[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5785 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 5785
To advance Black families in the 21st century.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2018
Mr. Richmond (for himself, Mr. Lewis of Georgia, Ms. Norton, Ms. Maxine
Waters of California, Mr. Bishop of Georgia, Mr. Clyburn, Mr. Hastings,
Ms. Eddie Bernice Johnson of Texas, Mr. Rush, Mr. Scott of Virginia,
Mr. Thompson of Mississippi, Ms. Jackson Lee, Mr. Cummings, Mr. Danny
K. Davis of Illinois, Mr. Meeks, Ms. Lee, Mr. Clay, Mr. David Scott of
Georgia, Mr. Butterfield, Mr. Cleaver, Mr. Al Green of Texas, Ms.
Moore, Ms. Clarke of New York, Mr. Ellison, Mr. Johnson of Georgia, Mr.
Carson of Indiana, Ms. Fudge, Ms. Bass, 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, and Mr. McEachin) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Oversight and Government Reform,
Financial Services, Transportation and Infrastructure, Ways and Means,
Energy and Commerce, the Budget, Education and the Workforce, Science,
Space, and Technology, Veterans' Affairs, Homeland Security, Armed
Services, Small Business, House Administration, and Agriculture, 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; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Jobs and Justice
Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; findings.
DIVISION A--JOBS
TITLE I--MAIN STREET MARSHALL PLAN
Subtitle A--In General
Sec. 1001. Submission of data relating to diversity by certain
contractors.
Sec. 1002. Submission of data relating to diversity by issuers.
Sec. 1003. Sense of Congress on infrastructure spending.
Sec. 1004. Sense of Congress on infrastructure workforce development.
Sec. 1005. Qualification of rehabilitation expenditures for public
school buildings for rehabilitation credit.
Sec. 1006. Supplemental appropriation for the drinking water State
revolving funds.
Sec. 1007. Highway projects.
Sec. 1008. Public transportation projects.
Sec. 1009. Establishment of performance measures for transportation
accessibility.
Sec. 1010. Supplemental appropriation for TIGER discretionary grant
program.
Sec. 1011. Definitions.
Sec. 1012. Purpose and reservation.
Sec. 1013. Allocation to States.
Sec. 1014. Need-based grants to qualified local educational agencies.
Sec. 1015. Annual report on grant program.
Sec. 1016. Authorization of appropriations.
Sec. 1017. School infrastructure bonds.
Sec. 1018. Expansion of qualified zone academy bonds.
Sec. 1019. Annual report on bond program.
Sec. 1020. Allowable uses of funds.
Sec. 1021. Prohibited uses.
Sec. 1022. Green practices.
Sec. 1023. Use of American iron, steel, and manufactured products.
Sec. 1024. Comptroller General report.
Sec. 1025. Study and report physical condition of public schools.
Sec. 1026. Development of data standards.
Sec. 1027. Information clearinghouse.
Sec. 1028. Temporary increase in funding for impact aid construction.
Subtitle B--Building Resiliency
Sec. 1201. Definitions.
Sec. 1202. Community Resilience Grant Program.
Sec. 1203. National Research Center for Resilience.
Sec. 1204. Annual programs report.
Sec. 1205. GAO reports.
Sec. 1206. Funding.
TITLE II--POVERTY
Sec. 2001. Allocation of funds for assistance in persistent poverty
counties.
Sec. 2002. Sense of the Congress.
Sec. 2003. Findings.
Sec. 2004. Definitions.
Sec. 2005. Applications.
Sec. 2006. Demonstration authority; annual grants.
Sec. 2007. Reserve fund.
Sec. 2008. Eligibility for participation.
Sec. 2009. Deposits by qualified entities.
Sec. 2010. Regulations.
Sec. 2011. Annual progress reports.
Sec. 2012. Sanctions.
Sec. 2013. Evaluations.
Sec. 2014. Costs of training qualified entities.
Sec. 2015. Waiver authority.
Sec. 2016. Authorization of appropriations.
Sec. 2017. Conforming amendments.
Sec. 2018. General effective date.
Sec. 2019. Low-income sewer and water assistance pilot program.
TITLE III--WORKFORCE DEVELOPMENT
Sec. 3001. Job skills training for older individuals.
Sec. 3002. Extension of work opportunity tax credit for certain
targeted groups.
Sec. 3003. Youth and summer jobs.
Sec. 3004. YouthBuild program.
Sec. 3005. Tax credit for providing programs for students that promote
economic and financial literacy.
Sec. 3006. Teacher recruiting.
Sec. 3007. Recidivism reduction working group.
Sec. 3008. Commendable release program.
Sec. 3009. Increase in work opportunity tax credit for hiring qualified
ex-felons.
Sec. 3010. Entrepreneurship apprenticeships.
Sec. 3011. Expansion of eligible programs.
Sec. 3012. Model standards and guidelines for credentialing
environmental health workers.
Sec. 3013. Environmental health workforce development plan.
Sec. 3014. Environmental health workforce development report.
Sec. 3015. Public service loan forgiveness.
Sec. 3016. Definitions.
Sec. 3017. Grants to prepare girls and underrepresented minorities.
Sec. 3018. GAO study.
Sec. 3019. Contents of study.
Sec. 3020. Report.
Sec. 3021. Grants to units of general local government.
Sec. 3022. Back to Basics Job Creation grant program.
Sec. 3023. Grants for provision of transition assistance to members of
the Armed Forces recently separated from
active duty service.
Sec. 3024. Credit for employees participating in qualified
apprenticeship programs.
Sec. 3025. Findings.
Sec. 3026. Authorization of appropriations.
Sec. 3027. Reservation of funds for administrative and other purposes.
Sec. 3028. Summer employment opportunities for at-risk youth.
Sec. 3029. Year-round employment for opportunity youth.
Sec. 3030. Connecting-for-opportunities competitive grant program.
Sec. 3031. Labor standards.
Sec. 3032. Privacy.
Sec. 3033. Innovation and learning.
Sec. 3034. Evaluation and reports.
Sec. 3035. Definitions.
Sec. 3036. Minimum wage increases.
Sec. 3037. Tipped employees.
Sec. 3038. Newly hired employees who are less than 20 years old.
Sec. 3039. Publication of notice.
Sec. 3040. Promoting economic self-sufficiency for individuals with
disabilities.
Sec. 3041. General effective date.
Sec. 3042. Prohibitions relating to prospective employees' salary and
benefit history.
Sec. 3043. Private right of action under the National Labor Relations
Act.
Sec. 3044. Findings and purpose.
Sec. 3045. Urging employment, on-the-job training, and apprenticeships
for unemployed African-American young men
in rebuilding the Nation's crumbling
infrastructure.
Sec. 3046. Sense of Congress.
Sec. 3047. Increase in research credit for contracted research with
United States businesses.
Sec. 3048. Homeland Security cybersecurity workforce; personnel
authorities.
Sec. 3049. Protecting Social Security, railroad retirement, and black
lung benefits from administrative offset.
Sec. 3050. Expansion of authority for noncompetitive appointments of
military spouses by Federal agencies.
Sec. 3051. Report on mechanisms to increase participation in Department
of Defense contracts of firms with programs
to employ military spouses.
Sec. 3052. Improvement of education and career opportunities programs
for military spouses.
Sec. 3053. Military family childcare matters.
Sec. 3054. Expansion of period of availability of Military OneSource
program for retired and discharged members
of the Armed Forces and their immediate
families.
Sec. 3055. Transition assistance for military spouses.
Sec. 3056. Public-private partnerships on health, safety, welfare, and
morale of military families.
Sec. 3057. Small business activities of military spouses on military
installations.
Sec. 3058. Report on assessment of frequency of permanent changes of
station of members of the Armed Forces on
employment among military spouses.
TITLE IV--HEALTH
Sec. 4001. Study on the uninsured.
Sec. 4002. Volunteer dental projects and action for dental health
program.
Sec. 4003. Critical access hospital improvements.
Sec. 4004. Community health center collaborative access expansion.
Sec. 4005. Improving opportunity diaper distribution demonstration
project.
Sec. 4006. Findings.
Sec. 4007. Findings.
Sec. 4008. Expanding research and education with respect to endometrial
cancer.
TITLE V--SMALL BUSINESS
Sec. 5001. Direct loans to small business concerns.
Sec. 5002. Pilot program to fund local incubators.
Sec. 5003. Funding for organizations that support startup businesses.
Sec. 5004. Expanding broadcast ownership opportunities.
Sec. 5005. Permanent increase of limitation on deduction for start-up
and organizational expenditures.
Sec. 5006. Veteran small business start-up credit.
Sec. 5007. Inspector General report on participation in FAA programs by
disadvantaged small business concerns.
Sec. 5008. Minority and disadvantaged business participation.
Sec. 5009. Passenger facility charges.
Sec. 5010. Annual tracking of certain new firms at airports with a
disadvantaged business enterprise program.
Sec. 5011. Audits.
Sec. 5012. Prompt payments.
Sec. 5013. Expansion of credit for expenditures to provide access to
disabled individuals.
Sec. 5014. Reporting requirements for certain small business concerns.
TITLE VI--ECONOMIC DEVELOPMENT
Sec. 6001. Economic growth, retention, and recruitment of commercial
investment in economically underserved
communities.
Sec. 6002. Minority Bank Deposit Program.
Sec. 6003. Reporting certain positive consumer credit information to
consumer reporting agencies.
Sec. 6004. Gender and racial and ethnic diversity in appointing Federal
Reserve bank presidents.
Sec. 6005. Allocations under new markets tax credit made more
competitive.
Sec. 6006. Extension and improvement of new markets tax credit.
TITLE VII--HOUSING AND ASSET BUILDING
Sec. 7001. Sense of Congress regarding the right of all renters to a
safe, affordable, and decent home.
Subtitle A--A Path to Ending Homelessness
Sec. 7101. Congressional findings.
Sec. 7102. Emergency relief funding.
Sec. 7103. Housing Trust Fund.
Sec. 7104. Technical assistance funds to help States and local
organizations align health and housing
systems.
Sec. 7105. Permanent authorization of appropriations for McKinney-Vento
Homeless Assistance Act grants.
Sec. 7106. Permanent extension of United States Interagency Council on
Homelessness.
Sec. 7107. Emergency designation.
Subtitle B--Tenant Blacklisting
Sec. 7201. Tenant blacklisting.
Sec. 7202. Capital Fund amounts for large public housing agencies.
Sec. 7203. Assistance to NeighborWorks for mortgage foreclosure
mitigation activities.
Sec. 7204. Incremental housing choice voucher assistance.
Sec. 7205. Extension of pilot program.
Subtitle C--Financial Literacy
Sec. 7301. Discount on mortgage insurance premium payments for first-
time homebuyers who complete financial
literacy housing counseling programs.
Sec. 7302. Young Americans financial literacy.
Sec. 7303. Office for Under-Banked and Un-Banked Consumers.
Subtitle D--Housing Fairness
Sec. 7401. Testing for discrimination.
Sec. 7402. Increase in funding for the Fair Housing Initiatives
Program.
Sec. 7403. Sense of Congress.
Sec. 7404. Grants to private entities to study housing discrimination.
Sec. 7405. Limitation on use of funds.
TITLE VIII--EDUCATION
Subtitle A--Elementary and Secondary Education
Part 1--Supporting Promise Neighborhoods
Sec. 8001. Purpose.
Sec. 8002. Definitions.
subpart a--promise neighborhood partnership grants
Sec. 8011. Program authorized.
Sec. 8012. Eligible entities.
Sec. 8013. Application requirements.
Sec. 8014. Use of funds.
Sec. 8015. Report and publicly available data.
Sec. 8016. Accountability.
subpart b--general provisions
Sec. 8021. Planning grants.
Sec. 8022. Evaluation.
Sec. 8023. National activities.
Sec. 8024. Authorization of appropriations.
Part 2--Increased Access to Computer Science Education
Sec. 8031. Definitions.
Sec. 8032. Grants to States, local educational agencies, and eligible
Tribal schools.
Sec. 8033. Reporting requirements.
Part 3--Environmental Justice Education
Sec. 8041. Grants authorized.
Subtitle B--Community College
Sec. 8101. Purpose.
Part 1--State and Indian Tribe Grants for Community Colleges
Sec. 8111. In general.
Sec. 8112. Federal share; non-Federal share.
Sec. 8113. Eligibility.
Sec. 8114. Applications.
Sec. 8115. Allowable uses of funds.
Sec. 8116. Definitions.
Sec. 8117. Appropriations.
Part 2--Grants to Certain Institutions of Higher Education
Sec. 8121. Pathways to student success for historically black colleges
and universities.
Sec. 8122. 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. 8123. Definitions.
Sec. 8124. Appropriations.
Subtitle C--Higher Education
Part 1--Early College Federal Pell Grants
Sec. 8201. Early College Federal Pell Grant.
Part 2--Mandatory Funding for Pell Grants
Sec. 8205. Funding Federal Pell Grants through mandatory funding.
Part 3--Including Parent PLUS Loans in Income-Contingent and Income-
Based Repayment Plans
Sec. 8211. Applicable rate of interest for PLUS loans.
Sec. 8212. Elimination of origination fee for Parent PLUS loans.
Sec. 8213. Counseling for Parent PLUS borrowers.
Sec. 8214. Inclusion of Parent PLUS loans in income-contingent and
income-based repayment plans.
Part 4--America RISING Program
Sec. 8221. Establishment of America RISING program.
Part 5--Science and Technology
Sec. 8231. Office of Cybersecurity Education and Awareness.
Sec. 8232. Science and technology initiative grants.
Sec. 8233. Project-based learning program.
Sec. 8234. Matching funds for State and privately financed science and
technology after-school programs.
Sec. 8235. Science and Technology Board of Advisors.
Sec. 8236. Laboratories for science and technology excellence.
Sec. 8237. Computing and Information Research Working Group.
Sec. 8238. Process for adoption research and a best practices voluntary
guidelines for laboratory facilities.
Sec. 8239. Computing and information security mentoring programs for
college students.
Sec. 8240. Grants for computer equipment.
Sec. 8241. Centers of Academic Computing and Information Assurance.
Sec. 8242. Lifelong learning in computer and information security
study.
Sec. 8243. Computer and information security job opportunities program.
Sec. 8244. Department of Homeland Security cybersecurity training
programs and equipment.
Sec. 8245. E-Security Fellows Program.
Sec. 8246. National Science Foundation study on science and technology
student retention.
Sec. 8247. Challenge Grants.
Sec. 8248. E-Security Fellows Program.
Part 6--Supplemental Nutrition Assistance Program
Sec. 8251. Eligibility of students to participate in the supplemental
nutrition assistance program.
Part 7--Strengthening Prevention and Response Measures for Hate Crimes
on College Campuses
Sec. 8261. Hate crime prevention and response.
Sec. 8262. Clery Act amendments.
Sec. 8263. Program participation agreements.
Sec. 8264. Accrediting agency recognition.
Subtitle D--Historically Black Colleges and Universities
Sec. 8301. Bond insurance.
Sec. 8302. Strengthening technical assistance.
Sec. 8303. HBCU Capital Financing Advisory Board.
Subtitle E--Mentoring
Sec. 8401. Transition-to-Success Mentoring Program.
Sec. 8402. Table of contents.
Subtitle F--Civil Rights
Sec. 8501. Restoration of right to civil action in disparate impact
cases under title VI of the Civil Rights
Act of 1964.
Sec. 8502. Designation of monitors under title VI of the Civil Rights
Act of 1964.
Sec. 8503. Special Assistant for Equity and Inclusion.
DIVISION B--JUSTICE
TITLE I--POLICE REFORM
Sec. 1001. Definitions.
Sec. 1002. Prohibition.
Sec. 1003. Enforcement.
Sec. 1004. Policies to eliminate racial profiling.
Sec. 1005. Policies required for grants.
Sec. 1006. Involvement of Attorney General.
Sec. 1007. Data collection demonstration project.
Sec. 1008. Best practices development grants.
Sec. 1009. Authorization of appropriations.
Sec. 1010. Attorney General to issue regulations.
Sec. 1011. Publication of data.
Sec. 1012. Limitations on publication of data.
Sec. 1013. Attorney General to issue regulations and reports.
Sec. 1014. Severability.
Sec. 1015. Savings clause.
Sec. 1016. Body-worn camera grants.
Sec. 1017. Study on the cost of the purchase and use of body-worn
cameras by law enforcement agencies.
Sec. 1018. Establishment of task force on community policing and body
camera accountability.
Sec. 1019. GAO report on Pentagon's 1033 Program.
Sec. 1020. Findings.
Sec. 1021. Use of body cameras by certain ICE officers.
Sec. 1022. Recordings to be provided to certain persons.
Sec. 1023. Withholding of certain funds.
Sec. 1024. Accreditation of law enforcement agencies.
Sec. 1025. Definitions.
Sec. 1026. Law enforcement grants.
Sec. 1027. Attorney General to conduct study.
Sec. 1028. Authorization of appropriations.
Sec. 1029. National Task Force on Law Enforcement Oversight.
Sec. 1030. Federal data collection on law enforcement practices.
Sec. 1031. Medallions for fallen law enforcement officers.
Sec. 1032. Training on de-escalation for law enforcement.
Sec. 1033. Data collection.
Sec. 1034. Affirmative duty to use de-escalation tactics when
available.
Sec. 1035. Attorney General guidance.
Sec. 1036. In general.
Sec. 1037. Findings.
Sec. 1038. Use of COPS grant funds to hire law enforcement officers who
are residents of the communities they
serve.
Sec. 1039. Definitions.
Sec. 1040. Use of force reporting.
Sec. 1041. Community and law enforcement partnership grant program.
Sec. 1042. Compliance with reporting requirements.
Sec. 1043. Authorization of appropriations.
Sec. 1044. Findings.
Sec. 1045. Limitation on Department of Defense transfer of personal
property to local law enforcement agencies.
Sec. 1046. Findings.
Sec. 1047. Task force to assist Federal officials in determining
appropriateness of items for use by law
enforcement.
Sec. 1048. Urban Areas Security Initiative and State Homeland Security
grant program.
Sec. 1049. Modification of authority to transfer Department of Defense
property for law enforcement activities.
Sec. 1050. Edward Byrne Memorial Justice Assistance Grants.
Sec. 1051. Department of Justice reports on SWAT teams.
Sec. 1052. Federal Law Enforcement Training Center certification of
instructors in training on use of force and
special equipment.
Sec. 1053. Civil action by Attorney General.
Sec. 1054. Annual reporting requirement.
Sec. 1055. Grants to educate Americans about the principles and
practice of nonviolence.
Sec. 1056. Limitation on use of funds.
Sec. 1057. Findings.
Sec. 1058. Eligibility for grants under the Byrne JAG Program.
Sec. 1059. Prohibition of money bail in Federal criminal cases.
Sec. 1060. Reduction in grant funding for units of local government.
Sec. 1061. Exemptions.
Sec. 1062. Waivers.
TITLE II--PUBLIC DEFENSE
Sec. 2001. Clarification of right to counsel.
Sec. 2002. Treatment of individuals held or detained at ports of entry
or at any CBP or ICE detention facility.
Sec. 2003. Duty to disclose favorable information.
Sec. 2004. Technical and conforming amendments.
TITLE III--DRUG POLICY REFORM
Sec. 3001. De-scheduling marihuana.
Sec. 3002. Community Reinvestment Fund.
Sec. 3003. Findings; sense of Congress.
Sec. 3004. Limitation on receipt of Byrne grant funds and other
Department of Justice law enforcement
assistance.
Sec. 3005. Collection of data.
TITLE IV--JUVENILE JUSTICE
Sec. 4001. Findings.
Sec. 4002. Commission establishment and membership.
Sec. 4003. Other matters relating to appointment; removal.
Sec. 4004. Leadership election.
Sec. 4005. Commission duties and powers.
Sec. 4006. Commission meeting requirements.
Sec. 4007. Annual report guidelines.
Sec. 4008. Commission compensation.
TITLE V--PARENTAL INCARCERATION (EXCLUDING CASES INVOLVING CRIMES
AGAINST CHILDREN)
Sec. 5001. Treatment of primary caretaker parents and other individuals
in Federal prisons.
Sec. 5002. Overnight visit pilot program.
TITLE VI--SENTENCING REFORM
Sec. 6001. Findings.
Sec. 6002. Approval of certain prosecutions by Attorney General.
Sec. 6003. Modification of certain sentencing provisions.
Sec. 6004. Eligibility for resentencing based on changes in law.
Sec. 6005. Directives to the Sentencing Commission.
Sec. 6006. Exclusion of acquitted conduct and discretion to disregard
manipulated conduct from consideration
during sentencing.
Sec. 6007. Amendments to enhanced penalties provision.
Sec. 6008. 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.
TITLE VII--DEATH PENALTY REFORM
Sec. 7001. Repeal of Federal laws providing for the death penalty.
Sec. 7002. Prohibition on imposition of death sentence.
TITLE VIII--VOTING
Sec. 8000. Short title.
Subtitle A--Voting Rights Advancement
Sec. 8001. Short title.
Sec. 8002. Voting on Indian lands.
Sec. 8003. Violations triggering authority of court to retain
jurisdiction.
Sec. 8004. Criteria for coverage of States and political subdivisions.
Sec. 8005. Determination of States and political subdivisions subject
to preclearance for covered practices.
Sec. 8006. Promoting transparency to enforce the Voting Rights Act.
Sec. 8007. Authority to assign observers.
Sec. 8008. Preliminary injunctive relief.
Sec. 8009. Definitions.
Sec. 8010. Bilingual election requirements.
Sec. 8011. Requiring declaratory judgment or preclearance as
prerequisite for multiple Congressional
redistricting plans enacted pursuant to
same decennial census and apportionment of
Representatives.
Sec. 8012. Other technical and conforming amendments.
Sec. 8013. Tribal voting consultation.
Subtitle B--Promoting Internet Registration
Sec. 8100. Short title.
Part 1--Promoting Internet Registration
Sec. 8101. Requiring availability of Internet for voter registration.
Sec. 8102. Use of Internet to update registration information.
Sec. 8103. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 8104. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 8105. Effective date.
Part 2--Automated Registration of Certain Individuals
Sec. 8111. Automated voter registration.
Sec. 8112. List maintenance, privacy, and security.
Sec. 8113. Promoting accuracy of Statewide voter registration lists.
Sec. 8114. Definitions.
Sec. 8115. Effective date.
Part 3--Other Initiatives To Promote Voter Registration
Sec. 8121. Same day registration.
Sec. 8122. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 8123. Annual reports on voter registration statistics.
Part 4--Availability of HAVA Requirements Payments
Sec. 8131. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 5--Prohibiting Interference With Voter Registration
Sec. 8141. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 8142. Establishment of best practices.
Subtitle C--Access to Voting for Individuals With Disabilities
Sec. 8201. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 8202. Pilot programs for enabling individuals with disabilities to
register to vote and vote privately and
independently at residences.
Sec. 8203. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Subtitle D--Prohibiting Voter Caging
Sec. 8301. Voter caging and other questionable challenges prohibited.
Sec. 8302. Development and adoption of best practices for preventing
voter caging.
Sec. 8303. Severability.
Subtitle E--Prohibiting Deceptive Practices
Sec. 8401. Prohibition on deceptive practices in Federal elections.
Sec. 8402. Modification of penalty for voter intimidation.
Sec. 8403. Sentencing guidelines.
Sec. 8404. Reporting violations; corrective action.
Subtitle F--Democracy Restoration
Sec. 8501. Rights of citizens.
Sec. 8502. Enforcement.
Sec. 8503. Notification of restoration of voting rights.
Sec. 8504. Definitions.
Sec. 8505. Relation to other laws.
Sec. 8506. Federal prison funds.
Sec. 8507. Effective date.
Subtitle G--Accuracy, Integrity, and Security of Elections
Sec. 8600. Short title.
Part 1--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 8601. Moratorium on acquisition of certain direct recording
electronic voting systems and certain other
voting systems.
Sec. 8602. Paper ballot and manual counting requirements.
Sec. 8603. Accessibility and ballot verification for individuals with
disabilities.
Sec. 8604. Additional voting system requirements.
Sec. 8604. Effective date for new requirements.
Part 2--Requirement for Mandatory Manual Audits by Hand Count
Sec. 8611. Mandatory manual audits.
Sec. 8612. Availability of enforcement under Help America Vote Act of
2002.
Sec. 8613. Guidance on best practices for alternative audit mechanisms.
Sec. 8614. Clerical amendment.
Subtitle H--Provisional Ballots
Sec. 8701. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle I--Early Voting and Voting by Mail
Sec. 8801. Early voting and voting by mail.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 8901. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 8902. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 8903. Enforcement.
Sec. 8904. Revisions to 45-day absentee ballot transmission rule.
Sec. 8905. Use of single absentee ballot application for subsequent
elections.
Sec. 8906. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 8911. Leave to serve as a poll worker for Federal employees.
Sec. 8912. Grants to States for poll worker recruitment and training.
Sec. 8913. Model poll worker training program.
Sec. 8914. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 8921. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 8931. Prohibition on campaign activities by chief State election
administration officials.
Sec. 8932. Due process requirements for individuals proposed to be
removed from list of eligible voters.
Sec. 8933. Mandatory response by Attorney General to allegations of
voter intimidation or suppression by law
enforcement officers and other government
officials.
Subtitle N--Election Day as Legal Public Holiday
Sec. 8941. Treatment of Election Day in same manner as legal public
holiday for purposes of Federal employment.
Subtitle O--Other Election Administration Improvements
Sec. 8951. Requirements for availability of sufficient polling places,
equipment, and resources.
Sec. 8952. Treatment of universities as voter registration agencies.
Sec. 8953. Requiring States to accept student identifications for
purposes of meeting voter identification
requirements.
Sec. 8954. Minimum notification requirements for voters affected by
polling place changes.
Sec. 8955. Voter information response systems and hotline.
Sec. 8956. Reauthorization of election assistance commission.
Sec. 8957. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 8958. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Sec. 8959. Permitting Election Assistance Commission to exercise
rulemaking authority.
Sec. 8960. No effect on other laws.
TITLE IX--PRISON REFORM
Sec. 9001. Elimination of Federal contracts for privately run prisons
within 3 years.
Sec. 9002. Prohibition on private entities running prisons housing
State and local prisoners after 3 years.
Sec. 9003. Freedom of Information Act applicable for contract prisons.
Sec. 9004. Restrictions on the provision of inmate telephone and video
service.
Sec. 9005. Federal prisoner reentry initiative reauthorization;
modification of imposed term of
imprisonment.
Sec. 9006. Reinstatement of parole.
Sec. 9007. Termination of detention bed quota.
Sec. 9008. Oversight of detention facilities.
Sec. 9009. Prerelease custody.
Sec. 9010. Purposes.
Sec. 9011. National solitary confinement study and reform commission.
Sec. 9012. Adoption and effect of national standards.
Sec. 9013. Definitions.
TITLE X--COLLATERAL CONSEQUENCES
Sec. 10001. Repeal of suspension of eligibility under the Higher
Education Act of 1965 for grants, loans,
and work assistance for drug-related
offenses.
Sec. 10002. Repeal of denial of assistance and benefits for certain
drug-related convictions.
Sec. 10003. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 10004. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 10005. Report on employment of individuals formerly incarcerated
in Federal prisons.
Sec. 10006. Penalty for unauthorized participation by convicted
individual.
Sec. 10007. Lowering the age for expungement of certain convictions for
simple possession of controlled substances
by nonviolent young offenders.
Sec. 10008. Residence of incarcerated individuals.
TITLE XI--GUN VIOLENCE
Sec. 11001. Definitions of ``intimate partner'' and ``misdemeanor crime
of domestic violence'' expanded.
Sec. 11002. Unlawful sale of firearm to a person subject to court
order.
Sec. 11003. List of persons subject to a restraining or similar order
prohibited from possessing or receiving a
firearm expanded.
Sec. 11004. Stalking prohibitions.
Sec. 11005. Findings.
Sec. 11006. Research on mental health, gun violence, and how they
intersect.
Sec. 11007. Report on effects of gun violence on public health.
Sec. 11008. Report on effects of gun violence on mental health in
minority communities.
(c) Findings.--Congress finds the following:
(1) Nearly 70 years have passed since the post-World War II
economic recovery initiative known as the Marshall Plan spurred
the fastest period of growth in European history. Industrial
and agricultural production skyrocketed. The poverty and
starvation of the immediate postwar years disappeared, and
Western Europe embarked upon an unprecedented two decades of
growth that saw standards of living increase dramatically.
(2) Whitney M. Young, who served as executive director of
the National Urban League from 1961 to 1971, first proposed a
domestic Marshall Plan in 1964. Many elements of his plan,
which called for $145 billion in spending over 10 years, were
incorporated into President Lyndon B. Johnson's War on Poverty
legislation.
(3) In the 1990 edition of the State of Black America,
National Urban League President John Jacob again called for an
urban Marshall Plan.
(4) In 2017, the National Urban League again called for an
investment in America by introducing ``The Main Street Marshall
Plan: From Poverty to Shared Prosperity.'' The plan calls for
investment in physical infrastructure such as roads, bridges
and buildings, and for human development, such as education,
job training and health insurance.
(5) African Americans were disproportionately battered by
the Great Recession and have benefited least from the fragile
economic recovery that has followed and continue to lag behind
in employment, entrepreneurship, education and homeownership,
across all educational levels.
(6) While the United States economy has emerged from the
depths of the Great Recession, employment outcomes remain
challenging for African Americans.
(7) The African American unemployment rate, at 6.9 percent,
remains nearly twice the White unemployment rate of 3.6
percent, a situation which has been true for nearly as long as
unemployment statistics have been recorded (since around the
time of the Great Depression).
(8) Unemployment remains particularly acute among African
American youth between the ages of 16 and 19. As of March 2018,
the Bureau of Labor Statistics reported that the Black youth
unemployment rate of those ages is 27.9 percent compared with
10.7 percent for White youth of this age. This dramatizes the
tremendous employment challenges faced by African American
youth who live in urban communities.
(9) Although Census Data shows that Black-owned businesses
are growing in number at a faster rate than for any other
group, they have failed to realize their full economic
potential.
(10) According to the Kauffman Foundation's calculations
from the U.S. Census Annual Survey of Entrepreneurs, while the
average size of mature, non-minority-owned businesses is
$2,300,000 in annual revenue when they have been in business 11
to 15 years, the average size of minority-owned businesses is
only $1,600,000 at the same age. Minorities own half as many
businesses as non-minorities. The conclusion Kauffman draws:
minority-owned businesses start smaller and stay smaller.
(11) Studies show that lifetime earnings go up for American
adults with each level of educational attainment.
(12) According to the National Center for Education
Statistics (NCES), in 2014 the median earnings of young adults
with a bachelor's degree ($49,900) were 66 percent higher than
the median earnings of young adult high school completers
($30,000). The median earnings of young adult high school
completers were 20 percent higher than the median earnings of
those without a high school credential ($25,000). Today, median
lifetime earnings for those with a bachelor's degree are
$2,300,000 or 74 percent more than those with just a high
school diploma.
(13) Despite overall gains nationally, gaps in college
enrollment and completion by race persist. In 2016, college
enrollment for White students was 71 percent, which was a six
percent increase from 2000. From 2000 to 2015, enrollment of
Black students went from 30.5 percent to 34.9 percent, and
enrollment of Latino students went from 21.7 percent to 36.6
percent. Nationally, over two-thirds of all Asian and White
students complete college within six years compared to less
than half of all Black and Latino students.
(14) America's public school population is majority
minority and in 2044, the United States is expected to be a
majority-minority nation where Whites will make up less than
half of the population. Given this seismic shift in
demographics, we must be more intentional about improving
college readiness in our nation's elementary and secondary
schools and promoting access and success to post-secondary
education for historically underrepresented students.
(15) Homeownership is the primary means of building equity
and passing on wealth from one generation to the next. This is
especially true for African Americans, where over 90 percent of
wealth is in their homes, according to the Center for Global
Policy Solutions.
(16) Yet, African-American homeowners were three times more
likely to be steered into subprime products, even when they
qualified for conventional mortgages, in the years leading up
to the financial crisis. The foreclosure rate for these loans
was 10 times greater than conventional mortgages. Consequently,
while the African-American homeownership rate peaked in 2004 at
50 percent, it is currently only 41.2 percent and is projected
to decrease to 40 percent by 2030. Reversing this trend is
vital to American families, to communities, and to our national
economy.
(17) The United States needs a domestic Mainstream Marshall
plan that will combat poverty, promote equality and eliminate
racial disparities.
DIVISION A--JOBS
TITLE I--MAIN STREET MARSHALL PLAN
Subtitle A--In General
SEC. 1001. SUBMISSION OF DATA RELATING TO DIVERSITY BY CERTAIN
CONTRACTORS.
(a) In General.--Chapter 47 of subtitle I of title 41, United
States Code, is amended by adding at the end the following new section:
``Sec. 4713. Submission of data relating to diversity by certain
contractors
``(a) Submission of Data.--In the case of the award of a contract
in an amount of $5,000,000 or more to a covered contractor, the head of
an executive agency shall require the contractor to submit, not later
than 60 days after the award of the contract, the following:
``(1) Data on the racial, ethnic, and gender composition of
the board of directors and the C-level executives of the
covered contractor.
``(2) Data on the affiliation of any member of the board of
directors or any C-level executive to a historically
underrepresented group, including veterans of the Armed Forces
and individuals with disabilities.
``(3) Any plan or strategy that exists on the date of the
submission of data under this subsection to improve the
diversity of the board of directors or the C-level executives
of the covered contractor.
``(b) Reports.--
``(1) Quarterly report to general services
administration.--After the end of a calendar quarter, each
executive agency shall submit to the Administrator of General
Services a report that includes the data submitted by
contractors under subsection (a) during the quarter covered.
``(2) Annual report to congress and offices of minority and
women inclusion.--
``(A) In general.--Not later than February 14 of
each calendar year, the Administrator of General
Services shall submit to Congress and each Office of
Minority and Women Inclusion established under section
342 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5452) an annual report that--
``(i) includes the data submitted to the
Administrator under paragraph (1) during the
preceding calendar year and the data submitted
under section 13(s) of the Securities Exchange
Act of 1934;
``(ii) uses the data described in clause
(i), as well as information from other reliable
sources, to analyze the diversity of the board
of directors and the C-level executives of each
entity submitting data in comparison to the
industry peers of such entity, including any
trends and progress related to such diversity;
and
``(iii) based on the analysis conducted
under clause (ii), lists each entity submitting
data that is significantly lagging behind the
industry peers of such entity with respect to
the diversity of the board of directors and the
C-level executives.
``(B) Public availability.--The Administrator of
General Services shall make publicly available each
annual report submitted under subparagraph (A).
``(c) Public Comment.--After the end of the four-year period
beginning on the date of the enactment of this section, and every four
years thereafter, the Administrator of General Services shall review
the implementation of the requirements of this section and provide an
opportunity for public comment on such review.
``(d) Definitions.--In this section:
``(1) Covered contractor.--The term `covered contractor'
means a for-profit business with annual gross receipts in
excess of $1,000,000,000 during the year preceding the
submission of a bid or proposal for a contract described in
subsection (a).
``(2) C-level executive.--The term `C-level executive'
means the most senior executive officer, information officer,
technology officer, financial officer, compliance officer, or
security officer of a covered contractor.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of such title is amended by inserting after the item
relating to section 4712 the following new item:
``4713. Submission of data relating to diversity by certain
contractors.''.
SEC. 1002. SUBMISSION OF DATA RELATING TO DIVERSITY BY ISSUERS.
(a) In General.--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) Submission of data.--Each issuer required to file an
annual report under subsection (a) shall disclose in that
report, the following:
``(A) Data on the racial, ethnic, and gender
composition of the board of directors and the C-level
executives of the issuer.
``(B) Data on the affiliation of any member of the
board of directors or any C-level executive of the
issuer to a historically underrepresented group,
including veterans of the Armed Forces and individuals
with disabilities.
``(C) Any plan or strategy that exists on the date
of the submission of data under this paragraph to
improve the diversity of the board of directors or the
C-level executives of the issuer.
``(2) C-level executive defined.--In this subsection, the
term `C-level executive' means the most senior executive
officer, information officer, technology officer, financial
officer, compliance officer, or security officer of an
issuer.''.
(b) Corporate Governance Regulations.--Not later than 90 days after
the date of the enactment of this Act, the Securities and Exchange
Commission shall revise paragraph (v) of section 229.407(c)(2) of title
17, Code of Federal Regulations, to require that when the description
described in such paragraph is presented in a proxy or information
statement relating to the election of directors, the qualities and
skills described in such paragraph, along with the nominee's gender,
race, ethnicity, and affiliation with a historically underrepresented
group should be presented in a chart or matrix form.
SEC. 1003. SENSE OF CONGRESS ON INFRASTRUCTURE SPENDING.
Congress finds the following:
(1) Our nation's infrastructure serves as the arteries that
move people, goods, and information across our country. A
strong infrastructure network is critically important to the
growth of our economy and the overall health of each and every
American. This is especially true for Americans in low-income
and otherwise vulnerable communities struggling to access the
rest of the world.
(2) In the traditional sense, the term ``infrastructure''
has been largely understood to include our transportation
infrastructure (roads, bridges, rails, airports, ports/
waterways), electrical grid, telecommunications (landline
phone, cable, satellite), and public buildings. A 21st Century
economy demands a broader, more inclusive definition to ensure
that we are fully considering all of our infrastructure needs.
A newer definition should be expanded to include the following:
energy-efficient housing; broadband; educational facilities,
including access to traditional universities and community
colleges, as well as Historically Black Colleges and
Universities; forest roads and sidewalks/bike trails; parks;
waste removal and treatment facilities; and programs connecting
seniors to their communities.
(3) Any effort to rebuild our nation's crumbling
infrastructure must include robust federal funding. Privatizing
our nation's infrastructure revitalization would shift the
burden to cash-strapped states and cities while leaving out
communities with the greatest need: rural and low-income
populations. Additionally, states and cities are less likely to
take a regional approach to investment, which is critical to
ensuring national connectivity. Public-private partnerships
(P3s) have limited success funding infrastructure projects.
They are more expensive than conventional funding, often
limiting competition and creating potential conflicts of
interest. P3s would likely only consider projects that can
provide a return on investment, as opposed to the broad
infrastructure modernization this country desperately needs.
Ultimately, private infrastructure investment would only fund a
narrow scope of projects and the limited projects fortunate
enough to attract private funding would tax the very people
they are intended to benefit through tolls and user fees.
(4) Ensuring long-term investment is equally important to
ensuring that investment is backed by robust public funding.
Delivering reliable infrastructure requires the certainty and
confidence that can only come with long-term funding. Congress
needs to do away with short-term extensions and provide long-
term authorization and spending measures that will authorize
and fund our nation's highway, public transit, aviation, and
water infrastructure programs and projects at levels that are
meaningful over the long-term.
(5) Minority contractors should have the opportunity to
rebuild their communities and employ hardworking Americans
along the way. Infrastructure investments should be
disseminated through a transparent procurement process with
aggressive contracting goals for Disadvantaged Business
Entities and effective enforcement to root out fraudulent
firms. Contractors and subcontractors should have the ability
to employ local hiring preferences and subcontractors should
receive prompt payment when services are rendered.
(6) Infrastructure development should be inclusive of
underserved segments of the population, such as poor, rural,
and elderly communities. Often times, infrastructure planning
does not benefit the poorest communities and the infrastructure
workforce traditionally lacks gender and racial diversity. A
21st Century economy should not exclude individuals from
participation on the basis of demographics, geography, or
financial means. Any infrastructure package must include
innovative job training and workforce development initiatives
to promote a diverse and inclusive labor pool. By ensuring
participation from all individuals, we can provide equal
opportunity for each and every American to contribute in
meaningful ways to both the economy and the communities they
call home.
(7) Climate change and the volatility that is associated
with extreme weather events are only expected to worsen over
time. More intense storms, rising sea levels, storm surges, and
other unusual weather conditions are placing an immense strain
on our nation's infrastructure and the limited resources that
we have to build and maintain it. As we plan for the future and
conceptualize how we will build up our infrastructure, we need
to consider the long-term viability of these projects to ensure
that they are resilient to extreme weather.
(8) A robust transportation network must consider the
changing demographics of its users and the subsequent changes
in demand. Conventional transportation planning relies heavily
on motor vehicle traffic. However, many communities--
particularly in urban areas--must now consider pedestrians,
cyclists, public transit riders, ridesharing, and other users
when evaluating the effectiveness of the transportation
ecosystem.
(9) The development and adoption of autonomous vehicles,
positive train control, NextGen, Smart City planning, and other
technologies and transportation models is vastly altering the
way we conceptualize, plan, and execute transportation policy.
The unique challenges that we face as a nation will only grow
increasingly more complex as the population grows and the
nature of our infrastructure becomes more interconnected. Any
infrastructure package must not only address the immediate
needs of our crumbling system, but also anticipate the needs of
a generation to come.
(10) Infrastructure impacts every American--regardless of
background, economic status, or political affiliation.
SEC. 1004. SENSE OF CONGRESS ON INFRASTRUCTURE WORKFORCE DEVELOPMENT.
(a) Findings.--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 11th, 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.
(b) Sense of Congress.--It is the sense of Congress that--
(1) any infrastructure spending bill enacted during the
115th 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
115th 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 11th, 2001; and
(3) any infrastructure spending bill enacted during the
115th Congress should include meaningful outreach efforts
geared toward under-represented 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.
SEC. 1005. 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.
SEC. 1006. SUPPLEMENTAL APPROPRIATION FOR THE DRINKING WATER STATE
REVOLVING FUNDS.
(a) In General.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2018 for
``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 account in title VII of division A of Public Law 111-5,
$7,500,000,000, to remain available through September 30, 2022.
(b) Budgetary Treatment.--The amount appropriated under subsection
(a)--
(1) 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; and
(2) shall be exempt from sequestration under such Act.
SEC. 1007. HIGHWAY PROJECTS.
Section 112 of title 23, United States Code, is amended by adding
at the end the following:
``(h) Local Hiring.--
``(1) In general.--Notwithstanding any other provision of
law, a State may establish local hiring bid specifications or
consider the hiring of local workers in the evaluation of bids
and proposals for a project under this title.
``(2) Definition.--For purposes of this subsection, the
term `local' means the geographic boundaries of a local area,
as defined by the contracting agency, in which the project is
located.''.
SEC. 1008. PUBLIC TRANSPORTATION PROJECTS.
Section 5325 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Local Hiring.--
``(1) In general.--Notwithstanding any other provision of
law, a recipient of assistance under this chapter may establish
local hiring bid specifications or consider local hiring in the
evaluation of bids and proposals for a project under this
chapter.
``(2) Definition.--For purposes of this subsection, the
term `local' means the geographic boundaries of a local area,
as defined by the contracting agency, in which the project is
located.''.
SEC. 1009. 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) by adding at the end the following:
``(7) Multimodal transportation connectivity and
accessibility.--
``(A) In general.--Not later than 6 years after the
date of enactment of this paragraph, the Secretary
shall issue such regulations as are necessary to
establish performance measures relating to
transportation connectivity and accessibility for
States and metropolitan planning organizations to use
to assess the connectivity and accessibility of
roadways, public transit infrastructure, pedestrian and
bikeway infrastructure, and other transportation
infrastructure.
``(B) Content.--The performance measures required
under subparagraph (A) 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;
``(II) multi-modal choice and
enhanced interconnections among modes
to--
``(aa) offer variety of
choice between and among modes;
``(bb) provide accessible
and reliable transportation for
all users; and
``(cc) encourage travel
demand management; and
``(III) such other areas the
Secretary considers appropriate; and
``(ii) with respect to disadvantaged
populations serviced by a transportation
system--
``(I) transportation accessibility
for disadvantaged populations;
``(II) change in cumulative job
accessibility for disadvantaged
populations; and
``(III) such other areas the
Secretary considers appropriate.
``(C) Disadvantaged population defined.--In this
paragraph, the term `disadvantaged population' means a
low-income or minority population, or people with
disabilities, as determined by the Secretary.''; and
(2) in subsection (d) by striking ``and (6)'' and inserting
``(6), and (7)''.
(b) Title 23 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 and providers of public
transportation to ensure consistency with
section 150(c)(7).''.
(c) Title 49 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 and providers of public
transportation to ensure consistency with
section 150(c)(7) of title 23.''.
SEC. 1010. SUPPLEMENTAL APPROPRIATION FOR TIGER DISCRETIONARY GRANT
PROGRAM.
(a) In General.--There is appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2018 for
``Department of Transportation--Office of the Secretary--National
Infrastructure Investments'' for an additional amount in accordance
with the provisions under this account in title I of division K of
Public Law 115-31, $7,500,000,000, to remain available through
September 30, 2022.
(b) Budgetary Treatment.--The amount appropriated under subsection
(a)--
(1) 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; and
(2) shall be exempt from sequestration under such Act.
SEC. 1011. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Education and the Workforce 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 to the 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 title I of this Act; or
(B) from a school infrastructure bond.
(4) ESEA terms.--The terms ``elementary school'', ``local
educational agency'', ``outlying area'', and ``secondary
school'' have the meanings given to the terms in section 8101
of the Elementary and Secondary Education Act 1965 (20 U.S.C.
7801).
(5) Public school facilities.--The term ``public school
facilities'' means the facilities of a public elementary school
or a public secondary school.
(6) 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.).
(7) School infrastructure bond.--The term ``school
infrastructure bond'' means a bond designated by the issuer as
a school infrastructure bond under section 54BB of the Internal
Revenue Code of 1986 (as added by section 201).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--The term ``State'' means each of the 50 States
and the District of Columbia.
SEC. 1012. PURPOSE AND RESERVATION.
(a) Purpose.--Funds made available under this title shall be for
the purpose of supporting long-term improvements to public school
facilities in accordance with this Act.
(b) Reservation for Outlying Areas, Puerto Rico, and Bureau-Funded
Schools.--
(1) In general.--For each of fiscal years 2018 through
2020, the Secretary shall reserve, from the amount appropriated
to carry out this title--
(A) one-half of 1 percent, to provide assistance to
the outlying areas;
(B) one-half of 1 percent, to provide assistance to
the Commonwealth of Puerto Rico; and
(C) 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.--Sections 301 through 304 shall
apply to the use of funds reserved under paragraph (1).
SEC. 1013. ALLOCATION TO STATES.
(a) Allocation to States.--
(1) State-by-state allocation.--Of the amount appropriated
to carry out this title for each fiscal year and not reserved
under section 101(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 Act, 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 307, developing an online,
publicly searchable database that contains an inventory
of all public school facilities infrastructure 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 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
website of the State; and
(ii) is regularly distributed to local
educational agencies and Tribal governments in
the State;
(E) issuing or 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 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; 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. 1014. 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 102(a) and contributed by
the State under section 102(c)(1), the State shall award grants
to qualified local educational agencies, on a competitive
basis, to carry out the activities described in section 301(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 301(b).
(b) Eligibility.--To be eligible to receive a grant under this
section a qualified local educational agency--
(1) shall be among the local educational agencies in the
State--
(A) 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;
(B) 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)); and
(C) 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
construction projects, including--
(I) qualified school construction
bonds under section 54F of the Internal
Revenue Code of 1986;
(II) qualified zone academy bonds
under section 1397E of the Internal
Revenue Code of 1986;
(III) school infrastructure bonds
under section 54BB of the Internal
Revenue Code of 1986 (as added by
section 201); and
(IV) funds made available under
7007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707);
and
(iii) the bond rating of the agency; and
(2) 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.
(c) Priority of Grants.--In awarding grants under this section, the
State shall give priority to local educational agencies that--
(1) demonstrate the greatest need for such a grant, as
determined by a comparison of the factors described in
subsection (b);
(2) will use the grant to improve the facilities of--
(A) 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
(B) 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);
(3) 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
(4) serve elementary schools or secondary schools that lack
access to high-speed broadband sufficient to support digital
learning (only in the case of an agency that will use the grant
improve such access in accordance with section 301(b)).
(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; and
(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.
(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 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 on the design of current and future
public school facilities, as well as the financial
implications of such enrollment levels; and
(F) the dollar amount and percentage of funds the
local educational agency will dedicate to capital
construction projects as well as maintenance and
operations related to maintaining public school
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 and Tribal organizations
(as applicable).
(f) Supplement Not Supplant.--A qualified local educational agency
shall use an allocation received under this section only to supplement
the level of Federal, State, and local public funds that would, in the
absence of such allocation, be made available for the activities
supported by the allocation, and not to supplant such funds.
SEC. 1015. 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 title.
(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 each local educational agency that
received a grant under this title.
(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 title;
(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 title.
(c) LEA Information Collection.--A local educational agency that
receives a grant under this title 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 website of
the Agency; 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 website of
the State; and
(3) regularly distribute the information to local
educational agencies and Tribal governments in the State.
SEC. 1016. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $7,000,000,000 for each of
fiscal years 2018 through 2027 to carry out this title.
SEC. 1017. SCHOOL INFRASTRUCTURE BONDS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
adding after section 54AA the following new section:
``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 301 of the Jobs and Justice Act of 2018,
``(B) the interest on such obligation would (but
for this section) be excludable from gross income under
section 103,
``(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
subsection (a) or section 6431,
``(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 301 of the Jobs and
Justice Act of 2018 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 2018,
``(2) $10,000,000,000 for 2019, and
``(3) $10,000,000,000 for 2020.
``(g) Allocation of Limitation.--
``(1) Allocation among states.--
``(A) Except as provided in paragraph (2), 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) Subject to subparagraph (C), the limitation
amount allocated to a State under subparagraph (A)
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 in
accordance with the priorities described in section
103(c) the of the Jobs and Justice Act of 2018 (as in
effect on the date of the enactment of this section)
and the eligibility requirements described in section
103(b) of such Act, except that paragraph (1)(C) of
such section shall not apply to the determination of
eligibility for such allocation.
``(C) Up to 10 percent of the limitation amount
allocated to a State under subparagraph (A) may be
allocated by the State to issuers within such State to
carry out activities to improve digital learning in
accordance with section 301(b) of the Jobs and Justice
Act of 2018 (as in effect on the date of the enactment
of this section).
``(2) Allocations to certain possessions.--The amount to be
allocated under paragraph (1) to possessions of the United
States other than Puerto Rico for a calendar year shall be one-
half of 1 percent of national qualified school infrastructure
bond limitation for such year. In making other allocations, the
amount to be allocated under paragraph (1) shall be reduced by
the aggregate amount allocated under this paragraph and
paragraph (3).
``(3) Allocations for indian schools.--The amount to be
allocated under paragraph (1) to the Secretary of the Interior
for schools funded by the Bureau of Indian Affairs for a
calendar year shall be one-half of 1 percent of national
qualified school infrastructure bond limitation for such year.
Notwithstanding any other provision of law, 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.
``(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).
``(3) Application of certain labor standards.--
Notwithstanding any other provision of law, a school
infrastructure bond shall be treated as a qualified school
construction bond for purposes of the application of section
1601 of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 26 U.S.C. 54C note.).''.
(b) Clerical Amendments.--
(1) The table of subparts for part IV of subchapter A of
chapter 1 of such Code is amended by amending the item related
to subpart J to read as follows:
``subpart j--certain infrastructure bonds''.
(2) The table of chapters for subpart J of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54BB. School infrastructure bonds.''.
(c) 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.
(d) Credit for Qualified Bonds Allowed to Issuer.--Paragraph (3) of
section 6431(f) of such Code is amended by inserting ``any school
infrastructure bond (as defined in section 54BB) or'' before ``any
qualified tax credit bond''.
(e) Sequestration.--Subparagraph (A) of section 255(g)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding before ``Postal Service Fund'' the following: ``Payments under
section 54BB of the Internal Revenue Code of 1986.''
(f) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2017.
SEC. 1018. EXPANSION OF QUALIFIED ZONE ACADEMY BONDS.
(a) Construction of a Public School Facility.--Subparagraph (A) of
section 54E(d)(3) of the Internal Revenue Code of 1986 is amended by
striking ``rehabilitating or repairing'' and inserting ``constructing,
rehabilitating, retrofitting, or repairing''.
(b) Removal of Private Business Contribution Requirement.--Section
54E of the Internal Revenue Code of 1986 is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by inserting ``and'' at
the end; and
(B) by striking subparagraph (B);
(2) by striking subsection (b); and
(3) in paragraph (1) of subsection (c)--
(A) by striking ``and $400,000,0000'' and inserting
``$400,000,000''; and
(B) by striking ``and, except as provided'' and all
that follows through the period at the end and
inserting ``, and $1,400,000,000 for 2018 and each year
thereafter.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2017.
SEC. 1019. 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
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 such bonds as--
(I) qualified school construction
bonds under section 54F of the Internal
Revenue Code of 1986;
(II) qualified zone academy bonds
under section 1397E of the Internal
Revenue Code of 1986; and
(III) school infrastructure bonds;
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 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 to determine the elements described in subsection
(b); and
(2) report the information to the Secretary at such time
and in such manner as the Secretary may require.
SEC. 1020. ALLOWABLE USES OF FUNDS.
(a) In General.--Except as provided in section 302, a local
educational agency that receives covered funds may use such funds to--
(1) develop the facilities master plan required under
section 103(e);
(2) construct, modernize, renovate, or retrofit public
school facilities, which may include seismic retrofitting for
schools vulnerable to 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 are structurally sound, secure, and protects
occupants and interiors from the elements;
(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, or the arts;
(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.
(b) Allowance for Digital Learning.--A local educational agency may
use funds received under section 103(a)(2) or proceeds from a school
infrastructure bond limitation allocated under section 54BB(g)(1)(C) of
the Internal Revenue Code of 1986 (as added by section 201) to leverage
existing public programs or public-private partnerships to expand
access to high-speed broadband sufficient for digital learning.
SEC. 1021. 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;
(4) central offices, operation centers, or other facilities
that are not primarily used to educate students; or
(5) digital infrastructure or handheld digital devices.
SEC. 1022. 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 any
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;
(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 2018, 60 percent;
(2) for fiscal year 2019, 70 percent;
(3) for fiscal year 2020; 80 percent;
(4) for fiscal year 2021, 90 percent; and
(5) for each of fiscal years 2022 through 2027, 100
percent.
SEC. 1023. 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) 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. 1024. COMPTROLLER GENERAL REPORT.
(a) In General.--Not later than the date that is 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 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 enactment of this Act; and
(2) on a date that is between 10 and 11 years after such
date of enactment.
SEC. 1025. 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 public schools in the United States, including
schools that received covered funds schools that did not
receive such funds; 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; and
(5) the accessibility of school facilities for students and
staff with disabilities.
SEC. 1026. 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 102(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. 1027. 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 education agencies, and
schools to effectively access and use such Federal programs and
financing mechanisms.
SEC. 1028. 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) $17,406,000 for fiscal year 2017;
``(2) $50,406,000 for each of fiscal years 2018 and 2019;
and
``(3) $52,756,765 for fiscal year 2020.''.
Subtitle B--Building Resiliency
SEC. 1201. 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 143.
(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 142.
(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. 1202. 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 subtitle, 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. 1203. 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 146(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. 1204. ANNUAL PROGRAMS REPORT.
The Secretary shall annually submit to the Congress, and make
publicly available, a report on the programs carried out under this
subtitle, 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. 1205. 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 subtitle.
(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 subtitle.
SEC. 1206. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subtitle $1,000,000,000 for each of
fiscal years 2019 through 2023.
(b) Allocation.--Of any amounts appropriated for each such fiscal
year--
(1) 1.0 percent shall be available for grants under section
143;
(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 142 and 143; and
(3) the remainder shall be available for resilience grants
under section 142.
TITLE II--POVERTY
SEC. 2001. 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 2019 through 2028
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 of Research
Facilities''.
(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 and 2000 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.
SEC. 2002. SENSE OF THE CONGRESS.
It is the sense of the Congress that a qualified entity conducting
a demonstration project under the Assets for Independence Act 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. 2003. FINDINGS.
Section 402 of the Assets for Independence Act (42 U.S.C. 604 note)
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. 2004. DEFINITIONS.
Section 404 of the Assets for Independence Act (42 U.S.C. 604 note)
is amended--
(1) by striking paragraph (4) and inserting the following:
``(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 so redesignated by
subparagraph (B), by striking ``clause (vi)'' and
inserting ``clause (v)'';
(3) in paragraph (7)(A), by striking clauses (ii) and (iii)
and inserting the following:
``(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)));
``(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:
``(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 striking clause (ii) and inserting
the following:
``(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:
``(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 striking clause (i) and inserting
the following:
``(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 striking subclause (I) and
inserting the following:
``(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 the
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 the
principal residence).'';
(II) by redesignating subclause
(II) as subclause (III); and
(III) by inserting after subclause
(I) the following:
``(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:
``(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 the 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:
``(F) Qualified tuition programs.--Contributions
paid from an individual development account of an
eligible individual directly to a qualified tuition
program (as defined in section 529(b) of the Internal
Revenue Code of 1986), for the purpose of covering
qualified higher education expenses (as defined in
section 529(e)(3) of such Code) of a dependent of the
individual (as such term is used in subparagraph
(E)(ii) of this paragraph).''.
SEC. 2005. APPLICATIONS.
Section 405 of the Assets for Independence Act (42 U.S.C. 604 note)
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:
``(h) Applications for New Projects and Renewals of Existing
Projects.--For project years beginning on or after the date of the
enactment of this subsection, 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 this subsection, 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) of this subsection,
taking into account the assessments required by subsection (c)
and giving special consideration to the applications described
in paragraph (3) of this subsection.
``(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 this subsection or to $250,000,
respectively.''.
SEC. 2006. DEMONSTRATION AUTHORITY; ANNUAL GRANTS.
Section 406(a) of the Assets for Independence Act (42 U.S.C. 604
note) 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 the application)'' after ``the date of enactment of
this title''.
SEC. 2007. RESERVE FUND.
Section 407(c) of the Assets for Independence Act (42 U.S.C. 604
note) is amended--
(1) in paragraph (1)(D), by inserting ``or organizations''
after ``organization''; and
(2) by striking paragraph (3) and inserting the following:
``(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 2 or
more qualified entities are jointly administering a
demonstration project, no 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. 2008. ELIGIBILITY FOR PARTICIPATION.
Section 408 of the Assets for Independence Act (42 U.S.C. 604 note)
is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting the
following:
``(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 the taxable year; or
``(ii) 80 percent of the median income for
the area for the 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 the 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
section 1(a)(1) of the Internal Revenue
Code of 1986.
``(II) Surviving spouse.--$40,000
for an individual described in section
1(a)(2) of such Code.
``(III) Head of household.--$30,000
for an individual described in section
1(b) of such Code.
``(IV) Single or married filing
separately.--$20,000 for an individual
described in section 1(c) or 1(d) of
such Code.
``(iii) Adjustment for inflation.--
``(I) In general.--In the case of a
calendar year described in clause (i)
that is after 2018, 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:
``(D) Adjustment for inflation.--
``(i) In general.--In the case of a
calendar year described in subparagraph (A)
that is after 2018, 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:
``(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 the
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 the year.''; and
(4) in subsection (c), as so redesignated by paragraph (2)
of this subsection--
(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:
``(2) Individuals who move because of major disasters or
emergencies or to find employment.--
``(A) In general.--The regulations promulgated
under paragraph (1) of this subsection shall establish
procedures under which an individual described in
subparagraph (B) of this paragraph 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.
The regulations shall not permit such a transfer unless
the 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 the 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 the
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
the community by the Governor of a
State; or
``(III) a qualifying life event
experienced by the 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)
of this Act);
``(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 the daycare; and
``(VI) a change in employment
status of the individual, the spouse of
the individual, 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) of this paragraph shall be permitted
to withdraw funds from the individual development
account of the individual during the 1-year period
following the date the 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) of this
paragraph 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 section
410(d)(2)(A) are treated under section 410(f).
``(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. 2009. DEPOSITS BY QUALIFIED ENTITIES.
Section 410 of the Assets for Independence Act (42 U.S.C. 604 note)
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) of this paragraph, 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:
``(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 the account (whether the project ends by
reason of expiration of the authority under section
406(a) of the qualified entity to conduct the
demonstration project, termination of the 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 make a withdrawal only 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:
``(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) of this section, the 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. 2010. REGULATIONS.
Section 411 of the Assets for Independence Act (42 U.S.C. 604 note)
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:
``(b) Regulations.--Subject to subsection (a), not later than 180
days after the date of the enactment of this subsection, 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 the date of
promulgation.''.
SEC. 2011. ANNUAL PROGRESS REPORTS.
(a) In General.--Section 412(b) of the Assets for Independence Act
(42 U.S.C. 604 note) 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. 2012. SANCTIONS.
(a) In General.--Section 413 of the Assets for Independence Act (42
U.S.C. 604 note) is amended--
(1) in subsection (b), by striking paragraph (5) and
inserting the following:
``(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) of
this subsection, 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) of this paragraph,
give priority to qualified entities that--
``(i) are participating in demonstration
projects conducted under this title;
``(ii) have waiting lists for participants
in the 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 such subparagraph (A), to be committed to
the demonstration project (or projects)
described in such subparagraph (A) as matching
contributions; and
``(C) if the Secretary identifies a qualified
entity (or entities) under such 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 the 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:
``(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 the
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 the
amendment to the date of the termination is deemed a reference
to such date of enactment.
SEC. 2013. EVALUATIONS.
Section 414 of the Assets for Independence Act (42 U.S.C. 604 note)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may enter into 1 or more contracts
with 1 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 a contract 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. 2014. 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:
``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 the training, including the costs of travel, accommodations,
and meals.''.
SEC. 2015. WAIVER AUTHORITY.
The Assets for Independence Act (42 U.S.C. 604 note) is amended--
(1) by redesignating section 417, as so redesignated by
section 214(1) of this Act, as section 418; and
(2) by inserting after section 416 the following:
``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 the populations for participation.''.
SEC. 2016. AUTHORIZATION OF APPROPRIATIONS.
Section 418 of the Assets for Independence Act (42 U.S.C. 604
note), as so redesignated by section 215(1) of this Act, is amended by
inserting after ``2003'' the following: ``and $75,000,000 for each of
fiscal years 2018, 2019, 2020, 2021, and 2022''.
SEC. 2017. CONFORMING AMENDMENTS.
(a) In General.--Section 414(e) of the Assets for Independence Act
(42 U.S.C. 604 note) 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--
(1) by striking the item relating to section 411 and
inserting the following new item:
``Sec. 411. Local control over demonstration projects; regulations.'';
and
(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. 2018. GENERAL EFFECTIVE DATE.
The amendments made by sections 204 through 209 shall apply to
project years beginning on or after the date of the enactment of this
Act.
SEC. 2019. LOW-INCOME SEWER AND WATER 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 SEWER AND WATER ASSISTANCE PILOT PROGRAM.
``(a) Establishment.--The Administrator shall establish a pilot
program to award grants to not fewer than 10 eligible entities to
assist low-income households in maintaining access to sanitation
services.
``(b) Report.--Not later than one year after the date of enactment
of this section, the Administrator shall submit to Congress a report on
the results of the program established under this section.
``(c) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
municipality, or a public entity that owns or operates a public
water system, that is affected by a consent decree relating to
compliance with this Act.
``(2) Household.--The term `household' means any individual
or group of individuals who are living together as one economic
unit.
``(3) Low-income household.--
``(A) In general.--The term `low-income household'
means a household--
``(i) 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;
``(II) supplemental security income
payments under title XVI of the Social
Security Act;
``(III) supplemental nutrition
assistance program benefits under the
Food and Nutrition Act of 2008; or
``(IV) payments under section 1315,
1521, 1541, or 1542 of title 38, United
States Code, or under section 306 of
the Veterans' and Survivors' Pension
Improvement Act of 1978; or
``(ii) that has an income determined by the
State in which the eligible entity is located
to not exceed the greater of--
``(I) an amount equal to 150
percent of the poverty level for the
State; or
``(II) an amount equal to 60
percent of the State median income.
``(B) Lower income limit.--For purposes of this
section, a State may adopt an income limit that is
lower than the limit described in subparagraph (A)(ii),
except that the State may not exclude a household from
eligibility in a fiscal year solely on the basis of
household income if the income is less than 110 percent
of the poverty level for the State.
``(4) Public water system.--The term `public water system'
has the meaning given that term in section 1401 of the Safe
Drinking Water Act (42 U.S.C. 300f).
``(5) Sanitation services.--The term `sanitation services'
has the meaning given that term in section 113(g).''.
TITLE III--WORKFORCE DEVELOPMENT
SEC. 3001. 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. 3002. 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,
2024, 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, 2019.
SEC. 3003. 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. 3004. 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. 3005. 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.
637(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
1965 (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
1965 (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. 3006. 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 2018 through 2023.''.
SEC. 3007. 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
2018 through 2022 to carry out this subsection.
SEC. 3008. 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. 3009. INCREASE IN WORK OPPORTUNITY TAX CREDIT FOR HIRING QUALIFIED
EX-FELONS.
(a) In General.--Section 51(b)(3) of the Internal Revenue Code of
1986 is amended by inserting ``or any individual who is a qualified ex-
felon'' 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. 3010. 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 2018, 2019, 2020, and 2021.''.
SEC. 3011. 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.''.
SEC. 3012. 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. 3013. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT PLAN.
(a) In General.--To ensure that activities and programs (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 activities and
programs that--
(1) includes performance measures to more clearly determine
the extent to which such activities and programs are meeting
the Department's strategic goal of strengthening the
environmental health workforce;
(2) identifies and communicates to stakeholders any gaps
between existing activities and programs 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 the Workforce of the House of Representatives, the plan
developed under subsection (a).
SEC. 3014. 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 and 3 States that do not have such requirements.
SEC. 3015. 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 7 of the
Environmental Health Workforce Act of 2017) who
is accredited, certified, or licensed in
accordance with applicable law.''.
SEC. 3016. DEFINITIONS.
In this Act, 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 hazardous environmental
agents.
SEC. 3017. 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.--From funds provided under section 4702, the
Secretary is authorized to provide grants to local educational agencies
on behalf of elementary and secondary schools to establish and
implement a program to encourage the ongoing development of programs
and curriculum for girls and underrepresented minorities in science,
mathematics, engineering, and technology and to prepare girls and
underrepresented minorities to pursue undergraduate and graduate
degrees and careers in science, mathematics, engineering, or
technology.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant, or
enter into a contract or cooperative agreement, under this
part, a local educational agency shall submit an application to
the Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application shall contain, at a
minimum, the following:
``(A) A program description, including the content
of the program and the research and models used to
design the program.
``(B) A description of the collaboration between
elementary and secondary schools to fulfill goals of
the program and how the applicant will ensure that
there is a comprehensive plan to improve science,
mathematics, engineering, and technology education for
girls and underrepresented minorities in grades
kindergarten through 12.
``(C) A description of the process for recruitment
and selection of participants.
``(D) A description of the planned instructional
and motivational activities.
``(E) A description of any collaboration among
local, regional, or national institutions and
organizations that will occur in order to fulfill the
goals of the program.
``(3) Priority.--In selecting among applications, the
Secretary shall give priority to applicants that partner or
coordinate, to the extent possible, with local, regional, or
national institutions and organizations who have extensive
experience, expertise and research on increasing the
participation of girls or underrepresented minorities in
science, mathematics, engineering and technology.
``(c) Use of Funds.--Funds provided under this section shall be
used for the following:
``(1) Preparing girls and underrepresented minorities with
careers in science, mathematics, engineering, and technology,
and the advantages of pursuing careers in these areas.
``(2) Educating the parents of girls and underrepresented
minorities about the opportunities and advantages of science,
mathematics, engineering, and technology careers.
``(3) Enlisting the help of the parents of girls and
underrepresented minorities in overcoming the obstacles these
groups face and encouraging their child's continued interest
and involvement in science, mathematics, engineering, and
technology.
``(4) Providing tutoring and mentoring programs in science,
mathematics, engineering, and technology.
``(5) Establishing partnerships and other opportunities
that expose girls and underrepresented minorities to role
models in the fields of science, mathematics, engineering and
technology.
``(6) Enabling female and underrepresented minority
students and their teachers to attend events and academic
programs in science, mathematics, engineering, and technology.
``(7) Providing after-school activities designed to
encourage interest, and develop skills of girls and
underrepresented minorities, in science, mathematics,
engineering, and technology.
``(8) Summer programs designed in order that girls and
underrepresented minorities develop an interest in, develop
skills in, and understand the relevance and significance of,
science, mathematics, engineering, and technology.
``(9) Purchasing--
``(A) educational instructional materials or
software designed to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology; or
``(B) equipment, instrumentation, or hardware used
for teaching and to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology.
``(10) Field trips to locations, including institutions of
higher education, to educate and encourage girls' and
underrepresented minorities' interest in science, mathematics,
engineering, and technology and acquaint them with careers in
these fields.
``(11) Providing academic advice and assistance in high
school course selection that encourages girls and
underrepresented minorities to take advanced courses in areas
of science, technology, engineering, and mathematics.
``(12) Paying up to 50 percent of the cost of an internship
in science, mathematics, engineering, or technology for female
and underrepresented minority students.
``(13) Providing professional development for teachers and
other school personnel, including--
``(A) how to eliminate gender and racial bias in
the classroom;
``(B) how to be sensitive to gender and racial
differences;
``(C) how to engage students in the face of gender-
based and racial peer pressure and parental
expectations;
``(D) how to create and maintain a positive
environment; and
``(E) how to encourage girls and underserved
minorities through academic advice and assistance to
pursue advanced classes and careers in science,
mathematics, engineering, and technology fields.
``(d) Supplement, Not Supplant.--The Secretary shall require each
local educational agency to use the assistance provided under this
section only to supplement, and not to supplant, any other assistance
or funds made available from non-Federal sources for the activities
assisted under this section.
``(e) Evaluations.--Each local educational agency that receives
funds under this section shall provide the Secretary, at the conclusion
of every school year during which the funds are received, with an
evaluation, in a form prescribed by the Secretary. This evaluation
shall include--
``(1) a description of the programs and activities
conducted by the local educational agency using the funds;
``(2) data on curriculum and partnerships developed using
the funds;
``(3) data on the amount of time spent on subjects allowed
for under the grant; and
``(4) such other information as may be required by the
Secretary.
``SEC. 4702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$5,000,000 for fiscal year 2018 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''.
SEC. 3018. 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. 3019. CONTENTS OF STUDY.
(a) In General.--The study required by section 2 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. 3020. 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 Governmental Affairs and
Health, Education, Labor, and Pensions of the Senate.
SEC. 3021. 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
2018 and 2019.''.
SEC. 3022. 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, 2019, 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 2018. The amounts appropriated under this section are authorized
to remain available through December 31, 2018.
``(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.''.
SEC. 3023. 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 careers, as determined by the grant recipient.
(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 may
require.
(d) 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).
(e) Termination.--The authority to provide a grant under this
section shall terminate on the date that is five years after the date
of the enactment of this Act.
(f) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 to carry out this section.
SEC. 3024. 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. 45U. 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
paragraph (1), 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 (37), by striking the period at the end of paragraph (38) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(39) the apprenticeship credit determined under section
45U(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. 45U. 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.
SEC. 3025. 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. According to a 2013 report from the Georgetown
University Center on Education and the Workforce, by the year
2020, an estimated 65 percent of all U.S. jobs will require
postsecondary education and training.
(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. 3026. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Labor--
(1) $1,500,000,000 to carry out section 5;
(2) $2,000,000,000 to carry out section 6; and
(3) $2,000,000,000 to provide competitive grants in
accordance with section 7.
SEC. 3027. 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 3 for the costs of
innovation and learning activities under section 10;
(2) not more than 5 percent of amounts available under each
of paragraphs (1) through (3) of section 3 for the costs of
Federal administration of this Act; and
(3) not more than 2 percent of amounts available under each
of paragraphs (1) through (3) of section 3 for the costs of
evaluations conducted under section 11.
(b) Period of Availability.--The amounts appropriated under this
Act 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. 3028. SUMMER EMPLOYMENT OPPORTUNITIES FOR AT-RISK YOUTH.
(a) In General.--Of the amounts available under section 3(1) that
are not reserved under section 4, 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 10.
(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 6 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 8; 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. 3029. YEAR-ROUND EMPLOYMENT FOR OPPORTUNITY YOUTH.
(a) In General.--Of the amounts available under section 3(1) that
are not reserved under section 4, 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 10.
(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 5 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 8; 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. 3030. CONNECTING-FOR-OPPORTUNITIES COMPETITIVE GRANT PROGRAM.
(a) In General.--Of the amounts available under section 3(3) that
are not reserved under section 4, 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 8.
(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. 3031. LABOR STANDARDS.
Activities funded under this Act 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. 3032. PRIVACY.
Nothing in this Act--
(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 Act.
SEC. 3033. INNOVATION AND LEARNING.
Using funds reserved under section 4, 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 Act;
(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. 3034. 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 Act.
(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. 3035. DEFINITIONS.
In this Act:
(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).
SEC. 3036. 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) $9.25 an hour, beginning on the effective
date under section 7 of the Jobs and Justice Act of
2018;
``(B) $10.10 an hour, beginning 1 year after such
effective date;
``(C) $11.00 an hour, beginning 2 years after such
effective date;
``(D) $12.00 an hour, beginning 3 years after such
effective date;
``(E) $13.00 an hour, beginning 4 years after such
effective date;
``(F) $13.50 an hour, beginning 5 years after such
effective date;
``(G) $14.25 an hour, beginning 6 years after such
effective date;
``(H) $15.00 an hour, beginning 7 years after such
effective date; and
``(I) beginning on the date that is 8 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)(I) 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)(I). 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 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. 3037. TIPPED EMPLOYEES.
(a) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to
read as follows:
``(1) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(A) for the 1-year period beginning on the
effective date under section 7 of the Jobs and Justice
Act of 2018, $4.15 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) $1.15; 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 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); and''.
(b) Tips Retained by Employees.--Section 3(m) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
(1) in the second sentence of the matter following
paragraph (2), 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) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)), 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.--Section 6(i) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(i)), as added by section
5, is amended by striking ``or in accordance with subparagraph
(B) or (C) of section 3(m)(1) (as applicable),''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is one day after the
date on which the hourly wage under section 3(m)(1)(C) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)(C)), as
amended by subsection (a), takes effect.
SEC. 3038. 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 7 of the Jobs and Justice
Act of 2018, $5.00 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) $1.05; 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 to the nearest multiple of
$0.05; and
``(C) for each succeeding 1-year period after the
increase made pursuant to subparagraph (B)(ii), the
minimum wage in effect under section 6(a)(1).''.
(b) Scheduled Repeal of Separate Minimum Wage for Newly Hired
Employees Who Are Less Than 20 Years Old.--
(1) In general.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by
subsection (a), shall be repealed effective on the date
provided in paragraph (3).
(2) Publication of notice.--Section 6(i) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(i)), as amended by section
3(c)(2), is further amended by striking ``or subparagraph (B)
or (C) of section 6(g)(1) (as applicable),''.
(3) Effective date.--The repeal and amendment made by
paragraphs (1) and (2), respectively, shall take effect on the
date that is one day after the date on which the hourly wage
under section 6(g)(1)(C) of the Fair Labor Standards Act, as
amended by subsection (a), takes effect.
SEC. 3039. 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 (h), or in
accordance with subparagraph (B) or (C) of section 3(m)(1) (as
applicable), section 14(c)(1)(A) (as applicable), or subparagraph (B)
or (C) of section 6(g)(1) (as applicable), 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. 3040. 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, 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) $6.25 an hour, beginning 2 years
after such date;
``(III) $8.25 an hour, beginning 3 years
after such date;
``(IV) $10.25 an hour, beginning 4 years
after such date;
``(V) $12.25 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 other 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.--Section 6(i) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(i)), as amended by section 4(b)(2),
is further amended by striking ``section 14(c)(1)(A) (as
applicable),''.
(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. 3041. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the amendments made by
this Act, this Act and the amendments made by this Act shall take
effect on the first day of the third month that begins after the date
of enactment of this Act.
SEC. 3042. 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 adding after section 7 the following new
section:
``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY AND
BENEFIT HISTORY.
``It shall be an unlawful practice for an employer to--
``(1) screen prospective employees based on their previous
wages or salary histories, including benefits or other
compensation, including by requiring that a prospective
employee's previous wages or salary histories, including
benefits or other compensation, satisfy minimum or maximum
criteria, or request or require as a condition of being
interviewed, or as a condition of continuing to be considered
for an offer of employment or as a condition of employment,
that a prospective employee disclose previous wages or salary
histories, including benefits or other compensation;
``(2) seek the previous wages or salary history, including
benefits or other compensation, of any prospective employee
from any current or former employer of such employee; or
``(3) discharge or in any other manner retaliate against
any employee or prospective employee because the employee--
``(A) opposed any act or practice made unlawful by
this section or made or is about to make a complaint
relating to any act or practice made unlawful by this
section; or
``(B) testified or is about to testify, assist, or
participate in any manner in an investigation or
proceeding relating to any act or practice made
unlawful by this section.''.
(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 in behalf of
himself or themselves and other employees similarly situated.''.
SEC. 3043. PRIVATE RIGHT OF ACTION UNDER THE NATIONAL LABOR RELATIONS
ACT.
Section 10 of the National Labor Relations Act (29 U.S.C. 160) is
amended by adding at the end the following:
``(n) In addition to filing a charge alleging an unfair labor
practice with the Board in accordance with this Act, a person alleging
an unfair labor practice by an employer in violation of section 8(a)(3)
may, not later than 180 days after the date of such violation, bring a
civil action in the appropriate district court of the United States
against the employer for such violation. The court may grant any relief
described in section 706(g) of the Civil Rights Act of 1964 (42 U.S.C.
2000e-5) or section 1977A(b) of the Revised Statutes of the United
States (42 U.S.C. 1981a(b)), and may allow the prevailing party a
reasonable attorney's fee (including expert witness fees) as part of
the costs.''.
SEC. 3044. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) African-American young men ages 18 to 39 are the
hardest hit in unemployment, with an unemployment rate of 41
percent nationally, and in some States and cities, especially
inner cities, higher than 50 percent;
(2) this extraordinarily high unemployment rate has a
terrible rippling impact on the breakdown of the family
structure, as men in this age group are in the primary child-
producing ages; and
(3) an unemployment rate of 40 to 50 percent among African-
American young men, many of who are fathers who, without jobs,
and are unable to provide for their families, is not only a
national crisis but a national tragedy.
(b) Purpose.--The purpose of this Act is to secure jobs, on-the-job
training, and apprenticeships for African-American young men 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. 3045. URGING EMPLOYMENT, ON-THE-JOB TRAINING, AND APPRENTICESHIPS
FOR UNEMPLOYED AFRICAN-AMERICAN YOUNG MEN IN REBUILDING
THE NATION'S CRUMBLING INFRASTRUCTURE.
(a) In General.--The Secretary of Labor shall strongly and urgently
request 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, and provide on-the-job training to
African-American young men ages 18 to 39 through their existing jobs,
apprenticeships, and ``earn while you learn'' programs. The Secretary
shall provide assistance to such labor unions, general contractors, and
businesses through every means available 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 have been identified as those primarily involved in
the infrastructure rebuilding described in such subsection, including
the International Brotherhood of Electrical Workers (IBEW), the United
Association of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada, the International
Association of Bridge, Structural, Ornamental and Reinforcing Iron
Workers Union, the International Brotherhood of Teamsters, the National
Electrical Contractors Association, the International Association of
Sheet Metal, Air, Rail and Transportation Workers (SMART), the
Laborers' International Union of North America (LIUNA), the
International Union of Operating Engineers (IUOE), and the United
Steelworkers (USW). Such coordination shall also be done in conjunction
with the National Joint Apprenticeship and Training Committee, which
allows apprentices to earn while they learn.
(c) Recruitment.--The labor unions, general contractors, and
businesses described in subsections (a) and (b) shall recruit African-
American young men 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, the
National Urban League, the NAACP, 100 Black Men of America, high school
and college job placement offices, media outlets, and other African-
American organizations that can offer valuable assistance to the
Secretary of Labor, the labor unions, general contractors, and
businesses with identifying, locating, and contacting unemployed
African-American young men who want jobs, on-the-job training, and
apprenticeships. These African-American organizations 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 African-American young men.
SEC. 3046. SENSE OF CONGRESS.
It is the sense of Congress that this Act--
(1) while rebuilding the crumbling infrastructure of this
great Nation, will simultaneously help create good paying jobs
and job training that will provide African-American young men
ages 18 to 39 with the technical skills, computer capabilities,
and other skills necessary in this high technology-driven job
market, thus providing African-American young men with highly
developed skills that will make them very competitive and
attractive to many employers; and
(2) greatly exemplifies and strengthens the high nobility
of purpose that is the founding grace of this great Nation.
SEC. 3047. 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 inserting after subsection (g) the following new subsection:
``(h) 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 for taxable years beginning after the
date of the enactment of this Act.
SEC. 3048. HOMELAND SECURITY CYBERSECURITY WORKFORCE; PERSONNEL
AUTHORITIES.
(a) Homeland Security Cybersecurity Workforce.--
(1) 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. CYBERSECURITY OCCUPATION CATEGORIES, WORKFORCE ASSESSMENT,
AND STRATEGY.
``(a) Short Title.--This section may be cited as the `Homeland
Security Cybersecurity Boots-on-the-Ground Act'.
``(b) Cybersecurity Occupation Categories.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Secretary shall develop and
issue comprehensive occupation categories for individuals
performing activities in furtherance of the cybersecurity
mission of the Department.
``(2) Applicability.--The Secretary shall ensure that the
comprehensive occupation categories issued under paragraph (1)
are used throughout the Department and are made available to
other Federal agencies.
``(c) Cybersecurity Workforce Assessment.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section and annually thereafter, the
Secretary shall assess the readiness and capacity of the
workforce of the Department to meet its cybersecurity mission.
``(2) Contents.--The assessment required under paragraph
(1) shall, at a minimum, include the following:
``(A) Information where cybersecurity positions are
located within the Department, specified in accordance
with the cybersecurity occupation categories issued
under subsection (b).
``(B) Information on which cybersecurity positions
are--
``(i) performed by--
``(I) permanent full time
departmental employees, together with
demographic information about such
employees' race, ethnicity, gender,
disability status, and veterans status;
``(II) individuals employed by
independent contractors; and
``(III) individuals employed by
other Federal agencies, including the
National Security Agency; and
``(ii) vacant.
``(C) The number of individuals hired by the
Department pursuant to the authority granted to the
Secretary in 2009 to permit the Secretary to fill 1,000
cybersecurity positions across the Department over a
three year period, and information on what challenges,
if any, were encountered with respect to the
implementation of such authority.
``(D) Information on vacancies within the
Department's cybersecurity supervisory workforce, from
first line supervisory positions through senior
departmental cybersecurity positions.
``(E) Information on the percentage of individuals
within each cybersecurity occupation category who
received essential training to perform their jobs, and
in cases in which such training is not received,
information on what challenges, if any, were
encountered with respect to the provision of such
training.
``(F) Information on recruiting costs incurred with
respect to efforts to fill cybersecurity positions
across the Department in a manner that allows for
tracking of overall recruiting and identifying areas
for better coordination and leveraging of resources
within the Department.
``(d) Workforce Strategy.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall develop,
maintain, and, as necessary, update, a comprehensive workforce
strategy that enhances the readiness, capacity, training,
recruitment, and retention of the cybersecurity workforce of
the Department.
``(2) Contents.--The comprehensive workforce strategy
developed under paragraph (1) shall include--
``(A) a multiphased recruitment plan, including
relating to experienced professionals, members of
disadvantaged or underserved communities, the
unemployed, and veterans;
``(B) a 5-year implementation plan;
``(C) a 10-year projection of the Department's
cybersecurity workforce needs; and
``(D) obstacles impeding the hiring and development
of a cybersecurity workforce at the Department.
``(e) Information Security Training.--Not later than 270 days after
the date of the enactment of this section, the Secretary shall
establish and maintain a process to verify on an ongoing basis that
individuals employed by independent contractors who serve in
cybersecurity positions at the Department receive initial and recurrent
information security training comprised of general security awareness
training necessary to perform their job functions, and role-based
security training that is commensurate with assigned responsibilities.
The Secretary shall maintain documentation to ensure that training
provided to an individual under this subsection meets or exceeds
requirements for such individual's job function.
``(f) Updates.--The Secretary shall submit to the appropriate
congressional committees annual updates regarding the cybersecurity
workforce assessment required under subsection (c), information on the
progress of carrying out the comprehensive workforce strategy developed
under subsection (d), and information on the status of the
implementation of the information security training required under
subsection (e).
``(g) GAO Study.--The Secretary shall provide the Comptroller
General of the United States with information on the cybersecurity
workforce assessment required under subsection (c) and progress on
carrying out the comprehensive workforce strategy developed under
subsection (d). The Comptroller General shall submit to the Secretary
and the appropriate congressional committees a study on such assessment
and strategy.
``(h) Cybersecurity Fellowship Program.--Not later than 120 days
after the date of the enactment of this section, the Secretary shall
submit to the appropriate congressional committees a report on the
feasibility of establishing a Cybersecurity Fellowship Program to offer
a tuition payment plan for undergraduate and doctoral candidates who
agree to work for the Department for an agreed-upon period of time.''.
(2) 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 230 the following
new item:
``Sec. 230A. Cybersecurity occupation categories, workforce assessment,
and strategy.''.
(b) Personnel Authorities.--
(1) In general.--Subtitle C of title II of the Homeland
Security Act of 2002, as amended by subsection (a)(1) of this
section, is further amended by adding at the end the following
new section:
``SEC. 230B. PERSONNEL AUTHORITIES.
``(a) In General.--
``(1) Personnel authorities.--The Secretary may exercise
with respect to qualified employees of the Department the same
authority that the Secretary of Defense has with respect to
civilian intelligence personnel and the scholarship program
under sections 1601, 1602, 1603, and 2200a of title 10, United
States Code, to establish as positions in the excepted service,
appoint individuals to such positions, fix pay, and pay a
retention bonus to any employee appointed under this section if
the Secretary determines that such is needed to retain
essential personnel. Before announcing the payment of a bonus
under this paragraph, 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 written explanation of such determination. Such
authority shall be exercised--
``(A) to the same extent and subject to the same
conditions and limitations that the Secretary of
Defense may exercise such authority with respect to
civilian intelligence personnel of the Department of
Defense; and
``(B) in a manner consistent with the merit system
principles set forth in section 2301 of title 5, United
States Code.
``(2) Civil service protections.--Sections 1221 and 2302,
and chapter 75 of title 5, United States Code, shall apply to
the positions established pursuant to the authorities provided
under paragraph (1).
``(3) Plan for execution of authorities.--Not later than
120 days after the date of the enactment of this section, 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 that
contains a plan for the use of the authorities provided under
this subsection.
``(b) Annual Report.--Not later than one year after the date of the
enactment of this section and annually thereafter for four years, 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 detailed report (including
appropriate metrics on actions occurring during the reporting period)
that discusses the processes used by the Secretary in implementing this
section and accepting applications, assessing candidates, ensuring
adherence to veterans' preference, and selecting applicants for
vacancies to be filled by a qualified employee.
``(c) Definition of Qualified Employee.--In this section, the term
`qualified employee' means an employee who performs functions relating
to the security of Federal civilian information systems, critical
infrastructure information systems, or networks of either of such
systems.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 230A (as added by subsection (a)(2) of this
section) the following new item:
``Sec. 230B. Personnel authorities.''.
(c) Clarification Regarding Authorization of Appropriations.--No
additional amounts are authorized to be appropriated by reason of this
section or the amendments made by this section.
SEC. 3049. 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 Jobs and Justice Act of
2018, 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.
SEC. 3050. EXPANSION OF AUTHORITY FOR NONCOMPETITIVE APPOINTMENTS OF
MILITARY SPOUSES BY FEDERAL AGENCIES.
(a) Expansion To Include All Spouses of Members of the Armed Forces
on Active Duty.--Section 3330d of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraphs (3), (4), and (5); and
(B) by redesignating paragraph (6) as paragraph
(3);
(2) by striking subsections (b) and (c) and inserting the
following new subsection (b):
``(b) Appointment Authority.--The head of an agency may appoint
noncompetitively--
``(1) a spouse of a member of the Armed Forces on active
duty; or
``(2) a spouse of a disabled or deceased member of the
Armed Forces.'';
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c), as so redesignated, by striking
``subsection (a)(6)'' in paragraph (1) and inserting
``subsection (a)(3)''.
(b) Heading Amendment.--The heading of such section is amended to
read as follows:
``Sec. 3330d. Appointment of military spouses''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 33 of such title is amended by striking the item relating to
section 3330d and inserting the following new item:
``3330d. Appointment of military spouses.''.
SEC. 3051. REPORT ON MECHANISMS TO INCREASE PARTICIPATION IN DEPARTMENT
OF DEFENSE CONTRACTS OF FIRMS WITH PROGRAMS TO EMPLOY
MILITARY SPOUSES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report that
sets forth various mechanisms to be used by the Department of Defense
to increase the participation in Department contracts of businesses
that implement and maintain programs to employ military spouses. For
each mechanism set forth, the report shall include a recommendation for
the legislative or administrative action necessary to implement such
mechanism.
SEC. 3052. IMPROVEMENT OF EDUCATION AND CAREER OPPORTUNITIES PROGRAMS
FOR MILITARY SPOUSES.
(a) Outreach on Availability of MyCAA Program.--
(1) In general.--The Secretary of Defense shall take
appropriate actions to ensure that military spouses who are
eligible for participation in the My Career Advancement Account
(MyCAA) program of the Department of Defense are, to extent
practicable, made aware of the program and their eligibility
for the program.
(2) Digital advertisement.--The actions taken by the
Secretary pursuant to paragraph (1) shall include a state-of-
the-art digital advertising campaign on the My Career
Advancement Account program designed to target military
spouses.
(3) DoD report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report setting forth the following:
(A) An assessment of the extent to which military
spouses who are eligible for the My Career Advancement
Account program are aware of the program and their
eligibility for the program.
(B) A description of the levels of participation in
the My Career Advancement Account program among
military spouses who are eligible to participate in the
program.
(4) Comptroller general report.--Not later than 180 days
after the submittal of the report required by paragraph (3),
the Comptroller General of the United States shall submit to
Congress a report setting forth the following:
(A) An assessment of the report under paragraph
(3).
(B) Such recommendations as the Comptroller General
considers appropriate regarding the following:
(i) Mechanisms to increase awareness of the
My Career Advancement Account program among
military spouses who are eligible to
participate in the program.
(ii) Mechanisms to increase participation
in the My Career Advancement Account program
among military spouses who are eligible to
participate in the program.
(b) Training for Installation Career Counselors on MyCAA Program.--
The Secretaries of the military departments shall take appropriate
actions to ensure that career counselors at military installations
receive appropriate training and current information on eligibility for
and use of benefits under the My Career Advancement Account program,
including financial assistance to cover costs associated with
professional recertification, portability of occupational licenses,
professional credential exams, and other mechanisms in connection with
the portability of professional licenses.
(c) Report on Expansion of SECO Program.--The Secretary of Defense
shall submit to Congress a report setting forth a proposal for the
expansion of specialized coaching modules within the Spouse Education
and Career Opportunities (SECO) Program of the Department of Defense.
SEC. 3053. MILITARY FAMILY CHILDCARE MATTERS.
(a) Assessment of Use of Subsidized, Off-Installation Childcare
Services.--Subsection (a) of section 575 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) is amended
by adding at the end the following new paragraph:
``(5) Modifying the rate of use of subsidized, off-
installation childcare services by military families in light
of the full implementation of MilitaryChildCare.com, including
whether the availability of off-installation childcare services
for military families could be increased by altering policies
of the Armed Forces on capping the amount of subsidies for
military families for such services based on the cost of living
for families and the average cost of civilian childcare
services.''.
(b) Provisional or Interim Clearances To Provide Childcare
Services.--
(1) In general.--The Secretary of Defense shall implement a
policy to permit the issuance of clearances on a provisional or
interim basis for the provision of childcare services at
military childcare centers.
(2) Elements.--The policy required by this subsection shall
provide for the following:
(A) Any clearance issued under the policy shall be
temporary and contingent upon the satisfaction of such
requirements for the issuance of a clearance on a
permanent basis as the Secretary considers appropriate.
(B) Any individual issued a clearance on a
provisional or interim basis under the policy shall be
subject to such supervision in the provision of
childcare services using such clearance as the
Secretary considers appropriate.
(3) Clearance defined.--In this subsection, the term
``clearance'', with respect to an individual and the provision
of childcare services, means the formal approval of the
individual, after appropriate vetting and other review, to
provide childcare services to children at a military childcare
center of the Department of Defense.
SEC. 3054. EXPANSION OF PERIOD OF AVAILABILITY OF MILITARY ONESOURCE
PROGRAM FOR RETIRED AND DISCHARGED MEMBERS OF THE ARMED
FORCES AND THEIR IMMEDIATE FAMILIES.
(a) In General.--Under regulations prescribed by the Secretary of
Defense, the period of eligibility for the Military OneSource program
of the Department of Defense of an eligible individual retired,
discharged, or otherwise released from the Armed Forces, and for the
eligible immediate family members of such an individual, shall be the
one-year period beginning on the date the retirement, discharge, or
release, as applicable, of such individual.
(b) Outreach.--The Secretary shall undertake a marketing and
advertising campaign designed to inform military families and families
of veterans of the Armed Forces of the wide range of benefits available
through the Military OneSource program. The campaign shall include
well-researched and targeted marketing and advertising collateral
issued at the following:
(1) Offices at military installations that issue
identification cards.
(2) Locations at which activities under the Transition
Assistance Program (TAP) are being carried out.
SEC. 3055. TRANSITION ASSISTANCE FOR MILITARY SPOUSES.
(a) Transition Assistance.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by inserting after section 1784a
the following new section:
``Sec. 1784b. Employment assistance, job training assistance, and other
transitional assistance for military spouses: Department
of Labor
``(a) In General.--In carrying out the program of assistance and
services required by section 1144 of this title, the Secretary of
Labor, in conjunction with the Secretary of Defense, the Secretary of
Homeland Security, and the Secretary of Veterans Affairs, shall also
maintain a program of counseling, assistance, help, and related
information and services for spouses of members of the armed forces
covered by that section in order to assist such spouses during the
transition of such members to civilian life.
``(b) Elements.--The counseling, assistance, help, and information
and services available under the program under this section shall be
the following:
``(1) Such counseling, assistance, help, and information
and services as are available to members under section 1144 of
this title and are suitable to assist spouses during the
transition of members as described in subsection (a).
``(2) Such other counseling, assistance, help, and
information and services to assist spouses during such
transition as the Secretaries consider appropriate for purposes
of the program.
``(c) Participation.--A spouse is eligible to participate in the
program under this section during any period in which the spouse's
member is eligible to participate in the program of assistance and
services required by section 1144 of this title.
``(d) Use of Personnel and Organizations.--In carrying out the
program under this section, the Secretaries may use any of the
authorities, personnel, organizations, and other resources available
for the program of assistance and services required by section 1144 of
this title that the Secretaries consider appropriate for the effective
operation of the program under this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 88 of such title is
amended by inserting after the item relating to section 1784a
the following new item:
``1784b. Employment assistance, job training assistance, and other
transitional assistance for military
spouses: Department of Labor.''.
(3) Effective date and commencement of program.--The
amendments made by this subsection shall take effect on the
date of the enactment of this Act. The Secretary of Labor shall
commence the program required by section 1784b of title 10,
United States Code (as added by such amendments), by such date,
not later than one year after the date of the enactment of this
Act, as the Secretary considers practicable.
(b) Participation of Spouses in TAP for Members.--Section 1144 of
title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``and the spouses of
such members'';
(2) in subsection (c), by inserting ``of Members'' after
``Participation'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following new
subsection (d):
``(d) Participation of Spouses.--The Secretaries shall permit the
spouses of members participating in the program carried out under this
section to participate in the receipt by such members of assistance and
services provided under the program to the extent that the
participation of such spouses in receipt of such assistance and
services will assist such members and spouses in maximizing the
benefits of the program carried out under this section.''.
SEC. 3056. PUBLIC-PRIVATE PARTNERSHIPS ON HEALTH, SAFETY, WELFARE, AND
MORALE OF MILITARY FAMILIES.
(a) Plan for Initiative Required.--The Secretary of Defense shall,
acting through the Office of Community Relations of the Department of
Defense, submit to Congress a report setting forth a proposal for one
or more initiatives between the military departments and appropriate
non-Federal entities for public-private partnerships designed to
support and enhance the health, safety, welfare, and morale of military
families. The initiatives shall be designed to provide the military
departments flexibility in the commitment of resources to the
partnerships according to the unique requirements of the military
departments and the Armed Forces.
(b) Initiative Elements.--In identifying appropriate elements for
the initiatives described in subsection (a), the Secretary shall take
into account the results of the following:
(1) Two current studies by the Office of the Secretary of
Defense on the health, safety, welfare, and morale of military
families.
(2) The public-private partnership initiative of the
Department of Veterans Affairs on the health, safety, welfare,
and morale of families of veterans.
SEC. 3057. SMALL BUSINESS ACTIVITIES OF MILITARY SPOUSES ON MILITARY
INSTALLATIONS.
(a) Assessment of Small Business Activity.--The Secretary of
Defense shall submit to Congress a report setting forth an assessment
of the feasibility and advisability of encouraging entrepreneurship
among military spouses by permitting military spouses to engage in
small business activities on military installations and in partnership
with commissaries, exchange stores, and other morale, welfare, and
recreation facilities of the Armed Forces.
(b) Elements.--The assessment shall--
(1) take into account the usage by military spouses of
installation facilities, utilities, and other resources in the
conduct of small business activities on military installations
and such other matters in connection with the conduct of such
business activities by military spouses as the Secretary
considers appropriate; and
(2) seek to identify mechanisms to ensure that costs and
fees associated with the usage by military spouses of such
facilities, utilities, and other resources in connection with
such business activities does not meaningfully curtail or
eliminate the opportunity for military spouses to profit
reasonably from such business activities.
SEC. 3058. REPORT ON ASSESSMENT OF FREQUENCY OF PERMANENT CHANGES OF
STATION OF MEMBERS OF THE ARMED FORCES ON EMPLOYMENT
AMONG MILITARY SPOUSES.
(a) In General.--The Secretary of Defense shall submit to Congress
a report setting forth an assessment of the effects of the frequency of
permanent changes of station (PCS) of members of the Armed Forces on
stability of employment among military spouses.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the effects of the frequency of
permanent changes of station of members of the Armed Forces on
stability of employment among military spouses, including the
contribution of frequent permanent changes of station to
unemployment or underemployment among military spouses.
(2) An assessment of the effects of unemployment and
underemployment among military spouses on force readiness.
(3) Such recommendations as the Secretary considers
appropriate regarding legislative or administration action to
achieve force readiness and stabilization through the
minimization of the impacts of frequent permanent changes on
stability of employment among military spouses.
TITLE IV--HEALTH
SEC. 4001. 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.
SEC. 4002. VOLUNTEER DENTAL PROJECTS AND ACTION FOR DENTAL HEALTH
PROGRAM.
Section 317M of the Public Health Service Act (42 U.S.C. 247b-14)
is amended--
(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. 4003. 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, 2019.
(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. 4004. 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:
``(s) 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.''.
SEC. 4005. IMPROVING OPPORTUNITY 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 PROJECT.
``(a) In General.--The Secretary, acting through the Administration
for Children and Families, shall make grants to eligible entities to
conduct demonstration projects that implement and evaluate strategies
to help families with eligible children to address the diapering needs
of such children.
``(b) Use of Funds.--Amounts provided through a grant under this
section shall be used to--
``(1) fund diaper distribution demonstration projects that
will reduce the substantial cost of diapers and diapering
supplies by making diapers and diapering supplies available to
low-income families;
``(2) evaluate the effects of such demonstration projects
on mitigating health risks, including diaper dermatitis,
urinary tract infections, and increased rates of parental and
child depression and anxiety, that can arise when low-income
families do not have an adequate supply of diapers for infants
and toddlers; and
``(3) integrate the diaper distribution demonstration
projects with other assistance programs serving families with
eligible children.
``(c) Application.--An entity desiring a grant under this section
shall submit to the Secretary an application that includes such
information as the Secretary may require to ensure a likelihood of
success in achieving the purposes of the grant listed in subsection
(b).
``(d) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be--
``(1) a State or local governmental entity;
``(2) an Indian tribe or tribal organization (as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act); or
``(3) a nonprofit organization as described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code.
``(e) No Effect on Other Programs.--Any assistance or benefits
provided to a family pursuant to a grant under this section shall be
disregarded for purposes of determining the family's eligibility for,
or amount of, benefits under--
``(1) any other Federal need-based program; or
``(2) in the case of a grant under this section to a State,
any State-funded, need-based program that is financed in whole
or in part with Federal funds.
``(f) Reports.--As a condition of receiving a grant under this
section for a fiscal year, an entity shall submit to the Secretary, not
later than 6 months after the end of the fiscal year, a report that
specifies--
``(1) the number of children and the number of families
receiving assistance under the diaper distribution
demonstration projects funded through such grant for each month
of the fiscal year;
``(2) the number of diapers, and the number of each type of
diapering supply distributed through such projects for each
month of the fiscal year;
``(3) the method or methods the entity uses to distribute
diapers and diapering supplies through such projects; and
``(4) such other information as the Secretary may require.
``(g) Evaluation.--The Secretary, in consultation with each entity
that receives a grant under this section, shall--
``(1) not later than September 30, 2019--
``(A) complete an evaluation of the effectiveness
of the diaper distribution demonstration projects
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 Web site of the Department of Health and Human
Services; and
``(2)(A) not later than September 30, 2022, update the
evaluation described in paragraph (1)(A); and
``(B) not later than 90 days after completion of the
updated evaluation under subparagraph (B)--
``(i) submit to the relevant congressional
committees a report describing the results of such
evaluation; and
``(ii) update the Web site described in paragraph
(1)(C) to include the results of such evaluation.
``(h) Definitions.--In this section:
``(1) The term `diaper' means an absorbent garment that is
washable or disposable that is worn by a child who is not
toilet-trained.
``(2) 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) The term `eligible child' means a child who--
``(A) is not toilet-trained;
``(B) has not attained 4 years of age, unless the
entity determines that the child has a substantial
physical or mental impairment that requires the child
to wear diapers; and
``(C) is a member of a family whose income is not
more than 130 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
Omnibus Budget Reconciliation Act of 1981) applicable
to a family of the size involved.
``(4) The term `toilet-trained' means able and willing to
use a toilet consistently such that diapers are not necessary
on a daily basis.
``(i) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated for each of fiscal years 2018
through 2022, $25,000,000.
``(2) Availability of funds.--Funds provided to an entity
under this section for a fiscal year may be expended only in
the fiscal year or the succeeding fiscal year.''.
SEC. 4006. FINDINGS.
Congress finds the following:
(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.
(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.
(20) Clean air, clean water, resource conservation, and
other policy goals that spurred lawmakers to enact existing
environmental and public health protections are vitally
important.
(21) 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.
(22) 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.
(23) Environmental justice advocates are commendable for
their continuing struggle to achieve fairer, healthier, more
sustainable policies and outcomes.
(24) There is a 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.
(25) Congress should commit 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.
SEC. 4007. 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) 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. 4008. 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 2019 through 2021.''.
(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 2019 through 2021.''.
TITLE V--SMALL BUSINESS
SEC. 5001. 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 2018 to 2022.
SEC. 5002. 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 2021, 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 2018 through 2022.
SEC. 5003. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
(a) Findings.--Congress finds that--
(1) startups face common challenges as they seek to
transform their ideas into successful, high-growth businesses;
(2) 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;
(3) 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;
(4) incubators and accelerators support promising startups
through partnerships, mentoring, and resources connecting them
with seasoned entrepreneurs;
(5) 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
(6) startups offer unique opportunities for growth and
development for women, minority, and veterans to become
successful entrepreneurs and leaders in new and developed
fields.
(b) Funding for Organizations That Support Startup Businesses.--The
Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 (15 U.S.C. 631 note) as
section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. 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 `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;
``(3) the term `new small business concern' means a small
business concern that has been in operation for not more than 5
years;
``(4) 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
``(5) 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 prizes or grants of
not more than $50,000 to eligible entities to support new small
business concerns.
``(2) Use of funds.--A prize or 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 prize or
grant under this section shall demonstrate that the eligible
entity will use the prize or grant to provide assistance to not
less than 10 new small business concerns per year.
``(2) Requirements.--In soliciting applications and
awarding prizes or 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;
``(B) utilizes an easily accessible submission
process or platform;
``(C) does not mandate the use of forms, detailed
budgets, supporting documentation, or written
submissions or impose other burdensome requirements;
``(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
prize or grant under this section that 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
prize or 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 prize or 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 prize or 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 prize or 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 prize or 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;
``(5) the ability of the eligible entity to use and
leverage local strengths, including human resources,
infrastructure, and educational institutions; and
``(6) the desire to promote diversity in entrepreneurship
by ensuring that not less than 50 percent of prizes or grants
shall be awarded annually to--
``(A) accelerators located in geographically
underserved areas; or
``(B) accelerators serving--
``(i) Native Americans;
``(ii) small business concerns owned and
controlled by socially and economically
disadvantaged individuals;
``(iii) individuals participating in the
Transition Assistance Program of the Department
of Defense;
``(iv) 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;
``(v) individuals with disabilities;
``(vi) women; and
``(vii) formerly incarcerated individuals.
``(f) Matching Nonpublic Funding Requirement.--
``(1) In general.--An eligible entity receiving a prize or
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 prize or grant may
be made under this section;
``(B) used to carry out the program of the eligible
entity carried out using the prize or grant under this
section; and
``(C) in an amount that is not to be less than 50
percent of the amount of the prize or 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.
``(g) Consequences of Failure To Abide by Terms and Conditions of
Prize or Grant Requirements of This Section.--The Administrator shall
notify each eligible entity receiving a prize or grant under this
section that failure to abide by the terms and conditions of the prize
or 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 prize or grant funds.
``(h) Annual Progress Reporting by Recipients of Prize or Grant.--
Each eligible entity receiving a prize or 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 prize or
grant, including--
``(1) the number of new small business concerns
participating in the program during each of the previous 3
years;
``(2) the number of new small business concerns applying to
participate in the program during each of the previous 3 years;
``(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 owned and
controlled by--
``(A) Native Americans;
``(B) socially and economically disadvantaged
individuals;
``(C) individuals participating in the Transition
Assistance Program of the Department of Defense;
``(D) 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;
``(E) women; and
``(F) formerly incarcerated individuals; and
``(8) other metrics determined appropriate by the
Administrator.
``(i) 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 (h).
``(j) Coordination With Other Small Business Administration
Programs.--The Administrator shall take appropriate action to encourage
eligible entities receiving a prize or 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), and assistance under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.).
``(k) 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.
``(l) Listing on Website.--The Administrator shall include a list
of eligible entities receiving a prize or grant under this section on
the website of the Administration.
``(m) 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.''.
SEC. 5004. EXPANDING BROADCAST OWNERSHIP OPPORTUNITIES.
(a) FCC Reports to Congress.--
(1) 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.
(2) 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.
(b) Tax Certificate Program for Broadcast Station Transactions
Furthering Ownership by Socially and Economically Disadvantaged
Individuals.--
(1) Requirements for issuance of certificate by fcc.--
(A) 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 AND ECONOMICALLY
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 ownership by socially and
economically disadvantaged individuals.--A sale--
``(A) of an interest in a broadcast station that,
before such sale, is not owned by socially and
economically disadvantaged individuals; and
``(B) that results in the station being owned by
socially and economically disadvantaged individuals.
``(2) Sale by investor in station owned by socially and
economically 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 and
economically 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.
``(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 and economically disadvantaged individuals.
``(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 and
economically disadvantaged individuals.--Requirements for
participation by socially and economically 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 and economically disadvantaged
individuals.--The term `owned by socially and economically
disadvantaged individuals' means, with respect to a broadcast
station, that--
``(A) such station is at least 51 percent owned by
one or more socially and economically 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 and
economically disadvantaged individuals; and
``(B) the management and daily business operations
of such station are controlled by one or more of such
individuals.
``(2) Socially and economically disadvantaged individual.--
The term `socially and economically disadvantaged individual'
means an individual who is socially and economically
disadvantaged. The Commission shall presume that socially and
economically disadvantaged individuals include--
``(A) Black Americans, Hispanic Americans, Native
Americans, Asian Pacific Americans, and other
minorities; and
``(B) women.
``(3) Socially disadvantaged individual.--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 the individual qualities of the
individual.
``(4) Economically disadvantaged individual.--The term
`economically disadvantaged individual' means a socially
disadvantaged individual whose ability to compete in the free
enterprise system has been impaired due to diminished capital
and credit opportunities as compared to others in the same
business area who are not socially disadvantaged. In
determining the degree of diminished credit and capital
opportunities, the Commission shall consider, but not be
limited to, the assets and net worth of such socially
disadvantaged individual.''.
(B) Deadline for adoption of rules.--The Commission
shall adopt rules to implement section 344 of the
Communications Act of 1934, as added by subparagraph
(A), not later than 1 year after the date of the
enactment of this Act.
(C) 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
subparagraph (A), beyond broadcast stations to cover
other entities regulated by the Commission.
(D) Report to congress on nexus between diversity
of ownership and diversity of viewpoint.--Not later
than 6 years after the date of the enactment of this
Act, and not less frequently than every 5 years
thereafter until the amendments made by this section
cease to apply in accordance with paragraph (4), the
Commission shall submit to Congress a report, including
supporting data, on 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.
(2) Nonrecognition of gain or loss for tax purposes.--
(A) 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).''.
(B) 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.''.
(3) Effective date.--The amendments made by this subsection
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.
(4) Sunset.--The amendments made by this subsection 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.
(c) Incubator Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commission shall establish a
program under which the Commission may grant a waiver of
paragraph (a) or (b) of section 73.3555 of title 47, Code of
Federal Regulations, to a licensee of a broadcast station to
enable the licensee to acquire an interest that would otherwise
be prohibited by such paragraph in a broadcast station that is
owned by socially and economically disadvantaged individuals.
(2) Report to congress.--The Commission shall submit to
Congress a report on the effectiveness of the program
established under paragraph (1) not later than the date that is
4 years after the date on which the Commission establishes the
program under such paragraph.
(3) Sunset.--The Commission may not grant a waiver under
paragraph (1) after the date that is 5 years after the date on
which the Commission establishes the program under such
paragraph.
(d) Definitions.--In this section:
(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 and economically disadvantaged
individuals.--The term ``owned by socially and economically
disadvantaged individuals'' has the meaning given such term in
section 344 of the Communications Act of 1934, as added by
subsection (b).
SEC. 5005. 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, 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.
SEC. 5006. 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. 45V. 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. 45V. 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 (38), by
striking the period at the end of paragraph (39) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(40) the veteran small business start-up credit
determined under section 45V.''.
(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 45V 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.
SEC. 5007. 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
2018 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. 5008. 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. 5009. 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. 5010. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT AIRPORTS WITH A
DISADVANTAGED BUSINESS ENTERPRISE PROGRAM.
(a) Tracking Required.--Beginning in fiscal year 2018, 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. 5011. 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.
SEC. 5012. PROMPT PAYMENTS.
(a) Reporting of Complaints.--Not later than 30 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall ensure that each airport that participates in the
Program tracks, and reports to the Administrator, the number of covered
complaints made in relation to activities at that airport.
(b) Improving Compliance.--
(1) In general.--The Administrator shall take actions to
assess and improve compliance with prompt payment requirements
under part 26 of title 49, Code of Federal Regulations.
(2) Contents of assessment.--In carrying out paragraph (1),
the Administrator shall assess--
(A) whether requirements relating to the inclusion
of prompt payment language in contracts are being
satisfied;
(B) whether and how airports are enforcing prompt
payment requirements;
(C) the processes by which covered complaints are
received and resolved by airports;
(D) whether improvements need to be made to--
(i) better track covered complaints
received by airports; and
(ii) assist the resolution of covered
complaints in a timely manner;
(E) the effectiveness of alternative dispute
resolution mechanisms with respect to resolving covered
complaints;
(F) best practices that ensure prompt payment
requirements are satisfied;
(G) the Federal Aviation Administration resources,
including staff, that are dedicated to helping resolve
covered complaints; and
(H) how the Federal Aviation Administration can
enhance efforts to resolve covered complaints,
including by using timelines and providing additional
staffing and other resources.
(3) Reporting.--The Administrator shall make available to
the public on an appropriate website operated by the
Administrator a report describing the results of the assessment
completed under this subsection, including a plan to respond to
such results.
(c) Definitions.--In this section, the following definitions apply:
(1) Covered complaint.--The term ``covered complaint''
means a complaint relating to an alleged failure to satisfy a
prompt payment requirement under part 26 of title 49, Code of
Federal Regulations.
(2) Program.--The term ``Program'' means 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. 5013. EXPANSION OF CREDIT FOR EXPENDITURES TO PROVIDE ACCESS TO
DISABLED INDIVIDUALS.
(a) Increase in Dollar Limitation.--
(1) In general.--Section 44(a) 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 2018, 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 2017' 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.--Section 44(b)(1)(A) of
such Code 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, 2017.
SEC. 5014. 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''.
TITLE VI--ECONOMIC DEVELOPMENT
SEC. 6001. 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
2019 through 2025.''.
SEC. 6002. MINORITY BANK DEPOSIT PROGRAM.
(a) 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.
(b) Expansion of Use of Minority Banks, Women's Banks, and Low-
Income Credit Unions.--
(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); 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.''.
(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)).
(c) 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)).''.
(d) 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
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.
(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'', ``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).
SEC. 6003. REPORTING CERTAIN POSITIVE CONSUMER CREDIT INFORMATION TO
CONSUMER REPORTING AGENCIES.
(a) In General.--Section 623 of the Fair Credit Reporting Act (15
U.S.C. 1681s-2) is amended by adding at the end the following new
subsection:
``(f) Full-File Credit Reporting.--
``(1) In general.--Subject to the limitation in paragraph
(2) and notwithstanding any other provision of law, a person or
the Secretary of Housing and Urban Development may furnish to a
consumer reporting agency information relating to the
performance of a consumer in making payments--
``(A) under a lease agreement with respect to a
dwelling, including such a lease in which the
Department of Housing and Urban Development provides
subsidized payments for occupancy in a dwelling; or
``(B) pursuant to a contract for a utility or
telecommunications service.
``(2) Limitation.--Information about a consumer's usage of
any utility services provided by a utility or telecommunication
firm may be furnished to a consumer reporting agency only to
the extent that such information relates to payment by the
consumer for the services of such utility or telecommunication
service or other terms of the provision of the services to the
consumer, including any deposit, discount, or conditions for
interruption or termination of the services.
``(3) Payment plan.--An energy utility firm may not report
payment information to a consumer reporting agency with respect
to an outstanding balance of a consumer as late if--
``(A) the energy utility firm and the consumer have
entered into a payment plan (including a deferred
payment agreement, an arrearage management program, or
a debt forgiveness program) with respect to such
outstanding balance; and
``(B) the consumer is meeting the obligations of
the payment plan, as determined by the energy utility
firm.
``(4) Definitions.--In this subsection, the following
definitions shall apply:
``(A) Energy utility firm.--The term `energy
utility firm' means an entity that provides gas or
electric utility services to the public.
``(B) Utility or telecommunication firm.--The term
`utility or telecommunication firm' means an entity
that provides utility services to the public through
pipe, wire, landline, wireless, cable, or other
connected facilities, or radio, electronic, or similar
transmission (including the extension of such
facilities).''.
(b) Limitation on Liability.--Section 623(c) of the Consumer Credit
Protection Act (15 U.S.C. 1681s-2(c)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) subsection (f) of this section, including any
regulations issued thereunder; or''.
(c) GAO Study and Report.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the impact of furnishing
information pursuant to subsection (f) of section 623 of the Fair
Credit Reporting Act (15 U.S.C. 1681s-2) (as added by this Act) on
consumers.
SEC. 6004. GENDER AND RACIAL AND ETHNIC DIVERSITY IN APPOINTING FEDERAL
RESERVE BANK PRESIDENTS.
(a) 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.
(b) Federal Reserve Bank Presidents.--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.''.
(c) Technical Amendments.--
(1) 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''.
(2) Bretton woods agreements act.--The Bretton Woods
Agreements Act (22 U.S.C. 286 et seq.) is amended--
(A) in section 4(a), by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board
of Governors''; and
(B) in section 45(a)(1), by striking ``chairman of
the board of Governors'' and inserting ``Chair of the
Board of Governors''.
(3) 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''.
(4) 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''.
(5) 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''.
(6) Emergency steel loan guarantee and emergency oil and
gas act of 1999.--The Emergency Steel Loan Guarantee and
Emergency Oil and Gas Act of 1999 (15 U.S.C. 1841 note) is
amended--
(A) in section 101(e)(2)--
(i) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board
of Governors''; and
(ii) by striking ``Chairman,'' and
inserting ``Chair,''; and
(B) in section 201(d)(2)(B)--
(i) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board
of Governors''; and
(ii) by striking ``Chairman,'' and
inserting ``Chair,''.
(7) 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''.
(8) Federal deposit insurance act.--The Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking
``Chairman of the Board of Governors'' each place such term
appears and inserting ``Chair of the Board of Governors''.
(9) Federal reserve act.--The Federal Reserve Act (12
U.S.C. 226 et seq.) is amended--
(A) by striking ``chairman'' each place such term
appears and inserting ``chair'';
(B) by striking ``Chairman'' each place such term
appears other than in section 11(r)(2)(B) and inserting
``Chair'';
(C) in section 2, in the sixth undesignated
paragraph--
(i) in the second sentence, by striking
``his'' and inserting ``the Comptroller of the
Currency's''; and
(ii) in the third sentence, by striking
``his'' and inserting ``the director's'';
(D) in section 4--
(i) in the third undesignated paragraph, by
striking ``his office'' and inserting ``the
Office of the Comptroller of the Currency'';
(ii) in the fourth undesignated paragraph,
in the provision designated ``fifth'', by
striking ``his'' and inserting ``the
person's'';
(iii) in the eighth undesignated paragraph,
by striking ``his'' and inserting ``the
chair's'';
(iv) in the seventeenth undesignated
paragraph--
(I) by striking ``his'' and
inserting ``the officer's''; and
(II) by striking ``he'' and
inserting ``the individual'';
(v) in the twentieth undesignated
paragraph--
(I) by striking ``He'' each place
such term appears and inserting ``The
chair'';
(II) in the third sentence--
(aa) by striking ``his''
and inserting ``the''; and
(bb) by striking ``he'' and
inserting a comma; and
(III) in the fifth sentence, by
striking ``he'' and inserting ``the
chair''; and
(vi) in the twenty-first undesignated
paragraph, by striking ``his'' each place such
term appears and inserting ``the agent's'';
(E) in section 6, in the second undesignated
paragraph, by striking ``he'' and inserting ``the
Comptroller of the Currency'';
(F) in section 9A(c)(2)(C), by striking ``he'' and
inserting ``the participant'';
(G) in section 10--
(i) by striking ``he'' each place such term
appears and inserting ``the member'';
(ii) in the second undesignated paragraph.
by striking ``his'' and inserting ``the
member's''; and
(iii) 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'';
(H) in section 12, by striking ``his'' and
inserting ``the member's'';
(I) in section 13, in the eleventh undesignated
paragraph, by striking ``his'' and inserting ``the
assured's'';
(J) in section 16--
(i) by striking ``he'' each place such term
appears and inserting ``the agent'';
(ii) in the seventh undesignated
paragraph--
(I) by striking ``his'' and
inserting ``the agent's''; and
(II) by striking ``himself'' and
inserting ``the agent'';
(iii) in the tenth undesignated paragraph,
by striking ``his'' and inserting ``the
Secretary's''; and
(iv) in the fifteenth undesignated
paragraph, by striking ``his'' and inserting
``the agent's'';
(K) in section 18, in the eighth undesignated
paragraph, by striking ``he'' and inserting ``the
Secretary of the Treasury'';
(L) in section 22--
(i) in subsection (f), by striking ``his''
and inserting ``the director's or officer's'';
and
(ii) in subsection (g)--
(I) in paragraph (1)(D)--
(aa) by striking ``him''
and inserting ``the officer'';
and
(bb) 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
(M) in section 25A--
(i) 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'';
(ii) in the fourteenth undesignated
paragraph, by striking ``his'' and inserting
``the director's or officer's''; and
(iii) in the twenty-second undesignated
paragraph, by striking ``his'' each place such
term appears and inserting ``such
individual's''.
(10) 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''.
(11) Financial institutions reform, recovery, and
enforcement act of 1989.--The Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 is amended--
(A) in section 308 (12 U.S.C. 1463 note)--
(i) in subsection (a), by striking
``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors'';
and
(ii) in subsection (c), by striking
``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors'';
(B) 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
(C) in section 1205(b)(1)(A) (12 U.S.C. 1818
note)--
(i) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board
of Governors''; and
(ii) by striking ``Chairman's'' and
inserting ``Chair's''.
(12) 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''.
(13) 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--
(A) in the heading, by striking ``chairman'' and
inserting ``chair'';
(B) by striking ``Chairman of the Board of
Governors'' each place such term appears and inserting
``Chair of the Board of Governors''; and
(C) by striking ``Chairman regarding'' and
inserting ``Chair regarding''.
(14) 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''.
(15) 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''.
(16) 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''.
(17) Public law 93-495.--Section 202(a)(1) of Public Law
93-495 (12 U.S.C. 2402(a)(1)) is amended--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``his'' and inserting ``the
Chair's''.
(18) 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''.
(19) 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''.
(20) Title 31.--Title 31, United States Code, is amended--
(A) in section 1344(b)(7), by striking ``Chairman
of the Board of Governors'' and inserting ``Chair of
the Board of Governors''; and
(B) in section 5318A, by striking ``Chairman of the
Board of Governors'' each place such term appears and
inserting ``Chair of the Board of Governors''.
(21) 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''.
(22) 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.
SEC. 6005. ALLOCATIONS UNDER NEW MARKETS TAX CREDIT MADE MORE
COMPETITIVE.
(a) In General.--Section 45D(i) of the Internal Revenue Code of
1986 is amended by striking ``and'' at the end the paragraph (5), by
striking the period at the end of paragraph (6) and inserting a comma,
and by adding at the end the following new paragraphs:
``(7) which prioritize community financial institution CDEs
with demonstrated records of having successfully provided
capital or technical assistance to disadvantaged businesses or
communities,
``(8) which ensure that minority-owned qualified community
development entities (as defined in subsection (c)(4)) receive
a proportional allocation of new markets tax credit limitation
for each calendar year,
``(9) which ensure that CDFI CDEs receive a proportional
allocation of new markets tax credit limitation for each
calendar year,
``(10) which establish an application review process
consistent with the following categories that ensures that only
entities within each category of qualified community
development entity compete with one another for new markets tax
credit limitation:
``(A) Emerging CDEs.
``(B) Community financial institution CDEs.
``(C) CDFI CDEs.
``(D) Large bank affiliated CDEs.
``(E) Nonprofit CDEs.
``(F) For-profit CDEs; and
``(11) which prioritize partnerships between--
``(A) large bank affiliated CDEs, and
``(B) emerging CDEs, community financial
institution CDEs, and CDFI CDEs.''.
(b) Definitions Related to Categories of Qualified Community
Development Entities.--Section 45D(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraphs:
``(3) Categories of qualified community development
entities.--For purposes of this section--
``(A) Emerging cde.--The term `emerging CDE' means
a qualified community development entity which--
``(i) has never received an allocation of
new markets tax credit limitation under
subsection (f), and
``(ii) is not a for-profit CDE or large
bank affiliated CDE.
``(B) Community financial institution cde.--The
term `community financial institution CDE' means a
qualified community development entity which--
``(i) is, or is affiliated with, a
financial institution which--
``(I) is not a certified community
development financial institution, and
``(II) has less than $1,000,000,000
in assets,
``(ii) has received one or more previous
allocations of new markets tax credit
limitation under subsection (f), and
``(iii) is not a CDFI CDE or large bank
affiliated CDE.
``(C) CDFI cde.--
``(i) In general.--The term `CDFI CDE'
means a qualified community development entity
which--
``(I) is, or is affiliated with, a
certified community development
financial institution,
``(II) has received one or more
previous allocations of new markets tax
credit limitation under subsection (f),
and
``(III) is not a large bank
affiliated CDE.
``(ii) Certified community development
financial institution.--The term `certified
community development financial institution'
means an entity which is certified by the
Secretary as a community development financial
institution for purposes of the community
development financial institutions fund.
``(D) Large bank affiliated cde.--The term `large
bank affiliated CDE' means a qualified community
development entity is affiliated with a financial
institution which--
``(i) has $1,000,000,000 or more in assets,
and
``(ii) is not a CDFI CDE.
``(E) Nonprofit cde.--The term `nonprofit CDE'
means a qualified community development entity which--
``(i) is described in section 501(c) and
exempt from tax under section 501(a),
``(ii) was created or organized for the
purpose of being a qualified community
development entity, and
``(iii) is not a community financial
institution CDE, CDFI CDE, or large bank
affiliated CDE.
``(F) For-profit cde.--The term `for-profit CDE'
means any qualified community development entity which
is not a community financial institution CDE, CDFI CDE,
large bank affiliated CDE, or nonprofit CDE.
``(4) Minority-owned qualified community development
entity.--For purposes of this section--
``(A) In general.--The term `minority-owned
qualified community development entity' means any
qualified community development entity if not less than
51 percent of such entity is owned by one or more
individuals described in subparagraph (B).
``(B) Individuals described.--An individual is
described in this subparagraph if such individual is
African American, Hispanic American, Asian Pacific
American, Subcontinent Asian American, or Native
American.''.
(c) Limitations on Repeat Allocations to Same Community Development
Entities.--Section 45D(f) of the Internal Revenue Code of 1986 is
amended by redesignating paragraph (3) as paragraph (4) and by
inserting after paragraph (2) the following new paragraph:
``(3) Limitations on repeat allocations.--
``(A) Two-year cooling off period if two
consecutive allocations.--If a qualified community
development entity receives allocations under paragraph
(2) for two consecutive calendar years, the Secretary
shall not make an allocation under paragraph (2) to
such entity (or any entity affiliated with such entity)
for either of the two calendar years following the two
consecutive calendar years with respect to which
allocations were made.
``(B) Shared allocations after reaching dollar
limitation.--The Secretary shall not make any
allocation under paragraph (2) to a qualified community
development entity for any calendar year if the
aggregate allocations made by the Secretary under such
paragraph to such entity (or any entity affiliated with
such entity) for all prior calendar years exceed
$100,000,000.
``(C) Exception for partnerships with specified
community development entities.--
``(i) In general.--Subparagraphs (A) and
(B) shall not apply to a qualified community
development entity for any calendar year if--
``(I) such qualified community
development entity has entered into a
partnership with a specified community
development entity to carry out the
purposes of this section with respect
to such calendar year,
``(II) neither subparagraph (A) nor
(B) (determined without regard to this
subparagraph) prevent the Secretary
from making allocations to such
specified community development entity
for such calendar year, and
``(III) the Secretary makes an
allocation under paragraph (2) to such
specified community development entity
for such calendar year in an amount
which is not less than 50 percent of
the allocation made under paragraph (2)
for such calendar year to the qualified
community development entity referred
to in the matter preceding clause (i).
``(ii) Specified community development
entity.--For purposes of this paragraph, the
term `specified community development entity'
means any qualified community development
entity which--
``(I) is an emerging CDE, community
financial institution CDE, or CDFI CDE,
and
``(II) was not (prior to entering
into the partnership for purposes of
clause (i) or paragraph (4)) affiliated
with the qualified community
development entity referred to in the
matter preceding clause (i).''.
(d) Large Bank Affiliated CDEs Required To Partner With Specified
Community Development Entity.--Section 45D(f) of the Internal Revenue
Code of 1986, as amended by subsection (c), is amended by redesignating
paragraph (4) as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Large bank affiliated cdes required to partner with
specified community development entity.--The Secretary shall
not make any allocation under paragraph (2) to a large bank
affiliated CDE for any calendar year unless the requirements of
subclauses (I), (II), (III) of paragraph (3)(C)(i) are met for
such calendar year applied by substituting `20 percent' for `50
percent' in subclause (III) thereof.''.
(e) Effective Date.--The amendments made by this section shall
apply to allocations made by the Secretary of the Treasury, or his
designee, after the date which is 1 year after the date of the
enactment of this Act.
SEC. 6006. 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
2020 through 2029.''.
(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 2019.
(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.
TITLE VII--HOUSING AND ASSET BUILDING
SEC. 7001. SENSE OF CONGRESS REGARDING THE RIGHT OF ALL RENTERS TO A
SAFE, AFFORDABLE, AND DECENT HOME.
(a) Congressional Findings.--The Congress finds that--
(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; and
(23) despite various clarifying memos from HUD, the re-
entry community continues to face barriers in trying to secure
access to federally assisted housing.
(b) Sense of Congress.--The Congress hereby--
(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 A--A Path to Ending Homelessness
SEC. 7101. 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. 7102. 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 2019 through 2023, $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, 2017,
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
2019 through 2023, $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
2019 through 2023, $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. 7103. HOUSING TRUST FUND.
(a) Funding.--
(1) Annual funding.--There is appropriated, out of any
money in the Treasury not otherwise appropriated, for fiscal
year 2019 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 2019 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 Act.
SEC. 7104. 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) engage 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. 7105. 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. 7106. 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. 7107. 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 B--Tenant Blacklisting
SEC. 7201. 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 721(c) of the Jobs and Justice Act of 2018''
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 Act, 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 Act, 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.).
SEC. 7202. 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
2018 through 2022 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. 7203. ASSISTANCE TO NEIGHBORWORKS FOR MORTGAGE FORECLOSURE
MITIGATION ACTIVITIES.
There is authorized to be appropriated $5,000,000, for each of
fiscal years 2018 through 2022 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. 7204. INCREMENTAL HOUSING CHOICE VOUCHER ASSISTANCE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2018 through 2022 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).
SEC. 7205. 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 C--Financial Literacy
SEC. 7301. 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''.
SEC. 7302. YOUNG AMERICANS FINANCIAL LITERACY.
(a) 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.
(b) Authorization for Funding the Establishment of Centers of
Excellence in Financial Literacy Education.--
(1) 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.
(2) Authorized activities.--Activities authorized to be
funded by grants made under paragraph (1) shall include the
following:
(A) Developing and implementing comprehensive
research based financial literacy education programs
for young people--
(i) 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
(ii) 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.
(B) 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.
(C) Developing and supporting the delivery of
professional development programs in financial literacy
education to assure competence and accountability in
the delivery system.
(D) Improving access to, and dissemination of,
financial literacy information for young people and
families.
(E) 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.
(F) Conducting ongoing research and evaluation of
financial literacy education programs to assure
learning of defined skills and knowledge, and retention
of learning.
(G) Developing research-based assessment and
accountability of the appropriate applications of
learning over short and long terms to measure
effectiveness of authorized activities.
(3) Priority for certain applications.--The Director shall
give a priority to applications that--
(A) provide clear definitions of ``financial
literacy'' and ``financially literate'' to clarify
educational outcomes;
(B) 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;
(C) include content that is appropriate to age and
socioeconomic levels;
(D) develop programs based on educational
standards, definitions, and research;
(E) include individual goals of financial
independence and stability; and
(F) establish professional development and delivery
systems using evidence-based practices.
(4) 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.
(5) Limitation on grant amounts.--
(A) In general.--The aggregate amount of grants
made under this subsection during any fiscal year may
not exceed $55,000,000.
(B) Termination.--No grants may be made under this
subsection after the end of fiscal year 2019.
(6) Definitions.--For purposes of this section the
following definitions shall apply:
(A) Director.--The term ``Director'' means the
Director of the Bureau of Consumer Financial
Protection.
(B) Eligible institution.--The term ``eligible
institution'' means a partnership of two or more of the
following:
(i) Institution of higher education.
(ii) Local educational agency.
(iii) A nonprofit agency, organization, or
association.
(iv) A financial institution.
(C) 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)).
SEC. 7303. 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 D--Housing Fairness
SEC. 7401. TESTING FOR DISCRIMINATION.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct a nationwide program of testing to--
(1) detect and document differences in the treatment of
persons seeking to rent or purchase housing or obtain or
refinance a home mortgage loan, and measure patterns of adverse
treatment because of the race, color, religion, sex, familial
status, disability status, or national origin of a renter, home
buyer, or borrower; and
(2) measure the prevalence of such discriminatory practices
across the housing and mortgage lending markets as a whole.
(b) Administration.--The Secretary of Housing and Urban Development
shall enter into agreements with qualified fair housing enforcement
organizations, as such organizations are defined under subsection (h)
of section 561 of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)), for the purpose of conducting the testing required
under subsection (a).
(c) Program Requirements.--The Secretary shall--
(1) submit to the Congress an evaluation by the Secretary
of the effectiveness of the program under this section; and
(2) issue regulations that require each application for the
program under this section to contain--
(A) a description of the assisted activities
proposed to be undertaken by the applicant;
(B) a description of the experience of the
applicant in formulating or carrying out programs to
carry out the activities described in subsection (a);
and
(C) a description of proposed procedures to be used
by the applicant for evaluating the results of the
activities proposed to be carried out under the
program.
(d) Report.--The Secretary of Housing and Urban Development shall
report to Congress--
(1) on a biennial basis, the aggregate outcomes of testing
required under subsection (a) along with any recommendations or
proposals for legislative or administrative action to address
any issues raised by such testing; and
(2) on an annual basis, a detailed summary of the messages
received by the Office of Fair Housing and Equal Opportunity of
the Department through its 24-hour toll-free telephone hotline,
through electronic mail, and through its website.
The Secretary may submit the reports required under paragraph (1) of
this subsection as part of the reports prepared in accordance with
paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42
U.S.C. 3608(e)) and section 561(j) of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a(j)).
(e) Use of Results.--The results of any testing required under
subsection (a) may be used as the basis for the Secretary, or any
Federal agency authorized to bring such an enforcement action, or any
State or local government or agency, public or private nonprofit
organization or institution, or other public or private entity that the
Secretary has entered into a contract or cooperative agreement with
under section 561 of the Housing and Community Development Act of 1987
(42 U.S.C. 3616a) to commence, undertake, or pursue any investigation
or enforcement action to remedy any discriminatory housing practice (as
such term is defined in section 802 of the Fair Housing Act (42 U.S.C.
3602)) uncovered as a result of such testing.
(f) Definitions.--As used in this section:
(1) Disability status.--The term ``disability status'' has
the same meaning given the term ``handicap'' in section 802 of
the Civil Rights Act of 1968 (42 U.S.C. 3602).
(2) Familial status.--The term ``familial status'' has the
same meaning given that term in section 802 of the Civil Rights
Act of 1968 (42 U.S.C. 3602).
(g) Relationship to Other Laws.--Nothing in this section may be
construed to amend, alter, or affect any provision of criminal law or
the Truth in Lending Act (15 U.S.C. 1601 et seq.).
(h) Regulations.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue regulations that
establish minimum standards for the training of testers of
organizations conducting testing required under subsection (a). Such
regulations shall serve as the basis of an evaluation of such testers,
which shall be developed by the Secretary, and such regulations shall
be issued after notice and an opportunity for public comment in
accordance with the procedure under section 553 of title 5, United
States Code, applicable to substantive rules (notwithstanding
subsections (a)(2), (b)(3)(B), and (d)(3) of such section).
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $15,000,000
for each of fiscal years 2019 through 2023.
SEC. 7402. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES
PROGRAM.
(a) In General.--Section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,''; and
(B) in paragraph (2), by inserting ``qualified''
before ``private nonprofit fair housing enforcement
organizations,'';
(2) by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out the provisions of this section $42,500,000 for
each of fiscal years 2019 through 2023, of which--
``(A) not less than 75 percent of such amounts
shall be for private enforcement initiatives authorized
under subsection (b);
``(B) not more than 10 percent of such amounts
shall be for education and outreach programs under
subsection (d); and
``(C) any remaining amounts shall be used for
program activities authorized under this section.
``(2) Availability.--Any amount appropriated under this
section shall remain available until expended to carry out the
provisions of this section.'';
(3) in subsection (h), in the matter following subparagraph
(C), by inserting ``and meets the criteria described in
subparagraphs (A) and (C)'' after ``subparagraph (B)''; and
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking the
period and inserting ``; and''; and
(iii) by adding after subparagraph (D) the
following new subparagraph:
``(E) websites and other media outlets.'';
(B) in paragraph (2), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''; and
(C) in paragraph (3), by striking ``or other public
or private entities'' and inserting ``or other public
or private nonprofit entities''.
(b) Regulations.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue regulations that
establish minimum standards for the training of testers of
organizations funded with any amounts made available to carry out this
section for any of fiscal years 2015 through 2019. Such regulations
shall serve as the basis of an evaluation of such testers, which shall
be developed by the Secretary, and shall be issued after notice and an
opportunity for public comment in accordance with the procedure under
section 553 of title 5, United States Code, applicable to substantive
rules (notwithstanding subsections (a)(2), (b)(3)(B), and (d)(3) of
such section).
SEC. 7403. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of Housing and Urban
Development should--
(1) fully comply with the requirements of section 561(d) of
the Housing and Community Development Act of 1987 (42 U.S.C.
3616a(d)) to establish, design, and maintain a national
education and outreach program to provide a centralized,
coordinated effort for the development and dissemination of the
fair housing rights of individuals who seek to rent, purchase,
sell, or facilitate the sale of a home;
(2) expend for such education and outreach programs all
amounts appropriated for such programs;
(3) promulgate regulations regarding the fair housing
obligations of each recipient of Federal housing and community
development funds to affirmatively further fair housing, as
that term is defined under title VIII of the Civil Rights Act
of 1968 (42 U.S.C. 3601 et seq.); and
(4) fully comply with the requirements of section 810(a) of
the Fair Housing Act (42 U.S.C. 3610(a)).
SEC. 7404. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION.
(a) Grant Program.--The Secretary of Housing and Urban Development
shall carry out a competitive matching grant program to assist public
and private nonprofit organizations in--
(1) conducting comprehensive studies that examine--
(A) the causes of housing discrimination and
segregation;
(B) the effects of housing discrimination and
segregation on education, poverty, and economic
development; or
(C) the incidences, causes, and effects of housing
discrimination and segregation on veterans and military
personnel; and
(2) implementing pilot projects that test solutions that
will help prevent or alleviate housing discrimination and
segregation.
(b) Eligibility.--To be eligible to receive a grant under this
section, a public or private nonprofit organization shall--
(1) submit an application to the Secretary of Housing and
Urban Development, containing such information as the Secretary
shall require;
(2) agree to provide matching non-Federal funds for 50
percent of the total amount of the grant, which matching funds
may include items donated on an in-kind contribution basis; and
(3) meet the requirements of a qualified fair housing
enforcement organization, as such term is defined in section
561(h) of the Housing and Community Development Act of 1987 (42
U.S.C. 3616a(h)), or subcontract with a qualified fair housing
enforcement organization as a primary subcontractor.
(c) Report.--The Secretary of Housing and Urban Development shall
submit a report to the Congress on a biennial basis that provides a
detailed summary of the results of the comprehensive studies and pilot
projects carried out under subsection (a), together with any
recommendations or proposals for legislative or administrative actions
to address any issues raised by such studies. The Secretary may submit
the reports required under this subsection as part of the reports
prepared in accordance with paragraphs (2) and (6) of section 808(e) of
the Fair Housing Act (42 U.S.C. 3608(e)) and section 561(j) of the
Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $5,000,000 for
each of fiscal years 2019 through 2023.
SEC. 7405. LIMITATION ON USE OF FUNDS.
None of the funds made available under this Act, or the amendments
made by this Act, may be used for any political activities, political
advocacy, or lobbying (as such terms are defined by Circular A-122 of
the Office of Management and Budget, entitled ``Cost Principles for
Non-Profit Organizations''), or for expenses for travel to engage in
political activities or preparation of or provision of advice on tax
returns.
TITLE VIII--EDUCATION
Subtitle A--Elementary and Secondary Education
PART 1--SUPPORTING PROMISE NEIGHBORHOODS
SEC. 8001. PURPOSE.
The purpose of this part is to significantly improve academic
outcomes, including school readiness, high school graduation, and
college entry and success of children living in our Nation's most
distressed neighborhoods, by using data-driven decisionmaking and
existing external resources to provide children in such neighborhoods
with access to a community-based continuum of high-quality pipeline
services that include access to early learning opportunities, high-
quality schools, and best available evidence that address the needs of
such children from birth through college and career.
SEC. 8002. DEFINITIONS.
In this part:
(1) In general.--Except as otherwise provided, the terms
used in this part have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) Child.--The term ``child'' means an individual from
birth through age 21.
(3) College and career readiness.--The term ``college and
career readiness'' means the level of preparation a student
needs in order to--
(A) enroll and succeed, without remediation, in
credit-bearing courses at an institution of higher
education;
(B) demonstrate the full range of knowledge and
perform the full range of workplace skills necessary to
succeed and advance in 21st century careers, such as
higher-order thinking, collaboration and teamwork, and
oral and written communication skills; and
(C) complete a program leading to an industry-
recognized credential that prepares graduates to obtain
employment with family-sustaining wages and
opportunities for advancement.
(4) Community of practice.--The term ``community of
practice'' means a group of entities that interact regularly to
share best practices to address one or more persistent
problems, or improve practice with respect to such problems, in
one or more neighborhoods.
(5) Expanded learning time.--The term ``expanded learning
time'' means using a longer school day, week, or year schedule
to significantly increase the total number of school hours to
include additional time for--
(A) instruction in core academic subjects;
(B) instruction in other subjects and enrichment
and other activities that contribute to a well-rounded
education, including music and the arts, physical
education, service-learning, and experiential and work-
based learning opportunities (such as community
service, learning apprenticeships, internships, and job
shadowing); and
(C) instructional and support staff to collaborate,
plan, and engage in professional development, including
on family and community engagement, within and across
grades and subjects.
(6) Family and community engagement.--The term ``family and
community engagement'' means the process of engaging family and
community members in education meaningfully and at all stages
of the planning, implementation, and school and neighborhood
improvement process, including, at a minimum--
(A) disseminating a clear definition of the
neighborhood to the members of the neighborhood;
(B) ensuring representative participation by the
members of such neighborhood in the planning and
implementation of the activities of each grant awarded
under this part;
(C) regular engagement by the eligible entity and
the partners of the eligible entity with family members
and community partners;
(D) the provision of strategies and practices to
assist family and community members in actively
supporting student achievement and child and youth
development; and
(E) collaboration with institutions of higher
education and employers to align expectations and
programming with college and career readiness.
(7) Family and student supports.--The term ``family and
student supports'' includes--
(A) health programs (including both mental health
and physical health services);
(B) school-, public-, and child-safety programs;
(C) programs that improve family stability;
(D) employment programs (including those that meet
local business needs, such as internships and
externships);
(E) social service programs;
(F) legal aid programs;
(G) financial education programs;
(H) adult education and family literacy programs;
(I) family and community engagement programs; and
(J) programs that increase access to learning
technology and enhance the digital literacy skills of
students.
(8) Family member.--The term ``family member'' means a
parent (as defined in section 8101 the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801)), relative, or other
adult who is responsible for the education, care, and well-
being of a child.
(9) Integrated student supports.--The term ``integrated
student supports'' means services, supports, and community
resources, which shall be offered through a site coordinator
for at-risk students, that have been shown by evidence-based
research--
(A) to increase academic achievement and
engagement;
(B) to support positive child and youth
development; and
(C) to increase student preparedness for success in
college and the workforce.
(10) Neighborhood.--The term ``neighborhood'' means a
defined geographical area in which there are multiple signs of
distress, demonstrated by indicators of need, including
poverty, childhood obesity rates, academic failure, and rates
of juvenile delinquency, adjudication, or incarceration.
(11) Pipeline.--The term ``pipeline'' means a continuum of
supports and services (including pipeline services, as defined
in this part) for children from birth through college entry,
college success, and career attainment.
(12) Pipeline services.--The term ``pipeline services''
includes, at a minimum, strategies to address through services
or programs (including integrated student supports and
wraparound services) the following:
(A) Prenatal education and support for expectant
parents.
(B) High-quality early learning opportunities.
(C) High-quality schools and out-of-school-time
programs and strategies.
(D) Support for a child's transition to elementary
school, between elementary school and middle school,
from middle school to high school, and from high school
into and through college and into the workforce.
(E) Family and community engagement.
(F) Family and student supports.
(G) Activities that support college and career
readiness, such as--
(i) assistance with college admissions,
financial aid, and scholarship applications,
especially for low-income and low-achieving
students; and
(ii) career preparation services and
supports.
(H) Neighborhood-based support for college-age
students who have attended the schools in the pipeline,
or students who are members of the community,
facilitating their continued connection to the
community and success in college and the workforce.
Subpart A--Promise Neighborhood Partnership Grants
SEC. 8011. PROGRAM AUTHORIZED.
(a) In General.--From amounts appropriated under section 8024, the
Secretary shall award grants, on a competitive basis, to eligible
entities to implement a comprehensive, evidence-based pipeline that
engages community partners to improve academic achievement, student
development, and college and career readiness, measured by common
outcomes, by carrying out the activities described in section 8014 in
neighborhoods with high concentrations of low-income individuals and
persistently low-achieving schools or schools with an achievement gap.
(b) Duration.--
(1) In general.--Grants awarded under this subpart shall be
for a period of not more than 5 years.
(2) Renewal.--The Secretary may renew grants under this
subpart for an additional period of not more than 5 years, if
an eligible entity demonstrates significant success in--
(A) ensuring school readiness, including success in
early learning;
(B) improving academic outcomes, including academic
achievement and graduation rates;
(C) increasing college and career readiness,
including rates of enrollment in institutions of higher
education; and
(D) improving the health, mental health, and social
and emotional well-being of children.
(c) Continued Funding.--Continued funding after the third year of
the grant period shall be contingent on the eligible entity's progress
toward meeting the performance metrics described in section 8016(a).
(d) Matching Requirement.--
(1) In general.--Each eligible entity receiving a grant
under this subpart shall contribute matching funds in an amount
equal to not less than 100 percent of the amount of the grant.
(2) Private funds.--A portion of such funds shall come from
private, nongovernmental sources as follows:
(A) An eligible entity that includes a local
educational agency eligible to receive funding under
subpart 1 or 2 of part B of title V of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7345 et
seq.)--
(i) shall contribute not less than 10
percent of the amount of the grant from
private, nongovernmental sources; and
(ii) shall increase this portion gradually
over the life of the grant until it equals or
exceeds 15 percent of the amount of the grant.
(B) An eligible entity that includes an Indian
tribe or tribal organization, as defined under section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)--
(i) shall contribute not less than 10
percent of the amount of the grant from
private, nongovernmental sources; and
(ii) shall increase this portion gradually
over the life of the grant until it equals or
exceeds 15 percent of the amount of the grant.
(C) An eligible entity not described in
subparagraph (A) or (B)--
(i) shall contribute not less than 10
percent of the amount of the grant from
private, nongovernmental sources; and
(ii) shall increase this portion gradually
over the life of the grant until it equals or
exceeds 25 percent of the amount of the grant.
(e) Financial Hardship Waiver.--The Secretary may waive or reduce
the matching requirement described in subsection (d) if the eligible
entity demonstrates a need due to significant financial hardship.
SEC. 8012. ELIGIBLE ENTITIES.
In this subpart, the term ``eligible entity'' means a nonprofit
entity acting as the lead applicant for a grant under this subpart in
partnership with a local educational agency. Such partnership may also
include any of the following entities:
(1) An institution of higher education, as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
(2) The office of a chief elected official of a unit of
local government.
(3) An Indian tribe or tribal organization, as defined
under section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b).
SEC. 8013. APPLICATION REQUIREMENTS.
(a) In General.--To be eligible to receive a grant under this
subpart, 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.
(b) Contents of Application.--At a minimum, an application
described in subsection (a) shall include the following:
(1) A description of a plan to significantly improve the
academic outcomes of children living in an identified
neighborhood by providing a pipeline that addresses the
neighborhood's needs, as identified by the needs analysis
described in paragraph (4) and supported by evidence-based
practices.
(2) A description of the neighborhood that the eligible
entity will serve.
(3) Measurable annual goals for the outcomes of the grant,
including--
(A) performance goals, in accordance with the
metrics described in section 8016(a), for each year of
the grant; and
(B) projected participation rates and any plans to
expand the number of children served or the
neighborhood proposed to be served by the grant
program.
(4) An analysis of the needs and assets of the neighborhood
identified in paragraph (2), including--
(A) a description of the process through which the
needs analysis was produced, including a description of
how family and community members were engaged in such
analysis;
(B) an analysis of community assets within, or
accessible to, the neighborhood, including, at a
minimum--
(i) early learning programs, including
high-quality child care, Early Head Start
programs, Head Start programs, and
prekindergarten programs;
(ii) the availability of healthy food
options and opportunities for physical
activity;
(iii) existing family and student supports;
(iv) locally owned businesses and
employers; and
(v) institutions of higher education;
(C) evidence of successful direct services and
collaboration within the neighborhood;
(D) the steps that the eligible entity is taking,
at the time of the application, to meet the needs
identified in the needs analysis; and
(E) any barriers the eligible entity, public
agencies, and other community-based organizations have
faced in meeting such needs.
(5) A description of the data and evidence base used to
identify the pipeline services to be provided, including data
regarding--
(A) school readiness;
(B) academic achievement and college and career
readiness;
(C) secondary school graduation rates;
(D) health indicators, such as rates of childhood
obesity or other health and developmental risk factors;
(E) college enrollment, persistence, and completion
rates; and
(F) conditions for learning, including school
climate surveys, discipline rates, and student
attendance and incident data.
(6) A description of the process used to develop the
application, including the involvement of family and community
members.
(7) An estimate of--
(A) the number of children, by age, who will be
served by each pipeline service over time; and
(B) for each age group, the percentage of children
(of such age group), within the neighborhood, who the
eligible entity proposes to serve, disaggregated by
each service, and the goals for increasing such
percentage over time.
(8) A description of how the pipeline services will include
the following activities:
(A) Providing high-quality early learning
opportunities for children, beginning prenatally and
extending through grade 3, by--
(i) establishing or supporting high-quality
early learning opportunities that provide
children with full-day, full-year access to
programs that support the cognitive and
developmental skills, including social and
emotional skills, needed for success in
elementary school;
(ii) providing for opportunities, through
parenting classes, baby academies, home visits,
or other evidence-based strategies, for
families and expectant parents to--
(I) acquire the skills to promote
early learning, development, and health
and safety, including learning about
child development and positive
discipline strategies (such as through
the use of technology and public media
programming);
(II) learn about the role of
families and expectant parents in their
child's education; and
(III) become informed about
educational opportunities for their
children, including differences in
quality among early learning
opportunities;
(iii) ensuring successful transitions
between early learning programs and elementary
school, including through the establishment of
memoranda of understanding between early
learning providers and local educational
agencies serving young children and families;
(iv) ensuring appropriate screening,
diagnostic assessments, and referrals for
children with disabilities, developmental
delays, or other special needs;
(v) improving the early learning workforce
in the community, including through--
(I) investments in the recruitment,
retention, distribution, and support of
high-quality professionals, especially
those with certification and experience
in child development;
(II) the provision of high-quality
teacher preparation and professional
development;
(III) the use of joint professional
development for early learning
providers and elementary school
teachers and administrators; or
(IV) efforts to increase the pay
and benefits of early learning
professionals; and
(vi) enhancing data systems and data
sharing among the eligible entity, partners,
early learning providers, schools, and local
educational agencies operating in the
neighborhood.
(B) Supporting, enhancing, operating, or expanding
ambitious, rigorous, and comprehensive education
reforms designed to significantly improve educational
outcomes for children and youth in early learning
programs through grade 12, which may include--
(i) operating schools or working in close
collaboration with local schools to provide
high-quality academic programs, curricula, and
integrated student supports;
(ii) the provision of expanded learning
time; and
(iii) the provision of programs and
activities that ensure that students--
(I) are prepared for the college
admissions, scholarship, and financial
aid application processes; and
(II) graduate college and career
ready.
(C) Supporting access to a healthy lifestyle, which
may include--
(i) the provision of high-quality and
nutritious meals;
(ii) access to programs that promote
physical activity, physical education, and
fitness; and
(iii) education to promote a healthy
lifestyle and positive body image.
(D) Providing social, health, and mental health
services and supports, including referrals for
essential care and preventative screenings, for
children, family, and community members, which may
include--
(i) dental services;
(ii) vision care; and
(iii) oral and auditory screenings and
referrals.
(E) Supporting students and family members as they
transition from early learning programs into elementary
school, from elementary school to middle school, from
middle school to high school, from high school into and
through college and into the workforce, including
through specialized resources to address challenges
that students may face as they transition, such as the
following:
(i) Early college high schools.
(ii) Dual enrollment programs.
(iii) Career academies.
(iv) Counseling and support services.
(v) Dropout prevention and recovery
strategies.
(vi) Collaboration with the juvenile
justice system and reentry counseling for
adjudicated youth.
(vii) Advanced Placement (AP) or
International Baccalaureate (IB) programs.
(viii) Teen parent classrooms.
(ix) Graduation and career coaches.
(9) A description of the strategies that will be used to
provide pipeline services (including a description of the
process used to identify such strategies and the outcomes
expected, and a description of which programs and services will
be provided to children, family members, community members, and
children not attending schools or programs operated by the
eligible entity or its partner providers) to support the
purpose of this part.
(10) An explanation of the process the eligible entity will
use to establish and maintain family and community engagement.
(11) An explanation of how the eligible entity will
continuously evaluate and improve the pipeline, including--
(A) a description of the metrics, consistent with
section 806(a), that will be used to inform each
component of the pipeline; and
(B) the processes for using data to improve
instruction, optimize integrated student supports,
provide for continuous program improvement, and hold
staff and partner organizations accountable.
(12) An identification of the fiscal agent, which may be
any entity described in section 8012.
(13) A list of Federal and non-Federal sources of funding
that the eligible entity will secure to comply with the
matching-funds requirement described in section 8011(d),
including other programs funded by the Department of Education,
or programs in the Department of Health and Human Services, the
Department of Housing and Urban Development, the Department of
Justice, or the Department of Labor.
(c) Memorandum of Understanding.--An eligible entity, as part of
the application described in this section, shall submit a preliminary
memorandum of understanding, signed by each partner entity or agency.
The preliminary memorandum of understanding shall describe, at a
minimum--
(1) each partner's financial and programmatic commitment
with respect to the strategies described in the application,
including an identification of the fiscal agent;
(2) each partner's long-term commitment to providing
pipeline services that, at a minimum, accounts for the cost of
supporting the pipeline (including after grant funds are no
longer available) and potential changes in local government;
(3) each partner's mission and plan that will govern the
work that partners do together;
(4) each partner's long-term commitment to supporting the
pipeline through data collection, monitoring, reporting, and
sharing; and
(5) each partner's commitment to ensure sound fiscal
management and controls, including evidence of a system of
supports and personnel.
SEC. 8014. USE OF FUNDS.
(a) In General.--Each eligible entity that receives a grant under
this subpart shall use the grant funds to--
(1) implement the pipeline services, as described in the
application under section 8013; and
(2) continuously evaluate the success of the program and
improve the program based on data and outcomes.
(b) Special Rules.--Each eligible entity that receives a grant
under this subpart--
(1) shall, in the 3rd year of the grant and each subsequent
year, including each year of a renewal grant, use not less than
80 percent of grant funds to carry out the activities described
in subsection (a)(1);
(2) if it includes an institution of higher education,
shall ensure that the institution limits the overhead rate
charged by the institution (to cover costs for items such as
administration, insurance, and taxes) to not more than 20
percent.
SEC. 8015. REPORT AND PUBLICLY AVAILABLE DATA.
(a) Report.--Each eligible entity that receives a grant under this
subpart shall prepare and submit an annual report to the Secretary,
which shall include--
(1) information about the number and percentage of
children, family members, and community members in the
neighborhood who are served by the grant program, including a
description of the number and percentage of children accessing
each of the pipeline services;
(2) data (disaggregated by the categories described in
section 8033(a)) about the grant program's success in--
(A) narrowing achievement gaps and improving
student achievement;
(B) ensuring school readiness and healthy socio-
emotional development;
(C) increasing student persistence;
(D) increasing student attendance, and decreasing
incidences of violence, suspension, and expulsion;
(E) improving conditions for learning, as measured
by a school climate survey;
(F) increasing the number and percentage of family
members who participate in adult education and family
literacy programs and other community activities; and
(G) increasing secondary school graduation rates
and college entry and completion rates;
(3) information relating to the performance metrics
described in section 8016(a); and
(4) other indicators that may be required by the Secretary,
in consultation with the Director of the Institute of Education
Sciences.
(b) Publicly Available Data.--Each eligible entity that receives a
grant under this subpart shall make publicly available, including
through electronic means, the information described in subsection (a).
To the extent practicable, such information shall be provided in a form
and language accessible to parents and families in the neighborhood,
and such information shall be a part of statewide longitudinal data
systems.
SEC. 8016. ACCOUNTABILITY.
(a) Performance Metrics.--The Secretary shall establish performance
metrics relevant to the evaluation of the grant program under this
subpart.
(b) Evaluation.--The Secretary shall evaluate the implementation
and impact of the activities funded under this subpart, in accordance
with section 8022.
Subpart B--General Provisions
SEC. 8021. PLANNING GRANTS.
(a) Purpose.--The purposes of the planning grant program
established under this section are to--
(1) enable communities to assess their needs and assets
regarding the unmet needs of children and youth;
(2) develop appropriate plans to address such unmet needs
through the provision of pipeline services; and
(3) support communities as such communities prepare to
apply for a grant under subpart A.
(b) Planning Grants Authorized.--From the amounts appropriated
under section 8024, the Secretary may reserve not more than 10 percent
for planning grants to entities eligible for grants under subpart A.
(c) Duration.--Grants awarded under this section shall be for a
period of not more than 1 year, and such grants shall not be renewed.
(d) Application.--
(1) In general.--To be eligible 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.
(2) Contents.--At a minimum, the application described in
paragraph (1) shall describe--
(A) how the eligible entity will conduct a needs
and assets analysis;
(B) how the eligible entity will use planning grant
funds in accordance with the purpose of this part,
including to establish a process to prioritize and
allocate resources and services to address the unmet
needs of children and youth in the community; and
(C) how the eligible entity will use planning grant
funds to become more competitive in applying for a
grant under subpart A.
(e) Limitation.--No entity may receive a grant under this section
while concurrently receiving grant funding under subpart A of this
part.
(f) Matching Funds.--The Secretary shall require that each eligible
entity receiving a grant under this section contribute matching funds
in an amount equal to not less than 50 percent of the amount of the
grant. Such matching funds may come from Federal or non-Federal
sources.
SEC. 8022. EVALUATION.
From the amounts appropriated under section 8024, the Secretary may
reserve not more than 3 percent for a national evaluation of the
activities carried out under subpart A. In conducting such evaluations,
the Secretary shall--
(1) direct the Director of the Institute of Education
Sciences, in consultation with the relevant program office at
the Department, to evaluate the implementation and impact of
the activities funded under subpart A, including the costs and
benefits of such activities, relative expenditures on different
activities in the pipeline, and the impacts of such activities
on incarceration and recidivism rates of children in
neighborhoods served by grants under such subpart;
(2) direct the Director of the Institute of Education
Sciences to identify best practices to improve the
effectiveness of activities funded under subpart A; and
(3) disseminate research on best practices to significantly
improve the academic outcomes of children living in our
Nation's most distressed communities.
SEC. 8023. NATIONAL ACTIVITIES.
From the amounts appropriated under section 8024 for a fiscal year,
the Secretary may reserve not more than 5 percent for national
activities, which may include--
(1) research on the activities carried out under subpart A;
(2) identifying and disseminating best practices;
(3) support for the community of practice related to the
purposes of this grant, which may include technical assistance
and conferences;
(4) professional development; and
(5) other activities consistent with the purpose of this
part.
SEC. 8024. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this part such
sums as may be necessary for fiscal year 2019 and each of the 4
succeeding fiscal years.
PART 2--INCREASED ACCESS TO COMPUTER SCIENCE EDUCATION
SEC. 8031. DEFINITIONS.
In this part:
(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. 8032. 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, Nontribal 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. 8033. REPORTING REQUIREMENTS.
(a) Grantee Reports.--Each State, local educational agency, and
eligible Tribal school that receives a grant under this part 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 part,
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 part, 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 part.
PART 3--ENVIRONMENTAL JUSTICE EDUCATION
SEC. 8041. GRANTS AUTHORIZED.
(a) In General.--The Secretary of Education shall, subject to the
availability of appropriations, make grants on a competitive basis
under this part 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 part 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 part 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 B--Community College
SEC. 8101. 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. 8111. IN GENERAL.
From amounts appropriated under section 8117(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 8115.
SEC. 8112. 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 2019-2020 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 2019-2020 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. 8113. 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. 8114. 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;
(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);
(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;
and
(8) a description of how the State or Indian tribe will
promote the improved performance of public institutions of
higher education through funding reform, including through the
use of a performance-based model that allocates a portion of
the State or Indian tribe's public higher education
expenditures based on the performance of those institutions on
State-specified metrics, including successful student outcomes,
while ensuring that existing funding gaps for underresourced
institutions are not exacerbated.
SEC. 8115. 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 8116(4)(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.
(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.--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.
(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 8114(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 8114.
SEC. 8116. 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'' means an academic program
through which a secondary school student is able simultaneously
to earn credit toward a secondary school diploma and a
postsecondary degree or other recognized postsecondary
credential, including early college high school programs.
(4) Eligible student.--
(A) Definition.--The term ``eligible student''
means a student who--
(i)(I) enrolls in a community college for
the first time, regardless of age, after the
date of enactment of this Act; or
(II) is enrolled in a community college,
for the first time, 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 8114(b)(2).
(B) Special rule.--An otherwise eligible student
shall lose eligibility 3 calendar years after first
receiving benefits under this part.
(5) 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).
(6) 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).
(7) 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).
(8) 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).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(10) 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. 8117. 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) $1,365,000,000 for fiscal year 2019;
(2) $3,020,000,000 for fiscal year 2020;
(3) $3,854,000,000 for fiscal year 2021;
(4) $5,395,000,000 for fiscal year 2022;
(5) $7,061,000,000 for fiscal year 2023;
(6) $8,085,000,000 for fiscal year 2024;
(7) $10,182,000,000 for fiscal year 2025;
(8) $13,019,000,000 for fiscal year 2026;
(9) $13,583,000,000 for fiscal year 2027; and
(10) $14,171,000,000 for fiscal year 2028 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
8112(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 CERTAIN INSTITUTIONS OF HIGHER EDUCATION
SEC. 8121. PATHWAYS TO STUDENT SUCCESS FOR HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES.
(a) In General.--From amounts appropriated under section 8124(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 as first-time students 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. 8122. 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 8124(a)
for any fiscal year, the Secretary shall award grants to participating
4-year minority-serving institutions to--
(1) encourage students to enroll as first-time students 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. 8123. 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, for the first time; or
(II) transfers from a community college
into a historically black college or
university, or minority-serving institution,
for the first time;
(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 8121 or 8122 in order to complete
such program of study, subject to all other
requirements of section 8121 or 8122 (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''
has the meaning given such term by the Secretary, except that
such term shall not exclude any student eligible for a Federal
Pell Grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a).
(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. 8124. APPROPRIATIONS.
(a) Authorization and Appropriations for HBCU and MSI Grants.--For
the purpose of carrying out sections 8121 and 8122, there are
authorized to be appropriated, and there are appropriated--
(1) $55,000,000 for fiscal year 2019;
(2) $180,000,000 for fiscal year 2020;
(3) $1,072,000,000 for fiscal year 2021;
(4) $1,115,000,000 for fiscal year 2022;
(5) $1,160,000,000 for fiscal year 2023;
(6) $1,206,000,000 for fiscal year 2024;
(7) $1,225,000,000 for fiscal year 2025;
(8) $1,306,000,000 for fiscal year 2026;
(9) $1,359,000,000 for fiscal year 2027; and
(10) $1,414,000,000 for fiscal year 2028 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 8121 and
8122 a grant under this part equal to 100 percent of the grant amount
determined under section 8121(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 C--Higher Education
PART 1--EARLY COLLEGE FEDERAL PELL GRANTS
SEC. 8201. EARLY COLLEGE FEDERAL PELL GRANT.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
is amended by adding at the end the following:
``(k) Early College Federal Pell Grants.--
``(1) In general.--Notwithstanding the requirement under
section 484(a)(1) that a student not been enrolled in an
elementary or secondary school to be eligible to receive a
Federal Pell Grant under this section, for the award years
beginning on July 1, 2019, and ending on June 30, 2025, the
Secretary shall carry out a program to award Early College
Federal Pell Grants to eligible students to support enrollment
in, and completion of, postsecondary courses offered through an
early college high school.
``(2) Maximum period for early college federal pell
grants.--An eligible student may receive an Early College
Federal Pell Grant under this subsection in an amount equal to
the cost of not more than 4 full-time postsecondary semesters,
or the equivalent of 4 full-time postsecondary semesters, as
determined by the Secretary by regulation, while enrolled in
postsecondary courses offered by an early college high school.
``(3) Counting of awards for purposes of federal pell
grants.--
``(A) In general.--An Early College Federal Pell
Grant received under this subsection shall be counted
toward the maximum period for which a student may
receive Federal Pell Grants under this section, as
provided under subsection (c)(5).
``(B) Waiver.--The Secretary may waive the
requirement under subparagraph (A) on a case-by-case
basis for any student demonstrating evidence of a
credible disruption or redirection in course of study
necessitating additional time to complete a
postsecondary degree or credential.
``(4) Terms and conditions.--
``(A) In general.--Except as provided in this
subsection, an Early College Federal Pell Grant
received under this subsection shall have the same
terms and conditions, and be awarded in the same
manner, as Federal Pell Grants awarded under this
section.
``(B) Minimum completion.--An eligible student may
only receive an Early College Federal Pell Grant under
this subsection upon completion of a full-time
postsecondary semester, or the equivalent of a full-
time postsecondary semester, as determined by the
Secretary by regulation.
``(C) Amount.--The Secretary shall pay an eligible
institution that is engaged in a partnership as part of
an early college high school an amount equal to the
cost of tuition, fees, and books for each postsecondary
course (including with respect to the postsecondary
courses completed to satisfy the requirement under
subparagraph (B)) an eligible student completes through
such early college high school, provided such eligible
student satisfies the requirement under subparagraph
(B).
``(5) Reporting.--Each early college high school shall
annually submit to the Secretary a report on the program of
postsecondary courses provided to eligible students that
includes the following information that is reported for all
eligible students and disaggregated by each student subgroup of
eligible students:
``(A) Total number and percentage of eligible
students who enroll in and subsequently complete the
program at the early college high school.
``(B) The number of postsecondary credits earned by
eligible students while enrolled in the early college
high school that may be applied toward a postsecondary
degree or credential program.
``(C) The percentage of eligible students enrolled
in the early college high school who concurrently earn
a secondary school diploma and an associate degree or
equivalent.
``(D) The percentage of early college high school
graduates completing the program who enroll in a
postsecondary institution.
``(E) The total amount of Early College Federal
Pell Grants awarded to eligible students served by the
early college high school.
``(6) Definitions.--In this subsection:
``(A) 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.
``(B) Eligible institution.--The term `eligible
institution' means an institution that--
``(i) complies with the existing
requirements of being an eligible institution
under this title; and
``(ii) demonstrates that it--
``(I) is participating in a
statewide articulation agreement;
``(II) has an articulation
agreement in place with at least one
public institution of higher education;
or
``(III) has a track record of
students successfully transferring
credits earned at the institution to
public institutions of higher
education.
``(C) Eligible student.--The term `eligible
student' means a student enrolled at an early college
high school who, if such student met the requirements
of section 484 for eligibility for a Federal Pell
Grant, would be awarded a Federal Pell Grant after the
determination of the expected family contribution for
such student.
``(D) Student subgroup.--The term `student
subgroup' means--
``(i) economically disadvantaged students;
``(ii) students from major racial and
ethnic groups;
``(iii) children with disabilities; and
``(iv) English learners.''.
PART 2--MANDATORY FUNDING FOR PELL GRANTS
SEC. 8205. FUNDING FEDERAL PELL GRANTS THROUGH MANDATORY FUNDING.
(a) Mandatory Funding; Reinstating Eligibility for Incarcerated
Individuals.--Section 401 of the Higher Education Act of 1965 (20
U.S.C. 1070a) is amended--
(1) in subsection (a)(1), by striking ``through fiscal year
2017'';
(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 2020-2021.--For award year 2020-
2021, 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 2019 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''.
PART 3--INCLUDING PARENT PLUS LOANS IN INCOME-CONTINGENT AND INCOME-
BASED REPAYMENT PLANS
SEC. 8211. 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:
``(F) 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. 8212. 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. 8213. 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. 8214. 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.).
PART 4--AMERICA RISING PROGRAM
SEC. 8221. 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 part $100,000,000 for each of the fiscal years
2019, 2020, and 2021.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.
PART 5--SCIENCE AND TECHNOLOGY
SEC. 8231. 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 further amended by adding at the
end the following new section:
``SEC. 230C. 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 105 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
230B the following new item:
``Sec. 230C. Office of Cybersecurity Education and Awareness.''.
SEC. 8232. 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 the
Secretary has the authority to select a secondary school 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. 8233. PROJECT-BASED LEARNING PROGRAM.
(a) Establishment.--The Secretary of Homeland Security shall direct
the Office of Cybersecurity Education and Awareness 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. 8234. 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 230C of the Homeland
Security Act of 2002, as added by section 8231 of this Act.
(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. 8235. 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
230C of the Homeland Security Act of 2002, as added by
section 8231 of this Act.
(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 Act.
(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 103(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 title 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 title. 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 title.
(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 title,
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 under
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. 8236. 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.
SEC. 8237. 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. 8238. 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 230C
of the Homeland Security Act of 2002, as added by
section 8231 of this Act.
(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. 8239. 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. 230D. 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 230C the following new item:
``Sec. 230D. 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 101
of this bill.
SEC. 8240. 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. 8241. 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.
(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.
SEC. 8242. 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. 8243. 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 8237, 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. 8244. 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 2019 and 2020.
SEC. 8245. 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. 230E. 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. 230E. E-Security Fellows Program.''.
SEC. 8246. 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. 8247. 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 the Office of Cybersecurity Education
and Awareness 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. 8248. 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. 230F. 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. 230F. E-Security Fellows Program.''.
PART 6--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
SEC. 8251. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM.
(a) Amendments.--Section 6(e) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(e)) is amended--
(1) in paragraph (7) by striking ``or'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) has an expected family contribution of 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-1087vv);
or
``(10) is determined to be `independent' based on one of
the criteria specified in subparagraphs (B), (C), (D), (G), and
(H) of section 480(d)(1) of the Higher Education Act (20 U.S.C.
1087vv).''.
(b) Effective Date.--This section and the amendments made by this
section shall take effect on October 1, 2019.
PART 7--STRENGTHENING PREVENTION AND RESPONSE MEASURES FOR HATE CRIMES
ON COLLEGE CAMPUSES
SEC. 8261. 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 2019 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. 8262. 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. 8263. 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. 8264. 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 D--Historically Black Colleges and Universities
SEC. 8301. 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. 8302. 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. 8303. 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 E--Mentoring
SEC. 8401. 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: ``There are authorized to be appropriated
to carry out the activities described in part D, $50,000,000 for fiscal
year 2019 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, and career
exploration goals, and a strategy on how to
accomplish such goals; and
``(iii) identifies the student's strengths,
weaknesses, and academic progress;
``(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; and
``(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.
``(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. 8402. 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 F--Civil Rights
SEC. 8501. 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. 8502. 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. 8503. 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.).''.
DIVISION B--JUSTICE
TITLE I--POLICE REFORM
SEC. 1001. DEFINITIONS.
In this Act:
(1) Covered program.--The term ``covered program'' means
any program or activity funded in whole or in part with funds
made available under--
(A) the Edward Byrne Memorial Justice Assistance
Grant Program under part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3750 et seq.); and
(B) the ``Cops on the Beat'' program under part Q
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd et seq.), except
that no program, project, or other activity specified
in section 1701(b)(13) of such part 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 officer finds
drugs, a gun, or other contraband 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) 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).
(5) Law enforcement agency.--The term ``law enforcement
agency'' means any Federal, State, local, or Indian tribal
public agency engaged in the prevention, detection, or
investigation of violations of criminal, immigration, or
customs laws.
(6) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, local, or Indian tribal
official responsible for enforcing criminal, immigration, or
customs laws, including police officers and other agents of a
law enforcement agency.
(7) Racial profiling.--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.
(8) 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.
(9) 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.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States.
(11) Unit of local government.--The term ``unit of local
government'' means--
(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
(B) any law enforcement district or judicial
enforcement district that--
(i) is established under applicable State
law; and
(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and impose taxes; or
(C) any Indian tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior.
SEC. 1002. PROHIBITION.
No law enforcement agent or law enforcement agency shall engage in
racial profiling.
SEC. 1003. ENFORCEMENT.
(a) Remedy.--The United States, or an individual injured by racial
profiling, may enforce this title 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 title, 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 1001(7) shall constitute prima
facie evidence of a violation of this title.
(d) Attorney's Fees.--In any action or proceeding to enforce this
title 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.
SEC. 1004. 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 401;
(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.
SEC. 1005. POLICIES REQUIRED FOR GRANTS.
(a) In General.--An application by a State, a unit of local
government, or a State, local, or Indian tribal law enforcement agency
for funding under a covered program shall include a certification that
such State, unit of local government, or law enforcement agency, 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 401;
and
(4) participation in an administrative complaint procedure
or independent audit program that meets the requirements of
section 302.
(c) Effective Date.--This section shall take effect 12 months after
the date of enactment of this Act.
SEC. 1006. 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, tribal, 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
programs and procedures 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 301 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 title.
SEC. 1007. DATA COLLECTION DEMONSTRATION PROJECT.
(a) Competitive Awards.--
(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. 1008. BEST PRACTICES DEVELOPMENT GRANTS.
(a) Grant Authorization.--The Attorney General, through the Bureau
of Justice Assistance, may make grants to States, local law enforcement
agencies, and units of local government to develop and implement best
practice devices and systems to eliminate racial profiling.
(b) Use of Funds.--The funds provided under subsection (a) shall be
used for programs that include the following purposes:
(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 officers or units of officers
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.
(c) Equitable Distribution.--The Attorney General shall ensure that
grants under this section are awarded in a manner that reserves an
equitable share of funding for small and rural law enforcement
agencies.
(d) Application.--Each State, local law enforcement agency, or unit
of local government desiring a grant under this section shall submit an
application to the Attorney General at such time, in such manner, and
accompanied by such information as the Attorney General may reasonably
require.
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
SEC. 1010. 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 201 and 301.
(b) Requirements.--The regulations issued under subsection (a)
shall--
(1) provide for the collection of data on all routine or
spontaneous investigatory activities;
(2) provide that the data collected shall--
(A) be collected by race, ethnicity, national
origin, gender, and religion, as perceived by the law
enforcement officer;
(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 Act 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 non-minority 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
(8) protect the privacy of individuals whose data is
collected by--
(A) limiting the use of the data collected under
this Act to the purposes set forth in this Act;
(B) except as otherwise provided in this Act,
limiting access to the data collected under this Act to
those Federal, State, local, or tribal employees or
agents who require such access in order to fulfill the
purposes for the data set forth in this Act;
(C) requiring contractors or other non-governmental
agents who are permitted access to the data collected
under this Act 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 Act.
[(c) Whenever a State government or unit of local government, or
any officer or employee thereof acting in an official capacity, has
engaged or is engaging in any act or practice prohibited by this
section, a civil action may be instituted after exhaustion of
administrative remedies by the person aggrieved in an appropriate
United States district court or in a State court of general
jurisdiction. Administrative remedies shall be deemed to be exhausted
upon the expiration of sixty days after the date the administrative
complaint was filed with the Office of Justice Programs or any other
administrative enforcement agency, unless within such period there has
been a determination by the Office of Justice Programs or the agency on
the merits of the complaint, in which case such remedies shall be
deemed exhausted at the time the determination becomes final.]
[(d) In any civil action brought by a private person to enforce
compliance with any provision of this subsection, the court may grant
to a prevailing plaintiff reasonable attorney fees, unless the court
determines that the lawsuit is frivolous, vexatious, brought for
harassment purposes, or brought principally for the purpose of gaining
attorney fees.]
[(e) In any action instituted under this section to enforce
compliance with paragraph (1), the Attorney General, or a specially
designated assistant for or in the name of the United States, may
intervene upon timely application if he certifies that the action is of
general public importance. In such action the United States shall be
entitled to the same relief as if it had instituted the action.]
SEC. 1011. PUBLICATION OF DATA.
The Department of Justice Bureau of Justice Statistics shall
provide to Congress and make available to the public, together with
each annual report described in section 401, the data collected
pursuant to this Act, excluding any personally identifiable information
described in section 403.
SEC. 1012. LIMITATIONS ON PUBLICATION OF DATA.
The name or identifying information of a law enforcement officer,
complainant, or any other individual involved in any activity for which
data is collected and compiled under this Act 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 Act;
(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.
SEC. 1013. ATTORNEY GENERAL TO ISSUE REGULATIONS AND REPORTS.
(a) Regulations.--In addition to the regulations required under
sections 303 and 401, the Attorney General shall issue such other
regulations as the Attorney General determines are necessary to
implement this Act.
(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
201(b)(3) and 301(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 401(b)(7);
(C) the status of the adoption and implementation
of policies and procedures by Federal law enforcement
agencies under section 201 and by the State and local
law enforcement agencies under sections 301 and 302;
and
(D) a description of any other policies and
procedures that the Attorney General believes would
facilitate the elimination of racial profiling.
[(c) Whenever a State government or unit of local government, or
any officer or employee thereof acting in an official capacity, has
engaged or is engaging in any act or practice prohibited by this
section, a civil action may be instituted after exhaustion of
administrative remedies by the person aggrieved in an appropriate
United States district court or in a State court of general
jurisdiction. Administrative remedies shall be deemed to be exhausted
upon the expiration of sixty days after the date the administrative
complaint was filed with the Office of Justice Programs or any other
administrative enforcement agency, unless within such period there has
been a determination by the Office of Justice Programs or the agency on
the merits of the complaint, in which case such remedies shall be
deemed exhausted at the time the determination becomes final.]
[(d) In any civil action brought by a private person to enforce
compliance with any provision of this subsection, the court may grant
to a prevailing plaintiff reasonable attorney fees, unless the court
determines that the lawsuit is frivolous, vexatious, brought for
harassment purposes, or brought principally for the purpose of gaining
attorney fees.]
[(e) In any action instituted under this section to enforce
compliance with paragraph (1), the Attorney General, or a specially
designated assistant for or in the name of the United States, may
intervene upon timely application if he certifies that the action is of
general public importance. In such action the United States shall be
entitled to the same relief as if it had instituted the action.]
SEC. 1014. 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. 1015. 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 (42 U.S.C. 14141), the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3701 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.
SEC. 1016. BODY-WORN CAMERA GRANTS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART MM--BODY-WORN CAMERA GRANTS
``SEC. 3031. IN GENERAL.
``From amounts made available to carry out this part, the Director
of the Bureau of Justice Assistance may make grants to States, units of
local government, and Indian tribes for the acquisition, operation, and
maintenance of body-worn cameras for law enforcement officers. In
making such grants, the Director shall assess the program proposed by
the applicant for the elements described in section 3033.
``SEC. 3032. USES OF FUNDS.
``Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used for the program described under section 3033.
``SEC. 3033. PROGRAM DESCRIBED.
``The program described in this section is any program implemented
by a grantee requiring the use of body-worn cameras by law enforcement
officers in that jurisdiction, which--
``(1) establishes policies and procedures for when law
enforcement officers should wear, activate, and deactivate
body-worn cameras;
``(2) ensures the protection of the civil liberties of
members of general public relating to the use of body-worn
cameras by law enforcement officers;
``(3) establishes policies limiting the use of recordings
of body-worn cameras to monitor the conduct of law enforcement
officers outside of their interactions, in an official
capacity, with members of the general public;
``(4) establishes or proposes to develop standards relating
to the effective placement, on a law enforcement officer's
body, of a body-worn camera;
``(5) describes the best practices for receiving an
accurate narrative from the recordings of body-worn cameras;
``(6) establishes policies for the collection and storage
of the recordings of body-worn cameras;
``(7) establishes policies relating to the availability of
recordings of body-worn cameras--
``(A) to the general public;
``(B) to victims of crimes; and
``(C) for internal use by the law enforcement
agency; and
``(8) has in place guidelines and training courses for law
enforcement officers relating to the proper management and use
of body-worn cameras.
``SEC. 3034. ALLOCATION OF FUNDS.
``Funds available under this part shall be awarded to each
qualifying unit of local government with fewer than 100,000 residents.
Any remaining funds available under this part shall be awarded to other
qualifying applicants on a pro rata basis.
``SEC. 3035. MATCHING REQUIREMENTS.
``(a) Federal Share.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
``(b) Non-Federal Share.--The non-Federal share of payments made
under this part may be made in cash or in-kind fairly evaluated,
including planned equipment or services.''.
SEC. 1017. STUDY ON THE COST OF THE PURCHASE AND USE OF BODY-WORN
CAMERAS BY LAW ENFORCEMENT AGENCIES.
(a) Study.--The Attorney General shall conduct a study on the cost
to State and local law enforcement agencies of purchasing and using
body-worn cameras or other similar cameras, including gun-mounted
cameras.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report that contains the results of the study conducted under
subsection (a).
SEC. 1018. ESTABLISHMENT OF TASK FORCE ON COMMUNITY POLICING AND BODY
CAMERA ACCOUNTABILITY.
There shall be established in the Department of Justice a task
force to do the following:
(1) The task force shall be created to provide
recommendations on community policing, including best practices
for creating accountability and transparency.
(2) Not later than one year after the date of the enactment
of this Act, the task force shall provide a report to the
Congress, which shall include the recommendations under
paragraph (1).
(3) Membership shall include representatives of civil
rights organizations, Federal, State, and local law enforcement
personnel, and community policing experts.
(4) The task force shall develop proper body-worn camera
training protocol.
(5) The task force shall study the impact that citizen
review boards could have on investigating cases of alleged
police misconduct.
(6) Not later than 1 year after implementation of the body
camera requirement policy under section 3033 of title I of the
Omnibus Crime Control Act of 1968, the task force shall conduct
a survey to determine best practices and effectiveness of the
policy with findings to be reported back to the Congress.
SEC. 1019. GAO REPORT ON PENTAGON'S 1033 PROGRAM.
Not later than 90 days after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Congress a
report on the Department of Defense Excess Personal Property Program
established pursuant to section 1033 the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104-201), that includes
information on--
(1) which jurisdictions equipment is sent to;
(2) the value of equipment sent to each jurisdiction;
(3) the level of training provided to officers; and
(4) how the equipment is used in the jurisdiction.
SEC. 1020. 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. 1021. 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. 1022. 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. 1023. WITHHOLDING OF CERTAIN FUNDS.
Any funds necessary to purchase, store, use, or maintain body
cameras described in this Act shall be derived from funds made
available to purchase new weapons for ICE officials.
SEC. 1024. 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.
(2) In general.--The Attorney General shall 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) Development of uniform standards.--After completion of
the initial review and analysis under paragraph (2), the
Attorney General shall recommend, in consultation with such
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 early warning
systems and related intervention programs, use of force
procedures, civilian review procedures, traffic and pedestrian
stop and search procedures, data collection and transparency,
administrative due process requirements, video monitoring
technology, juvenile justice and school safety, and training.
(4) 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 continue the development of further
accreditation standards consistent with paragraph (2) and to
encourage the pursuit of accreditation of Federal, State,
local, and tribal law enforcement agencies by certified law
enforcement accreditation organizations.
(b) Accreditation Grants.--The Attorney General may make funds
available to State, local, tribal law enforcement agencies, and campus
public safety departments under this title to assist in gaining or
maintaining accreditation from certified law enforcement accreditation
organizations.
SEC. 1025. DEFINITIONS.
In this title:
(1) 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)).
(2) The term ``law enforcement agency'' means a State,
local, Indian tribal, or campus public agency engaged in the
prevention, detection, or investigation, prosecution, or
adjudication of violations of criminal laws.
(3) The term ``community-based organization'' means a
grassroots organization that monitors the issue of police
misconduct and that has a national presence and membership
(such as the National Association for the Advancement of
Colored People (NAACP), the American Civil Liberties Union
(ACLU), the National Council of La Raza, the National Urban
League, the National Congress of American Indians, and the
National Asian Pacific American Legal Consortium (NAPALC)).
(4) 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 groups and with the civilian community on matters
of common interest (such as the Hispanic American Police
Command Officers Association (HAPCOA), National Asian Pacific
Officers Association (NAPOA), National Black Police Association
(NBPA), National Latino Peace Officers Association (NLPOA),
National Organization of Black Law Enforcement Executives
(NOBLE), Women in Law Enforcement, Native American Law
Enforcement Association (NALEA), International Association of
Chiefs of Police (IACP), National Sheriffs' Association (NSA),
Fraternal Order of Police (FOP), and National Association of
School Resource Officers).
(5) The term ``professional civilian oversight
organization'' means a membership organization formed to
address and advance the cause of 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 entities or individuals
(such as the National Association for Civilian Oversight of Law
Enforcement (NACOLE)).
SEC. 1026. LAW ENFORCEMENT GRANTS.
(a) Grant Authorization.--The Attorney General may make grants to
States, units of local government, Indian tribal governments, or other
public and private entities, or to any multijurisdictional or regional
consortia of such entities, 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.
(b) Project Grants To Study Law Enforcement Agency Management.--
Grants made under subsection (a) shall be used for the study of
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 systems, juvenile 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 by law enforcement officers.
(c) Project Grants To Develop Pilot Programs.--Grants made under
subsection (a) shall also be used to 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. These
programs shall include the following characteristics:
(1) Training.--Law enforcement policies, practices, and
procedures addressing training and instruction to comply with
accreditation standards in the areas of--
(A) the use of lethal, nonlethal force, and de-
escalation;
(B) investigation of misconduct and practices and
procedures for referral to prosecuting authorities use
of deadly force or racial profiling;
(C) disproportionate minority contact by law
enforcement;
(D) tactical and defensive strategy;
(E) arrests, searches, and restraint;
(F) professional verbal communications with
civilians;
(G) interactions with youth, the mentally ill, and
limited English proficiency, 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 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 (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) Juvenile justice and school safety.--The development of
uniform standards on juvenile justice and school safety,
including standards relating to interaction and communication
with juveniles, physical contact, use of lethal and nonlethal
force, notification of a parent or guardian, interviews and
questioning, custodial interrogation, audio and video
recording, conditions of custody, alternatives to arrest,
referral to child protection agencies, and removal from school
grounds or campus.
(5) Victim services.--Counseling services, including
psychological counseling, for individuals and communities
impacted by law enforcement misconduct.
(d) Amounts.--Of the amounts appropriated for the purposes of this
title--
(1) 4 percent shall be available for grants to Indian
tribal governments;
(2) 20 percent shall be available for grants to community-
based organizations;
(3) 10 percent shall be available for grants to
professional law enforcement associations; and
(4) the remaining funds shall be available for grants to
applicants in each State in an amount that bears the same ratio
to the amount of remaining funds as the population of the State
bears to the population of all of the States.
(e) Technical Assistance.--
(1) The Attorney General may provide technical assistance
to States, units of local government, Indian tribal
governments, and to other public and private entities, in
furtherance of the purposes of this section.
(2) The technical assistance provided by the Attorney
General may include the development of models for State, local,
and Indian tribal governments, and other public and private
entities, to reduce law enforcement 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 title.
(g) Matching Funds.--
(1) In general.--Except in the case of an Indian tribal
government or nonprofit community-based organization, the
portion of the costs of a program, project, or activity
provided by a grant under subsection (a) may not exceed 75
percent.
(2) Waivers.--The Attorney General may waive, wholly or in
part, the requirement under paragraph (1) of a non-Federal
contribution to the costs of a program, project, or activity.
(h) Applications.--
(1) Application.--An application for a grant under this
title shall be submitted in such form, and contain such
information, as the Attorney General may prescribe by
guidelines.
(2) Priority.--For law enforcement agency applications,
priority shall be given to applicants seeking or having been
awarded accreditation from national law enforcement
accreditation organizations as defined in section 102.
(3) Approval.--A grant may not be made under this title
unless an application has been submitted to, and approved by,
the Attorney General.
(i) Performance Evaluation.--
(1) Monitoring components.--Each program, project, or
activity funded under this title shall contain a monitoring
component, which shall be developed pursuant to guidelines
established by the Attorney General. Such monitoring component
shall include systematic identification and collection of data
about activities, accomplishments, and programs throughout the
life of the program, project, or activity and presentation of
such data in a usable form.
(2) Evaluation components.--Selected grant recipients shall
be evaluated on the local level or as part of a national
evaluation, pursuant to guidelines established by the Attorney
General. Such evaluations may include independent audits of
police behavior and other assessments of individual program
implementations. 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 deems reasonably necessary.
(j) Revocation or Suspension of Funding.--If the Attorney General
determines, as a result of monitoring under subsection (i) or
otherwise, that a grant recipient under this title is not in
substantial compliance with the terms and requirements of the approved
grant application submitted under subsection (h), the Attorney General
may revoke or suspend funding of that grant, in whole or in part.
(k) Definitions.--In this title:
(1) The terms ``law enforcement accreditation
organization'', ``law enforcement agency'', ``community-based
organization'', and ``professional law enforcement
association'' have the meaning given such terms in section 102
of this Act.
(2) The term ``private entity'' means a private security
organization engaged in the prevention, detection, or
investigation of violations of criminal laws and/or
organizational policy (such as privately operated campus public
safety units or department store security).
(3) The term ``civilian review board'' means an
administrative entity that--
(A) is independent and adequately funded;
(B) has investigatory authority and staff subpoena
power;
(C) has representative community diversity;
(D) has policymaking authority;
(E) provides advocates for civilian complainants;
(F) has mandatory police power to conduct hearings;
and
(G) conducts statistical studies on prevailing
complaint trends.
SEC. 1027. 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
preinterview warnings and termination policies.
(2) Initial analysis.--The Attorney General shall perform
an initial analysis of existing State statutes to determine
whether, at a threshold level, the effect of this type of rule
or procedure raises material investigatory issues that could
impair or hinder a prompt and thorough investigation of
possible misconduct, including criminal conduct, that would
justify a wider inquiry.
(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 rules from a
representative and statistically significant sample of
jurisdictions, to determine whether such 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 title, the Attorney General shall
submit to Congress a report containing the results of its
initial analysis, make such report available to the public, and
identify the jurisdictions for which the study is to be
conducted.
(2) Data collected.--Not later than 2 years after the date
of the enactment of this title, the Attorney General shall
submit to Congress a report containing the results of the data
collected under this title and cause a copy of such report to
be published in the Federal Register.
SEC. 1028. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2016, in
addition to any other sums authorized to be appropriated for this
purpose, $5,000,000 for additional expenses related to the enforcement
of section 210401 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14141), criminal enforcement (18 U.S.C. 241 and
242), and administrative enforcement by the Department of Justice, and
$3,300,000 for additional expenses related to conflict resolution by
the Department of Justice's Community Relations Service.
SEC. 1029. 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 title referred to as the ``Task
Force'').
(b) Composition.--The Task Force shall be composed of individuals
appointed by the Attorney General, who shall appoint at least 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) Office of Tribal Justice; and
(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 (as defined in section 102),
labor organizations, and community-based organizations (as defined in
section 102) to coordinate the process of the detection and referral of
complaints regarding incidents of alleged law enforcement misconduct.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for each fiscal year to carry out this section.
SEC. 1030. FEDERAL DATA COLLECTION ON LAW ENFORCEMENT PRACTICES.
(a) Agencies To Report.--Each Federal and State and local law
enforcement agency shall report data of the practices 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 and employees 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 officers or employees of the law
enforcement agency 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 or employee 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 so reportable 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 the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755(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 each State and local
law enforcement agency 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.
SEC. 1031. MEDALLIONS FOR FALLEN LAW ENFORCEMENT OFFICERS.
(a) In General.--The Attorney General, in consultation with the
National Law Enforcement Officers Memorial Fund, shall create and
provide a distinctive medallion to be issued to the survivors of law
enforcement officers--
(1) killed in the line of duty; and
(2) memorialized on the wall of the National Law
Enforcement Officers Memorial.
(b) Distribution of Medallions.--The Attorney General shall make
arrangements with the National Law Enforcement Officers Memorial Fund
to distribute the medallions to appropriate survivors of each law
enforcement officer memorialized on the wall of the National Law
Enforcement Officers Memorial.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 1032. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT.
(a) Training Requirement.--For each fiscal year after the
expiration of the period specified in subsection (d) in which a State
or unit of local government receives a grant under part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), the State or unit of local government shall require that all
individuals enrolled in an academy of a law enforcement agency of the
State or unit of local government and all law enforcement officers of
the State or unit of local government fulfill a training session on de-
escalation techniques each fiscal year, including--
(1) the use of alternative non-lethal methods of applying
force and techniques that prevent the officer from escalating
any situation where force is likely to be used;
(2) verbal and physical tactics to minimize the need for
the use of force, with an emphasis on communication,
negotiation, de-escalation techniques, providing the time
needed to resolve the incident safely for everyone;
(3) the use of the lowest level of force that is a possible
and safe response to an identified threat, then re-evaluating
the threat as it progresses;
(4) techniques that provide all officers with awareness and
recognition of mental health and substance abuse issues with an
emphasis on communication strategies, training officers
simultaneously in teams on de-escalation and use of force to
improve group dynamics and diminish excessive use of force
during critical incidents;
(5) principles of using distance, cover, and time when
approaching and managing critical incidents, and elimination of
the use of concepts like the ``21-foot rule'' and ``drawing a
line in the sand'' in favor of using distance and cover to
create a ``reaction gap'';
(6) crisis intervention strategies to appropriately
identify and respond to individuals suffering from mental
health or substance abuse issues, with an emphasis on de-
escalation tactics and promoting effective communication; and
(7) other evidence-based approaches, found to be
appropriate by the Attorney General, that enhance de-escalation
skills and tactics, such as the Critical Decision-Making Model
and scenario-based trainings.
In the case of individuals attending an academy, such training session
shall be for such an appropriate amount of time as to ensure academy
participants receive effective training under this subsection and in
the case of all other law enforcement officers, the training session
shall be for an appropriate amount of time as to ensure officers
receive effective training under this subsection. The State or unit of
local government shall certify to the Attorney General of the United
States that such training sessions have been completed.
(b) Scenario-Based Training.--Training described in subsection (a)
shall be conducted with an emphasis on training that employs theories
of de-escalation techniques and applies them to practical on-the-job
scenarios that regularly face law enforcement officers.
(c) Cross-Training.--To the extent practicable, principles of
training as described in subsection (a) shall be applied to other
training conducted at the academy.
(d) Compliance and Ineligibility.--
(1) Compliance date.--Beginning not later than 1 year after
the date of this Act, each State or unit of local government
receiving a grant shall comply with subsection (a), except that
the Attorney General may grant an additional 6 months to a
State or unit of local government that is making good faith
efforts to comply with such subsection.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State or
unit of local government that fails to comply with subsection
(a), shall, at the discretion of the Attorney General, be
subject to not more than a 20-percent reduction of the funds
that would otherwise be allocated for that fiscal year to the
State or 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.), 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.
(e) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State or unit of local government for
failure to fully comply with subsection (a) shall be reallocated under
that program to States and units of local government that have not
failed to comply with such subsection.
(f) Evidence-Based Practices.--For purposes of subsection (a)(4),
the Attorney General shall maintain a list of evidence-based practices
it determines is successful in enhancing de-escalation skills of law
enforcement officers. The Attorney General shall regularly update this
list as needed and shall publish the list to the public on a yearly
basis.
SEC. 1033. DATA COLLECTION.
The Attorney General shall collect data on efforts undertaken by
Federal fund recipients to enhance de-escalation training for law
enforcement officers.
SEC. 1034. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN
AVAILABLE.
(a) In General.--In the case of a State or unit of local government
that received 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.), if that State or unit of local government fails by the end of a
fiscal year to enact or have in effect laws, policies, or procedures
that sets forth an affirmative duty on a law enforcement officer of
that State or unit of local government, whenever possible, to employ
de-escalation techniques in which the officer has received training
required under section 2(a), the Attorney General shall reduce the
amount that would otherwise be awarded to that State or unit of local
government under such grant program in the following fiscal year by 15
percent.
(b) Reallocation.--Amounts not allocated under a program referred
to in subsection (a) to a State or unit of local government for failure
to be in compliance with this section shall be reallocated under that
program to States and units of local government that are in compliance
with this section.
SEC. 1035. ATTORNEY GENERAL GUIDANCE.
Not later than 180 days after the date of enactment of this Act,
the Attorney General shall issue guidance, for the benefit of States
and units of local government, on compliance with the requirements of
this Act.
SEC. 1036. IN GENERAL.
(a) Training Requirement.--For each fiscal year after the
expiration of the period specified in subsection (b) in which a State
receives funds for a program referred to in subsection (c)(2), the
State shall require that all individuals enrolled in an academy of a
law enforcement agency of the State and all law enforcement officers of
the State fulfill a training session on sensitivity each fiscal year,
including training on ethnic and racial bias, cultural diversity, and
police interaction with the disabled, mentally ill, and new immigrants.
In the case of individuals attending an academy, such training session
shall be for 8 hours, and in the case of all other law enforcement
officers, the training session shall be for 4 hours.
(b) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days, beginning on the date of enactment of this Act, to
comply with subsection (a), except that--
(A) the Attorney General may grant an additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a), shall, at the
discretion of the Attorney General, be subject to not more than
a 20-percent reduction of the funds that would otherwise be
allocated for that 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.
(c) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
SEC. 1037. FINDINGS.
Congress finds the following:
(1) According to the Equal Employment Opportunity
Commission (EEOC) and the Census Bureau, which together provide
detail on the racial composition of government workers in large
American cities, in about two-thirds of the United States
cities with the largest police forces, the majority of police
officers commute to work from outside the city in which they
work.
(2) When officers live in the cities in which they work, it
may reduce the carbon footprint by employees in their journey
to work, foster more employee concern in the affairs of their
city, ensure manpower will be available in case of emergencies,
generate additional tax revenue for the city, and cut down on
absenteeism and tardiness.
(3) According to the President's Task Force on 21st Century
Policing, recommendation 1.8 reads ``law enforcement agencies
should strive to create a workforce that contains a broad range
of diversity including race, gender, language, life experience,
and cultural background to improve understanding and
effectiveness in dealing with all communities.''.
(4) Additionally, the Fairness and Effectiveness in
Policing: The Evidence states ``A critical factor in managing
bias is seeking candidates who are likely to police in an
unbiased manner. Since people are less likely to have biases
against groups with which they have had positive experiences,
police departments should seek candidates who have had positive
interactions with people of various cultures and
backgrounds.''.
SEC. 1038. USE OF COPS GRANT FUNDS TO HIRE LAW ENFORCEMENT OFFICERS WHO
ARE RESIDENTS OF THE COMMUNITIES THEY SERVE.
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 (17), by striking ``and'' at the end;
(2) by redesignating paragraph (18) as paragraph (20);
(3) in paragraph (20), as so redesignated, by striking
``(17)'' and inserting ``(19)''; and
(4) by inserting after paragraph (17) the following:
``(18) to recruit, hire, promote, retain, develop, and
train new, additional career law enforcement officers who are
residents of the communities they serve;
``(19) 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; and''.
SEC. 1039. DEFINITIONS.
In this Act:
(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 (42
U.S.C. 3750 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) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 901 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791).
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of a State,
unit of local government, or Indian tribe authorized by law or
by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law.
(4) 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 (42 U.S.C. 3791).
(5) Use of force.--The term ``use of force'' includes the
use of a firearm, Taser, explosive device, chemical agent (such
as pepper spray), baton, impact projectile, blunt instrument,
hand, fist, foot, canine, or vehicle against an individual.
SEC. 1040. USE OF FORCE REPORTING.
(a) Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year
beginning 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 shooting of
a civilian by a law enforcement officer who is
employed--
(I) in the case of an Indian tribe,
by the Indian tribe; or
(II) in the case of a State, by the
State or by a unit of local government
in the State;
(ii) any incident involving the shooting of
a law enforcement officer described in clause
(i) by a civilian; and
(iii) any incident in which use of force by
or against a law enforcement officer described
in clause (i) occurs, which is not reported
under clause (i) or (ii);
(B) establish a system and a set of policies to
ensure that all use of force incidents are reported by
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, physical disability, mental
disability, English language proficiency,
housing status, and school status of each
civilian against whom a law enforcement officer
used force;
(ii) the date, time, and location,
including 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 law enforcement officer involved
in the incident;
(IV) the efforts by 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 is not required to include in a
report under subsection (a)(1) an incident reported by
the State in accordance with section 20104(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 13704(a)(2)).
(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 and 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 open-
source data records, 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.
(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, including the term ``use of force'' which is consistent with the
definition of such term in section 2.
SEC. 1041. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM.
(a) 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 located in a State or Indian tribe that receives
funds under a Byrne grant program;
(2) employ not more that 100 law enforcement officers;
(3) demonstrate that the use of force policy for law
enforcement officers employed by the law enforcement agency is
publicly available; and
(4) establish and maintain a reporting system that may be
used by members of the public to report incidents of use of
force to the law enforcement agency.
(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 3;
(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 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. 1042. 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 Act
to determine whether each State or Indian tribe described in section
3(a)(1) is in compliance with the requirements of this Act.
(b) Consistency in Data Reporting.--
(1) In general.--Any data reported under this Act shall be
collected and reported in a manner consistent with existing
programs of the Department of Justice that collect data on law
enforcement officer encounters with civilians.
(2) Guidelines.--The Attorney General shall--
(A) issue guidelines on the reporting requirement
under section 3; and
(B) seek public comment before finalizing the
guidelines required under subparagraph (A).
SEC. 1043. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this Act.
SEC. 1044. 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 local and
Federal 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) According to public reports, approximately 12,000
police organizations across the country were able to procure
nearly $500,000,000 worth of excess military merchandise
including firearms, computers, helicopters, clothing, and other
products, at no charge during fiscal year 2011 alone.
(6) More than $4,000,000,000 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) 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 citizens
and taxpayers could be harmed.
(10) Pursuant to section III(J) of a Defense Logistics
Agency memorandum of understanding, property obtained through
the program must be placed into use within one year of receipt,
possibly providing an incentive for the unnecessary and
potentially dangerous use of ``military grade'' equipment by
local law enforcement.
(11) 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.
SEC. 1045. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL
PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES.
(a) In General.--Section 2576a of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counterdrug,
counterterrorism,'' and inserting ``counterterrorism'';
and
(B) in paragraph (2), by striking ``, the Director
of National Drug Control Policy,'';
(2) in subsection (b)--
(A) in each of paragraphs (4) and (5), by striking
``and'' at the end;
(B) in paragraph (6), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(7) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property;
``(8) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(9) 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; and
``(10) 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.'';
(3) by striking subsection (d);
(4) by redesignating subsections (e) and (f) as subsections
(m) and (n), respectively; and
(5) 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 Stop Militarizing Law
Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot 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
the following personal property of the Department of Defense under this
section:
``(A) Controlled firearms, ammunition, grenades (including
stun and flash-bang) and explosives.
``(B) Controlled vehicles, highly mobile multi-wheeled
vehicles, mine-resistant ambush-protected vehicles, trucks,
truck dump, truck utility, and truck carryall.
``(C) Drones that are armored, weaponized, or both.
``(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;
``(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 never 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.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any transfer of property made after the date of
the enactment of this Act.
SEC. 1046. FINDINGS.
Congress finds the following:
(1) There is a lack of reliable data and information on the
amount and types of weapons and equipment that law enforcement
agencies purchase using Federal funding, and the use and
deployment of those weapons and equipment.
(2) The Federal Government lacks reliable data and
information about the number, composition, and deployment of
Special Weapons and Tactics teams (referred to in this section
as ``SWAT teams'').
(3) According to estimates, the percentage of small towns
in the United States that had SWAT teams grew from 20 percent
in the 1980s to 80 percent in the mid-2000s.
(4) According to estimates, the number of SWAT team raids
per year grew from 3,000 in the 1980s to 45,000 in the mid-
2000s.
(5) The majority of SWAT team deployments are for the
purpose of executing a warrant.
(6) In 2014, the Federal Government provided more than
$2,000,000,000 in grants and equipment to law enforcement
agencies.
(7) In 2013 and 2014, the Department of Defense provided
excess Mine Resistant Ambush Protected vehicles (referred to in
this section as ``MRAPs'') to 624 local law enforcement
agencies for free.
(8) MRAPs can weigh up to 17 tons and cost up to $600,000,
and are known to damage road surfaces due to their weight.
(9) State and local governments that are responsible for
oversight of their law enforcement agencies are not always
aware of equipment and grant funding that the law enforcement
agencies obtain from the Federal Government.
SEC. 1047. TASK FORCE TO ASSIST FEDERAL OFFICIALS IN DETERMINING
APPROPRIATENESS OF ITEMS FOR USE BY LAW ENFORCEMENT.
(a) In General.--The Administrator of the Federal Emergency
Management Agency, the Director of the Defense Logistics Agency, and
the Attorney General shall jointly appoint a task force to assist each
such official in discharging certain functions as required under--
(1) section 2009 of the Homeland Security Act of 2002, as
added by section 5;
(2) section 2576a of title 10, United States Code, as added
by section 6; and
(3) section 509 of the Omnibus Crime Control and Safe
Streets Act of 1968, as added by section 7.
(b) Members.--The task force appointed under this section shall
include the following:
(1) One representative from a law enforcement agency within
the Department of Homeland Security.
(2) An individual appointed under section 2009(h)(2) of the
Homeland Security Act of 2002, as added by section 5.
(3) In consultation with the Director of the Federal Bureau
of Investigation, 1 representative from the Federal Bureau of
Investigation or the FBI Academy.
(4) An individual employed by the Defense Logistics Agency
pursuant to section 2576a(e)(2) of title 10, United States
Code, as added by section 6.
(5) An individual appointed under section 509(h)(1)(B) of
the Omnibus Crime Control and Safe Streets Act of 1968, as
added by section 7.
(6) One representative of each of the Fraternal Order of
Police, the National Tactical Officers Association, the
International Association of Bomb Technicians and
Investigators, the National Bomb Squad Commanders Advisory
Board, the Airborne Law Enforcement Association, the
International Association of Chiefs of Police, the National
Sheriffs Association, the National Governors Association, and
the United States Conference of Mayors.
(7) An individual unaffiliated with an organization
specified in paragraph (6) who has a doctoral or masters degree
in criminology or criminal justice and a demonstrated expertise
in police tactics.
(8) One or more individuals from an organization or
organizations whose mission is related to the protection of
civil rights and liberties, including the American Civil
Liberties Union, the Center for Constitutional Rights, the
Lawyers Committee for Civil Rights Under Law, the Leadership
Conference on Civil and Human Rights, the National Association
for the Advancement of Colored People, the NAACP Legal Defense
and Educational Fund, Inc., the National Urban League, and the
Rainbow PUSH Coalition, selected by the Administrator in
consultation with the head of such organization.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for the activities of the task force appointed under this
section $1,000,000 for each of fiscal years 2015, 2016, and 2017.
SEC. 1048. URBAN AREAS SECURITY INITIATIVE AND STATE HOMELAND SECURITY
GRANT PROGRAM.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.) is amended by adding at the end the
following:
``SEC. 2009. USE OF FUNDS BY LAW ENFORCEMENT.
``(a) Definitions.--In this section--
``(1) the term `Authorized Equipment List' means the
Authorized Equipment List published by the Grant Programs
Directorate of the Federal Emergency Management Agency;
``(2) the term `covered funds' means funds awarded under
section 2003 or 2004;
``(3) the term `law enforcement agency'--
``(A) means an agency or entity with law
enforcement officers--
``(i) who have arrest and apprehension
authority; and
``(ii) whose primary function is to enforce
the laws;
``(B) includes a local educational agency with
officers described in subparagraph (A); and
``(C) does not include a firefighting agency or
entity;
``(4) the term `law enforcement council' means a consortium
of law enforcement agencies operating in a partnership within a
region to promote and enhance public safety;
``(5) the term `law enforcement equipment list' means the
list of items designated by the Administrator under subsection
(b)(1)(B);
``(6) the term `local educational agency' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9));
``(7) the term `prohibited item' means an item that is not
on the law enforcement equipment list;
``(8) the term `restricted item' means--
``(A) tactical law enforcement ballistic protection
equipment, including body armor, a ballistic helmet, a
ballistic shield, a battle dress uniform, or camouflage
uniforms or clothing;
``(B) a remotely piloted aerial vehicle;
``(C) a tactical military vehicle;
``(D) facial recognition software;
``(E) watercraft; or
``(F) manned aircraft;
``(9) the term `SWAT team' means a Special Weapons and
Tactics team or other specialized tactical team composed of
sworn law enforcement officers; and
``(10) the term `tactical military vehicle' means an
armored vehicle having military characteristics resulting from
military research and development processes, designed primarily
for use by forces in the field in direct connection with, or
support of, combat or tactical operations.
``(b) Assessment of Authorized Equipment List; Designation of
Approved Items.--
``(1) In general.--The Administrator shall, in consultation
with the task force appointed under section 4 of the Protecting
Communities and Police Act of 2015--
``(A) as soon as practicable after the date of
enactment of the Protecting Communities and Police Act
of 2015, assess the appropriateness of items on the
Authorized Equipment List for use by law enforcement
agencies in counterterrorism activities;
``(B) not later than 3 years after the date of
enactment of the Protecting Communities and Police Act
of 2015, based on the assessment conducted under
subparagraph (A) and in accordance with the procedures
required under paragraph (2), designate a list of
items, which may include restricted items, that may be
purchased using covered funds for use by a law
enforcement agency; and
``(C) not less frequently than once every 5 years,
review and revise, as appropriate, the list of items
designated under subparagraph (B).
``(2) Publication.--The Administrator shall publish the law
enforcement equipment list on the website of the Department and
in the Federal Register.
``(3) Prohibited items.--
``(A) In general.--Except as provided in
subparagraph (B), a law enforcement agency may not--
``(i) use covered funds to purchase a
prohibited item; or
``(ii) receive a prohibited item that was
purchased using covered funds.
``(B) Exception for threats to national security.--
A law enforcement agency may purchase a prohibited item
using covered funds, or receive a prohibited item that
was purchased using covered funds, if--
``(i) the Administrator determines that the
prohibited item will be useful in preventing or
mitigating damage resulting from a threat to
national security;
``(ii) the law enforcement agency has in
place an agreement with the National Guard of
the State in which the law enforcement agency
is located for the storage of the prohibited
item at a National Guard site; and
``(iii) the law enforcement agency provides
a copy of the agreement described in clause
(ii) to the Administrator.
``(4) Reports to congress on expected publication of final
law enforcement equipment list.--Beginning in the third full
fiscal year after the date of enactment of the Protecting
Communities and Police Act of 2015, the Administrator shall
submit to Congress a monthly report on the expected date of
publication of the final law enforcement equipment list.
``(5) Authority to make grants contingent on publication of
final list.--Beginning in the fifth full fiscal year after the
date of enactment of the Protecting Communities and Police Act
of 2015, the Administrator shall withhold from a grant awarded
under section 2003 or 2004 any amounts that are intended for
use by a law enforcement agency unless the Administrator has
published a final law enforcement equipment list.
``(c) Other Restrictions and Limitations on Use of Covered Funds.--
``(1) Restricted items purchased using covered funds.--
``(A) Requirements.--A law enforcement agency may
not receive or use covered funds for the purchase of a
restricted item, or receive a restricted item purchased
using covered funds, unless the law enforcement
agency--
``(i) except as provided in subparagraph
(B), publishes a needs justification
statement--
``(I) that, except as provided in
subclause (II), includes the
information required under subparagraph
(D) if that information is not
otherwise publicly available; and
``(II) from which the law
enforcement agency may redact--
``(aa) the information
required under clause (x) or
(xi) of subparagraph (D); and
``(bb) with respect to the
training records required under
clause (vi), any personally
identifiable information and
all but the title and subject
of such training;
``(ii) obtains the approval of the head of
the State, political subdivision of a State, or
Indian tribe of which the law enforcement
agency is an agency to obtain the restricted
items; and
``(iii) submits the needs justification
statement, including all information required
under subparagraph (D), to the State, high-risk
urban area, or directly eligible tribe from
which the law enforcement agency is to receive
the covered funds or restricted item.
``(B) Ongoing operations.--The requirements under
subparagraph (A) shall not apply to a law enforcement
agency that obtains a restricted item that was
purchased using covered funds to be used in an active,
ongoing counterterrorism operation.
``(C) Notification to administrator regarding
approval of certain applications.--If an official other
than the Administrator approves an application for a
grant under section 2003 or 2004 that proposes to use
funds for the purchase of a restricted item, the
official shall notify the Administrator of the approval
before distributing those funds.
``(D) Needs justification statements.--A needs
justification statement of a law enforcement agency
shall include the following:
``(i) The type and number of restricted
items proposed to be purchased on behalf of, or
distributed to, the law enforcement agency.
``(ii) The number of sworn law enforcement
officers of the law enforcement agency.
``(iii) The number, if any, of items
similar to the restricted item that the law
enforcement agency has in good working
condition.
``(iv) The number and type of items, if
any, that the law enforcement agency has that
were--
``(I) transferred to the law
enforcement agency under section 2576a
of title 10, United States Code; or
``(II) purchased using funds from
the Edward Byrne Memorial Justice
Assistance Grant Program 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.) during
the 5-year period preceding the date on
which the statement is published.
``(v) The use of force policy of the law
enforcement agency.
``(vi) Whether the law enforcement agency
intends for a SWAT team to use the restricted
item, and, if so, the training records of the
SWAT team, including the course outlines of
such training.
``(vii) Whether the law enforcement agency
has or plans to adopt a memorandum of
understanding or other joint use agreement for
the shared use of the restricted item with any
other law enforcement agency.
``(viii) The capability gap to be filled by
the restricted item, and a description of the
proposed use of the restricted item by the law
enforcement agency.
``(ix) Whether a consent decree is in
effect between the United States and the law
enforcement agency relating to civil rights
abuses or excessive use of force.
``(x) Whether the law enforcement agency is
currently under investigation, or has been
under investigation during the preceding 10
years, by the Department of Justice, an
inspector general, or any equivalent State or
local entity for civil rights abuses or
excessive use of force.
``(xi) Whether the head of the law
enforcement agency has ever been determined by
the Department of Justice, an inspector
general, or any equivalent State or local
entity to have engaged in civil rights abuses
or excessive use of force, if such information
is publicly available.
``(xii)(I) Whether the law enforcement
agency requested funds from a regional, State,
or local political entity to purchase the
requested item;
``(II) if the law enforcement agency
requested funds from a regional, State, or
local political entity and the request was
denied, a statement of the reason or reasons
for the denial; and
``(III) if the law enforcement agency did
not request funds from a regional, State, or
local political entity, a statement explaining
why the law enforcement agency did not do so.
``(xiii) A certification that any item on
the law enforcement equipment list purchased
using covered funds has not been, and will not
be, used by a SWAT team of the law enforcement
agency engaging in routine patrol-related
incidents, non-tactical incidents, or non-
tactical assignments.
``(xiv) Any other information on the recent
record of the law enforcement agency regarding
civil rights and the excessive use of force
that the Administrator determines appropriate.
``(2) Restrictions on small agencies.--
``(A) Tactical military vehicles.--A law
enforcement agency with 10 or fewer sworn law
enforcement officers--
``(i) that has 1 or more functioning
tactical military vehicles may not--
``(I) use covered funds for the
purchase of a tactical military
vehicle; or
``(II) receive a tactical military
vehicle purchased using covered funds;
``(ii) that does not have a functioning
tactical military vehicle may--
``(I) use covered funds for the
purchase of not more than 1 tactical
military vehicle; or
``(II) receive not more than 1
tactical military vehicle purchased
using covered funds; or
``(iii) that is the designated procurement
agency for a multi-jurisdictional joint-use
agreement may use covered funds for the
purchase of more than 1 tactical military
vehicle, or receive more than 1 tactical
military vehicle purchased using covered funds,
if agency purchases or receives not more than 1
tactical military vehicle for every 10 sworn
law enforcement officers covered by the joint-
use agreement.
``(B) Limitation on use of covered funds by small
swat teams.--A law enforcement agency may not use
covered funds to purchase a restricted item, or receive
a restricted item purchased using covered funds, for
use by a SWAT team--
``(i) composed of fewer than 17 sworn law
enforcement officers;
``(ii) composed entirely of members from a
single law enforcement agency that has fewer
than 35 sworn law enforcement officers;
``(iii) composed of members from 2 or more
law enforcement agencies that have, in
aggregate, fewer than 35 sworn law enforcement
officers; or
``(iv) in a routine patrol-related
incident, non-tactical incident, or non-
tactical assignment.
``(3) Transportation costs.--Covered funds may not be used
to pay the cost of transporting an eligible defense item
transferred to a law enforcement agency under section 2576a of
title 10, United States Code.
``(4) Agencies under consent decrees or civil rights
investigations.--A law enforcement agency for which a consent
decree is in effect between the United States and the law
enforcement agency, or that is under investigation by the
Department of Justice, relating to civil rights abuses or
excessive use of force may not--
``(A) use covered funds to purchase a restricted
item; or
``(B) receive a restricted item that was purchased
using covered funds.
``(d) Training and Certification.--
``(1) State certification of law enforcement instructors on
law enforcement tactics and the use of restricted items.--
``(A) In general.--On and after the date that is 3
years after the date of enactment of the Protecting
Communities and Police Act of 2015, a State, any
jurisdiction within the State, and any directly
eligible tribe any part of which is located within the
State, may not receive covered funds for use by a law
enforcement agency to purchase a restricted item unless
the Governor or highest official of the State certifies
to the Administrator that the State conducts a program
for certifying law enforcement instructors in the
provision of training on law enforcement tactics and
investigations that meets the requirements under
subparagraph (B).
``(B) Program requirements.--The requirements for a
program described in subparagraph (A) are the
following:
``(i) The program shall include instruction
in training on the following:
``(I) The use of force by law
enforcement officers in the ordinary
course of their duties.
``(II) The use of restricted items
by law enforcement officers in the
ordinary course of their duties.
``(III) The use of restricted items
by SWAT teams.
``(IV) The appropriate deployment
of SWAT teams.
``(V) Civil rights and civil
liberties.
``(VI) Any other matters on the
training of law enforcement officers
that the head of the State law
enforcement agency considers
appropriate.
``(ii) A list of the instructors who are
certified pursuant to the program or pursuant
to the program conducted by the Secretary under
section 2010 shall be maintained and published.
``(C) Discharge through existing programs.--A State
may satisfy the requirement under subparagraph (A)
using a program in effect on the date that is 3 years
after the date of the enactment of the Protecting
Communities and Police Act of 2015 if such program
satisfies the requirements in subparagraph (B).
``(2) Minimum annual training requirements.--
``(A) Establishment.--On and after the date that is
3 years after the date of enactment of the Protecting
Communities and Police Act of 2015, a State, any
jurisdiction within the State, and any directly
eligible tribe any part of which is located within the
State, may not receive covered funds, or equipment
purchased using covered funds, unless the State
establishes minimum annual training requirements for
all sworn law enforcement officers in the State,
including--
``(i) specialized leadership training
requirements for heads of law enforcement
agencies who have--
``(I) decisionmaking authority on
the deployment of SWAT teams and
tactical military vehicles; or
``(II) responsibility for drafting
policies on the use of force and SWAT
team deployment;
``(ii) specialized SWAT team training
requirements for all SWAT team members in law
enforcement tactics used in tactical
operations;
``(iii) training in the appropriate use and
deployment of tactical military vehicles; and
``(iv) not less than 1 training session on
sensitivity, including training on ethnic and
racial bias, cultural diversity, and law
enforcement interaction with disabled
individuals, mentally ill individuals, and new
immigrants.
``(B) Federally certified or state-certified
instructors.--The training requirements established by
a State under subparagraph (A) may only be satisfied
through training conducted by an instructor certified
under--
``(i) the program conducted by the
Secretary under section 2010; or
``(ii) a program conducted by a State under
paragraph (1).
``(C) Certification of completed training.--On and
after the date that is 1 year after the date on which a
program is established under paragraph (1), a law
enforcement agency may not directly or indirectly
receive covered funds, or receive equipment purchased
using covered funds, unless the law enforcement agency
certifies to the entity from which the law enforcement
agency is seeking funds or equipment that, during the
preceding year, each sworn law enforcement officer
employed by the law enforcement agency met all
applicable minimum annual training requirements
established by the State in which the law enforcement
agency is located under subparagraph (A) of this
paragraph, including specialized SWAT team training
requirements.
``(D) False certification.--The Administrator shall
suspend or terminate the eligibility of a law
enforcement agency to directly or indirectly receive
covered funds, or receive equipment purchased using
covered funds, if the law enforcement agency
intentionally submits a false certification under
subparagraph (C) that a law enforcement officer met the
minimum annual training requirements established by the
State in which the agency is located under subparagraph
(A).
``(E) Satisfaction by recent hirees.--The
requirements under subparagraph (A) shall provide for
the first completion of the training concerned by an
individual who becomes an officer in a law enforcement
agency or a member of a SWAT team by not later than 1
year after the date on which the individual becomes an
officer in the law enforcement agency or a member of a
SWAT team, as applicable.
``(e) Reporting Requirements.--
``(1) Annual reports by administrator.--The Administrator
shall make public and submit to Congress and the Attorney
General--
``(A) an annual report on the purchase by law
enforcement agencies of restricted items purchased
using covered funds; and
``(B) an annual report on the purchase and use by
law enforcement agencies of tactical military vehicles
and remotely piloted aerial vehicles purchased using
covered funds.
``(2) Grant applicants and recipients.--
``(A) List of equipment purchased.--As a condition
of receiving a grant under section 2003 or 2004, a
State, high-risk urban area, or directly eligible tribe
shall submit to the Administrator, as part of the
report submitted under section 2022(b)(1)(A) relating
to the last quarter of any fiscal year, a description
of the quantity and specific type of equipment
purchased by the recipient and any subgrantee of the
recipient using covered funds.
``(B) Agencies with special equipment.--As a
condition of receiving a grant under section 2003 or
2004, a State, high-risk urban area, or directly
eligible tribe shall submit to the Administrator a
report that describes, for each law enforcement agency
that purchased a restricted item using covered funds
made available by the State, high-risk urban area, or
directly eligible tribe, or received a restricted item
that the State, high-risk urban area, or directly
eligible tribe purchased using covered funds--
``(i) the needs justification statement
that the law enforcement agency submitted to
the State, high-risk urban area, or directly
eligible tribe with respect to the restricted
item under subsection (c)(1)(A)(iii); and
``(ii) the number and types of restricted
items that the law enforcement agency purchased
or received.
``(C) SWAT team deployment records.--A law
enforcement agency that uses covered funds to purchase
a tactical military vehicle, or receives a tactical
military vehicle purchased using covered funds, for use
by a SWAT team shall maintain a record of each
deployment of the tactical military vehicle by the SWAT
team, which shall include--
``(i) the type of police activity for which
the tactical military vehicle is deployed;
``(ii) the rationale for the deployment;
``(iii) the nexus between--
``(I) the use of force policy and
SWAT team policy of the law enforcement
agency, if applicable; and
``(II) the police activity for
which the tactical military vehicle is
deployed; and
``(iv) a description, written after the
deployment, of whether force or weapons were
used by or against the law enforcement officers
deploying the tactical military vehicle.
``(f) Whistleblower and Independent Oversight Requirements.--
``(1) Whistleblower requirements.--On or after the date
that is 3 years after the date of enactment of the Protecting
Communities and Police Act of 2015, a State, any jurisdiction
within the State, and any directly eligible tribe any part of
which is located within the State, may not directly or
indirectly receive covered funds for the purchase of a
restricted item unless the Governor or highest officer of the
State certifies to the Administrator that the State--
``(A) has in place--
``(i) a program, including a public
complaint hotline, that provides individuals
the ability to disclose any--
``(I) misuse of equipment purchased
using covered funds; or
``(II) other waste, fraud, or abuse
in connection with the use of covered
funds; and
``(ii) mechanisms (commonly referred to as
`whistleblower protections') to protect
individuals who make a disclosure described in
clause (i) from retaliatory or other adverse
personnel actions in connection with such
disclosures; and
``(B) publicizes the existence of the program and
whistleblower protections described in subparagraph
(A).
``(2) Certification of oversight and accountability.--
``(A) Certification required.--A law enforcement
agency may not receive a restricted item purchased
using covered funds, or directly or indirectly receive
covered funds to purchase a restricted item, unless the
head of the law enforcement agency submits to the
Administrator a written certification (in the form of a
memorandum of understanding, memorandum of agreement,
or letterhead correspondence) that an entity that does
not report to the head of the law enforcement agency is
authorized--
``(i) to receive any complaints regarding
the use of any equipment and funds of the law
enforcement agency;
``(ii) to periodically review and assess
the use of such equipment and funds by the law
enforcement agency; and
``(iii) to make recommendations to the law
enforcement agency regarding the use of such
equipment and funds by the law enforcement
agency that are either--
``(I) non-binding in character; or
``(II) binding in character, if
authorized by--
``(aa) a law or ordinance
governing the law enforcement
agency or the entity; or
``(bb) an agreement between
the law enforcement agency and
organizations representing law
enforcement officers of the law
enforcement agency.
``(B) Discharge through existing entities.--A law
enforcement agency may satisfy the requirement in
subparagraph (A) through an entity that exists as of
the date of the enactment of the Protecting Communities
and Police Act of 2015, including an independent review
board, a Federal, State, or local inspector general, a
Federal, State, county, or city attorney general, a
district attorney, the Federal Bureau of Investigation
or another Federal agency, a State agency, a State or
local governing body (such as a city council or county
commission), a law enforcement council, or an
independent entity established by one or more such
officials, agencies, or entities on behalf of one or
more law enforcement agencies.
``(g) Suspension and Termination.--
``(1) For lost or stolen items.--As a condition of
receiving a grant under section 2003 or 2004, a State, high-
risk urban area, or directly eligible tribe shall implement
procedures under which, if a restricted item that was purchased
using covered funds and is in the possession of a law
enforcement agency is lost, stolen, or misappropriated--
``(A) on the first occurrence, and after the law
enforcement agency is provided with notice and the
opportunity to contest the allegation, the eligibility
of the law enforcement agency to receive covered funds
to purchase a restricted item, or to receive a
restricted item purchased using covered funds, shall be
suspended for a period of not less than 6 months; and
``(B) on the subsequent occurrence, and after the
law enforcement agency is provided with notice and the
opportunity to contest the allegation, the eligibility
of the law enforcement agency to receive covered funds
or receive a restricted item purchased using covered
funds shall be suspended for a period of not less than
5 years.
``(2) Intentional falsification of information.--As a
condition of receiving a grant under section 2003 or 2004, a
State, high-risk urban area, or directly eligible tribe shall
implement procedures under which the eligibility of a law
enforcement agency to receive covered funds, or to receive a
restricted item purchased using covered funds, shall, if the
law enforcement agency is determined to have intentionally
falsified any information relating to the purchase or receipt
of a restricted item, and after the law enforcement agency is
provided with notice and the opportunity to contest the
allegation, be suspended for a period of not less than 5 years.
``(3) Disclosure to administrator.--Each State, high-risk
urban area, or directly eligible tribe that receives a grant
under section 2003 or 2004 shall submit to the Administrator an
annual report that describes each law enforcement agency that
is ineligible, due to a suspension or termination under
paragraph (1) or (2), to receive covered funds to purchase a
restricted item, or to receive a restricted item purchased
using covered funds.
``(h) Law Enforcement Expertise.--
``(1) Definition.--In this subsection, the term `covered
grant application' means a grant application under section 2003
or 2004 that proposes to--
``(A) use funds for the purchase of a restricted
item for use by a law enforcement agency; or
``(B) provide funds to a law enforcement agency for
the purchase of a restricted item.
``(2) Appointment.--The Administrator shall appoint
individuals with expertise in State, county, or local law
enforcement agency functions to assist the Administrator in--
``(A) determining which items are appropriate for
inclusion on the law enforcement equipment list; and
``(B) assessing covered grant applications.
``(3) Number of individuals.--The Administrator shall
appoint as many individuals under paragraph (2) as necessary to
ensure that--
``(A) not less that 1 such individual assesses each
covered grant application; and
``(B) the involvement of such individuals in the
process of assessing covered grant applications does
not substantially delay the process.
``(4) Managerial experience preferred.--In appointing
individuals under paragraph (2), the Administrator shall give
preference to individuals with law enforcement managerial
experience.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-96;
116 Stat. 2135) is amended by inserting after the item relating to
section 2008 the following:
``Sec. 2009. Use of funds by law enforcement.''.
SEC. 1049. MODIFICATION OF AUTHORITY TO TRANSFER DEPARTMENT OF DEFENSE
PROPERTY FOR LAW ENFORCEMENT ACTIVITIES.
(a) Restatement and Modification of Current Authority for Transfer
for State and Local Law Enforcement Activities.--Section 2576a of title
10, United States Code, is amended to read as follows:
``Sec. 2576a. Excess personal property: sale or donation of certain
controlled defense items for State or local law
enforcement activities
``(a) Transfer Authorized.--Notwithstanding any other provision of
law and subject to the provisions of this section, the Secretary of
Defense may transfer to State and local law enforcement agencies for
law enforcement activities controlled defense items of the Department
of Defense, including small arms and ammunition, that are determined in
accordance with subsection (f) to be eligible defense items for
purposes of this section.
``(b) No Transfer of Items Requested by Federal Agencies.--An item
may not be transferred under this section if requested for transfer by
a Federal agency under section 2576b of this title.
``(c) Conditions for Transfer.--The Secretary of Defense may
transfer items under this section only if--
``(1) the items are drawn from existing stocks of the
Department of Defense;
``(2) the recipient accepts the items on an as-is, where-is
basis;
``(3) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment;
``(4) all costs incurred subsequent to the transfer of the
items are borne or reimbursed by the recipient; and
``(5) the recipient agrees to comply with any inventory,
accountability, reporting, and disposal requirements prescribed
in the regulations for purposes of this section under
subsection (g).
``(d) Consideration.--Subject to subsection (c)(4), the Secretary
of Defense may transfer items under this section without charge to the
recipient agency.
``(e) Assistance for Director of DLA in Discharge of Certain
Function by Experts in Law Enforcement Activities.--
``(1) In general.--The Director of the Defense Logistics
Agency shall employ in the Defense Logistics Agency individuals
with expertise in law enforcement to assist the Director in the
discharge of the functions specified in paragraph (2). The
Director shall ensure that the number of individuals so
employed is sufficient to ensure the timely assessment of
applications described in paragraph (2)(A) in order to ensure
that no delay occurs in the transfer of eligible defense items
under this section by reason of such assessments. The Director
shall accord a preference in the employment under this
paragraph of individuals with experience in law enforcement
management.
``(2) Functions.--Individuals employed under this
subsection shall assist the Director in the following:
``(A) The assessment of applications of State and
local law enforcement agencies for the transfer of
eligible defense items in accordance with subsection
(j)(3).
``(B) The determination whether controlled defense
items that are not eligible for treatment as eligible
defense items under this section will be useful in
preventing or mitigating damage resulting from an
actionable threat to national security for purposes of
subsection (h)(1).
``(f) Determination and Notice to Public on Eligible Defense
Items.--
``(1) Controlled defense items appropriate for treatment as
eligible defense items.--The Secretary of Defense shall, acting
through the Director of the Defense Logistics Agency, maintain,
and periodically update, a list of current controlled defense
items that are appropriate for treatment as eligible defense
items for purposes of this section.
``(2) Determination of controlled defense items as eligible
defense items.--The Director shall, in consultation with the
task force appointed pursuant to section 4 of the Protecting
Communities and Police Act of 2015 and in accordance with the
regulations for purposes of this section under subsection (g),
identify controlled defense items that are appropriate for
treatment as eligible defense items for purposes of this
section by identifying controlled defense items that--
``(A) can be readily put to civilian use by State
and local law enforcement agencies; and
``(B) are suitable for transfer to State and local
law enforcement agencies pursuant to this section.
``(3) Availability to public of eligible defense items
list.--Upon a determination pursuant to paragraph (2) of
controlled defense items to be treated as eligible defense
items for purposes of this section, the Director shall make
available to the public, on an Internet website of the
Department of Defense available to the public, a list of all
controlled defense items currently treated as eligible defense
items for purposes of this section. The Internet website may be
a current website of the Department or a website of the
Department established and maintained for purposes of this
section.
``(g) Requirements and Limitations on Determinations of Controlled
Defense Items as Eligible Defense Items.--
``(1) Regulations.--
``(A) Regulations required.--The determination
under subsection (f)(2) whether a controlled defense
item is an eligible defense item for purposes of this
section shall be made in accordance with criteria and
requirements set forth in regulations prescribed by the
Director of the Defense Logistics Agency, in
consultation with the task force appointed pursuant to
section 4 of the Protecting Communities and Police Act
of 2015. Public notice and comment shall not be
required in connection with any such determination
unless otherwise required by such regulations.
``(B) Periodic review required.--The Director
shall, in consultation with the task force, review and
revise the regulations for purposes of this section not
less often than once every five years.
``(C) Manner of prescription.--In prescribing or
revising regulations under this paragraph, the Director
shall publish a written statement from the task force
on the extent of its approval of such regulations as so
prescribed or revised.
``(D) Technological advances.--The Director may, in
consultation with the task force, update the
regulations for purposes of this section without regard
to formal rulemaking requirements if necessary to
respond to technological advances and the development
of new models of items on the list of controlled
defense items determined by the Director under
subsection (f)(2) to be eligible defense items for
purposes of this section. In so updating the
regulations, the Director shall publish a written
statement on the extent of the approval of the task
force of the regulations as so revised.
``(2) Authorized elements.--The regulations for purposes of
this section may include the following:
``(A) Tiers of eligibility of State or local law
enforcement agencies for transfers of eligible defense
items based on types of items, need of law enforcement
agencies for particular items, size and capabilities of
law enforcement agencies, or such other factors as the
Director, in consultation with the task force referred
to in paragraph (1)(B), may specify in the regulations.
``(B) Restrictions on the numbers or types of
eligible defense items that may be transferred to a
particular State or local law enforcement agency,
within a particular period of time, to law enforcement
agencies in a particular region, or such other factors
as the Director, in consultation with the task force,
may specify in regulations.
``(C) Restrictions on the use of particular
eligible defense items by State or local law
enforcement agencies based on size, capability, or such
other factors the Director, in consultation with the
task force, may specify in the regulations.
``(D) Such inventory, accountability, reporting,
and disposal requirements regarding eligible defense
items transferred under this section as the Director,
in consultation with the task force, considers
appropriate.
``(E) Requirements for memoranda of understanding
or other appropriate agreements in the case of joint
use of eligible defense items transferred under this
section by more than one State or local law enforcement
agency.
``(3) Prohibition on treatment of certain items as eligible
defense items.--The regulations for purposes of this section
shall prohibit the treatment as eligible defense items for
purposes of this section of the following:
``(A) Mine Resistant Ambush Protected (MRAP)
vehicles.
``(B) Remotely piloted aircraft that are armored,
weaponized, or both.
``(C) Aircraft that are combat configured or combat
coded or have no established commercial flight
application.
``(D) Bayonets.
``(E) Tasers developed primarily for use by the
military.
``(F) Any controlled defense item that cannot be
purchased by State or local law enforcement agencies in
the private sector.
``(G) Any other controlled defense item determined
by the Director to be unsuitable for use by State or
local law enforcement agencies.
``(4) Approval required before transfer of certain items.--
``(A) In general.--If any item specified in
subparagraph (B) is an eligible defense item for
purposes of this section, such item may not be
transferred under this section without the approval of
the Director, in consultation with an individual
employed pursuant to subsection (e).
``(B) Items.--The items specified in this
subparagraph are the following:
``(i) Weapons over .50 caliber.
``(ii) Grenades, flash bang grenades,
grenade launchers, and grenade launcher
attachments.
``(iii) Tactical military vehicles.
``(5) Limitations on transfer of tactical military vehicles
to small law enforcement agencies.--The regulations for
purposes of this section shall limit the transfer of tactical
military vehicles to a State or local law enforcement agency
with 10 or fewer sworn law enforcement officers as follows:
``(A) If the law enforcement agency has one or more
functioning tactical military vehicles, a tactical
military vehicle may not be transferred to the agency.
``(B) If the law enforcement agency does not have a
functioning tactical military vehicle, not more than
one tactical military vehicle may be transferred to the
agency.
``(C) If the law enforcement agency is the
designated procurement agency for a multi-
jurisdictional joint-use agreement, not more than 1
tactical military vehicle may be transferred to the
agency for every 10 sworn law enforcement officers
covered by the joint-use agreement.
``(6) Limitation on transfer of camouflage uniforms or
clothing.--The regulations for purposes of this section shall
prohibit the transfer of camouflage uniforms or clothing to a
State or law enforcement agency unless the law enforcement
agency certifies that its geographic area of jurisdiction
contains environments that may require the use of camouflage
uniforms or clothing.
``(7) Prohibitions on transfer of items for use by small
swat teams.--The regulations for purposes of this section shall
prohibit the transfer of eligible defense items under this
section for use by any SWAT team as follows:
``(A) A SWAT team composed of fewer than 17 sworn
law enforcement officers.
``(B) A SWAT team composed entirely of members from
a single State or local law enforcement agency that has
fewer than 35 sworn law enforcement officers.
``(C) A SWAT team composed of members from 2 or
more State or local law enforcement agencies which
agencies have, in aggregate, fewer than 35 sworn law
enforcement officers.
``(8) Prohibition on transfer of certain items to law
enforcement agencies under consent decrees.--
``(A) In general.--The regulations for purposes of
this section shall prohibit the transfer of items
specified in subparagraph (B) to a State or local law
enforcement agency for which a consent decree is in
effect between the United States and the law
enforcement agency, or that is under investigation by
the Department of Justice, relating to civil rights
abuses or excessive use of force.
``(B) Items.--The items specified in this
subparagraph are the following:
``(i) Weapons.
``(ii) Tactical military vehicles.
``(9) Transfer to local education agencies.--
``(A) Prohibition on transfer.--The regulations for
purposes of this section shall prohibit the transfer of
eligible defense items to any local educational agency
or law enforcement agency affiliated with a local
educational agency as follows:
``(i) A local educational agency that is
served by a State or local law enforcement
agency that--
``(I) is unaffiliated with the
local educational agency; and
``(II) has items or equipment
identical or similar to the eligible
defense items otherwise to be
transferred.
``(ii) A local educational agency that is
served by one or more State or local law
enforcement agencies that are unaffiliated with
the local educational agency if no such serving
agency will agree to store and maintain the
eligible defense items for the local
educational agency.
``(B) Limitation on use of funds.--The regulations
for purposes of this section shall provide that a local
educational agency transferred an eligible defense item
under this section may not use funds of the local
educational agency--
``(i) to transport the item to the district
of the local educational agency; or
``(ii) to maintain the item.
``(10) Prohibition on requirement for timely use of
transferred items.--The regulations for purposes of this
section may not require the use of an eligible defense item
transferred under this section within one year of the receipt
of the item by the State or local law enforcement agency
concerned.
``(h) National Security Exception for Transfer of Certain
Controlled Defense Items Not Treatable as Eligible Defense Items.--
``(1) Threats to national security.--The regulations for
purposes of this section under subsection (g) shall permit the
transfer of a controlled defense item that is not treated as an
eligible defense item for purposes of this section if--
``(A) there is an actionable threat to national
security; and
``(B) the Director of the Defense Logistics Agency,
in consultation with individuals employed pursuant to
subsection (e), determines that the item will be useful
in preventing or mitigating damage resulting from the
threat described in subparagraph (A).
``(2) Update to list.--If an actionable threat to national
security justifies the transfer of a controlled defense item
under this subsection, the Director shall revise the
regulations for purposes of this section to treat the
controlled defense item as an eligible defense item for
purposes of this section as soon as practicable. A transfer of
a controlled defense item may occur in accordance with
paragraph (1) regardless of whether the update to the
regulations for purposes of this section has been made under
this paragraph at the time of transfer.
``(3) Applicability of other requirements.--If an
actionable threat to national security justifies the transfer
of a controlled defense item under this subsection, any
requirements, prohibitions, and limitations otherwise
applicable to the transfer of the item as an eligible defense
item under this section shall not apply to the transfer of the
item under this subsection.
``(4) Disposition of items after threat.--Upon the
cessation of the threat to national security for which a
controlled defense item is transferred under this subsection,
the State or local law enforcement agency receiving the item
shall--
``(A) arrange for the storage of the item with the
National Guard of the State concerned; or
``(B) if arrangements under subparagraph (A) cannot
be made, transfer the item to the Director.
``(i) Notice to Law Enforcement Agencies on Available Stocks of
Eligible Defense Items.--
``(1) DLA review and notice on dod stocks.--The Director of
the Defense Logistics Agency shall periodically review the
existing stocks of the Department of Defense in order to
identify the type and quantity, if any, of surplus stocks of
the Department of items that are currently treated as eligible
defense items for purposes of this section.
``(2) Notice to law enforcement agencies on available
stocks of items.--The Director shall make information on the
results of reviews under paragraph (1) available to the public
on the Internet website of the Department referred to in
subsection (f)(3).
``(j) Mechanisms of Transfer of Eligible Defense Items to Law
Enforcement Agencies.--
``(1) Application.--A State or local law enforcement agency
seeking transfer of eligible defense items pursuant to this
section shall submit an application therefore to the State
Coordinator for the State in which the law enforcement agency
is located. The application shall include a statement of the
need of the agency for the items and the information specified
in subsection (l).
``(2) State coordinator review.--A State Coordinator shall
review, and approve or disapprove, each application submitted
to the State Coordinator under paragraph (1). In determining
whether to approve or disapprove an application, a State
Coordinator shall apply all criteria applicable to the
application in the regulations for purposes of this section
under subsection (g). A State Coordinator shall transmit each
such application, whether approved or disapproved, to the
Director of the Defense Logistics Agency, together with the
information specified in subsection (l).
``(3) Director of dla review of approved applications.--The
Director shall review, and approve or disapprove, each
application transmitted to the Director pursuant to paragraph
(2) that is approved by a State Coordinator under that
paragraph. As part of the review of each application, the
Director shall obtain an assessment of such application by an
individual employed pursuant to subsection (e).
``(4) Discharge of transfer.--The Director and the State
Coordinator concerned shall jointly carry out the transfer of
eligible defense items covered by applications approved by the
Director under this subsection.
``(k) Public Notice on Requests for Transfers.--
``(1) In general.--Except as provided in paragraph (2), a
State or local law enforcement agency requesting transfer of an
eligible defense item under this section, including pursuant to
interagency transfer under subsection (r), shall--
``(A) publish notice to the public on such request,
including the information specified in subsection (l)
(other than paragraphs (7), (11), (12), and (16) of
that subsection, and with any personally identifiable
information otherwise required by paragraphs (17) and
(18) of that subsection redacted) if such information
is not otherwise available to the public; and
``(B) obtain approval of the request by the State
or political subdivision of a State of which the law
enforcement agency is an agency.
``(2) Exception.--
``(A) Items for undercover operations.--A State or
local law enforcement agency requesting transfer of an
eligible defense item is not required to comply with
paragraph (1) if the item requested is for an active
undercover operation.
``(B) Alternative notice requirement.--A State or
local law enforcement agency receiving an item under
this section pursuant to a request covered by
subparagraph (A) shall publish public notice of the
request not later than 10 business days after the
conclusion of the undercover operation for which the
item was requested.
``(l) Information in Support of Applications.--The application of a
State or local law enforcement agency for the transfer of eligible
defense items under subsection (j)(1), and the transmittal of the State
Coordinator concerned to the Director of the Defense Logistics Agency
with respect to the application pursuant to subsection (j)(2), shall
include with the application a statement of the need of the law
enforcement agency for the items as described in subsection (j)(1),
which shall include the following:
``(1) The type and amount of each item being requested.
``(2) The name of the law enforcement agency.
``(3) The number of sworn law enforcement officers of the
law enforcement agency.
``(4) The number, if any, of items similar to the items
being requested that the law enforcement agency has in good
working condition.
``(5) The amount and type of items, if any, that the law
enforcement agency has that were purchased using funds from--
``(A) the Urban Area Security Initiative authorized
under section 2003 of the Homeland Security Act of 2002
(6 U.S.C. 604);
``(B) the State Homeland Security Grant Program
authorized under section 2004 of the Homeland Security
Act of 2002 (6 U.S.C. 605); or
``(C) the Edward Byrne Memorial Justice Assistance
Grant Program 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.).
``(6) The use of force policy of the law enforcement
agency.
``(7) Whether the law enforcement agency intends for SWAT
teams to use the requested items, and, if so, the deployment
policies of the law enforcement agency for SWAT teams.
``(8) Whether the law enforcement agency has or plans to
adopt a memorandum of understanding or other joint use
agreement for the shared use of the requested items with any
other law enforcement agency.
``(9) The capability gap to be filled by the items
requested, and a description of the proposed use of the items
by the law enforcement agency.
``(10) Whether a consent decree is in effect between the
United States and the law enforcement agency relating to civil
rights abuses or excessive use of force.
``(11) Whether the law enforcement agency is currently
under investigation, or has been under investigation in the
last 10 years, by the Department of Justice, an inspector
general, or any equivalent State or local entity for civil
rights abuses or excessive use of force.
``(12) Whether the chief of police of the law enforcement
agency has ever been determined by the Department of Justice,
an inspector general, or any equivalent State or local entity
to have engaged in civil rights abuses or excessive use of
force.
``(13) Whether the law enforcement agency requested funds
from a regional, State, or local political entity to purchase
the requested items, and--
``(A) if so and the request was denied, a statement
of the reason or reasons for such denial; or
``(B) if not, a statement of the reason or reasons
the law enforcement agency did not.
``(14) Such other information on the recent record of the
law enforcement agency regarding civil rights and the excessive
use of force as the Director shall specify in the regulations
for purposes of this section.
``(15) An executed maintenance requirement release
acknowledging that the law enforcement agency understands and
accepts responsibility for all costs associated with the upkeep
of the items.
``(16) Detailed documentation on the manner in which the
law enforcement agency will provide for the storage and
security of the items.
``(17) A description of the policies and procedures of the
law enforcement agency for use of the items, including who will
have authority over the use of the items and an organizational
chart, and the names and titles of agency members, who will
have charge of the items.
``(18) Documentation showing that the members identified
pursuant to paragraph (17) as in charge of items have been
trained in the use and deployment of such items within the past
five years, or identifying specific training such members
identified shall participate not later than 90 days after
receipt of the items.
``(19) Certification that any eligible defense items
transferred under this section for use by a SWAT team have not
been used, and will not be used, by a SWAT team engaging in
routine patrol-related incidents, non-tactical incidents, and
non-tactical assignments.
``(20) Such other information on the law enforcement
agency, and the application of the law enforcement agency, as
the Director shall specify in the regulations for purposes of
this section.
``(m) Requirements in Connection With Use of Eligible Defense Items
by SWAT Teams.--
``(1) SWAT team training records.--Eligible defense items
may not be transferred to a State or local law enforcement
agency under this section for use by a SWAT team unless the law
enforcement agency requesting such items certifies to the
Director of the Defense Logistics Agency that the law
enforcement agency makes available to the public the training
records of the SWAT team, including the course outlines of such
training (except that any personally identifiable information,
and all but the title and subject of such training, may be
redacted). The Attorney General shall issue, and may from time
to time update, nonbinding guidelines on such policies.
``(2) Video recording of deployments.--Eligible defense
items may not be transferred to a State or local law
enforcement agency under this section for use by a SWAT team
unless the law enforcement agency requesting such items
certifies to the Director that a video recording shall be made
of each SWAT team deployment involving the use of such items.
Any video recording secured under this paragraph involving the
use of force (whether deadly or otherwise) shall be retained by
the law enforcement agency for a period not shorter than the
period of limitation in the State concerned for actions for
civil rights violations under section 1979 of the Revised
Statutes (42 U.S.C. 1983).
``(n) Policies on Use of Video Recording Equipment and Recording.--
``(1) In general.--Video recording equipment (including
body cameras) may not be transferred to a State or local law
enforcement agency under this section unless the law
enforcement agency requesting such equipment certifies to the
Director of the Defense Logistics Agency that the law
enforcement agency has in place, and makes available to the
public, policies on the use of such equipment by law
enforcement officers, and on securing video recordings of
operations of law enforcement officers using video equipment,
that meets the requirements specified in paragraph (2).
``(2) Policy requirements.--The requirements specified in
this paragraph for policies described in paragraph (1) are the
following:
``(A) Policies on the appropriate use of video
recording equipment, including whether such equipment
should be left on at all times.
``(B) Mechanisms to preserve, to the extent
practicable, the integrity and security of video
recordings, including a description of the personnel of
the law enforcement agency, and other parties, who are
authorized to access the recordings, mechanisms for the
storage of recordings, and measures to ensure the
cybersecurity of such recordings (if applicable to the
storage, retention, and retrieval of such recordings).
``(C) Policies on the authorized and unauthorized
public release of video recordings.
``(D) A requirement that any video recording of an
interaction between a law enforcement officer and an
individual who is not a law enforcement officer
involving the use of force (whether deadly or
otherwise) shall retained by the law enforcement agency
for a period not shorter than the period of limitation
in the State concerned for actions for civil rights
violations under section 1979 of the Revised Statutes
(42 U.S.C. 1983).
``(o) State Certification of Instructors in Training on Use of
Force and Certain Items.--
``(1) Certification of instructors in training required.--
On and after the date that is three years after the date of the
enactment of the Protecting Communities and Police Act of 2015
eligible defense items may not be transferred to a State or
local law enforcement agency of a State under this section
unless the Governor of the State (or the designee of the
Governor) certifies to the Director of the Defense Logistics
Agency that the State conducts a program for certifying police
instructors in the provision of training on the use of force,
and in the use of eligible defense items and special justice
items, that meets the requirements specified in paragraph (2).
Any instructor certified under a program conducted under
section 2010 of the Homeland Security Act of 2002 shall be
considered certified as a police instructor in any State for
purposes of this subsection.
``(2) Program requirements.--The requirements specified in
this paragraph for a program described in paragraph (1) are the
following:
``(A) The program shall include instruction in
training on the following:
``(i) The use of force by State and local
law enforcement officers in the ordinary course
of their duties.
``(ii) The use of eligible defense items
and special justice items by State and local
law enforcement officers in the ordinary course
of their duties.
``(iii) The use of eligible defense items
and special justice items by SWAT teams.
``(iv) The appropriate deployment of SWAT
teams.
``(v) Civil rights and civil liberties.
``(vi) Any other matters on the training of
State and local law enforcement officers that
the Governor of the State (or the designee of
the Governor) considers appropriate.
``(B) A list of the instructors who are certified
pursuant to the program shall be maintained and
published.
``(3) Discharge through existing programs.--A State may
satisfy the requirement in paragraph (1) using a program in
effect on the date that is three years after the date of the
enactment of the Protecting Communities and Police Act of 2015
if such program satisfies the requirements in paragraph (2).
``(p) Training Requirements.--
``(1) Minimum annual training requirements for law
enforcement officers.--
``(A) In general.--On and after the date that is
three years after the date of the enactment of the
Protecting Communities and Police Act of 2015, eligible
defense items may not be transferred to a State or
local law enforcement agency under this section unless
the Governor of the State (or the designee of the
Governor) certifies to the Director of the Defense
Logistics Agency that the State has in place minimum
annual training requirements for all sworn law
enforcement officers in the State, including--
``(i) specialized leadership training
requirements for heads of law enforcement
agencies who have--
``(I) decisionmaking authority on
the deployment of SWAT teams and
tactical military vehicles; or
``(II) responsibility for drafting
policies on the use of force and SWAT
team deployment;
``(ii) specialized SWAT team training
requirements for all SWAT team members,
including in law enforcement tactics used in
tactical operations;
``(iii) training in the appropriate use and
deployment of tactical military vehicles; and
``(iv) training on sensitivity, including
training on ethnic and racial bias, cultural
diversity, and police interaction with the
disabled, mentally ill, and new immigrants.
``(B) Satisfaction by recent hirees.--The
requirements under subparagraph (A) shall provide for
the first completion of the training concerned by an
individual who becomes an officer in a law enforcement
agency by not later than one year after the date on
which the individual becomes an officer in the law
enforcement agency.
``(2) State coordinators.--On and after the date that is
three years after the date of the enactment of the Protecting
Communities and Police Act of 2015, eligible defense items may
not be transferred to a State or local law enforcement agency
of a State under this section unless the Governor of the State
(or the designee of the Governor) certifies to the Director of
the Defense Logistics Agency that the individual who serves as
a State Coordinator in the State receives on an annual basis
training in the following:
``(A) Inventory management.
``(B) The assessment of the needs of State and
local law enforcement agencies for eligible defense
items.
``(3) Use of eligible defense items.--
``(A) In general.--On and after the date that is
three years after the date of the enactment of the
Protecting Communities and Police Act of 2015, eligible
defense items may not be transferred to a State or
local law enforcement agency under this section unless
the head of the law enforcement agency requesting such
items certifies to the Director that any law
enforcement officer who is authorized to use such items
will have received training on the proper law
enforcement use of such items by an instructor
certified as described in subsection (o) or section
2010 of the Homeland Security Act of 2002.
``(B) Satisfaction by recent hirees.--Training
required by subparagraph (A) shall be completed by an
individual who becomes a member of a State or local law
enforcement agency by not later than one year after the
date on which the individual becomes a member of the
law enforcement agency.
``(4) SWAT teams.--
``(A) In general.--On and after the date that is
three years after the date of the enactment of the
Protecting Communities and Police Act of 2015, eligible
defense items may not be transferred to a State or
local law enforcement agency under this section for use
by a SWAT team unless the head of the law enforcement
agency requesting such items certifies to the Director
that any law enforcement officer who is a member of
such SWAT team will have participated during the
preceding year in tactical SWAT team training by an
instructor certified as described in subsection (o) or
section 2010 of the Homeland Security Act of 2002 and
training required pursuant to paragraph (1).
``(B) Satisfaction by recent hirees.--Training
required by subparagraph (A) shall be completed by an
individual who becomes a member of a SWAT team by not
later than one year after the date on which the
individual becomes a member of the SWAT team.
``(q) Whistleblower and Independent Oversight Requirements.--
``(1) Whistleblower requirements.--On and after the date
that is three years after the date of the enactment of the
Protecting Communities and Police Act of 2015, eligible defense
items may not be transferred to a State or local law
enforcement agency of a State under this section unless the
Governor of the State (or the designee of the Governor)
certifies to the Director of the Defense Logistics Agency that
the State--
``(A) has in place--
``(i) a program, including a public
complaint hotline, that provides individuals
the ability to disclose any waste, fraud, or
abuse in connection with the use of such items;
and
``(ii) mechanisms (commonly referred to as
`whistleblower protections') to protect
individuals who make a disclosure described in
clause (i) from retaliatory or other adverse
personnel actions in connection with such
disclosures; and
``(B) publicizes the existence of the program and
whistleblower protections described in subparagraph
(A).
``(2) Certification of oversight and accountability.--
``(A) Certification required.--Eligible defense
items may not be transferred to a State or local law
enforcement agency under this section unless the head
of the law enforcement agency requesting such items
submits to the Director a written certification (in the
form of a memorandum of understanding, memorandum of
agreement, or letterhead correspondence) that an entity
that is unaffiliated with the law enforcement agency is
authorized--
``(i) to receive any complaints regarding
the use of any equipment and funds of the law
enforcement agency;
``(ii) to periodically review and assess
the use of such equipment and funds by the law
enforcement agency; and
``(iii) to make recommendations to the law
enforcement agency regarding the use of such
equipment and funds by the law enforcement
agency that are either--
``(I) non-binding in character; or
``(II) binding in character, if
authorized by a law or ordinance
governing the law enforcement agency or
the entity or by an agreement between
the governing body of the law
enforcement agency and organizations
representing law enforcement officers
of the law enforcement agency.
``(B) Discharge through existing entities.--A law
enforcement agency may satisfy the requirement in
subparagraph (A) through an entity that exists as of
the date of the enactment of the Protecting Communities
and Police Act of 2015, including an independent review
board, a Federal, State, or local inspector general, a
Federal, State, county, or city attorney general, a
district attorney, the Federal Bureau of Investigation
or another Federal agency, a State agency, a State or
local governing body (such as a city council or county
commission), a law enforcement council, or an
independent entity established by one or more such
officials, agencies, or entities on behalf of one or
more law enforcement agencies.
``(r) Interagency Transfer.--
``(1) In general.--Subject to paragraph (2), a State or
local law enforcement agency may transfer an eligible defense
item transferred to the law enforcement agency under this
section to another State or local law enforcement agency.
``(2) Approval required.--An eligible defense item may not
be transferred by a State or local law enforcement agency to
another law enforcement agency under this subsection without
the approval of the Director of the Defense Logistics Agency
(or the designee of the Director). A law enforcement agency
seeking the approval of the Director for the transfer of an
item pursuant to this paragraph shall submit to the Director an
application therefor in such form and manner as the Director
shall specify in the regulations for purposes of this section
under subsection (g).
``(s) Suspension and Termination.--
``(1) For lost or stolen items.--In the event an item
transferred to a State or local law enforcement agency under
this section is lost, stolen, or misappropriated--
``(A) in the case of an offensive weapon or
ordnance--
``(i) on the first occurrence in the case
of the law enforcement agency, the Director of
the Defense Logistics Agency, after providing
the law enforcement agency with notice and the
opportunity to contest the allegation, shall
suspend the law enforcement agency from
eligibility for receipt of items under this
section for a period of 6 months; and
``(ii) on any subsequent occurrence in the
case of the law enforcement agency, the
Director, after providing the law enforcement
agency with notice and the opportunity to
contest the allegation, shall suspend the law
enforcement agency from eligibility for receipt
of items under this section for a period of
five years; and
``(B) in the case of any other item--
``(i) on the third occurrence in the case
of the law enforcement agency, the Director,
after providing the law enforcement agency with
notice and the opportunity to contest the
allegation, shall suspend the law enforcement
agency from eligibility for receipt of items
under this section for a period of 6 months;
and
``(ii) on any subsequent occurrence in the
case of the law enforcement agency, the
Director, after providing the law enforcement
agency with notice and the opportunity to
contest the allegation, shall suspend the law
enforcement agency from eligibility for receipt
of items under this section for a period of
three years.
``(2) Intentional falsification of information.--In the
event a State or local law enforcement agency is determined by
the Director (or the designee of the Director) to have
intentionally falsified any information in requesting or
applying for items under this section, the Director, after
providing the law enforcement agency with notice and the
opportunity to contest the determination, shall terminate the
law enforcement agency from eligibility for receipt of items
under this section.
``(t) Report Requirements.--
``(1) State and local law enforcement agencies report
requirements.--Not later than one year after the date of the
enactment of the Protecting Communities and Police Act of 2015
and every year thereafter, each State or local law enforcement
agency that receives eligible defense items under this section
shall submit to the Director of the Defense Logistics Agency a
report setting forth an accounting of such items. Each report
of an agency shall include the following:
``(A) For weapons, tactical vehicles, aircraft, and
boats, time-stamped serial numbers of the items.
``(B) Such information on the status and use of
such items as the Secretary of Defense requires in
order to make the reports required by paragraph (2).
``(2) Secretary of defense report requirements.--Not later
than one year after Protecting Communities and Police Act of
2015, once a year for every four years thereafter, and once
every three years thereafter after such five years, the
Secretary of Defense shall submit to the Attorney General, the
Secretary of Homeland Security, and Congress, and make
available to the public, a comprehensive report on the use
during the preceding year of eligible defense items transferred
under this section. Each report shall include the following:
``(A) A description of all eligible defense items
transferred under this section during the year covered
by such report, including an appendix setting forth a
plain English description or manufacturer make, model
number, and name of each item transferred, the quantity
of each item transferred, the recipient of each item,
and a brief explanation of the need for each item by
the recipient.
``(B) A statement of the items described in
subparagraph (A) that were in new or like-new condition
at the time of transfer.
``(C) For each type of eligible defense item
transferred under this section during the year covered
by such report, the quantity, if any, of the same or a
similar item purchased by the Department of Defense
during the prior fiscal year.
``(D) The number of requests for transfer of
eligible defense items during the year covered by such
report that were approved by State Coordinators and the
Director of the Defense Logistics Agency.
``(E) The number of requests for transfer of
eligible defense items during the year covered by such
report that were approved by State Coordinators but
denied by the Director, and, for each such request, a
statement of the type of item requested and the reason
or reasons for the denial.
``(F) The number of requests for transfer of
eligible defense items during the year covered by such
report that were denied by State Coordinators, and, for
each such request, a statement of the type of item
requested and the reason or reasons for the denial.
``(u) Construction With Other DLA Authority.--Nothing in this
section shall be construed to override, alter, or supersede the
authority of the Director of the Defense Logistics Agency to dispose of
property of the Department of Defense that is not a controlled defense
item to law enforcement agencies under another other provision of law.
``(v) Non-Controlled Defense Items to Law Enforcement Agencies.--
Notwithstanding any provision of chapter 5 of title 40 or any other
provision of law, the Administrator of General Services shall accord a
priority in the disposal of excess and surplus items and equipment of
the Department of Defense that are not controlled defense items to law
enforcement agencies.
``(w) Definitions.--In this section:
``(1) The term `controlled defense item' means property of
the Department of Defense that is subject to the restrictions
of the United States Munitions List (22 Code of Federal
Regulations Part 121) or the Commerce Control List (15 Code of
Federal Regulations Part 774).
``(2) The term `eligible defense item' means a controlled
defense item that is eligible for transfer to a law enforcement
agency pursuant to this section.
``(3) The term `law enforcement council' means a consortium
of law enforcement agencies operating in a partnership within a
region to promote and enhance public safety.
``(4) The term `local educational agency' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
``(5) The term `special justice item' has the meaning given
that term in section 509(a) of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(6) The term `State Coordinator' means an individual
appointed by the Governor of a State--
``(A) to manage requests of State and local law
enforcement agencies of the State for eligible defense
items; and
``(B) to ensure the appropriate use of eligible
defense items transferred under this section by such
law enforcement agencies.
``(7) The term `State or local law enforcement agency'
means a State or local agency or entity with law enforcement
officers that have arrest and apprehension authority and whose
primary function is to enforce the laws. The term includes a
local educational agency with such officers. The term does not
include a firefighting agency or entity.
``(8) The term `SWAT team' means a Special Weapons and
Tactics team or other specialized tactical team composed of
State or local sworn law enforcement officers.
``(9) The term `tactical military vehicle' means an armored
vehicle having military characteristics resulting from military
research and development processes, designed primarily for use
by forces in the field in direction connection with, or support
of, combat or tactical operations.''.
(b) Limitations on Transfer of Certain Items Pending Achievement of
Certain Program Milestones.--
(1) Limitation pending employment of law enforcement
experts in dla.--No item described in paragraph (4) may be
transferred under section 2576a of title 10, United States Code
(as amended by subsection (a)), until the employment in the
Defense Logistics Agency of law enforcement experts required by
subsection (e) of such section.
(2) Delayed limitation pending appointment of task force.--
Effective as of the date that is one year after the date of the
enactment of this Act, no item described in paragraph (4) may
be transferred under section 2576a of title 10, United States
Code (as so amended), until the appointment of the task force
required by section 4 of this Act.
(3) Delayed limitation pending publication of list of
eligible defense items.--Effective as of the date that is two
years after the date of the enactment of this Act, no item
described in paragraph (4) may be transferred under section
2576a of title 10, United States Code (as so amended), until
the publication under subsection (f)(3) of such section of the
items determined to be eligible defense items for purposes of
such section.
(4) Covered items.--An item described in this paragraph is
the following:
(A) A controlled defense item.
(B) An eligible defense item.
(C) An item specified in section 2576a(g)(4)(B) of
title 10, United States Code (as so amended).
(5) Definitions.--In this subsection, the terms
``controlled defense item'' and ``eligible defense item'' have
the meaning given such terms in section 2576a(w) of title 10,
United States Code (as so amended).
(c) Restatement and Modification of Current Authority for Transfer
for Federal Law Enforcement Activities.--Chapter 153 of title 10,
United States Code, is amended--
(1) by redesignating section 2576b as section 2576d; and
(2) by inserting after section 2576a (as amended by
subsection (a)) the following new sections:
``Sec. 2576b. Excess personal property: sale or donation of certain
non-controlled defense items for State or local law
enforcement activities
``(a) Transfer Authorized.--(1) Notwithstanding any other provision
of law and subject to subsection (b), the Secretary of Defense may
transfer to State agencies personal property of the Department of
Defense that the Secretary determines is--
``(A) not a controlled defense item, an eligible defense
item, or an item specified in section 2576a(g)(4)(B) of this
title;
``(B) suitable for use by State agencies in law enforcement
activities, including counter-drug and counter-terrorism
activities; and
``(C) excess to the needs of the Department of Defense.
``(2) The Secretary shall carry out this section in consultation
with the Attorney General and the Director of National Drug Control
Policy.
``(b) Conditions for Transfer.--The Secretary of Defense may
transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense;
``(2) the recipient accepts the property on an as-is,
where-is basis;
``(3) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(4) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the Secretary
may transfer personal property under this section without charge to the
recipient agency.
``(d) Definitions.--In this section, the terms `controlled defense
item' and `eligible defense item' have the meaning given such terms in
section 2576a(w) of this title.
``Sec. 2576c. Excess personal property: sale or donation for Federal
law enforcement activities
``(a) Transfer Authorized.--(1) Notwithstanding any other provision
of law and subject to subsection (b), the Secretary of Defense may
transfer to Federal agencies personal property of the Department of
Defense, including small arms and ammunition, that the Secretary
determines is--
``(A) suitable for use by the agencies in law enforcement
activities, including counter-drug and counter-terrorism
activities; and
``(B) excess to the needs of the Department of Defense.
``(2) The Secretary shall carry out this section in consultation
with the Attorney General and the Director of National Drug Control
Policy.
``(b) Conditions for Transfer.--The Secretary of Defense may
transfer personal property under this section only if--
``(1) the property is drawn from existing stocks of the
Department of Defense;
``(2) the recipient accepts the property on an as-is,
where-is basis;
``(3) the transfer is made without the expenditure of any
funds available to the Department of Defense for the
procurement of defense equipment; and
``(4) all costs incurred subsequent to the transfer of the
property are borne or reimbursed by the recipient.
``(c) Consideration.--Subject to subsection (b)(4), the Secretary
may transfer personal property under this section without charge to the
recipient agency.''.
(d) Clerical Amendments.--The table of sections at the beginning of
chapter 153 of title 10, United States Code, is amended by striking the
items relating to sections 2576a and 2576b and inserting the following
new items:
``2576a. Excess personal property: sale or donation of certain
controlled defense items for State or local
law enforcement activities.
``2576b. Excess personal property: sale or donation of certain non-
controlled defense items for State or local
law enforcement activities.
``2576c. Excess personal property: sale or donation for Federal law
enforcement activities.
``2576d. Excess personal property: sale or donation to assist
firefighting agencies.''.
(e) CJCS Duty To Ensure Federal Agency Responsibility for
Transferred Property.--Section 153(a) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Transfers of dod property for federal law enforcement
activities.--Ensuring that Federal agencies to which property
of the Department of Defense is transferred pursuant to section
2576c of this title accept responsibility for inventory,
management, accountability, and disposal of such property.''.
SEC. 1050. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS.
(a) Use of Funds by Law Enforcement.--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.) is amended by adding at the end the following:
``SEC. 509. USE OF FUNDS BY LAW ENFORCEMENT.
``(a) Definitions.--In this section--
``(1) the term `covered funds' means funds provided under
this subpart;
``(2) the term `law enforcement agency'--
``(A) means an agency or entity with law
enforcement officers--
``(i) who have arrest and apprehension
authority; and
``(ii) whose primary function is to enforce
the laws;
``(B) includes a local educational agency with
officers described in subparagraph (A); and
``(C) does not include a firefighting agency or
entity;
``(3) the term `local educational agency' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9));
``(4) the term `prohibited item' means an item that the
Attorney General determines under subsection (b)(1) may not be
purchased by a law enforcement agency using covered funds;
``(5) the term `special justice item' means an item that
the Attorney General determines under subsection (b)(1) is not
generally issued to a law enforcement patrol officer but is
suitable for certain uses by law enforcement officers in
engagements with individuals who are not law enforcement
officers;
``(6) the term `SWAT team' means a Special Weapons and
Tactics team or other specialized tactical team composed of
sworn law enforcement officers; and
``(7) the term `tactical military vehicle' means an armored
vehicle having military characteristics resulting from military
research and development processes, designed primarily for use
by forces in the field in direct connection with, or support
of, combat or tactical operations.
``(b) Purchase of Certain Items by Law Enforcement.--
``(1) Lists of prohibited items and special justice
items.--
``(A) In general.--The Attorney General, in
consultation with the task force appointed under
section 4 of the Protecting Communities and Police Act
of 2015, shall--
``(i) not later than 3 years after the date
of enactment of the Protecting Communities and
Police Act of 2015, create--
``(I) a list of prohibited items;
and
``(II) a list of special justice
items; and
``(ii) review and revise each list created
under clause (i) not less often than once every
5 years.
``(B) Specific items.--The Attorney General shall
place each of the following items on the list of
prohibited items or the list of special justice items:
``(i) Weapons over .50 caliber.
``(ii) Tactical military vehicles.
``(iii) Other tactical military equipment.
``(iv) Tactical law enforcement ballistic
protection equipment other than ballistic
vests, including ballistic helmets, ballistic
shields, battle dress uniforms, and camouflage
uniforms and clothing.
``(v) Grenades, flash bang grenades,
grenade launchers, and grenade launcher
attachments.
``(C) Publication.--The Attorney General shall
publish each list created under subparagraph (A) on the
website of the Department of Justice and in the Federal
Register.
``(2) Prohibited items.--
``(A) In general.--Except as provided in
subparagraph (B), a law enforcement agency may not use
covered funds to purchase a prohibited item or receive
a prohibited item that was purchased using covered
funds.
``(B) Exception.--
``(i) Threats to national security.--A law
enforcement agency may purchase a prohibited
item using covered funds, or receive a
prohibited item that was purchased using
covered funds, if--
``(I) the Attorney General
determines that the prohibited item
will be useful in preventing or
mitigating damage resulting from a
threat to national security;
``(II) the law enforcement agency
has in place an agreement with the
National Guard of the State in which
the law enforcement agency is located
for the storage of the restricted item
at a National Guard site; and
``(III) the law enforcement
provides a copy of the agreement
described in subclause (II) to the
Attorney General.
``(ii) Update to list.--If a threat to
national security justifies the purchase of a
prohibited item under clause (i), the Attorney
General shall publish an updated list of
prohibited items or special justice items, as
appropriate, under paragraph (1)(C) as soon as
practicable.
``(3) Authority to prescribe regulations.--
``(A) In general.--The Attorney General may
prescribe regulations that place restrictions and
limitations on special justice items that may be
purchased by law enforcement agencies using covered
funds, based on the appropriateness of the use of the
items in law enforcement activities.
``(B) Authorized elements.--The regulations
prescribed by the Attorney General under subparagraph
(A) may include the following:
``(i) Tiers of eligibility of law
enforcement agencies to purchase special
justice items using covered funds based on need
of law enforcement agencies for particular
items, size and capabilities of law enforcement
agencies, or such other factors as the Attorney
General may specify in the regulations.
``(ii) Restrictions on the numbers or types
of special justice items that may be purchased
by a particular law enforcement agency using
covered funds, within a particular period of
time, to law enforcement agencies in a
particular region, or such other factors as the
Attorney General may specify in regulations.
``(iii) Restrictions on the use of
particular special justice items by law
enforcement agencies purchased using covered
funds based on size, capability, or such other
factors the Attorney General may specify in the
regulations.
``(iv) Requirements for memoranda of
understanding or other appropriate agreements
in the case of joint use of special justice
items, purchased using covered funds, by more
than 1 law enforcement agency.
``(c) Other Restrictions and Limitations on Use of Covered Funds.--
``(1) Purchase of special justice items using covered
funds.--
``(A) In general.--A law enforcement agency may not
receive or use covered funds to purchase a special
justice item unless the law enforcement agency--
``(i) except as provided in subparagraph
(B), publishes a needs justification
statement--
``(I) on its website, on the
website of its governing body, or in a
manner and location in which the needs
justification statement can be easily
viewed by the residents in the area in
which the law enforcement agency has
jurisdiction;
``(II) that, except as provided in
subclause (III), includes the
information required under subparagraph
(C); and
``(III) from which the law
enforcement agency may redact--
``(aa) the information
required under clause (x) or
(xi) of subparagraph (C); and
``(bb) with respect to the
training records required under
clause (vi), any personally
identifiable information and
all but the title and subject
of such training courses;
``(ii) obtains the approval of the head of
the State, political subdivision of a State, or
Indian tribe of which the law enforcement
agency is an agency before requesting the
covered funds; and
``(iii) submits the needs justification
statement, including all information required
under subparagraph (C), to the entity from
which the law enforcement agency is to receive
the covered funds.
``(B) Ongoing operations.--The requirements under
subparagraph (A)(i) shall not apply to a law
enforcement agency that receives or uses covered funds
to purchase a special justice item to be used in an
active, ongoing counterterrorism or undercover
operation.
``(C) Needs justification statements.--A needs
justification statement of a law enforcement agency
shall include the following:
``(i) The number and type of special
justice items proposed to be purchased.
``(ii) The number of sworn law enforcement
officers of the law enforcement agency.
``(iii) The number, if any, of items
similar to the special justice item that the
law enforcement agency has in good working
condition.
``(iv) The number and type of items, if
any, that the law enforcement agency has that
were--
``(I) transferred to the law
enforcement agency under section 2576a
of title 10, United States Code; or
``(II) purchased using funds from--
``(aa) the Urban Area
Security Initiative authorized
under section 2003 of the
Homeland Security Act of 2002
(6 U.S.C. 604); or
``(bb) the State Homeland
Security Grant Program
authorized under section 2004
of the Homeland Security Act of
2002 (6 U.S.C. 605) during the
5-year period preceding the
date on which the statement is
published.
``(v) The use of force policy of the law
enforcement agency.
``(vi) Whether the law enforcement agency
intends to have a SWAT team use the special
justice item and, if so, the training records
of the SWAT team, including the course outlines
of such training.
``(vii) Whether the law enforcement agency
has or plans to adopt a memorandum of
understanding or other joint use agreement for
the shared use of the special justice item with
any other law enforcement agency.
``(viii) The capability gap to be filled by
the special justice item, and a description of
the proposed use of the special justice item by
the law enforcement agency.
``(ix) Whether a consent decree is in
effect between the United States and the law
enforcement agency relating to civil rights
abuses or excessive use of force.
``(x) Whether the law enforcement agency is
currently under investigation, or has been
under investigation during the preceding 10
years, by the Department of Justice, an
inspector general, or any equivalent State or
local entity for civil rights abuses or
excessive use of force.
``(xi) Whether the head of the law
enforcement agency has ever been determined by
the Department of Justice, an inspector
general, or any equivalent State or local
entity to have engaged in civil rights abuses
or excessive use of force, if such information
is publicly available.
``(xii)(I) Whether the law enforcement
agency requested funds from a regional, State,
or local political entity to purchase the
requested item;
``(II) if the law enforcement agency
requested funds from a regional, State, or
local political entity and the request was
denied, a statement of the reason or reasons
for the denial; and
``(III) if the law enforcement agency did
not request funds from a regional, State, or
local political entity, a statement explaining
why the law enforcement agency did not do so.
``(xiii) A certification that any item
purchased using covered funds has not been, and
will not be, used by a SWAT team of the law
enforcement agency engaging in routine patrol-
related incidents, non-tactical incidents, or
non-tactical assignments.
``(xiv) Any other information on the recent
record of the law enforcement agency regarding
civil rights and the excessive use of force
that the Attorney General determines
appropriate.
``(2) Restrictions on small law enforcement agencies.--
``(A) Prohibition on purchase of tactical military
vehicles by small law enforcement agencies.--A law
enforcement agency with 10 or fewer sworn law
enforcement officers--
``(i) that has 1 or more functioning
tactical military vehicles may not use covered
funds to purchase a tactical military vehicle;
``(ii) that does not have a functioning
tactical military vehicle may use covered funds
to purchase not more than 1 tactical military
vehicle; or
``(iii) that is the designated procurement
agency for a multi-jurisdictional joint-use
agreement may use covered funds for the
purchase of more than 1 tactical military
vehicle, or receive more than 1 tactical
military vehicle purchased using covered funds,
if the agency purchases or receives not more
than 1 tactical military vehicle for every 10
sworn law enforcement officers covered by the
joint-use agreement.
``(B) Limitation on use of items by small swat
teams.--A special justice item purchased using covered
funds may not be used by--
``(i) a SWAT team composed of fewer than 17
sworn law enforcement officers;
``(ii) a SWAT team composed entirely of
members from a single law enforcement agency
that has fewer than 35 sworn law enforcement
officers; or
``(iii) a SWAT team composed of members
from 2 or more law enforcement agencies which
agencies have, in aggregate, fewer than 35
sworn law enforcement officers.
``(3) Restrictions on local education agencies.--
``(A) Prohibition on use of covered funds.--A local
educational agency, or a law enforcement agency
affiliated with a local education agency, may not use
covered funds to purchase a tactical military vehicle
if--
``(i) the local educational agency is
served by a law enforcement agency that--
``(I) is unaffiliated with the
local education agency; and
``(II) has a tactical military
vehicle; or
``(ii) the local educational agency is
served by 1 or more law enforcement agencies
that are unaffiliated with the local education
agency and no such serving agency will agree to
store and maintain the tactical military
vehicle for the local educational agency.
``(B) Limitation on use of covered funds.--A local
educational agency that purchases a tactical military
vehicle using covered funds may not use funds of the
local educational agency--
``(i) to transport the tactical military
vehicle to the district of the local
educational agency; or
``(ii) to maintain the tactical military
vehicle.
``(4) Camouflage uniforms or clothing.--A law enforcement
agency may only use funding provided under this subpart to
purchase camouflage uniforms or clothing if the camouflage
uniforms or clothing are for use by a SWAT team that
demonstrates a legitimate geographic or environmental need for
camouflage uniforms or clothing based on the physical
environment in which the SWAT team operates.
``(5) Approval required for purchase of certain items.--
``(A) No delegation of authority.--The Attorney
General may not delegate the authority to approve an
application for a grant under this subpart if the
application proposes to use funds for the purchase of
an item specified in subparagraph (B).
``(B) Items.--The items specified in this
subparagraph are the following:
``(i) Weapons over .50 caliber.
``(ii) Grenades, flash bang grenades,
grenade launchers, and grenade launcher
attachments.
``(iii) Tactical military vehicles.
``(6) Law enforcement agencies under consent decrees.--A
law enforcement agency for which a consent decree is in effect
between the United States and the law enforcement agency, or
that is under investigation by the Department of Justice,
relating to civil rights abuses or excessive use of force may
not use covered funds to purchase any weapon or tactical
military vehicle.
``(7) Transportation costs.--No covered funds may be used
to pay the cost of transporting an eligible defense item
transferred to a law enforcement agency under section 2576a of
title 10, United States Code.
``(d) Training and Certification.--
``(1) State certification of law enforcement instructors.--
``(A) In general.--On and after the date that is 3
years after the date of enactment of the Protecting
Communities and Police Act of 2015, a State, and any
law enforcement agency of or in the State, may not
receive or use covered funds to purchase a special
justice item unless the chief executive of the State
certifies to the Attorney General that the State
conducts a program for certifying law enforcement
instructors in the provision of training that meets the
requirements under subparagraph (B).
``(B) Program requirements.--The requirements for a
program described in subparagraph (A) are the
following:
``(i) The program shall include instruction
in training on the following:
``(I) The use of force by law
enforcement officers in the ordinary
course of their duties.
``(II) The use of special justice
items by law enforcement officers in
the ordinary course of their duties.
``(III) The use of special justice
items by SWAT teams.
``(IV) The appropriate deployment
of SWAT teams.
``(V) Civil rights and civil
liberties.
``(VI) Any other matters on the
training of law enforcement officers
that the head of the State law
enforcement agency considers
appropriate.
``(ii) A list of the instructors who are
certified pursuant to the program or pursuant
to the program conducted by the Secretary of
Homeland Security under section 2010 of the
Homeland Security Act of 2002 shall be
maintained and published.
``(C) Discharge through existing programs.--A State
may satisfy the requirement under subparagraph (A)
using a program in effect on the date that is 3 years
after the date of the enactment of the Protecting
Communities and Police Act of 2015 if such program
satisfies the requirements in subparagraph (B).
``(2) Minimum annual training requirements.--
``(A) Establishment.--On and after the date that is
3 years after the date of enactment of the Protecting
Communities and Police Act of 2015, a State, and a unit
of local government within the State, may not receive
covered funds unless the State establishes minimum
annual training requirements for all law enforcement
officers in the State, including--
``(i) specialized leadership training
requirements for chiefs of police or other
department heads who have--
``(I) decisionmaking authority on
the deployment of SWAT teams and
tactical military vehicles; or
``(II) responsibility for drafting
policies on the use of force and SWAT
team deployment;
``(ii) specialized SWAT team training
requirements for all SWAT team members;
``(iii) training in appropriate crowd-
control tactics; and
``(iv) not less than 1 training session on
sensitivity, including training on ethnic and
racial bias, cultural diversity, and law
enforcement interaction with disabled
individuals, mentally ill individuals, and new
immigrants.
``(B) Federally certified or state-certified
instructors.--The training requirements established by
a State under subparagraph (A) may only be satisfied
through training conducted by an instructor certified
under--
``(i) a program conducted by the Secretary
of Homeland Security under section 2010 of the
Homeland Security Act of 2002; or
``(ii) a program conducted by a State under
paragraph (1).
``(C) Certification of completed training.--On and
after the date that is 1 year after the date on which a
program is established under paragraph (1), a law
enforcement agency may not receive covered funds unless
the law enforcement agency certifies to the Attorney
General that each sworn law enforcement officer
employed by the law enforcement agency has met all
applicable minimum annual training requirements
established by the State in which the law enforcement
agency is located under subparagraph (A) of this
paragraph.
``(D) False certification.--The Attorney General
shall suspend or terminate the eligibility of a law
enforcement agency to receive covered funds if the law
enforcement agency intentionally submits a false
certification under subparagraph (C) that a law
enforcement officer has met the minimum annual training
requirements established by the State in which the law
enforcement agency is located under subparagraph (A).
``(E) Satisfaction by recent hirees.--The
requirements under subparagraph (A) shall provide for
the first completion of the training concerned by an
individual who becomes an officer in a law enforcement
agency or becomes a member of a SWAT team by not later
than 1 year after the date on which the individual
becomes an officer in the law enforcement agency or
becomes a member of a SWAT team, as applicable.
``(3) Best practices.--
``(A) In general.--On and after the date that is 2
years after the date of enactment of the Protecting
Communities and Police Act of 2015, the Attorney
General shall publish, periodically review, distribute
to each State or unit of local government that applies
for a grant under this subpart, and require each such
State or unit of local government to distribute to each
organization or unit of local government with respect
to which the State or unit of local government enters
into a contract or makes a subaward under section
501(b), best practices for--
``(i) training law enforcement officers and
the use of lethal and non-lethal force by law
enforcement officers;
``(ii) training, use, and deployment of
SWAT teams; and
``(iii) community-oriented police efforts.
``(B) Attorney general updates to congress
regarding delay in publication of best practices.--On
and after the date that is 2 years after the date of
enactment of the Protecting Communities and Police Act
of 2015, if the Attorney General has not published the
best practices required under subparagraph (A), the
Attorney General shall provide quarterly updates to
Congress on the reason for the delay in publication and
the expected date of publication.
``(e) Reporting and Policy Requirements.--
``(1) Reporting and recordkeeping requirements for grant
funding recipients.--
``(A) SWAT team deployment records.--A law
enforcement agency that receives covered funds shall
maintain a record of each deployment of a SWAT team by
the law enforcement agency, which shall include--
``(i) the type of police activity for which
the SWAT team is deployed;
``(ii) the rationale for the deployment;
``(iii) the nexus between--
``(I) the use of force policy and
SWAT team policy of the law enforcement
agency; and
``(II) the police activity for
which the SWAT team is deployed; and
``(iv) a description, written after the
deployment, of whether force or weapons were
used by or against the law enforcement officers
serving on the SWAT team.
``(B) Equipment purchased.--A law enforcement
agency that purchases equipment using covered funds
shall submit to the Attorney General a report
describing the quantity and type of equipment
purchased.
``(2) DOJ reports.--
``(A) Special justice items.--The Attorney General
shall publish and submit to Congress, the Secretary of
Defense, and the Secretary of Homeland Security an
annual report on special justice items that includes,
with respect to the preceding year--
``(i) the number and type of special
justice items purchased using covered funds;
and
``(ii) an appendix describing--
``(I) each law enforcement agency
that used covered funds to purchase a
special justice item;
``(II) the number of each special
justice item described in subclause (I)
purchased by each law enforcement
agency; and
``(III) a summary of the needs
justification statement submitted under
subsection (c)(1)(A)(i) by each law
enforcement agency described in
subclause (I) of this clause.
``(B) Crime rates.--The Attorney General shall
collect and publish data on crime rates over time for
each jurisdiction in which a law enforcement agency
receives covered funds.
``(C) DOJ guides and best practices.--The Attorney
General shall conduct periodic surveys on the use of
materials published by the Attorney General in print
and online relating to local law enforcement training
and the use of force, including lethal and non-lethal
force.
``(f) Whistleblower and Independent Oversight Requirements.--
``(1) Whistleblower requirements.--On or after the date
that is 3 years after the date of enactment of the Protecting
Communities and Police Act of 2015, a State or unit of local
government of a State may not receive covered funds unless the
chief executive of the State certifies to the Attorney General
that the State--
``(A) has in place--
``(i) a program, including a public
complaint hotline, that provides individuals
the ability to disclose any--
``(I) misuse of equipment purchased
using covered funds; or
``(II) other waste, fraud, or abuse
in connection with the use of covered
funds; and
``(ii) mechanisms (commonly referred to as
`whistleblower protections') to protect
individuals who make a disclosure described in
clause (i) from retaliatory or other adverse
personnel actions in connection with such
disclosures; and
``(B) publicizes the existence of the program and
whistleblower protections described in subparagraph
(A).
``(2) Certification of oversight and accountability.--
``(A) Certification required.--A law enforcement
agency may not receive covered funds unless the head of
the law enforcement agency submits to the Attorney
General a written certification (in the form of a
memorandum of understanding, memorandum of agreement,
or letterhead correspondence) that an entity that is
unaffiliated with the law enforcement agency is
authorized--
``(i) to receive any complaints regarding
the use of special justice items and covered
funds of the law enforcement agency;
``(ii) to periodically review and assess
the use of special justice items and covered
funds by the law enforcement agency; and
``(iii) to make recommendations to the law
enforcement agency regarding the use of special
justice items and covered funds by the law
enforcement agency that are either--
``(I) non-binding in character; or
``(II) binding in character, if
authorized by--
``(aa) a law or ordinance
governing the law enforcement
agency or the entity; or
``(bb) an agreement between
the governing body of the law
enforcement agency and
organizations representing law
enforcement officers of the law
enforcement agency.
``(B) Discharge through existing entities.--A law
enforcement agency may satisfy the requirement in
subparagraph (A) through an entity that exists as of
the date of the enactment of the Protecting Communities
and Police Act of 2015, including an independent review
board, a Federal, State, or local inspector general, a
Federal, State, county, or city attorney general, a
district attorney, the Federal Bureau of Investigation
or another Federal agency, a State agency, a State or
local governing body (such as a city council or county
commission), a law enforcement council, or an
independent entity established by one or more such
officials, agencies, or entities on behalf of one or
more law enforcement agencies.
``(g) Suspension and Termination.--
``(1) For lost or stolen items.--If a special justice item
purchased by a law enforcement agency using covered funds is
lost, stolen, or misappropriated--
``(A) in the case of an offensive weapon or
ordnance--
``(i) on the first occurrence in the case
of the law enforcement agency, the Attorney
General, after providing the law enforcement
agency with notice and the opportunity to
contest the allegation, shall suspend the law
enforcement agency from eligibility to receive
covered funds for a period of not less than 6
months; and
``(ii) on the subsequent occurrence in the
case of the law enforcement agency, the
Attorney General, after providing the law
enforcement agency with notice and the
opportunity to contest the allegation, shall
terminate the law enforcement agency from
eligibility to receive covered funds; and
``(B) in the case of a special justice item not
described in subparagraph (A)--
``(i) on the third occurrence in the case
of the law enforcement agency, the Director,
after providing the law enforcement agency with
notice and the opportunity to contest the
allegation, shall suspend the law enforcement
agency from eligibility to receive covered
funds for a period of 6 months; and
``(ii) on any subsequent occurrence in the
case of the law enforcement agency, the
Director, after providing the law enforcement
agency with notice and the opportunity to
contest the allegation, shall suspend the law
enforcement agency from eligibility to receive
covered funds for a period of 3 years.
``(2) Intentional falsification of information.--If a law
enforcement agency is determined by the Attorney General to
have intentionally falsified any information relating to the
use of covered funds, the Attorney General, after providing the
law enforcement agency with notice and the opportunity to
contest the determination, shall terminate the law enforcement
agency from eligibility to receive covered funds.
``(h) Additional Program Oversight.--
``(1) Attorney general obligations.--
``(A) Subgrantee oversight.--In conducting
oversight of the use of covered funds, the Attorney
General shall conduct inspections of some local law
enforcement agencies that receive covered funds through
a subaward under section 501(b), to ensure compliance
with this section.
``(B) Law enforcement expertise.--
``(i) Establishment of position.--The
Attorney General shall appoint individuals with
expertise in State and local law enforcement
agency functions to positions within the Bureau
to assist the Attorney General in assessing
grant applications under this subpart by
determining whether equipment proposed to be
purchased by a law enforcement agency using
covered funds is--
``(I) appropriate to the mission of
the law enforcement agency; and
``(II) necessary based on the needs
justification statement submitted by
the law enforcement agency under
subsection (c)(1)(A)(iii).
``(ii) Number of individuals.--The Attorney
General shall appoint as many individuals under
clause (i) as necessary to ensure that--
``(I) not less than 1 such
individual is involved in the
determination under clause (i) for each
grant application under this subpart;
and
``(II) the involvement of such
individuals in the process of assessing
grant applications under this subpart
does not delay the process.
``(iii) Managerial experience preferred.--
In appointing individuals under clause (i), the
Attorney General shall give preference to
individuals with law enforcement managerial
expertise.
``(2) Grant recipient obligations.--
``(A) Recording swat team deployments.--A law
enforcement agency may not use covered funds to
purchase any item for use by a SWAT team unless the law
enforcement agency--
``(i) certifies to the Attorney General
that a video recording shall be made of each
SWAT team deployment involving the use of the
item; and
``(ii) develops, implements, and publishes
a policy for video recording SWAT team
deployments that--
``(I) describes the appropriate use
of video recording equipment, including
whether such equipment should be left
on at all times;
``(II) includes mechanisms to
preserve, to the extent practicable,
the integrity and security of a video
recording, including--
``(aa) a description of the
personnel of the law
enforcement agency, and other
parties, who are authorized to
access the recording;
``(bb) mechanisms for the
storage of the recording; and
``(cc) measures to ensure
the cybersecurity of the
recording (if applicable to the
storage, retention, and
retrieval of the recording);
``(III) includes policies on the
authorized and unauthorized public
release of a video recording; and
``(IV) includes a requirement that
any video recording of an interaction
between a law enforcement officer and
an individual who is not a law
enforcement officer involving the use
of force (whether deadly or otherwise)
shall be retained by the law
enforcement agency for a period not
shorter than the period of limitation
in the State concerned for actions for
civil rights violations under section
1979 of the Revised Statutes (42 U.S.C.
1983).
``(B) Use of body cameras by law enforcement
officers.--A law enforcement agency that uses covered
funds to purchase or maintain a body camera, or for
related costs, shall have in place, and make available
to the public, a policy on the use of a body camera by
a law enforcement officer that includes--
``(i) a policy on the appropriate use of a
body camera, including whether the camera
should be left on at all times;
``(ii) mechanisms to preserve, to the
extent practicable, the integrity and security
of a video recording made by a body camera,
including--
``(I) a description of the
personnel of the law enforcement
agency, and other parties, who are
authorized to access the recording;
``(II) mechanisms for the storage
of the recording; and
``(III) measures to ensure the
cybersecurity of the recording (if
applicable to the storage, retention,
and retrieval of the recording);
``(iii) a policy on the authorized and
unauthorized public release of a video
recording; and
``(iv) a requirement that any video
recording of an interaction between a law
enforcement officer and an individual who is
not a law enforcement officer involving the use
of force (whether deadly or otherwise) shall
retained by the law enforcement agency for a
period not shorter than the period of
limitation in the State concerned for actions
for civil rights violations under section 1979
of the Revised Statutes (42 U.S.C. 1983).''.
(b) Prohibited Uses of Covered Funds.--Section 501(d)(2) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751(d)(2)) is amended--
(1) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) unmanned aerial vehicles, unmanned aircraft,
or unmanned aircraft systems;''.
(c) Funds for Body Cameras.--Section 505(b) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755(b))
is amended--
(1) in paragraph (1)--
(A) by striking ``60 percent'' and inserting ``57.5
percent''; and
(B) by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by striking ``40 percent'' and inserting ``37.5
percent''; and
(B) by striking the period at the end and inserting
a semicolon; and
(3) by adding at the end the following:
``(3) 2.5 percent shall be for direct grants to States for
the purchase or maintenance of body cameras, dashboard cameras,
or gun cameras for law enforcement agencies and related costs;
and
``(4) 2.5 percent shall be for direct grants to units of
local government for the purchase or maintenance of body
cameras, dashboard cameras, or gun cameras for law enforcement
agencies and related costs.''.
SEC. 1051. DEPARTMENT OF JUSTICE REPORTS ON SWAT TEAMS.
(a) Definition.--In this section, the term ``SWAT team'' means a
Special Weapons and Tactics team or other specialized tactical team
composed of sworn law enforcement officers.
(b) Collection and Analysis of Data.--The Attorney General shall
collect and analyze data on the use of SWAT teams by Federal, State,
local, and tribal law enforcement agencies.
(c) Type of Data.--The data collected and analyzed by the Attorney
General under subsection (b) shall include--
(1) the number of deployments of SWAT teams;
(2) the reason for each deployment of a SWAT team;
(3) the composition of each SWAT team, including, at
minimum, the number of members on each SWAT team;
(4) the number of law enforcement agencies with SWAT teams,
categorized by the overall size of the law enforcement
agencies;
(5) the number of SWAT teams composed of officers from
multiple law enforcement agencies;
(6) the amount of initial training and ongoing training of
SWAT teams being conducted;
(7) the community outreach undertaken to explain and
publicize SWAT team deployment policies;
(8) information on the deployment of SWAT teams in low-
income neighborhoods; and
(9) any other information that the Attorney General
determines to be relevant.
(d) Public Availability of Data.--Not less frequently than once
every 6 months, the Attorney General shall publish the data collected
under subsection (b).
(e) Report.--Not less frequently than once every 5 years, the
Attorney General shall publish a report that contains the analysis
conducted under subsection (b).
SEC. 1052. FEDERAL LAW ENFORCEMENT TRAINING CENTER CERTIFICATION OF
INSTRUCTORS IN TRAINING ON USE OF FORCE AND SPECIAL
EQUIPMENT.
(a) In General.--Subtitle A of title XX of the Homeland Security
Act of 2002 (6 U.S.C. 603 et seq.), as amended by this Act, is amended
by adding at the end the following:
``SEC. 2010. CERTIFICATION OF INSTRUCTORS IN TRAINING ON USE OF FORCE
AND SPECIAL EQUIPMENT.
``(a) Definitions.--In this section--
``(1) the term `eligible defense item' has the meaning
given the term in section 2576a(w) of title 10, United States
Code;
``(2) the terms `law enforcement agency', `restricted
item', and `SWAT team' have the meanings given those terms in
section 2009(a); and
``(3) the term `special justice item' has the meaning given
the term in section 509(a) of the Omnibus Crime Control and
Safe Streets Act of 1968.
``(b) Certification of Instructors.--On and after the date that is
3 years after the date of enactment of the Protecting Communities and
Police Act of 2015, the Secretary shall, through the Federal Law
Enforcement Training Center, conduct programs to certify instructors to
conduct training courses on law enforcement tactics for State, local,
and tribal law enforcement agencies.
``(c) Elements.--The programs conducted under this section shall
include instruction in training on the following:
``(1) The use of force by State, local, and tribal law
enforcement officers in the ordinary course of their duties.
``(2) The use of restricted items, eligible defense items,
and special justice items by State, local, and tribal law
enforcement officers in the ordinary course of their duties.
``(3) The use of restricted items, eligible defense items,
and special justice items by SWAT teams.
``(4) The appropriate deployment of SWAT teams.
``(5) Any other matters on the training of State, local,
and tribal law enforcement officers that the Secretary
considers appropriate.
``(d) List of Certified Instructors.--The Secretary shall maintain
and publish a list of instructors who are certified pursuant to a
program conducted under this section.
``(e) Administration of State Programs.--The Federal Law
Enforcement Training Center may enter into an agreement with a State
to--
``(1) manage or implement the State's program for law
enforcement instructor certification described in--
``(A) section 2009(d)(1)(A) of this Act;
``(B) section 2576a(o)(1) of title 10, United
States Code; or
``(C) section 509(d)(1)(A) of the Omnibus Crime
Control and Safe Streets Act of 1968; or
``(2) provide certified instructors for a program described
in paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-96;
116 Stat. 2135), as amended by this Act, is amended by inserting after
the item relating to section 2009 the following:
``Sec. 2010. Certification of instructors in training on use of force
and special equipment.''.
SEC. 1053. 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. 1054. 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.
SEC. 1055. 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 2018 through 2023.
SEC. 1056. LIMITATION ON USE OF FUNDS.
None of the funds made available by this Act may be used for
activities prohibited by the order issued by the Attorney General
entitled ``Prohibition on Certain Federal Adoptions of Seizures by
State and Local Law Enforcement Agencies'' (Order No. 3488-2015, dated
January 16, 2015) or the order entitled ``Prohibition on Certain
Federal Adoptions of Seizures by State and Local Law Enforcement
Agencies'' (Order No. 3485-2015, dated January 12, 2015).
SEC. 1057. FINDINGS.
Congress finds the following:
(1) Nearly 60 percent of the inmates in jails in the United
States are pretrial detainees who have not been convicted of a
crime, an estimated 75 percent of whom have been charged with
nonviolent crimes.
(2) Under current bail systems that use payment of money as
a condition of pretrial release, nearly 50 percent of the most
dangerous pretrial detainees are released without supervision,
according to a study by the Arnold Foundation.
(3) Throughout the Nation, those with money can buy their
freedom while poor defendants remain incarcerated awaiting
trial.
(4) Pretrial detention costs State and local governments an
estimated $14,000,000,000 each year.
(5) Pretrial detention should be based on whether the
accused is likely to fail to appear in court or is a threat to
public safety, not the ability to pay money as a condition of
pretrial release.
(6) The States, the United States Department of Justice,
law enforcement agencies, public officials, and community
groups should collaborate to develop pretrial detention systems
that improve public safety, reduce costs, and discourage
criminal behavior.
SEC. 1058. ELIGIBILITY FOR GRANTS UNDER THE BYRNE JAG PROGRAM.
Section 505 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3755) is amended--
(1) in subsection (a)--
(A) by adding at the end the following:
``(3) Eligibility.--Beginning with the third fiscal year
beginning after the enactment of the `No Money Bail Act of
2017', the Attorney General shall not allocate any amounts
appropriated to carry out this part to any State that uses
payment of money as a condition of pretrial release with
respect to criminal cases.''; and
(B) in paragraph (1) by striking ``in paragraph
(2)'' and inserting ``in paragraphs (2) and (3)''; and
(2) in subsection (f)--
(A) by striking ``If the Attorney General'' and
inserting ``(1) In general.--If the Attorney General'';
and
(B) by adding at the end the following:
``(2) State ineligible due to system of bail.--
Notwithstanding paragraph (1), if the Attorney General
determines with respect to any grant period that a State is
made ineligible by subsection (a)(3), the Attorney General
shall reallocate any amounts allocated to or that would have
been allocated to such State for such period--
``(A) among the other eligible States; and
``(B) in proportion to allocations among eligible
States under subsection (a).''.
SEC. 1059. PROHIBITION OF MONEY BAIL IN FEDERAL CRIMINAL CASES.
Notwithstanding any provision of Federal law, no justice, judge, or
other judicial official in any court created by or under article III of
the Constitution of the United States may use payment of money as a
condition of pretrial release in any criminal case.
SEC. 1060. 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 4, 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. 1061. EXEMPTIONS.
The provisions of section 3 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 5.
SEC. 1062. 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.
TITLE II--PUBLIC DEFENSE
SEC. 2001. CLARIFICATION OF RIGHT TO COUNSEL.
(a) Right to Counsel in Immigration Proceedings.--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 (at no expense to the Government) 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. 2002. 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.
SEC. 2003. DUTY TO DISCLOSE FAVORABLE INFORMATION.
Chapter 201 of title 18, United States Code, is amended by adding
at the end the following:
``Sec. 3014. Duty to disclose favorable information
``(a) Definitions.--In this section--
``(1) the term `covered information' means information,
data, documents, evidence, or objects that may reasonably
appear to be favorable to the defendant in a criminal
prosecution brought by the United States with respect to--
``(A) the determination of guilt;
``(B) any preliminary matter before the court
before which the criminal prosecution is pending; or
``(C) the sentence to be imposed; and
``(2) the term `prosecution team' includes, with respect to
a criminal prosecution brought by the United States--
``(A) the Executive agency, as defined in section
105 of title 5, that brings the criminal prosecution on
behalf of the United States; and
``(B) any entity or individual, including a law
enforcement agency or official, that--
``(i) acts on behalf of the United States
with respect to the criminal prosecution;
``(ii) acts under the control of the United
States with respect to the criminal
prosecution; or
``(iii) participates, jointly with the
Executive agency described in subparagraph (A),
in any investigation with respect to the
criminal prosecution.
``(b) Duty To Disclose Favorable Information.--In a criminal
prosecution brought by the United States, the attorney for the
Government shall provide to the defendant any covered information--
``(1) that is within the possession, custody, or control of
the prosecution team; or
``(2) the existence of which is known, or by the exercise
of due diligence would become known, to the attorney for the
Government.
``(c) Timing.--Except as provided in subsections (e) and (f), the
attorney for the Government shall provide to the defendant any covered
information--
``(1) without delay after arraignment and before the entry
of any guilty plea; and
``(2) if the existence of the covered information is not
known on the date of the initial disclosure under this
subsection, as soon as is reasonably practicable upon the
existence of the covered information becoming known, without
regard to whether the defendant has entered or agreed to enter
a guilty plea.
``(d) Relationship to Other Laws.--
``(1) In general.--Except as provided in paragraph (2), the
requirements under subsections (b) and (c) shall apply
notwithstanding section 3500(a) or any other provision of law
(including any rule or statute).
``(2) Classified information.--Classified information (as
defined in section 1 of the Classified Information Procedures
Act (18 U.S.C. App.)) shall be treated in accordance with the
Classified Information Procedures Act.
``(e) Protective Orders.--
``(1) In general.--Upon motion of the United States, the
court may issue an order to protect against the immediate
disclosure to a defendant of covered information otherwise
required to be disclosed under subsection (b) if--
``(A) the covered information is favorable to the
defendant solely because the covered information would
provide a basis to impeach the credibility of a
potential witness; and
``(B) the United States establishes a reasonable
basis to believe that--
``(i) the identity of the potential witness
is not already known to any defendant; and
``(ii) disclosure of the covered
information to a defendant would present a
threat to the safety of the potential witness
or of any other person.
``(2) Time limit.--The court may delay disclosure of
covered information under this subsection until the earlier
of--
``(A) the date that the court determines provides a
reasonable amount of time before the date set for trial
(which shall be not less than 30 days before the date
set for trial, absent a showing by the United States of
compelling circumstances); and
``(B) the date on which any requirement under
paragraph (1) ceases to exist.
``(3) Motions under seal.--The court may permit the United
States to file all or a portion of a motion under this
subsection under seal to the extent necessary to protect the
identity of a potential witness, but the United States--
``(A) may not file a motion under this subsection
ex parte; and
``(B) shall summarize any undisclosed portion of a
motion filed under this subsection for the defendant in
sufficient detail to permit the defendant a meaningful
opportunity to be heard on the motion, including the
need for a protective order or the scope of the
requested protective order.
``(f) Waiver.--
``(1) In general.--A defendant may not waive a provision of
this section except in open court.
``(2) Requirements.--The court may not accept the waiver of
a provision of this section by a defendant unless the court
determines that--
``(A) the proposed waiver is knowingly,
intelligently, and voluntarily offered; and
``(B) the interests of justice require the proposed
waiver.
``(g) Noncompliance.--
``(1) In general.--Before entry of judgment, upon motion of
a defendant or by the court sua sponte, if there is reason to
believe the attorney for the Government has failed to comply
with subsection (b) or subsection (c), the court shall order
the United States to show cause why the court should not find
the United States is not in compliance with subsection (b) or
subsection (c), respectively.
``(2) Findings.--If the court determines under paragraph
(1) that the United States is not in compliance with subsection
(b) or subsection (c), the court shall--
``(A) determine the extent of and reason for the
noncompliance; and
``(B) enter into the record the findings of the
court under subparagraph (A).
``(h) Remedies.--
``(1) Remedies required.--
``(A) In general.--If the court determines that the
United States has violated the requirement to disclose
covered information under subsection (b) or the
requirement to disclose covered information in a timely
manner under subsection (c), the court shall order an
appropriate remedy.
``(B) Types of remedies.--A remedy under this
subsection may include--
``(i) postponement or adjournment of the
proceedings;
``(ii) exclusion or limitation of testimony
or evidence;
``(iii) ordering a new trial;
``(iv) dismissal with or without prejudice;
or
``(v) any other remedy determined
appropriate by the court.
``(C) Factors.--In fashioning a remedy under this
subsection, the court shall consider the totality of
the circumstances, including--
``(i) the seriousness of the violation;
``(ii) the impact of the violation on the
proceeding;
``(iii) whether the violation resulted from
innocent error, negligence, recklessness, or
knowing conduct; and
``(iv) the effectiveness of alternative
remedies to protect the interest of the
defendant and of the public in assuring fair
prosecutions and proceedings.
``(2) Defendant's costs.--
``(A) In general.--If the court grants relief under
paragraph (1) on a finding that the violation of
subsection (b) or subsection (c) was due to negligence,
recklessness, or knowing conduct by the United States,
the court may order that the defendant, the attorney
for the defendant, or, subject to paragraph (D), a
qualifying entity recover from the United States the
costs and expenses incurred by the defendant, the
attorney for the defendant, or the qualifying entity as
a result of the violation, including reasonable
attorney's fees (without regard to the terms of any fee
agreement between the defendant and the attorney for
the defendant).
``(B) Qualifying entities.--In this paragraph, the
term `qualifying entity' means--
``(i) a Federal Public Defender
Organization;
``(ii) a Community Defender Organization;
and
``(iii) a fund established to furnish
representation to persons financially unable to
obtain adequate representation in accordance
with section 3006A.
``(C) Source of payments for costs and expenses.--
Costs and expenses ordered by a court under
subparagraph (A)--
``(i) shall be paid by the Executive
agency, as defined in section 105 of title 5,
that brings the criminal prosecution on behalf
of the United States, from funds appropriated
to that Executive agency; and
``(ii) may not be paid from the
appropriation under section 1304 of title 31.
``(D) Payments to qualifying entities.--Costs and
expenses ordered by the court under subparagraph (A) to
a qualifying entity shall be paid--
``(i) to the Community Defender
Organization that provided the appointed
attorney; or
``(ii) in the case of a Federal Public
Defender Organization or an attorney appointed
under section 3006A, to the court for deposit
in the applicable appropriations accounts of
the Judiciary as a reimbursement to the funds
appropriated to carry out section 3006A, to
remain available until expended.
``(i) Standard of Review.--In any appellate proceeding initiated by
a criminal defendant presenting an issue of fact or law under this
section, the reviewing court may not find an error arising from conduct
not in compliance with this section to be harmless unless the United
States demonstrates beyond a reasonable doubt that the error did not
contribute to the verdict obtained.''.
SEC. 2004. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Duty to disclose favorable information.''.
(b) Demands for Production of Statements and Reports of
Witnesses.--Section 3500(a) of title 18, United States Code, is amended
by striking ``In'' and inserting ``Except as provided in section 3014,
in''.
TITLE III--DRUG POLICY REFORM
SEC. 3001. DE-SCHEDULING MARIHUANA.
(a) Marihuana Removed From Schedule of Controlled Substances.--
Subsection (c) of schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
[(1) in paragraph (1)--]
[(A) in subparagraph (F), by inserting ``or'' after
the semicolon;]
[(B) by striking subparagraph (G); and]
[(C) by redesignating subparagraph (H) as
subparagraph (G);]
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(c) 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 (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) 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)''.
(d) 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,''.
SEC. 3002. COMMUNITY REINVESTMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Community Reinvestment
Fund'' (referred to in this section as the ``Fund'').
(b) Deposits.--The Fund shall consist of--
[(1) any amounts not awarded to a covered State because of
a determination under section 3(b)(1); and]
(2) any amounts otherwise appropriated to the Fund.
(c) Use of Fund Amounts.--Amounts in the Fund shall be available to
the Secretary of Housing and Urban Development to establish a grant
program to reinvest in communities most affected by the war on drugs,
which shall include providing grants to impacted communities for
programs such as--
(1) job training;
(2) reentry services;
(3) expenses related to the expungement of convictions;
(4) public libraries;
(5) community centers;
(6) programs and opportunities dedicated to youth;
(7) the special purpose fund discussed below; and
(8) health education programs.
(d) Availability of Fund Amounts.--Amounts in the Fund shall be
available without fiscal year limitation.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for each of fiscal years 2018
through 2040.
SEC. 3003. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In recent years it has become clear that programs
funded by the Edward Byrne Memorial Justice Assistance Grant
program (referred to in this Act as the ``Byrne grants
program'') have perpetuated racial disparities, corruption in
law enforcement, and the commission of civil rights abuses
across the country. This is especially the case when it comes
to the program's funding of hundreds of regional antidrug task
forces because the grants for these antidrug task forces have
been dispensed to State governments with very little Federal
oversight and have been prone to misuse and corruption.
(2) Numerous Government Accountability Office reports have
found that the Department of Justice has inadequately monitored
grants provided under the Byrne grants program. A 2001 General
Accounting Office report found that one-third of the grants did
not contain required monitoring plans. Seventy percent of files
on such grants did not contain required progress reports.
Forty-one percent of such files did not contain financial
reports covering the full grant period. A 2002 report by the
Heritage Foundation reported that ``there is virtually no
evidence'' that the Byrne grants program has been successful in
reducing crime and that the program lacks ``adequate measures
of performance''.
(3) A 2002 report by the American Civil Liberties Union of
Texas identified 17 recent scandals involving antidrug task
forces in Texas that receive funds under the Byrne grants
program. Such scandals include cases of the falsification of
government records, witness tampering, fabricating evidence,
false imprisonment, stealing drugs from evidence lockers,
selling drugs to children, large-scale racial profiling, sexual
harassment, and other abuses of official capacity. Recent
scandals in other States include the misuse of millions of
dollars in Byrne grants program money in Kentucky and
Massachusetts, wrongful convictions based on police perjury in
Missouri, and negotiations with drug offenders to drop or lower
their charges in exchange for money or vehicles in Alabama,
Arkansas, Georgia, Massachusetts, New York, Ohio, and
Wisconsin.
(4) The most well-known Byrne-funded task force scandal
occurred in Tulia, Texas, where dozens of African American
residents (totaling over 16 percent of the town's African
American population) were arrested, prosecuted, and sentenced
to decades in prison, based solely on the uncorroborated
testimony of one undercover officer whose background included
past allegations of misconduct, sexual harassment, unpaid
debts, and habitual use of a racial epithet. The undercover
officer was allowed to work alone, and not required to provide
audiotapes, video surveillance, or eyewitnesses to corroborate
his allegations. Despite the lack of physical evidence or
corroboration, the charges were vigorously prosecuted. After
the first few trials resulted in convictions and lengthy
sentences, many defendants accepted plea bargains. Suspicions
regarding the legitimacy of the charges eventually arose after
two of the accused defendants were able to produce convincing
alibi evidence to prove that they were out of State or at work
at the time of the alleged drug purchases. Texas Governor Rick
Perry eventually pardoned the Tulia defendants (after four
years of imprisonment), but these kinds of scandals continue to
plague Byrne grant program spending.
(5) A case arose in a Federal court in Waco, Texas
concerning the wrongful arrests of 28 African Americans out of
4,500 other residents of Hearne, Texas. In November 2000 these
individuals were arrested on charges of possession or
distribution of crack cocaine, and they subsequently filed a
case against the county government. On May 11, 2005, a
magistrate judge found sufficient evidence that a Byrne-funded
anti-drug task force had routinely targeted African Americans
to hold the county liable for the harm suffered by the
plaintiffs. Plaintiffs in that lawsuit alleged that for the
past 15 years, based on the uncorroborated tales of informants,
task force members annually raided the African American
community in eastern Hearne to arrest the residents identified
by the confidential informants, resulting in the arrest and
prosecution of innocent citizens without cause. On the eve of
trial the counties involved in the Hearne task force scandal
settled the case, agreeing to pay financial damages to the
plaintiffs.
(6) Scandals related to the Byrne grants program have grown
so prolific that the Texas legislature has passed several
reforms in response to them, including outlawing racial
profiling and changing Texas law to prohibit drug offense
convictions based solely on the word of an undercover
informant. The Criminal Jurisprudence Committee of the Texas
House of Representatives issued a report in 2004 recommending
that all of the State's federally funded antidrug task forces
be abolished because they are inherently prone to corruption.
The Committee reported, ``Continuing to sanction task force
operations as stand-alone law enforcement entities--with
widespread authority to operate at will across multiple
jurisdictional lines--should not continue. The current approach
violates practically every sound principle of police oversight
and accountability applicable to narcotics interdiction.'' The
Texas legislature passed a law that ends the ability of a
narcotics task force to operate as an entity with no clear
accountability. The legislation transfers authority for
multicounty drug task forces to the Department of Public Safety
and channels one-quarter of asset forfeiture proceeds received
by the task forces to a special fund to support drug abuse
prevention programs, drug treatment, and other programs
designed to reduce drug use in the county where the assets are
seized.
(7) Texas's ``corroboration'' law was passed thanks to a
coalition of Christian conservatives and civil rights
activists. As one Texas preacher related, requiring
corroboration ``puts a protective hedge around the ninth
commandment, `You shall not bear false witness against your
neighbor.' As long as people bear false witness against their
neighbors, this Biblical law will not be outdated.''
(8) During floor debate, conservative Texas legislators
pointed out that Mosaic law requires corroboration: ``One
witness shall not rise up against a man for any iniquity, or
for any sin, in any sin that he sinneth: at the mouth of two
witnesses, or at the mouth of three witnesses, shall the matter
be established.'' Deuteronomy 19:15. Jesus concurred with the
corroboration rule: ``If thy brother shall trespass against
thee, go and tell him his fault between thee and him alone. . .
. But if he will not hear thee, then take with thee one or two
more, that in the mouth of two or three witnesses every word
may be established.'' Matthew 18:15-16.
(9) Texas's ``corroboration'' law had an immediate positive
impact. Once prosecutors needed more than just the word of one
person to convict someone of a drug offense they began
scrutinizing law enforcement tactics. This new scrutiny led to
the uncovering of massive corruption and civil rights abuse by
the Dallas police force. In what became known nationally as the
``Sheetrock'' scandal, Dallas police officers and undercover
informants were found to have set up dozens of innocent people,
mostly Mexican immigrants, by planting fake drugs on them
consisting of chalk-like material used in Sheetrock and other
brands of wallboard. The revelations led to the dismissal of
over 40 cases (although some of those arrested were already
deported). In April 2005, a former Dallas narcotics detective
was sentenced to five years in prison for his role in the
scheme. Charges against others are pending.
(10) Many regional antidrug task forces receive up to 75
percent of their funding from the Byrne grant program. As such,
the United States Government is accountable for corruption and
civil rights abuses inherent in their operation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) grants under the Byrne grants program should be
prohibited for States that do not exercise effective control
over antidrug task forces;
(2) at a minimum, no State that fails to prohibit criminal
convictions based solely on the testimony of a law enforcement
officer or informants should receive a grant under such
program; and
(3) corroborative evidence, such as video or audio tapes,
drugs, and money, should always be required for such criminal
convictions to be sustained.
SEC. 3004. LIMITATION ON RECEIPT OF BYRNE GRANT FUNDS AND OTHER
DEPARTMENT OF JUSTICE LAW ENFORCEMENT ASSISTANCE.
(a) Limitation.--For any fiscal year, a State shall not receive any
amount that would otherwise be allocated to that State under section
505(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755(a)), or any amount from any other law enforcement
assistance program of the Department of Justice, unless the State--
(1) does not fund any antidrug task forces for that fiscal
year; or
(2) has in effect throughout the State laws that ensure--
(A) a person is not convicted of a drug offense
unless the fact that a drug offense was committed, and
the fact that the person committed that offense, are
each supported by evidence other than the eyewitness
testimony of a law enforcement officer or an individual
acting on behalf of a law enforcement officer; and
(B) a law enforcement officer does not participate
in an antidrug task force unless the honesty and
integrity of that officer is evaluated and found to be
at an appropriately high level.
(b) Regulations.--The Attorney General shall prescribe regulations
to carry out subsection (a).
(c) Reallocation.--Amounts not allocated by reason of subsection
(a) shall be reallocated to States not disqualified by failure to
comply with such subsection.
SEC. 3005. COLLECTION OF DATA.
(a) In General.--A State that receives Federal funds pursuant to
eligibility under section 3(a)(2), with respect to a fiscal year, shall
collect data, for the most recent year for which funds were allocated
to such State, with respect to the--
(1) racial distribution of charges made during that year;
(2) nature of the criminal law specified in the charges
made; and
(3) city or law enforcement jurisdiction in which the
charges were made.
(b) Report.--As a condition of receiving Federal funds pursuant to
section 3(a)(2), a State shall submit to Congress the data collected
under subsection (a) by not later than the date that is 180 days prior
to the date on which such funds are awarded for a fiscal year.
TITLE IV--JUVENILE JUSTICE
SEC. 4001. FINDINGS.
Congress makes the following findings:
(1) Black men and boys face disproportionate hardships that
result in disparities in areas including: education, criminal
justice, health, employment, fatherhood, mentorship, and
violence. These hardships have negative consequences for
national productivity, especially for Black families and
communities.
(2) A Commission to study and examine issues which
disproportionately have a negative impact on Black men and boys
in America will signal that the issues facing the Black male
population are a national priority, will develop solutions to
these hardships, and will help eliminate the obstacles facing
Black men and boys.
(3) A Commission will also be able to investigate potential
civil rights violations affecting this population that attract
national attention.
(4) Black babies are three times more likely to be born in
poverty and rapidly fall behind their White counterparts in
cognitive development.
(5) By fourth grade, Black students are expected to be
three years behind White male students. According to the
Educational Testing Service Policy Informational Center, only
12 percent of Black eighth-grade male students are proficient
in math, compared to 44 percent of White eighth-grade male
students.
(6) The Educational Testing Service Policy Informational
Center also found that nationally, more than 50 percent of
Black male students attending urban schools will drop out.
(7) The low rate of high school retention among Black male
students directly relates to high rates of joblessness and
incarceration among this population. This barrier to employment
exacerbates cycles of poverty, which in turn results in health
inequalities, including higher levels of diabetes, obesity, and
HIV/AIDS. According to a study by the American Academy of Arts
and Sciences, more than 66 percent of Black male dropouts are
expected to serve time in State or Federal prison.
(8) Black men are subjected to unequal profiling by the
police and disproportionately harsh sentences in the judicial
system. The Black male population is six times more likely to
become incarcerated than their White counterparts. Although the
Black male population comprises approximately six percent of
the United States population, of the 2,300,000 people
incarcerated nationwide, 1 million are Black males. Black males
receive ten percent longer Federal sentences than White males
who commit the same crime.
(9) According to the Bureau of Statistics and the Pew
Research Center, Black male unemployment is consistently almost
double that of White male unemployment.
(10) Black fathers are more than twice as likely to live
apart from their children as White fathers.
(11) Young boys with male mentors are more likely to
progress further in school and have greater financial success
in life.
SEC. 4002. COMMISSION ESTABLISHMENT AND MEMBERSHIP.
(a) Establishment.--The Commission on the Social Status of Black
Men and Boys (hereinafter in this Act referred to as ``the
Commission'') is hereby established within the United States Commission
on Civil Rights Office of the Staff Director.
(b) Membership.--The Commission shall consist of 19 members
appointed as follows:
(1) The Senate majority leader shall appoint one member who
is not employed by the Federal Government and is an expert on
issues affecting Black men and boys in America.
(2) The Senate minority leader shall appoint one member who
is not employed by the Federal Government and is an expert on
issues affecting Black men and boys in America.
(3) The House of Representatives majority leader shall
appoint one member who is not employed by the Federal
Government and is an expert on issues affecting Black men and
boys in America.
(4) The House of Representatives minority leader shall
appoint one member who is not employed by the Federal
Government and is an expert on issues affecting Black men and
boys in America.
(5) The Chair of the Congressional Black Caucus (CBC) shall
be a member of the Commission, as well as five additional
Members of the CBC who either sit on the following committees
of relevant jurisdiction or who is an expert on issues
affecting Black men and boys in America, including--
(A) education;
(B) justice and Civil Rights;
(C) healthcare;
(D) labor and employment; and
(E) housing.
(6) The Staff Director from the United States Commission on
Civil Rights shall appoint one member from within the staff of
the United States Commission on Civil Rights who is an expert
in issues relating to Black men and boys.
(7) The Chair of the United States Equal Employment
Opportunity Commission shall appoint one member from within the
staff of the United States Equal Employment Opportunity
Commission who is an expert in equal employment issues
impacting Black men.
(8) The Secretary of Education shall appoint one member
from within the Department of Education who is an expert in
urban education.
(9) The Attorney General of the Department of Justice shall
appoint one member from within the Department of Justice who is
an expert in racial disparities with the criminal justice
system.
(10) The Secretary of Health and Human Services shall
appoint one member from within the Department of Health and
Human Services who is an expert in health issues facing Black
men.
(11) The Secretary of the Department of Housing and Urban
Development shall appoint one member from within the Department
of Housing and Urban Development who is an expert in housing
and development in urban communities.
(12) The Secretary of the Department of Labor shall appoint
one member from within the Department of Labor who is an expert
in labor issues impacting Black men.
(13) The President of the United States shall appoint two
members who are not employed by the Federal Government and are
experts on issues affecting Black men and boys in America.
SEC. 4003. OTHER MATTERS RELATING TO APPOINTMENT; REMOVAL.
(a) Timing of Initial Appointments.--Each initial appointment to
the Commission shall be made no later than 90 days after the Commission
is established. If any appointing authorities fail to appoint a member
to the Commission, their appointment shall be filled by the United
States Commission on Civil Rights.
(b) Terms.--Except as otherwise provided in this section, the term
of a member of the Commission shall be four years. For the purpose of
providing staggered terms, the first term of those members initially
appointed under paragraphs (1) through (5) of section 3 shall be
appointed to two-year terms with all other terms lasting four years.
Members are eligible for consecutive reappointment.
(c) Removal.--A member of the Commission may be removed from the
Commission at any time by the appointing authority should the member
fail to meet Commission responsibilities. Once the seat becomes vacant,
the appointing authority is responsible for filling the vacancy in the
Commission before the next meeting.
(d) Vacancies.--The appointing authority of a member of the
Commission shall either reappoint that member at the end of that
member's term or appoint another person meeting the qualifications for
that appointment. In the event of a vacancy arising during a term, the
appointing authority shall, before the next meeting of the Commission,
appoint a replacement to finish that term.
SEC. 4004. LEADERSHIP ELECTION.
At the first meeting of the Commission each year, the members shall
elect a Chair and a Secretary. A vacancy in the Chair or Secretary
shall be filled by vote of the remaining members. The Chair and
Secretary are eligible for consecutive reappointment.
SEC. 4005. COMMISSION DUTIES AND POWERS.
(a) Study.--The Commission shall make a systematic study of the
conditions affecting Black men and boys, including, but not limited to,
homicide rates, arrest and incarceration rates, poverty, violence,
fatherhood, mentorship, drug abuse, death rates, disparate income and
wealth levels, school performance in all grade levels including
postsecondary levels and college, and health issues. The Commission
shall also document trends under the above topics and report on the
community impacts of relevant government programs within the scope of
the above topics. All reports shall be made public via a Federal agency
website.
(b) Proposal of Measures.--The Commission shall propose measures to
alleviate and remedy the underlying causes of the conditions described
in the subsection (a), which may include recommendations of changes to
the law, recommendations for how to implement related policies, and
recommendations for how to create, develop, or improve upon government
programs.
(c) Suggestions and Comments.--The Commission shall accept
suggestions or comments pertinent to the applicable issues from members
of Congress, governmental agencies, public and private organizations,
and private citizens.
(d) Staff and Administrative Support.--The Office of the Staff
Director of the United States Commission on Civil Rights shall provide
staff and administrative support to the Commission. All entities of the
United States Government shall provide information that is otherwise a
public record at the request of the Commission on Black Men and Boys.
SEC. 4006. COMMISSION MEETING REQUIREMENTS.
(a) First Meeting.--The first meeting of the Commission shall take
place no later than 30 days after the initial members are all
appointed. Meetings shall be focused on significant issues impacting
Black men and boys, for the purpose of initiating research ideas and
delegating research tasks to Commission members to initiate the first
semiannual report.
(b) Quarterly Meetings.--The Commission shall meet quarterly. In
addition to all quarterly meetings, the Commission shall meet at other
times at the call of the Chair or as determined by a majority of
Commission members.
(c) Quorum; Rule for Voting on Final Actions.--A majority of the
members of the Commission constitute a quorum, and an affirmative vote
of a majority of the members present is required for final action.
(d) Expectations for Attendance by Members.--Members are expected
to attend all Commission meetings. In the case of an absence, members
are expected to report to the Chair prior to the meeting and allowance
may be made for an absent member to participate remotely. Members will
still be responsible for fulfilling prior commitments, regardless of
attendance status. If a member is absent twice in a given year, he or
she will be reviewed by the Chair and appointing authority and further
action will be considered, including removal and replacement on the
Commission.
(e) Minutes.--Minutes shall be taken at each meeting by the
Secretary, or in that individual's absence, the Chair shall select
another Commission member to take minutes during that absence. The
Commission shall make its minutes publicly available and accessible not
later than one week after each meeting.
SEC. 4007. ANNUAL REPORT GUIDELINES.
The Commission shall make an annual report, beginning the year of
the first Commission meeting. The report shall address the current
conditions affecting Black men and boys and make recommendations to
address these issues. The report shall be submitted to the President,
the Congress, members of the President's Cabinet, and the chairs of the
appropriate committees of jurisdiction. The Commission shall make the
report publicly available online on a centralized Federal website.
SEC. 4008. COMMISSION COMPENSATION.
Members of the Commission shall serve on the Commission without
compensation.
TITLE V--PARENTAL INCARCERATION (EXCLUDING CASES INVOLVING CRIMES
AGAINST CHILDREN)
SEC. 5001. 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. 4050. 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 `Director' means the Director of the Bureau
of Prisons;
``(3) the term `primary caretaker parent' has the meaning
given the term in section 31903 of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13882); and
``(4) the term `prisoner' means an individual who is
incarcerated in a Federal penal or correctional institution.
``(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; and
``(B) consider any other factor that the office
determines appropriate.
``(c) 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.
``(d) Placement in Segregated Housing Units; Prohibition on
Shackling.--
``(1) Placement in segregated housing units.--
``(A) In general.--A Federal penal or correctional
institution may not place a prisoner who is pregnant or
in the first 8 weeks of postpartum recovery in a
segregated housing unit unless the prisoner presents an
immediate risk of harm to others or herself.
``(B) Restrictions.--Any placement of a prisoner
described in subparagraph (A) in a segregated housing
unit shall be limited and temporary.
``(2) Prohibition on shackling.--A Federal penal or
correctional institution may not use instruments of restraint,
including handcuffs, chains, irons, straitjackets, or similar
items, on a prisoner who is pregnant.
``(e) Parenting Classes.--The Director shall provide parenting
classes to each prisoner who is a primary caretaker parent.
``(f) Trauma-Informed Care.--
``(1) In general.--The Director shall provide trauma-
informed care to each prisoner who is diagnosed with trauma.
``(2) Identification and referral.--The Director shall
provide training to each correctional officer and each other
employee of the Bureau of Prisons who regularly interacts with
prisoners, including health care professionals and instructors,
to enable the employees to identify prisoners with trauma and
refer those prisoners to the proper healthcare professional for
treatment.
``(g) Mentoring by Former Prisoners.--The Director shall promulgate
regulations under which an individual who was formerly incarcerated in
a Federal penal or correctional institution may access such an
institution to--
``(1) act as a mentor for prisoners; and
``(2) assist prisoners in reentry.
``(h) 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.
``(i) 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.
``(j) Inmate Health.--
``(1) 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.
``(2) Gynecologist access.--The Director shall ensure that
female prisoners have access to a gynecologist.
``(k) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall promulgate
regulations 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 herself or himself or others;
and
``(ii) no other correctional officer of the
same sex as the prisoner is available to
assist; and
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i)(I) a prisoner in the restroom
presents a risk of immediate harm to herself or
himself or others; or
``(II) there is a medical emergency in the
restroom; and
``(ii) no other correctional officer of the
appropriate sex is available to assist.
``(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.).''.
(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 Bureau of Prisons may not prohibit a prisoner who
is a primary caretaker parent (as defined in section 4050) or
pregnant from participating in a program of residential
substance abuse treatment provided under paragraph (1) based on
the failure of the individual, before being committed to the
custody of the Bureau, to disclose to any official that the
individual had a substance abuse problem.''.
(c) 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:
``4050. Treatment of primary caretaker parents and other
individuals.''.
SEC. 5002. 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 Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13882); 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).
TITLE VI--SENTENCING REFORM
SEC. 6001. FINDINGS.
Congress makes the following findings:
(1) Mandatory minimum sentences are statutorily prescribed
terms of imprisonment that automatically attach upon conviction
of certain criminal conduct, usually pertaining to drug or
firearm offenses. Absent very narrow criteria for relief, a
sentencing judge is powerless to mandate a term of imprisonment
below the mandatory minimum. Mandatory minimum sentences for
drug offenses rely solely upon the weight of the substance as a
proxy for the degree of involvement of a defendant's role.
(2) In the Anti-Drug Abuse Act of 1986, and at the height
of the public outcry over crack cocaine, Congress acted
hastily, without sufficient hearings, and enacted hard line
penalties that targeted low-level drug offenders. These
penalties included new, long mandatory minimum sentences for
such offenders.
(3) According to the Bureau of Prisons, in 1986, when the
new drug law containing lengthy mandatory minimum sentences
passed, the prison population was 46,055. Today, the Federal
prison population is over 186,094 prisoners, up almost 300
percent in 31 years.
(4) According to the Bureau of Prisons, the cost to keep
one prisoner in Federal prison for one year is over $31,000.
(5) According to the Department of Justice, since the
enactment of mandatory minimum sentencing for drug users, the
Federal Bureau of Prisons budget increased from $876 million in
1987 to about $7.1 billion in 2017.
(6) According to the U.S. Sentencing Commission, between
1995 and 2010, over 400,000 drug offenders were sentenced under
Federal law; of these, almost 250,000 (61 percent) received
mandatory minimum sentences.
(7) According to the U.S. Sentencing Commission, drug
offenders released from prison in 1986 who had been sentenced
before the adoption of mandatory sentences and sentencing
guidelines had served an average of 22 months in prison. In
2010, almost two-thirds of all drug offenders received a
mandatory sentence, with most receiving a 10-year minimum. Most
of these offenders are nonviolent or lower-level offenders with
little or no criminal history: in 2010, 51.6 percent had few or
no prior convictions, 83.6 percent did not have weapons
involved in their offense, and only 6 percent were considered
leaders, managers, or supervisors of drug operations.
(8) Mandatory minimum sentences have consistently been
shown to have a disproportionate impact on African-Americans.
The United States Sentencing Commission, in a 15-year overview
of the Federal sentencing system, concluded that ``mandatory
penalty statutes are used inconsistently'' and
disproportionately affect African-American defendants. African-
American drug defendants are 20 percent more likely to be
sentenced to prison than White drug defendants.
(9) According to the U.S. Sentencing Commission, between
1994 and 2003, the average time served by African-Americans for
a drug offense increased by 62 percent, compared to a 17
percent increase among White drug defendants.
(10) According to the Substance Abuse and Mental Health
Services Administration, government surveys document that drug
use is roughly consistent across racial and ethnic groups.
While there is less data available regarding drug sellers,
research from the Office of National Drug Control Policy and
the National Institute of Justice has found that drug users
generally buy drugs from someone of their own racial or ethnic
background. But, according to the U.S. Sentencing Commission,
over 70 percent of all Federal narcotics offenders sentenced
each year are African-Americans and Hispanic Americans, many of
whom are low-level offenders.
(11) As a result of Federal prosecutors' focus on low-level
drug offenders, the overwhelming majority of individuals
subject to the heightened crack cocaine penalties are African-
American. According to the U.S. Sentencing Commission's 2007
Report to Congress on crack cocaine, only 8.8 percent of
Federal crack cocaine convictions were imposed on White
Americans, while 81.8 percent and 8.4 percent were imposed on
African-Americans and Hispanics, respectively.
(12) According to the U.S. Census, African-Americans
comprise 12 percent of the U.S. population and, according to
the Substance Abuse and Mental Health Services Administration,
about 10 percent of all drug users, but almost 30 percent of
all Federal drug convictions according to the U.S. Sentencing
Commission.
(13) According to the U.S. Sentencing Commission, African-
Americans, on average, now serve almost as much time in Federal
prison for a drug offense (58.7 months) as Whites do for a
violent offense (61.7 months).
(14) According to the U.S. Sentencing Commission, in 2010,
almost 30 percent of women entering Federal prison did so for a
drug offense. Linking drug quantity with punishment severity
has had a particularly profound impact on women, who are more
likely to play peripheral roles in a drug enterprise than men.
However, because prosecutors can attach drug quantities to an
individual regardless of the level of a defendant's
participation in the charged offense, women have been exposed
to increasingly punitive sentences to incarceration.
(15) Low-level and mid-level drug offenders can be
adequately prosecuted by the States and punished or supervised
in treatment as appropriate.
(16) The Departments of Justice, Treasury, and Homeland
Security are the agencies with the greatest capacity to
investigate, prosecute and dismantle the highest level of drug
trafficking organizations. Low-level drug offender
investigations and prosecutions divert Federal personnel and
resources from prosecuting high-level traffickers.
(17) Congress must have the most current information on the
number of prosecutions of high-level and low-level drug
offenders in order to properly reauthorize Federal drug
enforcement programs.
(18) Congress has an obligation to taxpayers to use
sentencing policies that are cost-effective and increase public
safety, in addition to establishing a criminal justice system
that is fair, efficient and provides just sentences for
offenders. Mandatory sentences have not been conclusively shown
to reduce recidivism or deter crime.
(19) Prisons are important and expensive; the limited
resources in the Federal criminal justice system should be used
to protect society by incapacitating dangerous and violent
offenders who pose a threat to public safety. The Federal
judiciary has the expertise and is in the best position to
sentence each offender and determine who should be sent to
Federal prisons and the amount of time each offender should
serve.
SEC. 6002. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL.
A Federal prosecution for an offense under the Controlled
Substances Act, the Controlled Substances Import and Export Act, or for
any conspiracy to commit such an offense, where the offense involves
the illegal distribution or possession of a controlled substance in an
amount less than that amount specified as a minimum for an offense
under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C.
841(b)(1)(A)) or, in the case of any substance containing cocaine or
cocaine base, in an amount less than 500 grams, shall not be commenced
without the prior written approval of the Attorney General.
SEC. 6003. MODIFICATION OF CERTAIN SENTENCING PROVISIONS.
(a) Section 404.--Section 404(a) of the Controlled Substances Act
(21 U.S.C. 844(a)) is amended--
(1) by striking ``not less than 15 days but'';
(2) by striking ``not less than 90 days but''; and
(3) by striking the sentence beginning ``The imposition or
execution of a minimum sentence''.
(b) Section 401.--Section 401(b) of the Controlled Substances Act
(21 U.S.C. 841(b)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which may not be less than 10
years and or more than'' and inserting ``for any term
of years or for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years or more
than life'' the first place it appears;
(C) by striking ``which may not be less than 20
years and not more than life imprisonment'' and
inserting ``for any term of years or for life'';
(D) by inserting ``imprisonment for any term of
years or'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to'';
(E) by striking the sentence beginning ``If any
person commits a violation of this subparagraph''; and
(F) by striking the sentence beginning
``Notwithstanding any other provision of law'' and the
sentence beginning ``No person sentenced''; and
(2) in paragraph (1)(B)--
(A) by striking ``which may not be less than 5
years and'' and inserting ``for'';
(B) by striking ``not less than 20 years or more
than'' and inserting ``for any term of years or to'';
(C) by striking ``which may not be less than 10
years and more than'' and inserting ``for any term of
years or for'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(c) Section 1010.--Section 1010(b) of the Controlled Substances
Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
for'';
(B) by striking ``and if death'' the first place it
appears and all that follows through ``20 years and not
more than life'' the first place it appears;
(C) by striking ``of not less than 20 years and not
more than life imprisonment'' and inserting ``for any
term of years or for life'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''; and
(2) in paragraph (2)--
(A) by striking ``not less than 5 years and'';
(B) by striking ``of not less than twenty years and
not more than'' and inserting ``for any term of years
or for'';
(C) by striking ``of not less than 10 years and not
more than'' and inserting ``for any term of years or
to'';
(D) by inserting ``imprisonment for any term of
years or to'' after ``if death or serious bodily injury
results from the use of such substance shall be
sentenced to''; and
(E) by striking the sentence beginning
``Notwithstanding any other provision of law''.
(d) Section 418.--Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(e) Section 419.--Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended by striking the sentence beginning ``Except to
the extent'' each place it appears and by striking the sentence
beginning ``The mandatory minimum''.
(f) Section 420.--Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended--
(1) in each of subsections (b) and (c), by striking the
sentence beginning ``Except to the extent'';
(2) by striking subsection (e); and
(3) in subsection (f), by striking ``, (c), and (e)'' and
inserting ``and (c)''.
SEC. 6004. ELIGIBILITY FOR RESENTENCING BASED ON CHANGES IN LAW.
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 this 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. 6005. 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 is--
``(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. 6006. 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.
SEC. 6007. AMENDMENTS TO ENHANCED PENALTIES PROVISION.
Section 924(c) of title 18, United States Code, is amended--
(1) in paragraph (1)(C), by striking, ``In the case of a
second or subsequent conviction under this subsection'' and
inserting ``If a person is convicted under this subsection
after a prior conviction under this subsection has become
final'';
(2) in clause (i), by striking ``not less than 25 years''
and inserting ``no greater than 25 years'';
(3) by removing the language ``or drug trafficking crime''
every time it appears;
(4) by removing paragraph (2); and
(5) by renumbering paragraphs (3), (4), and (5) as (2),
(3), and (4), respectively.
SEC. 6008. 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 section
(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 the
following:
``(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.
``(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.
TITLE VII--DEATH PENALTY REFORM
SEC. 7001. REPEAL OF FEDERAL LAWS PROVIDING FOR THE DEATH PENALTY.
(a) Homicide-Related Offenses.--
(1) Murder related to the smuggling of aliens.--Section
274(a)(1)(B)(iv) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(B)(iv)) is amended by striking ``punished by
death or''.
(2) Destruction of aircraft, motor vehicles, or related
facilities resulting in death.--Section 34 of title 18, United
States Code, is amended by striking ``to the death penalty
or''.
(3) Murder committed during a drug-related drive-by
shooting.--Section 36(b)(2)(A) of title 18, United States Code,
is amended by striking ``death or''.
(4) Murder committed at an airport serving international
civil aviation.--Section 37(a) of title 18, United States Code,
is amended, in the matter following paragraph (2), by striking
``punished by death or''.
(5) Murder committed using chemical weapons.--Section
229A(a)(2) of title 18, United States Code, is amended--
(A) in the paragraph heading, by striking ``DEATH
PENALTY'' and inserting ``CAUSING DEATH''; and
(B) by striking ``punished by death or''.
(6) Civil rights offenses resulting in death.--Chapter 13
of title 18, United States Code, is amended--
(A) in section 241, by striking ``, or may be
sentenced to death'';
(B) in section 242, by striking ``, or may be
sentenced to death'';
(C) in section 245(b), by striking ``, or may be
sentenced to death''; and
(D) in section 247(d)(1), by striking ``, or may be
sentenced to death''.
(7) Murder of a member of congress, an important executive
official, or a supreme court justice.--Section 351 of title 18,
United States Code, is amended--
(A) in subsection (b)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period; and
(B) in subsection (d)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period.
(8) Death resulting from offenses involving transportation
of explosives, destruction of government property, or
destruction of property related to foreign or interstate
commerce.--Section 844 of title 18, United States Code, is
amended--
(A) in subsection (d), by striking ``or to the
death penalty'';
(B) in subsection (f)(3), by striking ``subject to
the death penalty, or'';
(C) in subsection (i), by striking ``or to the
death penalty''; and
(D) in subsection (n), by striking ``(other than
the penalty of death)''.
(9) Murder committed by use of a firearm or armor piercing
ammunition during commission of a crime of violence or a drug
trafficking crime.--Section 924 of title 18, United States
Code, is amended--
(A) in subsection (c)(5)(B)(i), by striking
``punished by death or''; and
(B) in subsection (j)(1), by striking ``by death
or''.
(10) Genocide.--Section 1091(b)(1) of title 18, United
States Code, is amended by striking ``death or''.
(11) First degree murder.--Section 1111(b) of title 18,
United States Code, is amended by striking ``by death or''.
(12) Murder by a federal prisoner.--Section 1118 of title
18, United States Code, is amended--
(A) in subsection (a), by striking ``by death or'';
and
(B) in subsection (b), in the third undesignated
paragraph--
(i) by inserting ``or'' before ``an
indeterminate''; and
(ii) by striking ``, or an unexecuted
sentence of death''.
(13) Murder of a state or local law enforcement official or
other person aiding in a federal investigation; murder of a
state correctional officer.--Section 1121 of title 18, United
States Code, is amended--
(A) in subsection (a), by striking ``by sentence of
death or''; and
(B) in subsection (b)(1), by striking ``or death''.
(14) Murder during a kidnapping.--Section 1201(a) of title
18, United States Code, is amended by striking ``death or''.
(15) Murder during a hostage-taking.--Section 1203(a) of
title 18, United States Code, is amended by striking ``death
or''.
(16) Murder with the intent of preventing testimony by a
witness, victim, or informant.--Section 1512(a)(2)(A) of title
18, United States Code, is amended by striking ``the death
penalty or''.
(17) Mailing of injurious articles with intent to kill or
resulting in death.--Section 1716(j)(3) of title 18, United
States Code, is amended by striking ``to the death penalty
or''.
(18) Assassination or kidnapping resulting in the death of
the president or vice president.--Section 1751 of title 18,
United States Code, is amended--
(A) in subsection (b)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period; and
(B) in subsection (d)--
(i) by striking ``(1)''; and
(ii) by striking ``, or (2) by death'' and
all that follows through the end of the
subsection and inserting a period.
(19) Murder for hire.--Section 1958(a) of title 18, United
States Code, is amended by striking ``death or''.
(20) Murder involved in a racketeering offense.--Section
1959(a)(1) of title 18, United States Code, is amended by
striking ``death or''.
(21) Willful wrecking of a train resulting in death.--
Section 1992 of title 18, United States Code, is amended--
(A) in subsection (a), in the matter following
paragraph (10), by striking ``or subject to death,'';
and
(B) in subsection (b), in the matter following
paragraph (3), by striking ``, and if the offense
resulted in the death of any person, the person may be
sentenced to death''.
(22) Bank robbery-related murder or kidnapping.--Section
2113(e) of title 18, United States Code, is amended by striking
``death or''.
(23) Murder related to a carjacking.--Section 2119(3) of
title 18, United States Code, is amended by striking ``, or
sentenced to death''.
(24) Murder related to aggravated child sexual abuse.--
Section 2241(c) of title 18, United States Code, is amended by
striking ``unless the death penalty is imposed,''.
(25) Murder related to sexual abuse.--Section 2245 of title
18, United States Code, is amended by striking ``punished by
death or''.
(26) Murder related to sexual exploitation of children.--
Section 2251(e) of title 18, United States Code, is amended by
striking ``punished by death or''.
(27) Murder committed during an offense against maritime
navigation.--Section 2280(a)(1) of title 18, United States
Code, is amended by striking ``punished by death or''.
(28) Murder committed during an offense against a maritime
fixed platform.--Section 2281(a)(1) of title 18, United States
Code, is amended by striking ``punished by death or''.
(29) Murder using devices or dangerous substances in waters
of the united states.--Section 2282A of title 18, United States
Code, is amended--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
(30) Murder involving the transportation of explosive,
biological, chemical, or radioactive or nuclear materials.--
Section 2283 of title 18, United States Code, is amended--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b).
(31) Murder involving the destruction of vessel or maritime
facility.--Section 2291(d) of title 18, United States Code, is
amended by striking ``to the death penalty or''.
(32) Murder of a united states national in another
country.--Section 2332(a)(1) of title 18, United States Code,
is amended by striking ``death or''.
(33) Murder by the use of a weapon of mass destruction.--
Section 2332a of title 18, United States Code, is amended--
(A) in subsection (a), in the matter following
paragraph (4), by striking ``, and if death results
shall be punished by death'' and all that follows
through the end of the subsection and inserting a
period; and
(B) in subsection (b), by striking ``, and if death
results shall be punished by death'' and all that
follows through the end of the subsection and inserting
a period.
(34) Murder by act of terrorism transcending national
boundaries.--Section 2332b(c)(1)(A) of title 18, United States
Code, is amended by striking ``by death, or''.
(35) Murder involving torture.--Section 2340A(a) of title
18, United States Code, is amended by striking ``punished by
death or''.
(36) Murder involving a war crime.--Section 2441(a) of
title 18, United States Code, is amended by striking ``, and if
death results to the victim, shall also be subject to the
penalty of death''.
(37) Murder related to a continuing criminal enterprise or
related murder of a federal, state, or local law enforcement
officer.--Section 408(e) of the Controlled Substances Act (21
U.S.C. 848(e)) is amended--
(A) in the subsection heading, by striking ``Death
Penalty'' and inserting ``Intentional Killing''; and
(B) in paragraph (1)--
(i) subparagraph (A), by striking ``, or
may be sentenced to death''; and
(ii) in subparagraph (B), by striking ``,
or may be sentenced to death''.
(38) Death resulting from aircraft hijacking.--Section
46502 of title 49, United States Code, is amended--
(A) in subsection (a)(2)(B), by striking ``put to
death or''; and
(B) in subsection (b)(1)(B), by striking ``put to
death or''.
(b) Non-Homicide-Related Offenses.--
(1) Espionage.--Section 794(a) of title 18, United States
Code, is amended by striking ``punished by death or'' and all
that follows before the period and inserting ``imprisoned for
any term of years or for life''.
(2) Treason.--Section 2381 of title 18, United States Code,
is amended by striking ``shall suffer death, or''.
(c) Title 10.--
(1) In general.--Section 856 of title 10 is amended by
inserting before the period at the end the following: ``,
except that the punishment may not include death''.
(2) Offenses.--
(A) Conspiracy.--Section 881(b) of title 10, United
States Code (article 81(b) of the Uniform Code of
Military Justice), is amended by striking ``, if death
results'' and all that follows through the end and
inserting ``as a court-martial or military commission
may direct.''.
(B) Desertion.--Section 885(c) of title 10, United
States Code (article 85(c)), is amended by striking ``,
if the offense is committed in time of war'' and all
that follows through the end and inserting ``as a
court-martial may direct.''.
(C) Assaulting or willfully disobeying superior
commissioned officer.--Section 890 of title 10, United
States Code (article 90), is amended by striking ``, if
the offense is committed in time of war'' and all that
follows and inserting ``as a court-martial may
direct.''.
(D) Mutiny or sedition.--Section 894(b) of title
10, United States Code (article 94(b)), is amended by
striking ``by death or such other punishment''.
(E) Misbehavior before the enemy.--Section 899 of
title 10, United States Code (article 99), is amended
by striking ``by death or such other punishment''.
(F) Subordinate compelling surrender.--Section 900
of title 10, United States Code (article 100), is
amended by striking ``by death or such other
punishment''.
(G) Improper use of countersign.--Section 901 of
title 10, United States Code (article 101), is amended
by striking ``by death or such other punishment''.
(H) Forcing a safeguard.--Section 902 of title 10,
United States Code (article 102), is amended by
striking ``suffer death'' and all that follows and
inserting ``be punished as a court-martial may
direct.''.
(I) Aiding the enemy.--Section 904 of title 10,
United States Code (article 104), is amended by
striking ``suffer death or such other punishment as a
court-martial or military commission may direct'' and
inserting ``be punished as a court-martial or military
commission may direct''.
(J) Spies.--Section 906 of title 10, United States
Code (article 106), is amended by striking ``by death''
and inserting ``by imprisonment for life''.
(K) Espionage.--Section 906a of title 10, United
States Code (article 106a), is amended--
(i) by striking subsections (b) and (c);
(ii) by redesignating paragraphs (2) and
(3) of subsection (a) as subsections (b) and
(c), respectively;
(iii) in subsection (a)--
(I) by striking ``(1)'';
(II) by striking ``paragraph (2)''
and inserting ``subsection (b)'';
(III) by striking ``paragraph (3)''
and inserting ``subsection (c)''; and
(IV) by striking ``as a court-
martial may direct,'' and all that
follows and inserting ``as a court-
martial may direct.'';
(iv) in subsection (b), as so
redesignated--
(I) by striking ``paragraph (1)''
and inserting ``subsection (a)''; and
(II) by redesignating subparagraphs
(A), (B), and (C) as paragraphs (1),
(2), and (3), respectively; and
(v) in subsection (c), as so redesignated,
by striking ``paragraph (1)'' and inserting
``subsection (a)''.
(L) Improper hazarding of vessel.--The text of
section 910 of title 10, United States Code (article
110), is amended to read as follows:
``Any person subject to this chapter who willfully and wrongfully,
or negligently, hazards or suffers to be hazarded any vessel of the
Armed Forces shall be punished as a court-martial may direct.''.
(M) Misbehavior of sentinel.--Section 913 of title
10, United States Code (article 113), is amended by
striking ``, if the offense is committed in time of
war'' and all that follows and inserting ``as a court-
martial may direct.''.
(N) Murder.--Section 918 of title 10, United States
Code (article 118), is amended by striking ``death or
imprisonment for life as a court-martial may direct''
and inserting ``imprisonment for life''.
(O) Death or injury of an unborn child.--Section
919a(a) of title 10, United States Code, is amended--
(i) in paragraph (1), by striking ``, other
than death,''; and
(ii) by striking paragraph (4).
(P) Crimes triable by military commission.--Section
950v(b) of title 10, United States Code, is amended--
(i) in paragraph (1), by striking ``by
death or such other punishment'';
(ii) in paragraph (2), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(iii) in paragraph (7), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(iv) in paragraph (8), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(v) in paragraph (9), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(vi) in paragraph (11)(A), by striking ``,
if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(vii) in paragraph (12)(A), by striking ``,
if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(viii) in paragraph (13)(A), by striking
``, if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(ix) in paragraph (14), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(x) in paragraph (15), by striking ``by
death or such other punishment'';
(xi) in paragraph (17), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(xii) in paragraph (23), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(xiii) in paragraph (24), by striking ``,
if death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.'';
(xiv) in paragraph (27), by striking ``by
death or such other punishment''; and
(xv) in paragraph (28), by striking ``, if
death results'' and all that follows and
inserting ``as a military commission under this
chapter may direct.''
(3) Jurisdictional and procedural matters.--
(A) Dismissed officer's right to trial by court-
martial.--Section 804(a) of title 10, United States
Code (article 4(a) of the Uniform Code of Military
Justice), is amended by striking ``or death''.
(B) Courts-martial classified.--Section 816(1)(A)
of title 10, United States Code (article 10(1)(A)), is
amended by striking ``or, in a case in which the
accused may be sentenced to a penalty of death'' and
all that follows through ``(article 25a)''.
(C) Jurisdiction of general courts-martial.--
Section 818 of title 10, United States Code (article
18), is amended--
(i) in the first sentence by striking
``including the penalty of death when
specifically authorized by this chapter'' and
inserting ``except death''; and
(ii) by striking the third sentence.
(D) Jurisdiction of special courts-martial.--
Section 819 of title 10, United States Code (article
19), is amended in the first sentence by striking ``for
any noncapital offense'' and all that follows and
inserting ``for any offense made punishable by this
chapter.''.
(E) Jurisdiction of summary courts-martial.--
Section 820 of title 10, United States Code (article
20), is amended in the first sentence by striking
``noncapital''.
(F) Number of members in capital cases.--
(i) In general.--Section 825a of title 10,
United States Code (article 25a), is repealed.
(ii) Clerical amendment.--The table of
sections at the beginning of subchapter V of
chapter 47 of title 10, United States Code, is
amended by striking the item relating to
section 825a (article 25a).
(G) Absent and additional members.--Section
829(b)(2) of title 10, United States Code (article
29(b)(2)), is amended by striking ``or, in a case in
which the death penalty may be adjudged'' and all that
follows and inserting a period.
(H) Statute of limitations.--Subsection (a) of
section 843 of title 10, United States Code (article
43), is amended to read as follows:
``(a)(1) A person charged with an offense described in paragraph
(2) may be tried and punished at any time without limitation.
``(2) An offense described in this paragraph is any offense as
follows:
``(A) Absence without leave or missing movement in time of
war.
``(B) Murder.
``(C) Rape.
``(D) A violation of section 881 of this title (article 81)
that results in death to one or more of the victims.
``(E) Desertion or attempt to desert in time of war.
``(F) A violation of section 890 of this title (article 90)
committed in time of war.
``(G) Attempted mutiny, mutiny, sedition, or failure to
suppress or report a mutiny or sedition.
``(H) A violation of section 899 of this title (article
99).
``(I) A violation of section 900 of this title (article
100).
``(J) A violation of section 901 of this title (article
101).
``(K) A violation of section 902 of this title (article
102).
``(L) A violation of section 904 of this title (article
104).
``(M) A violation of section 906 of this title (article
106).
``(N) A violation of section 906a of this title (article
106a).
``(O) A violation of section 910 of this title (article
110) in which the person subject to this chapter willfully and
wrongfully hazarded or suffered to be hazarded any vessel of
the Armed Forces.
``(P) A violation of section 913 of this title (article
113) committed in time of war.''.
(I) Pleas of accused.--Section 845(b) of title 10,
United States Code (article 45(b)), is amended--
(i) by striking the first sentence; and
(ii) by striking ``With respect to any
other charge'' and inserting ``With respect to
any charge''.
(J) Depositions.--Section 849 of title 10, United
States Code (article 49), is amended--
(i) in subsection (d), by striking ``in any
case not capital''; and
(ii) by striking subsections (e) and (f).
(K) Admissibility of records of courts of
inquiry.--Section 850 of title 10, United States Code
(article 50), is amended--
(i) in subsection (a), by striking ``not
capital and''; and
(ii) in subsection (b), by striking
``capital cases or''.
(L) Number of votes required for conviction and
sentencing by court-martial.--Section 852 of title 10,
United States Code (article 52), is amended--
(i) in subsection (a)--
(I) by striking paragraph (1);
(II) by redesignating paragraph (2)
as subsection (a); and
(III) by striking ``any other
offense'' and inserting ``any
offense''; and
(ii) in subsection (b)--
(I) by striking paragraph (1); and
(II) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively.
(M) Record of trial.--Section 854(c)(1)(A) of title
10, United States Code (article 54(c)(1)(A)), is
amended by striking ``death,''.
(N) Forfeiture of pay and allowances during
confinement.--Section 858b(a)(2)(A) of title 10, United
States Code (article 58b(a)(2)(A)), is amended by
striking ``or death''.
(O) Waiver or withdrawal of appeal.--Section 861 of
title 10, United States Code (article 61), is amended--
(i) in subsection (a), by striking ``except
a case in which the sentence as approved under
section 860(c) of this title (article 60(c))
includes death,''; and
(ii) in subsection (b), by striking
``Except in a case in which the sentence as
approved under section 860(c) of this title
(article 60(c)) includes death, the accused''
and inserting ``The accused''.
(P) Review by court of criminal appeals.--Section
866(b) of title 10, United States Code (article 66(b)),
is amended--
(i) in the matter preceding paragraph (1),
by inserting ``in which'' after ``court-
martial'';
(ii) in paragraph (1), by striking ``in
which the sentence, as approved, extends to
death,'' and inserting ``the sentence, as
approved, extends to''; and
(iii) in paragraph (2), by striking
``except in the case of a sentence extending to
death,''.
(Q) Review by court of appeals for the armed
forces.--Section 867(a) of title 10, United States Code
(article 67(a)), is amended--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
(R) Execution of sentence.--Section 871 of title
10, United States Code (article 71), is amended--
(i) by striking subsection (a);
(ii) by redesignating subsection (b) as
subsection (a);
(iii) by striking subsection (c) and
inserting the following:
``(b)(1) If a sentence extends to dismissal or a dishonorable or
bad conduct discharge and if the right of the accused to appellate
review is not waived, and an appeal is not withdrawn, under section 861
of this title (article 61), that part of the sentence extending to
dismissal or a dishonorable or bad conduct discharge may not be
executed until there is a final judgment as to the legality of the
proceedings (and with respect to dismissal, approval under subsection
(a)). A judgment as to legality of the proceedings is final in such
cases when review is completed by a Court of Criminal Appeals and--
``(A) the time for the accused to file a petition for
review by the Court of Appeals for the Armed Forces has expired
and the accused has not filed a timely petition for such review
and the case is not otherwise under review by that Court;
``(B) such a petition is rejected by the Court of Appeals
for the Armed Forces; or
``(C) review is completed in accordance with the judgment
of the Court of Appeals for the Armed Forces and--
``(i) a petition for a writ of certiorari is not
filed within the time limits prescribed by the Supreme
Court;
``(ii) such a petition is rejected by the Supreme
Court; or
``(iii) review is otherwise completed in accordance
with the judgment of the Supreme Court.
``(2) If a sentence extends to dismissal or a dishonorable or bad
conduct discharge and if the right of the accused to appellate review
is waived, or an appeal is withdrawn, under section 861 of this title
(article 61), that part of the sentence extending to dismissal or a bad
conduct or dishonorable discharge may not be executed until review of
the case by a judge advocate (and any action on that review) under
section 864 of this title (article 64) is completed. Any other part of
a court-martial sentence may be ordered executed by the convening
authority or other person acting on the case under section 860 of this
title (article 60) when approved by him under that section.'';
(iv) by redesignating subsection (d) as
subsection (c); and
(v) in subsection (c), as so redesignated,
by striking ``, except a sentence of death''.
(S) General article.--Section 934 of title 10,
United States Code (article 134), is amended by
striking ``crimes and offenses not capital'' and
inserting ``crimes and offenses''.
(T) Jurisdiction of military commissions.--Section
948d of title 10, United States Code, is amended by
striking ``including the penalty of death'' and all
that follows and inserting ``except death.''.
(U) Number of members of military commissions.--
Subsection (a) of section 948m of title 10, United
States Code, is amended to read as follows:
``(a) Number of Members.--A military commission under this chapter
shall have at least 5 members.''.
(V) Number of votes required for sentencing by
military commission.--Section 949m of title 10, United
States Code, is amended--
(i) in subsection (b)--
(I) by striking paragraph (1); and
(II) by redesignating paragraphs
(2) and (3) as paragraphs (1) and (2),
respectively; and
(ii) by striking subsection (c).
(W) Appellate referral for military commissions.--
Section 950c of title 10, United States Code, is
amended--
(i) in subsection (b)(1), by striking
``Except a case in which the sentence as
approved under section 950b of this title
extends to death, an accused'' and inserting
``An accused''; and
(ii) in subsection (c), by striking
``Except in a case in which the sentence as
approved under section 950b of this title
extends to death, the accused'' and inserting
``The accused''.
(X) Execution of sentence by military
commissions.--
(i) In general.--Section 950i of title 10,
United States Code, is amended--
(I) in the section heading, by
striking ``Execution of sentence;
suspension'' and inserting
``Suspension'';
(II) by striking subsections (b)
and (c);
(III) by redesignating subsection
(d) as subsection (b); and
(IV) in subsection (b), as so
redesignated, by striking ``, except a
sentence of death''.
(ii) Clerical amendment.--The table of
sections at the beginning of subchapter VI of
chapter 47A of title 10, United States Code, is
amended by striking the item relating to
section 950i and inserting the following new
item:
``950i. Execution of sentence.''.
(d) Conforming Amendments.--
(1) Repeal of criminal procedures relating to imposition of
death sentence.--
(A) In general.--Chapter 228 of title 18, United
States Code, is repealed.
(B) Clerical amendment.--The table of chapters for
part II of title 18, United States Code, is amended by
striking the item relating to chapter 228.
(2) Other provisions.--
(A) Interception of wire, oral, or electronic
communications.--Section 2516(1)(a) of title 18, United
States Code, is amended by striking ``by death or''.
(B) Release and detention pending judicial
proceedings.--Chapter 207 of title 18, United States
Code, is amended--
(i) in section 3142(f)(1)(B), by striking
``or death''; and
(ii) in section 3146(b)(1)(A)(i), by
striking ``death, life imprisonment,'' and
inserting ``life imprisonment''.
(C) Venue in capital cases.--Chapter 221 of title
18, United States Code, is amended--
(i) by striking section 3235; and
(ii) in the table of sections, by striking
the item relating to section 3235.
(D) Period of limitations.--
(i) In general.--Chapter 213 of title 18,
United States Code, is amended by striking
section 3281 and inserting the following:
``Sec. 3281. Offenses with no period of limitations
``An indictment may be found at any time without limitation for the
following offenses:
``(1) A violation of section 274(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A))
resulting in the death of any person.
``(2) A violation of section 34 of this title.
``(3) A violation of section 36(b)(2)(A) of this title.
``(4) A violation of section 37(a) of this title that
results in the death of any person.
``(5) A violation of section 229A(a)(2) of this title.
``(6) A violation of section 241, 242, 245(b), or 247(a) of
this title that--
``(A) results in death; or
``(B) involved kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(7) A violation of subsection (b) or (d) of section 351
of this title.
``(8) A violation of section 794(a) of this title.
``(9) A violation of subsection (d), (f), or (i) of section
844 of this title that results in the death of any person
(including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by such
subsection).
``(10) An offense punishable under subsection (c)(5)(B)(i)
or (j)(1) of section 924 of this title.
``(11) An offense punishable under section 1091(b)(1) of
this title.
``(12) A violation of section 1111 of this title that is
murder in the first degree.
``(13) A violation of section 1118 of this title.
``(14) A violation of subsection (a) or (b) of section 1121
of this title.
``(15) A violation of section 1201(a) of this title that
results in the death of any person.
``(16) A violation of section 1203(a) of this title that
results in the death of any person.
``(17) An offense punishable under section 1512(a)(3) of
this title that is murder (as that term is defined in section
1111 of this title).
``(18) An offense punishable under section 1716(j)(3) of
this title.
``(19) A violation of subsection (b) or (d) of section 1751
of this title.
``(20) A violation of section 1958(a) of this title that
results in death.
``(21) A violation of section 1959(a) of this title that is
murder.
``(22) A violation of subsection (a) (except for a
violation of paragraph (8), (9), or (10) of such subsection) or
(b) of section 1992 of this title that results in the death of
any person.
``(23) A violation of section 2113(e) of this title that
results in death.
``(24) An offense punishable under section 2119(3) of this
title.
``(25) An offense punishable under section 2245(a) of this
title.
``(26) A violation of section 2251 of this title that
results in the death of a person.
``(27) A violation of section 2280(a)(1) of this title that
results in the death of any person.
``(28) A violation of section 2281(a)(1) of this title that
results in the death of any person.
``(29) A violation of section 2282A(a) of this title that
causes the death of any person.
``(30) A violation of section 2283(a) of this title that
causes the death of any person.
``(31) An offense punishable under section 2291(d) of this
title.
``(32) An offense punishable under section 2332(a)(1) of
this title.
``(33) A violation of subsection (a) or (b) of section
2332a of this title that results in death.
``(34) An offense punishable under section 2332b(c)(1)(A)
of this title.
``(35) A violation of section 2340A(a) of this title that
results in the death of any person.
``(36) A violation of section 2381 of this title.
``(37) A violation of section 2441(a) of this title that
results in the death of the victim.
``(38) A violation of section 408(e) of the Controlled
Substances Act (21 U.S.C. 848(e)).
``(39) An offense punishable under subsection (a)(2)(B) or
(b)(1)(B) of section 46502 of title 49.''.
(ii) Clerical amendment.--The table of
sections for chapter 213 of title 18, United
States Code, is amended by striking the item
relating to section 3281 and inserting the
following:
``3281. Offenses with no period of limitations.''.
SEC. 7002. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.
(a) In General.--Notwithstanding any other provision of law, no
person may be sentenced to death or put to death on or after the date
of enactment of this Act for any violation of Federal law.
(b) Persons Sentenced Before Date of Enactment.--Notwithstanding
any other provision of law, any person sentenced to death before the
date of enactment of this Act for any violation of Federal law shall
serve a sentence of life imprisonment without the possibility of
parole.
TITLE VIII--VOTING
SEC. 8000. SHORT TITLE.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2018''.
(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.
Subtitle A--Voting Rights Advancement
SEC. 8001. SHORT TITLE.
This subtitle may be cited as the ``Voting Rights Advancement Act
of 2018''.
SEC. 8002. VOTING ON INDIAN LANDS.
Section 2 of the Voting Rights Act of 1965 (42 U.S.C. 1973) is
amended by adding at the end the following:
``(c) Voting on Indian Lands.--
``(1) Tribal requests for polling places; polling place
provided.--
``(A) In general.--A representative official of an
Indian tribe, with authorization from the governing
body of the tribe, may request one or more polling
places to be located on the Indian lands of the Indian
tribe. Such request shall be delivered in writing to
the State or political subdivision with responsibility
for assigning polling places at least 6 months prior to
the next election for which the request is made, and
shall specify the location of each requested polling
place.
``(B) Polling places provided.--Each requested
polling place shall be provided by the State or
political subdivision in response to a request made
under paragraph (1), at no expense to the Indian tribe,
if the voting-age population within the geographic area
of the Indian lands relevant to the requested polling
place is at least equal to the smallest voting-age
population served by any other polling place in the
State. Each polling place that is provided under this
subparagraph shall continue to be provided after the
election for which the request was made, until such
time as the Indian tribe that requested that polling
place delivers a written request to the State or
political subdivision asking that such polling place be
withdrawn.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to prevent a State or
political subdivision from providing additional polling
places on Indian lands if no request was made under
subparagraph (A), or if such request was made less than
6 months prior to the next election for which the
request was made.
``(2) Requirement to provide equitable polling locations.--
``(A) In general.--A State or political subdivision
shall provide the same ratio of poll workers and voting
devices, the same rate of pay to poll workers, and the
same days and hours of operation, for polling places
that are located on Indian lands as are provided in
other locations of polling places in the State or
political subdivision.
``(B) Eligibility to vote at a polling location.--A
polling place located on Indian lands shall be open to
voting by all persons who are otherwise eligible to
vote residing within the precinct, voting unit, or
electoral district.
``(C) Federal facilities.--Polling places located
on Indian lands may be designated at--
``(i) a Federal facility, such as Indian
Health Service or Bureau of Indian Affairs
service buildings;
``(ii) any tribal government facility that
meets the requirements of Federal and State law
applied to other polling locations within the
State;
``(iii) a tribally owned building; or
``(iv) another facility that meets the
requirements for polling places in the State.
``(3) Absentee ballots and early voting.--
``(A) In general.--A representative official of an
Indian tribe, with authorization from the governing
body of the Indian tribe, may deliver a request to the
appropriate State or political subdivision that a
location on Indian lands be designated as an absentee
ballot location or an early voting location, and such
State or political subdivision shall grant the request,
at no expense to the Indian tribe, if--
``(i) the requested location on Indian
lands is in a State that permits voting by an
absentee or mail-in ballot or early voting
(also called absentee in-person voting), as the
case may be; and
``(ii) the voting-age population within the
geographic area of Indian lands relevant to the
requested absentee ballot location or early
voting location is at least equal to the
smallest voting-age population served by any
other absentee ballot location or early voting
location in the State.
``(B) Indian lands as absentee ballot location.--If
a location on Indian lands is designated as an absentee
ballot location or an early voting location, absentee
ballots, or early ballots, as the case may be, shall be
provided, at no expense to the Indian tribe, to each
registered voter living in such designated location
without the requirement of an excuse for an absentee
ballot or early voting. Bilingual election materials
and oral language assistance shall be provided if
required by section 203.
``(4) Tribal requests for voter registration agencies.--A
representative official of an Indian tribe, with authorization
from the governing body of the tribe, may request that tribal
government service offices be designated as voter registration
agencies under section 7 of the National Voter Registration Act
of 1993 (52 U.S.C. 20506). Such a request shall be delivered in
writing to the State or political subdivision with
responsibility for assigning polling locations at least 6
months prior to the next election for which the request is
made. Such a request shall be granted if the tribal government
service office meets the requirements of Federal and State law
applied to other designated voter registration agencies within
the State.''.
SEC. 8003. 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. 8004. 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) 15 or more voting rights violations
occurred in the State during the previous 25
calendar years; or
``(ii) 10 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 3 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. 8005. 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) 2 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) 2 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) 2 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 2018.
``(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.--Any change that reduces, consolidates, or relocates
voting locations, including early, absentee, and election-day
voting locations--
``(A) in 1 or more census tracts wherein 2 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.
``(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 3
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. 8006. 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 (20
U.S.C. 7801)).
``(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 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 (42 U.S.C. 12102).''.
(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. 8007. 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;''.
(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); and
(2) by adding 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; or
``(4) the Attorney General certifies that the Attorney
General has received from the appropriate official of the
governing body of a federally recognized Indian tribe--
``(A) a written complaint that efforts to deny or
abridge the right to vote under the color of law on
account of race or color, or in contravention of the
guarantees set forth in section 4(f)(2) are likely to
occur; and
``(B) a written request for the authorization of
Federal observers for elections that occur on Indian
lands;''.
SEC. 8008. 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.''.
SEC. 8009. 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 lands.--The term `Indian lands' means--
``(A) any Indian country of the Indian tribe, as
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 (43 U.S.C. 1601
et seq.), by an Indian tribe that is a Native village
(as defined in section 3 of that Act (43 U.S.C. 1602))
or by a Village Corporation that is associated with the
Indian tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
``(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.
``(2) Indian tribe.--The term `Indian tribe' or `tribe'
means any American Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the
Interior acknowledges to exist as a federally recognized Indian
tribe under the Federally Recognized Indian Tribe List Act of
1994 (25 U.S.C. 479a et seq.).
``(3) 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. 8010. BILINGUAL ELECTION REQUIREMENTS.
Section 203(c) of the Voting Rights Act of 1965 (52 U.S.C.
10503(c)) is amended by striking ``or in the case of Alaskan natives
and American Indians, if the predominant language is historically
unwritten'' and inserting ``(as of the date on which the materials or
information is provided)''.
SEC. 8011. 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).
(d) No Effect on Redistricting Plans Enacted Pursuant to Court
Order.--This section does not apply with respect to any subsequent
Congressional redistricting plan described in subsection (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.).
SEC. 8012. 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, 2015; 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, 2015.''.
SEC. 8013. TRIBAL VOTING CONSULTATION.
The Attorney General shall consult annually with tribal
organizations regarding issues related to voting for members of an
Indian tribe (as defined under section 21 of the Voting Rights Act of
1965, as added by section 8009 of this Act).
Subtitle B--Promoting Internet Registration
SEC. 8100. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration
Modernization Act of 2018''.
PART 1--PROMOTING INTERNET REGISTRATION
SEC. 8101. 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 in electronic form 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 provides a signature in electronic
form in accordance with subsection (c) (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) Signatures in Electronic Form.--For purposes of this section,
an individual provides a signature in electronic form by--
``(1) executing a computerized mark in the signature field
on an online voter registration application; or
``(2) submitting with the application an electronic copy of
the individual's handwritten signature through electronic
means.
``(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. 8102. 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. 8103. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
E-Mail 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. 8104. 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. 8105. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made by section
8104) shall take effect January 1, 2020.
(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,
2022''.
PART 2--AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS
SEC. 8111. AUTOMATED VOTER REGISTRATION.
(a) Collection of Information by Source Agencies.--
(1) Duties of source agencies.--Each source agency in a
State (as defined in subsection (e)) shall, with each
application for services or assistance by an individual, and
with each recertification, renewal, or change of address
relating to such services or assistance--
(A) notify each such individual of the substantive
qualifications of an elector in the State, using
language approved by the State's chief election
official;
(B) notify each such individual that there is an
opportunity to be registered to vote or update voter
registration, but that voter registration is voluntary,
and that 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;
(C) require that each such individual indicate,
after considering the substantive qualification of an
elector in the State, whether or not the person wishes
to be registered;
(D) ensure that each such individual's transaction
with the agency cannot be completed until the
individual has indicated whether he or she wishes to
register to vote; and
(E) for each such individual who consents to using
the individual's records with the source agency to
enable the individual to register to vote under this
section, collect a signed affirmation of eligibility to
register to vote in the State.
(2) No effect on right to decline voter registration.--
Nothing in this part shall be construed to interfere with the
right of any person to decline to be registered to vote for any
reason.
(b) Transfer of Information on Individuals Consenting to Voter
Registration.--
(1) Transfer.--For each individual who notifies the source
agency that the individual consents to voter registration under
this section, the source agency shall transfer to the chief
State election official of the State the following data, to the
extent the data is available to the source agency:
(A) The given name or names and surname or
surnames.
(B) Date of birth.
(C) Residential address.
(D) Mailing address.
(E) Signature, in electronic form.
(F) Date of the last change to the information.
(G) The motor vehicle driver's license number.
(H) The last four digits of the Social Security
number.
(2) Timing of transfer.--The source agency shall transfer
the data described in paragraph (1) to the chief State election
official on a daily basis.
(3) Format.--The data transferred under paragraph (1) shall
be transferred in a format compatible with the Statewide
computerized voter registration list under section 303 of the
Help America Vote Act of 2002.
(4) Prohibiting storage of information.--Any information
collected by the source agency under this section with respect
to an individual who consents to register to vote under this
section may not be stored by the source agency in any form
after the information is transferred to the chief State
election official under paragraph (1).
(c) Registration of Individuals by Chief State Election Official.--
(1) Comparison with statewide voter registration list.--
Upon receiving information from a source agency with respect to
an individual under subsection (b), the chief State election
official shall determine whether the individual is included in
the computerized Statewide voter registration list established
and maintained under section 303 of the Help America Vote Act
of 2002 (52 U.S.C. 21083).
(2) Registration of individuals not on statewide list.--If
an individual for whom information is received from a source
agency under subsection (b) is eligible to vote in elections
for Federal office in the State and is not on the computerized
Statewide voter registration list, the chief State election
official shall--
(A) ensure that the individual is registered to
vote in such elections not later than 5 days after
receiving the information, without regard to whether or
not the information provided by the source agency
includes the individual's signature;
(B) update the Statewide computerized voter
registration list to include the individual; and
(C) notify the individual that the individual is
registered to vote in elections for Federal office in
the State.
(3) Treatment of information incorrectly provided.--If a
source agency provides the chief State election official with
information with respect to an individual who did not consent
to be registered to vote under this section, the chief State
election official shall not take any action to register the
individual to vote, except that no such individual who is
already included on the computerized Statewide voter
registration list shall be removed from the list solely because
the information was incorrectly provided under subsection (b).
(4) No effect on other means of registration.--Nothing in
this section affects a State's obligation to register voters
upon receipt of a valid voter registration application through
means provided by National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.), the internet registration procedure
described in part 1, or other valid means.
(5) Individuals in existing records.--No later than January
2021, each individual who is listed in a source agency's
records and for whom there exists reason to believe the
individual is a citizen and not otherwise ineligible to vote
shall be mailed a postage pre-paid return postcard including a
box for the individual to check, together with the statement
(in close proximity to the box and in prominent type), ``By
checking this box, I affirm that I am a citizen of the United
States, am eligible to vote in this State, and will be at least
eighteen years old by the next general election. I understand
that by checking this box, I will be registered to vote if I am
eligible to vote in the State.'', along with a clear
description of the voting eligibility requirements in the
State. The postcard shall also include, where required for
voter registration, a place for the individual's signature and
designation of party affiliation. An individual who checks the
box and returns the completed postcard postmarked not later
than the lesser of the fifteenth day before an election for
Federal office, or the period provided by State law, shall be
registered to vote in that election.
(d) Options for State To Require Special Treatment of Individuals
Registered Automatically.--
(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)), as amended by section 8101(b)(1), is
amended by striking ``of 1993'' and inserting ``of 1993 or (at
the option of the State) was registered automatically under
section 8111 of the Voter Registration Modernization Act of
2018''.
(2) Requiring signature.--Section 303(b) of such Act (52
U.S.C. 21083(b)), as amended by section 8101(b)(2), is
amended--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following
new paragraph:
``(5) Option for state to require signature requirements
for first-time voters registered automatically.--
``(A) In general.--A State may, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual was registered to vote
in the State automatically under section 8111
of the Voter Registration Modernization Act of
2018; 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)), as
amended by section 101(b)(3), is amended by striking
``subsection (b)(5)'' and inserting ``subsections (b)(5) and
(b)(6)''.
(e) Source Agencies Described.--
(1) In general.--With respect to any State, a ``source
agency'' is--
(A) each State office which is described in
paragraph (2); and
(B) each Federal office which is described in
paragraph (3) which is located in the State, except
that such office shall be a source agency only with
respect to individuals who are residents of the State
in which the office is located.
(2) State offices described.--
(A) In general.--The State offices described in
this paragraph are as follows:
(i) The State motor vehicle authority.
(ii) Each office in the State which is
designated as a voter registration agency in a
State pursuant to section 7(a) of the National
Voter Registration Act of 1993 (52 U.S.C.
20506(a)).
(iii) Each State agency that administers a
program providing assistance pursuant to
pursuant to title III of the Social Security
Act (42 U.S.C. 501 et seq.).
(iv) Each State agency primarily
responsible for maintaining identifying
information for students enrolled at public
secondary schools in the State, including,
where applicable, the State agency responsible
for maintaining the education data system
described in section 6401(e)(2) of the America
COMPETES Act (20 U.S.C. 9871(e)(2)).
(v) In the case of a State in which an
individual disenfranchised by a criminal
conviction may become eligible to vote upon
completion of 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.
(vi) In the case of a State in which an
individual disenfranchised by adjudication of
mental incompetence or similar condition
becomes eligible to register to vote upon the
restoration of competence or similar condition,
each State agency responsible for determining
when competence or a similar condition is met.
(vii) Such other office which may be
designated as a source agency by the chief
State election official of the State.
(B) Criteria for designation of additional source
agencies.--In designating offices of the State as
source agencies for purposes of subparagraph (A)(vii),
the chief State election official shall give priority
on the basis of the following criteria:
(i) The extent to which individuals
receiving services or assistance from the
office are likely to be individuals who are
eligible to register to vote in elections for
Federal office in the State but who are not
registered to vote in such elections.
(ii) The accuracy of the office's records
with respect to identifying information
(including age, citizenship status, and
residency) for individuals receiving services
or assistance from the office.
(iii) The cost-effectiveness of obtaining
such identifying information and transmitting
the information to the chief State election
official.
(iv) The extent to which the designation of
the office as a voter registration agency will
promote the registration of eligible
individuals to vote in elections for Federal
office in the State and the accuracy of the
State's Statewide computerized voter
registration list under the Help America Vote
Act of 2002.
(3) Federal offices described.--The Federal offices
described in this paragraph are as follows:
(A) Armed Forces recruitment offices.
(B) The United States Immigration and Customs
Enforcement Bureau, but only with respect to
individuals who complete the naturalization process.
(C) The Social Security Administration.
(D) The Administrative Office of the United States
Courts, the Federal Bureau of Prisons, and the United
States Probation Service, but only with respect to
individuals completing terms of prison, sentences,
probation, or parole.
(E) The Department of Veterans Affairs, but only
with respect to individuals applying for or using
health care services or services for homeless
individuals.
(F) The Defense Manpower Data Center of the
Department of Defense.
(G) The Indian Health Services of the Department of
Health and Human Services.
(H) The Center for Medicare and Medicaid Services
of the Department of Health and Human Services.
(I) Any other Federal office which designated by a
State (with the consent of the President) as a source
agency with respect to the State.
SEC. 8112. LIST MAINTENANCE, PRIVACY, AND SECURITY.
(a) Database Management Standards.--
(1) Database matching standards.--The chief State election
official of each State shall establish standards governing the
comparison of data on the Statewide computerized voter
registration list under section 303 of the Help America Vote
Act of 2002, the data provided by various source agencies under
section 8111, and relevant data from other sources, including
the specific data elements and data matching rules to be used
for purposes of determining--
(A) whether a data record from any source agency
represents the same individual as a record in another
source agency or on the Statewide list;
(B) whether a data record from any source agency
represents an individual already registered to vote in
the State;
(C) whether two data records in the Statewide
computerized voter registration list represent
duplicate records for the same individual;
(D) whether a data record supplied by any list
maintenance source represents an individual already
registered to vote in the State; and
(E) which information will be treated as more
current and reliable when data records from multiple
sources present information for the same individual.
(2) Standards for determining ineligibility.--The chief
State election official of a State shall establish uniform and
non-discriminatory standards describing the specific conditions
under which an individual will be determined for list
maintenance purposes to be ineligible to vote in an election
for Federal office in the State.
(b) Privacy and Security Standards.--
(1) Privacy and security policy.--The chief State election
official of a State shall publish and enforce a privacy and
security policy specifying each class of users who shall have
authorized access to the computerized Statewide voter
registration list, specifying for each such class the
permission and levels of access to be granted, and setting
forth other safeguards to protect the privacy and security of
the information on the list. Such policy shall include security
safeguards to protect personal information in the data transfer
process under section 8111, the online or telephone interface,
the maintenance of the voter registration database, and audit
procedure to track individual access to the system.
(2) No unauthorized access.--The chief election official of
a State shall establish policies and enforcement procedures to
prevent unauthorized access to or use of the computerized
Statewide voter registration list, any list or other
information provided by a source agency under section 8111, or
any maintenance source for the list. Nothing in this paragraph
shall be construed to prohibit access to information required
for official purposes for purposes of voter registration,
election administration, and the enforcement of election laws.
(3) Inter-agency transfers.--
(A) In general.--The chief election official of a
State shall establish policies and enforcement
procedures to maintain security during inter-agency
transfers of information required or permitted under
this subtitle. Each State agency and third party
participating in such inter-agency transfers of
information shall facilitate and comply with such
policies. Nothing in this subparagraph shall prevent a
source agency under section 8111 from establishing and
enforcing additional security measures to protect the
confidentiality and integrity of inter-agency data
transfers. No State or local election official shall
transfer or facilitate the transfer of information from
the computerized Statewide voter registration list to
any source agency under section 8111.
(B) Transmission through secure third parties
permitted.--Nothing in this section shall be construed
to prevent a source agency under section 8111 from
contracting with a third party to assist in the
transmission of data to a chief State election
official, so long as the data transmission complies
with the applicable requirements of this subtitle,
including the privacy and security provisions of this
section.
(4) Records retention.--The chief State election official
of a State shall establish standards and procedures to maintain
all election records required for purposes of this subtitle,
including for the purpose of determining the eligibility of
persons casting provisional ballots under section 302 of the
Help America Vote Act of 2002. Records for individuals who have
been retained on the computerized Statewide voter registration
list under section 303 of such Act but identified as ineligible
to vote in an election for Federal office within the State, or
removed from the list due to ineligibility, shall be maintained
and kept available until at least the date of the second
general election for Federal office that occurs after the date
that the individual was identified as ineligible.
(c) Publication of Standards.--The chief State election official of
a State shall publish on the official's website the standards
established under this section, and shall make those standards
available in written form upon public request.
(d) Protection of Source Information.--The identity of the specific
source agency through which an individual consented to register to vote
under section 8111 shall not be disclosed to the public and shall not
be retained after the individual is added to the computerized Statewide
voter registration list.
(e) Confidentiality of Information.--The chief State election
official of a State shall establish policies and enforcement procedures
to ensure that personal information provided by source agencies or
otherwise transmitted under this section is kept confidential and is
available only to authorized users. For purposes of these policies and
procedures, the term ``personal information'' means any of the
following:
(1) Any portion of an individual's Social Security number.
(2) Any portion of an individual's motor vehicle driver's
license number or State identification card number.
(3) An individual's signature.
(4) An individual's personal residence and contact
information (in the case of individuals with respect to whom
such information is required to be maintained as confidential
under State law).
(5) Sensitive information relating to persons in categories
designated confidential by Federal or State law, including
victims of domestic violence or stalking, prosecutors and law
enforcement personnel, and participants in a witness protection
program.
(6) An individual's phone number.
(7) An individual's email address.
(8) Any indication of an individual's status as a citizen
or noncitizen of the United States.
(9) Such other information as the chief State election
official may designate as confidential to the extent reasonably
necessary to prevent identity theft or impersonation, except
that the chief State election official may not designate as
confidential under this subparagraph the name, address, or date
of registration of an individual, or, where applicable, the
self-identified racial or ethnic category of the individual as
applicable under Revisions to OMB Directive Number 15 or
successor directives.
(f) Protections Against Liability of Individuals on Basis of
Information Transferred.--
(1) No individual liability for registration of ineligible
individual.--If an individual who is not eligible to register
to vote in elections for Federal office is registered to vote
in such elections by a chief State election official under
section 8111, the individual shall not be subject to any
penalty, including the imposition of a fine or term of
imprisonment, adverse treatment in any immigration or
naturalization proceeding, or the denial of any status under
immigration laws, under any law prohibiting an individual who
is not eligible to register to vote in elections for Federal
office from registering to vote in such elections. Nothing in
this paragraph shall be construed to waive the liability of any
individual who knowingly provides false information to any
person regarding the individual's eligibility to register to
vote or vote in elections for Federal office.
(2) Prohibiting use of information by officials.--No person
acting under color of law may use the information received by
the chief State election official under section 8111 to attempt
to determine the citizenship status of any individual for
immigration enforcement, criminal law enforcement (other than
enforcement of election laws), or any purpose other than voter
registration, election administration, or the enforcement of
election laws.
(g) Prohibition on Transfer of Information Irrelevant to
Administration of Elections.--No source agency shall transmit any
information under section 8111 which is irrelevant to the
administration of elections. To the extent that an election official
receives any information which is accidentally or inadvertently
transferred by a source agency under such section, the official shall
immediately delete the information from the official's records.
(h) Restriction on Use of Information.--No information relating to
an individual's absence from the Statewide voter registration list
under section 303 of the Help America Vote Act of 2002 or an
individual's declination to supply information for voter registration
purposes to a source agency under section 8111 may be disclosed to the
public for immigration enforcement, criminal law enforcement other than
enforcement of laws against election crimes, or used for any purpose
other than voter registration, election administration, or the
enforcement of election laws.
(i) Nondiscrimination.--No person acting under color of law may
discriminate against any individual on the basis of the individual's
absence from the statewide voter registration list, the information
supplied by the individual for voter registration purpose to a source
agency under section 8111, or the individual's declination to supply
such information, except as required for purposes of voter
registration, election administration, and the enforcement of election
laws.
(j) Prohibition on the Use of Voter Registration Information for
Commercial or Nongovernmental Purposes.--Voter registration information
collected under this subtitle shall not be used for commercial purposes
including for comparison with any existing commercial list or database.
(k) Penalty.--Whoever knowingly uses information or permits
information to be used in violation of this section shall be imprisoned
for not more than 1 year, fined under title 18, United States Code, or
both.
(l) Exclusion From Lists of Individuals Declining Registration.--
The chief State election official of a State shall ensure that, with
respect to any individual who declines the opportunity to register to
vote under section 8111, the individual's information is not included
on the computerized Statewide voter registration list under section 303
of the Help America Vote Act of 2002 and is not provided to any third
party (except to the extent required under other law). Nothing in this
subsection shall be construed to preclude an individual who has
previously declined the opportunity to register to vote from
subsequently registering to vote.
(m) Assistance to States for Carrying Out List Security,
Maintenance, and Privacy Requirements.--
(1) Authorization of funding.--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 fiscal year 2020, such sums as may be necessary
for such payments, except that a State may use a requirement
payment made with funds authorized under this paragraph solely
to upgrade the security of the State's voter registration lists
and voter registration processes and to carry out other
activities necessary to meet the requirements of section
303(a)(3) (relating to the technological security of the
State's computerized voter registration list) and the
requirements of the Voter Registration Modernization Act of
2018.''.
(2) Waiver of 5 percent match requirement.--Section
253(b)(5) of such Act (52 U.S.C. 21003(b)(5)) is amended--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)''; and
(B) by adding at the end the following new
subparagraph:
``(C) Subparagraph (A) shall not apply for purposes of
determining the eligibility of a State to receive a
requirements payment appropriated pursuant to the authorization
provided under section 257(a)(5) for fiscal year 2020.''.
SEC. 8113. PROMOTING ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS.
(a) Deadlines for Transmittal of Change of Address or Other
Identifying Information.--
(1) Information received by state motor vehicle
authority.--Section 5(d) of the National Voter Registration Act
of 1993 (52 U.S.C. 20504(d)) is amended to read as follows:
``(d) Automatic Transmittal of Change of Address or Other
Identifying Information.--Not later than 24 hours after receiving a
change of address form or any other information indicating that
identifying information with respect to an individual which is included
in the records of the State motor vehicle authority has been changed,
the State motor vehicle authority shall transmit such form or other
information to the chief State election official, unless--
``(1) the records of the authority include information
indicating that the individual is not eligible to register to
vote in the State; or
``(2) the individual States on the form or otherwise
indicates that the change of address or other information is
not for voter registration purposes.''.
(2) Information received by other voter registration
agencies.--Section 7 of such Act (52 U.S.C. 20506) is amended
by adding at the end the following new subsection:
``(e) Automatic Transmittal of Change of Address or Other
Identifying Information.--Not later than 24 hours after receiving a
change of address form or any other information indicating that
identifying information with respect to an individual which is included
in the records of a voter registration agency designated under this
section has been changed, the appropriate official of such agency shall
transmit such form or other information to the chief State election
official, unless--
``(1) the records of the agency include information
indicating that the individual is not eligible to register to
vote in the State; or
``(2) the individual States on the form or otherwise
indicates that the change of address or other information is
not for voter registration purposes.''.
(3) Information received from source agencies.--Not later
than 24 hours after receiving a change of address form or any
other information indicating that identifying information with
respect to an individual which is included in the records of a
source agency designated under section 8111 has been changed,
the appropriate official of such agency shall transmit such
form or other information to the chief State election official,
unless--
(A) the records of the agency include information
indicating that the individual is not eligible to
register to vote in the State; or
(B) the individual States on the form or otherwise
indicates that the change of address or other
information is not for voter registration purposes.
(b) Revision of Statewide Computerized List To Reflect Revised
Information.--Section 303(a) of the Help America Vote Act of 2002 (52
U.S.C. 21083(a)), as amended by section 102(a), is amended by adding at
the end the following new paragraph:
``(7) Revision of list to reflect information received from
other state offices.--
``(A) In general.--If a State motor vehicle
authority (pursuant to section 5(d) of the National
Voter Registration Act of 1993) a voter registration
agency (designated under section 7 of such Act), or a
source agency (designated under section 8111 of the
Voter Registration Modernization Act of 2018) transmits
to the chief State election official a change of
address form or any other information indicating that
identifying information with respect to an individual
has been changed, the appropriate State or local
election official shall--
``(i) determine whether the individual
appears on the computerized list established
under this section; and
``(ii) if the individual appears on the
list, revise the information relating to the
individual on the list to reflect the
individual's new address or other changed
identifying information.
``(B) Notification to voters.--If an election
official revises any voter registration information on
the computerized list with respect to any voter
(including removing the voter from the list),
immediately after revising the information, the
official shall send the individual a written notice of
the revision which includes the following information:
``(i) The voter's name, date of birth, and
address, as reflected in the revised
information on the computerized list.
``(ii) A statement that the voter's voter
registration information has been updated.
``(iii) Information on how to correct
information on the computerized list.
``(iv) A statement of the eligibility
requirements for registered voters in the
State.
``(v) A statement (in larger font size than
the other statements on the notice) that it is
illegal for an individual who does not meet the
eligibility requirements for registered voters
in the State to vote in an election in the
State.
``(vi) A statement that the voter may
terminate the voter's status as a registered
voter in the State, or request a change in the
voter's voter registration information, at any
time by contacting the appropriate State or
local election official, together with contact
information for such official (including any
website through which the voter may contact the
official or obtain information on voter
registration in the State).
``(C) Use of electronic mail.--If an election
official has an electronic mail address for any voter
to whom the official is required to send a written
notice under this paragraph, the official may meet the
requirements of this paragraph by sending the notice to
the voter in electronic form at that address, but only
if prior to sending the notice, the official sends a
test electronic mail to the voter at that address and
receives confirmation that the address is current and
valid.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2020 or any succeeding
year.
SEC. 8114. DEFINITIONS.
(a) Chief State Election Official.--In this part, the ``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.
(b) State.--In this part, 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.
SEC. 8115. EFFECTIVE DATE.
This part and the amendments made by this part shall apply with
respect to the regularly scheduled general election for Federal office
held in November 2020 and each succeeding election for Federal office.
PART 3--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION
SEC. 8121. 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; 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 Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) 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. Same day registration.''.
SEC. 8122. 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 8104,
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, 2020.
SEC. 8123. 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
section 8111.
(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 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 of
the individuals whose information is included in the category, to the
extent that information on the race 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.
PART 4--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS
SEC. 8131. 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 2018, 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 2018.''.
(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 2020 and each succeeding fiscal year.
PART 5--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 8141. 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 aiding
another person in registering to vote in any election for Federal
office.
``(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.
``(d) Election for Federal Office Defined.--For purposes of this
section, the term `election for Federal office' means a general,
special, primary, or runoff election held to nominate or elect a
candidate for the office of President or Vice President, presidential
elector, or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress.''.
(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. 8142. 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 8141), 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.''.
Subtitle C--Access to Voting for Individuals With Disabilities
SEC. 8201. 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.), as amended by section 8121, is
amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; 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 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.
``(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) 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.
``(g) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2020.''.
(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, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 8121(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; 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. 8202. 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 2020, 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 2018 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. 8203. 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 2020 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 2020 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).''.
Subtitle D--Prohibiting Voter Caging
SEC. 8301. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 8141(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 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 8141(b), is amended
by adding at the end the following:
``613. Voter caging and other questionable challenges.''.
SEC. 8302. 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 8301(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 8142(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.''.
SEC. 8303. SEVERABILITY.
If any provision of this subtitle or any amendment made by this
subtitle, or the application of a provision 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 to any person or circumstance, shall not be affected
by the holding.
Subtitle E--Prohibiting Deceptive Practices
SEC. 8401. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 8141(a) and section 8301(a), is amended by adding at
the end the following:
``Sec. 614. False election-related information in Federal elections
``(a) A person, including an election official, who in any election
for Federal office knowingly and willfully deprives, defrauds, or
attempts to deprive or defraud the residents of a State of their free
and fair exercise of the right to vote by the communication of
election-related information that is known by the person to be
materially false, fictitious, or fraudulent shall be fined under this
title or imprisoned not more than 1 year, or both.
``(b) As used in this section--
``(1) the term `election for Federal office' means any
general, primary, runoff, or special election for the office of
President, Vice President, presidential elector, Member of the
Senate, Member of the House of Representatives, or Delegate or
Resident Commissioner to the Congress; and
``(2) the term `election-related information' means any
oral or written communication regarding--
``(A) the time or place of an election for Federal
office;
``(B) criminal penalties associated with voting in
such an election;
``(C) an individual's voter registration status or
eligibility to vote in such an election; or
``(D) the explicit endorsement by any person or
organization of a candidate in such an election.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 8141(b) and section
8301(b), is amended by adding at the end the following new item:
``614. False election-related information in Federal elections.''.
SEC. 8402. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.
Section 594 of title 18, United States Code, is amended by striking
``one year'' and inserting ``5 years''.
SEC. 8403. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 90 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 any
sections of title 18, United States Code, that are added or modified by
this Act.
(b) Authorization.--The United States Sentencing Commission may,
for the purposes of the amendments made pursuant to this subtitle,
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.
SEC. 8404. REPORTING VIOLATIONS; CORRECTIVE ACTION.
(a) Reporting.--Any person may submit a report to the Attorney
General regarding any violation or possible violation of section 594 or
section 614 of title 18, United States Code (as added by section
8401(a)).
(b) Corrective Action.--
(1) In general.--Immediately after receiving a report under
subsection (a), the Attorney General shall consider and review
the report, and if the Attorney General determines that there
is a reasonable basis to find that a violation included in the
report has occurred, the Attorney General shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
false information; and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution or civil
action after the election involved.
(2) Regulations.--The Attorney General shall promulgate
regulations regarding the methods and means of corrective
actions to be taken under paragraph (1). Such regulations shall
be developed in consultation with the Election Assistance
Commission, civil rights organizations, voting rights groups,
State and local election officials, voter protection groups,
and other interested community organizations.
(3) Study and report on methods of disseminating corrective
information.--
(A) In general.--The Attorney General, in
consultation with the Federal Communications Commission
and the Election Assistance Commission, shall conduct a
study on the feasibility of providing the corrective
information under paragraph (1) through public service
announcements, the emergency alert system, or other
forms of public broadcast.
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General
shall submit to Congress a report detailing the results
of the study conducted under subparagraph (A).
(4) Publicizing availability of remedies.--The Attorney
General shall make public through the Internet, radio,
television, and newspaper advertisements information on the
responsibilities, contact information, and complaint procedures
applicable under this section.
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any election
with respect to which a report has been submitted under
subsection (a), the Attorney General shall submit to Congress a
report compiling all such reports submitted under subsection
(a) with respect to that election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations;
(ii) statistical compilations of how many
allegations were made and of what type;
(iii) the geographic locations of and the
populations affected by the alleged violations;
(iv) the status of the investigations of
such allegations;
(v) any corrective actions taken in
response to such allegations;
(vi) the rationale used for any corrective
actions or for any refusal to pursue an
allegation;
(vii) the effectiveness of any such
corrective actions;
(viii) whether a Voting Integrity Task
Force was established with respect to such
election, and, if so, how such task force was
staffed and funded;
(ix) any referrals of information to other
Federal, State, or local agencies; and
(x) any criminal prosecution instituted
under title 18, United States Code, in
connection with such allegations.
(3) Report made public.--On the date that the Attorney
General submits the report under paragraph (1), the Attorney
General shall also make the report publicly available through
the Internet and other appropriate means.
(d) Delegation of Duties.--
(1) Use of voting integrity task force.--The Attorney
General shall delegate the responsibilities under this section
with respect to a particular election to a Voting Integrity
Task Force established by the Attorney General for such
purpose.
(2) Composition.--A Voting Integrity Task Force established
under paragraph (1) shall be under the direction of the
Assistant Attorney General for the Civil Rights Division and
the Assistant Attorney General for the Criminal Division,
acting jointly.
Subtitle F--Democracy Restoration
SEC. 8501. 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. 8502. 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) 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) 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) 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. 8503. 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 this subtitle 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.--On the date determined under paragraph
(2), the Director of the Bureau of Prisons shall notify in
writing any individual who has been convicted of a criminal
offense under Federal law that such individual has the right to
vote in an election for Federal office pursuant to this
subtitle 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 by a court established by an Act of
Congress; or
(ii) is released from the custody of the
Bureau of Prisons (other than to the custody of
a State 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.
SEC. 8504. 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. 8505. 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.) or the National Voter
Registration Act (52 U.S.C. 20501).
SEC. 8506. 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 grant amounts 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 8501.
SEC. 8507. EFFECTIVE DATE.
This subtitle 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.
Subtitle G--Accuracy, Integrity, and Security of Elections
SEC. 8600. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2018''.
PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT PAPER BALLOT
SEC. 8601. 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 Voter Confidence and Increased
Accessibility Act of 2018, 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. 8602. 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. 8603. 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 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, 2018; 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. 8604. 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,
2019, 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, 2019.
(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 2018 and 2019, 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.''.
SEC. 8604. 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, 2006.
``(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 Voter Confidence and Increased Accessibility Act
of 2018 shall apply with respect to voting systems used
for any election for Federal office held in 2024 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
`2026', 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)(ii)(I) and (II), and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2018), for the
administration of the regularly
scheduled general election for Federal
office held in November 2022; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before 2024.
``(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 2026 or each succeeding year', 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. 8611. 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% 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 before the
date of the election described in paragraph (2)) or 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, 2023, 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 NIST.--The National
Institute of Standards and Technology shall adopt the procedures
described in subsection (a) not later than March 31, 2023, 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) to 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. 8612. 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 the period at the end and inserting the
following: ``, or the requirements of subtitle C of title III.''.
SEC. 8613. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT MECHANISMS.
(a) In General.--Not later than May 1, 2023, 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 611). 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. 8614. 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.''.
Subtitle H--Provisional Ballots
SEC. 8701. 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) 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, 2020.''.
(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''.
Subtitle I--Early Voting and Voting by Mail
SEC. 8801. EARLY VOTING AND 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 section 8121(a)
and section 8201(a), is amended--
(1) by redesignating sections 306 and 307 as sections 308
and 309; and
(2) by inserting after section 305 the following new
sections:
``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, 2020.
``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 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) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2020.''.
(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 8201(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 a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) in the case of the recommendations with respect to
section 306, June 30, 2020; and
``(6) in the case of the recommendations with respect to
section 307, June 30, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 308 and 309; and
(2) by inserting after the item relating to section 305 the
following new items:
``Sec. 306. Early voting.
``Sec. 307. Promoting ability of voters to vote by mail.''.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
SEC. 8901. 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. App.
595) 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. 8902. 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. 8903. 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. 8904. 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. 8905. 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. 8906. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
elections occurring on or after January 1, 2020.
Subtitle K--Poll Worker Recruitment and Training
SEC. 8911. 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 adding at the end the following:
``Sec. 6329. 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 6328 the following:
``6329. Absence in connection with serving as a poll worker.''.
SEC. 8912. 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 nonpartisan 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 nonpartisan 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. 8913. 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. 8914. STATE DEFINED.
In this subtitle, 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.
Subtitle L--Enhancement of Enforcement
SEC. 8921. 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 subtitle A or subtitle C 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
subtitles A or C of 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, or the
requirements of subtitle C 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 2020 or any succeeding year.
Subtitle M--Federal Election Integrity
SEC. 8931. 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
2019.
SEC. 8932. 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 2020 or
any succeeding year.
SEC. 8933. 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.
Subtitle N--Election Day as Legal Public Holiday
SEC. 8941. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC
HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.
(a) In General.--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 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.
(c) No Effect on Early or Absentee Voting.--Nothing in this section
shall be construed to affect the authority of States to permit
individuals to cast ballots in elections for Federal office prior to
the date of the election (including the casting of ballots by mail) or
to cast absentee ballots in the election.
Subtitle O--Other Election Administration Improvements
SEC. 8951. REQUIREMENTS FOR AVAILABILITY OF SUFFICIENT POLLING PLACES,
EQUIPMENT, AND RESOURCES.
(a) Requiring States To Meet Requirements.--Subtitle A of title III
of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as
amended by section 8121(a), section 8201(a), and section 8801(a), is
amended--
(1) by redesignating sections 308 and 309 as sections 309
and 310; and
(2) by inserting after section 307 the following new
section:
``SEC. 308. 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, 2019, 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, 2020.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 308 and
309 as relating to sections 309 and 310; and
(2) by inserting after the item relating to section 307 the
following new item:
``Sec. 308. Availability of sufficient polling places, equipment, and
resources.''.
SEC. 8952. 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) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after January 1, 2020.
SEC. 8953. 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.
SEC. 8954. 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 8701(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, 2020.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C.
21082(f)), as redesignated by subsection (a) and as amended by section
8701(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting
``(d)(2), (e)(2), and (f)(2)''.
SEC. 8955. 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 and
individuals with limited proficiency in the English language are fully
able to use the service.
(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 or racial 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 2019 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 Act 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.
SEC. 8956. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2019 through
2024''.
SEC. 8957. 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) In general.--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 amendment relating to minimum amount of
requirements payment to territories.--Section 252(c)(2) of such
Act (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''.
SEC. 8958. 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. 8959. 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.
SEC. 8960. 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.
TITLE IX--PRISON REFORM
SEC. 9001. ELIMINATION OF FEDERAL CONTRACTS FOR PRIVATELY RUN PRISONS
WITHIN 3 YEARS.
(a) Definition.--In this section, the term ``facility housing adult
prisoners or detainees in the custody of the Federal Government'' does
not include a community correctional facility or the residence of an
individual on home confinement, as described in section 3624(c) of
title 18, United States Code.
(b) Operational Control.--Except as provided in subsection (c), not
later than 2 years after the date of enactment of this Act--
(1) each facility housing adult prisoners or detainees in
the custody of the Federal Government shall be under the
direct, operational control of the Federal Government; and
(2) core correctional services at each such facility shall
be performed by employees of the Federal Government.
(c) Waiver Authorized.--If the Attorney General determines that the
Federal Government is unable to comply with subsection (b) by the date
that is 2 years after the date of enactment of this Act, the Attorney
General may waive the application of subsection (b) for not more than 1
year.
SEC. 9002. PROHIBITION ON PRIVATE ENTITIES RUNNING PRISONS HOUSING
STATE AND LOCAL PRISONERS AFTER 3 YEARS.
(a) Definition.--In this section, the term ``facility housing adult
prisoners or detainees in the custody of a State or local government''
does not include a community treatment center, halfway house,
restitution center, mental health facility, alcohol or drug
rehabilitation center, or other community facility that is not within
the confines of a jail or prison.
(b) Operational Control.--Except as provided in subsection (c), on
and after the date that is 2 years after the date of enactment of this
Act--
(1) no private entity engaged in or affecting interstate
commerce shall own or have direct, operational control over a
facility housing adult prisoners or detainees in the custody of
the State or local government; and
(2) no private entity engaged in or affecting interstate
commerce shall perform core correctional services at such a
facility.
(c) Waiver Authorized.--If the Attorney General determines that a
State or local government requires services from a private entity that
are described in subsection (b) after the date that is 2 years after
the date of enactment of this Act, the Attorney General may waive the
application of subsection (b) as to that private entity for not more
than 1 year.
(d) Enforcement.--The Attorney General may bring a civil action in
an appropriate district court of the United States for such declaratory
or injunctive relief as is necessary to carry out this section.
SEC. 9003. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS.
(a) In General.--Records relating to the operation of a Contract
Facility, and to prisoners held in Contract Facilities, that are in the
possession of an applicable entity shall be subject to section 552 of
title 5, United States Code (popularly known as the Freedom of
Information Act), in the same manner as records maintained by a Federal
agency operating a Federal prison or other Federal detention facility
would be subject to such section of title 5, including--
(1) the duty to release information about the operation of
the non-Federal prison or detention facility; and
(2) the applicability of the exceptions and exemptions
available under such section.
(b) Regulations.--A Federal agency that contracts with, or provides
funds to, an applicable entity to incarcerate or detain Federal
prisoners in a non-Federal prison or detention facility shall
promulgate regulations or guidance to ensure compliance by the
applicable entity with subsection (a).
(c) No Federal Funds for Compliance.--No Federal funds may be used
to assist applicable entities with compliance with this section or
section 552 of title 5, United States Code.
(d) Civil Action.--Any party aggrieved by a violation of section
552 of title 5, United States Code, by an applicable entity, as such
section is applicable to such an entity in accordance with subsection
(a), may, in a civil action, obtain appropriate relief, including an
award under subsection (a)(4)(E) of section 552 of such title 5,
against the applicable entity for the violation.
(e) Definitions.--In this section:
(1) Applicable entity.--The term ``applicable entity''
means--
(A) a nongovernmental entity that directly or
indirectly contracts with or receives funds from the
Federal Government to incarcerate or detain Federal
prisoners in a Contract Facility; or
(B) a State or local governmental entity with a
contract or intergovernmental service agreement with
the Federal Government to incarcerate or detain Federal
prisoners in a Contract Facility.
(2) Contract facility.--The term ``Contract Facility''
means a prison or other correctional or detention facility that
is--
(A) owned or operated by a nongovernmental entity,
a State, or a local government; and
(B) incarcerates or detains Federal prisoners
pursuant to a contract or intergovernmental agreement
to which any Federal agency is a party.
(3) Federal prisoner.--The term ``Federal prisoner'' means
any person incarcerated, detained, or otherwise held under the
custody, authority, or jurisdiction of any Federal agency or
department.
SEC. 9004. RESTRICTIONS ON THE PROVISION OF INMATE TELEPHONE AND VIDEO
SERVICE.
(a) Definitions.--Section 226(a) of the Communications Act of 1934
(47 U.S.C. 226(a)) is amended by adding at the end the following:
``(10) The term `ancillary fee' includes any charge or fee
that is imposed on a user of inmate telephone and video service
in addition to the per-minute rate and connection charge.
``(11) The term `collect' or `collect call' means a
telephone call or video call from a person incarcerated in a
correctional institution that is billed to the subscriber
receiving the call.
``(12) The term `commission' means a fee or other payment
by a provider of inmate telephone and video service to an
administrator of a correctional institution, department of
correction, or similar entity, based upon, or partly upon,
inmate telephone and video service revenue.
``(13) The term `debit account' means the payment of inmate
telephone and video service through a prepaid card or other
account of a prisoner, which can be accessed only through an
access code, personal identification number, or similar
identifier.
``(14) The term `inmate telephone and video service'
includes the provision of telephone and video service enabling
persons incarcerated in correctional institutions to originate
calls at payphones, telephones, or video kiosks that are
designated for the personal use of prisoners, regardless of
whether the calls are collect, paid through a debit account, or
paid through any other means.
``(15) The term `provider of inmate telephone and video
service' means any common carrier that provides inmate
telephone and video service or any other person determined by
the Commission to be providing inmate telephone and video
service.''.
(b) Regulations.--Section 226 of the Communications Act of 1934 (47
U.S.C. 226) is further amended--
(1) by redesignating subsection (i) as subsection (k); and
(2) by inserting after subsection (h) the following:
``(i) Regulation of Inmate Telephone and Video Service.--
``(1) In general.--In order to ensure that charges for
inmate telephone and video service are just, reasonable, and
nondiscriminatory, not later than 1 year after the date of
enactment of the Justice is Not For Sale Act of 2017, the
Commission shall adopt regulations on the use of inmate
telephone and video service that--
``(A) prescribe a maximum uniform per-minute
compensation rate;
``(B) prescribe a maximum uniform service
connection or other per-call compensation rate;
``(C) prescribe variable maximum compensation rates
depending on such factors as carrier costs, the size of
the correctional facility served, and other relevant
factors identified by the Commission;
``(D) require providers of inmate telephone and
video service to offer both collect calling and debit
account services;
``(E) address the payment of commissions by
providers of inmate telephone and video service to
administrators of correctional institutions,
departments of correction, and similar entities by--
``(i) prohibiting such payments; or
``(ii) limiting commission payments;
``(F) require administrators of correctional
institutions, departments of correction, and similar
entities to allow more than 1 provider of inmate
telephone and video service to provide inmate telephone
and video service at a correctional institution so that
prisoners have a choice of such providers; and
``(G) prohibit or substantially limit any ancillary
fees imposed by a provider of inmate telephone and
video service on a user of the service.
``(2) Scope.--
``(A) In general.--The regulations adopted by the
Commission under this subsection--
``(i) shall be technologically neutral; and
``(ii) shall not jeopardize legitimate
security and penological interests.
``(B) Impact on revenue.--To the extent the
regulations adopted by the Commission under this
subsection reduce or eliminate the revenue derived by
administrators of correctional institutions,
departments of correction, and similar entities from
the receipt of commissions, such effects of the
regulations shall not be considered to be jeopardizing
or otherwise affecting legitimate security or
penological interests.
``(3) Periodic review.--The Commission shall review, on a
biennial basis, the regulations adopted under this subsection,
including to determine whether any compensation rates
established by the Commission should be modified.
``(4) State preemption.--To the extent that any State,
local government, or private correctional facility requirements
are inconsistent with the regulations of the Commission
affecting or pertaining to inmate telephone and video service,
including restrictions on the payment of commissions based upon
inmate telephone and video service revenues or earnings, the
regulations of the Commission on such matters shall preempt the
State, local government, or private correctional facility
requirements.
``(j) Inmate Telephone and Video Service Fully Subject to Sections
201, 205, 251, 252, and 276.--
``(1) In general.--Inmate telephone and video service shall
be fully subject to the requirements of sections 201, 205, 251,
252, and 276.
``(2) Restriction.--A provider of inmate telephone and
video service may not block or otherwise refuse to carry a call
placed by an incarcerated person on the grounds that the
provider has no contractual or other arrangement with the local
exchange carrier serving the intended recipient of the call or
other common carrier involved in any portion of the
transmission of the call.''.
SEC. 9005. FEDERAL PRISONER REENTRY INITIATIVE REAUTHORIZATION;
MODIFICATION OF IMPOSED TERM OF IMPRISONMENT.
(a) Federal Prisoner Reentry Initiative.--Section 231 of the Second
Chance Act of 2007 (42 U.S.C. 17541) is amended--
(1) in subsection (g)--
(A) in paragraph (1)(B) by inserting after ``the
Attorney General may'' the following: ``, upon written
request from the Director of the Bureau of Prisons or
an eligible elderly offender,'';
(B) in paragraph (3), by striking ``carried out
during fiscal years 2009 and 2010'' and inserting
``carried out during fiscal years 2018 through 2022'';
and
(C) in paragraph (5)(A)--
(i) in clause (i), by striking ``65 years''
and inserting ``60 years''; and
(ii) by amending clause (ii) to read as
follows:
``(ii) who is serving a term of
imprisonment that is not based on a conviction
for an offense described in section
102(e)(2)(C) of the Prison Reform and
Redemption Act, and has served not less than
\2/3\ of the term of imprisonment to which the
offender was sentenced;'';
(2) by striking subsection (h);
(3) by redesignating subsection (i) as subsection (h); and
(4) in subsection (h), as so redesignated, by striking
``2009 and 2010'' and inserting ``2018 through 2022''.
(b) Modification of Imposed Term of Imprisonment.--Section
3582(c)(1)(A) of title 18, United States Code, is amended--
(1) in the matter preceding clause (i), by inserting after
``Director of the Bureau of Prisons'' the following: ``or, if
the Director does not make such a motion 30 days after
receiving a request to make such a motion from the defendant,
of the defendant''; and
(2) in clause (ii), by inserting after ``the Director of
the Bureau of Prisons'' the following: ``, or the court in the
case that the court is considering a motion of the defendant''.
SEC. 9006. REINSTATEMENT OF PAROLE.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by adding at the end the following:
``subchapter d--parole
``Sec.
``3631. Definitions.
``3632. Powers and duties of the Commission.
``3633. Powers and duties of the Chairperson.
``3634. Time of eligibility for release on parole.
``3635. Parole determination criteria.
``3636. Information considered.
``3637. Parole determination proceeding; time.
``3638. Conditions of parole.
``3639. Jurisdiction of Commission.
``3640. Early termination of parole.
``3641. Aliens.
``3642. Summons to appear or warrant for retaking of parolee.
``3643. Revocation of parole.
``3644. Reconsideration and appeal.
``3645. Young adult offenders.
``3646. Applicability of Administrative Procedure Act.
``Subchapter D--Parole
``Sec. 3631. Definitions
``In this subchapter--
``(1) the term `Chairperson' means the Chairperson of the
Commission;
``(2) the term `Commission' means the United States Parole
Commission;
``(3) the term `Commissioner' means any member of the
Commission;
``(4) the term `Director' means the Director of the Bureau
of Prisons;
``(5) the term `eligible prisoner' means any Federal
prisoner who is eligible for parole under this title or any
other law, including any Federal prisoner whose parole has been
revoked and who is not otherwise ineligible for parole;
``(6) the term `parolee' means any eligible prisoner who
has been released on parole or deemed as if released on parole
under section 3626(b)(5) or section 3634(a)(2); and
``(7) the term `rules and regulations' means rules and
regulations promulgated by the Commission under section 3632
and section 553 of title 5.
``Sec. 3632. Powers and duties of the Commission
``(a) In General.--The Commission shall meet at least quarterly,
and by majority vote shall--
``(1) promulgate rules and regulations establishing
guidelines for the powers enumerated in subsection (b) and such
other rules and regulations as are necessary to carry out a
national parole policy and the purposes of this subchapter;
``(2) create such regions as are necessary to carry out
this subchapter, but in no event less than 5; and
``(3) ratify, revise, or deny any request for regular,
supplemental, or deficiency appropriations, before the
submission of the requests to the Office of Management and
Budget by the Chairperson, which requests shall be separate
from those of any other agency in the Department of Justice.
``(b) Powers Relating to Parole.--The Commission, by majority vote,
and in accordance with the procedures set out in this subchapter, shall
have the power to--
``(1) grant or deny an application or recommendation to
parole any eligible prisoner;
``(2) impose reasonable conditions on an order granting
parole;
``(3) modify or revoke an order paroling any eligible
prisoner; and
``(4) request probation officers and other individuals,
organizations, and public or private agencies to perform such
duties with respect to any parolee as the Commission determines
necessary--
``(A) for maintaining proper supervision of and
assistance to such parolees; and
``(B) so as to assure that no probation officers,
individuals, organizations, or agencies shall bear
excessive caseloads.
``(c) Delegation.--The Commission, by majority vote, and in
accordance with rules and regulations--
``(1) may delegate to one or more Commissioners powers
enumerated in subsection (b);
``(2) may delegate to hearing examiners any powers
necessary to conduct hearings and proceedings, take sworn
testimony, obtain and make a record of pertinent information,
make findings of probable cause and issue subpoenas for
witnesses or evidence in parole revocation proceedings, and
recommend disposition of any matters enumerated in subsection
(b), except that any such findings or recommendations shall be
based upon the concurrence of not less than 2 hearing
examiners;
``(3) may delegate authority to conduct hearings held under
section 3643 to any officer or employee of the executive or
judicial branch of Federal or State government;
``(4) may review, or may delegate to the National Appeals
Board the power to review, any decision made under paragraph
(1), which shall be reaffirmed, modified, or reversed not later
than 30 days after the date the decision is rendered; and
``(5) shall provide written notice to the individual to
whom a decision described in paragraph (4) applies of the
Commission's actions with respect thereto and the reasons for
such actions.
``(d) Policymaking.--Except as otherwise provided by law, any
action taken by the Commission under subsection (a) shall be taken by a
majority vote of all individuals currently holding office as members of
the Commission which shall maintain and make available for public
inspection a record of the final vote of each member on statements of
policy and interpretations adopted by it. In so acting, each
Commissioner shall have equal responsibility and authority, shall have
full access to all information relating to the performance of such
duties and responsibilities, and shall have 1 vote.
``Sec. 3633. Powers and duties of the Chairperson
``(a) In General.--The Chairperson shall--
``(1) convene and preside at meetings of the Commission
under section 3632 and such additional meetings of the
Commission as the Chairperson may call or as may be requested
in writing by at least 3 Commissioners;
``(2) appoint, fix the compensation of, assign, and
supervise all personnel employed by the Commission except
that--
``(A) the appointment of any hearing examiner shall
be subject to approval of the Commission within the
first year of such hearing examiner's employment; and
``(B) regional Commissioners shall appoint and
supervise such personnel employed regularly and full
time in their respective regions as are compensated at
a rate up to and including level GS-9 of the General
Schedule;
``(3) assign duties among officers and employees of the
Commission, including Commissioners, so as to balance the
workload and provide for orderly administration;
``(4) direct the preparation of requests for appropriations
for the Commission, and the use of funds made available to the
Commission;
``(5) designate 3 Commissioners to serve on the National
Appeals Board, 1 whom shall be designated to serve as Vice
Chairperson of the Commission (who shall act as Chairperson of
the Commission in the absence or disability of the Chairperson
or in the event of a vacancy in the position of Chairperson);
``(6) designate, for each region established under section
3632(a)(2), 1 Commissioner to serve as regional Commissioner in
each such region, except that--
``(A) in each such designation the Chairperson
shall consider years of service, personal preference,
and fitness; and
``(B) no such designation shall take effect unless
concurred in by the President;
``(7) serve as spokesperson for the Commission and report
annually to each House of Congress on the activities of the
Commission; and
``(8) exercise such other powers and duties and perform
such other functions as may be necessary to carry out the
purposes of this subchapter or as may be provided under any
other provision of law.
``(b) Other Authorities.--The Chairperson shall have the power to--
``(1) without regard to subsections (a) and (b) of section
3324 of title 31, enter into and perform such contracts,
leases, cooperative agreements, and other transactions as may
be necessary in the conduct of the functions of the Commission
with any public agency or with any person, firm, association,
corporation, educational institution, or nonprofit
organization;
``(2) accept voluntary and uncompensated services,
notwithstanding section 1342 of title 31;
``(3) procure for the Commission temporary and intermittent
services to the same extent as is authorized by section 3109(b)
of title 5;
``(4) collect systematically the data obtained from
studies, research, and the empirical experience of public and
private agencies concerning the parole process;
``(5) carry out programs of research concerning the parole
process to develop classification systems which describe types
of offenders, and to develop theories and practices which can
be applied to the different types of offenders;
``(6) publish data concerning the parole process;
``(7) devise and conduct, in various geographical
locations, seminars, workshops, and training programs providing
continuing studies and instruction for personnel of Federal,
State, and local agencies and private and public organizations
working with parolees and connected with the parole process;
and
``(8) use the services, equipment, personnel, information,
facilities, and instrumentalities with or without reimbursement
therefor of other Federal, State, local, and private agencies
with their consent.
``(c) Consistency With National Parole Policies.--In carrying out
the functions under this section, the Chairperson shall be governed by
the national parole policies promulgated by the Commission.
``Sec. 3634. Time of eligibility for release on parole
``(a) Eligibility.--
``(1) In general.--Except to the extent otherwise provided
by law--
``(A) a prisoner confined and serving a definite
term or terms of imprisonment of more than 1 year shall
be eligible for release on parole after serving 33.3
percent of such term or terms; and
``(B) a prisoner confined and serving a life
sentence shall be eligible for release on parole after
serving 10 years.
``(2) Terms of less than 1 year.--Any prisoner sentenced to
imprisonment for a term or terms of not less than 6 months, and
not more than 1 year, shall be released at the expiration of
such sentence, unless the court which imposed sentence shall,
at the time of sentencing, provide for the prisoner's release
after service of 33.3 percent of such term or terms, which
shall be deemed to be as if released on parole. This paragraph
shall not prevent delivery of any person released on parole to
the authorities of any State otherwise entitled to custody of
the person.
``(b) Determinations by Court.--Upon entering a judgment of
conviction, the court having jurisdiction to impose sentence, when in
its opinion the ends of justice and best interest of the public require
that the defendant be sentenced to imprisonment for a term exceeding 1
year, may--
``(1) designate in the sentence of imprisonment imposed a
minimum term at the expiration of which the defendant shall
become eligible for parole, which term may not be more than
33.3 percent of the maximum sentence imposed by the court; or
``(2) fix the maximum sentence of imprisonment to be served
by the defendant, in which event the court may specify that the
defendant may be released on parole at such time as the
Commission may determine.
``(c) Additional Information.--
``(1) In general.--If the court desires more detailed
information as a basis for determining the sentence to be
imposed, the court may commit the defendant to the custody of
the Attorney General, which commitment shall be deemed to be
for the maximum sentence of imprisonment prescribed by law, for
a study as described in subsection (d).
``(2) Report and recommendations of director.--Not later
than 3 months after a defendant is committed under paragraph
(1), unless the court grants additional time, not to exceed 3
months, for further study, the results of the study described
in subsection (d), together with any recommendations which the
Director believes would be helpful in determining the
disposition of the case, shall be furnished to the court.
``(3) Sentencing after additional information.--After
receiving a report and recommendations under paragraph (2), the
court may in its discretion--
``(A) place the offender on probation in accordance
with subchapter A; or
``(B)(i)(I) affirm the sentence of imprisonment
originally deemed to be imposed; or
``(II) reduce the sentence of imprisonment; and
``(ii) commit the offender under any applicable
provision of law.
``(4) Running of term.--The term of a sentence imposed
under paragraph (3) shall run from the date of original
commitment under this subsection.
``(d) Study Upon Commitment.--
``(1) In general.--Upon commitment of a prisoner sentenced
to imprisonment under subsection (a) or (b), the Director,
under such regulations as the Attorney General may prescribe,
shall cause a complete study to be made of the prisoner and
shall furnish to the Commission a summary report together with
any recommendations which in the opinion of the Director would
be helpful in determining the suitability of the prisoner for
parole.
``(2) Contents.--A report under paragraph (1) may include--
``(A) data regarding the prisoner's previous
delinquency or criminal experience;
``(B) pertinent circumstances of the social
background, capabilities, and mental and physical
health of the prisoner; and
``(C) consideration of such other factors as may be
considered pertinent.
``(3) Study by commission.--The Commission may make such
other investigation relating to a prisoner as it may determine
necessary.
``(e) Provision of Information.--Upon request of the Commission, it
shall be the duty of the various probation officers and agencies of the
Federal Government to furnish the Commission--
``(1) information available to such officer or agency
concerning any eligible prisoner or parolee; and
``(2) whenever not incompatible with the public interest,
their views and recommendation with respect to any matter
within the jurisdiction of the Commission.
``(f) Reduction of Minimum Term.--At any time, upon motion of the
Director, the court may reduce any minimum term before a prisoner may
be released on parole to the time the prisoner has served. The court
shall have jurisdiction to act upon the application at any time and no
hearing shall be required.
``(g) Rule of Construction.--Nothing in this subchapter shall be
construed to provide that any prisoner shall be eligible for release on
parole if such prisoner is ineligible for such release under any other
provision of law.
``Sec. 3635. Parole determination criteria
``(a) In General.--Subject to subsections (b) and (c), and in
accordance with guidelines promulgated by the Commission under section
3632, an eligible prisoner shall be released on parole if--
``(1) the eligible prisoner has substantially observed the
rules of the institution or institutions to which the eligible
prisoner has been confined; and
``(2) the Commission, upon consideration of the nature and
circumstances of the offense and the history and
characteristics of the eligible prisoner, determines that
release would not--
``(A) depreciate the seriousness of the offense or
promote disrespect for the law; or
``(B) jeopardize the public welfare.
``(b) Exception.--Notwithstanding the guidelines promulgated by the
Commission under section 3632, the Commission may grant or deny release
on parole if it determines there is good cause for so doing.
``(c) Notice.--The Commission shall furnish an eligible prisoner
with a written notice of its determination (including any determination
described in subsection (b)) not later than 21 days, excluding
holidays, after the date of the parole determination proceeding. If
parole is denied, such notice shall state with particularity the
reasons for such denial.
``(d) Certain Prisoners.--
``(1) In general.--Subject to paragraph (2), any prisoner
serving a term or terms of imprisonment of 5 years or longer,
who is not earlier released under this section or any other
applicable provision of law, shall be released on parole--
``(A) on the date on which the prisoner has served
66.6 percent of each consecutive term or terms; or
``(B) for a prisoner serving consecutive term or
terms of imprisonment of more than 45 years (including
any life term), the earlier of--
``(i) the date described in subparagraph
(A); or
``(ii) the date on which the prisoner has
served 30 years.
``(2) Exception.--The Commission shall not release a
prisoner under paragraph (1) if it determines that--
``(A) the prisoner has seriously or frequently
violated institution rules and regulations; or
``(B) there is a reasonable probability that the
prisoner will commit any Federal, State, or local
crime.
``Sec. 3636. Information considered
``In making a determination under this subchapter relating to
release on parole of an eligible prisoner, the Commission shall
consider, if available and relevant--
``(1) reports and recommendations which the staff of the
facility in which such eligible prisoner is confined may make;
``(2) official reports of the eligible prisoner's prior
criminal record, including a report or record of earlier
probation and parole experiences;
``(3) presentence investigation reports;
``(4) recommendations regarding the eligible prisoner's
parole made at the time of sentencing by the sentencing judge;
``(5) reports of physical, mental, or psychiatric
examination of the eligible prisoner; and
``(6) such additional relevant information concerning the
eligible prisoner (including information submitted by the
eligible prisoner) as may be reasonably available.
``Sec. 3637. Parole determination proceeding; time
``(a) Proceedings.--
``(1) In general.--In making a determination under this
subchapter (relating to parole), the Commission shall conduct a
parole determination proceeding unless it determines on the
basis of the eligible prisoner's record that the eligible
prisoner will be released on parole.
``(2) Timing.--
``(A) In general.--Whenever feasible, the initial
parole determination proceeding for a prisoner eligible
for parole under subsection (a)(1) or (b)(1) of section
3634 shall be held not later than 30 days before the
date of such eligibility for parole.
``(B) Other proceedings.--Whenever feasible, the
initial parole determination proceeding for a prisoner
eligible for parole under section 3634(b)(2) or who was
released on parole, and whose parole has been revoked,
shall be held not later than 120 days following such
prisoner's imprisonment or reimprisonment in a Federal
institution, as the case may be.
``(3) Waiver.--An eligible prisoner may knowingly and
intelligently waive any parole determination proceeding.
``(b) Notice.--
``(1) In general.--Not later than 30 days before a parole
determination proceeding relating to an eligible prisoner, the
eligible prisoner shall be provided with--
``(A) written notice of the time and place of the
proceeding; and
``(B) reasonable access to any reports or other
documents to be used by the Commission in making its
determination.
``(2) Waiver.--An eligible prisoner may waive notice of a
parole determination proceeding, except that if notice is not
waived, the proceeding shall be held during the next regularly
scheduled proceedings by the Commission at the institution in
which the eligible prisoner is confined.
``(c) Withholding of Certain Materials.--
``(1) In general.--Subsection (b)(1)(B) shall not apply
to--
``(A) diagnostic opinions which, if made known to
the eligible prisoner, could lead to a serious
disruption of the institutional program;
``(B) any document which reveals sources of
information obtained upon a promise of confidentiality;
or
``(C) any other information which, if disclosed,
might result in harm, physical or otherwise, to any
person.
``(2) Summaries.--If access to a report or other document
is not provided by the Commission, the Bureau of Prisons, or
any other agency under paragraph (1), the Commission, the
Bureau, or such other agency, respectively, shall provide to
the eligible prisoner a summary of the basic contents of the
material withheld, bearing in mind the need for confidentiality
and the impact on the eligible prisoner.
``(d) Consultation and Representation.--
``(1) In general.--During the period before a parole
determination proceeding described in subsection (b)(1), an
eligible prisoner may consult, as provided by the Director,
with a representative as referred to in paragraph (2), and by
mail or otherwise with any person concerning such proceeding.
``(2) Representation at proceeding.--An eligible prisoner
shall, if the eligible prisoner chooses, be represented at the
parole determination proceeding by a representative who
qualifies under rules promulgated by the Commission. Such rules
shall not exclude attorneys as a class.
``(e) Testimony by Eligible Prisoner.--An eligible prisoner shall
be allowed to appear and testify on his or her own behalf at the parole
determination proceeding.
``(f) Records.--A full and complete record of every parole
determination proceeding shall be retained by the Commission. Upon
request, the Commission shall make available to any eligible prisoner
such record as the Commission may retain of the parole determination
proceeding.
``(g) Conference if Denied.--If parole is denied, and if feasible--
``(1) a personal conference to explain the reasons for the
denial shall be held between the eligible prisoner and the
Commissioners or examiners conducting the proceeding at the
conclusion of the proceeding; and
``(2) the conference shall include advice to the eligible
prisoner as to what steps may be taken to enhance the chance of
being released at a subsequent proceeding.
``(h) Subsequent Proceedings if Denied.--In any case in which
release on parole is not granted, subsequent parole determination
proceedings shall be held not less frequently than every--
``(1) 18 months in the case of an eligible prisoner serving
a term or terms of imprisonment of more than 1 year and less
than 7 years; and
``(2) 24 months in the case of an eligible prisoner serving
a term or terms of imprisonment of not less than 7 years.
``Sec. 3638. Conditions of parole
``(a) Conditions.--
``(1) No other crimes.--In every case, the Commission shall
impose as a condition of parole that the parolee not commit
another Federal, State, or local crime.
``(2) Other conditions.--The Commission--
``(A) may impose or modify other conditions of
parole to the extent that such conditions are
reasonably related to--
``(i) the nature and circumstances of the
offense; and
``(ii) the history and characteristics of
the parolee; and
``(B) may provide for such supervision and other
limitations as are reasonable to protect the public
welfare.
``(b) Scope of Conditions.--
``(1) In general.--The conditions of parole should be
sufficiently specific to serve as a guide to supervision and
conduct.
``(2) Certificate.--Upon release on parole, a parolee shall
be given a certificate setting forth the conditions of parole.
An effort shall be made to make certain that the parolee
understands the conditions of parole.
``(c) Treatment.--
``(1) In general.--Release on parole or release as if on
parole may as a condition of such release require--
``(A) a parolee to reside in or participate in the
program of a residential community treatment center, or
both, for all or part of the period of such parole; and
``(B) a parolee who is an addict (as defined under
section 102 of the Controlled Substances Act (21 U.S.C.
802)) or a drug dependent person (as defined in section
2 of the Public Health Service Act (42 U.S.C. 201)) to
undergo available medical, psychiatric, or
psychological treatment for drug or alcohol dependency
for all or part of the period of parole.
``(2) Costs.--A parolee residing in a residential community
treatment center pursuant to paragraph (1) may be required to
pay such costs incident to residence as the Commission
determines appropriate.
``(d) Modification of Conditions.--
``(1) In general.--The Commission may modify conditions of
parole under this section on its own motion, or on the motion
of a United States probation officer supervising a parolee.
``(2) Notice required.--A parolee shall receive notice of a
proposed modification of conditions of parol and a period of
not less than 10 days after receipt of such notice to express
the views of the parolee on the proposed modification.
``(3) Period for determination.--Not later than 21 days
after the end of the 10-day period described in paragraph (2),
the Commission shall act upon a motion or application to modify
conditions of parole.
``(4) Petition by parolee.--A parolee may petition the
Commission for a modification of conditions under this section.
``(5) Relation to revocation proceedings.--This subsection
shall not apply to modifications of parole conditions under a
revocation proceeding under section 3643.
``Sec. 3639. Jurisdiction of Commission
``(a) Attorney General Jurisdiction.--A parolee shall remain in the
legal custody and under the control of the Attorney General, until the
expiration of the maximum term or terms of imprisonment to which such
parolee was sentenced.
``(b) Jurisdiction of Commission Generally.--Except as otherwise
provided in this section, the jurisdiction of the Commission over the
parolee shall terminate not later than the date of the expiration of
the maximum term or terms for which the parolee was sentenced, except
that--
``(1) such jurisdiction shall terminate at an earlier date
to the extent provided under section 3624(b)(5) or section
3640; and
``(2) in the case of a parolee who has been convicted of a
Federal, State, or local crime committed subsequent to release
on parole that is punishable by a term of imprisonment,
detention, or incarceration in any penal facility, the
Commission shall determine, in accordance with subsection (b)
or (c) of section 3643, whether all or any part of the
unexpired term being served at the time of parole shall run
concurrently or consecutively with the sentence imposed for the
new offense, but in no case shall such service together with
such time as the parolee has previously served in connection
with the offense for which the parolee was paroled, be longer
than the maximum term for which the parolee was sentenced in
connection with such offense.
``(c) Intentional Failure or Refusal.--If a parolee intentionally
refuses or fails to respond to any reasonable request, order, summons,
or warrant of the Commission or any member or agent thereof, the
jurisdiction of the Commission may be extended for the period during
which the parolee so refuses or fails to respond.
``(d) Other Sentences.--The parole of any parolee shall run
concurrently with the period of parole or probation under any other
Federal, State, or local sentence. Upon the termination of the
jurisdiction of the Commission over any parolee, the Commission shall
issue a certificate of discharge to the parolee and to such other
agencies as it may determine.
``Sec. 3640. Early termination of parole
``(a) In General.--Upon its own motion or upon request of the
parolee, the Commission may terminate supervision over a parolee prior
to the termination of jurisdiction under section 3639.
``(b) Status Reviews.--
``(1) In general.--Not later than 2 years after a parolee
is released on parole, and every year thereafter, the
Commission shall review the status of the parolee to determine
the need for continued supervision.
``(2) Exclusion of certain periods.--In calculating the 2-
year period described in paragraph (1), there shall not be
included any period of release on parole prior to the most
recent such release, nor any period served in confinement on
any other sentence.
``(c) Termination After 5 Years.--
``(1) In general.--Five years after a parolee is released
on parole, the Commission shall terminate supervision over the
parolee unless the Commission determines, after a hearing
conducted in accordance with the procedures prescribed in
section 3643(a)(2), that such supervision should not be
terminated because there is a likelihood that the parolee will
engaged in conduct violating any criminal law.
``(2) Continuation of parole.--If supervision is not
terminated under paragraph (1), the parolee may request a
hearing annually thereafter, and a hearing, with procedures in
accordance with paragraph (1), shall be conducted with respect
to such termination of supervision not less frequently than
every 2 years.
``(3) Exclusion of certain periods.--In calculating the 5-
year period described in paragraph (1), there shall not be
included any period of release on parole prior to the most
recent such release, nor any period served in confinement on
any other sentence.
``Sec. 3641. Aliens
``(a) Eligibility of Parole for Aliens.--Notwithstanding any other
provision of law, aliens shall be eligible for parole under this title.
``(b) Aliens With Final Orders of Removal.--When an alien prisoner
subject to a final order of removal becomes eligible for parole, the
Commission may authorize the release of such prisoner and, when parole
becomes effective, may deliver such prisoner to a duly authorized
immigration official for removal.
``Sec. 3642. Summons to appear or warrant for retaking of parolee
``(a) In General.--If a parolee is alleged to have violated the
conditions of parole, the Commission may--
``(1) summon such parolee to appear at a hearing conducted
under section 3643; or
``(2) issue a warrant and retake the parolee as provided in
this section.
``(b) Issuance of Summons or Warrant.--
``(1) In general.--A summons or warrant issued under this
section shall be issued by the Commission as soon as
practicable after discovery of the alleged violation, except
when delay is determined necessary.
``(2) Imprisonment.--Imprisonment in an institution shall
not constitute grounds for delay of such issuance, except that,
in the case of any parolee charged with a criminal offense,
issuance of a summons or warrant may be suspended pending
disposition of the charge.
``(c) Notice.--A summons or warrant issued under this section shall
provide the parolee with written notice of--
``(1) the conditions of parole imposed under section 3638
that the parolee is alleged to have violated;
``(2) the rights of the parolee under this subchapter; and
``(3) the possible action which may be taken by the
Commission.
``(d) Execution of Warrants.--An officer of a Federal penal or
correctional institution, or a Federal officer authorized to serve
criminal process within the United States, to whom a warrant issued
under this section is delivered, shall execute such warrant by taking
such parolee and returning the parolee to the custody of the regional
commissioner, or to the custody of the Attorney General, if the
Commission shall so direct.
``Sec. 3643. Revocation of parole
``(a) Revocation Generally.--
``(1) In general.--Except as provided in subsections (b)
and (c)--
``(A) an alleged parole violator summoned or
retaken under section 3642 shall be afforded the
opportunity to have a preliminary hearing at or
reasonably near the place of the alleged parole
violation or arrest, without unnecessary delay, to
determine if there is probable cause to believe that
the parolee has violated a condition of parole;
``(B) upon a finding of probable cause, and except
as provided in subparagraph (C)--
``(i) a digest shall be prepared by the
Commission setting forth in writing the factors
considered and the reasons for the decision;
and
``(ii) a copy of the digest shall be given
to the parolee within a reasonable period of
time;
``(C) the Commission may restore any parolee to
parole supervision if--
``(i) continuation of revocation
proceedings is not warranted;
``(ii) incarceration of the parolee pending
further revocation proceedings is not warranted
by the alleged frequency or seriousness of such
violation or violations;
``(iii) the parolee is not likely to fail
to appear for further proceedings; and
``(iv) the parolee does not constitute a
danger to himself, herself, or others; and
``(D) not later than 60 days after a finding of
probable cause, a revocation hearing shall be held at
or reasonably near the place of the alleged parole
violation or arrest, except that a revocation hearing
may be held at the same time and place set for the
preliminary hearing.
``(2) Hearing procedures.--For a hearing held under
paragraph (1)--
``(A) notice shall be given to the parolee of the
conditions of parole alleged to have been violated, and
the time, place, and purposes of the scheduled hearing;
``(B) the parolee shall have an opportunity to be
represented by an attorney (retained by the parolee, or
if the parolee is financially unable to retain counsel,
counsel shall be provided under section 3006A) or, if
the parolee so chooses, a representative as provided by
rules and regulations, unless the parolee knowingly and
intelligently waives such representation;
``(C) the parolee shall have an opportunity to
appear and testify, and present witnesses and relevant
evidence on his or her own behalf; and
``(D) the parolee shall have an opportunity to be
apprised of the evidence against the parolee and, if
the parolee so requests, to confront and cross-examine
adverse witnesses, unless the Commission specifically
finds substantial reason for not so allowing.
``(3) Subpoenas.--For purposes of paragraph (1), the
Commission may subpoena witnesses and evidence, and pay witness
fees as established for the courts of the United States. If a
person refuses to obey such a subpoena, the Commission may
petition a court of the United States for the judicial district
in which such parole proceeding is being conducted, or in which
such person may be found, to request such person to attend,
testify, and produce evidence. The court may issue an order
requiring such person to appear before the Commission, when the
court finds such information, thing, or testimony directly
related to a matter with respect to which the Commission is
empowered to make a determination under this section. Failure
to obey such an order is punishable by such court as a
contempt. All process in such a case may be served in the
judicial district in which such a parole proceeding is being
conducted, or in which such person may be found.
``(b) Conviction of Crimes While on Parole.--
``(1) In general.--Conviction for a Federal, State, or
local crime committed subsequent to release on parole shall
constitute probable cause for purposes of subsection (a).
``(2) Parolees incarcerated.--If a parolee has been
convicted of a Federal, State, or local crime and is serving a
new sentence in an institution, a parole revocation warrant or
summons issued under section 3642 may be placed against the
parolee as a detainer. Not later than 180 days after the
Commission receives notice of the placement of a detainer, the
detainer shall be reviewed by the Commission. The parolee shall
receive notice of the pending review, have an opportunity to
submit a written application containing information relative to
the disposition of the detainer, and, unless waived, shall have
counsel as provided in subsection (a)(2)(B) to assist in the
preparation of such application.
``(3) Hearing.--If the Commission determines that
additional information is needed to review a detainer under
paragraph (2), a dispositional hearing may be held at the
institution in which the parolee is confined. The parolee shall
receive notice of such hearing, be allowed to appear and
testify on his or her own behalf, and, unless waived, shall
have counsel as provided in subsection (a)(2)(B).
``(4) Resolution.--Following the review relating to the
disposition of a detainer, the Commission may--
``(A) let the detainer stand; or
``(B) withdraw the detainer.
``(c) Certain Alleged Parole Violators.--
``(1) Revocation hearing.--
``(A) In general.--An alleged parole violator
described in subparagraph (B) shall receive a
revocation hearing within 90 days of the date of
retaking.
``(B) Covered alleged parole violators.--An alleged
parole violator described in this subparagraph is an
alleged parole violator who--
``(i) is summoned or retaken by warrant
under section 3642 and knowingly and
intelligently waives the right to a hearing
under subsection (a);
``(ii) knowingly and intelligently admits
violation at a preliminary hearing held under
subsection (a)(1)(A); or
``(iii) is retaken under subsection (b).
``(C) Conduct of hearing.--The Commission may
conduct a hearing under subparagraph (A) at the
institution to which the parolee has been returned, and
the alleged parole violator shall receive notice of the
hearing, be allowed to appear and testify on his or her
own behalf, and, unless waived, shall have counsel or
another representative as provided in subsection
(a)(2)(B).
``(d) Disposition.--
``(1) In general.--If a parolee is summoned or retaken
under section 3642, and the Commission finds, in accordance
with this section (including paragraph (2) of this subsection)
and by a preponderance of the evidence, that the parolee has
violated a condition of parole, the Commission may--
``(A) restore the parolee to supervision;
``(B) reprimand the parolee;
``(C) modify the conditions of the parole of the
parolee;
``(D) refer the parolee to a residential community
treatment center for all or part of the remainder of
the original sentence; or
``(E) formally revoke parole or release as if on
parole under this title.
``(2) Requirements.--The Commission may take an action
under paragraph (1) if it has taken into consideration--
``(A) whether the parolee has been convicted of any
Federal, State, or local crime subsequent to release on
parole, and the seriousness thereof; and
``(B) whether the action is warranted by the
frequency or seriousness of the violation by the
parolee of any other condition or conditions of parole.
``(e) Notice.--Not later than 21 days, excluding holidays, after a
revocation hearing under this section, the Commission shall furnish the
parolee with a written notice of its determination. If parole is
revoked, a digest shall be prepared by the Commission setting forth in
writing the factors considered and reasons for such action, a copy of
which shall be given to the parolee.
``Sec. 3644. Reconsideration and appeal
``(a) In General.--If parole release is denied under section 3635,
parole conditions are imposed or modified under section 3638, parole
discharge is denied under section 3640(c), or parole is modified or
revoked under section 3643, the individual to whom such decision
applies may have the decision reconsidered by submitting a written
application to the regional Commissioner not later than 30 days after
the date on which the decision is rendered.
``(b) Review by Regional Commissioner.--Not later than 30 days
after receipt of an application under subsection (a), a regional
Commissioner shall--
``(1) acting in accordance with rules and regulations,
reaffirm, modify, or reverse the original decision; and
``(2) inform the applicant in writing of the decision and
the reasons therefor.
``(c) Appeal to National Appeals Board.--
``(1) In general.--Any decision made under subsection (b)
which is adverse to the applicant for reconsideration may be
appealed by the individual to the National Appeals Board by
submitting a written notice of appeal not later than 30 days
following the date on which such decision is rendered.
``(2) Review.--In accordance with rules and regulations,
the National Appeals Board--
``(A) not later than 60 days after receipt of an
appellant's papers, shall reaffirm, modify, or reverse
the decision; and
``(B) shall inform the appellant in writing of the
decision and the reasons therefor.
``Sec. 3645. Young adult offenders
``(a) Definition.--In this section, the term `young adult offender'
means an individual--
``(1) who has been convicted of a Federal offense; and
``(2) on the date of the conviction, is not less than 22
years of age and is less than 26 years of age.
``(b) Treatment as a Juvenile.--A young adult offender may be
deemed a juvenile for purposes of chapter 403 if, after taking into
consideration the previous record of the young adult offender as to
delinquency or criminal experience, the social background,
capabilities, mental and physical health of the young adult offender,
and such other factors as may be considered pertinent, the court finds
that there are reasonable grounds to believe that the young adult
offender will benefit from being treated as a juvenile under chapter
403.
``Sec. 3646. Applicability of Administrative Procedure Act
``(a) In General.--The Commission shall be an agency for purposes
of chapter 5 of title 5, except for sections 554, 555, 556, and 557.
``(b) Rulemaking.--For purposes of subsection (a), section
553(b)(3)(A) of title 5 shall be applied as though `, general
statements of policy,' were struck.
``(c) Judicial Review.--To the extent that actions of the
Commission under section 3632(a)(1) are not in accord with section 553
of title 5, they shall be reviewable in accordance with chapter 7 of
title 5.
``(d) Exclusion of Certain Actions.--Actions of the Commission
under paragraphs (1), (2), and (3) of section 3632(b) shall be
considered actions committed to agency discretion for purposes of
section 701(a)(2) of title 5.''.
(b) Permanent Continuation of Parole Commission.--Notwithstanding
section 235(b) of the Sentencing Reform Act of 1984 (18 U.S.C. 3551
note), the United States Parole Commission shall not be terminated
under such section and appointments to the United States Parole
Commission shall be made in accordance with section 4202 of title 18,
United States Code, as in effect on the day before the effective date
of the Sentencing Reform Act of 1984 under section 235(a) of such Act
(18 U.S.C. 3551 note).
(c) Credit Toward Service of Sentence for Satisfactory Behavior.--
Section 3624(b) of title 18, United States Code, is amended by adding
at the end the following:
``(5) A prisoner having served the term or terms of
imprisonment of the prisoner, less credit toward the service of
the prisoner's sentence under this subsection, shall, upon
release, be deemed as if released on parole until the
expiration of the maximum term or terms for which the prisoner
was sentenced less 180 days. This paragraph shall not prevent
delivery of a prisoner to the authorities of any State
otherwise entitled to custody of the prisoner.''.
(d) Technical and Conforming Amendments.--
(1) Section 3553 of title 18, United States Code, is
amended--
(A) in subsection (b), by inserting ``maximum''
before ``sentence of the kind'' each place it appears;
and
(B) in subsection (c), in the matter preceding
paragraph (1), by inserting ``maximum'' before
``sentence--''.
(2) Section 3621(a) of title 18, United States Code, is
amended by inserting ``on parole'' before ``for satisfactory
behavior''.
(3) Section 3624 of title 18, United States Code, is
amended--
(A) in subsection (a), by striking ``A prisoner''
and inserting ``Subject to release on parole under
subchapter D, a prisoner'';
(B) in subsection (b)(2), by inserting ``, which
shall not include a release on parole under subchapter
D'' after ``released from custody''; and
(C) in subsection (d), by inserting ``or on parole
under subchapter D'' after ``Upon the release of a
prisoner''.
(4) Section 4321 of title 18, United States Code, is
amended by inserting ``or parole'' before the period at the
end.
(5) Chapter 403 of title 18, United States Code, is
amended--
(A) by inserting after section 5040 the following:
``Sec. 5041. Parole
``A juvenile delinquent who has been committed may be released on
parole at any time under such conditions and regulations as the United
States Parole Commission determines proper in accordance with section
3635.''; and
(B) by striking the item relating to section 5041
and inserting the following:
``5041. Parole.''.
(6) The table of subchapters for chapter 229 of title 18,
United States Code, is amended by inserting after the item
relating to subchapter C the following:
``D. Parole................................................. 3631''.
(7) The Controlled Substances Act (21 U.S.C. 801 et seq.)
is amended--
(A) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(i) in subparagraph (A), in the matter
following clause (viii), by striking the last
sentence;
(ii) in subparagraph (B), in the matter
following clause (viii), by striking the last
sentence; and
(iii) in subparagraph (C), in the last
sentence, by striking ``, nor shall a person so
sentenced be eligible for parole during the
term of such a sentence'';
(B) in section 419(d) (21 U.S.C. 860(d)), by
striking the second sentence; and
(C) in section 420(e) (21 U.S.C. 861(e)), by
striking the second sentence.
(8) Section 1010(b) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)) is amended--
(A) in paragraph (1), in the matter following
subparagraph (H), by striking the last sentence; and
(B) in paragraph (2), in the matter following
subparagraph (H), by striking the last sentence.
(e) Applicability.--The amendments made by this section shall apply
with respect to any sentence imposed on or after January 1, 2019.
SEC. 9007. TERMINATION OF DETENTION BED QUOTA.
(a) In General.--The matter under the heading ``salaries and
expenses'' under the heading ``United States Immigration and Customs
Enforcement'' under title II of the Department of Homeland Security
Appropriations Act, 2016 (division F of Public Law 114-113; 129 Stat.
2497) is amended by striking ``Provided further, That funding made
available under this heading shall maintain a level of not less than
34,000 detention beds through September 30, 2016:''.
(b) Detention Capacity.--Notwithstanding any other provision of
law, the number of detention beds maintained by U.S. Immigration and
Customs Enforcement shall be determined by the Secretary of Homeland
Security and shall be based solely on detention needs.
(c) Alternatives to Detention.--
(1) In general.--The Secretary of Homeland Security shall
establish nationwide alternatives to detention programs that
incorporate case management services in each field office of
the Department of Homeland Security to ensure appearances at
immigration proceedings and public safety.
(2) Contract authority.--The Secretary may contract with
nongovernmental community-based organizations--
(A) to conduct screening of detainees;
(B) to operate community-based supervision
programs; and
(C) to implement secure alternatives that allow
U.S. Immigration and Customs Enforcement to maintain
custody over the alien.
(3) Assessments.--The Secretary shall regularly assess the
demand for alternative to detention programs and make available
sufficient alternative to detention slots regardless of
proximity to available detention beds. Alternative programs
shall offer a continuum of supervision mechanisms and options,
including community support, depending on an assessment of each
individual's circumstances. Information regarding the amount of
slots available in each area shall be made public.
(4) Individualized determinations.--In determining whether
to use alternatives to detention programs, the Secretary shall
make an individualized determination, and for each individual
placed in an alternatives to detention program, shall review
the level of supervision on a monthly basis. Alternatives to
detention programs shall not be used when release on bond or
recognizance is determined to be a sufficient measure to ensure
appearances at immigration proceedings and public safety.
Detention shall not be used when alternatives to detention
programs are determined to be a sufficient measure to ensure
appearances at immigration proceedings and public safety.
(5) Custody.--The Secretary may use alternatives to
detention programs to maintain custody over any alien detained
under the Immigration and Nationality Act, except for aliens
detained under section 236A of such Act (8 U.S.C. 1226a). If an
individual is not eligible for release from custody or
detention, the Secretary shall consider the alien for placement
in alternative programs that maintain custody over the alien.
(6) Vulnerable populations.--
(A) Defined term.--In this paragraph, the term
``vulnerable population'' includes, but is not limited
to, asylum seekers, victims of torture or trafficking,
families with minor children, pregnant women, nursing
mothers, individuals who are gay, lesbian, bisexual, or
transgender, individuals with a mental or physical
disability, and individuals who are older than 65 years
of age.
(B) Considerations for placement.--In determining
whether to place a detainee in an alternatives to
detention program, the Secretary shall consider whether
the detainee is a member of a vulnerable population.
Notwithstanding section 236 of the Immigration and
Nationality Act (8 U.S.C. 1226), a member of a
vulnerable population whose needs cannot be adequately
met by a detention facility may not be held in a
detention facility unless the Secretary determines such
placement is in the interest of national security.
SEC. 9008. OVERSIGHT OF DETENTION FACILITIES.
(a) Definitions.--In this section:
(1) Applicable standards.--The term ``applicable
standards'' means the most recent version of detention
standards and detention-related policies issued by the
Secretary or the Director of U.S. Immigration and Customs
Enforcement.
(2) Detention facility.--The term ``detention facility''
means a Federal, State, or local government facility, or a
privately owned and operated facility, that is used, in whole
or in part, to hold individuals under the authority of the
Director of U.S. Immigration and Customs Enforcement, including
facilities that hold such individuals under a contract or
agreement with the Department of Homeland Security.
(b) Detention Requirements.--The Secretary of Homeland Security
shall ensure that all persons detained pursuant to the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) are treated humanely and
benefit from the protections set forth in this section.
(c) Oversight Requirements.--
(1) Annual inspection.--All detention facilities housing
aliens in the custody of the Department of Homeland Security
shall be inspected, for compliance with applicable detention
standards issued by the Secretary and other applicable
regulations, by--
(A) the Secretary of Homeland Security at least
annually; and
(B) an independent, third-party auditor at least
biannually.
(2) Routine oversight.--In addition to the inspections
required under paragraph (1), the Secretary shall conduct
routine oversight of the detention facilities described in
paragraph (1), including unannounced inspections.
(3) Availability of records.--All detention facility
contracts, memoranda of agreement, audits, inspections,
evaluations and reviews, include those conducted by the Office
for Civil Rights and Civil Liberties and the Office of
Inspector General of the Department of Homeland Security, shall
be considered records for purposes of section 552(f)(2) of
title 5, United States Code.
(4) Consultation.--The Secretary shall seek input from
nongovernmental organizations regarding their independent
opinion of specific facilities.
(d) Compliance Mechanisms.--
(1) Agreements.--
(A) New agreements.--Compliance with applicable
standards of the Secretary of Homeland Security and all
applicable regulations, and meaningful financial
penalties for failure to comply, shall be a material
term in any new contract, memorandum of agreement, or
any renegotiation, modification, or renewal of an
existing contract or agreement, including fee
negotiations, executed with detention facilities.
(B) Existing agreements.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall secure a modification incorporating
these terms for any existing contracts or agreements
that will not be renegotiated, renewed, or otherwise
modified.
(C) Cancellation of agreements.--Unless the
Secretary provides a reasonable extension to a specific
detention facility that is negotiating in good faith,
contracts or agreements with detention facilities that
are not modified within 1 year of the date of the
enactment of this Act will be cancelled.
(D) Provision of information.--In making
modifications under this paragraph, the Secretary shall
require that detention facilities provide to the
Secretary all contracts, memoranda of agreement,
evaluations, and reviews regarding the facility on a
regular basis. The Secretary shall make these materials
publicly available on a timely and regular basis.
(2) Financial penalties.--
(A) Requirement to impose.--Subject to subparagraph
(C), the Secretary shall impose meaningful financial
penalties upon facilities that fail to comply with
applicable detention standards issued by the Secretary
and other applicable regulations.
(B) Timing of imposition.--Financial penalties
imposed under subparagraph (A) shall be imposed
immediately after a facility fails to achieve an
adequate or the equivalent median score in any
performance evaluation.
(C) Waiver.--The requirements of subparagraph (A)
may be waived if the facility corrects the noted
deficiencies and receives an adequate score in not more
than 90 days.
(D) Multiple offenders.--If the Secretary
determines that a facility has been persistently and
substantially violating the detention standards issued
by the Secretary, including by scoring less than
adequate or the equivalent median score in 2
consecutive inspections--
(i) the Secretary shall terminate contracts
or agreements with such facilities within 60
days; or
(ii) in the case of facilities operated by
the Secretary, the Secretary shall close such
facilities within 90 days.
(e) Reporting Requirements.--
(1) Objectives.--Not later than June 30 of each year, the
Secretary of Homeland Security shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives that describes
the inspection and oversight activities at detention
facilities.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) a description of each detention facility found
to be in noncompliance with applicable detention
standards issued by the Department of Homeland Security
and other applicable regulations;
(B) a description of the actions taken by the
Department to remedy any findings of noncompliance or
other identified problems, including financial
penalties, contract or agreement termination, or
facility closure; and
(C) information regarding whether the actions
described in subparagraph (B) resulted in compliance
with applicable detention standards and regulations.
SEC. 9009. 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.''.
SEC. 9010. PURPOSES.
The purposes of this Act 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. 9011. 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
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 Act 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 or juvenile detainee may
be placed in solitary confinement only when the safety
or security of the facility or another person is at
imminent risk, during an ongoing disciplinary
investigation concerning an adult prisoner, or to
punish an adult prisoner for an extremely serious
disciplinary infraction;
(B) methods that can be employed to ensure that the
duration of solitary confinement of a prisoner or
juvenile detainee at an institution can be limited to
fewer than 30 days in any 45-day period, except in a
case in which the head of a correctional facility makes
an individualized determination that prolonged solitary
confinement of the prisoner or detainee for a serious
disciplinary infraction is necessary for the order or
security of the institution, or a prisoner or detainee
requests such placement;
(C) ensuring that prior to being classified,
assigned, or subject to long-term solitary confinement,
an adult 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 an adult
prisoner to long-term solitary confinement will not be
allowed and that the prisoner will be afforded a
meaningful review of the confinement at least once
every 30 days that the prisoner remains in solitary
confinement 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 adult
prisoners subject to long-term solitary confinement to
earn placement in less restrictive housing through
positive behavior;
(F) limiting the use of involuntary solitary
confinement for the purpose of protective custody
solely because of a personal characteristic that makes
the prisoner or juvenile detainee particularly
vulnerable to harm, including age, gender identity,
race, or religion;
(G) ensuring that correctional facility officials
improve access to mental health treatment for prisoners
and juvenile detainees in solitary confinement;
(H) ensuring that correctional facility officials
work toward systems wherein prisoners and juvenile
detainees 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
and juvenile detainees are not held in solitary
confinement for any duration, except under extreme
emergency circumstances;
(J) ensuring that correctional facility officials
develop alternative methods to manage issues with
prisoners and juvenile detainees other than solitary
confinement; and
(K) 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 Act. 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. 9012. 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 (3)(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 3(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) Eligibility for Federal Funds.--
(1) In general.--Beginning in the second fiscal year that
begins after the date on which the Attorney General issues a
the final rule under subsection (a)(1), in order to be eligible
to receive a grant under a program identified by the Attorney
General under paragraph (2), the chief executive of a State or
unit of local government seeking such a grant shall submit to
the Attorney general a certification that the State or local
government has adopted, and is in full compliance with the
national standards described in subsection (a)(1).
(2) Covered grant programs.--The Attorney General shall
identify grant programs carried out by the Department of
Justice which provide funding to States and units of local
government for the construction, maintenance, or operation of
correctional facilities, and make a list of such programs
publicly available.
SEC. 9013. DEFINITIONS.
For purposes of this Act, 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 3 of this Act.
(3) Long-term.--The term ``long-term'' means any period
lasting more than 30 days, consecutive or nonconsecutive, in
any 45-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) Correctional facility.--The term ``correctional
facility'' means a Federal, State, local, or privately run
prison, jail, or juvenile detention facility.
TITLE X--COLLATERAL CONSEQUENCES
SEC. 10001. 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
6, 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. 10002. REPEAL OF DENIAL OF ASSISTANCE AND BENEFITS FOR CERTAIN
DRUG-RELATED CONVICTIONS.
The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 is amended by striking section 115 (21 U.S.C. 862).
SEC. 10003. 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 subparagraph (B), 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), including through 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.--The prohibition under
subsection (a) shall not apply with respect to an applicant for an
appointment to a position--
``(1) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A); or
``(2) as a Federal law enforcement officer (as defined in
section 115(c) of title 18).
``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 Act).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this Act), 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
section 9202 of title 5, United States Code, under
subparagraph (A), a reference in such section to a
conditional offer in such section shall be considered
to be an offer of employment to 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 sections 404(2), 407, and 408), 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
2017, 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 2017 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 amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
207 as the item relating to section 208; and
(B) by inserting after the item relating to section
206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(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 2017, 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 2017 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. 10004. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Division C of subtitle I of title 41,
United States Code, is amended by adding at the end the
following new section:
``Sec. 4713. 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.--The prohibition
under paragraph (1) does not apply with respect to a contract
that requires an individual hired under the contract to access
classified information or to have sensitive law enforcement or
national security duties.
``(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;
``(C) suspending payment under the contract for
which the applicant was being considered;
``(D) terminating the contract under which the
applicant was being considered; and
``(E) referring the contractor to the suspension
and debarment office of the agency for consideration of
actions pursuant to section 9.4 of the Federal
Acquisition Regulation.
``(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 division
C of subtitle I of title 41, United States Code, is amended by
inserting after the item relating to section 4712 the following
new item:
``4713. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4713(a) 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
Act.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. 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.--The prohibition
under paragraph (1) does not apply with respect to a contract
that requires an individual hired under the contract to access
classified information or to have sensitive law enforcement or
national security duties.
``(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 penalties 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;
``(C) suspending payment under the contract for
which the applicant was being considered;
``(D) terminating the contract under which the
applicant was being considered; and
``(E) referring the contractor to the suspension
and debarment office of the agency for consideration of
actions pursuant to section 9.4 of the Federal
Acquisition Regulation.
``(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 2338(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
Act.
(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 2337 the following new item:
``2338. 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 4713 of title 41, United States Code, and
section 2338 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. 10005. 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 6 months 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 have been 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 Government
Reform of the House of Representatives; and
(D) the Committee on Education and the Workforce of
the House of Representatives.
SEC. 10006. PENALTY FOR UNAUTHORIZED PARTICIPATION BY CONVICTED
INDIVIDUAL.
(a) Prohibition.--
(1) In general.--Except with the prior written consent of
the Corporation--
(A) any person who has been convicted of any
criminal offense involving dishonesty or a breach of
trust or money laundering, or has agreed to enter into
a pretrial diversion or similar program in connection
with a prosecution for such offense, may not--
(i) become, or continue as, an institution-
affiliated party with respect to any insured
depository institution;
(ii) own or control, directly or
indirectly, any insured depository institution;
or
(iii) otherwise participate, directly or
indirectly, in the conduct of the affairs of
any insured depository institution; and
(B) any insured depository institution may not
permit any person referred to in subparagraph (A) to
engage in any conduct or continue any relationship
prohibited under such subparagraph.
(2) Minimum 10-year prohibition period for certain
offenses.--
(A) In general.--If the offense referred to in
paragraph (1)(A) in connection with any person referred
to in such paragraph is--
(i) an offense under--
(I) section 215, 656, 657, 1005,
1006, 1007, 1008,1 1014, 1032, 1344,
1517, 1956, or 1957 of title 18; or
(II) section 1341 or 1343 of such
title which affects any financial
institution (as defined in section 20
of such title); or
(ii) the offense of conspiring to commit
any such offense, the Corporation may not
consent to any exception to the application of
paragraph (1) to such person during the 10-year
period beginning on the date the conviction or
the agreement of the person becomes final.
(B) Exception by order of sentencing court.--
(i) In general.--On motion of the
Corporation, the court in which the conviction
or the agreement of a person referred to in
subparagraph (A) has been entered may grant an
exception to the application of paragraph (1)
to such person if granting the exception is in
the interest of justice.
(ii) Period for filing.--A motion may be
filed under clause (i) at any time during the
10-year period described in subparagraph (A)
with regard to the person on whose behalf such
motion is made.
(b) Penalty.--Whoever knowingly violates subsection (a) of this
section shall be fined not more than $1,000,000 for each day such
prohibition is violated or imprisoned for not more than 5 years, or
both.
(d) 2 Bank Holding Companies.--
(1) In general.--Subsections (a) and (b) shall apply to any
company (other than a foreign bank) that is a bank holding
company and any organization organized and operated under
section 25A of the Federal Reserve Act (12 U.S.C. 611 et seq.)
or operating under section 25 of the Federal Reserve Act (12
U.S.C. 601 et seq.), as if such bank holding company or
organization were an insured depository institution, except
that such subsections shall be applied for purposes of this
subsection by substituting ``Board of Governors of the Federal
Reserve System'' for ``Corporation'' each place that term
appears in such subsections.
(2) Authority of board.--The Board of Governors of the
Federal Reserve System may provide exemptions, by regulation or
order, from the application of paragraph (1) if the exemption
is consistent with the purposes of this subsection.
(e) Savings and Loan Holding Companies.--
(1) In general.--Subsections (a) and (b) shall apply to any
savings and loan holding company as if such savings and loan
holding company were an insured depository institution, except
that such subsections shall be applied for purposes of this
subsection by substituting ``Board of Governors of the Federal
Reserve System'' for ``Corporation'' each place that term
appears in such subsections.
(2) Authority of director.--The Board of Governors of the
Federal Reserve System may provide exemptions, by regulation or
order, from the application of paragraph (1) if the exemption
is consistent with the purposes of this subsection.
SEC. 10007. 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''.
SEC. 10008. 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 2020 decennial census of
population, in taking any tabulation of total population by States
under subsection (a) for purposes of the apportionment of
Representatives in Congress among the several States, the Secretary
shall, with respect to an individual incarcerated in a State, Federal,
county, or municipal 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 to collect the information
necessary to make the determination required under paragraph (1).''.
TITLE XI--GUN VIOLENCE
SEC. 11001. 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) or former dating partner''
before the period at the end; and
(2) in paragraph (33)(A)(ii)--
(A) by striking ``or by'' and inserting ``by''; and
(B) by inserting ``, or by a dating partner (as
defined in section 2266) or former dating partner of
the victim'' before the period at the end.
SEC. 11002. UNLAWFUL SALE OF FIREARM TO A PERSON SUBJECT TO COURT
ORDER.
Section 922(d)(8) of title 18, United States Code, is amended to
read as follows:
``(8) is subject to a court order described in subsection
(g)(8); or''.
SEC. 11003. LIST OF PERSONS SUBJECT TO A RESTRAINING OR SIMILAR ORDER
PROHIBITED FROM POSSESSING OR RECEIVING A FIREARM
EXPANDED.
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. 11004. STALKING PROHIBITIONS.
(a) Sales or Other Dispositions of Firearms or Ammunition.--Section
922(d) of title 18, United States Code, as amended by section 3 of this
Act, 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, 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 4 of this Act, 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, 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,''.
SEC. 11005. FINDINGS.
The Congress finds as follows:
(1) As of December 4, 2017, there have been 56,825
incidents of gun violence in the United States in 2017.
(2) As of December 4, 2017, there have been 14,319 deaths
related to gun violence in the United States in 2017.
(3) Defining a mass shooting as an incident of violence
during which four or more people are shot, not including the
shooter--
(A) there have been 327 mass shootings in the
United States in 2017;
(B) on average, there is more than one mass
shooting each day in the United States; and
(C) there have been more than 1,500 mass shootings
in the United States since the shooting at Sandy Hook
Elementary in 2012.
SEC. 11006. RESEARCH ON MENTAL HEALTH, GUN VIOLENCE, AND HOW THEY
INTERSECT.
Effective on the date of enactment of the Consolidated
Appropriations Act, 2016 (Public Law 114-113), section 210 (prohibiting
the availability of funds to advocate or promote gun control) of title
II of division H of such Act (relating to the Department of Health and
Human Services) is amended to read as follows:
``Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control. Nothing
in this section shall be construed to limit funding for the conduct or
support of research on mental health, gun violence, and how they
intersect.''.
SEC. 11007. 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, including mental health, of gun violence in the United States
during the preceding year, and the status of actions taken to address
such effects.
SEC. 11008. REPORT ON EFFECTS OF GUN VIOLENCE ON MENTAL HEALTH IN
MINORITY COMMUNITIES.
Not later than one year after the date of the enactment of this
Act, the Deputy Assistant Secretary for Minority Health in the Office
of the Secretary of Health and Human Services shall submit to Congress
a report on the effects of gun violence on public health, including
mental health, in minority communities in the United States, and the
status of actions taken to address such effects.
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