[Congressional Record Volume 164, Number 59 (Thursday, April 12, 2018)]
[Senate]
[Pages S2121-S2125]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WYDEN (for himself, Mr. Brown, and Mr. Casey):
S. 2653. A bill to create a poverty relief benefit under title II of
the Social Security Act for eligible individuals; to the Committee on
Finance.
Mr. WYDEN. Mr. President, every day, Social Security provides vital
benefits to millions of Americans who worked and paid into the system,
and I cannot overstate the important anti-poverty role that the program
plays. Supplemental Security Income or SSI is the safety net of last
resort for individuals who have not worked enough to qualify for Social
Security. Even with these critical income support programs, more and
more seniors and people with disabilities find themselves struggling to
keep up with the costs of the things they need just to get by.
Although Social Security and SSI automatically increase each year
when there is an increase in the cost of living, over time those
increases do not allow beneficiaries to maintain their standard of
living. Because Social Security provides an increasingly larger share
of the elderly's income as they age, even a slight decrease in value of
these lifeline benefits can lead to poverty and hardship. Too many
seniors are walking on an economic tightrope, balancing their food bill
against their rent against their utility bill. It's time to update
Social Security's guarantee of a secure retirement, and this bill is a
landmark step towards accomplishing that goal. I'm particularly hopeful
about the benefits this bill will have for older American women, who
live longer and often have less retirement savings.
To help combat the risk of poverty among the most vulnerable
receiving Social Security and SSI, I, along with Senators Brown and
Casey, are introducing the Elder Poverty Relief Act. This bill creates
a monthly Poverty Relief Benefit for almost everyone over age 82,
individuals who have been relying on Social Security or SSI for a long
time, or who have worked in low-paying jobs and receive a very small
Social Security benefit. The Poverty Relief benefit will also go to
seniors who receive only SSI. If enacted, in 2019, the Poverty Relief
Benefit would provide an additional $85 a month to almost 14 million
people. The Poverty Relief Benefit will grow by roughly 4 percent each
year. SSA estimates that the enactment of the Poverty Relief Benefit
would reduce poverty among seniors who received the benefit by almost
25 percent in 2030 which would lift 420,000 seniors out of poverty.
Notably, the enactment of the Poverty Relief Benefit would not
accelerate the depletion year of the Social Security trust funds. The
bill has been endorsed by the Gray Panthers, Justice in Aging, the
National Committee to Preserve Social Security and Medicare, Social
Security Works, and the Strengthen Social Security Coalition.
For most seniors, Social Security is the only income they will
receive that's guaranteed to last as long as they live. But despite
these important benefits, poverty among seniors grows--with some
studies showing the poverty rate among the very old is between 12 and
19 percent. We simply must do more to protect the financial stability
of our elderly friends, neighbors, and relatives and enactment of the
Poverty Relief Benefit would help reduce poverty among America's
seniors. These are workers who sent a chunk of every paycheck to the
Federal government with the understanding that they'd be getting it
back in their later year when they needed it most. We must do right by
them.
Mr. President: I ask unanimous consent that a letter from the
National Committee to Preserve Social Security and Medicare be inserted
into the
[[Page S2122]]
Record following my remarks about the Elderly Poverty Act.
National Committee to Preserve
Social Security & Medicare,
Washington, DC, March 16, 2018.
Hon. Ron Wyden,
Washington, DC.
Dear Senator Wyden: On behalf of the millions of members
and supporters of the National Committee to Preserve Social
Security and Medicare, I write to endorse your bill, the
``Elder Poverty Relief Act.'' We applaud your leadership in
developing new and innovative approaches for alleviating
poverty among America's seniors.
The ``Elder Poverty Relief Act'' addresses the long-
standing problem of seniors falling into poverty after being
on the Social Security rolls for many years. This occurs when
inflation, only partially offset by annual cost-of-living
adjustments, gradually erodes the purchasing power of a
Social Security benefit for beneficiaries who have
participated in the program for several years.
The ``Elder Poverty Relief Act'' will help alleviate
poverty among the elderly and the disabled by granting each
beneficiary a monthly increase in their benefit equal to
about $85. This bump-up will increase for future
beneficiaries in tandem with growth in wages in the economy.
Benefits under the ``Elder Poverty Relief Act'' will be
paid to:
Social Security beneficiaries beginning at age 82 (or
older) and to Supplemental Security Income (SSI) recipients
when they reach their full retirement age (currently 66,
increasing gradually to age 67);
Social Security and SSI beneficiaries who have received
benefits for 20 years; and to
Social Security beneficiaries with low monthly benefits
(currently about $944) when they reach their full retirement
age.
The ``Elder Poverty Relief Act'' embodies legislation that
the National Committee to Preserve Social Security and
Medicare has supported for a number of years. In testimony
given before the Senate Finance Committee at a hearing on
December 9, 2014, Catherine Dodd, who is the chair of the
National Committee's board of directors, recommended
increasing benefits for seniors who have received Social
Security for many years.
For these reasons, the National Committee endorses your
bill, the ``Elder Poverty Relief Act.'' We thank you for your
leadership on this matter and look forward to working with
you to enact this important improvement to Social Security.
Sincerely,
Max Richtman,
President and CEO.
Mr. WYDEN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2653
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Poverty Relief Act''.
SEC. 2. POVERTY RELIEF BENEFIT.
(a) In General.--Title II of the Social Security Act (42
U.S.C. 201 et seq.) is amended by adding at the end the
following new section:
``poverty relief benefit
``Sec. 235. (a) Subject to subsection (d), any eligible
individual shall be entitled to a poverty relief benefit that
shall be--
``(1) in addition to any other amounts to which the
individual is entitled under this title;
``(2) certified and paid monthly in such manner as the
Commissioner of Social Security (referred to in this section
as the `Commissioner') considers appropriate; and
``(3) equal to the monthly benefit amount determined under
subsection (b).
``(b)(1) Subject to paragraph (4), the monthly benefit
amount determined under this subsection for any calendar year
shall be a dollar amount equal to 1/12th of 2 percent of the
national average wage index for the year (as defined in
section 209(k)(1)).
``(2) If the monthly benefit amount determined under
paragraph (1) is not a whole dollar, such amount shall be
rounded down to the next lower whole dollar.
``(3) The Commissioner shall determine the monthly benefit
amount under this subsection for each calendar year not later
than October 1 of the preceding calendar year, based on the
most recent data that is available.
``(4) If the monthly benefit amount determined for a
calendar year under paragraph (1) is less than the monthly
benefit amount determined for any previous calendar year, the
highest monthly benefit amount determined for a previous year
shall be the monthly benefit amount for the calendar year
involved.
``(5) For purposes of a monthly benefit amount payable to
an eligible individual pursuant to this section, such amount
shall be payable for each month during the 12-month period
from the month of December of the applicable calendar year
under such subsection through the month of November of the
subsequent calendar year.
``(c)(1) For purposes of this section, the term `eligible
individual' means any of the following:
``(A) An individual who--
``(i) is entitled to a monthly benefit under subsections
(a) through (h) of section 202 or section 223(a); and
``(ii) attains 82 years of age or 240 benefit months (as
defined in paragraph (3)) on the basis of the wages and self-
employment income of 1 individual, whichever is earlier.
``(B) An individual who--
``(i) is eligible for supplemental security income benefits
under title XVI; and
``(ii) attains retirement age (as defined in section
216(l)) or 240 benefit months (as defined in paragraph (3)),
whichever is earlier.
``(C) An individual who--
``(i) is entitled to a monthly benefit under subsections
(a) through (h) of section 202;
``(ii) attains retirement age (as defined in section
216(l));
``(iii) has average indexed monthly earnings which do not
exceed the amount specified in subparagraph (B) of section
215(a)(1) for the purposes of clause (i) of subparagraph (A)
of such section 215(a); and
``(iv) has not less than 11 years of coverage (as defined
for purposes of section 215(a)(7)(D)).
``(2)(A) An individual's entitlement to a poverty relief
benefit under this section shall be suspended if, during any
month, the individual ceases to be an eligible individual.
``(B) In the case of an individual described in
subparagraph (A) who subsequently satisfies the requirements
under paragraph (1), such individual shall be reentitled to a
poverty relief benefit under this section.
``(3)(A) Subject to subparagraphs (B) and (C), for purposes
of this subsection, the term `benefit month' means a month
for which an individual has--
``(i) attained age 19; and
``(ii) been--
``(I) entitled to a monthly benefit under subsections (a)
through (h) of section 202 or section 223(a); or
``(II) eligible for supplemental security income benefits
under title XVI.
``(B) The term `benefit month' shall not include any month
in which an individual is--
``(i) entitled to a benefit under section 202 that is not
payable or reduced to zero by application of subsection (k),
(n), (t), (u), (v), or (x) of such section and is not
eligible for a benefit under title XVI (or is eligible for a
benefit under such title but the benefit is not payable or
reduced to zero);
``(ii) eligible for a benefit under title XVI that is not
payable or reduced to zero and is not entitled to a benefit
under sections 202 or 223 (or is entitled to a benefit under
such section 202 but the benefit is not payable or reduced to
zero); or
``(iii) subject to a penalty under section 1129A.
``(C) In the case of an individual who is entitled to a
monthly insurance benefit described in subclause (I) of
subparagraph (A)(ii) on the basis of the wages and self-
employment income of more than 1 individual, a benefit month
shall be determined based on the wages and self-employment
income that are the basis of the largest benefit to which
such individual is entitled for such month.
``(d)(1) In no case shall an eligible individual be
entitled to more than 1 poverty relief benefit under this
section for any month.
``(2) For any month in which an eligible individual is
entitled to a monthly benefit described in subsection
(c)(1)(A)(i) on the basis of the wages and self-employment
income of more than 1 individual, a poverty relief benefit
under this section may only be paid for such month on the
basis of the wages and self-employment that are the basis for
the largest monthly benefit to which such individual is
entitled for such month.
``(3) Any amounts provided to an eligible individual
pursuant to this section shall not be regarded as income or
earnings for purposes of determining the eligibility of the
recipient for benefits or assistance, or the amount or extent
of benefits or assistance, under any Federal program or under
any State or local program financed in whole or in part with
Federal funds, or the eligibility for or extent of benefits
or assistance under such programs of any individual for whom
the income of the recipient is counted.''.
(b) Railroad Retirement Act.--Section 19 of the Railroad
Retirement Act of 1974 (45 U.S.C. 231r) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1) An individual entitled to an annuity component
computed under section 3(a)(1), 4(a)(1), or 4(f)(1) of this
Act shall be entitled to the benefit described in section 235
of the Social Security Act, subject to the requirements and
conditions set forth therein.''; and
(3) in subsection (e), as so redesignated, by striking
``subsection (a), (b), or (c)'' each place it appears and
inserting ``subsection (a), (b), (c), or (d)''.
(c) Source of Funds.--Subsection (h) of section 201 of the
Social Security Act (42 U.S.C. 401) is amended to read as
follows:
``(h)(1) Benefit payments required to be made under section
223, and benefit payments required to be made under
subsection (b), (c), or (d) of section 202 to individuals
entitled to benefits on the basis of the wages and self-
employment income of an individual entitled to disability
insurance benefits, shall be made only from the Federal
Disability Insurance Trust Fund. All other benefit payments
required to be made under this title (other than sections 226
and 235) shall be made only from the Federal Old-Age and
Survivors Insurance Trust Fund.
``(2) Any benefit payment required to made under section
235 to an individual entitled to
[[Page S2123]]
a poverty relief benefit under such section shall be made--
``(A) in the case of an individual who is also entitled to
a benefit under section 202 or 223, from the same trust fund
from which the individual's benefit under section 202 or 223
is made; and
``(B) in the case of an individual who is not entitled to a
benefit under section 202 or 223, from funds appropriated for
such purpose pursuant to the authorization of appropriations
in section 1601.''.
(d) Authorization of Appropriations.--Section 1601 of the
Social Security Act (42 U.S.C. 1381) is amended by striking
``there are authorized'' and all that follows through the
period and inserting the following: ``and to make poverty
relief benefit payments under section 235 to individuals who
are described in section 201(h)(2)(B), there are authorized
to be appropriated sums sufficient to carry out this title
and make such payments.''.
(e) Effective Date.--The amendments made by this section
shall apply to benefits payable for months beginning after
November 2018.
______
By Mr. CORNYN (for himself, Mr. Manchin, Mr. Tillis, and Ms.
Harris):
S. 2664. A bill to reform the GEAR UP program; to the Committee on
Health, Education, Labor, and Pensions.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2664
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GEAR UP for Success Act of
2018''.
SEC. 2. GAINING EARLY AWARENESS AND READINESS FOR
UNDERGRADUATE PROGRAMS AMENDMENTS.
Chapter 2 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a-21 et seq.) is amended--
(1) in section 404A (20 U.S.C. 1070a-21)--
(A) in the matter preceding subparagraph (A) of subsection
(a)(1), by inserting ``for college readiness'' after
``academic support''; and
(B) in subsection (b)--
(i) by striking paragraph (3) and inserting the following:
``(3) Priority.--In making awards to eligible entities
described in subsection (c), the Secretary--
``(A) may give a competitive priority--
``(i) to eligible entities that--
``(I) on the day before the date of enactment of the GEAR
UP for Success Act of 2018, carried out successful
educational opportunity programs under this chapter (as this
chapter was in effect on such day); and
``(II) have a prior, demonstrated commitment to early
intervention leading to college access and readiness through
collaboration and replication of successful strategies;
``(ii) to eligible entities that ensure that students
served under this chapter on the day before the date of
enactment of the GEAR UP for Success Act of 2018 continue to
receive assistance through the completion of secondary
school; or
``(iii) to eligible entities that meet the requirements of
clauses (i) and (ii); and
``(B) shall not give a competitive priority on any other
basis.''; and
(ii) by adding at the end the following:
``(4) Multiple award prohibition.--Any eligible entity
described in subsection (c)(1) that receives a grant under
this chapter shall not be eligible to receive an additional
grant under this chapter until after the date on which the
initial grant period expires.'';
(2) in section 404B(d)(1) (20 U.S.C. 1070a-22(d)(1))--
(A) in subparagraph (A), by inserting ``and'' after the
semicolon;
(B) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C);
(3) in section 404C (20 U.S.C. 1070a-23)--
(A) in subsection (b)(1)(A)--
(i) by inserting ``matching funds'' after ``will provide'';
(ii) by inserting ``equaling'' after ``private funds,'';
and
(iii) by striking ``the cost of the program, which matching
funds'' and inserting ``total Federal grant award, which'';
and
(B) by striking subsection (d) and inserting the following:
``(d) Peer Review Panels and Competitions.--The Secretary--
``(1) shall convene peer review panels to assist in making
determinations regarding the awarding of grants under this
chapter; and
``(2) shall host a grant competition to make new awards
under this chapter in any year in which there are funds
available to make new awards.'';
(4) in section 404D (20 U.S.C. 1070a-24)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``or former participants
of a program under this chapter'' and inserting ``, former
participants of a program under this chapter, or peers and
near peers'' after ``adults'';
(ii) in paragraph (3), by inserting ``academic, social, and
postsecondary planning'' after ``supportive'';
(iii) in paragraph (10)--
(I) by redesignating subparagraphs (E) through (K) as
subparagraphs (F) through (L), respectively;
(II) by inserting after subparagraph (D) the following:
``(E) counseling or referral services to address the
behavioral, social-emotional, and mental health needs of at-
risk students;'';
(III) in subparagraph (I), as redesignated by subclause
(I), by inserting ``, cognitive, non-cognitive, and credit-
by-examination'' after ``skills'';
(IV) in subparagraph (K), as redesignated by subclause (I),
by striking ``and'' after the semicolon;
(V) in subparagraph (L), as redesignated by subclause (I),
by striking the period at the end and inserting ``; and'';
and
(VI) by adding at the end the following:
``(M) capacity building activities that create college-
going cultures in participating schools and local educational
agencies.''; and
(iv) by adding at the end the following:
``(16) Creating or expanding secondary school drop-out
recovery programs that allow students who have dropped out of
secondary school to complete a regular secondary school
diploma and begin college-level work.
``(17) Establishing data collection and data sharing
agreements to obtain, analyze, and report postsecondary
outcome data for eligible students for a period of not more
than 72 months after the end of the grant award period, which
may include postsecondary enrollment, persistence, and
completion data.
``(18) Establishing or maintaining an agreement with a
consortium of eligible entities described in section 404A(c)
to--
``(A) foster collaborative approaches to research and
evaluation;
``(B) improve the quality of data collection, data sharing,
analysis and reporting; and
``(C) apply evidence to improve programs and evaluation
under this chapter.
``(19) Providing services under this chapter to students
who have received services under a previous grant award under
this chapter but have not yet completed grade 12.'';
(B) in subsection (c)--
(i) in paragraph (3), by inserting ``and technical
assistance'' after ``support''; and
(ii) by striking paragraph (9); and
(C) in subsection (d)--
(i) in paragraph (3), by striking ``or'';
(ii) by redesignating paragraph (4) as paragraph (5); and
(iii) by inserting after paragraph (3) the following:
``(4) eligible for free or reduced-price lunch under the
Richard B Russell National School Lunch Act; or'';
(5) in section 404E (20 U.S.C. 1070a-25)--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(ii) by inserting before paragraph (2), as redesignated by
clause (i), the following:
``(1) Application requirements.--
``(A) Plan for maintenance of financial assistance.--An
eligible entity proposing to establish or maintain a
financial assistance program providing scholarships for
students assisted by the program of the eligible entity under
this chapter shall include a plan regarding the financial
application program with the application submitted under
section 404C.
``(B) Scholarship details.--Under a plan described in
subparagraph (A), an eligible entity--
``(i) may elect to offer 1 or more types of scholarships;
and
``(ii) shall describe, for each type of scholarship--
``(I) the minimum and maximum awards for the scholarships,
consistent with section 404E(d), based on criteria and
disbursement priorities established by the eligible entity;
``(II) the duration of the scholarships, which may be
single-year or multi-year awards;
``(III) the enrollment requirements for participating
students, which may include providing scholarships for
participating students who are enrolled in an institution of
higher education on less than a full-time basis during any
award year; and
``(IV) notwithstanding subsection (g), any additional
student eligibility criteria established by the eligible
entity for earning and maintaining scholarships under this
section, including--
``(aa) financial need;
``(bb) meeting participation milestones in the activities
offered by the eligible entity under section 404D;
``(cc) meeting and maintaining satisfactory academic
milestones; and
``(dd) other criteria aligned with State and local goals to
incentivize postsecondary readiness, access, and success.'';
and
(iii) in paragraph (3), as redesignated by clause (i), by
striking ``may award'' and inserting ``may use not less than
10 percent and not more than 50 percent of funds made
available under this chapter to award'';
(B) in subsection (b)--
(i) in the subsection heading, by inserting ``State''
before ``Limitation''; and
(ii) in paragraph (2), by striking ``eligible entity
demonstrates'' and all that follows through the period at the
end and inserting the following: ``eligible entity--
``(I) demonstrates that the eligible entity has another
means of providing the students with the financial assistance
described in this section or eligible students have
reasonable access to State and local financial assistance
programs; and
[[Page S2124]]
``(II) describes such means or access in the application
submitted under section 404C.'';
(C) in subsection (e)--
(i) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Scholarship plan.--Each eligible entity described in
section 404A(c)(1) that receives a grant under this chapter
shall hold in reserve, for the students served by such grant
as described in section 404B(d)(1)(A) or 404D(d), an
estimated amount that is based on the eligible entity's
scholarship plan described in subsection (a)(1).
``(B) Interest use.--Interest earned on funds held in
reserve under subparagraph (A) may be used by the eligible
entity to administer the scholarship program during the award
period and through the post-award period described in
paragraph (4).'';
(ii) in paragraph (2)(B), by inserting ``, or been accepted
for enrollment,'' after ``enrolled''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by striking ``and'' after the
semicolon;
(II) by redesignating subparagraph (B) as subparagraph (C);
and
(III) by inserting after subparagraph (A) the following:
``(B) the costs associated with enrolling in an institution
of higher education; and''; and
(D) in subsection (g)--
(i) in paragraph (3)--
(I) by inserting `` or, if the eligible entity chooses, in
another program of study or credential program for which an
individual could use funds received under a Federal Pell
Grant to attend,'' before ``that is located''; and
(II) by striking ``except that, at the State's option'' and
inserting ``except that, at the eligible entity's option'';
and
(ii) in paragraph (4), by inserting ``and qualifies for an
award, consistent with the eligible entity's scholarship plan
as described in subsection (a)(1)'' after ``404D(a)'';
(6) in section 404G (20 U.S.C. 1070a-27)--
(A) in subsection (b)--
(i) in paragraph (1), by striking ``and'' after the
semicolon;
(ii) in paragraph (2), by striking the period at the end
and inserting ``; and''; and
(iii) by inserting after paragraph (2) the following:
``(3) include the following metrics:
``(A) The number of students completing the Free
Application for Federal Student Aid under section 483.
``(B) If applicable, the number of students receiving a
scholarship under section 404E.
``(C) The graduation rate of participating students from
high school.
``(D) The enrollment of participating students into
postsecondary education.
``(E) Such other metrics as the Secretary may require.'';
and
(B) in subsection (c)--
(i) in the subsection heading, by inserting ``and Technical
Assistance'' after ``Federal Evaluation'';
(ii) in the matter preceding paragraph (1)--
(I) by inserting ``after consultation with the community of
eligible entities receiving grants under this chapter and''
after ``Secretary shall,'';
(II) by striking ``0.75'' and inserting ``1''; and
(III) by striking ``evaluate the effectiveness of the
program and, as appropriate, disseminate the results of the
evaluation. Such evaluation shall include a separate analysis
of'';
(iii) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
margins appropriately; and
(iv) before subparagraph (A) (as redesignated by clause
(iii)), by inserting the following:
``(1) provide pre-application technical assistance
workshops for eligible entities and potential applicants in
any year in which new awards are expected to be made;
``(2) support initiatives designed to improve the research,
data collection and infrastructure, and evaluation capacity
of eligible entities; and
``(3) evaluate the effectiveness of the program and, as
appropriate, disseminate the results of the evaluation. Such
evaluation may include a separate analysis of--''; and
(7) in section 408H (20 U.S.C. 1070a-28), by striking
``2009'' and inserting ``2019''.
______
By Mr. McCONNELL (for himself, Mr. Wyden, Mr. Merkley, and Mr.
Paul):
S. 2667. A bill to amend the Agricultural Marketing Act of 1946 to
provide for State and Tribal regulation of hemp production, and for
other purposes; read the first time.
Mr. McCONNELL. Mr. President, I ask unanimous consent that the text
of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2667
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hemp Farming Act of 2018''.
SEC. 2. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
``Subtitle G--Hemp Production
``SEC. 297A. DEFINITIONS.
``In this subtitle:
``(1) Hemp.--The term `hemp' means the plant Cannabis
sativa L. and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(5) State department of agriculture.--The term `State
department of agriculture' means the agency, commission, or
department of a State government responsible for agriculture
in the State.
``(6) Tribal government.--The term `Tribal government'
means the governing body of an Indian tribe.
``SEC. 297B. STATE AND TRIBAL PLANS.
``(a) Submission.--
``(1) In general.--A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp in
the State or territory of the Indian tribe shall submit to
the Secretary, through the State department of agriculture
(in consultation with the Governor and chief law enforcement
officer of the State) or the Tribal government, as
applicable, a plan under which the State or Indian tribe
monitors and regulates that production as described in
paragraph (2).
``(2) Contents.--A State or Tribal plan referred to in
paragraph (1)--
``(A) shall only be required to include--
``(i) a practice to maintain relevant information regarding
land on which hemp is produced in the State or territory of
the Indian tribe, including a legal description of the land,
for a period of not less than 3 calendar years;
``(ii) a procedure for testing, using post-decarboxylation
or other similarly reliable methods, delta-9
tetrahydrocannabinol concentration levels of hemp produced in
the State or territory of the Indian tribe;
``(iii) a procedure for the effective disposal of products
that are produced in violation of this subtitle; and
``(iv) a procedure to comply with the enforcement
procedures under subsection (d); and
``(B) may include any other practice or procedure
established by a State or Indian tribe, as applicable, to the
extent that the practice or procedure is consistent with this
subtitle.
``(3) Relation to state and tribal law.--
``(A) No preemption.--Nothing in this subsection preempts
or limits any law of a State or Indian tribe regulating the
production of hemp, to the extent that law is consistent with
this subtitle.
``(B) References in plans.--A State or Tribal plan referred
to in paragraph (1) may include a reference to a law of the
State or Indian tribe regulating the production of hemp, to
the extent that law is consistent with this subtitle.
``(b) Approval.--
``(1) In general.--Not later than 60 days after receipt of
a State or Tribal plan under subsection (a), the Secretary
shall--
``(A) approve the State or Tribal plan if the State or
Tribal plan complies with subsection (a); or
``(B) disapprove the State or Tribal plan only if the State
or Tribal plan does not comply with subsection (a).
``(2) Amended plans.--If the Secretary disapproves a State
or Tribal plan under paragraph (1)(B), the State, through the
State department of agriculture (in consultation with the
Governor and chief law enforcement officer of the State) or
the Tribal government, as applicable, may submit to the
Secretary an amended State or Tribal plan that complies with
subsection (a).
``(c) Technical Assistance.--The Secretary may provide
technical assistance to a State or Indian tribe in the
development of a State or Tribal plan under subsection (a).
``(d) Violations.--
``(1) In general.--A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
``(2) Negligent violations.--
``(A) In general.--A hemp producer in a State or the
territory of an Indian tribe for which a State or Tribal plan
is approved under subsection (b) shall be subject to
subparagraph (B) of this paragraph if the State department of
agriculture or Tribal government, as applicable, determines
that the hemp producer has negligently violated the State or
Tribal plan, including by negligently--
``(i) failing to provide a legal description of land on
which the producer produces hemp;
``(ii) failing to obtain a license or other required
authorization from the State department of agriculture or
Tribal government, as applicable; or
``(iii) producing Cannabis sativa L. with a delta-9
tetrahydrocannabinol concentration
[[Page S2125]]
of more than 0.3 percent on a dry weight basis.
``(B) Corrective action plan.--A hemp producer described in
subparagraph (A) shall comply with a plan established by the
State department of agriculture or Tribal government, as
applicable, to correct the negligent violation, including--
``(i) a reasonable date by which the hemp producer shall
correct the negligent violation; and
``(ii) a requirement that the hemp producer shall
periodically report to the State department of agriculture or
Tribal government, as applicable, on the compliance of the
hemp producer with the State or Tribal plan for a period of
not less than the next 2 calendar years.
``(C) Result of negligent violation.--Except as provided in
subparagraph (D), a hemp producer that negligently violates a
State or Tribal plan under subparagraph (A) shall not be
subject to any criminal or civil enforcement action by the
Federal Government or any State government, Tribal
government, or local government other than the enforcement
action authorized under subparagraph (B).
``(D) Repeat violations.--A hemp producer that negligently
violates a State or Tribal plan under subparagraph (A) 3
times in a 5-year period shall be ineligible to produce hemp
for a period of 5 years beginning on the date of the third
violation.
``(3) Other violations.--If the State department of
agriculture or Tribal government in a State or the territory
of an Indian tribe for which a State or Tribal plan is
approved under subsection (b), as applicable, determines that
a hemp producer in the State or territory has violated the
State or Tribal plan with a culpable mental state greater
than negligence--
``(A) the State department of agriculture or Tribal
government, as applicable, shall immediately report the hemp
producer to--
``(i) the Attorney General; and
``(ii) in the case of a State department of agriculture,
the chief law enforcement officer of the State; and
``(B) paragraph (1) of this subsection shall not apply to
the violation.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``(f) Effect.--Nothing in this section prohibits the
production of hemp in a State or the territory of an Indian
tribe for which a State or Tribal plan is not approved under
this section in accordance with other Federal laws (including
regulations).
``SEC. 297C. AUTHORITY TO ISSUE REGULATIONS AND GUIDELINES.
``The Secretary shall have sole authority to issue Federal
regulations and guidelines that relate to the production of
hemp, including Federal regulations and guidelines that
relate to the implementation of section 297B.''.
SEC. 3. FUNDING FOR HEMP RESEARCH.
(a) Supplemental and Alternative Crops.--Section
1473D(c)(3)(E) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319d(c)(3)(E)) is amended by inserting ``(including hemp (as
defined in section 297A of the Agricultural Marketing Act of
1946))'' after ``material''.
(b) Critical Agricultural Materials.--Section 5(b)(9) of
the Critical Agricultural Materials Act (7 U.S.C. 178c(b)(9))
is amended by inserting ``, and including hemp (as defined in
section 297A of the Agricultural Marketing Act of 1946)''
after ``hydrocarbon-containing plants''.
SEC. 4. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.
(a) In General.--Section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as
to appear in alphabetical order;
(2) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Industrial Hemp Research''; and
(3) by adding at the end the following:
``(c) Study and Report.--
``(1) In general.--The Secretary shall conduct a study of
agricultural pilot programs--
``(A) to determine the economic viability of the domestic
production and sale of industrial hemp; and
``(B) that shall include a review of--
``(i) each agricultural pilot program; and
``(ii) any other agricultural or academic research relating
to industrial hemp.
``(2) Report.--Not later than 120 days after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report describing the results of the study
conducted under paragraph (1).''.
(b) Repeal.--Effective on the date that is 1 year after the
date of enactment of this Act, section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940) is repealed.
SEC. 5. FEDERAL CROP INSURANCE.
(a) Definition of Hemp.--Section 502(b) of the Federal Crop
Insurance Act (7 U.S.C. 1502(b)) is amended--
(1) by redesignating paragraphs (8) through (11) as
paragraphs (9) through (12), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Hemp.--The term `hemp' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946.''.
(b) Insurance Period.--Section 508(a)(2) of the Federal
Crop Insurance Act (7 U.S.C. 1508(a)(2)) is amended by
striking ``and sweet potatoes'' and inserting ``sweet
potatoes, and hemp''.
(c) Submission of Policies and Materials to Board.--Section
508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Corporation shall'' and
inserting the following:
``(i) In general.--The Corporation shall'';
(C) in clause (i)(I) (as so redesignated), by inserting
``subject to clause (ii),'' before ``will likely''; and
(D) by adding at the end the following:
``(ii) Waiver for hemp.--The Corporation may waive the
viability and marketability requirement under clause (i)(I)
in the case of a policy or pilot program relating to the
production of hemp.''; and
(2) in paragraph (3)(C)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of reviewing policies and other
materials relating to the production of hemp, may waive the
viability and marketability requirement under subparagraph
(A)(ii)(I).''.
(d) Agricultural Commodity.--Section 518 of the Federal
Crop Insurance Act (7 U.S.C. 1518) is amended by inserting
``hemp,'' before ``aquacultural species''.
(e) Research and Development Authority.--Section 522(b) of
the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is
amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the viability
and marketability requirements under this paragraph in the
case of research and development relating to a policy to
insure the production of hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive the
marketability requirement under subparagraph (A) in the case
of research and development relating to a policy to insure
the production of hemp.''.
SEC. 6. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 102(16) of the Controlled
Substances Act (21 U.S.C. 802(16)) is amended--
(1) by striking ``(16) The'' and inserting ``(16)(A)
Subject to subparagraph (B), the''; and
(2) by striking ``Such term does not include the'' and
inserting the following:
``(B) The term `marihuana' does not include--
``(i) hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946; or
``(ii) the''.
(b) Tetrahydrocannabinol.--Schedule I, as set forth in
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), is amended in subsection (c)(17) by inserting after
``Tetrahydrocannabinols'' the following: ``, except for
tetrahydrocannabinols in hemp (as defined under section 297A
of the Agricultural Marketing Act of 1946)''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act authorizes interference with the
interstate commerce of hemp (as defined in section 297A of
the Agricultural Marketing Act of 1946, as added by section
2).
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