[Congressional Record (Bound Edition), Volume 163 (2017), Part 5]
[Senate]
[Pages 6151-6161]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. WYDEN (for himself, Mr. Brown, Mrs. Feinstein, Mrs. 
        Gillibrand, Mr. Merkley, Mr. Sanders, Ms. Warren, Mr.

[[Page 6152]]

        Whitehouse, Ms. Hirono, Mr. Schatz, Mr. Leahy, and Mr. Nelson):
  S. 959. A bill to restore protections for Social Security, Railroad 
retirement, and Black Lung benefits from administrative offset; to the 
Committee on Finance.
  Mr. WYDEN. Mr. President. Every day, Social Security provides vital 
benefits to millions of Americans who worked and paid into the system. 
To ensure workers would receive full access to these fundamental 
lifeline benefits, for many years, the law protected these earned 
benefits from attempts to recover debts. However, 20 years ago, 
Congress suddenly reversed course, and made a change to the law that 
allowed the government to cut Social Security and other hard-earned 
benefit payments in order to collect student loan and other federal 
debts, like home loans owed to the Veterans Administration, and food 
stamp overpayments. Now, more and more seniors are finding themselves 
subject to government garnishment of their already modest Social 
Security benefits in order to recoup student loan debts. In fact, the 
New York Times published an editorial recently titled, ``Haunted by 
Student Debt Past Age 50'' that highlighted the worsening struggle that 
seniors face with student debt.
  Student loan debt is becoming an increasingly serious problem in 
Oregon and across the Nation, with students and their families burdened 
by crushing student loan debt. Even in the best circumstances, many 
families will struggle to pay off crippling loans for years to come. 
However, for people who rely on benefits like Social Security after 
retirement, disability, or the death of a family member, making 
payments on student loans or other Federal debts can become an 
insurmountable hardship.
  Because of the lifeline nature of these earned benefits, for more 
than 40 years the law prevented all creditors from collecting hard-
earned Social Security, railroad retirement, and black lung benefits to 
recoup debts. The only exceptions included unpaid Federal taxes, child 
support or alimony payments, and court-ordered victim restitution. 
These protections helped ensure that our social safety net programs 
were functioning as intended--something I think we can all agree is 
essential to preserving Social Security and other earned benefits.
  Astonishingly, when the law changed as part of a 1996 omnibus budget 
bill, these changes were never fully debated in Congress. This means 
Members of Congress never had the chance to really explore how this 
policy would affect beneficiaries. The legislation ultimately included 
some protections for the most vulnerable, but even those protections 
have not been updated in 20 years.
  We now realize what a profound effect the loss of these protections 
has had on retirees and individuals with disabilities, who often live 
on fixed incomes. More and more seniors and people with disabilities 
are having their Social Security and other lifeline benefits taken away 
to pay federal debts. For example, according to a GAO report, in 2004, 
about 8,000 seniors were living in poverty after having their benefits 
garnished to recover a student debt. In 2015, over 67,000 seniors were 
subject to garnishment for a student debt and living in poverty. 
Congress should restore sanity to the system, and reestablish the 
protections that these beneficiaries deserve.
  That is why I, along with Senators Brown, Merkley, Feinstein, Hirono, 
Schatz, Leahy, Nelson, Whitehouse, Gillibrand, Sanders, and Warren are 
reintroducing the Protection of Social Security Benefits Restoration 
Act. The bill would restore the strong protections in the law that 
prevented the government from taking away earned benefits to pay 
federal debts, and guarantee beneficiaries will be able to maintain a 
basic standard of living by receiving the benefits they have earned. 
The bill is supported by Social Security Works, the Arc of the United 
States, Latinos for a Secure Retirement, Puget Sound Advocates for 
Retirement Action, PSARA, AFL-CIO, the Economic Opportunity Institute, 
the National Organization for Women, Justice in Aging, Gray Panthers 
NYC, Alliance for Retired Americans, the National Committee to Preserve 
Social Security and Medicare, Global Policy Solutions, AARP, the 
American Federation of Government Employees, and the International 
Union, United Automobile, Aerospace & Agricultural Implement Workers of 
America, UAW.
  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. 959

       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 ``Protection of Social 
     Security Benefits Restoration Act''.

     SEC. 2. PROTECTING SOCIAL SECURITY, RAILROAD RETIREMENT, AND 
                   BLACK LUNG BENEFITS FROM ADMINISTRATIVE OFFSET.

       (a) Prohibition on Administrative Offset Authority.--
       (1) Assignment under social security act.--Section 207 of 
     the Social Security Act (42 U.S.C. 407) is amended by adding 
     at the end the following new subsection:
       ``(d) Subparagraphs (A), (C), and (D) of section 3716(c)(3) 
     of title 31, United States Code, as such subparagraphs were 
     in effect on the date before the date of enactment of the 
     Protection of Social Security Benefits Restoration Act, shall 
     be null and void and of no effect.''.
       (2) Conforming amendments.--
       (A) Section 14(a) of the Railroad Retirement Act of 1974 
     (45 U.S.C. 231m(a)) is amended by adding at the end the 
     following: ``. The provisions of section 207(d) of the Social 
     Security Act shall apply with respect to this title to the 
     same extent as they apply in the case of title II of such 
     Act.''.
       (B) Section 2(e) of the Railroad Unemployment Insurance Act 
     (45 U.S.C. 352(e)) is amended by adding at the end the 
     following: ``The provisions of section 207(d) of the Social 
     Security Act shall apply with respect to this title to the 
     same extent as they apply in the case of title II of such 
     Act.''
       (b) Repeal of Administrative Offset Authority.--
       (1) In general.--Paragraph (3) of section 3716(c) of title 
     31, United States Code, is amended--
       (A) by striking ``(3)(A)(i) Notwithstanding'' and all that 
     follows through ``any overpayment under such program).'';
       (B) by striking subparagraphs (C) and (D); and
       (C) by redesignating subparagraph (B) as paragraph (3).
       (2) Conforming amendment.--Paragraph (5) of such section is 
     amended by striking ``the Commissioner of Social Security 
     and''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any collection by administrative offset 
     occurring on or after the date of enactment of this Act of a 
     claim arising before, on, or after the date of enactment of 
     this Act.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Grassley, Ms. Klobuchar, Mr. Lee, 
        Mrs. Feinstein, Mrs. McCaskill, Ms. Collins, Mr. McCain, Mr. 
        Blumenthal, Mr. Whitehouse, Mr. Cotton, and Mr. Durbin):
  S. 974. A bill to promote competition in the market for drugs and 
biological products by facilitating the timely entry of lower-cost 
generic and biosimilar versions of those drugs and biological products; 
to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, over the past few years, the national 
headlines have been dominated by stories about the high cost of 
pharmaceuticals. We have seen jaw-dropping examples, such as the 
unconscionable price increase overnight by Turing Pharmaceuticals of 
their drug for patients with HIV, from $13.50 to $750 per pill.
  Pharmaceutical companies should be compensated for their important 
work developing lifesaving treatments. But when companies engage in 
predatory practices at the expense of consumers, we must act. That is 
why today I am reintroducing the Creating and Restoring Equal Access to 
Equivalent Samples, or CREATES, Act, bipartisan legislation to end 
inappropriate delay tactics that are used by some brand-name drug 
manufacturers to block competition from more affordable generic drugs. 
I am glad to be joined by Senators Grassley, Klobuchar, Lee, and 
Feinstein, and several other Senators of both parties in introducing 
this bill today.

[[Page 6153]]

  The first delay tactic addressed by the CREATES Act involves the 
withholding of drug samples that generic manufacturers need to gain 
regulatory approval. Federal law requires generic competitors to prove 
that their low-cost alternative is as equally safe and effective as the 
brand-name drug with which they wish to compete. Unfortunately, some 
brand-name companies are preventing generic manufacturers from 
obtaining the samples they need to make the necessary comparison. This 
simple delay tactic uses regulatory safeguards as a weapon to block 
competition. The FDA has reported receiving more than 100 inquiries 
from generic product developers who were unable to access samples of a 
brand-name drug to compare their generic product.
  The second delay tactic addressed by the CREATES Act involves the 
development of shared safety protocols. For some high-risk drugs, 
Federal law requires a generic drug manufacturer to join the brand-name 
drug manufacturer in a single, shared safety protocol for distribution 
of the drug. Despite this requirement, some brand-name companies are 
refusing to negotiate shared safety protocols with potential generic 
competitors, again undermining those competitors' ability to gain FDA 
approval for their generic versions of such drugs.
  The revised version of the CREATES Act also allows the FDA more 
discretion to approve alternative safety protocols, rather than require 
parties to develop shared safety protocols. Any safety protocol 
approved by the FDA must meet the rigorous statutory standards already 
in place.
  These exclusionary practices thwart competition and deny consumers 
the benefit of lower drug prices. I share the concerns of Vermonters 
and Americans across the country that many prescription drugs are 
simply too expensive. When brand companies can artificially raise the 
price of drugs by using predatory practices, patients suffer. Illnesses 
get worse. Families, government programs, and other payers in the 
healthcare system ultimately bear those added, unnecessary costs.
  This legislation is not a silver bullet to address all of the complex 
problems driving the high costs of medications. In addition to the 
delayed entry of generic drugs, I am troubled by the rising cost of 
treatments for opioid overdoses, which remain expensive for local law 
enforcement agencies, even though there are generic competitors. In 
Vermont, many patients are grappling with the extremely high cost of a 
new drug for hepatitis C that will likely have years of market 
exclusivity before generic alternatives can be made. Last year we 
learned the price of EpiPen had increased by almost 500 percent since 
2009, now costing roughly $600 for a two-pack. The sharp increase in 
price combined with the relatively short shelf life of the product--1 
year to 18 months--has put this lifesaving drug out of reach for many.
  Think for a moment about the impact of price hikes on the family of a 
patient facing a life-threatening illness. Across the country, 
hardworking Americans feel like the system is rigged against them by 
corporations that are looking to make a profit at any price. With 
examples like Turing and Mylan, it is no wonder they feel that way.
  The CREATES Act is one piece of the puzzle, addressing 
anticompetitive behavior that delays the creation of affordable generic 
drugs. Drug affordability is a bipartisan issue that affects each and 
every American. These reforms will make a difference. I hope other 
Senators will join us in supporting these bipartisan reforms.
                                 ______
                                 
      By Mr. DAINES (for himself, Ms. Heitkamp, Mr. Barrasso, and Mr. 
        Tester):
  S. 975. A bill to amend the Internal Revenue Code of 1986 to 
permanently extend the Indian coal production tax credit; to the 
Committee on Finance.
  Mr. DAINES. Mr. President, I ask unanimous consent that the text of 
the legislation to amend the Internal Revenue Code of 1986 to 
permanently extend the Indian coal production tax credit 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. 975

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT EXTENSION OF INDIAN COAL PRODUCTION TAX 
                   CREDIT.

       (a) In General.--Section 45(e)(10)(A) of the Internal 
     Revenue Code of 1986 is amended by striking ``per ton of 
     Indian coal--'' and all that follows and inserting the 
     following: ``per ton of Indian coal--
       ``(i) produced by the taxpayer at an Indian coal production 
     facility, and
       ``(ii) sold (either directly by the taxpayer or after sale 
     or transfer to one or more related persons) to an unrelated 
     person.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to coal produced and sold after January 1, 2017.
                                 ______
                                 
      By Mr. CARDIN (for himself and Mr. Heller):
  S. 977. A bill to permit occupational therapists to conduct the 
initial assessment visit and complete the comprehensive assessment 
under a Medicare home health plan of care for certain rehabilitation 
cases; to the Committee on Finance.
  Mr. CARDIN. Mr. President, I wish to introduce the Medicare Home 
Health Flexibility Act of 2017. I am pleased that my colleague, the 
senior Senator from Nevada, Mr. Heller, has agreed to cosponsor this 
bipartisan, no-cost legislation that would allow occupational 
therapists to perform the initial home health assessment visit and 
comprehensive assessments in cases in which occupational therapy is 
ordered by the physician, along with speech language pathology and/or 
physical therapy services, and skilled nursing care is not required. 
Our bill will help ensure that Medicare beneficiaries receive timely 
access to essential home health therapy care.
  Occupational therapists have long been recognized as a valuable 
component of our Nation's healthcare workforce and a critical aspect of 
home healthcare because of their focus on patients' functional 
capabilities and their expertise in home safety. Physicians frequently 
order occupational therapy as part of an initial plan of care for 
patients requiring home health care, alongside the qualifying services 
of physical therapy, speech-language pathology, and skilled nursing. 
Under certain circumstances, an occupational therapist is allowed to 
perform the comprehensive assessment to determine a Medicare 
beneficiary's continuing need for home healthcare. However, under 
current Medicare law, occupational therapists are not permitted to 
conduct the initial assessment for home health cases, even when 
occupational therapy is included in the physician's order and when the 
case is exclusively related to rehabilitation therapy. Additionally, 
occupational therapists are not allowed to complete the comprehensive 
assessment unless occupational therapy is the qualifying service.
  By permitting occupational therapists to perform initial home health 
assessment visits and comprehensive assessments in limited 
circumstances, the Medicare Home Health Flexibility Act can help 
prevent delays in the time it takes for Medicare beneficiaries to 
receive essential home healthcare, especially in underserved areas 
where access to physical therapists and speech language pathologists 
may be limited. On January 13, 2017, the Centers for Medicare & 
Medicaid Services, or CMS, released the final conditions of 
participation, or COPs, for home health agencies participating in 
Medicare and Medicaid. These new COPs expand the content of the home 
health comprehensive assessment to include the patient's functional, 
psychosocial, and cognitive status, all of which are areas of expertise 
for occupational therapists. The new COPs also require the creation of 
a patient-centered plan of care that is informed by the comprehensive 
assessment. As a result of their comprehensive education and unique 
training, occupational therapists are qualified to perform the 
necessary assessments to adhere to these new CMS home health 
guidelines.
  It is important to note that the Medicare Home Health Flexibility Act 
would apply only to rehabilitation therapy cases in which skilled 
nursing

[[Page 6154]]

care is not required. Nurses would still be required to conduct the 
initial assessment for all home health cases in which skilled nursing 
care is ordered by the physician. Also, although the legislation would 
allow occupational therapists to conduct the initial home health 
assessment visit and comprehensive assessments, it would not alter the 
existing criteria for establishing eligibility for the Medicare home 
health benefit.
  I urge my colleagues to join me and Senator Heller and to support the 
Medicare Home Health Flexibility Act to correct the discrepancy in 
Medicare regulations between therapy providers and to help ensure 
timely access to essential, high-quality home health therapy care for 
Medicare beneficiaries.
  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. 977

       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 ``Medicare Home Health 
     Flexibility Act of 2017''.

     SEC. 2. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE 
                   INITIAL ASSESSMENT VISIT AND COMPLETE THE 
                   COMPREHENSIVE ASSESSMENT UNDER A MEDICARE HOME 
                   HEALTH PLAN OF CARE FOR CERTAIN REHABILITATION 
                   CASES.

       (a) In General.--Notwithstanding section 484.55(a)(2) or 
     484.55(b)(3) of title 42, Code of Federal Regulations, or any 
     other provision of law, an occupational therapist may be 
     designated to conduct the initial assessment visit and to 
     complete the comprehensive assessment for an individual who 
     is eligible for home health services under title XVIII of the 
     Social Security Act if the referral order by the physician--
       (1) does not include skilled nursing care;
       (2) includes occupation therapy; and
       (3) includes physical therapy or speech language pathology.
       (b) Rule of Construction.--Nothing in subsection (a) shall 
     be construed to provide for initial eligibility for coverage 
     of home health services under title XVIII of the Social 
     Security Act solely on the basis of a need for occupational 
     therapy.
                                 ______
                                 
      By Mr. DURBIN (for himself and Ms. Duckworth):
  S. 983. 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. 983

       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''.

     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),'' and 
     inserting ``, and'', and
       (C) by 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, 
     2016'' and inserting ``December 31, 2019''.
       (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. 984. 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. 984

       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 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

[[Page 6155]]

     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 1 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 6156]]

       ``(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

[[Page 6157]]

       ``(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 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

[[Page 6158]]

     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 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 2018 through 2022; and
       ``(2) to carry out section 176C, $400,000,000 for each of 
     fiscal years 2018 through 2022.''.

     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. MERKLEY (for himself, Mr. Sanders, Mr. Markey, and Mr. 
        Booker):
  S. 987. A bill to transition away from fossil fuel sources of energy 
to 100 percent clean and renewable energy by 2050, and for other 
purposes; to the Committee on Finance.
  Mr. MERKLEY. Mr. President, today I rise to address the important 
urgency of addressing climate change. Across the country, we are seeing 
the impacts of the warmer climate, and it is having devastating 
consequences on our forests, on our farming, on our fishing, and on our 
urban populations.
  Years ago, people talked about what we might see if we continued to 
burn fossil fuels and continued to put carbon dioxide into the air, but 
no longer do we have to talk about what we might see, because it is 
here. The facts are on the ground right now.
  We can look at my home State of Oregon. In Oregon, we have the 
challenge of forest fire seasons that are longer by several months than 
they were just decades ago. We have the challenge of warmer winters, 
resulting in pine beetles doing more damage to our trees. The fact that 
we have lower snowpacks in the Cascade Mountains means warmer trout 
streams and less water for irrigation. We have had the worst-ever 
droughts in the Klamath Basin in the past 15 years. Over on the coast, 
we have a big impact on oysters. Because we have burned so much in 
fossil fuels to create so much carbon dioxide that has been absorbed by 
the oceans and turned into carbonic acid, the oceans have acidified. 
They are 30 percent more acidic than they were 150 years ago, meaning 
our oysters are having trouble reaching out and pulling the molecules 
out of the water to form a shell. In fact, it takes so much energy to 
do so that they are dying.
  That is what is happening. That is just in Oregon. We can look across 
the United States and see impact after impact.
  If we were in Minnesota, we could talk about the tick populations 
that are killing the moose because it is not cold enough in the winter 
to kill the ticks. If we are in Maine, we can talk about the fact that 
the lobsters are migrating to Canada because that is where the colder 
waters can be found. If we are in Florida, we can talk about sunny day 
floods, because the ocean levels have risen and the ocean water--the 
saltwater--is contaminating the freshwater that cities depend on. If we 
are up the Atlantic coast, we can talk about Hurricane Sandy and how 
its devastating power was enhanced by an ocean that is much warmer than 
it was decades ago. If we are in Texas, we can talk about the spread of 
mosquitoes that carry the Zika virus affecting folks. So the list goes 
on and on. But it is not just in the United States of America. It is on 
the entire planet.
  As we are talking about oysters on the west coast of the United 
States, across the globe folks are talking about coral reefs. The Great 
Barrier Reef has virtually died over the last few years. Scientists say 
80 percent of the Great Barrier Reef off Australia has died in the last 
3 years. If we are looking at the mountainous regions of the world, you 
can trace the flow of glaciers and find that across the globe glaciers 
have diminished by an enormous amount. Some say that if you want to see 
a glacier in Glacier National Park, you better get there soon. That is 
just in the United States.
  If we turn north to the upper reaches of Canada and the permafrost, 
you can visit what are called the drunken forests, because the 
permafrost is melting and the trees are starting to lean in every which 
direction. If you turn to Alaska, you are finding that Native 
populations are having to relocate because of changing circumstances of 
a warmer Alaska.
  Go to the Arctic Ocean and what you see is a massive amount of 
missing ice, and, because that ice is missing, the ocean is absorbing 
more energy from the sun, and it is creating a feedback loop that is 
having further devastating consequences. And so the list goes on and 
on.
  It is not just time to address climate change boldly. It is time to 
address it aggressively. It is time for 100 by 50. What that means is 
100 percent clean and renewable energy to power the economy by the year 
2050 and the steps to get there in between and to have 50 percent of 
our energy clean and renewable by the year 2030. That is not far away. 
That is just 13 years away, and for 2050, add another 20 years.
  We have to act quickly because right now human civilization is 
failing the

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test. Our responsibility is to stop burning fossil fuels and to stop 
putting carbon dioxide into the atmosphere. That is why we have to 
rapidly transition from an energy economy based on fossil fuels to one 
based on clean and renewable energy.
  Why do I say we are failing the test at the moment? We are failing 
the test because if you look at the flow of carbon dioxide into the 
atmosphere from human civilization, the rate of carbon dioxide 
pollution has not leveled out. In fact, the speed of pollution and the 
amount of pollution per year is increasing. So we have a tremendous 
challenge ahead of us. We have to take and not only reduce the amount 
but reduce it enormously in a short period of time.
  Now some say this vision is too bold. Some say this vision is too 
difficult, that it is too hard. It makes me think of President 
Kennedy's call. He said decades ago:

       We choose to go to the moon in this decade and do other 
     things, not because they are easy, but because they are hard. 
     Because that challenge is one that we are willing to accept, 
     one we are unwilling to postpone, and one which we intend to 
     win.

  I tell you today that we must, as a Nation, be willing to accept the 
challenge of transforming our energy economy. We must be unwilling to 
postpone tackling this challenge of transforming our energy economy, 
and this challenge is one where we must be committed to winning. It is 
not just time. It is way past time.
  I came to the Senate floor last September to lay out the concept of 
100 by 50--100 percent clean, renewable energy by 2050. I come today to 
the Senate floor to say that today a group of Senators are introducing 
a bill to lay out a roadmap to get there.
  Just as President Kennedy laid out the vision of putting an American 
on the moon, NASA went to work and laid out a plan on how we would get 
there. They didn't know at first how it would be done. They hadn't 
proceeded to invent the staged rocket that would enable someone to 
escape the gravity of Earth in a fashion to get us to the moon. They 
didn't know how to create a lunar landing operation to put people 
safely on the planet surface. They weren't even sure of the composition 
of the surface of the moon, but they figured it out. They put forward a 
draft. They reworked that draft.
  Today we are putting forth a roadmap. I thank my colleagues who are 
standing with me today to be the original cosponsors: Senator Bernie 
Sanders of Vermont, Senator Ed Markey of Massachusetts, and Senator 
Cory Booker of New Jersey. I know other colleagues will join us as time 
progresses, but it is important not to wait until we have, if you will, 
a large population to begin the conversation--a large set of sponsors 
to begin the conversation of laying out a roadmap. It is important to 
lay it out now. It is important to lay it out now because it is a 
statement of values. It is important to lay it out now so that there is 
a vision that can be discussed--a detailed vision of how to take on 
different sectors of the energy economy that can be discussed and 
debated.
  So we are focused not on whether to get to 100 by 50, but on how we 
are going to get to 100 by 50. I invite and encourage that debate 
because each of us can envision a roadmap that is slightly different. 
So let's have that conversation, but let's not forget the importance of 
getting to this destination--100 percent clean, renewable energy--and 
getting thereby the year 2050.
  Yes, it is audacious when you think about how we use energy today, to 
think about how we can transform it in just a few decades, but we have 
many of the tools we need right now. With focused research and 
development, we can add the other tools that we need.
  Let us not fail to accept this challenge, because our planet is 
crying out in anguish. In addition to the facts on the ground that I 
have been mentioning, we can simply take the temperature of the planet. 
Month after month after month, year after year, in the past 2 years we 
have been setting new records for having the hottest month--not the 
hottest month in Washington, DC, not the hottest month in the United 
States of America but the hottest March in the history of the planet, 
the hottest April since we have been measuring the temperature of the 
planet--May, June, and so on and so forth.
  So the time for conversing about whether we have a problem is over. 
Now is the time to say how we will achieve this vision.
  One important element of achieving this vision is greening the grid. 
That means that we need to phase out electricity that is generated by 
fossil fuels. We need to invest in clean and renewable energy that puts 
green electrons in the grid instead, and we need to advance and develop 
the deployment of technologies that contribute to this, including high-
voltage transmission lines that will move energy between different 
parts of the United States. We certainly need to develop the ability to 
store electricity and to use automated demand management and automated 
supply management so we can match the supply of green energy to the 
demand at different times of the day or just the demand of different 
times of the day to make renewable energy fit to the operation of the 
economy.
  Now, we have some specific powerful gifts in this effort. One is that 
we have a dramatically declining cost of solar energy. A second is that 
we have a dramatically declining cost in wind energy. A third is that 
we have a dramatically declining cost of battery storage. This isn't an 
accident. This has happened because of the innovation economy where 
these ideas were developed and promoted and researched and advanced 
right here in the United States of America. But it really helps change 
the conversation. There have been many who are deeply invested in the 
fossil fuel world who would like to say that advancing to a clean and 
renewable energy economy will hurt the economy. But now we are coming 
to the point that it is less expensive to generate renewable energy 
than to generate fossil fuel energy. The fact is that we can create a 
tremendous number of jobs as we rebuild this energy economy.
  If we turn specifically to the issue of a Federal emissions vehicle 
standard--because that is one of the pieces of this puzzle--it means 
that we have to make national investments in electrical recharging 
stations along our roads and highways to support these vehicles. There 
are already half a million plug-in electric vehicles on our roads 
today, and these vehicles--these cars--are becoming cheaper as the 
numbers continue to grow.
  One of the factors that is enabling the car to become cheaper is the 
dropping cost of lithium in the batteries that power them. They are 
getting smaller, lighter, and cheaper. So in the same space you can put 
more energy with less weight to drive cars further. Since 2008, the 
cost of these batteries per kilowatt hour has fallen fourfold. They 
will continuously grow. Having more of these cars on our roads and our 
highways as the costs keep falling, it is vital that we have an 
infrastructure in place to support them.
  We need to ensure that everyone is part of this clean and renewable 
energy resolution, including low-income and disadvantaged communities. 
We addressed that in the 100 by 50 legislation. To do this, we 
established grants to bring affordable clean energy and energy 
efficiency to individuals' homes and communities. We invest in zero 
emission public transportation that is affordable and accessible. We 
also want to ensure that no workers are left behind in this 
transformation, especially the workers in the fossil fuel industry. 
That is why we need to provide a just transition for those workers and 
job training programs. We need to have a strategy to ensure that there 
are opportunities to move from jobs in the fossil fuel world to 
positions in the clean and renewable energy industry. Those industries 
are, in fact, booming, with jobs in solar and wind growing 12 times 
faster than the rest of the U.S. economy. Already, the number of clean 
and renewable industry jobs has surpassed those in the fossil fuel 
industry by a margin of 5 to 1.
  We want to enable everyone to have the skills they need to succeed in 
these

[[Page 6160]]

emerging industries, but to move to this future, we must come to a 
point at which we stop investing in new fossil fuel infrastructure. We 
cannot proceed to make this pivot quickly to a cleaner, brighter, 
renewable future if we continue to tie ourselves and our government to 
a fossil fuel-powered past. To achieve this clean break, the 100 by 50 
Act ends future fossil fuel investments at the Federal level. That 
would affect projects similar to the Keystone XL Pipeline and the 
Dakota Access Pipeline, and we would end the tax subsidies for the 
fossil fuel industry.
  This burning of fossil fuels is destroying our planet. We must stop 
subsidizing the destruction of our planet. This burning of fossil fuels 
is destroying our forests, which our rural communities depend on. We 
must stop subsidizing the destruction of our forests. The burning of 
these fossil fuels is driving droughts, reducing irrigation water, and 
hurting our farmers. We must quit subsidizing the destruction of 
agriculture in America. The burning of fossil fuels is also impacting 
our fishing--from warmer, smaller trout streams to a fishing industry 
that depends on the critical ecosystem in the ocean. We must stop 
subsidizing the destruction of our fishing industry.
  It is also important to make sure that America remains a leader in 
the energy economy and leads in the effort to make sure that we do not 
have a disadvantage with regard to manufacturing in other countries. 
What that means is that, with regard to countries that are not pursuing 
this on the same aggressive level, we need to have an effort to drive 
this transaction. We need to make sure that if there are additional 
costs, those are offset with a border tax so that we do not encourage 
the movement of production out of our economy here at home. We have 
done so with trade policy--in a massively destructive way--to the 
middle class of America. If we do not make things in America, we will 
not have a middle class in America, and we need to make sure that we do 
not do that in the transition of our energy economy.
  To fund this plan, we propose a new source of revenue. When I say a 
``new source of revenue,'' that is a little misleading because we are 
taking a cue from history, specifically World War II, and modeling 
bonds--climate bonds--on the war bonds that helped fund our fight 
against totalitarianism--to fund our fight against Germany and the 
Soviet Union. Auctioning off climate bonds is a way to raise the funds 
to drive the grants to power this transformation--to accelerate this 
transformation--and make sure that we do not leave out disadvantaged 
communities but, rather, bring them fully into this transition. The 100 
by 50 Act is ambitious, but the circumstances require no less.
  Furthermore, we cannot, simply, propose a Federal Government strategy 
because we live in the United States of America, where important things 
are done at many different levels. Here in this Chamber--right now in 
the U.S. Senate--we do not have a committee chair who is going to say 
that we need to have committee hearings in order to take on this issue. 
We do not have a committee chair on the House side who is going to 
drive this conversation. We do not have a President who understands the 
damage that is being done to our forests and our fishing and our 
farming and to our planet and who is going to lead the battle.
  We have to turn to the wisdom of the American people. We have to turn 
to the wisdom of the States and the wisdom of the counties and the 
wisdom of the cities and the wisdom of individuals across America who 
are willing to go to the leadership of their mosques or the leadership 
of their temples or the leadership of their churches, who are willing 
to go to the leadership of nonprofits that they are a part of, who are 
willing to go to their city councils or their county commissions, who 
are willing to go to their State legislators.
  They are going to say that we need to have a 100 by 50 resolution for 
our nonprofits, for our religious organizations, for our cities, for 
our counties, for our States because we need to own this issue. We 
Americans at every level need to own this issue. This is an issue that 
depends upon citizens across the globe taking hold of this in a 
powerful way that cannot be blocked by the dark money of the fossil 
fuel industry.
  In so doing, by passing that 100 by 50 resolution for the city or the 
nonprofit or the church or the mosque or the synagogue or the temple, 
we will also adopt an action plan that involves the specific steps that 
local organizations are going to take over the next 2 to 3 years. This 
year, maybe they are going to convert their hot water heaters to 
electrons rather than burning natural gas. Maybe they are going to sign 
up for green electrons from their local utilities, which is an option 
that is offered in many places across America. The following year, 
maybe they are going to invest in energy-saving retrofits of their 
buildings. The year after that, maybe they are going to say that we 
have to revamp our fleet of vehicles and start using rechargeable 
vehicles, like the Volt or the Bolt or the LEAF or a whole set of cars 
that has been appearing in the economy over the last few years. One can 
charge them up and, thereby, run them off green electrons rather than 
off fossil fuels.
  These are things that can be owned and done. In fact, it is already 
happening. It is happening with local organizations across this country 
that are committing themselves to 100 percent clean and renewable 
energy. More than 25 cities across the country have already adopted 
this vision--from Madison, WI, to Abita Springs, LA; from San Diego, 
CA, to Salt Lake City, UT; from Georgetown, TX, to Greensburg, KS--
cities that are working toward a 100 percent clean and renewable 
future. There are 88 major businesses that are getting in on the action 
as well--Walmart, Johnson & Johnson, Procter & Gamble, Nike, Coca-Cola, 
General Motors, and Apple. These are only a few of the major companies 
that have committed to powering themselves with 100 percent clean and 
renewable energy.
  What is driving this move toward clean and renewable energy? It is 
that Americans everywhere are seeing the effects on the ground. They 
are calling for action, and community leaders and business leaders are 
responding. We need to respond here in the U.S. Senate. We should be 
holding hearings on how to put this plan into action. We should be 
taking the best ideas from the city actions and the business actions 
and the nonprofit actions from across the country and from the ideas 
generated on the right side of the aisle and the left side of the aisle 
because the destruction we face--the threat we face--is not a blue 
issue or a red issue; it is a human civilization issue.
  America has been a driver of the technology that can transform our 
economy and also the technology that we can sell to the world. In 
adopting this vision and in fighting for this vision, America can be a 
leader with other nations around the world. It has been beyond strange 
to have other countries lecture us over the last few months to maintain 
our commitment as a Federal Government to this vision. Other countries 
are saying: America, you have to be part of the solution. You have 
benefited enormously from the burning of fossil fuels, perhaps more 
than any other economy in the world. You have one of the highest per 
capita footprints for carbon. You must be part of this effort because 
every country in the world is affected.
  More than 40 countries have now adopted the vision of clean and 
renewable energy, so there is no time for America to step out and not 
be part of the solution, not be part of the leadership, not be part of 
the driving force, not benefit from being on the cutting edge of this 
transformation of the energy economy.
  Just as President Kennedy laid out the vision for going to the Moon, 
Americans from every walk are coming together to lay out the vision for 
a 100 percent clean and renewable energy economy. They are adopting a 
framework--a time, a goal--as to where we are going and when we are 
getting there; 100 by 50 sums it up.
  After President Kennedy laid out the vision, America went to work to 
make it happen, and we landed American citizens on the Moon. Now it is 
time for all of America to get to work and implement this vision and 
ensure that

[[Page 6161]]

we succeed in transforming our energy economy within the next few 
decades by taking important steps every single year--driving ourselves 
forward, understanding the urgency, applying the technology, 
accelerating the implementation--to achieve 100 percent clean and 
renewable energy by 2050.
  If there were an asteroid coming toward the Earth, we would not be 
talking politics or political advantage. We would all be working 
together to take it on--destroy it before it destroyed us. We have the 
equivalent of an asteroid that is coming at the Earth in global 
warming. The time to play politics has passed. The time to play 
partisanship has passed. It is time for every citizen and every 
organization at every level--every chair representing every Senator 
from every State in the Union--to come together to take on this 
challenge together.
  I call upon my fellow Senators to be part of, perhaps, the most 
important effort we have to solve the biggest challenge to the health 
of America and the health of the planet--global warming. Step forward 
and be part of the effort.
  Thank you, Mr. President.

                          ____________________