[Congressional Record Volume 165, Number 84 (Monday, May 20, 2019)]
[Senate]
[Pages S2964-S2972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCONNELL (for himself and Mr. Kaine):
  S. 1541. A bill to increase the minimum age for sale of tobacco 
products to 21; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. McCONNELL. Mr. President, today, I am introducing Federal 
legislation to make 21 the new minimum age for purchasing any tobacco 
product anywhere in the United States. Let me say that again--a new age 
nationwide for purchasing anything classified as a tobacco product--
cigarettes, e-cigarettes, vapor products, and everything else. It 
shouldn't be 18 any longer; it should be 21, and this legislation will 
make that happen.
  I recognize I might seem like an unusual candidate to lead this 
charge. I am the senior Senator from Kentucky. I have consistently 
stood up for our Kentucky farmers, including our tobacco farmers. I 
championed the tobacco buyout back in 2004. But actually my long 
experience with this subject and my commitment to farm families are 
part of what has convinced me that now is the right time to do this. I 
would like to say a few words about why.
  Tobacco has been deeply intertwined in our Nation's history from the 
very beginning. Native Americans grew it and used it before European 
explorers ever arrived. John Rolfe--the famous settler who later 
married Pocahontas--kick-started Virginia's export economy using 
foreign tobacco seeds in 1612.
  By the eve of the Revolution, tobacco was a major export and a huge 
part of

[[Page S2965]]

our colony's prosperity. Many tobacco farmers were energetic early 
backers of independence. George Washington grew tobacco at Mount 
Vernon, at first as his primary crop. In Benjamin Franklin's 
newspapers, some of the earliest ads for American tobacco ran alongside 
the essays urging Americans to stand up for freedom. Several million 
pounds of tobacco were actually used as collateral to help secure the 
loans they needed from France. Years later, Lewis and Clark used it as 
a peace offering to the Native Tribes they met while they were headed 
west. And, like too many other parts of early American history, 
tobacco's development was closely linked with the sin of slavery.
  So tobacco has been a part of this country right from the start--so 
much so, in fact, that right here in the U.S. Capitol, artisans 
replaced the traditional designs in many of the Roman-style columns and 
chiseled American tobacco leaves in their place. Right here in this 
Chamber, we still have some old spittoons. We used to have Senate snuff 
boxes filled on the taxpayers' dime. The residue on the floors used to 
be so considerable that Charles Dickens warned fellow visitors not to 
pick up anything they dropped unless they had a pair of gloves on. One 
of the Senators Dickens actually admired most from that visit was Henry 
Clay. And, befitting the Commonwealth of Kentucky and our own rich 
history with the crop, that legendary Kentuckian was also a legendary 
tobacco enthusiast.
  When the first settlers came over the Appalachians into what is now 
Kentucky, tobacco offered the perfect opportunity to jump-start their 
new lives. A pocketful of seeds was enough for a downpayment on a new, 
economically secure future for your family. Kentucky had fertile soil. 
We had favorable summers. We had inland waterways and access to the 
Mississippi for shipping.
  Before long, burley tobacco was a staple crop for literally tens of 
thousands of Kentucky farms. For a time, we led even Virginia and North 
Carolina as the No. 1 tobacco State. Generations of farmers, even if 
they weren't primarily tobacco growers, would plant a little corner of 
it to help float the rest of the operation. Farming tobacco put shoes 
on kids' feet. It put dinner on the table. For many in Kentucky, 
tobacco made the American dream possible. It is a central pillar of our 
State's history.
  In fact, back in the early 1900s, there was literally an armed 
conflict called the Black Patch War that revolved around tobacco 
prices. Farmers were against farmers. We are talking about beatings and 
horse whippings. Barns were burned. Eventually, martial law was 
declared in part of Kentucky. We are talking about neighbor-on-neighbor 
violence that was reminiscent of the Civil War--all over tobacco 
prices. The conflict was actually memorialized in the book ``Night 
Rider,'' the first novel by Robert Penn Warren, the famous Kentucky-
born writer who won multiple Pulitzers and served as U.S. Poet 
Laureate.
  A few decades later, in the late 1930s, Senator Alben Barkley--the 
only other Kentuckian to serve as majority leader--set up a top-down 
quota system that got Washington heavily involved in the tobacco market 
to try to provide price special assurance for farmers.
  So when I first arrived here in the Senate in 1985, more than two-
thirds of Kentucky's farmers grew some tobacco, and it accounted for 
almost half of the value of all the agricultural production in my 
State. But, of course, demand for U.S. tobacco has gone down as, among 
other factors, our knowledge of the health consequences has gone up.
  Even as early as the late 1800s, when the transition began from all 
the varied forms of tobacco toward the modern, mass-marketed, mass-
produced cigarette industry, there was concern. Those concerns went 
mainstream with the Surgeon General's report on smoking in the 1960s, 
and of course our understanding has only grown with more research. By 
2004, these concerns, plus foreign competition, were making that quota 
system less of a helpful backstop and more of a stranglehold. So there 
was interest on all sides in unwinding this archaic system without 
pulling the rug out from under our growers.
  I secured the Fair and Equitable Tobacco Reform Act, known as the 
tobacco buyout, which President Bush 43 signed into law. It wound down 
the special treatment for tobacco, while also providing the farmers who 
had invested heavily in these quotas 10 years of buyout payments to 
ease their transition.
  What has happened since then has been a very exciting story. Just as 
Kentucky farmers once led the Nation in cultivating tobacco and helped 
write that important chapter in American history, they are now helping 
to write the next chapter of innovation.
  We aren't interested in banning tobacco. We aren't interested in 
turning our backs on adults who choose to use these products or 
pretending we aren't proud of the Kentuckians who still grow it. But as 
the market has settled, many of our farmers have seized the opportunity 
to try new things.
  Just a few years before the buyout, almost 30,000 Kentucky farms were 
still growing tobacco. It still made up about one-quarter of all of our 
farmers' cash receipts statewide. But the 10-year buyout program ended 
in 2014. These days, instead of 30,000 farms growing tobacco in the 
Commonwealth, it is more like 2,600. It still brings in hundreds of 
millions of dollars, but now it is only 6 percent of our total receipts 
from agriculture. Freed from the sunk costs of a quota system, our 
farmers have been able to participate in a more free market and reap 
the benefits. In fact, overall cash receipts from agriculture actually 
set a new record in 2014--the very same year the buyout ended. I am 
proud the 2004 policy I achieved has been a success. Kentucky farmers 
have taken the ball, however, and they have run with it.
  I mentioned that George Washington initially planted a whole lot of 
tobacco at Mount Vernon before a variety of factors led him to scale it 
back and experiment with other things. One of those new crops was hemp. 
That was all the way back in the 1770s. As usual, George Washington 
knew what he was doing.
  Industrial hemp is making a comeback today, and Kentucky farmers 
asked for help to change the outdated Federal laws that confused the 
plant with cannabis and prevented them from exploring the crop.
  In 2014, I fought and won for farmers the right to explore hemp 
through State pilot projects. In last year's farm bill, my provision 
finished the job and made hemp a fully legal commodity nationwide. Now 
we are seeing the future take shape right before our eyes. Farmers in 
99 of 120 counties are growing hemp. Processors are reporting more than 
$50 million in gross sales. And this is just one of the new crops our 
farmers are using to chart new directions and connect Kentucky's past 
with its future.
  I realize this has been quite a history lesson, but Kentuckians are 
used to hearing sweeping statements about our tobacco industry from 
folks outside the State who know none of this history and yet have no 
problem forming strong opinions. We are proud of our past. We are proud 
of who we are. But Kentucky farmers don't want their children to get 
hooked on tobacco products while they are in middle school or high 
school any more than any parents anywhere want that to happen. Kentucky 
is proud of what we make, but we also take pride in the health and 
development of our children.
  The sad reality is that Kentucky has been the home to the highest 
rates of cancer in the country. We lead the entire Nation in the 
percentage of cancer cases tied directly to smoking. Our State once 
grew tobacco like none other, and now we are being hit by the health 
consequences of tobacco use like none other.
  Nationwide, we are in the middle of a completely new public health 
epidemic that is really threatening our progress in youth tobacco use--
the use of e-cigarettes and vaping. This spike has been concentrated in 
teenagers--and not just 18-year-olds. Moms and dads across the country 
are seeing their middle and high schoolers take up this new habit and 
start down a deadly path that our society has previously spent decades 
working hard to close down.
  From 2017 to 2018, high school students' use of what are classified 
as tobacco products shot up by nearly 40 percent. That is a staggering 
figure, especially in a single year. That increase is driven almost 
entirely by vaping.

[[Page S2966]]

The brain is still developing at this young age. When teenagers use 
tobacco, they are quite literally altering their brain's chemistry and 
making it more susceptible to addiction. Many young vape users aren't 
buying the products themselves but sharing them with a friend. And 
remember, 90 percent of adult daily smokers say they used their first 
tobacco product before age 19.
  Youth vaping is a public health crisis. It is our responsibility, as 
parents and public servants, to do everything we can to keep these 
harmful products out of high schools and out of youth culture. We need 
to put the national age of purchase at 21.
  That is why I am introducing this legislation in recognition of 
tobacco's storied past in Kentucky and aware of the threat that all 
tobacco products pose now and for future generations. I am proud to 
partner on this effort with Senator Tim Kaine, who represents another 
Commonwealth with a long history of growing tobacco. I know there is 
interest from Members on both sides of the aisle, including Senators 
Young, Romney, Schatz, and others. This is not a zero-sum choice 
between farmers and public health. We can support both. We need to 
support both, but the health of our children is literally at stake.
  That is why I will make enacting this legislation one of my highest 
priorities, and I look forward to working with all of our colleagues to 
make that happen.
  Mr. KAINE. Mr. President, I rise to support the words of my 
colleague, Leader McConnell, and to thank him for working on this 
important piece of legislation, the Tobacco-Free Youth Act. I will 
offer some thoughts about why I have been happy to work with Leader 
McConnell and with other Senators who share the goal of raising the 
national tobacco age to 21.
  Like Senator McConnell, I come from a tobacco State. The Jamestown-
based Virginia Company was chartered by King James, landing at 
Jamestown in 1607, and beginning the English colonization of the United 
States. They almost didn't make it. They could easily have failed like 
other English settlements in the Outer Banks of North Carolina or 
others, but two things saved them.
  The first was the magnanimity of the Powhatan Indians, who, in those 
early years, when times were tough, helped them to survive and helped 
them to get over times of drought and hunger. The second thing was the 
discovery of, as Leader McConnell mentioned, the tobacco seeds in 
Virginia that, through the efforts of John Roth and others, became such 
a powerful driver of the Virginia agricultural economy. Had it not been 
for tobacco and had it not been for the Powhatan Indians, the Jamestown 
colony would likely have disappeared.
  Tobacco has such a place in our history that in the ceiling of both 
of the legislative chambers in the Virginia Capitol, designed by Thomas 
Jefferson, the ceiling is circled by gold-embossed tobacco leaves. We 
restored the capitol in 2000 and restored the gold embossing because we 
understand that it was tobacco that helped create modern Virginia.
  In the city of Richmond, where I live and where I served as mayor, 
one of the largest cigarette-producing manufacturers in the world is 
the Philip Morris plant in South Richmond, which over decades has been 
a fantastic employer of local Virginians and local residents.
  As Governor, I was proud to work on tobacco initiatives because, as 
the leader indicated, as we become more aware of public health 
consequences, there has been more need to try to stem the challenges 
that these health consequences create.
  When I was Governor, I worked in tandem with my Republican speaker of 
the house to ban smoking in restaurants and bars, which was a tough, 
tough sell at that time back in 2009, but we made it happen. Probably 
my happiest day as a Governor, vis-a-vis tobacco, was the day where I 
went to Chesterfield County in suburban Richmond, and, together with 
bipartisan legislators, we celebrated the results that had just come 
out that showed that for the first time in recorded history the youth 
smoking rate in Virginia was below the national average. Much like 
Kentucky, we have been above the national average because in a State 
where it is a product that you are proud of, everyone is encouraged to 
use it. But by about 2009, we were below the national average, and we 
felt very good about that.
  I am here with Senator McConnell, partly because of our history, but 
really I am here, as he indicated, because of the current challenge. We 
are backsliding. We are backsliding. The recent increases in youth 
tobacco use demonstrate that we need to do more.
  Current youth tobacco product use has increased dramatically from 
2017 to 2018, completely erasing the decline in tobacco product use 
among youth that had been happening for many years. From the CDC, this 
increase is driven largely by e-cigarettes. More than 1 in 4 high 
schoolers in 2018 and 1 in 14 middle schoolers in 2018 had used a 
tobacco product in the last 30 days--a dramatic increase from 2017--and 
1.5 million more young people used e-cigarettes in 2018 than in 2017.
  E-cigarettes are the most commonly used product among the young, and 
they are frequently used in combination with other tobacco products. 
The recent increase in the use of tobacco products is heavily, heavily 
driven by the popularity of e-cigarettes, shaped like a flash drive, 
able to be shared with friends, and sold in kid-friendly flavors with a 
high nicotine content.
  Disturbingly, it is not only e-cigarettes. The use of any tobacco 
product grew by more than 38 percent among high schoolers from 2017 to 
2018, and in Virginia, where we had celebrated in our State that it was 
below the national average, we are seeing dramatic increases. And 16.3 
percent of high school youth are reporting using any tobacco product, 
and 6.5 percent of those--one-third of those--smoke cigarettes.
  According to the CDC, any use of tobacco products by the young is 
considered unsafe. The leader laid out how the use of these e-
cigarettes alter the chemistry of the brain and actually make a young 
person more prone for the rest of their life to becoming addicted. And 
it is not just addiction. It is also learning, memory, attention, 
impulse control, and cognition. The use of tobacco also increases among 
the young the likelihood of developing mood disorders like anxiety and 
depression.
  So there is a strong rationale for this bill, and I was honored when 
the majority leader asked about a month ago if I would work together 
with him on a bipartisan bill as two Senators from tobacco States, 
joining others to find a way to raise the age from 18 to 21.
  Now, 95 percent of adult smokers begin smoking before the age of 21. 
The Institute of Medicine, now the National Academy of Medicine, did 
research recently showing that increasing the tobacco age to 21 will, 
over time, significantly reduce the number of young and young adult 
smoking, as well as smoking-caused deaths, and improve public health 
and save lives.
  What does our bill do? Our bill raises the Federal minimum age to 
purchase any tobacco products from 18 to 21. We direct the FDA to 
update their current regulations and enforcement structure for the 
current 18 age minimum and apply to it to the new 21 age minimum. We 
encourage States to pass their own laws raising the age to 21 and 
require the States to enforce those laws and meet other requirements, 
as they currently do, pursuant to the Synar Amendment. Our legislation 
would apply to all populations and to all types of tobacco products, 
including e-cigarettes.
  As a father of a marine and as a member of the Senate Armed Services 
Committee, I strongly feel that we should extend the same public health 
protections to members of the military as we do though their civilian 
counterparts. I look forward to working with the majority leader and so 
many others on both sides of the aisle to do a good thing for public 
health, to do a good thing for our young people, and raise the tobacco 
age to 21.
  As the leader mentioned, there are other Senators--Senators Romney 
and Young, Senators Schatz and Durbin, and Senator Murray--who have 
invested their energies in this effort. We pledge to work together with 
all of them. We can come together to do this on behalf of our young 
people.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.

[[Page S2967]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1541

       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 ``Tobacco-Free Youth Act''.

     SEC. 2. MINIMUM AGE OF SALE OF TOBACCO PRODUCTS.

       (a) Establishing Minimum Age of 21 for Sale of Tobacco 
     Products.--Section 1926 of the Public Health Service Act (42 
     U.S.C. 300x-26) is amended--
       (1) in the section heading, by striking ``age of 18'' and 
     inserting ``age of 21'';
       (2) by striking ``age of 18'' each place such phrase 
     appears and inserting ``age of 21'';
       (3) in subsection (a)--
       (A) in paragraph (1), by striking ``fiscal year 1994'' and 
     inserting ``fiscal year 2021''; and
       (B) in paragraph (2)--
       (i) by striking ``fiscal year 1993'' and inserting ``fiscal 
     year 2020'';
       (ii) by striking ``fiscal year 1994'' and inserting 
     ``fiscal year 2021''; and
       (iii) by striking ``fiscal year 1995'' and inserting 
     ``fiscal year 2022''; and
       (4) in subsection (d)--
       (A) in paragraph (1), by striking ``1995'' and inserting 
     ``2022'';
       (B) in paragraph (2)--
       (i) by striking ``1994'' and inserting ``2021''; and
       (ii) by striking the period and inserting ``; and'';
       (C) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and adjusting the 
     margins accordingly;
       (D) by striking ``this section, the term'' and inserting 
     ``this section--
       ``(1) the term''; and
       (E) by adding at the end the following:
       ``(2) the term `tobacco product' has the meaning given such 
     term in section 201(rr) of the Federal Food, Drug, and 
     Cosmetic Act.''.
       (b) FDA.--
       (1) In general.--Section 906(d) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 387f(d)) is amended--
       (A) in paragraph (3)(A)(ii), by striking ``18 years'' and 
     inserting ``21 years''; and
       (B) by adding at the end the following:
       ``(5) Minimum age of sale.--It shall be unlawful for any 
     retailer to sell a tobacco product to any person younger than 
     21 years of age, consistent with section 1140.14 of title 21, 
     Code of Federal Regulations (or any successor 
     regulations).''.
       (2) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall update regulations issued under chapter IX of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387 et 
     seq.) as appropriate to carry out the amendments made by 
     paragraph (1).
       (c) Non-preemption.--Nothing in the amendments made by 
     subsection (a) or (b) shall be construed to prevent a State 
     or local governmental entity from establishing, enforcing, or 
     maintaining a law with respect to sales of tobacco products 
     to individuals below a minimum age, provided that such State 
     or local law is in addition to, or more stringent than, 
     Federal law.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 1550. A bill to amend the Internal Revenue Code of 1986 to modify 
the work opportunity credit for certain youth employees, and to extend 
empowerment zones; to the Committee on Finance.
  Mr. DURBIN. 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. 1550

       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 ``Helping to Encourage Real 
     Opportunities (HERO) for At-Risk Youth Act of 2019''.

     SEC. 2. MODIFICATION AND EXTENSION OF WORK OPPORTUNITY CREDIT 
                   FOR CERTAIN YOUTH EMPLOYEES.

       (a) Expansion of Credit for Summer Youth.--
       (1) Credit allowed for year-round employment.--Section 
     51(d)(7)(A) of the Internal Revenue Code of 1986 is amended--
       (A) by striking clauses (i) and (iii) and redesignating 
     clauses (ii) and (iv) as clauses (i) and (ii), respectively,
       (B) in clause (i) (as so redesignated), by striking ``(or 
     if later, on May 1 of the calendar year involved),'',
       (C) by striking the period at the end of clause (ii) (as so 
     redesignated) and inserting ``, and'', and
       (D) adding at the end the following new clause:
       ``(iii) who will be employed for not more than 20 hours per 
     week during any period between September 16 and April 30 in 
     which such individual is regularly attending any secondary 
     school.''.
       (2) Increase in credit amount.--Section 51(d)(7) of the 
     Internal Revenue Code of 1986 is amended by striking 
     subparagraph (B) and by redesignating subparagraph (C) as 
     subparagraph (B).
       (3) Conforming amendments.--
       (A) Subparagraph (F) of section 51(d)(1) of the Internal 
     Revenue Code of 1986 is amended by striking ``summer''.
       (B) Paragraph (7) of section 51(d) of such Code is 
     amended--
       (i) by striking ``summer'' each place it appears in 
     subparagraphs (A);
       (ii) in subparagraph (B), as redesignated by paragraph (2), 
     by striking ``subparagraph (A)(iv)'' and inserting 
     ``subparagraph (A)(ii)''; and
       (iii) by striking ``summer'' in the heading thereof.
       (b) Credit for At-Risk Youth.--
       (1) In general.--Paragraph (1) of section 51(d) of the 
     Internal Revenue Code of 1986 is amended by striking ``or'' 
     at the end of subparagraph (I), by striking the period at the 
     end of subparagraph (J) and inserting ``, or'', and by adding 
     at the end the following new subparagraph:
       ``(K) an at-risk youth.''.
       (2) At-risk youth.--Paragraph (14) of section 51(d) of such 
     Code is amended to read as follows:
       ``(14) At-risk youth.--The term `at-risk youth' means any 
     individual who is certified by the designated local agency--
       ``(A) as--
       ``(i) having attained age 16 but not age 25 on the hiring 
     date,
       ``(ii) as not regularly attending any secondary, technical, 
     or post-secondary school during the 6-month period preceding 
     the hiring date,
       ``(iii) as not regularly employed during such 6-month 
     period, and
       ``(iv) as not readily employable by reason of lacking a 
     sufficient number of basic skills, or
       ``(B) as--
       ``(i) having attained age 16 but not age 21 on the hiring 
     date, and
       ``(ii) an eligible foster child (as defined in section 
     152(f)(1)(C)) who was in foster care during the 12-month 
     period ending on the hiring date.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.

     SEC. 3. EXTENSION OF EMPOWERMENT ZONES.

       (a) In General.--Section 1391(d)(1)(A)(i) of the Internal 
     Revenue Code of 1986 is amended by striking ``December 31, 
     2017'' and inserting ``December 31, 2020''.
       (b) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 1551. A bill to amend the Workforce Innovation and Opportunity Act 
to provide funding, on a competitive basis, for summer and year-round 
employment opportunities for youth ages 14 through 24; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. DURBIN. 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. 1551

       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 ``Creating Pathways for Youth 
     Employment Act''.

     SEC. 2. YOUTH EMPLOYMENT OPPORTUNITIES.

       Title I of the Workforce Innovation and Opportunity Act is 
     amended--
       (1) by redesignating subtitle E as subtitle F; and
       (2) by inserting after subtitle D the following:

              ``Subtitle E--Youth Employment Opportunities

     ``SEC. 176. DEFINITIONS.

       ``In this subtitle:
       ``(1) Eligible youth.--The term `eligible youth' means an 
     individual who--
       ``(A) is not younger than age 14 or older than age 24; and
       ``(B) is--
       ``(i) an in-school youth;
       ``(ii) an out-of-school youth; or
       ``(iii) an unemployed individual.
       ``(2) Hardest-to-employ, most-at-risk.--The term `hardest-
     to-employ, most-at-risk', used with respect to an individual, 
     includes individuals who are homeless, in foster care, 
     involved in the juvenile or criminal justice system, or are 
     not enrolled in or at risk of dropping out of an educational 
     institution and who live in an underserved community

[[Page S2968]]

     that has faced trauma through acute or long-term exposure to 
     substantial discrimination, historical or cultural 
     oppression, intergenerational poverty, civil unrest, a high 
     rate of violence, or a high rate of drug overdose mortality.
       ``(3) Indian tribe; tribal organization.--The terms `Indian 
     tribe' and `tribal organization' have the meanings given the 
     terms in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304).
       ``(4) In-school youth; out-of-school youth.--The terms `in-
     school youth' and `out-of-school youth' have the meanings 
     given the terms in section 129(a)(1).
       ``(5) 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).
       ``(6) Subsidized employment.--The term `subsidized 
     employment' means employment for which the employer receives 
     a total or partial subsidy to offset costs of employing an 
     eligible youth under this subtitle.
       ``(7) Tribal area.--The term `tribal area' means--
       ``(A) an area on or adjacent to an Indian reservation;
       ``(B) land held in trust by the United States for Indians;
       ``(C) a public domain Indian allotment;
       ``(D) a former Indian reservation in Oklahoma; and
       ``(E) land held by an incorporated Native group, Regional 
     Corporation, or Village Corporation under the provisions of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.).
       ``(8) Tribal college or university.--The term `tribal 
     college or university' has the meaning given the term `Tribal 
     College or University' in section 316(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1059c(b)).
       ``(9) Tribally designated housing entity.--The term 
     `tribally designated housing entity', used with respect to an 
     Indian tribe (as defined in this section), has the meaning 
     given in section 4 of the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4103).

     ``SEC. 176A. ALLOCATION OF FUNDS.

       ``(a) Allocation.--Of the funds appropriated under section 
     176E that remain available after any reservation under 
     subsection (b), the Secretary may make available--
       ``(1) not more than $1,500,000,000 in accordance with 
     section 176B to provide eligible youth with subsidized summer 
     employment opportunities; and
       ``(2) not more than $2,000,000,000 in accordance with 
     section 176C to provide eligible youth with subsidized year-
     round employment opportunities.
       ``(b) Reservation.--The Secretary may reserve not more than 
     10 percent of the funds appropriated under section 176E to 
     provide technical assistance and oversight, in order to 
     assist eligible entities in applying for and administering 
     grants awarded under this subtitle.

     ``SEC. 176B. SUMMER EMPLOYMENT COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--
       ``(1) Grants.--Using the amounts made available under 
     176A(a)(1), the Secretary shall award, on a competitive 
     basis, planning and implementation grants.
       ``(2) General use of funds.--The Secretary shall award the 
     grants to assist eligible entities by paying for the program 
     share of the cost of--
       ``(A) in the case of a planning grant, planning a summer 
     youth employment program to provide subsidized summer 
     employment opportunities; and
       ``(B) in the case of an implementation grant, 
     implementation of such a program, to provide such 
     opportunities.
       ``(b) Periods and Amounts of Grants.--
       ``(1) Planning grants.--The Secretary may award a planning 
     grant under this section for a 1-year period, in an amount of 
     not more than $200,000.
       ``(2) Implementation grants.--The Secretary may award an 
     implementation grant under this section for a 3-year period, 
     in an amount of not more than $5,000,000.
       ``(c) Eligible Entities.--
       ``(1) In general.--To be eligible to receive a planning or 
     implementation grant under this section, an entity shall--
       ``(A) be a--
       ``(i) State, local government, or Indian tribe or tribal 
     organization, that meets the requirements of paragraph (2); 
     or
       ``(ii) community-based organization that meets the 
     requirements of paragraph (3); and
       ``(B) meet the requirements for a planning or 
     implementation grant, respectively, specified in paragraph 
     (4).
       ``(2) Government partnerships.--An entity that is a State, 
     local government, or Indian tribe or tribal organization 
     referred to in paragraph (1) shall demonstrate that the 
     entity has entered into a partnership with State, local, or 
     tribal entities--
       ``(A) that shall include--
       ``(i) a local educational agency or tribal educational 
     agency (as defined in section 6132 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7452));
       ``(ii) a local board or tribal workforce development 
     agency;
       ``(iii) a State, local, or tribal agency serving youth 
     under the jurisdiction of the juvenile justice system or 
     criminal justice system;
       ``(iv) a State, local, or tribal child welfare agency;
       ``(v) a State, local, or tribal agency or community-based 
     organization, with--

       ``(I) expertise in providing counseling services, and 
     trauma-informed and gender-responsive trauma prevention, 
     identification, referral, and support (including treatment) 
     services; and
       ``(II) a proven track record of serving low-income 
     vulnerable youth and out-of-school youth; and

       ``(vi) if the State, local government, or Indian tribe or 
     tribal organization is seeking an implementation grant, and 
     has not established a summer youth employment program, an 
     entity that is carrying out a State, local, or tribal summer 
     youth employment program; and
       ``(vii) an employer or employer association; and
       ``(B) that may include--
       ``(i) an institution of higher education or tribal college 
     or university;
       ``(ii) a representative of a labor or labor-management 
     organization;
       ``(iii) an entity that carries out a program that receives 
     funding under the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5601 et seq.) or section 212 of the 
     Second Chance Act of 2007 (42 U.S.C. 17532);
       ``(iv) a collaborative applicant as defined in section 401 
     of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11360) or a private nonprofit organization that serves 
     homeless individuals and households (including such an 
     applicant or organization that serves individuals or 
     households that are at risk of homelessness in tribal areas) 
     or serves foster youth;
       ``(v) an entity that carries out a program funded under the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (20 U.S.C. 2301 et seq.), including Native American programs 
     funded under section 116 of that Act (20 U.S.C. 2326) and 
     tribally controlled postsecondary career and technical 
     institution programs funded under section 117 of that Act (20 
     U.S.C. 2327);
       ``(vi) a local or tribal youth committee;
       ``(vii) a State or local public housing agency or a 
     tribally designated housing entity; and
       ``(viii) another appropriate State, local, or tribal 
     agency.
       ``(3) Community-based organization partnerships.--A 
     community-based organization referred to in paragraph (1) 
     shall demonstrate that the organization has entered into a 
     partnership with State, local, or tribal entities--
       ``(A) that shall include--
       ``(i) a unit of general local government or tribal 
     government;
       ``(ii) an agency described in paragraph (2)(A)(i);
       ``(iii) a local board or tribal workforce development 
     agency;
       ``(iv) a State, local, or tribal agency serving youth under 
     the jurisdiction of the juvenile justice system or criminal 
     justice system;
       ``(v) a State, local, or tribal child welfare agency;
       ``(vi) if the organization is seeking an implementation 
     grant, and has not established a summer youth employment 
     program, an entity that is carrying out a State, local, or 
     tribal summer youth employment program; and
       ``(vii) an employer or employer association; and
       ``(B) that may include one or more entities described in 
     paragraph (2)(B).
       ``(4) Entities eligible for particular grants.--
       ``(A) Entities eligible for planning grants.--The Secretary 
     may award a planning grant under this section to an eligible 
     entity that--
       ``(i) is preparing to establish or expand a summer youth 
     employment program that meets the minimum requirements 
     specified in subsection (d); and
       ``(ii) has not received a grant under this section.
       ``(B) Entities eligible for implementation grants.--
       ``(i) In general.--The Secretary may award an 
     implementation grant under this section to an eligible entity 
     that--

       ``(I) has received a planning grant under this section; or
       ``(II) has established a summer youth employment program 
     and demonstrates a minimum level of capacity to enhance or 
     expand the summer youth employment program described in the 
     application submitted under subsection (d).

       ``(ii) Capacity.--In determining whether an entity has the 
     level of capacity referred to in clause (i)(II), the 
     Secretary may include as capacity--

       ``(I) the entity's staff capacity and staff training to 
     deliver youth employment services; and
       ``(II) the entity's existing youth employment services (as 
     of the date of submission of the application submitted under 
     subsection (d)) that are consistent with the application.

       ``(d) Application.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     eligible entity desiring to receive a grant under this 
     section for a summer youth employment program 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, each of the following:
       ``(A) With respect to an application for a planning or 
     implementation grant--

[[Page S2969]]

       ``(i) a description of the eligible youth for whom summer 
     employment services will be provided;
       ``(ii) a description of the eligible entity, and a 
     description of the expected participation and 
     responsibilities of each of the partners in the partnership 
     described in subsection (c);
       ``(iii) information demonstrating sufficient need for the 
     grant in the State, local, or tribal population, which may 
     include information showing--

       ``(I) a high level of unemployment among youth (including 
     young adults) ages 14 through 24;
       ``(II) a high rate of out-of-school youth;
       ``(III) a high rate of homelessness;
       ``(IV) a high rate of poverty;
       ``(V) a high rate of adult unemployment;
       ``(VI) a high rate of community or neighborhood crime;
       ``(VII) a high rate of violence; or
       ``(VIII) a high level or rate on another indicator of need;

       ``(iv) a description of the strategic objectives the 
     eligible entity seeks to achieve through the program to 
     provide eligible youth with core work readiness skills, which 
     may include--

       ``(I) financial literacy skills, including providing the 
     support described in section 129(b)(2)(D);
       ``(II) sector-based technical skills aligned with employer 
     needs;
       ``(III) skills that--

       ``(aa) are soft employment skills, early work skills, or 
     work readiness skills; and
       ``(bb) include social skills, communications skills, 
     higher-order thinking skills, self-control, and positive 
     self-concept; and

       ``(IV) (for the hardest-to-employ, most-at-risk eligible 
     youth) basic skills like communication, math, and problem 
     solving in the context of training for advancement to better 
     jobs and postsecondary training; and

       ``(v) information demonstrating that the eligible entity 
     has obtained commitments to provide the non-program share 
     described in paragraph (2) of subsection (h).
       ``(B) With respect to an application for a planning grant--
       ``(i) a description of the intermediate and long-term goals 
     for planning activities for the duration of the planning 
     grant;
       ``(ii) a description of how grant funds will be used to 
     develop a plan to provide summer employment services for 
     eligible youth;
       ``(iii) a description of how the eligible entity will carry 
     out an analysis of best practices for identifying, 
     recruiting, and engaging program participants, in particular 
     the hardest-to-employ, most-at-risk eligible youth;
       ``(iv) a description of how the eligible entity will carry 
     out an analysis of best practices for placing youth 
     participants--

       ``(I) in opportunities that--

       ``(aa) are appropriate subsidized employment opportunities 
     with employers based on factors including age, skill, 
     experience, career aspirations, work-based readiness, and 
     barriers to employment; and
       ``(bb) may include additional services for participants, 
     including core work readiness skill development and 
     mentorship services;

       ``(II) in summer employment that--

       ``(aa) is not less than 6 weeks;
       ``(bb) follows a schedule of not more than 20 hours per 
     week; and
       ``(cc) pays not less than the applicable Federal, State, or 
     local minimum wage; and
       ``(v) a description of how the eligible entity plans to 
     develop a mentorship program or connect youth with positive, 
     supportive mentorships, consistent with paragraph (3).
       ``(C) With respect to an application for an implementation 
     grant--
       ``(i) a description of how the eligible entity plans to 
     identify, recruit, and engage program participants, in 
     particular the hardest-to-employ, most-at-risk eligible 
     youth;
       ``(ii) a description of the manner in which the eligible 
     entity plans to place eligible youth participants in 
     subsidized employment opportunities, and in summer 
     employment, described in subparagraph (B)(iv);
       ``(iii) (for a program serving the hardest-to-employ, most-
     at-risk eligible youth), a description of workplaces for the 
     subsidized employment involved, which may include workplaces 
     in the public, private, and nonprofit sectors;
       ``(iv) a description of how the eligible entity plans to 
     provide or connect eligible youth participants with positive, 
     supportive mentorships, consistent with paragraph (3);
       ``(v) a description of services that will be available to 
     employers participating in the youth employment program, to 
     provide supervisors involved in the program with coaching and 
     mentoring on--

       ``(I) how to support youth development;
       ``(II) how to structure learning and reflection; and
       ``(III) how to deal with youth challenges in the workplace;

       ``(vi) a description of how the eligible entity plans to 
     offer structured pathways back into employment and a youth 
     employment program under this section for eligible youth who 
     have been terminated from employment or removed from the 
     program;
       ``(vii) a description of how the eligible entity plans to 
     engage eligible youth beyond the duration of the summer 
     employment opportunity, which may include--

       ``(I) developing or partnering with a year-round youth 
     employment program;
       ``(II) referring eligible youth to other year-round 
     programs, which may include--

       ``(aa) programs funded under section 176C or the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2301 et seq.);
       ``(bb) after school programs;
       ``(cc) secondary or postsecondary education programs;
       ``(dd) training programs;
       ``(ee) cognitive behavior therapy programs;
       ``(ff) apprenticeship programs; and
       ``(gg) national service programs;

       ``(III) employing a full-time, permanent staff person who 
     is responsible for youth outreach, followup, and recruitment; 
     or
       ``(IV) connecting eligible youth with job development 
     services, including career counseling, resume and job 
     application assistance, interview preparation, and 
     connections to job leads;

       ``(viii) evidence of the eligible entity's capacity to 
     provide the services described in this subsection; and
       ``(ix) a description of the quality of the summer youth 
     employment program, including a program that leads to a 
     recognized postsecondary credential.
       ``(2) Indian tribe; tribal organizations.--An eligible 
     entity that is an Indian tribe or tribal organization and 
     desires to receive a grant under this section for a summer 
     youth employment program may, in lieu of submitting the 
     application described in paragraph (1), submit an application 
     to the Secretary that meets such requirements as the 
     Secretary develops after consultation with the tribe or 
     organization.
       ``(3) Mentor.--For purposes of subparagraphs (B)(iv), 
     (B)(v), and (C)(iv) of paragraph (1), a mentor--
       ``(A) shall be an individual who has been matched with an 
     eligible youth based on the youth's needs;
       ``(B) shall make contact with the eligible youth at least 
     once each week;
       ``(C) shall be a trusted member of the local community; and
       ``(D) may include--
       ``(i) a mentor trained in trauma-informed care (including 
     provision of trauma-informed trauma prevention, 
     identification, referral, or support services to youth that 
     have experienced or are at risk of experiencing trauma), 
     conflict resolution, and positive youth development;
       ``(ii) a job coach trained to provide youth with guidance 
     on how to navigate the workplace and troubleshoot problems;
       ``(iii) a supervisor trained to provide at least two 
     performance assessments and serve as a reference; or
       ``(iv) a peer mentor who is a former or current participant 
     in the youth employment program involved.
       ``(e) Awards for Populations and Areas.--
       ``(1) Populations.--The Secretary shall reserve, from the 
     amounts made available under section 176A(a)(1)--
       ``(A) 50 percent to award grants under this section for 
     planning or provision of subsidized summer employment 
     opportunities for in-school youth; and
       ``(B) 50 percent to award such grants to plan for planning 
     or provision of such opportunities for out-of-school youth.
       ``(2) Areas.--
       ``(A) In general.--In awarding the grants, the Secretary 
     shall consider the regional diversity of the areas to be 
     served, to ensure that urban, suburban, rural, and tribal 
     areas are receiving grant funds.
       ``(B) Rural and tribal area inclusion.--
       ``(i) Rural areas.--Not less than 20 percent of the amounts 
     made available under section 176A(a)(1) for each fiscal year 
     shall be made available for activities to be carried out in 
     rural areas.
       ``(ii) Tribal areas.--Not less than 5 percent of the 
     amounts made available under section 176A(a)(1) for each 
     fiscal year shall be made available for activities to be 
     carried out in tribal areas.
       ``(f) Program Priorities.--In allocating funds under this 
     section, the Secretary shall give priority to eligible 
     entities--
       ``(1) who propose to coordinate their activities--
       ``(A) with local or tribal employers; and
       ``(B) with agencies described in subsection (c)(2)(A)(i) to 
     ensure the summer youth employment programs provide clear 
     linkages to remedial, academic, and occupational programs 
     carried out by the agencies;
       ``(2) who propose a plan to increase private sector 
     engagement in, and job placement through, summer youth 
     employment; and
       ``(3) who have, in their counties, States, or tribal areas 
     (as compared to other counties in their State, other States, 
     or other tribal areas, respectively), a high level or rate 
     described in subsection (d)(1)(A)(iii).
       ``(g) Use of Funds.--
       ``(1) In general.--An eligible entity that receives a grant 
     under this section may use the grant funds for services 
     described in subsection (d).
       ``(2) Discretionary uses.--The eligible entity may also use 
     the funds--
       ``(A) to provide wages to eligible youth in subsidized 
     summer employment programs;
       ``(B) to provide eligible youth with support services, 
     including case management, child care assistance, child 
     support services, and transportation assistance; and
       ``(C) to develop data management systems to assist with 
     programming, evaluation, and records management.
       ``(3) Administration.--An eligible entity may reserve not 
     more than 10 percent of the grant funds for the 
     administration of activities under this section.
       ``(4) Carry-over authority.--Any amounts provided to an 
     eligible entity under this section for a fiscal year may, at 
     the discretion

[[Page S2970]]

     of the Secretary, remain available to that entity for 
     expenditure during the succeeding fiscal year to carry out 
     programs under this section.
       ``(h) Program Share.--
       ``(1) Planning grants.--The program share for a planning 
     grant awarded under this section shall be 100 percent of the 
     cost described in subsection (a)(2)(A).
       ``(2) Implementation grants.--
       ``(A) In general.--The program share for an implementation 
     grant awarded under this section shall be 50 percent of the 
     cost described in subsection (a)(2)(B).
       ``(B) Exception.--Notwithstanding subparagraph (A), the 
     Secretary--
       ``(i) may increase the program share for an eligible 
     entity; and
       ``(ii) shall increase the program share for an Indian tribe 
     or tribal organization to not less than 95 percent of the 
     cost described in subsection (a)(2)(B).
       ``(C) Non-program share.--The eligible entity may provide 
     the non-program share of the cost--
       ``(i) in cash or in-kind, fairly evaluated, including 
     plant, equipment, or services; and
       ``(ii) from State, local, tribal or private (including 
     philanthropic) sources and, in the case of an Indian tribe or 
     tribal organization, from Federal sources.

     ``SEC. 176C. YEAR-ROUND EMPLOYMENT COMPETITIVE GRANT PROGRAM.

       ``(a) In General.--
       ``(1) Grants.--Using the amounts made available under 
     176A(a)(2), the Secretary shall award, on a competitive 
     basis, planning and implementation grants.
       ``(2) General use of funds.--The Secretary shall award the 
     grants to assist eligible entities by paying for the program 
     share of the cost of--
       ``(A) in the case of a planning grant, planning a year-
     round youth employment program to provide subsidized year-
     round employment opportunities; and
       ``(B) in the case of an implementation grant, 
     implementation of such a program to provide such 
     opportunities.
       ``(b) Periods and Amounts of Grants.--The planning grants 
     shall have the periods and amounts described in section 
     176B(b)(1). The implementation grants shall have the periods 
     and grants described in section 176B(b)(2).
       ``(c) Eligible Entities.--
       ``(1) In general.--To be eligible to receive a planning or 
     implementation grant under this section, an entity shall, 
     except as provided in paragraph (2)--
       ``(A) be a--
       ``(i) State, local government, or Indian tribe or tribal 
     organization, that meets the requirements of section 
     176B(c)(2); or
       ``(ii) community-based organization that meets the 
     requirements of section 176B(c)(3); and
       ``(B) meet the requirements for a planning or 
     implementation grant, respectively, specified in section 
     176B(c)(4).
       ``(2) Year-round youth employment programs.--For purposes 
     of paragraph (1), any reference in section 176B(c)--
       ``(A) to a summer youth employment program shall be 
     considered to refer to a year-round youth employment program; 
     and
       ``(B) to a provision of section 176B shall be considered to 
     refer to the corresponding provision of this section.
       ``(d) Application.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     eligible entity desiring to receive a grant under this 
     section for a year-round youth employment program 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, each of the following:
       ``(A) With respect to an application for a planning or 
     implementation grant, the information and descriptions 
     specified in section 176B(d)(1)(A).
       ``(B) With respect to an application for a planning grant, 
     the descriptions specified in section 176B(d)(1)(B), except 
     that the description of an analysis for placing youth in 
     employment described in clause (iv)(II)(bb) of that section 
     shall cover employment that follows a schedule--
       ``(i) that consists of--

       ``(I) not more than 15 hours per week for in-school youth; 
     and
       ``(II) not less than 20 and not more than 40 hours per week 
     for out-of-school youth; and

       ``(ii) that depends on the needs and work-readiness level 
     of the population being served.
       ``(C) With respect to an application for an implementation 
     grant, the descriptions and evidence specified in section 
     176B(d)(1)(C)--
       ``(i) except that the reference in section 176(d)(1)(C)(ii) 
     to employment described in section 176B(d)(1)(B) shall cover 
     employment that follows the schedule described in 
     subparagraph (B); and
       ``(ii) except that the reference to programs in clause 
     (vii)(II)(aa) of that section shall be considered to refer 
     only to programs funded under the Carl D. Perkins Career and 
     Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
       ``(2) Indian tribe; tribal organizations.--An eligible 
     entity that is an Indian tribe or tribal organization and 
     desires to receive a grant under this section for a year-
     round youth employment program may, in lieu of submitting the 
     application described in paragraph (1), submit an application 
     to the Secretary that meets such requirements as the 
     Secretary develops after consultation with the tribe or 
     organization.
       ``(3) Mentor.--For purposes of paragraph (1), any reference 
     in subparagraphs (B)(iv), (B)(v), and (C)(iv) of section 
     176B(d)(1) to a mentor shall be considered to refer to a 
     mentor who--
       ``(A) shall be an individual described in subparagraphs (A) 
     and (C) of section 176B(d)(3);
       ``(B) shall make contact with the eligible youth at least 
     twice each week; and
       ``(C) may be an individual described in section 
     176B(d)(3)(D).
       ``(4) Year-round employment.--For purposes of this 
     subsection, any reference in section 176B(d)--
       ``(A) to summer employment shall be considered to refer to 
     year-round employment; and
       ``(B) to a provision of section 176B shall be considered to 
     refer to the corresponding provision of this section.
       ``(e) Awards for Populations and Areas; Priorities.--
       ``(1) Populations.--The Secretary shall reserve, from the 
     amounts made available under section 176A(a)(2)--
       ``(A) 50 percent to award grants under this section for 
     planning or provision of subsidized year-round employment 
     opportunities for in-school youth; and
       ``(B) 50 percent to award such grants to plan for planning 
     or provision of such opportunities for out-of-school youth.
       ``(2) Areas; priorities.--In awarding the grants, the 
     Secretary shall--
       ``(A) carry out section 176B(e)(2); and
       ``(B) give priority to eligible entities--
       ``(i) who--

       ``(I) propose the coordination and plan described 
     paragraphs (1) and (2) of section 176B(f), with respect to 
     year-round youth employment; and
       ``(II) meet the requirements of section 176B(f)(3); or

       ``(ii) who--

       ``(I) propose a plan to coordinate activities with entities 
     carrying out State, local, or tribal summer youth employment 
     programs, to provide pathways to year-round employment for 
     eligible youth who are ending summer employment; and
       ``(II) meet the requirements of section 176B(f)(3).

       ``(f) Use of Funds.--An eligible entity that receives a 
     grant under this section may use the grant funds--
       ``(1) for services described in subsection (d);
       ``(2) as described in section 176B(g)(2), with respect to 
     year-round employment programs;
       ``(3) as described in section 176B(g)(3), with respect to 
     activities under this section; and
       ``(4) at the discretion of the Secretary, as described in 
     section 176B(g)(4), with respect to activities under this 
     section.
       ``(g) Program Share.--
       ``(1) Planning grants.--The provisions of section 
     176B(h)(1) shall apply to planning grants awarded under this 
     section, with respect to the cost described in subsection 
     (a)(2)(A).
       ``(2) Implementation grants.--The provisions of section 
     176B(h)(2) shall apply to implementation grants awarded under 
     this section, with respect to the cost described in 
     subsection (a)(2)(B).

     ``SEC. 176D. EVALUATION AND ADMINISTRATION.

       ``(a) Performance Measures.--
       ``(1) Establishment.--The Secretary shall establish 
     performance measures for purposes of annual reviews under 
     subsection (b).
       ``(2) Components.--The performance measures for the 
     eligible entities shall consist of--
       ``(A) the indicators of performance described in paragraph 
     (3); and
       ``(B) an adjusted level of performance for each indicator 
     described in subparagraph (A).
       ``(3) Indicators of performance.--
       ``(A) In general.--The indicators of performance shall 
     consist of--
       ``(i) the percentage of youth employment program 
     participants who are in education or training activities, or 
     in employment, during the second quarter after exit from the 
     program;
       ``(ii) the percentage of youth employment program 
     participants who are in education or training activities, or 
     in employment, during the fourth quarter after exit from the 
     program;
       ``(iii) the percentage of youth employment program 
     participants who obtain a recognized postsecondary 
     credential, or a secondary school diploma or its recognized 
     equivalent (subject to subparagraph (B)), during 
     participation in or within 1 year after exit from the 
     program; and
       ``(iv) the percentage of youth employment program 
     participants who, during a program year, are in a youth 
     employment program that includes an education or training 
     program that leads to an outcome specified by the Secretary, 
     which may include--

       ``(I) obtaining a recognized postsecondary credential or 
     employment; or
       ``(II) achieving measurable skill gains toward such a 
     credential or employment.

       ``(B) Indicator relating to credential.--For purposes of 
     subparagraph (A)(iii), youth employment program participants 
     who obtain a secondary school diploma or its recognized 
     equivalent shall be included in the percentage counted as 
     meeting the criterion under such subparagraph only if such 
     participants, in addition to obtaining such diploma or its 
     recognized equivalent, have obtained or retained employment 
     or are in a youth employment program that includes an 
     education or training program leading to a

[[Page S2971]]

     recognized postsecondary credential within 1 year after exit 
     from the program.
       ``(4) Levels of performance.--
       ``(A) In general.--For each eligible entity, there shall be 
     established, in accordance with this paragraph, levels of 
     performance for each of the corresponding indicators of 
     performance described in paragraph (3).
       ``(B) Identification in application.--Each eligible entity 
     shall identify, in the application submitted under subsection 
     (d) of section 176B or 176C, expected levels of performance 
     for each of those indicators of performance for each program 
     year covered by the application.
       ``(C) Agreement on adjusted levels of performance.--The 
     eligible entity shall reach agreement with the Secretary on 
     levels of performance for each of those indicators of 
     performance for each such program year. The levels agreed to 
     shall be considered to be the adjusted levels of performance 
     for the eligible entity for such program years and shall be 
     incorporated into the application prior to the approval of 
     such application.
       ``(b) Annual Review.--The Secretary shall carry out an 
     annual review of each eligible entity receiving a grant under 
     this subtitle. In conducting the review, the Secretary shall 
     review the performance of the entity on the performance 
     measures under this section and determine if the entity has 
     used any practices that shall be considered best practices 
     for purposes of this subtitle.
       ``(c) Report to Congress.--
       ``(1) Preparation.--The Secretary shall prepare a report on 
     the grant programs established by this subtitle, which report 
     shall include a description of--
       ``(A) the eligible entities receiving funding under this 
     subtitle;
       ``(B) the activities carried out by the eligible entities;
       ``(C) how the eligible entities were selected to receive 
     funding under this subtitle; and
       ``(D) an assessment of the results achieved by the grant 
     programs including findings from the annual reviews conducted 
     under subsection (b).
       ``(2) Submission.--Not later than 3 years after the date of 
     enactment of the Creating Pathways for Youth Employment Act, 
     and annually thereafter, the Secretary shall submit a report 
     described in paragraph (1) to the appropriate committees of 
     Congress.
       ``(d) Application to Indian Tribes and Tribal 
     Organizations.--The Secretary may issue regulations that 
     clarify the application of all the provisions of this 
     subtitle to Indian tribes and tribal organizations.

     ``SEC. 176E. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated--
       ``(1) to carry out section 176B, $300,000,000 for each of 
     fiscal years 2020 through 2024; and
       ``(2) to carry out section 176C, $400,000,000 for each of 
     fiscal years 2020 through 2024.''.

     SEC. 3. CONFORMING AMENDMENTS.

       (a) References.--
       (1) Section 121(b)(1)(C)(ii)(II) of the Workforce 
     Investment and Opportunity Act (29 U.S.C. 
     3152(b)(1)(C)(ii)(II)) is amended by striking ``subtitles C 
     through E'' and inserting ``subtitles C through F''.
       (2) Section 503(b) of such Act (29 U.S.C. 3343(b)) is 
     amended by inserting before the period the following: ``(as 
     such subtitles were in effect on the day before the date of 
     enactment of this Act)''.
       (b) Table of Contents.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     the subtitle heading for subtitle E of title I and inserting 
     the following:

              ``Subtitle E--Youth Employment Opportunities

``Sec. 176. Definitions.
``Sec. 176A. Allocation of funds.
``Sec. 176B. Summer employment competitive grant program.
``Sec. 176C. Year-round employment competitive grant program.
``Sec. 176D. Evaluation and administration.
``Sec. 176E. Authorization of appropriations.''.
                                 ______
                                 
      By Mr. SCHUMER (for himself, Ms. Duckworth, Mr. Merkley, Mr. 
        Sanders, Ms. Warren, Mr. Wyden, Mrs. Gillibrand, and Mr. 
        Kaine):
  S. 1552. A bill to decriminalize marijuana, and for other purposes; 
to the Committee on the Judiciary.
  Mr. SCHUMER. 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. 1552

       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 ``Marijuana Freedom and 
     Opportunity Act''.

     SEC. 2. DECRIMINALIZATION OF MARIJUANA.

       (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. 3. LEVEL THE ECONOMIC PLAYING FIELD.

       (a) Estimate.--On an annual basis, the Secretary of the 
     Treasury shall make a reasonable estimate of total tax 
     revenue generated by the marijuana industry for the previous 
     12-month period.
       (b) Transfer.--The Secretary of the Treasury shall transfer 
     from the general fund of the Treasury to the trust fund 
     established under subsection (c) the greater of--
       (1) an amount equal to 10 percent of the amount estimated 
     under subsection (a); and
       (2) $10,000,000.
       (c) Trust Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the Marijuana 
     Opportunity Trust Fund, which shall consist of amounts 
     transferred under subsection (b).
       (2) Use of amounts.--Amounts in the trust fund established 
     under paragraph (1) shall be made available to the 
     Administrator of the Small Business Administration to provide 
     loans under section 7(m) of the Small Business Act (15 U.S.C. 
     636(m)) to assist--
       (A) small business concerns owned and controlled by women, 
     as defined in section 3 of that Act (15 U.S.C. 632), that 
     operate in the marijuana industry; and
       (B) small business concerns owned and controlled by 
     socially and economically disadvantaged individuals, as 
     defined in section 8(d)(3)(C) of that Act (15 U.S.C. 
     637(d)(3)(C)), that operate in the marijuana industry.

     SEC. 4. HIGHWAY SAFETY RESEARCH.

       (a) Study; Development.--The Administrator of the National 
     Highway Traffic Safety Administration (referred to in this 
     section as the ``Administrator'') shall--
       (1) carry out a study of the impact of driving under the 
     influence of tetrahydrocannabinol on highway safety; and
       (2) develop enhanced strategies and procedures to reliably 
     determine the impairment

[[Page S2972]]

     of a driver under the influence of tetrahydrocannabinol.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $50,000,000 for each of fiscal years 2019 through 
     2023.

     SEC. 5. PUBLIC HEALTH RESEARCH.

       (a) In General.--The Secretary of Health and Human 
     Services, in consultation with the Director of the National 
     Institutes of Health and the Commissioner of Food and Drugs, 
     shall conduct research on the impacts of marijuana, 
     including--
       (1) effects of tetrahydrocannabinol on the human brain;
       (2) efficacy of medicinal marijuana as a treatment for 
     specific diseases and conditions; and
       (3) identification of additional medical benefits and uses 
     of cannabis.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Health and Human 
     Services, $100,000,000 for each of fiscal years 2019 through 
     2023, for purposes of carrying out the activities described 
     in subsection (a).

     SEC. 6. PROTECT KIDS.

       The Alcohol and Tobacco Tax and Trade Bureau of the 
     Department of the Treasury shall promulgate regulations 
     that--
       (1) require restrictions on the advertising and promotion 
     of products related to marijuana, if the Secretary determines 
     that such regulation would be appropriate for the protection 
     of the public health, taking into account--
       (A) the risks and benefits to the population of individuals 
     age 18 and under, including users and nonusers of marijuana 
     products;
       (B) the increased or decreased likelihood that existing 
     users of marijuana products who are age 18 and under will 
     stop using such products; and
       (C) the increased or decreased likelihood that those age 18 
     and under who do not use marijuana products will start using 
     such products; and
       (2) impose restrictions on the advertising and promotion of 
     products related to marijuana consistent with and to the full 
     extent permitted by the First Amendment to the Constitution 
     of the United States.

     SEC. 7. GRANTS FOR EXPUNGEMENT OF MARIJUANA CONVICTIONS.

       There is authorized to be appropriated to the Attorney 
     General to award grants to States and units of local 
     government for the purpose of administering, expanding, or 
     developing expungement or sealing programs for convictions of 
     possession of marijuana $20,000,000 for each of fiscal years 
     2019 through 2023 with not less than 50 percent of those 
     funds being directed to cover the cost of public defenders or 
     legal aid providers.

     SEC. 8. RULE OF CONSTRUCTION.

       Nothing in this Act, or an amendment made by this Act, may 
     be construed to modify the authority of the Federal 
     Government to prevent marijuana trafficking from States that 
     have legalized marijuana to those that have not.

                          ____________________