[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.
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