[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).

                          ____________________