ballots and provisional ballots
(including the numbers of such ballots that are
translated, multilingual, or in-language
ballots) available at each polling place; and
(ii) disposable ballot marking utensils
available at each polling place;
(E) to provide masks and other personal protective
equipment to poll workers;
(F) to provide additional compensation to poll
workers during the pandemic;
(G) to increase the number of poll workers who can
reliably staff voting locations;
(H) to provide training to poll workers on pandemic
conditions and COVID-19 preparedness; and
(I) to educate voters on changes to procedures or
voting opportunities during the pandemic.
(f) Private Right of Action.--Any person aggrieved by a violation
of paragraph (1) or (2) of subsection (a) (relating to requirements for
no-excuse mail-in absentee voting and early in-person voting period)
may bring an action for all appropriate remedies, including injunctive
relief and compensatory and punitive damages, in a Federal district
court of competent jurisdiction.
(g) Payments to States To Carry Out Requirements.--
(1) In general.--The Election Assistance Commission shall
make a payment to each State to carry out the requirements
under this section. Such payments shall be made not later than
30 days after the date of enactment of this Act.
(2) Amount of payment.--
(A) In general.--The amount of payment made to a
State under this subsection shall be the voting age
population proportion amount described in subparagraph
(B).
(B) Voting age population proportion amount.--
(i) In general.--The voting age population
proportion amount described in this paragraph
is the product of--
(I) the amount made available for
payments under paragraph (3) section;
and
(II) the voting age population
proportion for the State (as defined in
clause (ii)).
(ii) Voting age population proportion
defined.--The term ``voting age population
proportion'' means, with respect to any State,
the amount equal to the quotient of--
(I) the voting age population of
the State (as determined by the most
recent American Community Survey
conducted by the Bureau of the Census);
and
(II) the total voting age
population of all States (as determined
by the most recent American Community
Survey conducted by the Bureau of the
Census).
(3) Funding.--There are authorized to be appropriated to
make payments under this subsection $2,500,000,000 for fiscal
year 2022.
SEC. 51304. GRANTS TO PROMOTE SAFE, ACCESSIBLE, AND EFFICIENT IN-PERSON
VOTING.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end
the following:
``PART VII--GRANT PROGRAM TO PROMOTE SAFE, ACCESSIBLE, AND EFFICIENT
IN-PERSON VOTING
``SEC. 297. PAYMENTS TO STATES.
``(a) In General.--The Commission shall make a payment to each
eligible State (as described in section 298(a)). Such payments shall be
made not later than 30 days after the date of enactment of this part.
``(b) Use of Funds.--An eligible State shall use the payment
received under this part to carry out one or more of the authorized
activities described in section 298(b) with respect to elections for
Federal office.
``(c) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the voting age
population proportion amount described in paragraph (2) plus
any additional amount determined by the Commission under
paragraph (3).
``(2) Voting age population proportion amount.--
``(A) In general.--The voting age population
proportion amount described in this paragraph is the
product of--
``(i) the aggregate amount made available
for payments under this section minus the total
of all of the additional payment amounts
determined under paragraph (3); and
``(ii) the voting age population proportion
for the State (as defined in subparagraph (B)).
``(B) Voting age population proportion defined.--
The term `voting age population proportion' means, with
respect to an eligible State, the amount equal to the
quotient of--
``(i) the voting age population of the
State (as determined by the most recent
American Community Survey conducted by the
Bureau of the Census); and
``(ii) the total voting age population of
all States (as determined by the most recent
American Community Survey conducted by the
Bureau of the Census).
``(3) Determination of additional amount based on needs of
voting age population in state.--The Commission shall, with
respect to each eligible State, determine an amount of payment
for the State in addition to the amount determined under
paragraph (2) based on the needs of the voting age population
in the State. In determining such additional amount of payment
with respect to an eligible State, the Commission shall take
into account--
``(A) the number of individuals with income below
250 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)));
``(B) the number of individuals in the voting age
population of the State covered by section 203 of the
Voting Rights Act (52 U.S.C. 10503);
``(C) the number of individuals with a disability
as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102);
``(D) the number of individuals who live in a
nonmetropolitan area (as determined by the Bureau of
the Census); and
``(E) the number of individuals who belong to an
Indian tribe (as such term is defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)).
``(4) Distribution of funds to units of local government.--
At least 70 percent of funds provided to a State under this
part shall be distributed to units of local government to carry
out one or more of the authorized activities described in
section 298(b) with respect to elections for Federal office.
``SEC. 298. ELIGIBILITY FOR PAYMENT; AUTHORIZED ACTIVITIES.
``(a) In General.--Each State that desires to receive a payment
under this part shall submit a certification of intent to use such
funds for at least one of the authorized activities described in
subsection (b) with respect to elections for Federal office.
``(b) Authorized Activities Described.--Funds provided under this
part shall be used for one or more of the following authorized
activities:
``(1) Funding to ensure elections are accessible during
pandemic.--Ensuring voters can safely access polling sites
during the COVID-19 pandemic, including--
``(A) expanding the number of voting locations, as
well as the days and hours of early in-person voting;
``(B) providing mobile voting centers and temporary
voting stations, including advance notice of schedule
and locations;
``(C) increasing the ratio of machines and poll
workers to voters in each precinct;
``(D) preparing polling locations to implement
social distancing protocols in lines and voting booths;
``(E) providing sufficient quantities of hygiene
and cleaning supplies, including materials to sanitize
voting machines after each use;
``(F) increasing the number of paper ballots
available at each polling location;
``(G) providing masks, gloves, and other personal
protective equipment to poll workers;
``(H) increasing pay for poll workers during the
COVID-19 pandemic; and
``(I) providing voter education on changes or
improvements to election procedures, accessibility, or
voting opportunities during the pandemic.
``(2) Funding to ensure elections are accessible to
individuals with disabilities during pandemic.--Ensuring voters
can safely register, access polling sites, and vote by mail
during the COVID-19 pandemic, in accordance with this Act, the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), the Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee et seq.), and other applicable law, by
improving polling place accessibility and providing
accommodations for individuals with disabilities, including--
``(A) purchasing Remote Access Vote By Mail (RAVBM)
systems, ballot marking devices and software, and
screen reading software, and making them available to
voters with disabilities;
``(B) equipping polling locations with technologies
that enable individuals with disabilities to privately
and independently mark, verify, and cast their ballots,
including through the availability of ballot marking
devices, headsets, controllers, and other assistive
devices;
``(C) making permanent or temporary modifications
to render polling places accessible;
``(D) ensuring appropriate polling place siting to
avoid locations that pose higher health risks to the
public;
``(E) conducting analysis on polling place
reconfiguration to account for social distancing and
implementing changes;
``(F) providing training for poll workers on how to
best serve individuals during the pandemic, including
specialized training for serving individuals with
disabilities;
``(G) assessing the accessibility of election
websites and remediating any accessibility problems to
ensure voter information is clear and accessible; and
``(H) providing fully accessible online voter
registration services.
``(3) Funding to ensure continuing protections for language
minority voters.--Ensuring continuing protections for language
minority voters, including--
``(A) ensuring compliance with section 203 of the
Voting Rights Act of 1965 (52 U.S.C. 10503)--
``(i) with respect to vote-by-mail and new
voter registration procedures; and
``(ii) with respect to voting materials (as
such term is defined in such section);
``(B) ensuring adequate support for such
individuals (including for language minority voters who
do not reside in jurisdictions covered by section 203
of the Voting Rights Act), including through--
``(i) language assistance hotlines in
covered languages;
``(ii) phone interpretation and interpreter
services;
``(iii) funding to produce, print, and
distribute multi-lingual versions of materials;
``(iv) enhancing in-language media
advertising regarding polling place changes;
``(v) recruiting and hiring bilingual or
multilingual election workers; and
``(vi) enhancing in-language media
advertising regarding procedures for obtaining
and returning mail-in ballots; and
``(C) providing voter education on activities
carried out under this paragraph.
``(4) Funding to ensure voting access by american indian
and alaska native voters and rural voters.--Ensuring voting
access American Indian and Alaska Native voters and rural
voters, including--
``(A) ensuring polling place availability within 20
miles of where voters live;
``(B) providing transportation services for
American Indian, Alaska Native, and rural voters to
reach their nearest polling location;
``(C) establishing polling places in Indian
country, as defined in section 1151 of title 18, United
States Code, and on any land in Alaska owned pursuant
to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that are open for voting days and hours
commensurate with polling place days and hours in urban
areas within the State;
``(D) giving Indian tribes, as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304), authority to designate
buildings that can be used as a residential address for
voter registration and for physical sites for ballot
pickup, drop-off, and collection;
``(E) offering information in unwritten languages
or languages not widely used in written form, in
consultation with relevant Tribal governments;
``(F) collecting ballots from remote polling
locations, ballot collection boxes, and tribally
designated buildings;
``(G) carrying out any activities permitted under
paragraph (2) to improve accessibility for American
Indian and Alaska Native voters with disabilities; and
``(H) providing voter education on the activities
carried out under this paragraph.
``(5) Curbside voting.--The implementation and promotion of
curbside voting to allow individuals to pick up ballots,
complete them, and return them to a poll worker from their
vehicles.
``(6) Funding to meet maximum wait time standard at polling
locations.--
``(A) In general.--The implementation of standards
that reduce wait times at polling locations.
``(B) Certification requirement.--In the case where
the State uses funds for purposes described in
subparagraph (A) with respect to an election for
Federal office, the State shall certify to the
Commission within 120 days of the election that wait
time standards were met in the State with respect to
such election.
``(7) Funding for publication of wait times.--
``(A) In general.--The development or
implementation of an accessible, web-based platform for
the publication of wait times for voting in Federal
elections.
``(B) Requirement.--If a State uses funds for a
purpose described in subparagraph (A), the State shall
take reasonable steps before using such platform in an
election for Federal office--
``(i) to provide advance training to
election workers regarding use of the platform;
``(ii) to notify voters of the platform;
and
``(iii) to test and verify the security and
functionality of the platform.
``(8) Methods to improve line management.--Implementing
standards to improve line management systems and polling place
management.
``(9) Standards for training and recruitment of poll
workers.--Providing for the training and recruitment of poll
workers, including--
``(A) developing poll worker training curricula and
standards for serving individuals with disabilities and
language minority voters;
``(B) ensuring that poll workers receive training,
which--
``(i) may include remote training; and
``(ii) may cover applicable Federal and
State laws and regulations, recent changes in
election laws and processes, election security
and cyber vulnerabilities, ballot reviews,
incident response, polling accessibility for
language minorities and individuals with
disabilities, and COVID-19 preparedness;
``(C) expanding the number of election workers
hired;
``(D) hiring individuals to serve as election
workers from among high school and college students
and, where feasible, compensating such individuals with
course credits; and
``(E) hiring work-eligible non-citizens to satisfy
the need for bilingual poll workers, where language
assistance is required by law.
``(10) Improving access to voter registration.--Improving
access to voter registration, including--
``(A) authorizing and implementing same day
registration;
``(B) ensuring that online voter registration
systems are in place and have the capacity to process
registration applications electronically;
``(C) expanding online voter registration systems
to allow use by the maximum number of individuals,
including--
``(i) by allowing individuals to register
to vote without records in the department of
motor vehicle system of the State by submitting
their signatures online;
``(ii) by digitally uploading a picture of
the required signature;
``(iii) by allowing individuals to provide
the required signature when voting at the polls
or when returning a mail-in ballot; or
``(iv) by allowing individual to provide a
required signature with a mark or signature
stamp or through the use of an assistant
because of age, disability, or other need;
``(D) sending a voter registration mailer,
including a blank voter registration application, a
self-sealing prepaid return envelope, and instructions
on additional methods to register if the mailer is not
accessible, to all eligible individuals with State
records who are not currently registered to vote; and
``(E) testing capacity to ensure that existing
online voter registration systems can withstand the
likely increase in usage.
``(c) Interagency Consultation.--Not later than 15 days after the
date of enactment of this part, the Commission shall--
``(1) consult with the Centers for Disease Control and
Prevention on preventing transmission of COVID-19 at polling
places and election offices; and
``(2) consult with the Civil Rights Division of the
Department of Justice to ensure changes to voting procedures
made pursuant to this part are nondiscriminatory and comply
with applicable Federal laws, including this Act, the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the
Voting Accessibility for the Elderly and Handicapped Act (42
U.S.C. 1973ee et seq.), the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.), the National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.), and the Help America Vote Act
of 2002 (52 U.S.C. 20901 et seq.).
``SEC. 299. FUNDING; REPORTS.
``(a) In General.--There is authorized to be appropriated, out of
any money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2022, for making payments under this part,
$2,500,000,000. Such amount shall be in addition to other amounts
otherwise available for such purposes.
``(b) Reports.--Not later than one year after the applicable
election for which a payment was provided under this part, each
eligible State that received such funds shall submit a report to the
Commission on the activities conducted using such payment and to
substantiate authorized activities described in section 298(b) carried
out using such funds. Not later than 30 days after receipt of such
reports, the Commission shall transmit such reports to the Committee on
Rules and Administration of the Senate and the Committee on House
Administration of the House of Representatives.''.
(b) Clerical Amendments.--The table of contents of such Act is
amended by inserting after the item relating to section 296 the
following:
``Part VII--Grant Program To Protect In-Person Voting
``Sec. 297. Payments to States.
``Sec. 298. Eligibility for payment; authorized activities.
``Sec. 299. Funding; reports.''.
TITLE VI--SAFE, ACCOUNTABLE, FAIR, EFFECTIVE JUSTICE
SECTION 60101. SHORT TITLE.
This title may be cited as the ``Safe, Accountable, Fair, Effective
Justice Act'' or the ``SAFE Justice Act''.
Subtitle A--Identifying and Reducing Over-Federalization and Over-
Criminalization By Respecting the Balance of Powers Among the States
and the Federal Government
SEC. 60111. COMPILATION AND PUBLICATION OF CRIMINAL OFFENSES TO PROVIDE
FAIR NOTICE TO ADDRESS OVER-FEDERALIZATION.
(a) Compilation and Publication of Criminal Offenses.--Not later
than 180 days after the date of the enactment of this Act, and every
year thereafter, the Attorney General shall, in consultation with
relevant entities within the executive branch, including independent
regulatory agencies, compile a publicly available and free of charge
listing of--
(1) the various Federal law violations that carry criminal
penalties;
(2) location/citation of the violation;
(3) the potential criminal penalty for a violation; and
(4) the mens rea required for the offense.
To ensure that individuals have fair notice of prohibited conduct and
the criminal penalties they bring, the Attorney General shall publicize
the existence of this database and publish the database on the
Department of Justice website.
(b) Oversight To Address Over-Federalization.--Each executive
branch agency must obtain the express prior approval of the Attorney
General for each added criminal penalty resulting from agency
regulation.
SEC. 60112. PROCEDURES TO REDUCE OVER-FEDERALIZATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, in order to reduce over-federalization and over-
incarceration, the Attorney General shall create and implement
procedures--
(1) to provide coordination by Federal prosecutors and law
enforcement agencies with other Federal agencies to determine--
(A) whether unlawful conduct that involves the
administrative competencies of other Federal agencies
is best addressed by civil sanctions or criminal
charges; and
(B) if such conduct is best addressed by criminal
charges, whether diversion or criminal prosecution is
more appropriate; and
(2) to provide coordination by Federal prosecutors and law
enforcement agencies with State prosecutors and law enforcement
agencies to reduce duplicative Federal prosecutions of the same
offender for the same conduct that may be prosecuted at the
State level.
(b) Report by Inspector General.--Not later than 1 year after the
date of the enactment of this Act, the Inspector General of the
Department of Justice shall report to the Congress, for the period
beginning on the date of the enactment of this Act and ending as
closely as feasible to the date on which the report is made, on--
(1) the number of cases referred from law enforcement or
other agencies for Federal prosecution in which the alleged
unlawful conduct involved a violation of a regulation
promulgated by a Federal agency other than the Department of
Justice; or
(2) the number of cases accepted for Federal prosecution--
(A) by judicial district;
(B) by mens rea;
(C) by penalty imposed;
(D) by costs;
(3) the estimated Federal correctional costs of those cases
in prison bed-years;
(4) the number of cases declined for Federal prosecution;
and
(5) the number of cases accepted for Federal prosecution by
offense by judicial district, including the offense's mens rea
and criminal penalty imposed.
SEC. 60113. PROCEDURES TO REDUCE PRETRIAL DETENTION.
(a) Guidance by Attorney General.--Not later than 180 days after
the date of the enactment of this Act, the Attorney General, in
consultation with the Criminal Law Committee of the Judicial Conference
of the United States, the United States Probation and Pretrial
Services, and a Federal public or community defender from the Defender
Services Advisory Group, shall create and implement procedures to
reduce over-incarceration due to the unnecessary use of pretrial
detention in certain cases in order to--
(1) reduce overcrowding of pretrial detention facilities;
and
(2) reduce the cost of pretrial detention.
(b) Considerations To Be Taken Into Account in Creating
Procedures.--In carrying out subsection (a), the Attorney General and
the Director of the United States Courts shall take into consideration
in creating and implementing their respective procedures--
(1) whether in Federal cases a summons instead of an arrest
should be the default procedure;
(2) whether in some or most cases where a summons would not
be sufficient, other least restrictive alternatives would be
preferable to pretrial detention;
(3) the need to avoid seeking bonds that offenders are
unable to meet, which is tantamount to seeking pretrial
detention;
(4) the extent to which pretrial detention results from the
disproportionate pretrial detention of individuals with fewer
economic means;
(5) the impact of pretrial detention on loss of employment
and housing; and
(6) the need to avoid pretrial detention that is not
necessary to ensure the appearance of the defendant as required
and the safety of the public as required under section 3142 of
title 18, United States Code.
(c) Report by Inspector General.--Not later than 1 year after the
date of the enactment of this Act, the Inspector General of the
Department of Justice shall report to the Congress on the procedures
created under this section, and address whether and to what extent
those procedures are likely to accomplish their intended purposes. In
the report, the Inspector General may include recommendations for
further changes in procedures that would better accomplish the purposes
set forth in subsection (a), taking into account the considerations
described in subsection (b).
SEC. 60114. ANNUAL REVIEW AND REPORTS OF THE CITIZEN COMPLAINT PROCESS.
The Office of the Inspector General shall--
(1) conduct an annual review of citizen complaints to
determine whether the Office of Professional Responsibility has
taken appropriate disciplinary measures against prosecutors who
have mishandled cases or engaged in misconduct; and
(2) publish in a report to Congress each case in which any
judge or court has found that a prosecutor or law enforcement
officer engaged in misconduct, whether such a finding resulted
in reversal, vitiation, or vacatur of a conviction or sentence.
SEC. 60115. FOCUSING FEDERAL CRIMINAL PENALTIES FOR SIMPLE POSSESSION
TO PLACES OF SPECIAL FEDERAL INTEREST IN RECOGNITION OF
THE BALANCE OF POWER BETWEEN THE FEDERAL GOVERNMENT AND
THE STATES.
Section 404 of the Controlled Substances Act (21 U.S.C. 844) is
amended by inserting after ``It shall be unlawful for any person'' each
place it appears the following: ``within the special maritime and
territorial jurisdiction of the United States (as defined for the
purposes of title 18, United States Code)''.
Subtitle B--Creating a Performance-Incentive Funding Program
SEC. 60201. CALCULATION OF SAVINGS.
(a) Calculation of Revocation Baseline.--
(1) General rule.--The Director of the Administrative
Office of the United States Courts, in consultation with the
Director of the Bureau of Prisons and the United States
Sentencing Commission, shall calculate for each Federal
judicial district a baseline revocation rate.
(2) Method of calculation.--The baseline revocation rate
for a judicial district is the percentage equivalent of the
ratio of the total number of adult supervisees sent to prison
from that district during the baseline period to the total
number of adult supervisees sent to prison nationally during
the same period.
(3) Definitions.--In this subsection--
(A) the term ``sent to prison'' means sent to
Federal or State prison--
(i) for a revocation of probation or
supervised release; or
(ii) for a conviction of a new felony
offense.
(B) The term ``baseline period'' means the period
beginning January 1, 2012, and ending December 31,
2014.
(b) Annual Revocation Calculations.--At the conclusion of the
calendar year following the implementation of subsection (a), and every
calendar year thereafter, the Director of the Administrative Office of
the United States Courts, in consultation with the Director of the
Bureau of Prisons and the United States Sentencing Commission shall
calculate the following measures:
(1) Average revocation cost.--The average revocation cost,
which is the average cost to incarcerate a supervisee revoked
to prison in the previous year, including average length of
stay times average marginal cost per day.
(2) Nationwide revocation rate.--The nationwide revocation
rate, which is calculated as the number of supervisees
nationwide sent to prison in the previous year as a percentage
of the nationwide supervision population as of June 30th of
that year.
(3) District revocation rates.--For each judicial district,
the district's revocation rate, which is calculated as the
number of supervisees from that district sent to prison in the
previous year as a percentage of the district's supervision
population as of June 30th of that year.
(4) Reduction in revocation rate.--For each judicial
district, the reduction in revocation rate is the number of
adult supervisees from each district not revoked to prison,
which is calculated based on the reduction in the district's
revocation rate as calculated under paragraph (3) from the
district's baseline revocation rate as calculated under
subsection (a). In making this estimate, the Director of the
Administrative Office of the United States Courts, in
consultation with the Director of the Bureau of Prisons and the
Judicial Conference of the United States, may adjust the
calculation to account for changes in each district's caseload
in the most recent completed year as compared to the district's
adult supervision population during the years 2012 through
2014.
(c) Categorization of Judicial Districts.--Annually, at the
conclusion of each calendar year, the Director of the Administrative
Office of the United States Courts, in consultation with the Director
of the Bureau of Prisons and the United States Sentencing Commission,
shall assign the appropriate supervision revocation tier to each
judicial district for which it was estimated that the judicial district
successfully reduced its revocation rate, as provided by subsection
(b)(4). The tiers are defined for the purposes of this subtitle as
follows:
(1) Tier 1.--A tier 1 district is one which has a district
revocation rate, as defined in subsection (b)(3), that is no
more than 25 percent higher than the nationwide revocation
rate, as defined in subsection (b)(2).
(2) Tier 2.--A tier 2 district is one which has a district
revocation rate, as defined in subsection (b)(3), that is more
than 25 percent above the nationwide revocation rate, as
defined in subsection (b)(2).
SEC. 60202. DISTRIBUTION OF PERFORMANCE INCENTIVE FUNDING.
(a) Distribution of Revocation Reduction Incentive Payments.--
Annually, the Director of the Administrative Office of the United
States Courts, in consultation with the Director of the Bureau of
Prisons and the United States Sentencing Commission, shall calculate a
revocation reduction incentive payment for each eligible judicial
district, pursuant to section 60201, for the most recently completed
calendar year, as follows:
(1) Revocation reduction incentive payments for tier 1
districts.--For a tier 1 district, the district's revocation
reduction incentive payment is equal to the estimated number of
supervisees successfully prevented from being sent to prison,
as defined by section 60201(b)(4) multiplied by 45 percent of
the costs to the Director of the Bureau of Prisons to
incarcerate a supervisee who is revoked to prison, as defined
in section 60201(b)(1).
(2) Revocation reduction incentive payments for tier 2
districts.--For a tier 2 judicial district, its revocation rate
shall equal the estimated number of supervisees successfully
prevented from being sent to prison, as defined by section
60201(b)(4) multiplied by 40 percent of the costs to the Bureau
of Prisons to incarcerate in prison a supervisee whose
supervision is revoked.
(b) Distribution of Grants for High-Performing Districts.--
(1) Funding reserved for high-performing districts.--
Annually, the Director of the Administrative Office of the
United States Courts, in consultation with the Director of the
Bureau of Prisons and the United States Sentencing Commission,
shall calculate 5 percent of the total savings attributed to
those districts that successfully reduce the number of
supervisees revoked to prison for the purposes of providing
high-performance grants.
(2) Eligibility.--A judicial district is eligible for a
high-performance grant if it is a district--
(A) with supervisee revocation rates more than 50
percent below the nationwide average in the most
recently completed calendar year; and
(B) that has not exceeded the national revocation
rate for the past three calendar years.
(3) Administration of grants for high-performing
districts.--
(A) The Administrative Office of the United States
Courts may make a high performance grant to a district
in a year in which that district does not also receive
a supervision revocation reduction payment under
subsection (a).
(B) The chief probation officer, in consultation
with the chief judge, in a judicial district that
qualifies for both a high performance grant and a
supervision revocation reduction payment shall inform
the Administrative Office of the United States Courts,
by a date designated by the Administrative Office of
the United States Courts, whether the judicial district
should receive the high performance grant or the
supervision failure reduction incentive payment.
(C) The Administrative Office of the United States
Courts shall seek to ensure that each qualifying
judicial district that submits a qualifying application
for a high performance grant receives a proportionate
share of the grant funding available, based on the
population of adults age 18 to 25, inclusive, in that
judicial district.
(c) Payments.--The Administrative Office of the United States
Courts shall disburse the revocation reduction incentive payments and
high performance grants calculated for any calendar year to judicial
districts in the following fiscal year.
SEC. 60203. USE OF PERFORMANCE INCENTIVE FUNDING.
(a) Establishment of a Supervision Performance Incentive Fund.--
Each district probation office is hereby authorized to establish a
Supervision Performance Incentive Fund (hereinafter in this section
referred to as the ``Fund''), to receive all amounts allocated to the
judicial district for the purposes of implementing this section. In any
fiscal year for which a district probation office receives sums to be
expended for the implementation of this section, those sums, including
any interest, shall be made available to the chief probation officer of
that district probation office, not later than 30 days after the
deposit of those moneys into the fund.
(b) Authorized Use of Funds.--Funds received through appropriations
for the purposes of this subtitle shall be used by the chief probation
officer or his designee to provide supervision and rehabilitative
services for Federal supervisees, and shall be spent on implementing or
enhancing evidence-based community corrections practices and programs,
which may include the following:
(1) Implementing and expanding evidence-based risk and
needs assessments.
(2) Implementing and expanding the use of graduated
sanctions pursuant to [section 3609].
(3) Implementing and expanding treatment and services
associated with problem-solving courts that are proven to
reduce recidivism among the targeted population.
(4) Expanding the availability of evidence-based
rehabilitation programs, including drug and alcohol treatment,
mental health treatment, employment programs, services for
victims of domestic violence, services for veterans, and
cognitive behavioral therapy.
(5) Expanding the availability, in terms of hours and
geographic locations, of day reporting centers and the
reporting hours of existing probation offices to accommodate
supervisees' work, education, and/or child care schedules.
(6) Hiring social workers to assist supervisees in
applications for social services and programs on the local,
State, and Federal level.
(7) Evaluating the effectiveness of rehabilitation and
supervision programs and ensuring program fidelity.
(c) Mandatory Evaluation.--
(1) In general.--Except as provided in paragraph (2), the
chief probation officer, in consultation with the chief judge
of the judicial district, shall devote at least 5 percent of
all funding received through the Fund to evaluate the
effectiveness of those programs and practices implemented or
expanded with the funds provided pursuant to this section.
(2) Waiver of requirement.--A chief probation officer may
petition the Administrative Office of the United States Courts
for waiver of this restriction, and the Administrative Office
of the United States Courts shall have the authority to grant
such a petition, if the Chief Probation Officer can demonstrate
that the department is already devoting sufficient funds to the
evaluation of these programs and practices.
(d) Accounting.--The head of each district probation office
receiving amounts from the Fund shall provide for a separate accounting
of those amounts sufficient to evaluate the effectiveness of each
program.
SEC. 60204. DEFINITIONS.
In this subtitle:
(1) Chief judge.--The term ``chief judge'' with respect to
a district court means the chief judge of that court, or the
judge of that court if there is only one judge.
(2) Chief probation officer.--The term ``chief probation
officer'' means the probation officer designated by the court
to direct the work of all probation officers serving in the
judicial district.
(3) Community corrections program.--The term ``community
corrections program'' means an evidence-based recidivism
reduction program established pursuant to this subtitle,
consisting of a system of services dedicated to all of the
following goals:
(A) Enhancing public safety through the management
and reduction of a supervisee's risk of recidivism
while under supervision.
(B) Supporting supervisees' achievement of
stability of employment and housing by using a range of
supervision tools, sanctions, and services applied to
supervisees for the purpose of reducing criminal
conduct and promoting behavioral change that reduces
recidivism and promotes the successful reintegration of
offenders into the community.
(C) Holding offenders accountable for their
criminal behaviors and for successful compliance with
applicable court orders and conditions of supervision.
(D) Improving public safety outcomes for persons
placed on supervision, as measured by their successful
completion of supervision and commensurate reduction in
the rate of supervisees sent to prison as a result of a
revocation or conviction for a new crime.
(4) Evidence-based practices.--The term ``evidence-based
practices'' means supervision policies, procedures, programs,
and practices that scientific research demonstrates reduce
recidivism among people on probation or supervised release.
(5) Supervisee.--The term ``supervisee'' has the meaning
given that term in section 3609 of title 18, United States
Code.
(6) Supervision.--The term ``supervision'' has the meaning
given that term in section 3609 of title 18, United States
Code.
(7) Revocation.--The term ``revocation'' means a judicial
process to revoke supervision that imposes confinement.
Subtitle C--Addressing Information Disparity and Accuracy in Criminal
Prosecutions to Protect Innocence More Robustly and to Reduce the
Number of Wrongful Convictions
SEC. 60301. FINDINGS AND DECLARATIONS.
The Congress finds and declares the following:
(1) The goal of a law enforcement investigation is to
apprehend the person or persons responsible for the commission
of a crime.
(2) Mistaken eyewitness identification has been shown to
have contributed to the wrongful conviction in 72 percent of
the Nation's 330 DNA exonerations of innocent persons,
including 20 who served time on death row and 30 who pled
guilty. These innocents served an average of 13.5 years in
prison before exoneration and release. No one benefits from a
wrongful conviction--except the real perpetrator, who remains
free to commit additional crimes. In half of the exoneration
cases, the process of settling the innocence claim led to the
identification of the real perpetrator. Over 140 violent crimes
could have been prevented had the real perpetrator been
identified instead of the innocent.
(3) Over the past 30 years, a large body of peer-reviewed,
scientific research and practice has emerged showing that
simple systemic changes can protect the innocent and the public
by increasing the accuracy of the evidence used to support a
conviction beyond a reasonable doubt. These reforms are--
(A) improving the accuracy of eyewitness
identification;
(B) preserving and analyzing forensic evidence;
(C) recording confessions and interrogations;
(D) regulating, disclosing, and video recording
informant or cooperator testimony;
(E) improving the quality of defense counsel;
(F) providing for post-conviction DNA testing for
all applicants for whom DNA has the potential to prove
innocence; and
(G) increasing compensation to the wrongfully
convicted.
(4) Policies and procedures to improve the accuracy of
eyewitness identifications such as those recommended by the
National Academy of Sciences, the United States National
Institute of Justice, the International Association of Chiefs
of Police, and the American Bar Association are readily
available.
(5) More accurate eyewitness identifications increase the
ability of police and prosecutors to convict the guilty and
protect the innocent.
(6) The integrity of the criminal justice process is
enhanced by adherence to best practices in evidence gathering.
(7) Federal, State, and local governments will benefit from
the improvement of the accuracy of eyewitness identifications.
(8) The value of properly preserved biological evidence has
been enhanced by the discovery of modern DNA testing methods,
which, coupled with a comprehensive system of DNA databases
that store crime scene and offender profiles, allow law
enforcement to improve its crime-solving potential.
(9) Tapping the potential of preserved biological evidence
requires the proper identification, collection, preservation,
storage, cataloguing and organization of such evidence.
(10) Law enforcement agencies indicate that ``cold'' case
investigations are hindered by an inability to access
biological evidence that was collected in connection with
criminal investigations.
(11) Innocent people mistakenly convicted of the serious
crimes for which biological evidence is probative cannot prove
their innocence if such evidence is not accessible for testing
in appropriate circumstances.
(12) It is well established that the failure to update
policies regarding the preservation of evidence squanders
valuable law enforcement resources, manpower hours and storage
space.
(13) Simple but crucial enhancements to protocols for
properly preserving biological evidence can solve old crimes,
enhance public safety and settle claims of innocence.
(14) Existing Federal, State, and local laws still erect
procedural hurdles that result in some potentially innocent
applicants being barred from seeking DNA testing after a
conviction has been imposed despite enduring probative value of
DNA evidence.
(15) During his 2005 State of the Union address, President
George W. Bush urged that, ``[i]n America, we must make doubly
sure no person is held to account for a crime he or she did not
commit, so we are dramatically expanding the use of DNA
evidence to prevent wrongful conviction''.
(16) United States Attorney General Eric Holder expressed
his hope, in the interest of justice and identifying the true
perpetrators of crimes, that ``all levels of government will
follow the Federal Government's lead by working to expand
access to DNA evidence''.
(17) Emerging DNA testing technologies can enhance the
quality of justice.
(18) The scientifically reliable results of DNA testing
provide the certainty and finality that bolster the public's
trust in our Federal, State, and local criminal justice
systems.
(19) In addition to the wrongfully convicted and their
families, crime victims, law enforcement, prosecutors, courts
and the public are harmed whenever individuals guilty of crimes
elude justice while innocent individuals are imprisoned for
crimes they did not commit.
(20) Our Federal, State, and local governments must enhance
their technology to increase the amount of testable, biological
evidence and enhance their existing post-conviction DNA testing
statutes so that all applicants for whom DNA testing has the
potential to prove a claim of innocence will have the
opportunity to obtain such testing.
(21) Properly audio and video recorded custodial
interrogations provide the best evidence of the communications
that occurred during an interrogation; prevent disputes about
how an officer conducted himself or treated a suspect during
the course of an interrogation; prevent disputes about the
account of events the defendant originally provided to law
enforcement; spare judges and jurors the time necessary and
need to assess which account of an interrogation to believe;
and enhance public confidence in the criminal process. It is
therefore the Congress' intent to require the video and audio
recording of all custodial interrogations in Federal law
enforcement agencies.
(22) An informant is a person who was not a victim of a
crime who offers to provide information or assistance to law
enforcement in exchange for leniency or some other benefit. The
testimony of informants, who have reason to seek leniency from
the criminal justice system in exchange for their testimony, is
inherently suspect. However, truthful informant testimony may
still be important in solving crimes.
(23) Rewarding informants, either tacitly or explicitly, by
the Government produces dangerous incentives to manufacture or
fabricate testimony. Thus, it is incumbent upon the judicial
system to assess whether informant testimony is reliable.
(24) The use of informant testimony without a system to
properly assess its reliability or corroborate its substance
provides fertile ground for obstruction of the fair
administration of justice.
(25) Therefore, a system to properly assess the reliability
of informant testimony, including, but not limited to audio and
video recording of all statements provided by informants,
should be developed.
(26) The failure to properly educate law enforcement,
defense lawyers, prosecutors, judges, juries, and other fact
investigators and fact finders about the vulnerabilities
inherent in informant testimony enables improper consideration
of such testimony, which can seriously undermine the integrity
of our criminal justice system.
SEC. 60302. ACCURACY AND RELIABILITY OF EVIDENCE IN CRIMINAL CASES;
ADDRESSING INFORMATION DISPARITY IN CRIMINAL CASES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall, in consultation with
the Federal Public or Community Defender from the Defender Services
Advisory Group, the American Bar Association, the American Law
Institute, and other expert organizations, including the Innocence
Project and the National District Attorneys Association, create
training and best practices to be implemented by Federal prosecutors
and law enforcement officers prior to trial, consistent with the
constitutional rights of the defendant, that increase protection for
the innocent by reducing the inaccuracy and unreliability of evidence
relied upon in criminal cases, including--
(1) procedures and protocols for collecting, marking,
preserving, cataloguing, and handling evidence;
(2) training on interrogation to eliminate coercive tactics
that lead to false or unreliable confessions;
(3) training on interviewing witnesses to eliminate
suggestive tactics that lead to false or unreliable
identifications and memories;
(4) training to eliminate cross-racial identification
mistakes and collaborating on the criteria for expert testimony
and parameters for model jury instructions on cross-racial
identification;
(5) training to avoid and discourage the use of unreliable
informant or cooperator testimony;
(6) requiring audio and video recording of all interviews
and interrogations in connection with any defendant's
prosecution;
(7) promoting a fair and expeditious disposition of the
charges, whether by diversion, plea, or trial, consistent with
defendants' constitutional rights;
(8) providing the defendant with sufficient information to
make an informed plea;
(9) permitting the defendant to thoroughly prepare for
trial and minimize surprise at trial by providing prompt
discovery to the defendant;
(10) reducing interruptions and complications during trial
to the extent practicable and avoid unnecessary and repetitious
trials by identifying and resolving evidentiary disputes prior
to trial;
(11) increasing the funding and resources for court-
appointed counsel to minimize the procedural and substantive
inequities among similarly situated defendants, particularly
between defendants represented by court-appoint counsel,
pursuant to 18 U.S.C. 3006A, and defendants represented by
privately retained counsel; and
(12) minimizing the burden upon victims, witnesses,
counsel, and the taxpayer.
(b) Initial Disclosure to Defendants.--The Attorney General shall
instruct Federal prosecutors and law enforcement agents, upon request
by the defendant and not later than 14 days after such request, to
permit the defendant to inspect and to copy or photograph the full
contents of all investigative and case files, excepting only privileged
material or attorney work product, to permit inspection, copying,
testing, and photographing of disclosed documents or tangible objects,
including the following documents or tangible objects:
(1) All relevant recorded, written, and oral statements of
the defendant or of any codefendant that are within the
possession or control of the Government, and any documents
relating to the acquisition of such statements.
(2) The names and addresses of all persons known to the
Government to have information concerning the offense charged,
together with all written statements of any such person that
are within the possession or control of the Government and that
relate to the subject matter of the offense charged.
(3) The identity of persons the Government intends to call
as witnesses at trial.
(4) Any information regarding any inquiry, solicitation, or
agreement between the Government and any individual that
constitutes an inquiry into or solicitation of cooperation or
testimony of the individual.
(5) Any reports or written statements of any expert the
Government intends to call as a witness at trial, including
results of physical or mental examinations, scientific tests,
experiments, comparisons, a written description of the
substance of the proposed testimony of the expert, the expert's
opinion, and the underlying basis of that opinion, if that
report or written statement of the expert is material to
preparing the defense or the Government intends to use the item
in its case-in-chief at trial. At the defendant's request, the
Government must give to the defendant a written summary of any
testimony that the Government intends to use under the Federal
Rules of Evidence during its case-in-chief at trial. If the
Government requests discovery under rule 16(b)(1)(C)(ii) of the
Federal Rules of Criminal Procedure and the defendant complies,
the Government must, at the defendant's request, give to the
defendant a written summary of testimony that the Government
intends to use the Federal Rules of Evidence as evidence at
trial on the issue of the defendant's mental condition. The
summary provided under this paragraph must describe the
witness's opinions, the bases and reasons for those opinions,
and the witness's qualifications.
(6) Any tangible objects, including books, papers,
documents, photographs, buildings, places, or any other
objects, which pertain to the case or which were obtained from
or belong to the defendant, and the identity of any tangible
objects if the item is material to preparing the defense or the
Government intends to use the item in its case-in-chief at
trial.
(7) Any record of prior criminal convictions, pending
charges, or probationary status of the defendant or of any
codefendant or cooperating witness, and insofar as known to the
Government, any record of convictions, pending charges, or
probationary status that may be used to impeach of any witness
to be called by either party at trial.
(8) Any material, documents, or information relating to
lineups, showups, and picture or voice identifications, if it
is relevant to preparing the defense or the Government intends
to use the item in its case-in-chief.
(9) Any material or information within the Government's
possession or control which tends to negate the guilt of the
defendant as to the offense charged or would tend to mitigate
punishment of the defendant.
(10) Any evidence of character, reputation, or other
conduct of the defendant that the Government has investigated.
(11) If the defendant's conversations or premises were
subject to electronic surveillance (including wiretapping) in
connection with the investigation or prosecution of the case,
any transcripts, notes, memos, recordings, or other materials
derived from such surveillance.
(12) Any tangible object obtained through a search and
seizure, including any information, documents, or other
material relating to the acquisition of that object, if the
object, information, or document, or material is material to
preparing the defense or the Government intends to use that
object, information, document, or material in its case-in-
chief.
(13) Any evidence that a forensic technician, laboratory,
or facility involved in the case has been responsible for an
unreliable forensic analysis or questionable conviction in the
past.
(c) Prompt Disclosure of Additional Information Later Added to the
Investigative or Case File.--Upon completing the initial disclosure
required under subsection (b), the Government shall, not later than 14
days after information of the sort described in subsection (b) is added
to the investigative or case file, disclose the full contents of that
additional information, excepting only privileged material or attorney
work product, to permit inspection, copying, testing, and photographing
of disclosed documents or tangible objects, including the documents or
tangible objects described in subsection (b), irrespective of whether
the Government intends to rely on such information at trial and
irrespective of whether or not the Government considers such
information material or exculpatory.
(d) Protective Order.--
(1) In general.--Upon written application by the
Government, the court may grant a protective order limiting the
scope or timing of disclosure required by this section, or
limiting the persons to whom such disclosure may be made or
disseminated.
(2) Requirements for granting.--The application shall be
granted only to the extent the Government demonstrates that
such disclosure would cause--
(A) a particularized and substantial risk of
physical harm or intimidation to any person;
(B) the release of information that would
compromise a significant national security interest; or
(C) the violation of privacy rights, protected by
Federal law, of a non-law-enforcement witness.
(3) Nature of order if granted.--If granted, the protective
order shall be narrowly tailored to limit the scope, timing or
extent of disclosure only to the extent necessary to address
the particularized need for delayed, limited or nondisclosure,
while protecting the defendant's right to prepare for trial or
sentencing to the extent possible.
(4) Application may be ex parte.--The written application
may be made ex parte so long as the Government provides notice
to the defendant of the general nature of the application, and
the defendant is given an opportunity to be heard on whether an
ex parte application is necessary, whether any protective order
is warranted, and the parameters of any protective order. If
the application remains sealed, it shall be preserved in the
record for appellate review.
SEC. 60303. NOTIFICATION RELATING TO FORENSIC, PROSECUTORIAL, OR LAW
ENFORCEMENT MISCONDUCT.
(a) Notice.--Not later than 30 days after a finding by the Attorney
General that a Federal prosecutor or law enforcement officer involved
in a Federal criminal case has engaged in misconduct or a Federal
forensic facility or technician has provided flawed analysis or
testimony, the Attorney General shall inform each defendant in whose
case that prosecutor, law enforcement officer, forensic facility, or
forensic technician was involved.
(b) Access to Evidence and Case Files for Notified Persons.--The
Attorney General shall permit notified defendants and their counsel
access to--
(1) the forensic evidence underlying the defendant's case
to be re-tested by another validated Government facility as
well as by the defendant's independent forensic expert at the
Government's expense; and
(2) the investigative and prosecutorial case file in the
defendant's case, including any attorney work product.
(c) Failure To Comply.--The Attorney General's failure to comply
with any requirement of this section entitles the defendant to
appropriate judicial relief.
(d) Habeas Relief.--A defendant who receives a notice under
subsection (a) and whose conviction has become final is entitled to
seek judicial relief under section 2255 of title 28, United States
Code, notwithstanding any procedural limitation or bar to such relief,
so long as the defendant exercised due diligence in seeking relief
after receiving the notice described in subsection (a).
SEC. 60304. REMEDIES.
(a) Within the Department of Justice.--The Attorney General shall
take appropriate disciplinary measures to sanction any failure of a
Federal prosecutor or law enforcement officer to comply in good faith
with the procedures and requirements created by or under this subtitle.
(b) Judicial Remedy.--The court may exclude from trial any evidence
involved in a failure of a Federal prosecutor or law enforcement
officer to comply in good faith with the procedures and requirements
created by or under this title.
SEC. 60305. TOOLKITS FOR STATE AND LOCAL GOVERNMENT.
Not later than 180 days after the date of the enactment of this
Act, the Attorney General shall provide toolkits regarding training in
best practices developed under this title to State and local
governments and encourage them to adopt these practices to reduce the
likelihood of wrongful conviction.
Subtitle D--Concentrating Prison Space on Violent and Career Criminals
PART 1--RESTORING ORIGINAL CONGRESSIONAL INTENT TO FOCUS FEDERAL DRUG
MANDATORY MINIMUMS ONLY ON MANAGERS, SUPERVISORS, ORGANIZERS, AND
LEADERS OF DRUG TRAFFICKING ORGANIZATIONS AND TO AVOID DUPLICATIVE
PROSECUTION WITH STATES
SEC. 60401. FOCUSING THE APPLICATION OF FEDERAL MANDATORY MINIMUMS FOR
CERTAIN DRUG OFFENSES TO RESTORE ORIGINAL CONGRESSIONAL
INTENT RESPECTING THE BALANCE OF POWER BETWEEN THE
FEDERAL GOVERNMENT AND THE STATES.
(a) Controlled Substances Act.--Section 401 of the Controlled
Substances Act (21 U.S.C. 841) is amended by adding at the end the
following:
``(i) Clarifying Congressional Intent Regarding Application of
Certain Penalties.--(1) The penalties set forth in subparagraph (A) of
subsection (b)(1) apply only if--
``(A) the type and quantity of the controlled or
counterfeit substance violates subparagraph (A) of subsection
(b)(1); and
``(B) the defendant was an organizer or leader of a drug
trafficking organization.
``(2) The penalties set forth in subparagraph (B) of subsection
(b)(1) apply only if--
``(A) the type and quantity of the controlled or
counterfeit substance violates subparagraph (B) of subsection
(b)(1); and
``(B) the defendant was an organizer, leader, manager, or
supervisor of a drug trafficking organization.
``(3) The penalties set forth in subparagraph (C) of subsection
(b)(1) apply only if--
``(A) the type and quantity of the controlled or
counterfeit substance violates subparagraph (A), (B), or (C) of
subsection (b)(1); and
``(B) the defendant was not a leader, organizer, manager,
or supervisor of a drug trafficking organization.
``(4) The penalties set forth in subsection (b)(1)(D) apply only
if--
``(A) the defendant's conduct does not violate paragraphs
(1) through (3);
``(B) the defendant's role was not minor or minimal; and
``(C) the defendant is not a leader, organizer, manager, or
supervisor of or otherwise employed by a drug trafficking
organization.
``(5) The penalties set forth in section 404 of the Controlled
Substances Act shall apply to prosecutions under this section if--
``(A) the defendant's conduct does not violate paragraphs
(1) through (3); and
``(B) the defendant's role was minor or minimal.
Notwithstanding subsection (b)(1)(D) or paragraph (4) or (5) of this
subsection, any person who violates subsection (a) of this section by
distributing a small amount of marijuana for no remuneration shall be
treated as provided in section 404 of the Controlled Substances Act and
section 3607 of title 18, United States Code.''.
(b) Controlled Substances Import and Export Act.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))
is amended so that paragraph (5) reads as follows:
``(5) In the case of a violation of subsection (a)
involving a controlled substance in schedule III, such person
shall be sentenced in accordance with paragraphs (1) through
(4) of this subsection and subsection (e).''.
(c) Clarifying Original Congressional Intent Regarding Application
of Certain Penalties.--Section 1010 of the Controlled Substances Import
and Export Act (21 U.S.C. 960) is amended by adding at the end the
following:
``(e) Clarifying Original Congressional Intent Regarding
Application of Penalties Under the Controlled Substances Import and
Export Act.--
``(1) The penalties set forth in paragraph (1) of
subsection (b) apply only if--
``(A) type and quantity of the controlled or
counterfeit substance violates paragraph (1) of
subsection (b); and
``(B) the defendant was an organizer or leader of a
drug trafficking organization.
``(2) The penalties set forth in paragraph (2) of
subsection (b) apply only if--
``(A) the type and quantity of the controlled or
counterfeit substance violates paragraph (2) of
subsection (b); and
``(B) the defendant was an organizer, leader,
manager, or supervisor of a drug trafficking
organization.
``(3) The penalties set forth in paragraph (3) of
subsection (b) apply only if--
``(A) the type and quantity of the controlled or
counterfeit substance violates paragraph (1), (2), or
(3) of subsection (b); and
``(B) the defendant was not a leader, organizer,
manager, or supervisor of a drug trafficking
organization.
``(4) The penalties set forth in paragraph (4) of
subsection (b) apply only if--
``(A) the defendant's conduct does not violate
paragraphs (1) through (3);
``(B) the defendant's role was not minor or
minimal; and
``(C) the defendant is not a leader, organizer,
manager, or supervisor of or otherwise employed by a
drug trafficking organization.
``(5) The penalties set forth in section 404 of the
Controlled Substances Act shall apply to prosecutions under
section 1010(b) of this Act if--
``(A) the defendant's conduct does not violate
paragraphs (1) through (3); and
``(B) the defendant's role was minor or minimal.
``(6) Notwithstanding paragraph (4) of subsection (b) or
paragraph (4) or (5) of this subsection, whoever violates
subsection (a) of this section by distributing a small amount
of marijuana for no remuneration shall be treated as provided
in section 404 of the Controlled Substances Act and section
3607 of title 18, United States Code.''.
(d) Definitions.--Section 102 of the Controlled Substances Act is
amended by adding at the end the following:
``(58)(A) The term `participant' means a person who is
criminally responsible for the commission of the offense, and
does not include a law enforcement officer or a person acting
on behalf of law enforcement.
``(B) The term `organizer' or `leader' means a person who,
over a significant period of time--
``(i) exercised primary decision-making authority
over the most significant aspects of the criminal
activity;
``(ii) engaged in significant planning of the
acquisition or distribution of large quantities of
drugs or sums of money for the initiation and
commission of the offense;
``(iii) recruited and paid accomplices;
``(iv) delegated tasks to other participants on a
regular basis;
``(v) received a significantly larger share of the
proceeds of the criminal activity than other
participants; and
``(vi) exercised supervisory control or authority
over at least four other participants in the criminal
activity who meet the definition of `manager' or
`supervisor' in subsection (d)(3) over a substantial
period of time.
``(C) The term `manager' or `supervisor' means a person
who, over a significant period of time--
``(i) exercised some decision-making authority over
significant aspects of the criminal activity;
``(ii) received a larger share of the proceeds of
the criminal activity than most other participants; and
``(iii) provided ongoing, day-to-day supervision
of, or specialized training to, at least four other
participants over a substantial period of time.
``(D) When used with regards to a defendant's role in the
offense, the term `minor' means the person was not a manager,
supervisor, organizer, or leader, and, in comparison with those
in the offense who played such roles--
``(i) exercised little decision-making authority
over aspects of the criminal activity;
``(ii) had little or no knowledge of the scope,
extent, and inner workings of the criminal activity;
``(iii) received small shares of the proceeds of
the criminal activity; or
``(iv) was involved in the offense for a short
period of time or in a sporadic manner over a long
period of time.
``(E) When used with regards to a defendant's role in the
offense, the term `minimal' means the person was not a manager,
supervisor, organizer, or leader, and the person's involvement
in the crime was less substantial than that of a person playing
a `minor' role.''.
(e) Applicability to Other Controlled Substances Deriving Their
Penalties Therefrom.--
(1) Section 401 of the Controlled Substances Act is amended
by adding at the end, as amended by section 60401(a) of this
title:
``(i) The penalties set forth in subsections (b) and (i) of this
section shall apply to any provision of law for which the penalties are
derived from this section.''.
(2) Section 1010 of the Controlled Substances Import and
Export Act is amended by adding at the end, as amended by
section 60401(c) of this title:
(f) Application of Penalties.--The penalties set forth in
subsections (b) and (e) of this section shall apply to any provision of
law for which the penalties are derived from this section.
SEC. 60402. MODIFICATION OF CRITERIA FOR ``SAFETY VALVE'' LIMITATION ON
APPLICABILITY OF CERTAIN MANDATORY MINIMUMS.
(a) In General.--Section 3553(f) of title 18, United States Code,
is amended--
(1) in the matter preceding paragraph (1), by inserting
``or under any provision of law for which the penalties are
derived from any of those sections, or section 924(c) of this
title in relation to a drug trafficking crime,'' before ``the
court shall impose'';
(2) so that paragraph (1) reads as follows:
``(1) the defendant--
``(A) does not have a criminal history category
higher than category I after any downward departure
under the sentencing guidelines;
``(B) does not have--
``(i) criminal history points higher than 4
after any downward departure under the
sentencing guidelines; or
``(ii) an offense of conviction that is--
``(I) an offense under section 922
or 924;
``(II) a sex offense (as defined in
section 111 of the Adam Walsh Child
Protection and Safety Act of 2006);
``(III) a Federal crime of
terrorism (as defined in section
2332b(g)(5)); or
``(IV) a racketeering offense under
section 1962; or
``(C) committed the offense as the result of--
``(i) mental illness, cognitive deficits,
or a history of persistent or serious substance
abuse or addiction;
``(ii) trauma suffered while serving on
active duty in an armed conflict zone for a
branch of the United States military; or
``(iii) victimization stemming from any
combination of physical, mental, emotional, or
psychological abuse or domestic violence, if
the offense was committed at the direction of
another individual who--
``(I) was a more culpable
participant in the instant offense or
played a significantly greater role in
the offense; or
``(II) effectively coerced the
defendant's involvement in the offense
by means of threats or abuse either
directly from the other individual or
through any person or group;'';
(3) so that paragraph (2) reads as follows:
``(2) the defendant did not use violence or credible
threats of violence in connection with the offense;''; and
(4) so that paragraph (4) reads as follows:
``(4) the defendant was not convicted under section 401 of
the Controlled Substances Act or section 1010(b) of the
Controlled Substances Import and Export Act for being an
organizer, leader, manager, or supervisor of a drug trafficking
organization, and was not engaged in a continuing criminal
enterprise, as defined in section 408 of the Controlled
Substances Act; and''.
(b) Limitation on Use of Certain Information To Determine Guideline
Range.--Subsection (f)(5) of section 3553 of title 18, United States
Code, as amended by section 60402(a) of this title, is amended further
by adding at the end the following:
``(h) Limitation on Use of Certain Information To Determine
Guideline Sentence.--Information and evidence provided by the defendant
pursuant to this paragraph shall not be used by the court in
determining the applicable guideline range, or in imposing an upward
departure or variance.''.
SEC. 60403. CONSISTENCY IN THE USE OF PRIOR CONVICTIONS FOR SENTENCING
ENHANCEMENTS.
(a) Definition of Felony Drug Offense.--Section 102(44) of the
Controlled Substances Act (21 U.S.C. 802(44)) is amended to read as
follows:
``(44) For the purpose of increased punishment based on a
prior conviction for a `felony drug offense', the term `felony
drug offense'--
``(A) means an offense under Federal or State law
that--
``(i) has as an element the knowing
manufacture, distribution, import, export, or
possession with intent to distribute a
controlled substance;
``(ii) is classified by the applicable law
of the jurisdiction as a felony for which a
maximum term of imprisonment of 10 years or
more is prescribed by law; and
``(iii) for which a sentence of
imprisonment exceeding 1 year and 1 month was
initially imposed and was not suspended; but
``(B) does not include an offense for which--
``(i) the conviction occurred more than 10
years before the defendant's commission of the
instant offense, excluding any period during
which the defendant was incarcerated;
``(ii) the prosecution relating to the
offense was ultimately dismissed, including in
a case in which the defendant previously
entered a plea of guilty or nolo contendere;
``(iii) the conviction has been reversed,
vacated, set aside, or otherwise vitiated by
judicial action;
``(iv) the conviction was expunged;
``(v) the defendant has been pardoned or
had civil rights restored; or
``(vi) the conviction was unconstitutional
under the caselaw of the United States Supreme
Court in effect at the time the conviction
occurred or after the conviction became
final.''.
(b) Definition of Felony Drug Trafficking Offense.--Section 102 of
the Controlled Substances Act (21 U.S.C. 802) is amended by adding at
the end the following:
``(57) For the purpose of increased punishment based on a
prior conviction for a `drug trafficking offense', that term
has the same meaning as the term `felony drug offense' under
subsection (44).''.
(c) Definitions of Related Terms for Chapter 44 of Title 18, United
States Code.--Section 924(e)(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A), by striking ``means--'' and all
that follows through the end of the subparagraph and inserting
``means a `felony drug offense' as that term is defined in
section 102(44) of the Controlled Substances Act;'';
(2) in subparagraph (B), by inserting ``, for which a
sentence of imprisonment exceeding 1 year and 1 month was
initially imposed and not suspended'' after ``adult''; and
(3) in subparagraph (C), by striking the period at the end
and inserting ``, but does not include a conviction for any
offense that is not classified as a felony by the applicable
law of the jurisdiction or is a conviction of the sort
described in subparagraph (B) of section 102(44) of the
Controlled Substances Act and does not include any finding that
the defendant committed an act of juvenile delinquency that was
made more than 10 years before the defendant's commencement of
the instant offense, excluding any period during which the
defendant was incarcerated; and''.
(d) Requirement of Filing an Information.--Section 924(e) of title
18, United States Code, is amended by adding at the end the following:
``(3) A person may not be sentenced to increased punishment
under this subsection unless, before trial or entry of a guilty
plea, the United States Attorney files an information with the
court and serves a copy on the person or his counsel stating in
writing the previous convictions to be relied upon.''.
(e) Applying Evidence-Based Practices for Age-Related Declines in
Recidivism to Certain Penalties.--
(1) In general.--Section 401(b)(1) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)) is amended--
(A) in subparagraph (A)--
(i) in the flush text following clause
(viii), by striking ``life imprisonment, a
fine'' and inserting ``a term of imprisonment
which may not be less than 25 years and not
more than life imprisonment, a fine''; and
(ii) in the flush text following clause
(viii), by striking ``term of life imprisonment
without release'' and inserting ``a term of
imprisonment which may not be less than 25
years and not more than life imprisonment, a
fine'';
(B) in subparagraph (B), in the flush text
following clause (viii), by striking ``life
imprisonment, a fine'' and inserting ``a term of
imprisonment which may not be less than 25 years and
not more than life imprisonment, a fine''; and
(C) in subparagraph (C), by striking ``life
imprisonment, a fine'' and inserting ``a term of
imprisonment which may not be less than 25 years and
not more than life imprisonment, a fine''.
(2) Retroactive effect.--The amendments made by this
subsection apply with respect to convictions occurring before,
on, or after the date of the enactment of this Act.
(f) Procedures Related to Seeking Enhanced Drug Penalties for Drug
Trafficking.--Section 411 of the Controlled Substances Act (21 U.S.C.
851) is amended by striking paragraph (2) of subsection (a) and
inserting the following:
``(2) No person who is convicted of an offense under this
part shall be sentenced to increased punishment by reason of a
prior conviction if--
``(A) except as provided in paragraph (4), the
Government fails, before trial, or before entry of a
plea of guilty, to file an information with the court
and serves a copy of such information on the person or
counsel for that person, stating any previous
conviction upon which the Government intends to rely
for the enhanced penalty;
``(B) the person was not convicted as alleged in
the information;
``(C) the conviction is for simple possession of a
controlled substance, the offense was classified as a
misdemeanor under the law of the jurisdiction in which
the proceedings were held, the finding that the
defendant committed an act of juvenile delinquency that
made more than 10 years before the defendant's
commencement of the instant offense, excluding any
period during which the defendant was incarcerated, or
the proceedings resulted in a disposition that was not
deemed a conviction under that law;
``(D) the conviction has been dismissed, expunged,
vacated, or set aside, or for which the person has been
pardoned or has had civil rights restored;
``(E) the conviction is invalid; or
``(F) the person is otherwise not subject to an
increased sentence as a matter of law.
``(3) An information may not be filed under this section--
``(A) if the increased punishment which may be
imposed is imprisonment for a term in excess of three
years unless the person either waived or was afforded
prosecution by indictment for the offense for which
such increased punishment may be imposed; or
``(B) more than 10 years after the date the
judgment for the prior conviction was entered,
excluding any period during which the defendant was
incarcerated.
``(4) Upon a showing by the Government that facts regarding
prior convictions could not with due diligence be obtained
prior to trial or before entry of a plea of guilty, the court
may postpone the trial or the taking of the plea of guilty for
a reasonable period for the purpose of obtaining those facts.
``(5) Clerical mistakes in the information, or in the
underlying conviction records, may be amended at any time prior
to the pronouncement of the sentence.
``(6) The Government shall bear the burden of proof beyond
a reasonable doubt regarding the existence and accuracy of any
prior conviction alleged.
``(7) The person with respect to whom the information was
filed may challenge a prior conviction before sentence is
imposed.
``(8) If a prior conviction that was a basis for increased
punishment under this part has been vacated in any State or
Federal proceeding, or is for an offense that no longer
qualifies as a felony drug offense under United States Supreme
Court or relevant circuit caselaw, the person shall be
resentenced to any sentence available under the law at the time
of resentencing, not to exceed the original sentence.''.
(g) Information Filed by United States Attorney.--Paragraph (4) of
section 3559(c) of title 18, United States Code, is amended to read as
follows:
``(4) Information filed by united states attorney.--A
person may not be sentenced to increased punishment under this
subsection unless, before trial or entry of a guilty plea, the
United States Attorney files an information with the court and
serves a copy on the person or his counsel stating in writing
the previous convictions to be relied upon.''.
(h) Resentencing.--Section 3559(c)(7) of title 18, United States
Code, is amended by inserting ``not to exceed the original sentence''
before the period at the end.
SEC. 60404. ELIGIBILITY FOR RESENTENCING BASED ON CHANGES IN LAW.
Section 3582(c) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) in the case of a defendant who was sentenced to a
term of imprisonment for an offense for which the minimum or
maximum term of imprisonment was subsequently reduced as a
result of the amendments made by the SAFE Justice Act, upon
motion of the defendant, counsel for the defendant, counsel for
the Government, or the Director of the Bureau of Prisons, or,
on its own motion, the court may reduce the term of
imprisonment consistent with that reduction, after considering
the factors set forth in subsections (a) and (d) through (g) of
section 3553 to the extent applicable. If the court does grant
a sentence reduction, the reduced sentence shall not be less
than permitted under current statutory law. If the court denies
a motion made under this paragraph, the movant may file another
motion under this subsection, not earlier than 5 years after
each denial, which may be granted if the offender demonstrates
the offender's compliance with recidivism-reduction programming
or other efforts the offender has undertaken to improve the
likelihood of successful re-entry and decrease any risk to
public safety posed by the defendant's release. If the court
denies the motion due to incorrect legal conclusions or facts
or other mistakes by the court, probation officer, or counsel,
the defendant may file another motion under this subsection at
any time.''.
SEC. 60405. DIRECTIVES TO THE SENTENCING COMMISSION.
(a) Generally.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend its
guidelines and its policy statements applicable to persons convicted of
an offense under the Controlled Substances Act (21 U.S.C. 801 et seq.),
the Controlled Substances Import and Export Act (21 U.S.C. 951 et
seq.), or any offense deriving its penalties therefrom to ensure that
the guidelines and policy statements are consistent with the amendments
made by this title.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the relevant public safety concerns, including the need
to preserve limited prison resources for more serious, repeat,
and violent offenders;
(3) the intent of Congress that violent, repeat, and high-
level drug traffickers who present public safety risks receive
sufficiently severe sentences, and that nonviolent, lower- and
street-level drug offenders without serious records receive
proportionally less severe sentences;
(4) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(5) the appropriateness of, and likelihood of unwarranted
sentencing disparity resulting from, use of drug type and
quantity as the primary factors determining a sentencing
guideline range; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) General Instruction to Sentencing Commission.--Section 994(h)
of title 28, United States Code, is amended to read as follows:
``(h) The Commission shall ensure that the guidelines specify a
sentence to a term of imprisonment at or near the maximum term
authorized for categories of defendants in which the defendant is 18
years old or older and--
``(1) has been convicted of a felony that is--
``(A) a violent felony as defined in section
924(e)(2)(B) of title 18; or
``(B) an offense under--
``(i) section 401 of the Controlled
Substances Act;
``(ii) section 1002(a), 1005, or 1009 of
the Controlled Substances Import and Export
Act; or
``(iii) chapter 705 of title 46, United
States Code; and
``(2) has previously been convicted of two or more prior
offenses, each of which--
``(A) is classified by the applicable law of the
convicting jurisdiction as a felony; and
``(B) is--
``(i) a violent felony as defined in
section 924(e)(2)(B) of title 18; or
``(ii) a felony drug offense as defined in
section 102(44) of the Controlled Substances
Act.''.
SEC. 60406. EXCLUSION OF ACQUITTED CONDUCT AND DISCRETION TO DISREGARD
MANIPULATED CONDUCT FROM CONSIDERATION DURING SENTENCING.
(a) Acquitted Conduct Not To Be Considered in Sentencing.--Section
3661 of title 18, United States Code, is amended by striking the period
at the end and inserting ``, except that a court shall not consider
conduct of which a person has not been convicted.''.
(b) Providing Discretion To Disregard Certain Factors in
Sentencing.--
(1) Title 18, united states code.--Section 3553 of title
18, United States Code, is amended by adding at the end the
following:
``(g) Discretion To Disregard Certain Factors.--A court, in
sentencing a defendant convicted under the Controlled Substances Act,
the Controlled Substances Import and Export Act, any offense deriving
its penalties from either such Act, or an offense under section 924(c)
based on a drug trafficking crime, may disregard, in determining the
statutory range, calculating the guideline range or considering the
factors set forth in section 3553(a), any type or quantity of a
controlled substance, counterfeit substance, firearm or ammunition that
was determined by a confidential informant, cooperating witness, or law
enforcement officer who solicited the defendant to participate in a
reverse sting or fictitious stash-house robbery.''.
(2) Controlled substances act.--Section 401(b)(1) of the
Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended by
adding at the end the following:
``(F) In the case of a person who conspires to
commit an offense under this title, the type and
quantity of the controlled or counterfeit substance for
the offense that was the object of the conspiracy shall
be the type and quantity involved in--
``(i) the defendant's own unlawful acts;
and
``(ii) any unlawful act of a co-conspirator
that--
``(I) the defendant agreed to
jointly undertake;
``(II) was in furtherance of that
unlawful act the defendant agreed to
jointly undertake; and
``(III) was intended by the
defendant.''.
(3) Controlled substances import and export act.--Section
1010(b) of the Controlled Substances Import and Export Act (21
U.S.C. 960(b)) is amended by adding at the end the following:
``(8) In the case of a person who conspires to commit an
offense under this title, the type and quantity of the
controlled or counterfeit substance for the offense that was
the object of the conspiracy shall be the type and quantity
involved in--
``(A) the defendant's own unlawful acts; and
``(B) any unlawful act of a co-conspirator that--
``(i) the defendant agreed to jointly
undertake;
``(ii) was in furtherance of that unlawful
act the defendant agreed to jointly undertake;
and
``(iii) was intended by the defendant.''.
(4) Directive to the sentencing commission.--Pursuant to
its authority under section 994(p) of title 28, United States
Code, and in accordance with this section, the United States
Sentencing Commission shall review and amend its guidelines and
policy statements applicable to relevant conduct to ensure that
they are consistent with the amendments made by this section.
(5) Definitions.--The following definitions apply in this
section:
(A) Reverse sting.--The term ``reverse sting''
means a situation in which a person who is a law
enforcement officer or is acting on behalf of law
enforcement initiates a transaction involving the sale
of a controlled substance, counterfeit substance,
firearms or ammunition to a targeted individual.
(B) Stash house.--The term ``stash house'' means a
location where drugs and/or money are stored in
furtherance of a drug distribution operation.
(C) Fictitious stash house robbery.--The term
``fictitious stash house robbery'' means a situation in
which a person who is a law enforcement officer or is
acting on behalf of law enforcement describes a
fictitious stash house to a targeted individual and
invites the targeted individual to rob such fictitious
stash house.
PART 2--CLARIFICATION OF CONGRESSIONAL INTENT ON CERTAIN RECIDIVIST
PENALTIES
SEC. 60407. AMENDMENTS TO ENHANCED PENALTIES PROVISION.
Section 924(c) of title 18, United States Code, is amended--
(1) in clause (i), by striking ``not less than 25 years''
and inserting ``not less than 15 years.''; and
(2) by adding at the end the following:
``(6) In this subsection, the term `during and in relation
to' does not include any possession not on the person of, or
within arm's reach and otherwise readily and immediately
accessible to the defendant at the time and place of the
offense.''.
PART 3--EXPANDING THE ABILITY TO APPLY FOR COMPASSIONATE RELEASE
SEC. 60408. ABILITY TO PETITION FOR RELEASE TO EXTENDED SUPERVISION FOR
CERTAIN PRISONERS WHO ARE MEDICALLY INCAPACITATED,
GERIATRIC, OR CAREGIVER PARENTS OF MINOR CHILDREN AND WHO
DO NOT POSE PUBLIC SAFETY RISKS.
(a) Eligibility.--Subparagraph (A) of section 3582(c)(1) of title
18, United States Code, is amended to read as follows:
``(A) the court, upon motion of the defendant, the
Director of the Bureau of Prisons, or on its own
motion, may reduce the term of imprisonment after
considering the factors set forth in section 3553(a) to
the extent they are applicable, if it finds that--
``(i) extraordinary and compelling reasons
warrant such a reduction; or
``(ii) the defendant--
``(I) is at least 60 years of age;
``(II) has an extraordinary health
condition; or
``(III) has been notified that--
``(aa) the primary
caregiver of the defendant's
biological or adopted child
under the age of 18 has died or
has become medically, mentally,
or psychologically
incapacitated;
``(bb) the primary
caregiver is therefore unable
to care for the child any
longer; and
``(cc) other family members
or caregivers are unable to
care for the child, such that
the child is at risk of being
placed in the foster care
system; and''.
(b) Ineligibility and Procedure.--Section 3582 of title 18, United
States Code, is amended by adding at the end the following:
``(e) Ineligibility.--No prisoner is eligible for a modification of
sentence under subsection (c)(1)(A) if the prisoner is serving a
sentence of imprisonment for any of the following offenses:
``(1) A Federal conviction for homicide in which the
prisoner was proven beyond a reasonable doubt to have had the
intent to cause death and death resulted.
``(2) A Federal crime of terrorism, as defined under
section 2332b(g)(5).
``(3) A Federal sex offense, as described in section 111 of
the Sex Offender Registration and Notification Act (42 U.S.C.
16911).
``(f) Requirements for Certain Motions.--If the prisoner makes a
motion under subsection (c)(1)(A) on the basis of an extraordinary
health condition or the death or incapacitation of the primary
caregiver of the prisoner's minor child, that prisoner shall provide
documentation, as the case may be--
``(1) setting forth a relevant diagnosis regarding the
extraordinary health condition; or
``(2) that--
``(A) the requirements of subsection
(c)(1)(A)(ii)(III) are met; and
``(B) the prisoner's release--
``(i) is in the best interest of the child;
and
``(ii) would not endanger public safety.
``(g) Procedure for Court Determination.--(1) Upon receipt of a
prisoner's motion under subsection (c)(1)(A), the court, after
obtaining relevant contact information from the Attorney General, shall
send notice of the motion to the victim or victims, or appropriate
surviving relatives of a deceased victim, of the crime committed by the
prisoner. The notice shall inform the victim or victims or surviving
relatives of a deceased victim of how to provide a statement prior to a
determination by the court on the motion.
``(2) Not later than 60 days after receiving a prisoner's motion
for modification under subsection (c)(1)(A), the court shall hold a
hearing on the motion if the motion has not been granted.
``(3) The court shall grant the modification under subsection
(c)(1)(A) if the court determines that--
``(A) the prisoner meets the criteria pursuant to
subsection (c)(1)(A); and
``(B) there is a low likelihood that the prisoner will pose
a risk to public safety.
``(4) In determining a prisoner's motion for a modification of
sentence under subsection (c)(1)(A) the court shall consider--
``(A) the age of the prisoner and years served in prison;
``(B) the criminogenic needs and risk factors of the
offender;
``(C) the prisoner's behavior in prison;
``(D) an evaluation of the prisoner's community and
familial bonds;
``(E) an evaluation of the prisoner's health; and
``(F) a victim statement, if applicable, pursuant to
paragraph (1).
``(h) Actions With Respect to Successful Motion.--If the court
grants the prisoner's motion pursuant to subsection (c)(1)(A), the
court shall--
``(1) reduce the term of imprisonment for the prisoner in a
manner that provides for the release of the prisoner not later
than 30 days after the date on which the prisoner was approved
for sentence modification;
``(2) modify the remainder of the term of imprisonment to
home confinement or residential re-entry confinement with or
without electronic monitoring; or
``(3) lengthen or impose a term of supervised release so
that it expires on the same date as if the defendant received
no relief under subsection (c)(1)(A).
``(i) Subsequent Motions.--If the court denies a prisoner's motion
pursuant to subsection (c)(1)(A), the prisoner may not file another
motion under subsection (c)(1)(A) earlier than one year after the date
of denial. If the court denies the motion due to incorrect legal
conclusions or facts or other mistakes by the court, probation officer,
or counsel, the prisoner may file another motion under that subsection
without regard to this limitation.
``(j) Definition.--In this section, the term `extraordinary health
conditions' means a condition afflicting a person, such as infirmity,
significant disability, or a need for advanced medical treatment or
services not readily or reasonably available within the correctional
institution.''.
(c) Effective Date.--The amendments made by this section take
effect 1 year after the date of the enactment of this Act.
Subtitle E--Encouraging Accountability With Greater Use of Evidence-
Based Sentencing Alternatives for Lower-Level Offenders
SEC. 60501. ELIGIBILITY FOR PREJUDGEMENT PROBATION.
Section 3607(a)(1) of title 18, United States Code, is amended by
striking ``been convicted of violating a Federal or State law relating
to controlled substances'' and inserting ``been convicted of a felony
under the Controlled Substances Act, the Controlled Substances Import
and Export Act, or any other Federal offense deriving its penalties
from either such Act''.
SEC. 60502. SENTENCE OF PROBATION.
Subsection (a) of section 3561 of title 18, United States Code, is
amended to read as follows:
``(a) In General.--
``(1) Probation generally available.--Except as provided in
paragraph (2), a defendant who has been found guilty of an
offense may be sentenced to probation.
``(2) General exceptions.--A defendant may not be sentenced
to probation if--
``(A) the offense is a Class A or Class B felony
and the defendant is an individual;
``(B) the offense is an offense for which probation
has been expressly precluded; or
``(C) the defendant is sentenced at the same time
to a term of imprisonment for the same or a different
offense that is not a petty offense.
``(3) Presumption of probation for certain offenders.--The
court shall sentence an otherwise eligible defendant to
probation, if the defendant is a first-time Federal offender
whose place of residence allows for Federal probation
supervision and who did not engage in violent conduct as a part
of the offense, unless the court, having considered the nature
and circumstances of the offense and the history and
characteristics of the defendant, finds on the record that a
term of probation would not be appropriate. However, a
defendant convicted of a Federal sex offense, as described in
section 111 of the Sex Offender Registration and Notification
Act, is not subject to a presumption of probation under this
paragraph.''.
SEC. 60503. DIRECTIVE TO THE SENTENCING COMMISSION REGARDING USE OF
PROBATION.
(a) Directive to the Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall review and amend its guidelines and its policy statements
applicable to persons eligible for probation to ensure that the
guidelines and policy statements are consistent with the amendments
made by section 60501.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the fiscal implications of any amendments;
(3) relevant public safety concerns and the statutory
sentencing factors under section 3553 of title 18; and
(4) the intent of Congress that prison be reserved for
serious offenders for whom prison is most appropriate.
SEC. 60504. ESTABLISHING ACCOUNTABILITY EVIDENCE-BASED PROBLEM-SOLVING
COURT PROGRAMS.
(a) In General.--Part II of title 18, United States Code, is
amended by inserting after chapter 207 the following:
``CHAPTER 207A--PROBLEM-SOLVING COURT PROGRAMS
``Sec.
``3157. Establishment of problem-solving court programs.
``3158. Evaluation of problem-solving court programs.
``3159. Definitions.
``Sec. 3157. Establishment of problem-solving court programs
``(a) In General.--A United States district court may establish a
problem-solving court program in its district.
``(b) Use of Research-Based Principles and Practices.--The Director
of the Administrative Office of the United States Courts shall ensure
that all Federal courts have available to them current information and
research relating to best practices for reducing participant recidivism
through problem-solving court programs.
``(c) Information Sharing Among Courts.--The United States
Sentencing Commission, pursuant to its authority under section
995(a)(12)(A) of title 28 to serve as a clearinghouse and information
center, shall provide a website where United States District Court
problem-solving court programs may post and share research, documents,
best practices, and other information with each other and the public.
``(d) Best Practices.--The Director of the Administrative Office of
the United States Courts shall ensure all Federal courts adhere to the
following best practices:
``(1) Focus problem-solving court program resources on
offenders facing prison terms to ensure that a problem-solving
court program functions to divert that offender from
incarceration and ensures that the penalty for noncompliance
with the program does not exceed what would have the original
penalty or sentence for the offense.
``(2) Adopt objective admission criteria.
``(3) Use the pre-plea rather than the post-plea model.
``(4) Ensure due process protections.
``(5) Incorporate evidence-based health measures, not
simply abstinence, into substance abuse problem-solving court
program goals to ensure that the underlying health issue is
addressed instead of merely being punished.
``(6) Improve overall treatment quality and employ opioid
maintenance treatments for substance abuse problem-solving
court programs as well as other evidence-based therapies.
``Sec. 3158. Evaluation of problem-solving court programs
``The Judicial Conference shall ensure that each Federal problem-
solving court program, not later than 1 year after the date of its
commencement of operations, adopts a plan to measure its success in
reducing recidivism and costs.
``Sec. 3159. Definitions
``In this chapter--
``(1) the term `problem-solving court program' means a
judge-involved intensive intervention, supervision, and
accountability process in which a defendant participates,
either before conviction, sentencing, or other disposition or
upon being sentenced to a term of probation or upon release
from a sentence of incarceration, that may include substance
abuse, mental health, employment, and veterans' programs; and
``(2) the term `problem-solving court program coordinator'
means an existing employee of the United States Courts who is
responsible for coordinating the establishment, staffing,
operation, evaluation, and integrity of the problem-solving
court program.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 207 the following new item:
``207A. Problem-solving court programs...................... 3157''.
Subtitle F--Implementing Evidence-Based Practices to Reduce Recidivism
PART 1--REVISION OF STATUTORY SENTENCE CREDITS
SEC. 60601. DELIVERY AND INCENTIVES TO COMPLETE IN-PRISON RECIDIVISM
REDUCTION PROGRAMMING.
(a) In General.--Section 3621(e) of title 18, United States Code,
is amended to read as follows:
``(e) In-Prison Programming.--
``(1) In-prison programming.--In order to carry out the
requirement of subsection (b) that every prisoner with a
substance abuse problem have the opportunity to participate in
appropriate substance abuse treatment, and to address the
criminogenic needs of Federal offenders more generally, the
Director of the Bureau of Prisons shall, subject to the
availability of appropriations--
``(A) provide residential substance abuse treatment
for all eligible offenders, with priority for such
treatment accorded based on eligible prisoners'
proximity to release date;
``(B) provide cognitive-based therapy for all
eligible offenders;
``(C) provide workforce development through
participation in the Federal Prison Industries; and
``(D) provide vocational and occupational training.
``(2) Incentives for prisoner's successful completion of
programming.--
``(A) Any prisoner who in the judgment of the
Director of the Bureau of Prisons has successfully
completed a program of residential substance abuse
treatment or cognitive behavioral therapy provided
under paragraph (1) of this subsection shall be
eligible for a reduction of incarceration by up to one
year.
``(B) Any prisoner who, in the judgment of the
Director of the Bureau of Prisons, has completed at
least 30 days of work for Federal Prison Industries or
vocational and occupational training shall be eligible
to have the total period of incarceration reduced by up
to the total number of days of work for Federal Prison
Industries or vocational and occupational training, but
not to exceed one year.
``(3) Restrictions on reductions in the period of
custody.--Reductions in the period of incarceration earned
under paragraph (2) of this subsection shall not exceed one
year.''.
(b) Corresponding Amendments to Existing Law.--Section 3624(a) of
title 18, United States Code, is amended by striking ``as provided in
subsection (b)'' and inserting ``as provided in subsection (b) and
section 3621(e) and section 3621A(d)(3)''.
(c) Transition.--The amendments made by this section shall take
effect on the date not later than 1 year after the date of the
enactment of this section.
SEC. 60602. POST-SENTENCING RISK AND NEEDS ASSESSMENT SYSTEM AND IN-
PRISON RECIDIVISM REDUCTION PROGRAMMING.
(a) Development of System.--
(1) Generally.--Not later than one year after the date of
the enactment of this section, the Attorney General shall
develop an offender risk and needs assessment system, which
shall--
(A) assess and determine the criminogenic needs and
risk factors of all admitted offenders;
(B) be used to assign each prisoner to appropriate
recidivism reduction programs or productive activities
based on the prisoner's specific criminogenic needs and
risk factors; and
(C) in accordance with section 3621A(d) (1) and (2)
of title 18, United States Code, document eligible
prisoners' required recidivism reduction programs or
productive activities in a case plan and their progress
in completing the elements of that case plan.
(2) Research and best practices.--In designing the offender
risk and needs assessment system, the Attorney General shall
use available research and best practices in the field and
consult with academic and other criminal justice experts as
appropriate.
(3) Risk and needs assessment tool.--In carrying out this
subsection, the Attorney General shall prescribe a suitable
intake assessment tool to be used in carrying out subparagraphs
(A) and (B) of paragraph (1), and suitable procedures to
complete the documentation described in subparagraph (C) of
paragraph (1). The Attorney General shall ensure that the
assessment tool produces consistent results when administered
by different people, in recognition of the need to ensure
interrater reliability.
(4) Validation.--In carrying out this subsection, the
Attorney General shall statistically validate the assessment
tool on the Federal prison population not later than 2 years
after the date of the enactment of this subsection.
(b) Use of Risk and Needs Assessment System by Bureau of Prisons.--
Subchapter C of chapter 229 of title 18, United States Code, is amended
by inserting after section 3621 the following:
``Sec. 3621A. Post-sentencing risk and needs assessment system
``(a) Assignment of Recidivism Reduction Programs or Productive
Activities.--In recognition that some activities or excessive
programming may be counterproductive for some prisoners, the Attorney
General may provide guidance to the Director of the Bureau of Prisons
on the quality and quantity of recidivism reduction programming or
productive activities that are both appropriate and effective for each
prisoner.
``(b) Bureau of Prisons Training.--The Attorney General shall
develop protocols and programs for Bureau of Prisons personnel
responsible for using the Post-Sentencing Risk and Needs Assessment
System (hereinafter in the section referred to as the `Assessment
System') created under the SAFE Justice Act. Such training protocols
shall include a requirement that such personnel demonstrate competence
in administering the assessment tool, including interrater reliability,
on a biannual basis.
``(c) Quality Assurance.--In order to ensure that the Director of
the Bureau of Prisons is using the Assessment System in an appropriate
and consistent manner, the Attorney General, the Government
Accountability Office, and the Office of the Inspector General shall
monitor and assess the use of the Assessment System and shall conduct
separate and independent periodic audits of the use of the Assessment
System at Bureau of Prisons facilities.
``(d) Evidence-Based Assessment System and Recidivism Reduction
Programming.--
``(1) In general.--The Director of the Bureau of Prisons
shall develop a case plan that targets the criminogenic needs
and risk factors of each eligible prisoner--
``(A) to guide the prisoner's rehabilitation while
incarcerated; and
``(B) to reduce the likelihood of recidivism after
release.
``(2) Case plans.--
``(A) Content.--Not later than 30 days after a
prisoner's initial admission, the Director of the
Bureau of Prisons shall complete a case plan for that
prisoner. The plan shall--
``(i) include programming and treatment
requirements based on the prisoner's identified
criminogenic needs and risk factors, as
determined by the Assessment System;
``(ii) ensure that a prisoner whose
criminogenic needs and risk factors do not
warrant recidivism reduction programming
participates in and successfully complies with
productive activities, including prison jobs;
and
``(iii) ensure that each eligible prisoner
participates in and successfully complies with
recidivism reduction programming or productive
activities, including prison jobs, throughout
the entire term of incarceration of the
prisoner.
``(B) Time constraints.--The Director of the Bureau
of Prisons shall ensure that the requirements set forth
in the case plan are feasible and achievable prior to
the prisoner's release eligibility date.
``(C) Notice to prisoner.--The Director of the
Bureau of Prisons shall--
``(i) provide the prisoner with a written
copy of the case plan and require the
prisoner's case manager to explain the
conditions set forth in the case plan and the
incentives for successful compliance with the
case plan; and
``(ii) review the case plan with the
prisoner once every 6 months after the prisoner
receives the case plan to assess the prisoner's
progress toward successful compliance with the
case plan and any need or eligibility for
additional or different programs or activities.
``(3) Incentive for prisoner's successful compliance with
case plan requirements.--
``(A) In general.--Except as provided in
subparagraph (C), the Director of the Bureau of Prisons
shall, in addition to any other credit or reduction a
prisoner receives under any other provision of law,
award earned time credit toward service of the
prisoner's sentence of 10 days for each calendar month
of successful compliance with the prisoner's case plan.
A prisoner who is detained before sentencing shall earn
credit for participating in programs or activities
during that period under this paragraph. The total time
credits that a prisoner may earn under this paragraph
shall not exceed 120 days for any year of imprisonment.
A prisoner may receive credit at the end of each year
of the sentence being served, beginning at the end of
the first year of the sentence. For purposes of this
section, the first year of the sentence shall begin on
the date the sentence commenced under section 3585(a)
less any credit for prior custody under section
3585(b). Any credits awarded under this section shall
vest on the date the prisoner is released from custody.
``(B) Availability.--An eligible prisoner may
receive under subparagraph (A) credit for successful
compliance with case plan requirements for
participating in programs or activities before the date
of enactment of this Act if the Director of the Bureau
of Prisons determines that such programs or activities
were the same or equivalent to those created pursuant
to this section before the date of the enactment of
this subsection.
``(C) Exclusions.--No credit shall be awarded under
this paragraph to any prisoner serving a sentence of
imprisonment for conviction for any of the following
offenses:
``(i) A Federal conviction for homicide in
which the prisoner was proven beyond a
reasonable doubt to have had the intent to
cause death and death resulted.
``(ii) A Federal crime of terrorism, as
defined under section 2332b(g)(5).
``(iii) A Federal sex offense, as described
in section 111 of the Sex Offender Registration
and Notification Act (42 U.S.C. 16911).
``(D) Participation by ineligible prisoners.--The
Director of the Bureau of Prisons shall make all
reasonable efforts to ensure that every prisoner
participates in recidivism reduction programming or
productive activities, including a prisoner who is
excluded from earning time credits.
``(E) Other incentives.--The Director of the Bureau
of Prisons shall develop policies to provide
appropriate incentives for successful compliance with
case plan requirements, in addition to the earned time
credit described in subparagraph (A), including
incentives for prisoners who are precluded from earning
credit under subparagraph (C). Such incentives may
include additional commissary, telephone, or visitation
privileges for use with family, close friends, mentors,
and religious leaders.
``(F) Penalties.--The Director of the Bureau of
Prisons shall amend its Inmate Discipline Program to
reduce credits previously earned under subparagraph (A)
for prisoners who violate the rules of the institution
in which the prisoner is imprisoned, a recidivism
reduction program, or a productive activity, which
shall provide--
``(i) levels of violations and
corresponding penalties, which may include loss
of earned time credits;
``(ii) that any loss of earned time credits
shall not apply to future earned time credits
that the prisoner may earn subsequent to a rule
violation; and
``(iii) a procedure to restore earned time
credits that were lost as a result of a rule
violation based on the prisoner's individual
progress after the date of the rule violation.
``(4) Recidivism reduction programming and productive
activities.--Beginning not later than one year after the date
of the enactment of the SAFE Justice Act, the Attorney General
shall, subject to the availability of appropriations, make
available to all eligible prisoners appropriate recidivism
reduction programming or productive activities, including
prison jobs. The Attorney General may provide such programming
and activities by entering into partnerships with any of the
following:
``(A) Nonprofit organizations, including faith-
based and community-based organizations that provide
recidivism reduction programming, on a paid or
volunteer basis.
``(B) Educational institutions that will deliver
academic classes in Bureau of Prisons facilities, on a
paid or volunteer basis.
``(C) Private entities that will, on a paid or
volunteer basis--
``(i) deliver occupational and vocational
training and certifications in Bureau of
Prisons facilities;
``(ii) provide equipment to facilitate
occupational and vocational training or
employment opportunities for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease
custody or supervised release in finding
employment.
``(e) Definitions.--In this section the following definitions
apply:
``(1) Case plan.--The term `case plan' means an
individualized, documented accountability and behavior change
strategy developed by the Director of the Bureau of Prisons to
prepare offenders for release and successful reentry into the
community. The case plan shall focus on the offender's
criminogenic needs and risk factors that are associated with
the risk of recidivism.
``(2) Criminogenic needs and risk factors.--The term
`criminogenic needs and risk factors' means characteristics and
behaviors that are associated with the risk of committing
crimes and that when addressed through evidence-based
programming are diminished. These factors include but are not
limited to--
``(A) criminal thinking;
``(B) criminal associates;
``(C) antisocial behavior and personality;
``(D) dysfunctional family;
``(E) low levels of employment;
``(F) low levels of education;
``(G) substance abuse;
``(H) mental health issues or cognitive deficits;
and
``(I) poor use of leisure time.
``(3) Dynamic risk factor.--The term `dynamic risk factor'
means a characteristic or attribute that has been shown to be
associated with risk of recidivism and that can be modified
based on a prisoner's actions, behaviors, or motives, including
through completion of appropriate programming or other means in
a prison setting.
``(4) Eligible prisoner.--The term `eligible prisoner'
means--
``(A) a prisoner serving a sentence of
incarceration for conviction of a Federal offense; but
``(B) does not include any prisoner who the Bureau
of Prisons determines--
``(i) would present a danger to himself or
others if permitted to participate in
recidivism reduction programming; or
``(ii) is serving a sentence of
incarceration of less than 1 month.
``(5) Productive activity.--The term `productive activity'
means a group or individual activity, including holding a job
as part of a prison work program, that is designed to allow
prisoners whose criminogenic needs and risk factors do not
warrant recidivism reduction programming.
``(6) Recidivism reduction program.--The term `recidivism
reduction program' means a group or individual activity that--
``(A) is of a kind that has been shown empirically
to reduce recidivism or promote successful reentry; and
``(B) may include--
``(i) substance abuse treatment;
``(ii) classes on social learning and life
skills;
``(iii) classes on morals or ethics;
``(iv) academic classes;
``(v) cognitive behavioral treatment;
``(vi) mentoring;
``(vii) occupational and vocational
training;
``(viii) faith-based classes or services;
and
``(ix) victim-impact classes or restorative
justice programs.
``(7) Recidivism risk.--The term `recidivism risk' means
the likelihood that a prisoner will commit additional crimes
for which the prisoner could be prosecuted in a Federal, State,
or local court in the United States.
``(8) Recovery programming.--The term `recovery
programming' means a course of instruction or activities that
has been demonstrated to reduce substance abuse or dependence
among participants, or to promote recovery among individuals
who have substance abuse issues.
``(9) Release eligibility date.--The term `release
eligibility date' means the earliest date at which the offender
could be released after accruing the maximum number of earned
time credits for which the offender is eligible.
``(10) Successful compliance.--The term `successful
compliance' means that the person in charge of the Bureau of
Prisons penal or correctional facility or that person's
designee has determined that the eligible prisoner, to the
extent practicable, and excusing any medical or court-related
absences satisfied the following requirements for not less than
30 days:
``(A) Regularly attended and actively participated
in appropriate recidivism reduction programs or
productive activities, as set forth in the eligible
prisoner's case plan.
``(B) Did not regularly engage in disruptive
activity that seriously undermined the administration
of a recidivism reduction program or productive
activity.
``(11) Earned time credits.--The term `earned time credits'
means credit toward service of the prisoner's sentence as
described in subsection (d)(3).''.
(c) Clerical Amendment.--The table of sections at the beginning of
subchapter C of chapter 229 of title 18, United States Code, is amended
by inserting after the item relating to section 3621 the following:
``3621A. Post-sentencing risk and needs assessment system.''.
PART 2--OVERSIGHT OF MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT
SEC. 60603. AUTHORIZING GRANTS TO STATES FOR THE USE OF MEDICATION-
ASSISTED TREATMENT FOR HEROIN, OPIOID, OR ALCOHOL ABUSE
IN RESIDENTIAL SUBSTANCE ABUSE TREATMENT.
(a) In General.--Section 1904 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ff-3) is amended--
(1) in subsection (d), by striking ``pharmacological
treatment'' and inserting ``pharmacological treatment or
medication assisted treatment not subject to diversion''; and
(2) by adding at the end the following:
``(e) Definitions.--In this section--
``(1) the term `medication assisted treatment' means the
use of medications approved by the Food and Drug
Administration, in combination with counseling or behavioral
therapies, to treat heroin, opioid, or alcohol addiction; and
``(2) the term `opioid' means any chemical that binds to an
opioid receptor and resembles opiates in its pharmacological
effects.''.
(b) Report on Medication Assisted Treatment for Opioid and Heroin
Abuse Pilot Program.--The Director of the Bureau of Prisons shall
submit within 90 days of enactment of this Act to the Committees on the
Judiciary and Appropriations of the Senate and the House of
Representatives a report and evaluation of the current pilot program
within the Bureau of Prisons to treat heroin and opioid abuse through
medication assisted treatment. The report shall include a description
of plans to expand access to medication assisted treatment for heroin
and opioid abuse for Federal prisoners in appropriate cases.
(c) Report on the Availability of Medication Assisted Treatment for
Opioid and Heroin Abuse.--Within 90 days after the date of the
enactment of this Act, the Director of the Administrative Office of the
United States Courts shall submit a report to the Committees on the
Judiciary and Appropriations of the Senate and the House of
Representatives assessing the availability of and capacity for the
provision of medication assisted treatment for opioid and heroin abuse
among treatment-service providers serving Federal offenders under
supervised release and including a description of plans to expand
access to medication assisted treatment that is not subject to
diversion for heroin and opioid abuse whenever appropriate among
Federal offenders under supervised release.
SEC. 60604. PERFORMANCE-BASED CONTRACTING FOR RESIDENTIAL REENTRY
CENTERS.
(a) In General.--The Director of the Bureau of Prisons shall--
(1) revise its policies and procedures related to
contracting with providers of Residential Reentry Centers to--
(A) meet the standards of performance-based
contracting; and
(B) include, among the standards of performance--
(i) a reduction in the recidivism rate of
offenders transferred to the Residential
Reentry Center; and
(ii) an annual evaluation of these
outcomes;
(2) require that new or renewed contracts with providers of
Residential Reentry Centers meet the standards of performance-
based contracting;
(3) review existing contracts with providers of Residential
Reentry Centers prior to renewal and update as necessary to
reflect the standards of performance-based contracting; and
(4) ensure performance-based contracts are actively managed
to meet the standards of performance-based contracting.
(b) Exceptions.--In those cases where it would not be cost
effective to use performance-based contracting standards, the Director
of the Bureau of Prisons shall provide an explanation for this
determination to the Attorney General, who may exempt a contract from
the requirements outlined in subsection (a)(2). Each exemption must be
approved in writing by the Attorney General before the Director of the
Bureau of Prisons enters into the contract.
(c) Definitions.--In this section the following definitions apply:
(1) Performance-based contracting.--The term ``performance-
based contracts'' means contracts that accomplish the
following:
(A) Identify expected deliverables, performance
measures, or outcomes; and render payment contingent
upon the successful delivery of those expected
deliverables, performance measures or outcomes.
(B) Include a quality assurance plan that describes
how the contractor's performance will be measured
against the expected deliverables, performance
measures, or outcomes.
(C) Include positive and negative incentives tied
to the quality assurance plan measurements.
(2) Recidivism rate.--The term ``recidivism rate'' refers
to the number and percentage of offenders who are arrested for
a new crime or commit a technical violation of the terms of
supervision that results in revocation to prison during the
period in which the offender is in the Residential Reentry
Center.
(3) Residential reentry centers.--The term ``Residential
Reentry Centers'' means privately run centers which provide
housing to Federal prisoners who are nearing release.
(d) Deadline for Carrying Out Section.--The Director of the Bureau
of Prisons shall complete initial compliance with the requirements of
this section not later than 1 year after the date of the enactment of
this Act.
(e) Evaluation.--Not later than 2 years after the date of the
enactment of this Act, the Government Accountability Office and Office
of the Inspector General of the Department of Justice shall each issue
a report on the progress made by the Director of the Bureau of Prisons
in implementing this section.
PART 3--IMPLEMENTING SWIFT, CERTAIN, AND PROPORTIONATE SANCTIONS FOR
VIOLATIONS OF CONDITIONS OF PROBATION OR SUPERVISED RELEASE
SEC. 60605. GRADUATED SANCTIONING SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this section, the United States Probation and Pretrial
Services and the Criminal Law Committee of the Judicial Conference
shall develop a standardized graduated sanctioning system (hereinafter
in this section referred to as the ``system''), to guide probation
officers in determining suitable sanctions in response to technical
violations of supervision. The United States Sentencing Commission
shall publish these factors and amend its guidelines and policy
statements so that they are consistent. The system shall--
(1) provide a range of possible sanctions, from less severe
to more severe; and
(2) allow officers to respond quickly to technical
violations of supervision.
(b) Development of Graduated Sanctioning System.--In designing the
graduated sanctioning system, the United States Probation and Pretrial
Services and the Criminal Law Committee of the Judicial Conference
shall use available research and best evidence-based practices in the
field, and shall consult with other stakeholders, including current
trial attorneys from the Department of Justice and a Federal Public or
Community Defender from the Defender Services Advisory Group.
(c) Content of Graduated Sanctioning System.--
(1) Graduated sanctions may include--
(A) verbal warnings;
(B) increased reporting requirements;
(C) curfew requirements;
(D) electronic monitoring;
(E) increased substance abuse testing or treatment;
(F) mental health counseling or treatment;
(G) behavioral therapy or anger management;
(H) community service; and
(I) loss of earned discharge credits pursuant to
section 3610.
(2) In determining appropriate sanctions, the United States
Probation and Pretrial Services and the Criminal Law Committee
of the Judicial Committee shall consider--
(A) the severity of the current violation;
(B) the number and severity of previous supervision
violations;
(C) the rehabilitative options available; and
(D) the costs of incarceration.
(d) Probation and Pretrial Services Training.--The Criminal Law
Committee of the Judicial Conference and the United States Probation
and Pretrial Services, in consultation with the Federal Judicial
Center, shall develop training protocols for staff responsible for
recommending graduated sanctions and for court-appointed counsel, which
shall include--
(1) initial training to educate staff and judges on how to
use the graduated sanctioning system, as well as an overview of
the relevant research regarding supervision practices shown to
reduce recidivism and improve offender outcomes;
(2) continuing education; and
(3) periodic training updates.
(e) Continuous Quality Improvement.--In order to ensure that the
United States Probation and Pretrial Services is using graduated
sanctions in an appropriate and consistent manner, the Judicial
Conference in consultation and coordination with the Chief Judge of
each Federal District Court shall--
(1) establish performance benchmarks and performance
assessments for probation officers, probation supervisors, and
probation and pretrial services; and
(2) establish additional continuous quality improvement
procedures related to the implementation and use of graduated
sanctions that include, but are not limited to, data
collection, monitoring, periodic audits, probation officer and
supervisor performance assessments, and corrective action
measures.
SEC. 60606. GRADUATED RESPONSES TO TECHNICAL VIOLATIONS OF SUPERVISION.
(a) In General.--Subchapter A of chapter 229 of title 18, United
States Code, is amended by inserting after section 3608 the following:
``Sec. 3609. Graduated responses to technical violations of supervision
``(a) In General.--If a court determines that a technical violation
of supervision warrants an alternative to arrest or incarceration, the
court may modify the terms of supervision by imposing a graduated
sanction as an alternative to revocation.
``(b) Recommendation and Imposition of Graduated Sanctions.--A
probation officer in recommending an appropriate sanction, and a court
in determining an appropriate sanction, shall use the graduated
sanctioning system established pursuant to the SAFE Justice Act. The
procedure for the imposition of graduated sanctions shall include the
following:
``(1) Notice of graduated sanctions.--Upon determining that
a technical violation of supervision warrants an alternative to
arrest or incarceration, a probation officer, with the
concurrence of that officer's probation supervisor, shall serve
on the supervisee a Notice of Graduated Sanctions, which shall
include--
``(A) a description of the violation of
supervision;
``(B) an appropriate graduated sanction or
sanctions to be imposed, as determined under the
graduated sanctioning system;
``(C) an inquiry whether the supervisee wishes to
waive the supervisee's right to a revocation or
modification proceeding under the Federal Rules of
Criminal Procedure; and
``(D) notice of the supervisee's right to retain
counsel or to request that counsel be appointed if the
supervisee cannot afford to retain counsel to consult
with legal counsel before agreeing to admit to the
alleged violation.
``(2) Counsel shall be appointed for any financially
eligible person.
``(3) Effect of supervisee elections after notice.--If the
supervisee agrees to waive the right to a revocation or
modification hearing, agrees in writing to submit to the
graduated sanction or sanctions as set forth in the Notice of
Graduated Sanctions, and admits to the alleged violation of
supervision, the specified sanction shall immediately be
imposed. If the supervisee does not agree to waive the right to
the revocation or modification hearing, does not agree to
submit to the specified sanction or sanctions, does not admit
to the alleged violation, or if the supervisee fails to
complete the graduated sanction or sanctions to the
satisfaction of the probation officer and that officer's
supervisor, then the probation officer may commence supervision
revocation or modification proceedings.
``(c) Definitions.--In this section:
``(1) Criminogenic risk and needs factors.--The term
`criminal risk and needs factors' means the characteristics and
behaviors that are associated with the risk of committing
crimes and, that when addressed with evidence-based programming
are diminished.
``(2) Evidence-based practices.--The term `evidence-based
practices' means policies, procedures, and practices that
scientific research demonstrates reduce recidivism.
``(3) Graduated sanctions.--The term `graduated sanctions'
means an accountability-based, graduated series of sanctions
applicable to supervisees to hold such supervisees accountable
for their actions by providing appropriate and proportional
sanctions for each violation of supervision.
``(4) Sanctioning grid.--The term `sanctioning grid' means
a list of graduated responses for use in responding to
supervisee behavior that violates a condition or conditions of
supervision, with responses ranging from less restrictive to
more restrictive based on the seriousness of the violation and
the number and severity of prior violations.
``(5) Nontechnical violation.--The term `nontechnical
violation' means a new criminal conviction for a crime
committed while an offender is on supervision.
``(6) Technical violation.--The term `technical violation'
means conduct by a person on supervision that violates a
condition or conditions of supervision, including a new arrest
for a crime allegedly committed while on supervision or
criminal charges that have been filed but not yet resulted in a
conviction. The term `technical violation' does not include a
conviction for a crime committed while the person was on
supervision.
``(7) Probation officer.--The term `probation officer'
means an employee of the United States Probation and Pretrial
Services who is directly responsible for supervising individual
supervisees.
``(8) Probation supervisor.--The term `probation
supervisor' means an employee of the United States Probation
and Pretrial Services who is directly responsible for
overseeing probation officers.
``(9) Supervisee.--The term `supervisee' means an
individual who is currently under supervision.
``(10) Supervision.--The term `supervision' means
supervision during a term of probation or supervised
release.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 229 of title 18, United States Code, is amended by inserting
after the item relating to section 3608 the following new item:
``3609. Graduated responses to technical violations of supervision.''.
(c) Conforming Amendments.--
(1) Mandatory conditions of probation.--Section 3563(a) of
title 18, United States Code, is amended--
(A) by striking ``and'' at the end of paragraph
(8);
(B) by striking the period at the end of paragraph
(9) and inserting ``; and''; and
(C) by adding after paragraph (9) the following:
``(10) for a felony or misdemeanor, that the court may
modify the term of probation by imposing a graduated sanction
if the probationer has waived the right to a hearing under the
Federal Rules of Criminal Procedure.''.
(2) Mandatory conditions of supervised release.--Section
3583(d) of title 18, United States Code, is amended by
inserting after ``DNA Analysis Backlog Elimination Act of
2000.'' the following: ``The court may modify the term of
supervised release by imposing a graduated sanction if the
defendant has waived the right to a hearing under the Federal
Rules of Criminal Procedure.''.
(3) Duties of probation officers.--Section 3603 of title
18, United States Code, is amended--
(A) in paragraph (2) by striking ``to the degree
required by the conditions specified by the sentencing
court'' and inserting ``to the degree required by
section 3609 and the conditions specified by the
sentencing court''; and
(B) in paragraph (3) by striking ``use all suitable
methods, not inconsistent with the conditions specified
by the court'' and inserting ``use a system of
graduated sanctions and incentives designed to deter
and respond immediately to violations of supervision
conditions, not inconsistent with the conditions
specified by the court''.
(d) Effective Date.--The amendments made by this section take
effect 1 year after the date of the enactment of this Act.
SEC. 60607. TARGETED AND PROPORTIONAL PENALTIES FOR REVOCATION OF
PROBATION.
(a) Penalties for Nontechnical Violations of Probation.--Subsection
(a) of section 3565 of title 18, United States Code, is amended to read
as follows:
``(a) Continuation or Revocation for Nontechnical Violations of
Probation.--If the defendant commits a nontechnical violation prior to
the expiration or termination of the term of probation, the court may,
after a hearing pursuant to the Federal Rules of Criminal Procedure,
and after considering the factors set forth in section 3553(a) to the
extent that they are applicable--
``(1) continue the defendant on probation for the remaining
duration of the term of probation, with the option to modify or
impose additional conditions; or
``(2) revoke the sentence of probation and resentence the
defendant under subchapter A.''.
(b) Penalties for Technical Violations of Probation.--Section 3565
of title 18, United States Code, is amended by adding at the end the
following:
``(d) Continuation or Revocation for Technical Violations of
Probation.--If the defendant commits a technical violation prior to the
expiration or termination of the term of probation, the court may,
after a hearing pursuant to the Federal Rules of Criminal Procedure,
and after considering the factors set forth in section 3553(a) to the
extent that they are applicable--
``(1) continue the defendant on probation for the remaining
duration of the original term of probation, with the option to
modify or impose additional conditions; or
``(2) revoke the sentence of probation and impose a period
of imprisonment not to exceed 60 days, which can be served in
one term of confinement or intermittent confinement (custody
for intervals of time) in jail, prison, community confinement,
or home detention in order not to disrupt employment or other
community obligations.''.
SEC. 60608. TARGETED AND PROPORTIONAL PENALTIES FOR VIOLATIONS OF
SUPERVISED RELEASE.
(a) Penalties for Nontechnical Violations of Supervised Release.--
Section 3583 of title 18, United States Code, is amended--
(1) in subsection (e), by amending paragraph (3) to read as
follows:
``(3) revoke the term of supervised release and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for any or all
offenses that resulted in the term of supervised release,
without any credit earned toward discharge under section 3610,
if the court, pursuant to the Federal Rules of Criminal
Procedure applicable to revocation of probation or supervised
release, finds by a preponderance of the evidence that the
defendant violated a condition of release, except that a
defendant whose term is revoked under this paragraph may not be
required to serve on any such revocation more than 5 years in
prison if the offense that resulted in the term of supervised
release is a class A felony, more than 3 years in prison if
such offense is a class B felony, more than 2 years in prison
if such offense is a class C or D felony, or more than one year
in any other case; or''; and
(2) by adding at the end the following:
``(m) Continuation or Revocation for Nontechnical Violations of
Supervised Release.--If the defendant commits a nontechnical violation
of supervised release prior to the expiration or termination of the
term of supervised release, the court may, after a hearing under the
provisions of the Federal Rules of Criminal Procedure, and after
considering the factors set forth in section 3553(a)--
``(1) continue the defendant on supervised release for the
remaining duration of the original term of supervised release,
with the option to modify or impose additional conditions; or
``(2) revoke the term of supervised release and require the
defendant to serve in prison all or part of the term of
supervised release authorized by statute for any or all the
offenses that resulted in the term of supervised release,
without any credit earned toward discharge under section
3610.''.
(b) Penalties for Technical Violations of Supervised Release.--
Section 3583 is amended by inserting after subsection (l) the
following:
``(m) Continuation or Revocation for Technical Violations of
Supervised Release.--If the defendant commits a technical violation of
supervised release prior to the expiration or termination of the term
of supervised release, the court may, after opportunity for a hearing
under the Federal Rules of Criminal Procedure and after considering the
factors set forth in section 3553(a)--
``(1) continue the defendant on supervised release for the
remaining duration of the term of probation, with the option to
modify or impose additional conditions; or
``(2) revoke the term of supervised release and impose a
period of imprisonment not to exceed 60 days, which can be
served in one term of confinement or intermittent confinement
(custody for intervals of time) in jail, prison, community
commitment, or home detention in order not to disrupt
employment or other community obligations.''.
PART 4--FOCUS SUPERVISION RESOURCES ON HIGH-RISK OFFENDERS
SEC. 60609. EARNED DISCHARGE CREDITS FOR COMPLIANT SUPERVISEES.
(a) In General.--Title 18, United States Code, is amended by
inserting after section 3609 (as added by section 522(a)) the
following:
``Sec. 3610. Incentivizing compliance with supervision conditions
``(a) In General.--A probation officer shall have the authority to
award positive reinforcements for a defendant who is in compliance with
the terms and conditions of supervision. These positive reinforcements
may include--
``(1) verbal recognition;
``(2) reduced reporting requirements; and
``(3) credits earned toward discharge which shall be
awarded pursuant to subsection (b).
``(b) Credits for Earned Discharge.--Supervisees shall be eligible
to earn discharge credits for complying with the terms and conditions
of supervision. These credits, once earned, shall reduce the period of
supervision.
``(1) Determination of award.--The probation officer shall
award 30 days of earned discharge credits for each calendar
month in which the offender is in compliance with the terms and
conditions of supervision. If the offender commits a violation
of supervision during the month, credits shall not be awarded
for that month.
``(2) Discharge from supervision.--Once the combination of
time served on supervision and earned discharge credits
satisfies the total period of supervision, upon motion of any
party or upon the court's own motion, the court shall terminate
the period of supervision. The probation officer shall notify
the parties and the court in writing at least 60 days prior to
the termination of supervision. The 60-day period shall include
the accrual of all earned discharge credits to that point.
``(c) Definitions.--In this section:
``(1) Probation officer.--The term `probation officer'
means an employee of Probation and Pretrial Services who is
directly responsible for supervising individual supervisees.
``(2) Supervisee.--The term `supervisee' has the meaning
given that term in section 3609.
``(3) Supervision.--The term `supervision' has the meaning
given that term in section 3609.
``(4) Termination of supervision.--The term `termination of
supervision' means discharge from supervision at or prior to
the expiration of the sentence imposed by the court.
``(5) Terms and conditions of supervision.--The term `terms
and conditions of supervision' means those requirements set by
the court.
``(6) Violation of supervision.--The term `violation of
supervision' means conduct by a person on supervision that
violates a condition of supervision.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter A of chapter 229 of title 18, United States Code, is amended
by inserting after the item relating to section 3609 (as added by
section 522(b)) the following new item:
``3610. Incentivizing compliance with supervision conditions.''.
(c) Effective Date.--The amendments made by this section take
effect 1 year after the date of the enactment of this Act.
SEC. 60610. ELIMINATION OF MANDATORY REVOCATION FOR MINOR DRUG
VIOLATIONS.
(a) Removing Substance-Related Violations as Grounds for Mandatory
Revocation of Supervised Release.--Section 3583(g) of title 18, United
States Code, is amended--
(1) in the flush text following paragraph (4), by striking
``require the defendant to serve a term of imprisonment not to
exceed the maximum term of imprisonment authorized by
subsection (e)(3)'' and inserting ``require the defendant to
serve a term of imprisonment not to exceed 60 days unless
otherwise authorized under subsection (l) or (m)'';
(2) by striking paragraphs (1) and (4);
(3) by renumbering paragraph (2) as paragraph (1), and
paragraph (3) as paragraph (2);
(4) by inserting ``or'' at the end of paragraph (2); and
(5) by striking ``or'' at the end of paragraph (3).
(b) Removing Substance-Related Violations as Grounds for Mandatory
Revocation of Probation.--Section 3565(b) of title 18, United States
Code, is amended--
(1) in the flush text following paragraph (4), by striking
``revoke the sentence of probation and resentence the defendant
under subchapter A to a sentence that includes a term of
imprisonment'' and inserting ``revoke the sentence of probation
and require the defendant to serve a term of imprisonment not
to exceed 60 days unless otherwise authorized under subsection
(a) or (d)'';
(2) by striking paragraphs (1) and (4);
(3) by renumbering paragraph (2) as paragraph (1), and
paragraph (3) as paragraph (2);
(4) by inserting ``or'' at the end of paragraph (1); and
(5) by striking ``or'' at the end of paragraph (2).
PART 5--MAXIMIZING PUBLIC SAFETY RETURNS ON CORRECTIONS DOLLARS
SEC. 60611. CLARIFICATION OR ORIGINAL CONGRESSIONAL INTENT REGARDING
CALCULATION OF GOOD TIME CONDUCT CREDIT.
(a) In General.--Section 3624(b) of title 18, United States Code,
is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Subject to paragraph (2) and in addition to the time
actually served by the prisoner and any credit provided to the
prisoner under any other provision of law, a prisoner who is
serving a term of imprisonment of more than 1 year, other than
a term of imprisonment for the duration of the prisoner's life,
shall receive credit computed under this paragraph toward that
prisoner's term of imprisonment. The credit under this
paragraph is computed beginning on the date on which the
sentence of the prisoner commences, at the rate of 54 days per
year of the sentence imposed by the court, if the Director of
the Bureau of Prisons determines that the prisoner has
displayed exemplary compliance with institutional disciplinary
regulations.''; and
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) This subsection applies to all prisoners serving a
term of imprisonment for offenses committed on or after
November 1, 1987. With respect to a prisoner serving a term of
imprisonment on the date of the enactment of the SAFE Justice
Act, this subsection shall apply to the entirety of the
sentence imposed on the prisoner, including time already
served.
``(4) A prisoner may not be awarded credit under this
subsection that would cause the prisoner to be eligible for
release earlier than the time the prisoner already has
served.''.
(b) Effective Date.--The amendments made by subsection (a) take
effect 90 days after the date of the enactment of this Act.
SEC. 60612. ANALYSIS OF FISCAL IMPLICATIONS FOR INCLUSION IN
PRESENTENCE REPORTS.
(a) Factors To Be Considered in Imposing a Sentence.--Section
3553(a)(3) of title 18, United States Code, is amended by striking the
semicolon and inserting ``and the average annual fiscal cost of
each;''.
(b) Presentence Reports.--Section 3552(a) of title 18, United
States Code, is amended by adding at the end the following ``The
appropriate officials of the United States Probation and Pretrial
Services shall provide information on the average annual cost of the
kinds of sentences available as part of the Presentence Investigation
Report. For the purposes of this subsection the average annual cost of
incarceration is the figure per fiscal year as published by the
Director of the Bureau of Prisons. The average annual fiscal costs of
alternatives to incarceration for that judicial district shall be
compiled by the United States Probation and Pretrial Services.''.
(c) Directive to the Sentencing Commission.--Pursuant to its
authority under section 994(p) of title 28, United States Code, and in
accordance with this section, the United States Sentencing Commission
shall amend its guidelines and its policy statements to ensure that the
guidelines and policy statements are consistent with the amendments
made by this section and reflect the intent of Congress that an
analysis of fiscal implications be included in presentence reports and
considered in the imposition of appropriate sentences.
(d) Directive to the Judicial Conference.--Pursuant to its
authority under section 334 of title 28, United States Code, and in
accordance with this section, the Judicial Conference of the United
States shall propose an amendment to the Federal Rules of Criminal
Procedure consistent with the amendments made by this section to
reflect the intent of Congress that an analysis of fiscal implications
shall be included in presentence reports and considered in the
imposition of appropriate sentences.
SEC. 60613. SUPPORTING SAFE LAW ENFORCEMENT.
(a) Findings.--Congress finds the following:
(1) Most law enforcement officers walk into risky
situations and encounter tragedy on a regular basis. Some, such
as the police who responded to the carnage of the Sandy Hook
Elementary School, witness horror that stays with them for the
rest of their lives. Others are physically injured in carrying
out their duties, sometimes needlessly, through mistakes made
in high stress situations. The recent notable deaths of
officers are stark reminders of the risk officers face. As a
result, physical, mental, and emotional injuries plague many
law enforcement agencies. However, a large proportion of
officer injuries and deaths are not the result of interaction
with offenders but the outcome of poor physical health due to
poor nutrition, lack of exercise, sleep deprivation, and
substance abuse. Yet these causes are often overlooked or given
scant attention. Many other injuries and fatalities are the
result of vehicular accidents. The wellness and safety of law
enforcement officers is critical not only to themselves, their
colleagues, and their agencies, but also to public safety.
(2) Officer suicide is also a problem. Police died from
suicide 2.4 times as often as from homicides. And though
depression resulting from traumatic experiences is often the
cause, routine work and life stressors--serving hostile
communities, working long shifts, lack of family or
departmental support--are frequent motivators too.
(3) According to estimates of the United States Bureau of
Labor Statistics, more than 100,000 law enforcement
professionals are injured in the line of duty each year. Many
are the result of assaults, which underscores the need for body
armor, but most are due to vehicular accidents.
(b) Authorized Uses.--Funds obligated, but subsequently unspent and
deobligated, may remain available, to the extent provided in
appropriations Acts, for use as specified under this section in ensuing
fiscal years. The Attorney General shall take all practicable steps to
use such funds as soon as practicable to carry out programs that are
consistent with the purposes of this title. Such programs include--
(1) a national ``Blue Alert'' warning system to enlist the
help of the public in finding suspects after a law enforcement
officer is killed in the line of duty;
(2) counseling and support services for family members of
law enforcement officers who are killed in the line of duty;
(3) national toll-free mental health hotline specifically
for law enforcement officers, which is both anonymous and peer-
driven and has the ability and resources to refer the caller to
professional help if needed;
(4) continuing research in the efficacy and implementation
of an annual fitness, resilience, nutrition, and mental health
check, in recognition that many health problems afflicting law
enforcement officers, notably cardiac issues, are cumulative;
(5) expanding Federal pension plans and incentivizing State
and local pension plans to recognize fitness for duty exams as
definitive evidence of valid duty or nonduty related disability
in recognition of the fact that officers injured in the line of
duty are often caught in limbo, without pay, unable to work but
also unable to obtain benefits because ``fitness for duty''
exams are not recognized as valid proof of disability and
because they cannot receive Social Security;
(6) implementing research-based findings into the number of
hours an officer should work consecutively and in total within
a 24-48 hour period, including special findings on the maximum
number of hours an officer should work in a high-risk or high-
stress environment (e.g. public demonstrations or emergency
situations) by implementing those findings federally and
providing incentives for State and local law enforcement to do
the same;
(7) providing individual tactical first-aid kits that
contain tourniquets, an Olaes modular bandage, and QuickClot
gauze, and training in hemorrhage control to every law
enforcement officer on the Federal level and providing
incentives for State and local enforcement agencies to do so;
(8) providing antiballistic vests and body armor to every
law enforcement officer on the Federal level, and providing
incentives for State and local law enforcement agencies to do
so;
(9) researching and providing training, including protocols
for use and consequences of misuse, prior to providing
oleoresin capsicum (OC) spray--commonly called pepper spray--to
every correctional worker in medium, high, and maximum security
Federal prisons as well as Federal Medical Centers, Federal
Detention Centers, and jail units operated by the Bureau of
Prisons and instituting a training program to educate workers
on how to use the spray responsibly and effectively for self-
defense purposes only, and providing incentives for State and
law enforcement agencies to do so;
(10) requiring the Director of the Bureau of Prisons to
ensure that each chief executive officer of a Federal penal or
correctional institution provides a secure storage area located
outside the secure perimeter of the institution for employees
to store firearms, or allowing employees to store firearms in a
vehicle lockbox approved by the Director of the Bureau of
Prisons;
(11) researching and/or developing the design
specifications or modifications for body-worn cameras with the
input of Federal, State, and local law enforcement leaders and
providing the devices or funding to purchase the device and
funding for related costs to implementation and storage costs
to every Federal law enforcement and correctional agency and
State and local officer, in recognition of the fact that these
devices reduce unwarranted complaints against officers while
also vindicating civilians who have been mistreated;
(12) researching, developing, and providing best practices
for Federal, State, and local law enforcement on the
acquisition, use, retention, and dissemination of auditory,
visual, and biometric data from law enforcement in a
constitutional manner and in light of privacy concerns, in
consultation with the Bureau of Justice Assistance, civil
rights and civil liberties organizations, as well as law
enforcement research groups and other experts;
(13) hiring of social workers by the Bureau of Prisons and
providing incentives for State and local governments to do so
because social workers are uniquely qualified to address the
release preparation needs of aging inmates, such as aftercare
planning and ensuring continuity of medical care;
(14) providing funding and training federally and to State
and local law enforcement agencies on community-based policing
principles to repair and rebuild trust and collaborative
relationships;
(15) providing funding to Federal, State, and local law
enforcement agencies to eliminate the DNA backlog, in
recognition that repeat, violent offenders, in particular sex
offenders, would be identified and prevented from committing
additional crimes;
(16) implementing requested and recommended mental health
treatments to Federal law enforcement and correctional officers
and providing incentives to State and local law enforcement and
corrections agencies to do the same;
(17) providing incentives and support services to State and
local law enforcement agencies to enhance the reporting to and
usage of the National Incident-Based Reporting System, which
collects data on each single incident and arrest within 22
offense categories made up of 46 specific crimes that are the
major ones facing law enforcement today, including terrorism,
white collar crime, weapons offenses, missing children in which
criminality is involved, drug offenses, hate crimes, spousal/
child/elder abuse, gang crimes, organized crime, sexual
exploitation, DUI and alcohol-related offenses;
(18) providing medication-assisted treatment for
individuals struggling with heroin, opioid, or alcohol abuse in
residential substance abuse treatment programs and providing
funding to State and local governments to do so;
(19) providing funding to State and local governments and
law enforcement agencies to implement the Attorney General's
best practices on information and resource parity and innocence
protection, including sharing the toolkits referenced in
section 60305 of this title to reduce the likelihood of
wrongful convictions, ``open file'' discovery practices,
evidence preservation, training on interrogation to avoid
coercive tactics that lead to false or unreliable confessions,
training on interviewing witnesses to avoid suggestive tactics
that lead to false or unreliable identifications, and training
on the cross-racial misidentification probability;
(20) investing in research and training in nonlethal tools
of policing that provide a greater range of law enforcement
response, including to de-escalate situations and reduce deadly
uses of force;
(21) investing in research and training in implicit bias
for local, State, and Federal law enforcement personnel and
developing comprehensive strategies to recognize and reduce
incidences of implicit bias;
(22) investing in evidence-based programs to assist
communities in developing comprehensive responses to youth
violence through coordinated prevention and intervention
initiatives;
(23) hiring social workers, psychologists, psychiatrists,
therapists, and counselors for Federal prisons and providing
funding to State and local governments to do the same as they
are uniquely qualified to address the release preparation needs
of inmates;
(24) providing funding to State and local law enforcement
agencies to provide incentives for officers with undergraduate
and graduate degrees;
(25) providing additional funding to Federal, State, and
local government agencies to provide competent and effective
counsel for persons financially unable to obtain legal
representation;
(26) providing additional funding for the grant program
established by the Second Chance Act (Public Law 110-199) to
prevent recidivism and improve public safety;
(27) providing funding for Federal, State, and local law
enforcement leaders to attend the FBI National Academy to share
best practices and support national coherence on important
policing issues in this ever-changing field;
(28) crime-reducing education grants, Federal pretrial
diversion programs, Federal problem-solving courts, the
elimination of mandatory minimums in the Federal law, and the
Innocence Protection Act of 2004; and
(29) providing funding for a competitive 5-year grant to a
nationally recognized, nonpartisan, scientifically sound,
research organization, with an advisory board comprised of
local, State, and Federal law enforcement leaders, and subject
matter experts, to create a national nonpunitive, forward-
focused peer review, training, and improvement center with the
goal of improved safety outcomes for officers and civilians
that would--
(A) establish a ``critical incident review''
mechanism, similar to those used in medicine and
aviation, as a comprehensive, protective, and accurate
way of examining the circumstances surrounding an
incident to accurately identify problems on a systemic
level to reduce the number and types of problems, to
improve policing outcomes, refine policies and
practices, and build upon meaningful conversations and
research to develop what improvements with cooperation
of the law enforcement agencies involved;
(B) establish a data input form and infrastructure
of a ``near miss'' database and for every policing
incident in which an officer or civilian life is lost
or substantial force is used to review knowledge gained
from past tragedies in order to disseminate it to
prevent future ones and to encourage new learning and
sustainable, stakeholder-driven change;
(C) study, recommend, and establish an ``officer-
involved shooting database'' for use when firearms have
been used against law enforcement officers and where
officers have used firearms against civilians to review
knowledge gained from past tragedies to distinguish
between actual risk versus perceived risk on the part
of the civilian or officer and to develop best
practices;
(D) advance training, technical assistance and
knowledge regarding mental health issues that occur
within the criminal justice system, including providing
training and funding for de-escalation techniques,
coordination among government agencies, information-
sharing, diversion initiatives, jail and prison
strategies, establishment of learning sites, suicide
prevention, and assistance and infrastructure for calls
for service and law enforcement triage capabilities;
(E) study, invest in, and apply policing research
tools that develop forecasts based upon evolving
technology, social movements, environmental changes,
economic factors, and political events; and
(F) educate and facilitate the advance of evidence-
based policing to encourage use of the best available
scientific evidence to control crime and disorder and
enhance officer safety and wellness.
(c) Funds To Supplement, Not Supplant, Existing Funds.--Funds
disbursed pursuant to this section shall not be used to supplant
existing State or local funds utilized for these purposes, but rather
to supplement them.
(d) Accounting.--Every year, the Department of Justice shall
provide an accounting of the reprogrammed funds to ensure that the
funds are disbursed and expended in a manner to maximize public safety
and make needed improvements to the criminal justice system. The
Attorney General shall report the findings to the Judiciary, Oversight,
and substantive congressional committees.
Subtitle G--Increasing Government Transparency and Accuracy
SEC. 60701. REPORT ON MANDATORY MINIMUMS.
Not later than one year after the date of the enactment of this
Act, the Government Accountability Office (GAO), in coordination with
the Attorney General, shall provide a report to Congress listing all
existing mandatory minimum penalties in force, including brief
summaries of the conduct prohibited by each and how frequently the
mandatory minimum is imposed.
SEC. 60702. FEDERAL DEFENDER ADDED AS A NONVOTING MEMBER OF THE
SENTENCING COMMISSION.
(a) In General.--Subsection (a) of section 991 of title 28, United
States Code, is amended--
(1) by striking ``one nonvoting member.'' at the end of the
first sentence and inserting ``two nonvoting members.''; and
(2) by inserting before the last sentence the following:
``A Federal public or community defender designated by the
Judicial Conference of the United States with the advice of the
Defender Services Advisory Group shall be a nonvoting member of
the Commission.''.
(b) Conforming Amendment.--The final sentence of section 235(b)(5)
of the Comprehensive Crime Control Act of 1984 (18 U.S.C. 3551 note) is
amended by striking ``nine members, including two ex officio, nonvoting
members'' and inserting ``ten members, including three nonvoting
members''.
SEC. 60703. BUDGET AND INMATE POPULATION IMPACT OF LEGISLATION ON THE
FEDERAL CORRECTIONS SYSTEM.
(a) Impact Analysis.--
(1) When required.--Upon request by the chair or ranking
member of the Committee on the Judiciary of either the Senate
or the House of Representatives with respect to legislation
referred to that committee that amends sentencing or
corrections policy or creates a new criminal penalty, the
Attorney General shall, before the final committee vote on
ordering the legislation reported, provide the requesting party
an impact analysis.
(2) Contents.--The impact analysis shall contain--
(A) an estimate of the Federal budgetary impact of
the legislation, both overall and broken down by each
agency affected in the executive and judicial branches;
and
(B) an estimate of the legislation's 10-year prison
bed impact on Federal facilities.
(b) Amendments.--Upon request by the chair or ranking member of the
Committee on the Judiciary of the Senate or the House of
Representatives with respect to any legislation ordered reported
favorably by that committee with amendment, the Attorney General shall,
not later than 30 days after the request is made, provide the
requesting party with an updated impact analysis.
(c) Inclusion of Impact Analysis or Statement.--The chair or
ranking member shall include in the committee report, or in additional,
separate, or dissenting views appended to the report, as the case may
be, any impact analysis provided at the request of that chair or
ranking member. If the Attorney General does not provide an impact
analysis in a timely manner, the chair or ranking member shall instead
include in the committee report or views, a statement that the impact
analysis was not provided.
(d) Effect of Failure To Comply With Requirements of Section.--The
Attorney General shall make every effort to provide an impact analysis
required under this section, and the requesting party shall make every
effort to give the Attorney General sufficient notice to do so.
However, failure to provide the impact analysis does not give rise to
any point of order regarding the legislation. Failure by a chair or
ranking member to include matter as required by this section in a
report or views appended to the report does not give rise to a point of
order regarding the legislation.
SEC. 60704. REPORTS.
(a) Annual Reports by the Attorney General.--Not later than 180
days after passage of this bill, and every year thereafter, the
Attorney General shall submit to the Congress, a report that contains
the following:
(1) Analysis of demographic (age, race/ethnicity, gender)
data on Federal offenders, including by offender demographics,
the number and types of offenses for which offenders in that
demographic have--
(A) been considered for prosecution by the
Department of Justice but not charged;
(B) been charged but charges were dismissed;
(C) been initially charged with mandatory minimums
that were not withdrawn or dismissed, listed by
statutory citation of mandatory minimum;
(D) been charged in a superseding indictment or
subsequent information with mandatory minimums;
(E) plea bargained in exchange for prosecutors not
charging mandatory minimums, including the type of
mandatory minimum plea bargained away;
(F) been initially charged with mandatory minimums
but were withdrawn or dismissed, listed by type of
mandatory minimum; and
(G) been convicted, the length of sentence they
received, and the judicial district in which they were
sentenced to track whether unwarranted sentencing
disparities are occurring in certain districts.
(2) An analysis of current and projected savings associated
with this title and the amendments made by this title.
(3) Developments in training and development and research
on the Department of Justice in conjunction with the Department
of Defense, on nonlethal tools of policing.
(b) Annual Reports by the Director of the Bureau of Prisons.--Not
later than 180 days after passage of this bill, and every January 1
thereafter, the Director of the Bureau of Prisons, in consultation with
the Inspector General of the Department of Justice, shall submit to
Congress a report that contains the following information, categorized
by race, national origin, gender, age, and religion:
(1) Prison data.--
(A) The number of offenders entering prison on a
new offense.
(B) The average sentence length for a new prison
sentence by offense type.
(C) The number of offenders entering prison on a
revocation of supervision.
(D) The average sentence length for offenders
entering prison for a probation revocation.
(E) The average sentence length for offenders
entering prison for a supervised release revocation.
(F) The average percentage of the sentence imposed
served in prison as compared to community, home, or
residential reentry center.
(G) The average percentage of prison sentences
served in prison by offense type for offenders entering
on a new offense.
(H) The number of offenders in solitary
confinement, including their race, gender, age, reason
for solitary confinement, length of stay in solitary
confinement, the number of total stays in solitary
confinement, the total time of stay in solitary
confinement, and the number of those offenders with
mental health issues, cognitive deficits, substance
abuse issues, or combat-related post-traumatic stress
disorder.
(I) Total prison population by offense type and by
the type of admission into prison.
(J) Recidivism rate by offense type.
(K) Offense rate after 3 years of release.
(2) Data related to expanded earned time credit and
recidivism reduction programming.--
(A) The number and percentage of offenders who have
earned time credit in the prior year.
(B) The average amount of time credit earned per
offender in the prior year.
(C) The average amount of time credit earned by
offenders released from prison in the prior year.
(D) Additional information as requested by the
Judiciary, Oversight, and other substantive committees.
(E) A summary and assessment of the types and
effectiveness of the recidivism reduction programs and
productive activities in facilities operated by the
Director of the Bureau of Prisons, including--
(i) evidence about which programs and
activities have been shown to reduce
recidivism;
(ii) the capacity of each program and
activity at each facility, including the number
of prisoners enrolled in each program and
activity; and
(iii) identification of any problems or
shortages in capacity of such programs and
activities, and how they should be remedied.
(3) Data related to release to extended supervision for
certain medically incapacitated and geriatric prisoners.--
(A) The number of offenders who petitioned for
release to extended supervision pursuant to section
3582(c)(1)(A) of title 18, United States Code.
(B) The number of offenders who petitioned and were
denied release to extended supervision pursuant to
section 3582(c)(1)(A) of title 18, United States Code,
and the common reasons for denial.
(C) The number of offenders released to extended
supervision pursuant to section 3582(c)(1)(A) of title
18, United States Code, who were revoked in the
previous year.
(c) Annual Reports by the Director of the Administrative Office of
the United States Courts.--Not later than 180 days after passage of
this bill, and every January 1 thereafter, the Director of the
Administrative Office of the United States Courts, in consultation with
the Judicial Conference, shall submit to the appropriate committees of
Congress, and publish publically, a report that contains the following:
(1) Probation data.--
(A) The number of offenders sentenced to probation
in the previous year.
(B) The number of offenders supervised on
probation.
(C) The number of probationers revoked for a
technical violation.
(D) The number of probationers who were convicted
of a new felony offense and sentenced to a term of
imprisonment, in either a local, State, or Federal
facility.
(2) Supervised release data.--
(A) The number of offenders placed on postrelease
supervision in the following year.
(B) The number of offenders supervised on
postrelease supervision.
(C) The number of offenders on supervised release
revoked for a technical violation.
(D) The number of offenders on supervised released
who were convicted of a new felony offense and
sentenced to a term of imprisonment, in either a local,
State, or Federal facility.
(3) Data related to the imposition of the graduated
sanctioning system.--
(A) The number and percentage of offenders who have
one or more violations during the year.
(B) The average number of violations per offender
during the year.
(4) Data related to the imposition of earned time
credits.--
(A) The number and percentage of offenders who
qualify for earned discharge in one or more months of
the year.
(B) The average amount of credits earned per
offender within the year.
(C) The average probation sentence length for
offenders sentenced to Federal probation.
(D) The average supervision sentence length for
offenders released to supervised release.
(E) The average time spent on Federal probation for
offenders successfully completing probation.
(F) The average time spent on supervised release
for offenders successfully completing supervised
release.
(5) Data related to problem-solving courts.--
(A) Total number of participants.
(B) Total number of successful participants.
(C) Total number of unsuccessful participants.
(D) Total number of participants who were arrested
for a new criminal offense while in the problem-solving
court program.
(E) Total number of participants who were convicted
of a new felony or misdemeanor offense while in the
problem-solving court program.
(F) Any other data or information as required by
the Judiciary, Oversight, and other substantive
committees.
(d) Definitions.--In this title, the following definitions apply:
(1) Recidivism.--The term ``recidivism'' means the return
to Federal prison of an offender not later than 3 years after
the date of release.
(2) Supervision.--The term ``supervision'' has the meaning
given that term in section 3609 of title 18, United States
Code.
(3) Offense rate.--The term ``offense rate'' means either
misdemeanor or felony convictions more than 3 years after the
date of release.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture, Armed Services, the Budget, Education and Labor, Energy and Commerce, Financial Services, Foreign Affairs, Homeland Security, House Administration, Natural Resources, Oversight and Reform, Rules, Science, Space, and Technology, Small Business, Transportation and Infrastructure, Veterans' Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Aviation.
Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.