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H.R. 5785: Jobs and Justice Act of 2018

The text of the bill below is as of May 11, 2018 (Introduced).


I

115th CONGRESS

2d Session

H. R. 5785

IN THE HOUSE OF REPRESENTATIVES

May 11, 2018

(for himself, Mr. Lewis of Georgia, Ms. Norton, Ms. Maxine Waters of California, Mr. Bishop of Georgia, Mr. Clyburn, Mr. Hastings, Ms. Eddie Bernice Johnson of Texas, Mr. Rush, Mr. Scott of Virginia, Mr. Thompson of Mississippi, Ms. Jackson Lee, Mr. Cummings, Mr. Danny K. Davis of Illinois, Mr. Meeks, Ms. Lee, Mr. Clay, Mr. David Scott of Georgia, Mr. Butterfield, Mr. Cleaver, Mr. Al Green of Texas, Ms. Moore, Ms. Clarke of New York, Mr. Ellison, Mr. Johnson of Georgia, Mr. Carson of Indiana, Ms. Fudge, Ms. Bass, Ms. Sewell of Alabama, Ms. Wilson of Florida, Mr. Payne, Mrs. Beatty, Mr. Jeffries, Mr. Veasey, Ms. Kelly of Illinois, Ms. Adams, Mrs. Lawrence, Ms. Plaskett, Mrs. Watson Coleman, Mr. Evans, Ms. Blunt Rochester, Mr. Brown of Maryland, Mrs. Demings, Mr. Lawson of Florida, and Mr. McEachin) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Financial Services, Transportation and Infrastructure, Ways and Means, Energy and Commerce, the Budget, Education and the Workforce, Science, Space, and Technology, Veterans' Affairs, Homeland Security, Armed Services, Small Business, House Administration, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To advance Black families in the 21st century.

1.

Short title; table of contents; findings

(a)

Short title

This Act may be cited as the Jobs and Justice Act of 2018.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents; findings.

Division A—Jobs

Title I—Main Street Marshall Plan

Subtitle A—In general

Sec. 1001. Submission of data relating to diversity by certain contractors.

Sec. 1002. Submission of data relating to diversity by issuers.

Sec. 1003. Sense of Congress on infrastructure spending.

Sec. 1004. Sense of Congress on infrastructure workforce development.

Sec. 1005. Qualification of rehabilitation expenditures for public school buildings for rehabilitation credit.

Sec. 1006. Supplemental appropriation for the drinking water State revolving funds.

Sec. 1007. Highway projects.

Sec. 1008. Public transportation projects.

Sec. 1009. Establishment of performance measures for transportation accessibility.

Sec. 1010. Supplemental appropriation for TIGER discretionary grant program.

Sec. 1011. Definitions.

Sec. 1012. Purpose and reservation.

Sec. 1013. Allocation to States.

Sec. 1014. Need-based grants to qualified local educational agencies.

Sec. 1015. Annual report on grant program.

Sec. 1016. Authorization of appropriations.

Sec. 1017. School infrastructure bonds.

Sec. 1018. Expansion of qualified zone academy bonds.

Sec. 1019. Annual report on bond program.

Sec. 1020. Allowable uses of funds.

Sec. 1021. Prohibited uses.

Sec. 1022. Green practices.

Sec. 1023. Use of American iron, steel, and manufactured products.

Sec. 1024. Comptroller General report.

Sec. 1025. Study and report physical condition of public schools.

Sec. 1026. Development of data standards.

Sec. 1027. Information clearinghouse.

Sec. 1028. Temporary increase in funding for impact aid construction.

Subtitle B—Building Resiliency

Sec. 1201. Definitions.

Sec. 1202. Community Resilience Grant Program.

Sec. 1203. National Research Center for Resilience.

Sec. 1204. Annual programs report.

Sec. 1205. GAO reports.

Sec. 1206. Funding.

Title II—Poverty

Sec. 2001. Allocation of funds for assistance in persistent poverty counties.

Sec. 2002. Sense of the Congress.

Sec. 2003. Findings.

Sec. 2004. Definitions.

Sec. 2005. Applications.

Sec. 2006. Demonstration authority; annual grants.

Sec. 2007. Reserve fund.

Sec. 2008. Eligibility for participation.

Sec. 2009. Deposits by qualified entities.

Sec. 2010. Regulations.

Sec. 2011. Annual progress reports.

Sec. 2012. Sanctions.

Sec. 2013. Evaluations.

Sec. 2014. Costs of training qualified entities.

Sec. 2015. Waiver authority.

Sec. 2016. Authorization of appropriations.

Sec. 2017. Conforming amendments.

Sec. 2018. General effective date.

Sec. 2019. Low-income sewer and water assistance pilot program.

Title III—Workforce Development

Sec. 3001. Job skills training for older individuals.

Sec. 3002. Extension of work opportunity tax credit for certain targeted groups.

Sec. 3003. Youth and summer jobs.

Sec. 3004. YouthBuild program.

Sec. 3005. Tax credit for providing programs for students that promote economic and financial literacy.

Sec. 3006. Teacher recruiting.

Sec. 3007. Recidivism reduction working group.

Sec. 3008. Commendable release program.

Sec. 3009. Increase in work opportunity tax credit for hiring qualified ex-felons.

Sec. 3010. Entrepreneurship apprenticeships.

Sec. 3011. Expansion of eligible programs.

Sec. 3012. Model standards and guidelines for credentialing environmental health workers.

Sec. 3013. Environmental health workforce development plan.

Sec. 3014. Environmental health workforce development report.

Sec. 3015. Public service loan forgiveness.

Sec. 3016. Definitions.

Sec. 3017. Grants to prepare girls and underrepresented minorities.

Sec. 3018. GAO study.

Sec. 3019. Contents of study.

Sec. 3020. Report.

Sec. 3021. Grants to units of general local government.

Sec. 3022. Back to Basics Job Creation grant program.

Sec. 3023. Grants for provision of transition assistance to members of the Armed Forces recently separated from active duty service.

Sec. 3024. Credit for employees participating in qualified apprenticeship programs.

Sec. 3025. Findings.

Sec. 3026. Authorization of appropriations.

Sec. 3027. Reservation of funds for administrative and other purposes.

Sec. 3028. Summer employment opportunities for at-risk youth.

Sec. 3029. Year-round employment for opportunity youth.

Sec. 3030. Connecting-for-opportunities competitive grant program.

Sec. 3031. Labor standards.

Sec. 3032. Privacy.

Sec. 3033. Innovation and learning.

Sec. 3034. Evaluation and reports.

Sec. 3035. Definitions.

Sec. 3036. Minimum wage increases.

Sec. 3037. Tipped employees.

Sec. 3038. Newly hired employees who are less than 20 years old.

Sec. 3039. Publication of notice.

Sec. 3040. Promoting economic self-sufficiency for individuals with disabilities.

Sec. 3041. General effective date.

Sec. 3042. Prohibitions relating to prospective employees’ salary and benefit history.

Sec. 3043. Private right of action under the National Labor Relations Act.

Sec. 3044. Findings and purpose.

Sec. 3045. Urging employment, on-the-job training, and apprenticeships for unemployed African-American young men in rebuilding the Nation’s crumbling infrastructure.

Sec. 3046. Sense of Congress.

Sec. 3047. Increase in research credit for contracted research with United States businesses.

Sec. 3048. Homeland Security cybersecurity workforce; personnel authorities.

Sec. 3049. Protecting Social Security, railroad retirement, and black lung benefits from administrative offset.

Sec. 3050. Expansion of authority for noncompetitive appointments of military spouses by Federal agencies.

Sec. 3051. Report on mechanisms to increase participation in Department of Defense contracts of firms with programs to employ military spouses.

Sec. 3052. Improvement of education and career opportunities programs for military spouses.

Sec. 3053. Military family childcare matters.

Sec. 3054. Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families.

Sec. 3055. Transition assistance for military spouses.

Sec. 3056. Public-private partnerships on health, safety, welfare, and morale of military families.

Sec. 3057. Small business activities of military spouses on military installations.

Sec. 3058. Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses.

Title IV—Health

Sec. 4001. Study on the uninsured.

Sec. 4002. Volunteer dental projects and action for dental health program.

Sec. 4003. Critical access hospital improvements.

Sec. 4004. Community health center collaborative access expansion.

Sec. 4005. Improving opportunity diaper distribution demonstration project.

Sec. 4006. Findings.

Sec. 4007. Findings.

Sec. 4008. Expanding research and education with respect to endometrial cancer.

Title V—Small Business

Sec. 5001. Direct loans to small business concerns.

Sec. 5002. Pilot program to fund local incubators.

Sec. 5003. Funding for organizations that support startup businesses.

Sec. 5004. Expanding broadcast ownership opportunities.

Sec. 5005. Permanent increase of limitation on deduction for start-up and organizational expenditures.

Sec. 5006. Veteran small business start-up credit.

Sec. 5007. Inspector General report on participation in FAA programs by disadvantaged small business concerns.

Sec. 5008. Minority and disadvantaged business participation.

Sec. 5009. Passenger facility charges.

Sec. 5010. Annual tracking of certain new firms at airports with a disadvantaged business enterprise program.

Sec. 5011. Audits.

Sec. 5012. Prompt payments.

Sec. 5013. Expansion of credit for expenditures to provide access to disabled individuals.

Sec. 5014. Reporting requirements for certain small business concerns.

Title VI—Economic development

Sec. 6001. Economic growth, retention, and recruitment of commercial investment in economically underserved communities.

Sec. 6002. Minority Bank Deposit Program.

Sec. 6003. Reporting certain positive consumer credit information to consumer reporting agencies.

Sec. 6004. Gender and racial and ethnic diversity in appointing Federal Reserve bank presidents.

Sec. 6005. Allocations under new markets tax credit made more competitive.

Sec. 6006. Extension and improvement of new markets tax credit.

Title VII—Housing and Asset Building

Sec. 7001. Sense of Congress regarding the right of all renters to a safe, affordable, and decent home.

Subtitle A—A Path to Ending Homelessness

Sec. 7101. Congressional findings.

Sec. 7102. Emergency relief funding.

Sec. 7103. Housing Trust Fund.

Sec. 7104. Technical assistance funds to help States and local organizations align health and housing systems.

Sec. 7105. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants.

Sec. 7106. Permanent extension of United States Interagency Council on Homelessness.

Sec. 7107. Emergency designation.

Subtitle B—Tenant Blacklisting

Sec. 7201. Tenant blacklisting.

Sec. 7202. Capital Fund amounts for large public housing agencies.

Sec. 7203. Assistance to NeighborWorks for mortgage foreclosure mitigation activities.

Sec. 7204. Incremental housing choice voucher assistance.

Sec. 7205. Extension of pilot program.

Subtitle C—Financial Literacy

Sec. 7301. Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs.

Sec. 7302. Young Americans financial literacy.

Sec. 7303. Office for Under-Banked and Un-Banked Consumers.

Subtitle D—Housing Fairness

Sec. 7401. Testing for discrimination.

Sec. 7402. Increase in funding for the Fair Housing Initiatives Program.

Sec. 7403. Sense of Congress.

Sec. 7404. Grants to private entities to study housing discrimination.

Sec. 7405. Limitation on use of funds.

Title VIII—Education

Subtitle A—Elementary and Secondary Education

Part 1—Supporting Promise Neighborhoods

Sec. 8001. Purpose.

Sec. 8002. Definitions.

Subpart A—Promise Neighborhood Partnership Grants

Sec. 8011. Program authorized.

Sec. 8012. Eligible entities.

Sec. 8013. Application requirements.

Sec. 8014. Use of funds.

Sec. 8015. Report and publicly available data.

Sec. 8016. Accountability.

Subpart B—General Provisions

Sec. 8021. Planning grants.

Sec. 8022. Evaluation.

Sec. 8023. National activities.

Sec. 8024. Authorization of appropriations.

Part 2—Increased Access to Computer Science Education

Sec. 8031. Definitions.

Sec. 8032. Grants to States, local educational agencies, and eligible Tribal schools.

Sec. 8033. Reporting requirements.

Part 3—Environmental Justice Education

Sec. 8041. Grants authorized.

Subtitle B—Community College

Sec. 8101. Purpose.

Part 1—State and Indian Tribe grants for community colleges

Sec. 8111. In general.

Sec. 8112. Federal share; non-Federal share.

Sec. 8113. Eligibility.

Sec. 8114. Applications.

Sec. 8115. Allowable uses of funds.

Sec. 8116. Definitions.

Sec. 8117. Appropriations.

Part 2—Grants to certain institutions of higher education

Sec. 8121. Pathways to student success for historically black colleges and universities.

Sec. 8122. Pathways to student success for Hispanic-serving institutions, Asian American and Native American Pacific Islander-serving institutions, tribal colleges and universities, Alaska Native-serving institutions, Native Hawaiian-serving institutions, predominantly Black institutions, and Native American-serving nontribal institutions.

Sec. 8123. Definitions.

Sec. 8124. Appropriations.

Subtitle C—Higher Education

Part 1—Early College Federal Pell Grants

Sec. 8201. Early College Federal Pell Grant.

Part 2—Mandatory Funding for Pell Grants

Sec. 8205. Funding Federal Pell Grants through mandatory funding.

Part 3—Including Parent PLUS Loans in Income-Contingent and Income-Based Repayment Plans

Sec. 8211. Applicable rate of interest for PLUS loans.

Sec. 8212. Elimination of origination fee for Parent PLUS loans.

Sec. 8213. Counseling for Parent PLUS borrowers.

Sec. 8214. Inclusion of Parent PLUS loans in income-contingent and income-based repayment plans.

Part 4—America RISING Program

Sec. 8221. Establishment of America RISING program.

Part 5—Science and Technology

Sec. 8231. Office of Cybersecurity Education and Awareness.

Sec. 8232. Science and technology initiative grants.

Sec. 8233. Project-based learning program.

Sec. 8234. Matching funds for State and privately financed science and technology after-school programs.

Sec. 8235. Science and Technology Board of Advisors.

Sec. 8236. Laboratories for science and technology excellence.

Sec. 8237. Computing and Information Research Working Group.

Sec. 8238. Process for adoption research and a best practices voluntary guidelines for laboratory facilities.

Sec. 8239. Computing and information security mentoring programs for college students.

Sec. 8240. Grants for computer equipment.

Sec. 8241. Centers of Academic Computing and Information Assurance.

Sec. 8242. Lifelong learning in computer and information security study.

Sec. 8243. Computer and information security job opportunities program.

Sec. 8244. Department of Homeland Security cybersecurity training programs and equipment.

Sec. 8245. E-Security Fellows Program.

Sec. 8246. National Science Foundation study on science and technology student retention.

Sec. 8247. Challenge Grants.

Sec. 8248. E-Security Fellows Program.

Part 6—Supplemental Nutrition Assistance Program

Sec. 8251. Eligibility of students to participate in the supplemental nutrition assistance program.

Part 7—Strengthening Prevention and Response Measures for Hate Crimes on College Campuses

Sec. 8261. Hate crime prevention and response.

Sec. 8262. Clery Act amendments.

Sec. 8263. Program participation agreements.

Sec. 8264. Accrediting agency recognition.

Subtitle D—Historically Black Colleges and Universities

Sec. 8301. Bond insurance.

Sec. 8302. Strengthening technical assistance.

Sec. 8303. HBCU Capital Financing Advisory Board.

Subtitle E—Mentoring

Sec. 8401. Transition-to-Success Mentoring Program.

Sec. 8402. Table of contents.

Subtitle F—Civil Rights

Sec. 8501. Restoration of right to civil action in disparate impact cases under title VI of the Civil Rights Act of 1964.

Sec. 8502. Designation of monitors under title VI of the Civil Rights Act of 1964.

Sec. 8503. Special Assistant for Equity and Inclusion.

Division B—Justice

Title I—Police Reform

Sec. 1001. Definitions.

Sec. 1002. Prohibition.

Sec. 1003. Enforcement.

Sec. 1004. Policies to eliminate racial profiling.

Sec. 1005. Policies required for grants.

Sec. 1006. Involvement of Attorney General.

Sec. 1007. Data collection demonstration project.

Sec. 1008. Best practices development grants.

Sec. 1009. Authorization of appropriations.

Sec. 1010. Attorney General to issue regulations.

Sec. 1011. Publication of data.

Sec. 1012. Limitations on publication of data.

Sec. 1013. Attorney General to issue regulations and reports.

Sec. 1014. Severability.

Sec. 1015. Savings clause.

Sec. 1016. Body-worn camera grants.

Sec. 1017. Study on the cost of the purchase and use of body-worn cameras by law enforcement agencies.

Sec. 1018. Establishment of task force on community policing and body camera accountability.

Sec. 1019. GAO report on Pentagon’s 1033 Program.

Sec. 1020. Findings.

Sec. 1021. Use of body cameras by certain ICE officers.

Sec. 1022. Recordings to be provided to certain persons.

Sec. 1023. Withholding of certain funds.

Sec. 1024. Accreditation of law enforcement agencies.

Sec. 1025. Definitions.

Sec. 1026. Law enforcement grants.

Sec. 1027. Attorney General to conduct study.

Sec. 1028. Authorization of appropriations.

Sec. 1029. National Task Force on Law Enforcement Oversight.

Sec. 1030. Federal data collection on law enforcement practices.

Sec. 1031. Medallions for fallen law enforcement officers.

Sec. 1032. Training on de-escalation for law enforcement.

Sec. 1033. Data collection.

Sec. 1034. Affirmative duty to use de-escalation tactics when available.

Sec. 1035. Attorney General guidance.

Sec. 1036. In general.

Sec. 1037. Findings.

Sec. 1038. Use of COPS grant funds to hire law enforcement officers who are residents of the communities they serve.

Sec. 1039. Definitions.

Sec. 1040. Use of force reporting.

Sec. 1041. Community and law enforcement partnership grant program.

Sec. 1042. Compliance with reporting requirements.

Sec. 1043. Authorization of appropriations.

Sec. 1044. Findings.

Sec. 1045. Limitation on Department of Defense transfer of personal property to local law enforcement agencies.

Sec. 1046. Findings.

Sec. 1047. Task force to assist Federal officials in determining appropriateness of items for use by law enforcement.

Sec. 1048. Urban Areas Security Initiative and State Homeland Security grant program.

Sec. 1049. Modification of authority to transfer Department of Defense property for law enforcement activities.

Sec. 1050. Edward Byrne Memorial Justice Assistance Grants.

Sec. 1051. Department of Justice reports on SWAT teams.

Sec. 1052. Federal Law Enforcement Training Center certification of instructors in training on use of force and special equipment.

Sec. 1053. Civil action by Attorney General.

Sec. 1054. Annual reporting requirement.

Sec. 1055. Grants to educate Americans about the principles and practice of nonviolence.

Sec. 1056. Limitation on use of funds.

Sec. 1057. Findings.

Sec. 1058. Eligibility for grants under the Byrne JAG Program.

Sec. 1059. Prohibition of money bail in Federal criminal cases.

Sec. 1060. Reduction in grant funding for units of local government.

Sec. 1061. Exemptions.

Sec. 1062. Waivers.

Title II—Public Defense

Sec. 2001. Clarification of right to counsel.

Sec. 2002. Treatment of individuals held or detained at ports of entry or at any CBP or ICE detention facility.

Sec. 2003. Duty to disclose favorable information.

Sec. 2004. Technical and conforming amendments.

Title III—Drug Policy Reform

Sec. 3001. De-scheduling marihuana.

Sec. 3002. Community Reinvestment Fund.

Sec. 3003. Findings; sense of Congress.

Sec. 3004. Limitation on receipt of Byrne grant funds and other Department of Justice law enforcement assistance.

Sec. 3005. Collection of data.

Title IV—Juvenile Justice

Sec. 4001. Findings.

Sec. 4002. Commission establishment and membership.

Sec. 4003. Other matters relating to appointment; removal.

Sec. 4004. Leadership election.

Sec. 4005. Commission duties and powers.

Sec. 4006. Commission meeting requirements.

Sec. 4007. Annual report guidelines.

Sec. 4008. Commission compensation.

Title V—Parental Incarceration (excluding cases involving crimes against children)

Sec. 5001. Treatment of primary caretaker parents and other individuals in Federal prisons.

Sec. 5002. Overnight visit pilot program.

Title VI—Sentencing Reform

Sec. 6001. Findings.

Sec. 6002. Approval of certain prosecutions by Attorney General.

Sec. 6003. Modification of certain sentencing provisions.

Sec. 6004. Eligibility for resentencing based on changes in law.

Sec. 6005. Directives to the Sentencing Commission.

Sec. 6006. Exclusion of acquitted conduct and discretion to disregard manipulated conduct from consideration during sentencing.

Sec. 6007. Amendments to enhanced penalties provision.

Sec. 6008. Ability to petition for release to extended supervision for certain prisoners who are medically incapacitated, geriatric, or caregiver parents of minor children and who do not pose public safety risks.

Title VII—Death Penalty Reform

Sec. 7001. Repeal of Federal laws providing for the death penalty.

Sec. 7002. Prohibition on imposition of death sentence.

Title VIII—Voting

Sec. 8000. Short title.

Subtitle A—Voting Rights Advancement

Sec. 8001. Short title.

Sec. 8002. Voting on Indian lands.

Sec. 8003. Violations triggering authority of court to retain jurisdiction.

Sec. 8004. Criteria for coverage of States and political subdivisions.

Sec. 8005. Determination of States and political subdivisions subject to preclearance for covered practices.

Sec. 8006. Promoting transparency to enforce the Voting Rights Act.

Sec. 8007. Authority to assign observers.

Sec. 8008. Preliminary injunctive relief.

Sec. 8009. Definitions.

Sec. 8010. Bilingual election requirements.

Sec. 8011. Requiring declaratory judgment or preclearance as prerequisite for multiple Congressional redistricting plans enacted pursuant to same decennial census and apportionment of Representatives.

Sec. 8012. Other technical and conforming amendments.

Sec. 8013. Tribal voting consultation.

Subtitle B—Promoting Internet Registration

Sec. 8100. Short title.

Part 1—Promoting Internet Registration

Sec. 8101. Requiring availability of Internet for voter registration.

Sec. 8102. Use of Internet to update registration information.

Sec. 8103. Provision of election information by electronic mail to individuals registered to vote.

Sec. 8104. Clarification of requirement regarding necessary information to show eligibility to vote.

Sec. 8105. Effective date.

Part 2—Automated Registration of Certain Individuals

Sec. 8111. Automated voter registration.

Sec. 8112. List maintenance, privacy, and security.

Sec. 8113. Promoting accuracy of Statewide voter registration lists.

Sec. 8114. Definitions.

Sec. 8115. Effective date.

Part 3—Other Initiatives To Promote Voter Registration

Sec. 8121. Same day registration.

Sec. 8122. Acceptance of voter registration applications from individuals under 18 years of age.

Sec. 8123. Annual reports on voter registration statistics.

Part 4—Availability of HAVA Requirements Payments

Sec. 8131. Availability of requirements payments under HAVA to cover costs of compliance with new requirements.

Part 5—Prohibiting Interference With Voter Registration

Sec. 8141. Prohibiting hindering, interfering with, or preventing voter registration.

Sec. 8142. Establishment of best practices.

Subtitle C—Access to Voting for Individuals with Disabilities

Sec. 8201. Requirements for States to promote access to voter registration and voting for individuals with disabilities.

Sec. 8202. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences.

Sec. 8203. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities.

Subtitle D—Prohibiting Voter Caging

Sec. 8301. Voter caging and other questionable challenges prohibited.

Sec. 8302. Development and adoption of best practices for preventing voter caging.

Sec. 8303. Severability.

Subtitle E—Prohibiting Deceptive Practices

Sec. 8401. Prohibition on deceptive practices in Federal elections.

Sec. 8402. Modification of penalty for voter intimidation.

Sec. 8403. Sentencing guidelines.

Sec. 8404. Reporting violations; corrective action.

Subtitle F—Democracy Restoration

Sec. 8501. Rights of citizens.

Sec. 8502. Enforcement.

Sec. 8503. Notification of restoration of voting rights.

Sec. 8504. Definitions.

Sec. 8505. Relation to other laws.

Sec. 8506. Federal prison funds.

Sec. 8507. Effective date.

Subtitle G—Accuracy, Integrity, and Security of Elections

Sec. 8600. Short title.

Part 1—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot

Sec. 8601. Moratorium on acquisition of certain direct recording electronic voting systems and certain other voting systems.

Sec. 8602. Paper ballot and manual counting requirements.

Sec. 8603. Accessibility and ballot verification for individuals with disabilities.

Sec. 8604. Additional voting system requirements.

Sec. 8604. Effective date for new requirements.

Part 2—Requirement for Mandatory Manual Audits by Hand Count

Sec. 8611. Mandatory manual audits.

Sec. 8612. Availability of enforcement under Help America Vote Act of 2002.

Sec. 8613. Guidance on best practices for alternative audit mechanisms.

Sec. 8614. Clerical amendment.

Subtitle H—Provisional Ballots

Sec. 8701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards.

Subtitle I—Early Voting and Voting by Mail

Sec. 8801. Early voting and voting by mail.

Subtitle J—Absent Uniformed Services Voters and Overseas Voters

Sec. 8901. Extending guarantee of residency for voting purposes to family members of absent military personnel.

Sec. 8902. Pre-election reports on availability and transmission of absentee ballots.

Sec. 8903. Enforcement.

Sec. 8904. Revisions to 45-day absentee ballot transmission rule.

Sec. 8905. Use of single absentee ballot application for subsequent elections.

Sec. 8906. Effective date.

Subtitle K—Poll Worker Recruitment and Training

Sec. 8911. Leave to serve as a poll worker for Federal employees.

Sec. 8912. Grants to States for poll worker recruitment and training.

Sec. 8913. Model poll worker training program.

Sec. 8914. State defined.

Subtitle L—Enhancement of Enforcement

Sec. 8921. Enhancement of enforcement of Help America Vote Act of 2002.

Subtitle M—Federal Election Integrity

Sec. 8931. Prohibition on campaign activities by chief State election administration officials.

Sec. 8932. Due process requirements for individuals proposed to be removed from list of eligible voters.

Sec. 8933. Mandatory response by Attorney General to allegations of voter intimidation or suppression by law enforcement officers and other government officials.

Subtitle N—Election Day as Legal Public Holiday

Sec. 8941. Treatment of Election Day in same manner as legal public holiday for purposes of Federal employment.

Subtitle O—Other Election Administration Improvements

Sec. 8951. Requirements for availability of sufficient polling places, equipment, and resources.

Sec. 8952. Treatment of universities as voter registration agencies.

Sec. 8953. Requiring States to accept student identifications for purposes of meeting voter identification requirements.

Sec. 8954. Minimum notification requirements for voters affected by polling place changes.

Sec. 8955. Voter information response systems and hotline.

Sec. 8956. Reauthorization of election assistance commission.

Sec. 8957. Application of laws to Commonwealth of Northern Mariana Islands.

Sec. 8958. Repeal of exemption of Election Assistance Commission from certain government contracting requirements.

Sec. 8959. Permitting Election Assistance Commission to exercise rulemaking authority.

Sec. 8960. No effect on other laws.

Title IX—Prison Reform

Sec. 9001. Elimination of Federal contracts for privately run prisons within 3 years.

Sec. 9002. Prohibition on private entities running prisons housing State and local prisoners after 3 years.

Sec. 9003. Freedom of Information Act applicable for contract prisons.

Sec. 9004. Restrictions on the provision of inmate telephone and video service.

Sec. 9005. Federal prisoner reentry initiative reauthorization; modification of imposed term of imprisonment.

Sec. 9006. Reinstatement of parole.

Sec. 9007. Termination of detention bed quota.

Sec. 9008. Oversight of detention facilities.

Sec. 9009. Prerelease custody.

Sec. 9010. Purposes.

Sec. 9011. National solitary confinement study and reform commission.

Sec. 9012. Adoption and effect of national standards.

Sec. 9013. Definitions.

Title X—Collateral Consequences

Sec. 10001. Repeal of suspension of eligibility under the Higher Education Act of 1965 for grants, loans, and work assistance for drug-related offenses.

Sec. 10002. Repeal of denial of assistance and benefits for certain drug-related convictions.

Sec. 10003. Prohibition on criminal history inquiries prior to conditional offer for Federal employment.

Sec. 10004. Prohibition on criminal history inquiries by contractors prior to conditional offer.

Sec. 10005. Report on employment of individuals formerly incarcerated in Federal prisons.

Sec. 10006. Penalty for unauthorized participation by convicted individual.

Sec. 10007. Lowering the age for expungement of certain convictions for simple possession of controlled substances by nonviolent young offenders.

Sec. 10008. Residence of incarcerated individuals.

Title XI—Gun Violence

Sec. 11001. Definitions of intimate partner and misdemeanor crime of domestic violence expanded.

Sec. 11002. Unlawful sale of firearm to a person subject to court order.

Sec. 11003. List of persons subject to a restraining or similar order prohibited from possessing or receiving a firearm expanded.

Sec. 11004. Stalking prohibitions.

Sec. 11005. Findings.

Sec. 11006. Research on mental health, gun violence, and how they intersect.

Sec. 11007. Report on effects of gun violence on public health.

Sec. 11008. Report on effects of gun violence on mental health in minority communities.

(c)

Findings

Congress finds the following:

(1)

Nearly 70 years have passed since the post-World War II economic recovery initiative known as the Marshall Plan spurred the fastest period of growth in European history. Industrial and agricultural production skyrocketed. The poverty and starvation of the immediate postwar years disappeared, and Western Europe embarked upon an unprecedented two decades of growth that saw standards of living increase dramatically.

(2)

Whitney M. Young, who served as executive director of the National Urban League from 1961 to 1971, first proposed a domestic Marshall Plan in 1964. Many elements of his plan, which called for $145 billion in spending over 10 years, were incorporated into President Lyndon B. Johnson’s War on Poverty legislation.

(3)

In the 1990 edition of the State of Black America, National Urban League President John Jacob again called for an urban Marshall Plan.

(4)

In 2017, the National Urban League again called for an investment in America by introducing “The Main Street Marshall Plan: From Poverty to Shared Prosperity.” The plan calls for investment in physical infrastructure such as roads, bridges and buildings, and for human development, such as education, job training and health insurance.

(5)

African Americans were disproportionately battered by the Great Recession and have benefited least from the fragile economic recovery that has followed and continue to lag behind in employment, entrepreneurship, education and homeownership, across all educational levels.

(6)

While the United States economy has emerged from the depths of the Great Recession, employment outcomes remain challenging for African Americans.

(7)

The African American unemployment rate, at 6.9 percent, remains nearly twice the White unemployment rate of 3.6 percent, a situation which has been true for nearly as long as unemployment statistics have been recorded (since around the time of the Great Depression).

(8)

Unemployment remains particularly acute among African American youth between the ages of 16 and 19. As of March 2018, the Bureau of Labor Statistics reported that the Black youth unemployment rate of those ages is 27.9 percent compared with 10.7 percent for White youth of this age. This dramatizes the tremendous employment challenges faced by African American youth who live in urban communities.

(9)

Although Census Data shows that Black-owned businesses are growing in number at a faster rate than for any other group, they have failed to realize their full economic potential.

(10)

According to the Kauffman Foundation’s calculations from the U.S. Census Annual Survey of Entrepreneurs, while the average size of mature, non-minority-owned businesses is $2,300,000 in annual revenue when they have been in business 11 to 15 years, the average size of minority-owned businesses is only $1,600,000 at the same age. Minorities own half as many businesses as non-minorities. The conclusion Kauffman draws: minority-owned businesses start smaller and stay smaller.

(11)

Studies show that lifetime earnings go up for American adults with each level of educational attainment.

(12)

According to the National Center for Education Statistics (NCES), in 2014 the median earnings of young adults with a bachelor’s degree ($49,900) were 66 percent higher than the median earnings of young adult high school completers ($30,000). The median earnings of young adult high school completers were 20 percent higher than the median earnings of those without a high school credential ($25,000). Today, median lifetime earnings for those with a bachelor’s degree are $2,300,000 or 74 percent more than those with just a high school diploma.

(13)

Despite overall gains nationally, gaps in college enrollment and completion by race persist. In 2016, college enrollment for White students was 71 percent, which was a six percent increase from 2000. From 2000 to 2015, enrollment of Black students went from 30.5 percent to 34.9 percent, and enrollment of Latino students went from 21.7 percent to 36.6 percent. Nationally, over two-thirds of all Asian and White students complete college within six years compared to less than half of all Black and Latino students.

(14)

America’s public school population is majority minority and in 2044, the United States is expected to be a majority-minority nation where Whites will make up less than half of the population. Given this seismic shift in demographics, we must be more intentional about improving college readiness in our nation’s elementary and secondary schools and promoting access and success to post-secondary education for historically underrepresented students.

(15)

Homeownership is the primary means of building equity and passing on wealth from one generation to the next. This is especially true for African Americans, where over 90 percent of wealth is in their homes, according to the Center for Global Policy Solutions.

(16)

Yet, African-American homeowners were three times more likely to be steered into subprime products, even when they qualified for conventional mortgages, in the years leading up to the financial crisis. The foreclosure rate for these loans was 10 times greater than conventional mortgages. Consequently, while the African-American homeownership rate peaked in 2004 at 50 percent, it is currently only 41.2 percent and is projected to decrease to 40 percent by 2030. Reversing this trend is vital to American families, to communities, and to our national economy.

(17)

The United States needs a domestic Mainstream Marshall plan that will combat poverty, promote equality and eliminate racial disparities.

A

Jobs

I

Main Street Marshall Plan

A

In general

1001.

Submission of data relating to diversity by certain contractors

(a)

In general

Chapter 47 of subtitle I of title 41, United States Code, is amended by adding at the end the following new section:

4713.

Submission of data relating to diversity by certain contractors

(a)

Submission of data

In the case of the award of a contract in an amount of $5,000,000 or more to a covered contractor, the head of an executive agency shall require the contractor to submit, not later than 60 days after the award of the contract, the following:

(1)

Data on the racial, ethnic, and gender composition of the board of directors and the C-level executives of the covered contractor.

(2)

Data on the affiliation of any member of the board of directors or any C-level executive to a historically underrepresented group, including veterans of the Armed Forces and individuals with disabilities.

(3)

Any plan or strategy that exists on the date of the submission of data under this subsection to improve the diversity of the board of directors or the C-level executives of the covered contractor.

(b)

Reports

(1)

Quarterly report to General Services Administration

After the end of a calendar quarter, each executive agency shall submit to the Administrator of General Services a report that includes the data submitted by contractors under subsection (a) during the quarter covered.

(2)

Annual report to Congress and Offices of Minority and Women Inclusion

(A)

In general

Not later than February 14 of each calendar year, the Administrator of General Services shall submit to Congress and each Office of Minority and Women Inclusion established under section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5452) an annual report that—

(i)

includes the data submitted to the Administrator under paragraph (1) during the preceding calendar year and the data submitted under section 13(s) of the Securities Exchange Act of 1934;

(ii)

uses the data described in clause (i), as well as information from other reliable sources, to analyze the diversity of the board of directors and the C-level executives of each entity submitting data in comparison to the industry peers of such entity, including any trends and progress related to such diversity; and

(iii)

based on the analysis conducted under clause (ii), lists each entity submitting data that is significantly lagging behind the industry peers of such entity with respect to the diversity of the board of directors and the C-level executives.

(B)

Public availability

The Administrator of General Services shall make publicly available each annual report submitted under subparagraph (A).

(c)

Public comment

After the end of the four-year period beginning on the date of the enactment of this section, and every four years thereafter, the Administrator of General Services shall review the implementation of the requirements of this section and provide an opportunity for public comment on such review.

(d)

Definitions

In this section:

(1)

Covered contractor

The term covered contractor means a for-profit business with annual gross receipts in excess of $1,000,000,000 during the year preceding the submission of a bid or proposal for a contract described in subsection (a).

(2)

C-level executive

The term C-level executive means the most senior executive officer, information officer, technology officer, financial officer, compliance officer, or security officer of a covered contractor.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 47 of such title is amended by inserting after the item relating to section 4712 the following new item:

4713. Submission of data relating to diversity by certain contractors.

.

1002.

Submission of data relating to diversity by issuers

(a)

In general

Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following:

(s)

Submission of data relating to diversity

(1)

Submission of data

Each issuer required to file an annual report under subsection (a) shall disclose in that report, the following:

(A)

Data on the racial, ethnic, and gender composition of the board of directors and the C-level executives of the issuer.

(B)

Data on the affiliation of any member of the board of directors or any C-level executive of the issuer to a historically underrepresented group, including veterans of the Armed Forces and individuals with disabilities.

(C)

Any plan or strategy that exists on the date of the submission of data under this paragraph to improve the diversity of the board of directors or the C-level executives of the issuer.

(2)

C-level executive defined

In this subsection, the term C-level executive means the most senior executive officer, information officer, technology officer, financial officer, compliance officer, or security officer of an issuer.

.

(b)

Corporate governance regulations

Not later than 90 days after the date of the enactment of this Act, the Securities and Exchange Commission shall revise paragraph (v) of section 229.407(c)(2) of title 17, Code of Federal Regulations, to require that when the description described in such paragraph is presented in a proxy or information statement relating to the election of directors, the qualities and skills described in such paragraph, along with the nominee’s gender, race, ethnicity, and affiliation with a historically underrepresented group should be presented in a chart or matrix form.

1003.

Sense of Congress on infrastructure spending

Congress finds the following:

(1)

Our nation’s infrastructure serves as the arteries that move people, goods, and information across our country. A strong infrastructure network is critically important to the growth of our economy and the overall health of each and every American. This is especially true for Americans in low-income and otherwise vulnerable communities struggling to access the rest of the world.

(2)

In the traditional sense, the term infrastructure has been largely understood to include our transportation infrastructure (roads, bridges, rails, airports, ports/waterways), electrical grid, telecommunications (landline phone, cable, satellite), and public buildings. A 21st Century economy demands a broader, more inclusive definition to ensure that we are fully considering all of our infrastructure needs. A newer definition should be expanded to include the following: energy-efficient housing; broadband; educational facilities, including access to traditional universities and community colleges, as well as Historically Black Colleges and Universities; forest roads and sidewalks/bike trails; parks; waste removal and treatment facilities; and programs connecting seniors to their communities.

(3)

Any effort to rebuild our nation’s crumbling infrastructure must include robust federal funding. Privatizing our nation’s infrastructure revitalization would shift the burden to cash-strapped states and cities while leaving out communities with the greatest need: rural and low-income populations. Additionally, states and cities are less likely to take a regional approach to investment, which is critical to ensuring national connectivity. Public-private partnerships (P3s) have limited success funding infrastructure projects. They are more expensive than conventional funding, often limiting competition and creating potential conflicts of interest. P3s would likely only consider projects that can provide a return on investment, as opposed to the broad infrastructure modernization this country desperately needs. Ultimately, private infrastructure investment would only fund a narrow scope of projects and the limited projects fortunate enough to attract private funding would tax the very people they are intended to benefit through tolls and user fees.

(4)

Ensuring long-term investment is equally important to ensuring that investment is backed by robust public funding. Delivering reliable infrastructure requires the certainty and confidence that can only come with long-term funding. Congress needs to do away with short-term extensions and provide long-term authorization and spending measures that will authorize and fund our nation’s highway, public transit, aviation, and water infrastructure programs and projects at levels that are meaningful over the long-term.

(5)

Minority contractors should have the opportunity to rebuild their communities and employ hardworking Americans along the way. Infrastructure investments should be disseminated through a transparent procurement process with aggressive contracting goals for Disadvantaged Business Entities and effective enforcement to root out fraudulent firms. Contractors and subcontractors should have the ability to employ local hiring preferences and subcontractors should receive prompt payment when services are rendered.

(6)

Infrastructure development should be inclusive of underserved segments of the population, such as poor, rural, and elderly communities. Often times, infrastructure planning does not benefit the poorest communities and the infrastructure workforce traditionally lacks gender and racial diversity. A 21st Century economy should not exclude individuals from participation on the basis of demographics, geography, or financial means. Any infrastructure package must include innovative job training and workforce development initiatives to promote a diverse and inclusive labor pool. By ensuring participation from all individuals, we can provide equal opportunity for each and every American to contribute in meaningful ways to both the economy and the communities they call home.

(7)

Climate change and the volatility that is associated with extreme weather events are only expected to worsen over time. More intense storms, rising sea levels, storm surges, and other unusual weather conditions are placing an immense strain on our nation’s infrastructure and the limited resources that we have to build and maintain it. As we plan for the future and conceptualize how we will build up our infrastructure, we need to consider the long-term viability of these projects to ensure that they are resilient to extreme weather.

(8)

A robust transportation network must consider the changing demographics of its users and the subsequent changes in demand. Conventional transportation planning relies heavily on motor vehicle traffic. However, many communities—particularly in urban areas—must now consider pedestrians, cyclists, public transit riders, ridesharing, and other users when evaluating the effectiveness of the transportation ecosystem.

(9)

The development and adoption of autonomous vehicles, positive train control, NextGen, Smart City planning, and other technologies and transportation models is vastly altering the way we conceptualize, plan, and execute transportation policy. The unique challenges that we face as a nation will only grow increasingly more complex as the population grows and the nature of our infrastructure becomes more interconnected. Any infrastructure package must not only address the immediate needs of our crumbling system, but also anticipate the needs of a generation to come.

(10)

Infrastructure impacts every American—regardless of background, economic status, or political affiliation.

1004.

Sense of Congress on infrastructure workforce development

(a)

Findings

Congress finds the following:

(1)

America would need to spend approximately $1.44 trillion over the next 10 years to close the infrastructure gap.

(2)

The infrastructure workforce is aging at a rate where approximately 3,000,000 workers will need to be replaced over the next 10 years, compounding America’s infrastructure crisis.

(3)

Infrastructure jobs include a wide range of employment opportunities in both the public and private sectors, including design, construction, operation, governance, and maintenance of America’s assets.

(4)

Infrastructure jobs provide competitive wages with low barriers to entry, many of which require on-the-job training in lieu of formal higher education.

(5)

In spite of rising income inequality, infrastructure jobs paid approximately 30 percent more to low-income individuals than other occupations between the years of 2005 and 2015.

(6)

In the fourth quarter of 2016, African-Americans and Hispanics between the ages of 25 and 34 had the highest unemployment levels at 8.6 percent and 5.3 percent, respectively.

(7)

The unemployment rate for military veterans serving in conflicts since September 11th, 2001, has remained above the national unemployment rate, with the Federal Reserve of Chicago highlighting how wartime deployment can limit the types of training veterans receive that are transferable to the civilian labor market.

(8)

The Federal government should make concerted efforts, by coordination with State and local governments, workforce development agencies, educational institutions, including Historically Black Colleges and Universities and Hispanic Serving Institutions, to recruit, train, and retain America’s next generation of infrastructure workers to close the workforce gap.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

any infrastructure spending bill enacted during the 115th Congress should include robust investments in workforce development programs that take meaningful actions to recruit and train individuals from communities with high unemployment rates, including African-American communities, Hispanic communities, and American Indian tribal areas;

(2)

any infrastructure spending bill enacted during the 115th Congress should include robust investments in workforce development programs that take meaningful actions to recruit and train unemployed veterans that have served in a conflict since September 11th, 2001; and

(3)

any infrastructure spending bill enacted during the 115th Congress should include meaningful outreach efforts geared toward under-represented contractors, including minority- and women-owned businesses, veteran owned small businesses, service-disabled veteran owned small businesses, and offerors that employ veterans on a full-time basis.

1005.

Qualification of rehabilitation expenditures for public school buildings for rehabilitation credit

(a)

In general

Section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause:

(III)

Clause not to apply to public schools

This clause shall not apply in the case of any building which is a qualified public educational facility (as defined in section 142(k)(1), determined without regard to subparagraph (B) thereof) and used as such during some period before such expenditure and used as such immediately after such expenditure.

.

(b)

Report

Not later than the date which is 5 years after the date of the enactment of this Act, the Secretary of the Treasury, after consultation with the heads of appropriate Federal agencies, shall report to Congress on the effects resulting from the amendment made by subsection (a).

(c)

Effective date

The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.

1006.

Supplemental appropriation for the drinking water State revolving funds

(a)

In general

There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2018 for Environmental Protection Agency—State and Tribal Assistance Grants for an additional amount for capitalization grants under section 1452 of the Safe Drinking Water Act in accordance with the provisions under this account in title VII of division A of Public Law 111–5, $7,500,000,000, to remain available through September 30, 2022.

(b)

Budgetary treatment

The amount appropriated under subsection (a)—

(1)

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress; and

(2)

shall be exempt from sequestration under such Act.

1007.

Highway projects

Section 112 of title 23, United States Code, is amended by adding at the end the following:

(h)

Local hiring

(1)

In general

Notwithstanding any other provision of law, a State may establish local hiring bid specifications or consider the hiring of local workers in the evaluation of bids and proposals for a project under this title.

(2)

Definition

For purposes of this subsection, the term local means the geographic boundaries of a local area, as defined by the contracting agency, in which the project is located.

.

1008.

Public transportation projects

Section 5325 of title 49, United States Code, is amended by adding at the end the following:

(l)

Local hiring

(1)

In general

Notwithstanding any other provision of law, a recipient of assistance under this chapter may establish local hiring bid specifications or consider local hiring in the evaluation of bids and proposals for a project under this chapter.

(2)

Definition

For purposes of this subsection, the term local means the geographic boundaries of a local area, as defined by the contracting agency, in which the project is located.

.

1009.

Establishment of performance measures for transportation accessibility

(a)

Connectivity and accessibility performance measures

Section 150 of title 23, United States Code, is amended—

(1)

in subsection (c) by adding at the end the following:

(7)

Multimodal transportation connectivity and accessibility

(A)

In general

Not later than 6 years after the date of enactment of this paragraph, the Secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for States and metropolitan planning organizations to use to assess the connectivity and accessibility of roadways, public transit infrastructure, pedestrian and bikeway infrastructure, and other transportation infrastructure.

(B)

Content

The performance measures required under subparagraph (A) shall include measures to assess—

(i)

with respect to the general population serviced by a transportation system—

(I)

the change in cumulative access to employment opportunities;

(II)

multi-modal choice and enhanced interconnections among modes to—

(aa)

offer variety of choice between and among modes;

(bb)

provide accessible and reliable transportation for all users; and

(cc)

encourage travel demand management; and

(III)

such other areas the Secretary considers appropriate; and

(ii)

with respect to disadvantaged populations serviced by a transportation system—

(I)

transportation accessibility for disadvantaged populations;

(II)

change in cumulative job accessibility for disadvantaged populations; and

(III)

such other areas the Secretary considers appropriate.

(C)

Disadvantaged population defined

In this paragraph, the term disadvantaged population means a low-income or minority population, or people with disabilities, as determined by the Secretary.

; and

(2)

in subsection (d) by striking and (6) and inserting (6), and (7).

(b)

Title 23 metropolitan planning coordination

Section 134(h)(2)(B) of title 23, United States Code, is amended by adding at the end the following:

(iii)

Multimodal transportation accessibility performance targets

Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State and providers of public transportation to ensure consistency with section 150(c)(7).

.

(c)

Title 49 metropolitan planning coordination

Section 5303(h)(2)(B) of title 49, United States Code, is amended by adding at the end the following:

(iii)

Multimodal transportation accessibility performance targets

Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with the relevant State and providers of public transportation to ensure consistency with section 150(c)(7) of title 23.

.

1010.

Supplemental appropriation for TIGER discretionary grant program

(a)

In general

There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2018 for Department of Transportation—Office of the Secretary—National Infrastructure Investments for an additional amount in accordance with the provisions under this account in title I of division K of Public Law 115–31, $7,500,000,000, to remain available through September 30, 2022.

(b)

Budgetary treatment

The amount appropriated under subsection (a)—

(1)

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress; and

(2)

shall be exempt from sequestration under such Act.

1011.

Definitions

In this Act:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

(2)

Bureau-funded school

The term Bureau-funded school has the meaning given to the term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).

(3)

Covered funds

The term covered funds means funds received—

(A)

under title I of this Act; or

(B)

from a school infrastructure bond.

(4)

ESEA Terms

The terms elementary school, local educational agency, outlying area, and secondary school have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act 1965 (20 U.S.C. 7801).

(5)

Public school facilities

The term public school facilities means the facilities of a public elementary school or a public secondary school.

(6)

Qualified local educational agency

The term qualified local educational agency means a local educational agency that receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(7)

School infrastructure bond

The term school infrastructure bond means a bond designated by the issuer as a school infrastructure bond under section 54BB of the Internal Revenue Code of 1986 (as added by section 201).

(8)

Secretary

The term Secretary means the Secretary of Education.

(9)

State

The term State means each of the 50 States and the District of Columbia.

1012.

Purpose and reservation

(a)

Purpose

Funds made available under this title shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this Act.

(b)

Reservation for outlying areas, Puerto Rico, and bureau-Funded schools

(1)

In general

For each of fiscal years 2018 through 2020, the Secretary shall reserve, from the amount appropriated to carry out this title—

(A)

one-half of 1 percent, to provide assistance to the outlying areas;

(B)

one-half of 1 percent, to provide assistance to the Commonwealth of Puerto Rico; and

(C)

one-half of 1 percent, for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.

(2)

Use of reserved funds

Sections 301 through 304 shall apply to the use of funds reserved under paragraph (1).

1013.

Allocation to States

(a)

Allocation to states

(1)

State-by-state allocation

Of the amount appropriated to carry out this title for each fiscal year and not reserved under section 101(b), each State that has a plan approved by the Secretary under subsection (b) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total such amount received by all local educational agencies in every State that has a plan approved by the Secretary under subsection (b).

(2)

State reservation

A State may reserve not more than 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this Act, which shall include—

(A)

providing technical assistance to local educational agencies, including by—

(i)

identifying which State agencies have programs, resources, and expertise relevant to the activities supported by the allocation under this section; and

(ii)

coordinating the provision of technical assistance across such agencies;

(B)

in accordance with the guidance issued by the Secretary under section 307, developing an online, publicly searchable database that contains an inventory of all public school facilities infrastructure in the State (including the facilities of Bureau-funded schools, as appropriate), including, with respect to each such facility, an identification of—

(i)

the information described in clauses (i) through (vi) of subparagraph (F);

(ii)

the age (including an identification of the date of any retrofits or recent renovations) of—

(I)

the facility;

(II)

its roof;

(III)

its lighting system;

(IV)

its windows;

(V)

its ceilings;

(VI)

its plumbing; and

(VII)

its heating, ventilation, and air conditioning system;

(iii)

fire safety inspection results; and

(iv)

the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters, including the extent to which facilities that are vulnerable to natural disasters are seismically retrofitted;

(C)

updating the database developed under subparagraph (B) not less frequently than once every 2 years;

(D)

ensuring that the information in the database developed under subparagraph (B)—

(i)

is posted on a publicly accessible website of the State; and

(ii)

is regularly distributed to local educational agencies and Tribal governments in the State;

(E)

issuing or reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects; and

(F)

issuing or reviewing regulations to ensure safe, healthy, and high-performing school buildings, including regulations governing—

(i)

indoor air quality and ventilation, including exposure to carbon monoxide and carbon dioxide;

(ii)

mold, mildew, and moisture control;

(iii)

the safety of drinking water at the tap and water used for meal preparation, including regulations that—

(I)

address presence of lead and other contaminants in such water; and

(II)

require the regular testing of the potability of water at the tap;

(iv)

energy and water efficiency;

(v)

excessive classroom noise; and

(vi)

the levels of maintenance work, operational spending, and capital investment needed to maintain the quality of public school facilities; and

(G)

creating a plan to reduce or eliminate exposure to toxins and chemicals, including mercury, radon, PCBs, lead, vapor intrusions, and asbestos.

(b)

State plan

(1)

In general

To be eligible to receive an allocation under this section, a State shall submit to the Secretary a plan that—

(A)

describes how the State will use the allocation to make long-term improvements to public school facilities;

(B)

explains how the State will carry out each of its responsibilities under subsection (a)(2);

(C)

explains how the State will make the determinations under subsections (b) and (c) of section 103;

(D)

identifies how long, and at what levels, the State will maintain fiscal effort for the activities supported by the allocation after the State no longer receives the allocation; and

(E)

includes such other information as the Secretary may require.

(2)

Approval and disapproval

The Secretary shall have the authority to approve or disapprove a State plan submitted under paragraph (1).

(c)

Conditions

As a condition of receiving an allocation under this section, a State shall agree to the following:

(1)

Matching requirement

The State shall contribute, from non-Federal sources, an amount equal to 10 percent of the amount of the allocation received under this section to carry out the activities supported by the allocation.

(2)

Maintenance of effort

The State shall provide an assurance to the Secretary that the combined fiscal effort per student or the aggregate expenditures of the State with respect to the activities supported by the allocation under this section for fiscal years beginning with the fiscal year for which the allocation is received will be not less than 90 percent of the combined fiscal effort or aggregate expenditures by the State for such purposes for the year preceding the fiscal year for which the allocation is received.

(3)

Supplement not supplant

The State shall use an allocation under this section only to supplement the level of Federal, State, and local public funds that would, in absence of such allocation, be made available for the activities supported by the allocation, and not to supplant such funds.

1014.

Need-based grants to qualified local educational agencies

(a)

Grants to local educational agencies

(1)

In general

Subject to paragraph (2), from the amounts allocated to a State under section 102(a) and contributed by the State under section 102(c)(1), the State shall award grants to qualified local educational agencies, on a competitive basis, to carry out the activities described in section 301(a).

(2)

Allowance for digital learning

A State may use up to 10 percent of the amount described in paragraph (1) to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section 301(b).

(b)

Eligibility

To be eligible to receive a grant under this section a qualified local educational agency—

(1)

shall be among the local educational agencies in the State—

(A)

with the greatest need to improve public school facilities, as determined by the State, which may include consideration of threats posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters;

(B)

with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and

(C)

with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of—

(i)

the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools;

(ii)

whether the agency has been able to issue bonds or receive other funds to support construction projects, including—

(I)

qualified school construction bonds under section 54F of the Internal Revenue Code of 1986;

(II)

qualified zone academy bonds under section 1397E of the Internal Revenue Code of 1986;

(III)

school infrastructure bonds under section 54BB of the Internal Revenue Code of 1986 (as added by section 201); and

(IV)

funds made available under 7007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707); and

(iii)

the bond rating of the agency; and

(2)

shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency.

(c)

Priority of grants

In awarding grants under this section, the State shall give priority to local educational agencies that—

(1)

demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b);

(2)

will use the grant to improve the facilities of—

(A)

elementary schools or middle schools that have an enrollment of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) that constitutes not less than 40 percent of the total student enrollment at such schools; or

(B)

high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such Act that constitutes not less than 30 percent of the total student enrollment at such schools (which may be calculated using comparable data from the schools that feed into the high school);

(3)

operate public school facilities that pose a severe health and safety threat to students and staff, which may include a threat posed by the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters; and

(4)

serve elementary schools or secondary schools that lack access to high-speed broadband sufficient to support digital learning (only in the case of an agency that will use the grant improve such access in accordance with section 301(b)).

(d)

Application

To be considered for a grant under this section, a qualified local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include, at minimum—

(1)

the information necessary for the State to make the determinations under subsections (b) and (c);

(2)

a description of the projects that the agency plans to carry out with the grant; and

(3)

an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency.

(e)

Facilities master plan

(1)

Plan required

Not later than 180 days after receiving a grant under this section, a qualified local educational agency shall submit to the State a comprehensive 10-year facilities master plan.

(2)

Elements

The facilities master plan required under paragraph (1) shall include, with respect to all public school facilities of the agency, a description of—

(A)

the extent to which public school facilities meet students’ educational needs and support the agency’s educational mission and vision;

(B)

the physical condition of the public school facilities;

(C)

the current health, safety, and environmental conditions of the public school facilities, including—

(i)

indoor air quality;

(ii)

the presence of hazardous and toxic substances and chemicals;

(iii)

the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water;

(iv)

energy and water efficiency;

(v)

excessive classroom noise; and

(vi)

other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students;

(D)

how the local educational agency will address any conditions identified under subparagraph (C);

(E)

the impact of current and future student enrollment levels on the design of current and future public school facilities, as well as the financial implications of such enrollment levels; and

(F)

the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects as well as maintenance and operations related to maintaining public school facilities.

(3)

Consultation

In developing the facilities master plan required under paragraph (1), the qualified local educational agency shall consult with teachers, principals and other school leaders, custodial and maintenance staff, emergency first responders, school facilities directors, students and families, community residents, and Indian Tribes and Tribal organizations (as applicable).

(f)

Supplement not supplant

A qualified local educational agency shall use an allocation received under this section only to supplement the level of Federal, State, and local public funds that would, in the absence of such allocation, be made available for the activities supported by the allocation, and not to supplant such funds.

1015.

Annual report on grant program

(a)

In general

Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this title.

(b)

Elements

The report under paragraph (1) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following:

(1)

An identification of each local educational agency that received a grant under this title.

(2)

With respect to each such agency, a description of—

(A)

the demographic composition of the student population served by the agency, disaggregated by—

(i)

race;

(ii)

the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and

(iii)

the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

(B)

the population density of the geographic area served by the agency;

(C)

the projects for which the agency used the grant received under this title;

(D)

the demonstrable or expected benefits of the projects; and

(E)

the estimated number of jobs created by the projects.

(3)

The total dollar amount of all grants received by local educational agencies under this title.

(c)

LEA information collection

A local educational agency that receives a grant under this title shall—

(1)

annually compile the information described in subsection (b)(2);

(2)

make the information available to the public, including by posting the information on a publicly accessible website of the Agency; and

(3)

submit the information to the State.

(d)

State information distribution

A State that receives information from a local educational agency under subsection (c) shall—

(1)

compile the information and report it annually to the Secretary at such time and in such manner as the Secretary may require;

(2)

make the information available to the public, including by posting the information on a publicly accessible website of the State; and

(3)

regularly distribute the information to local educational agencies and Tribal governments in the State.

1016.

Authorization of appropriations

There are authorized to be appropriated $7,000,000,000 for each of fiscal years 2018 through 2027 to carry out this title.

1017.

School infrastructure bonds

(a)

In general

The Internal Revenue Code of 1986 is amended by adding after section 54AA the following new section:

54BB.

School infrastructure bonds

(a)

In general

If a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates.

(b)

Amount of credit

The amount of the credit determined under this subsection with respect to any interest payment date for a school infrastructure bond is 100 percent of the amount of interest payable by the issuer with respect to such date.

(c)

Limitation Based on Amount of Tax

(1)

In general

The credit allowed under subsection (a) for any taxable year shall not exceed the excess of—

(A)

the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over

(B)

the sum of the credits allowable under this part (other than subpart C and this subpart).

(2)

Carryover of unused credit

If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year).

(d)

School infrastructure bond

(1)

In general

For purposes of this section, the term school infrastructure bond means any bond issued as part of an issue if—

(A)

100 percent of the available project proceeds of such issue are to be used for the purposes described in section 301 of the Jobs and Justice Act of 2018,

(B)

the interest on such obligation would (but for this section) be excludable from gross income under section 103,

(C)

the issue meets the requirements of paragraph (3), and

(D)

the issuer designates such bond for purposes of this section.

(2)

Applicable rules

For purposes of applying paragraph (1)—

(A)

for purposes of section 149(b), a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection (a) or section 6431,

(B)

for purposes of section 148, the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection (a), and

(C)

a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond.

(3)

6-year expenditure period

(A)

In general

An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in section 301 of the Jobs and Justice Act of 2018 within the 6-year period beginning on such date of issuance.

(B)

Failure to spend required amount of bond proceeds within 6 years

To the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142.

(e)

Limitation on amount of bonds designated

The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d) by any issuer shall not exceed the limitation amount allocated under subsection (g) for such calendar year to such issuer.

(f)

National limitation on amount of bonds designated

The national qualified school infrastructure bond limitation for each calendar year is—

(1)

$10,000,000,000 for 2018,

(2)

$10,000,000,000 for 2019, and

(3)

$10,000,000,000 for 2020.

(g)

Allocation of limitation

(1)

Allocation among States

(A)

Except as provided in paragraph (2), the limitation applicable under subsection (f) for any calendar year shall be allocated by the Secretary among the States in proportion to the respective amounts received by all local educational agencies in each State under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total such amount received by all local educational agencies in for the most recent fiscal year ending before such calendar year.

(B)

Subject to subparagraph (C), the limitation amount allocated to a State under subparagraph (A) shall be allocated by the State educational agency (or such other agency as is authorized under State law to make such allocation) to issuers within such State in accordance with the priorities described in section 103(c) the of the Jobs and Justice Act of 2018 (as in effect on the date of the enactment of this section) and the eligibility requirements described in section 103(b) of such Act, except that paragraph (1)(C) of such section shall not apply to the determination of eligibility for such allocation.

(C)

Up to 10 percent of the limitation amount allocated to a State under subparagraph (A) may be allocated by the State to issuers within such State to carry out activities to improve digital learning in accordance with section 301(b) of the Jobs and Justice Act of 2018 (as in effect on the date of the enactment of this section).

(2)

Allocations to certain possessions

The amount to be allocated under paragraph (1) to possessions of the United States other than Puerto Rico for a calendar year shall be one-half of 1 percent of national qualified school infrastructure bond limitation for such year. In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph and paragraph (3).

(3)

Allocations for Indian schools

The amount to be allocated under paragraph (1) to the Secretary of the Interior for schools funded by the Bureau of Indian Affairs for a calendar year shall be one-half of 1 percent of national qualified school infrastructure bond limitation for such year. Notwithstanding any other provision of law, in the case of amounts allocated under the preceding sentence, Indian tribal governments (as defined in section 7701(a)(40)) shall be treated as qualified issuers for purposes of this subchapter.

(h)

Interest Payment Date

For purposes of this section, the term interest payment date means any date on which the holder of record of the school infrastructure bond is entitled to a payment of interest under such bond.

(i)

Special Rules

(1)

Interest on school infrastructure bonds includible in gross income for federal income tax purposes

For purposes of this title, interest on any school infrastructure bond shall be includible in gross income.

(2)

Application of certain rules

Rules similar to the rules of subsections (f), (g), (h), and (i) of section 54A shall apply for purposes of the credit allowed under subsection (a).

(3)

Application of certain labor standards

Notwithstanding any other provision of law, a school infrastructure bond shall be treated as a qualified school construction bond for purposes of the application of section 1601 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 26 U.S.C. 54C note.).

.

(b)

Clerical amendments

(1)

The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by amending the item related to subpart J to read as follows:

Subpart J—Certain infrastructure bonds

.

(2)

The table of chapters for subpart J of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 54BB. School infrastructure bonds.

.

(c)

Transitional Coordination With State Law

Except as otherwise provided by a State after the date of the enactment of this Act, the interest on any school infrastructure bond (as defined in section 54BB of the Internal Revenue Code of 1986, as added by this section) and the amount of any credit determined under such section with respect to such bond shall be treated for purposes of the income tax laws of such State as being exempt from Federal income tax.

(d)

Credit for qualified bonds allowed to issuer

Paragraph (3) of section 6431(f) of such Code is amended by inserting any school infrastructure bond (as defined in section 54BB) or before any qualified tax credit bond.

(e)

Sequestration

Subparagraph (A) of section 255(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding before Postal Service Fund the following: Payments under section 54BB of the Internal Revenue Code of 1986.

(f)

Effective Date

The amendments made by this section shall apply to obligations issued after December 31, 2017.

1018.

Expansion of qualified zone academy bonds

(a)

Construction of a public school facility

Subparagraph (A) of section 54E(d)(3) of the Internal Revenue Code of 1986 is amended by striking rehabilitating or repairing and inserting constructing, rehabilitating, retrofitting, or repairing.

(b)

Removal of private business contribution requirement

Section 54E of the Internal Revenue Code of 1986 is amended—

(1)

in subsection (a)(3)—

(A)

in subparagraph (A), by inserting and at the end; and

(B)

by striking subparagraph (B);

(2)

by striking subsection (b); and

(3)

in paragraph (1) of subsection (c)—

(A)

by striking and $400,000,0000 and inserting $400,000,000; and

(B)

by striking and, except as provided and all that follows through the period at the end and inserting , and $1,400,000,000 for 2018 and each year thereafter..

(c)

Effective date

The amendments made by this section shall apply to obligations issued after December 31, 2017.

1019.

Annual report on bond program

(a)

In general

Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the school infrastructure bond program.

(b)

Elements

The report under paragraph (1) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following:

(1)

An identification of—

(A)

each local educational agency that received funds from a school infrastructure bond; and

(B)

each local educational agency that was eligible to receive such funds—

(i)

but did not receive such funds; or

(ii)

received less than the maximum amount of funds for which the agency was eligible.

(2)

With respect to each local educational agency described in paragraph (1)—

(A)

an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities, as determined by an assessment of—

(i)

the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools, including the ability of the agency to raise funds through imposition of property taxes;

(ii)

whether the agency has been able to issue bonds to fund construction projects, including such bonds as—

(I)

qualified school construction bonds under section 54F of the Internal Revenue Code of 1986;

(II)

qualified zone academy bonds under section 1397E of the Internal Revenue Code of 1986; and

(III)

school infrastructure bonds; and

(iii)

the bond rating of the agency;

(B)

the demographic composition of the student population served by the agency, disaggregated by—

(i)

race;

(ii)

the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and

(iii)

the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);

(C)

the population density of the geographic area served by the agency;

(D)

a description of the projects carried out with funds received from school infrastructure bonds;

(E)

a description of the demonstrable or expected benefits of the projects; and

(F)

the estimated number of jobs created by the projects.

(3)

The total dollar amount of all funds received by local educational agencies from school infrastructure bonds.

(4)

Any other factors that the Secretary determines to be appropriate.

(c)

Information collection

A State or local educational agency that receives funds from a school infrastructure bond shall—

(1)

annually compile the information necessary for the Secretary to determine the elements described in subsection (b); and

(2)

report the information to the Secretary at such time and in such manner as the Secretary may require.

1020.

Allowable uses of funds

(a)

In general

Except as provided in section 302, a local educational agency that receives covered funds may use such funds to—

(1)

develop the facilities master plan required under section 103(e);

(2)

construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to natural disasters;

(3)

carry out major repairs of public school facilities;

(4)

install furniture or fixtures with at least a 10-year life in public school facilities;

(5)

construct new public school facilities;

(6)

acquire and prepare sites on which new public school facilities will be constructed;

(7)

extend the life of basic systems and components of public school facilities;

(8)

reduce current or anticipated overcrowding in public school facilities;

(9)

ensure the building envelopes of public school facilities are structurally sound, secure, and protects occupants and interiors from the elements;

(10)

improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities;

(11)

improve indoor air quality in public school facilities;

(12)

reduce or eliminate the presence of—

(A)

toxins and chemicals, including mercury, radon, PCBs, lead, and asbestos;

(B)

mold and mildew; or

(C)

rodents and pests;

(13)

ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants;

(14)

bring public school facilities into compliance with applicable fire, health, and safety codes;

(15)

make public school facilities accessible to people with disabilities through compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

(16)

provide instructional program space improvements for programs relating to early learning (including early learning programs operated by partners of the agency), special education, science, technology, career and technical education, physical education, or the arts;

(17)

increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services;

(18)

ensure the health of students and staff during the construction or modernization of public school facilities; or

(19)

reduce or eliminate excessive classroom noise.

(b)

Allowance for digital learning

A local educational agency may use funds received under section 103(a)(2) or proceeds from a school infrastructure bond limitation allocated under section 54BB(g)(1)(C) of the Internal Revenue Code of 1986 (as added by section 201) to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning.

1021.

Prohibited uses

A local educational agency that receives covered funds may not use such funds for—

(1)

payment of routine and predictable maintenance costs and minor repairs;

(2)

any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;

(3)

vehicles;

(4)

central offices, operation centers, or other facilities that are not primarily used to educate students; or

(5)

digital infrastructure or handheld digital devices.

1022.

Green practices

(a)

In general

In a given fiscal year, a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage (as described in subsection (b)) of the funds used for such project for construction or renovation that is certified, verified, or consistent with any applicable provisions of—

(1)

the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard (commonly known as the LEED Green Building Rating System);

(2)

the Living Building Challenge developed by the International Living Future Institute;

(3)

a green building rating program developed by the Collaborative for High-Performance Schools (commonly known as CHPS) that is CHPS-verified;

(4)

a program that—

(A)

has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (3);

(B)

is adopted by the State or another jurisdiction with authority over the agency; and

(C)

includes a verifiable method to demonstrate compliance with such program.

(b)

Applicable percentage

The applicable percentage described in this subsection is—

(1)

for fiscal year 2018, 60 percent;

(2)

for fiscal year 2019, 70 percent;

(3)

for fiscal year 2020; 80 percent;

(4)

for fiscal year 2021, 90 percent; and

(5)

for each of fiscal years 2022 through 2027, 100 percent.

1023.

Use of American iron, steel, and manufactured products

(a)

In general

A local educational agency that receives covered funds shall ensure that any iron, steel, and manufactured products used in projects carried out with such funds are produced in the United States.

(b)

Waiver authority

(1)

In general

The Secretary may waive the requirement of subsection (a) if the Secretary determines that—

(A)

applying subsection (a) would be inconsistent with the public interest;

(B)

iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; or

(C)

using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent.

(2)

Publication

Before issuing a waiver under paragraph (1), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination.

(c)

Consistency with international agreements

This section shall be applied in a manner consistent with the obligations of the United States under international agreements.

(d)

Definitions

In this section:

(1)

Produced in the United States

The term produced in the United States means the following:

(A)

When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of such product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product.

(B)

When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for such iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States. Except that the term does not include—

(i)

steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and

(ii)

or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin.

(2)

Manufactured product

The term manufactured product means any construction material or end product (as such terms are defined in part 25.003 of the Federal Acquisition Regulation) that is not an iron or steel product, including—

(A)

electrical components; and

(B)

non-ferrous building materials, including, aluminum and polyvinylchloride (PVC), glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material.

1024.

Comptroller General report

(a)

In general

Not later than the date that is 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the projects carried out with covered funds.

(b)

Elements

The report under subsection (a) shall include an assessment of—

(1)

the types of projects carried out with covered funds;

(2)

the geographic distribution of the projects;

(3)

an assessment of the impact of the projects on the health and safety of school staff and students; and

(4)

how the Secretary or States could make covered funds more accessible—

(A)

to schools with highest numbers and percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and

(B)

to schools with fiscal challenges in raising capital for school infrastructure projects.

(c)

Updates

The Comptroller General shall update and resubmit the report to the appropriate congressional committees—

(1)

on a date that is between 5 and 6 years after the date of enactment of this Act; and

(2)

on a date that is between 10 and 11 years after such date of enactment.

1025.

Study and report physical condition of public schools

(a)

Study and report

Not less frequently than once in each 5-year period beginning after the date of the enactment of this Act, the Secretary, acting through the Director of the Institute of Education Sciences, shall—

(1)

carry out a comprehensive study of the physical conditions of public schools in the United States, including schools that received covered funds schools that did not receive such funds; and

(2)

submit a report to the appropriate congressional committees that includes that results of the study.

(b)

Elements

Each study and report under subsection (a) shall include an assessment of—

(1)

the effect of school facility conditions on student and staff health and safety;

(2)

the effect of school facility conditions on student academic outcomes;

(3)

the condition of school facilities, set forth separately by geographic region;

(4)

the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups; and

(5)

the accessibility of school facilities for students and staff with disabilities.

1026.

Development of data standards

(a)

Data standards

Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the officials described in subsection (b), shall—

(1)

identify the data that States should collect and include in the databases developed under section 102(a)(2)(B);

(2)

develop standards for the measurement of such data; and

(3)

issue guidance to States concerning the collection and measurement of such data.

(b)

Officials

The officials described in this subsection are—

(1)

the Administrator of the Environmental Protection Agency;

(2)

the Secretary of Energy;

(3)

the Director of the Centers for Disease Control and Prevention; and

(4)

the Director of the National Institute for Occupational Safety and Health.

1027.

Information clearinghouse

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary shall establish a clearinghouse to disseminate information on Federal programs and financing mechanisms that may be used to assist schools in initiating, developing, and financing—

(1)

energy efficiency projects;

(2)

distributed generation projects; and

(3)

energy retrofitting projects.

(b)

Elements

In carrying out subsection (a), the Secretary shall—

(1)

consult with the officials described in section 307(b) to develop a list of Federal programs and financing mechanisms to be included in the clearinghouse; and

(2)

coordinate with such officials to develop a collaborative education and outreach effort to streamline communications and promote the Federal programs and financing mechanisms included in the clearinghouse, which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance that may be used by States, local education agencies, and schools to effectively access and use such Federal programs and financing mechanisms.

1028.

Temporary increase in funding for impact aid construction

Section 7014(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(d)) is amended to read as follows:

(d)

Construction

For the purpose of carrying out section 7007, there are authorized to be appropriated—

(1)

$17,406,000 for fiscal year 2017;

(2)

$50,406,000 for each of fiscal years 2018 and 2019; and

(3)

$52,756,765 for fiscal year 2020.

.

B

Building Resiliency

1201.

Definitions

For purposes of this subtitle, the following definitions shall apply:

(1)

Eligible entity

The term eligible entity means—

(A)

a State;

(B)

a unit of general local government;

(C)

an Indian tribe; or

(D)

a regional entity comprised of entities described in subparagraph (A), (B), or (C).

(2)

National center

The term National Center means the National Research Center for Resilience established under section 143.

(3)

Resilience

The term resilience means the ability to prepare and plan for, absorb, recover from, and more successfully adapt to disasters, chronic stresses, and acute shocks, including any hurricane, tornado, storm, high water, recurrent flooding, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, fire, landslide, mudslide, snowstorm, or drought.

(4)

Resilience grant

The term resilience grant means a grant awarded under section 142.

(5)

Secretary

The term Secretary means the Secretary of Housing and Urban Development.

(6)

State; unit of general local government; Indian tribe

The terms State, unit of general local government, and Indian tribe have the meanings given such terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302).

1202.

Community Resilience Grant Program

(a)

Authority

The Secretary of Housing and Urban Development shall carry out a Community Resilience Grant Program under this section to provide assistance to communities for increasing resilience to chronic stresses and acute shocks, including improving long-term resilience of infrastructure and housing.

(b)

Grantees

Grant amounts shall be awarded on a competitive basis, as provided under section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible entities, within whose boundaries or jurisdictions are located any area for which a major disaster was declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), during the 5-year period ending upon the date on which the eligible entity submits an application for such a grant.

(c)

Eligible activities

(1)

In general

Amounts from a resilience grant may be used only for activities authorized under either section 105 or 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5305, 5308), but not including activities under paragraphs (9) and (10) of such section 105(a).

(2)

Consultation

The Secretary shall consult with the Administrator of the Federal Emergency Management Agency, the Chief of Engineers and Commanding General of the United States Army Corps of Engineers, the Administrator of the Environmental Protection Agency, and the Secretary of Transportation before awarding a resilience grant to ensure that there is no duplication of assistance with respect to activities carried out with amounts provided from a resilience grant.

(d)

Matching requirement

(1)

In general

The Secretary shall require each recipient of a resilience grant to supplement the amounts of the grant with an amount of funds from non-Federal sources that is not less than 50 percent of the amount of the resilience grant.

(2)

Form of non-Federal share

Supplemental funds provided under paragraph (1) may include any non-monetary, in-kind contributions in connection with activities carried out under the plan approved under subsection (e) for the grant recipient.

(e)

Application; selection; selection criteria; plans

(1)

Applications

(A)

Requirement

The Secretary shall provide for eligible entities to submit applications for resilience grants.

(B)

Plans for use of grant funds

The Secretary shall require each application for a resilience grant to include a plan detailing the proposed use of all grant funds, including how the use of such funds will address long-term resilience of infrastructure and housing.

(2)

Review and selection; criteria for selection

(A)

Competition

Resilience grants shall be awarded on a competitive basis and the Secretary shall establish and utilize a transparent, reliable, and valid system for reviewing and evaluating applications for resilience grants, in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).

(B)

Criteria

The Secretary shall establish, by notice, and utilize criteria for selecting applications to be funded under this section, which shall—

(i)

be based primarily on a determination of greatest need, as such term is defined by the Secretary;

(ii)

provide due consideration to other enumerated factors, including the ability of the plan for use of grant funds required under paragraph (1)(B) to increase an applicant's resilience, and the capacity of the applicant to successfully implement the activities described in such plan;

(iii)

provide that the Secretary shall consider that an application that includes a plan for use of grant funds that consists of a resilience or mitigation plan previously approved by another Federal agency, including a hazard mitigation plan developed under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165), shall be sufficient for purposes of paragraph (1)(B) if, together with such plan, the applicant includes a detailed description regarding use of all grant funds provided under this section;

(iv)

give consideration to the need for resilience grants to be awarded to eligible entities in each region of the United States; and

(v)

give consideration to applicants whose plans submitted under paragraph (1)(B) propose innovative approaches to increasing community resilience to extreme weather, including increasing long-term resilience of infrastructure and housing and economic resilience.

(f)

Administration; treatment as CDBG funds

Except as otherwise provided by this subtitle, amounts appropriated, revenues generated, or amounts otherwise made available to eligible entities under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

(g)

Environmental reviews

(1)

Assumption of responsibilities

(A)

In general

In order to ensure that the policies of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other provisions of law which further the purposes of such Act (as specified in regulations issued by the Secretary) are most effectively implemented in connection with the expenditure of funds under this section, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to recipients of resilience grants who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act, and such other provisions of law as the regulations of the Secretary specify, that would apply to the Secretary were the Secretary to undertake such projects as Federal projects.

(B)

Consultation

The Secretary shall issue regulations to carry out this paragraph only after consultation with the Council on Environmental Quality.

(2)

Submission of certification

(A)

In general

The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, at least 15 days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section 105(a)(12) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(12)), or for environmental studies, the recipient of a resilience grant has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of paragraph (3).

(B)

Satisfaction of environmental laws

The Secretary's approval of any such certification shall be deemed to satisfy the Secretary’s responsibilities under the National Environmental Policy Act of 1969 and such other provisions of law as the regulations of the Secretary specify insofar as those responsibilities relate to the releases of funds for projects to be carried out pursuant thereto which are covered by such certification.

(3)

Requirements of certification

A certification under the procedures authorized by this subsection shall—

(A)

be in a form acceptable to the Secretary;

(B)

be executed by the chief executive officer or other officer of the recipient of a resilience grant who is qualified under regulations of the Secretary;

(C)

specify that the recipient of the resilience grant has fully carried out its responsibilities as described under paragraph (1) of this subsection; and

(D)

specify that the certifying officer—

(i)

consents to assume the status of a responsible Federal official under the National Environmental Policy Act of 1969 and each provision of law specified in regulations issued by the Secretary insofar as the provisions of such Act or other such provision of law apply pursuant to paragraph (1) of this subsection; and

(ii)

is authorized and consents on behalf of the recipient of the resilience grant and the certifying office to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official.

(4)

Grants to States

In the case of a resilience grant made to a State—

(A)

the State shall perform those actions of the Secretary described in paragraph (2); and

(B)

the performance of such actions shall be deemed to satisfy the Secretary's responsibilities referred to in subparagraph (B) of such paragraph.

(5)

Implementation

The Secretary shall implement this subsection in a manner consistent with the implementation of section 104(g) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)).

1203.

National Research Center for Resilience

(a)

Establishment

The Secretary, acting through the Office of Policy Development and Research, shall—

(1)

select, on a competitive basis, a single nonprofit organization having a national reputation for expertise in resilience research and capacity building to develop a National Research Center for Resilience; and

(2)

subject only to the availability of amounts provided in appropriation Acts, make annual grants of amounts made available pursuant to section 146(b)(1) for the establishment and operation of the National Center.

(b)

Activities

The National Center shall—

(1)

collaborate with institutions of higher education as partners to create a best practices sharing network to support the programs and activities carried out with resilience grants;

(2)

coordinate with any other relevant centers and entities throughout the Federal Government on efforts relating to improving community resilience;

(3)

collect and disseminate research and other information about evidence-based and promising practices related to resilience to inform the efforts of research partners and to support the programs and activities carried out with resilience grants;

(4)

increase the public's knowledge and understanding of effective practices to improve regional and community resilience throughout the United States; and

(5)

make grants under subsection (d) for Regional Centers for Resilience.

(c)

Dissemination of proven practices

The Secretary shall collect information from the National Center regarding its activities and research and shall develop, manage, and regularly update an online site to disseminate proven practices for improving community resilience.

(d)

Grants for Regional Centers for Resilience

(1)

Grant program

The National Center shall carry out a program to make grants to institutions of higher education, or other non-profit organizations, having a national reputation to establish a Regional Center for Resilience in each of the 10 regions of the Department of Housing and Urban Development, as that shall serve as regional research partners with recipients of resilience grants that are located in the same geographic region as such institution, in collaboration with the National Center.

(2)

Support services

A Regional Center for Resilience receiving a grant under this section shall use such grant amounts to—

(A)

provide research support to recipients of resilience grants, including support services for data collection, general research, and analysis to assess the progress of activities carried out with resilience grants;

(B)

provide technical assistance to prospective applicants for, and recipients of, resilience grants; and

(C)

collaborate with and share information with the National Center.

1204.

Annual programs report

The Secretary shall annually submit to the Congress, and make publicly available, a report on the programs carried out under this subtitle, which shall evaluate the performance of such programs using the program performance metrics established under Executive Order 13576 (76 Fed. Reg. 35297), or any subsequent replacement executive order.

1205.

GAO reports

(a)

Access to Information

The Comptroller General of the United States shall have access to all information regarding and generated by the programs carried out under this subtitle.

(b)

Reports

Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, and every two years thereafter, the Comptroller General shall submit to the Congress a report analyzing and assessing the performance of the programs carried out under this subtitle.

1206.

Funding

(a)

Authorization of appropriations

There is authorized to be appropriated to carry out this subtitle $1,000,000,000 for each of fiscal years 2019 through 2023.

(b)

Allocation

Of any amounts appropriated for each such fiscal year—

(1)

1.0 percent shall be available for grants under section 143;

(2)

0.1 percent shall be available to the Office of Community Planning and Development for necessary costs, including information technology costs and salaries and expenses, of administering and overseeing funds made available for grants under sections 142 and 143; and

(3)

the remainder shall be available for resilience grants under section 142.

II

Poverty

2001.

Allocation of funds for assistance in persistent poverty counties

(a)

In general

Notwithstanding any other provision of law, of the funds made available (if any) in each of fiscal years 2019 through 2028 in any appropriations Act for each of the following accounts or activities, 10 percent of such funds shall be allocated for assistance in persistent poverty counties:

(1)

Department of Agriculture, Rural Development Programs.

(2)

Department of Commerce, Economic Development Administration, Economic Development Assistance Programs.

(3)

Department of Commerce, National Institute of Standards and Technology, Construction of Research Facilities.

(4)

Department of Education, Fund for the Improvement of Education.

(5)

Department of Education, Fund for the Improvement of Postsecondary Education.

(6)

Department of Labor, Employment and Training Administration, Training and Employment Services.

(7)

Department of Health and Human Services, Health Resources and Services Administration.

(8)

Department of Housing and Urban Development, Economic Development Initiative.

(9)

Department of Justice, Office of Justice Programs.

(10)

Environmental Protection Agency, State and Tribal Assistance Grants, Water and Wastewater.

(11)

Department of Transportation, Federal Highway Administration, Transportation Community and System Preservation.

(12)

Department of the Treasury, Community Development Financial Institutions.

(b)

Determination of persistent poverty counties

For purposes of this section, the term persistent poverty counties means any county with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 decennial censuses and the Bureau of the Census’s Small Area Income and Poverty Estimates (SAIPE) for the most recent year for which SAIPE data is available.

(c)

Reports

Not later than six months after the date of the enactment of this Act, each department or agency listed in subsection (a) shall submit to Congress a progress report on the implementation of this section.

2002.

Sense of the Congress

It is the sense of the Congress that a qualified entity conducting a demonstration project under the Assets for Independence Act should, to the maximum extent practicable, increase—

(1)

the rate at which the entity matches contributions by individuals participating in the project under section 410(a)(1) of such Act; or

(2)

the number of individuals participating in the project.

2003.

Findings

Section 402 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in paragraph (2), by striking Fully ½ and inserting Almost 1/4; and

(2)

in paragraph (4), by striking the first sentence and inserting the following: Traditional public assistance programs concentrate on income and consumption and have lacked an asset-building component to promote and support the transition to increased economic self-sufficiency..

2004.

Definitions

Section 404 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

by striking paragraph (4) and inserting the following:

(4)

Household

The term household means an individual or group of individuals who live in a single residence. Multiple households may share a single residence.

;

(2)

in paragraph (5)(A)—

(A)

by striking clause (iii);

(B)

by redesignating clauses (iv) through (vi) as clauses (iii) through (v), respectively; and

(C)

in clause (iv), as so redesignated by subparagraph (B), by striking clause (vi) and inserting clause (v);

(3)

in paragraph (7)(A), by striking clauses (ii) and (iii) and inserting the following:

(ii)

a State or local government agency (or a public housing agency, as defined in section 3(b)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6))) or a tribal government (or a tribally designated housing entity, as defined in section 4(22) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(22)));

(iii)

a credit union designated as a low-income credit union by the National Credit Union Administration (NCUA); or

(iv)

an organization designated as a community development financial institution by the Secretary of the Treasury (or the Community Development Financial Institutions Fund).

; and

(4)

in paragraph (8)—

(A)

in subparagraph (A)—

(i)

in the first sentence—

(I)

by inserting of an eligible individual or the dependent of an eligible individual (as such term is used in subparagraph (E)(ii)) after expenses; and

(II)

by inserting , or to a vendor pursuant to an education purchase plan approved by a qualified entity before the period;

(ii)

in clause (i)—

(I)

in subclause (II), by inserting or for courses described in subclause (III) after eligible educational institution; and

(II)

by adding at the end the following:

(III)

Preparatory courses

Preparatory courses for an examination required for admission to an eligible educational institution, for successful performance at an eligible educational institution, or for a professional licensing or certification examination.

(IV)

Room and board and transportation

Room and board and transportation, including commuting expenses, necessary to enable attendance at courses of instruction at an eligible educational institution or attendance at courses described in subclause (III).

;

(iii)

by striking clause (ii) and inserting the following:

(ii)

Eligible educational institution

The term eligible educational institution means—

(I)

an institution described in section 101 or 102 of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002); or

(II)

an area career and technical education school, as defined in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(3)).

; and

(iv)

by adding at the end the following:

(iii)

Education purchase plan

The term education purchase plan means a plan—

(I)

for the purchase of items or services described in subclauses (II) through (IV) of clause (i) from entities other than eligible educational institutions;

(II)

that includes a description of the items or services to be purchased; and

(III)

that includes such information as a qualified entity may request from the eligible individual involved regarding the necessity of the items or services to a course of study at an eligible educational institution or a course described in clause (i)(III).

;

(B)

in subparagraph (B)—

(i)

by striking clause (i) and inserting the following:

(i)

Principal residence

The term principal residence means a main residence the qualified acquisition costs of which do not exceed 120 percent of the median house price in the area, as determined by the Secretary of Housing and Urban Development for purposes of section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved.

; and

(ii)

in clause (iii)—

(I)

by striking subclause (I) and inserting the following:

(I)

In general

Subject to subclause (II), the term qualified first-time homebuyer means an individual participating in the project involved who—

(aa)

has no sole present ownership interest in a principal residence during the 3-year period ending on the date of acquisition of the principal residence to which this subparagraph applies (except for an interest in the principal residence); and

(bb)

has no co-ownership interest in a principal residence on the date of acquisition of the principal residence to which this subparagraph applies (except for an interest in the principal residence).

;

(II)

by redesignating subclause (II) as subclause (III); and

(III)

by inserting after subclause (I) the following:

(II)

Exception for victims of domestic violence

An individual participating in the project involved who is a recent or current victim of domestic violence (as defined in section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(8))) shall not be considered to fail to be a qualified first-time homebuyer by reason of having a co-ownership interest in a principal residence with a person who committed domestic violence against the victim.

;

(C)

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

(D)

by inserting after subparagraph (B) the following:

(C)

Home replacement, repair, or improvement

Qualified replacement costs or qualified repair or improvement costs with respect to a principal residence, if paid from an individual development account directly to the persons to whom the amounts are due. In this subparagraph:

(i)

Principal residence

The term principal residence means—

(I)

with respect to payment of qualified replacement costs, a main residence the qualified replacement costs of which do not exceed 120 percent of the median house price in the area, as determined by the Secretary of Housing and Urban Development for purposes of section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) for a residence occupied by a number of families that corresponds to the number of households occupying the residence involved; or

(II)

with respect to qualified repair or improvement costs, a main residence the value of which does not exceed, on the day before the commencement of the repairs or improvements, 120 percent of the median house price.

(ii)

Qualified replacement costs

The term qualified replacement costs means the costs (including any usual or reasonable settlement, financing, or other closing costs) of replacing—

(I)

a manufactured home that was manufactured, assembled, or imported for resale before the initial effectiveness of any Federal manufactured home construction and safety standards established pursuant to section 604 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5403); or

(II)

a residence that fails to meet local building codes or is not legally habitable.

(iii)

Qualified repair or improvement costs

The term qualified repair or improvement costs means the costs of making repairs or improvements (including any usual or reasonable financing costs) that will enhance the habitability or long-term value of a residence.

; and

(E)

by adding at the end the following:

(F)

Qualified tuition programs

Contributions paid from an individual development account of an eligible individual directly to a qualified tuition program (as defined in section 529(b) of the Internal Revenue Code of 1986), for the purpose of covering qualified higher education expenses (as defined in section 529(e)(3) of such Code) of a dependent of the individual (as such term is used in subparagraph (E)(ii) of this paragraph).

.

2005.

Applications

Section 405 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in subsection (c)(4), by adding at the end the following: Such funds include funds received under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.), the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b et seq.), the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), or title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) (including Community Development Block Grant Act funds and Indian Community Development Block Grant Act funds), that are formally committed to the project.; and

(2)

by adding at the end the following:

(h)

Applications for new projects and renewals of existing projects

For project years beginning on or after the date of the enactment of this subsection, the preceding provisions of this section shall only apply as follows:

(1)

Announcement of procedures

Not later than 180 days after the date of the enactment of this subsection, the Secretary shall publicly announce the procedures by which a qualified entity may submit an application—

(A)

to conduct a demonstration project under this title; or

(B)

for renewal of authority to conduct a demonstration project under this title.

(2)

Approval

The Secretary shall, on a competitive basis, approve applications submitted pursuant to the procedures announced under paragraph (1) of this subsection, taking into account the assessments required by subsection (c) and giving special consideration to the applications described in paragraph (3) of this subsection.

(3)

Special consideration

The applications described in this paragraph are the following:

(A)

Applications submitted by qualified entities proposing to conduct demonstration projects under this title that will target the following populations:

(i)

Individuals who are or have been in foster care.

(ii)

Victims of domestic violence (as defined in section 40002(a)(8) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(8))).

(iii)

Victims of—

(I)

a major disaster declared to exist by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declared to exist by the President under section 501 of such Act (42 U.S.C. 5191); or

(II)

a situation similar to a major disaster or emergency described in subclause (I) declared to exist by the Governor of a State.

(iv)

Formerly incarcerated individuals.

(v)

Individuals who are unemployed or underemployed.

(B)

Applications described in subsection (d).

(4)

Contracts with nonprofit entities

Subsection (f) shall continue to apply.

(5)

Grandfathering of existing statewide programs

Subsection (g) shall continue to apply, except that any reference in such subsection to the date of enactment of this Act or to $1,000,000 shall be deemed to be a reference to the date of the enactment of this subsection or to $250,000, respectively.

.

2006.

Demonstration authority; annual grants

Section 406(a) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by inserting (or, in the case of an application approved under section 405(h)(2), not later than 30 days after the date of the approval of the application) after the date of enactment of this title.

2007.

Reserve fund

Section 407(c) of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in paragraph (1)(D), by inserting or organizations after organization; and

(2)

by striking paragraph (3) and inserting the following:

(3)

Limitation on uses

(A)

In general

Of the amount provided to a qualified entity under section 406(b)—

(i)

not more than 5.5 percent shall be used for the purpose described in subparagraph (A) of paragraph (1);

(ii)

not less than 80 percent shall be used for the purpose described in subparagraph (B) of such paragraph; and

(iii)

not more than 14.5 percent shall be used for the purposes described in subparagraphs (C) and (D) of such paragraph.

(B)

Joint administration of project

If 2 or more qualified entities are jointly administering a demonstration project, no such entity shall use more than its proportional share of the percentage indicated in subparagraph (A) of this paragraph for the purposes described in subparagraphs (A) through (D) of paragraph (1).

.

2008.

Eligibility for participation

Section 408 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in subsection (a)—

(A)

by striking paragraph (1) and inserting the following:

(1)

Income tests

The household meets either of the following income tests:

(A)

Adjusted gross income test

The adjusted gross income of the household for the last taxable year ending in or with the preceding calendar year does not exceed the greater of—

(i)

200 percent of the Federal poverty line, as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section, for a family composed of the number of persons in the household at the end of the taxable year; or

(ii)

80 percent of the median income for the area for the taxable year, as determined by the Secretary of Housing and Urban Development for purposes of section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)), taking into account any family-size adjustment by the Secretary under such section that corresponds to the size of the household at the end of the taxable year.

(B)

Modified adjusted gross income test

(i)

In general

The modified adjusted gross income of the household for the last taxable year ending in or with the preceding calendar year does not exceed the amount described in clause (ii) for the individual whose eligibility is being determined under this section.

(ii)

Amount described

The amount described in this clause for an individual is as follows:

(I)

Married filing jointly

$40,000 for an individual described in section 1(a)(1) of the Internal Revenue Code of 1986.

(II)

Surviving spouse

$40,000 for an individual described in section 1(a)(2) of such Code.

(III)

Head of household

$30,000 for an individual described in section 1(b) of such Code.

(IV)

Single or married filing separately

$20,000 for an individual described in section 1(c) or 1(d) of such Code.

(iii)

Adjustment for inflation

(I)

In general

In the case of a calendar year described in clause (i) that is after 2018, the dollar amounts in clause (ii) shall be the dollar amounts determined under this clause (or clause (ii)) for the previous year increased by the annual percentage increase (if any) in the consumer price index (all items; U.S. city average) as of September of the calendar year described in clause (i).

(II)

Rounding

Any dollar amount determined under subclause (I) that is not a multiple of $100 shall be rounded to the next greatest multiple of $100.

; and

(B)

in paragraph (2), by adding at the end the following:

(D)

Adjustment for inflation

(i)

In general

In the case of a calendar year described in subparagraph (A) that is after 2018, the dollar amount in such subparagraph shall be the dollar amount determined under this clause (or such subparagraph) for the previous year increased by the annual percentage increase (if any) in the consumer price index (all items; U.S. city average) as of September of the calendar year described in such subparagraph.

(ii)

Rounding

Any dollar amount determined under clause (i) that is not a multiple of $100 shall be rounded to the next greatest multiple of $100.

;

(2)

by redesignating subsection (b) as subsection (c);

(3)

by inserting after subsection (a) the following:

(b)

Calculating income of household

(1)

Adjusted gross income

For purposes of subsection (a)(1)(A), the adjusted gross income of a household for a taxable year is the sum of the adjusted gross incomes of the individuals who are members of the household at the end of the year.

(2)

Modified adjusted gross income

For purposes of subsection (a)(1)(B), the modified adjusted gross income of a household for a taxable year is the sum of the modified adjusted gross incomes of the individuals who are members of the household at the end of the year.

; and

(4)

in subsection (c), as so redesignated by paragraph (2) of this subsection—

(A)

by striking , including and all that follows and inserting a period;

(B)

by striking The Secretary and inserting the following:

(1)

In general

The Secretary

; and

(C)

by adding at the end the following:

(2)

Individuals who move because of major disasters or emergencies or to find employment

(A)

In general

The regulations promulgated under paragraph (1) of this subsection shall establish procedures under which an individual described in subparagraph (B) of this paragraph may transfer from one demonstration project under this title to another demonstration project under this title that is being conducted in another community by a qualified entity that agrees to accept the individual into the project. The regulations shall not permit such a transfer unless the qualified entity has sufficient amounts in its Reserve Fund to make the deposits required by section 410 with respect to the individual.

(B)

Individual described

An individual described in this subparagraph is an individual participating in a demonstration project under this title who moves from the community in which the project is being conducted—

(i)

because of—

(I)

a major disaster declared to exist in the community by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declared to exist in the community by the President under section 501 of such Act (42 U.S.C. 5191);

(II)

a situation similar to a major disaster or emergency described in subclause (I) declared to exist in the community by the Governor of a State; or

(III)

a qualifying life event experienced by the individual; or

(ii)

in order to secure employment.

(C)

Qualifying life event defined

For purposes of subparagraph (B)(i)(III), the term qualifying life event

(i)

means an event determined by the Secretary to be similar to an event that would permit the individual to make an election change with respect to a cafeteria plan under section 125 of the Internal Revenue Code of 1986; and

(ii)

includes—

(I)

a change in the legal marital status of the individual;

(II)

a change in the number of dependents of the individual (as such term is used in section 404(8)(E)(ii) of this Act);

(III)

the birth or death of a child of the individual;

(IV)

the adoption or placement for adoption of a child by the individual;

(V)

a change in the provider of daycare for a child of the individual, or a significant increase in the cost of the daycare; and

(VI)

a change in employment status of the individual, the spouse of the individual, or a dependent of the individual (as such term is used in section 404(8)(E)(ii)).

(3)

Relocation to community where no project is available

(A)

In general

An individual described in subparagraph (B) of this paragraph shall be permitted to withdraw funds from the individual development account of the individual during the 1-year period following the date the individual moves to another community in the same manner that an individual is permitted under section 410(d)(2) to withdraw funds during the 1-year period following the end of a demonstration project.

(B)

Individual described

An individual described in this subparagraph is an individual who—

(i)

moves to a community where no demonstration project under this title is being conducted; or

(ii)

after moving to another community and making such efforts as the Secretary may require to transfer to another demonstration project under this title, is, for any reason other than a violation of the requirements of this title or regulations promulgated by the Secretary under this title, not accepted into another demonstration project under this title.

(C)

Funds remaining in IDA

Any funds remaining in an individual development account after the end of the 1-year period described in subparagraph (A) of this paragraph shall be treated in the same manner as funds remaining in an individual development account after the end of the 1-year period described in section 410(d)(2)(A) are treated under section 410(f).

(4)

Relocation by other individuals

The regulations promulgated under paragraph (1) shall prohibit any individual who is unable to continue participating in a demonstration project under this title for any reason, except for an individual described in paragraph (2)(B) or (3)(B), from being eligible to participate in any other demonstration project conducted under this title.

.

2009.

Deposits by qualified entities

Section 410 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in subsection (a)(2), by inserting 2 times after an amount equal to;

(2)

in subsection (b), by striking $2,000 and inserting $5,000;

(3)

in subsection (c), by striking $4,000 and inserting $10,000;

(4)

in subsection (d)—

(A)

by striking The Secretary shall and inserting the following:

(1)

In general

The Secretary shall

;

(B)

in paragraph (1), as amended by subparagraph (A) of this paragraph, by adding at the end the following: The Secretary may waive the application of the preceding sentence in the case of an individual who has participated in another demonstration project under this title (including successful completion after transferring from one project to another project as described in section 408(c)(2)) or an asset-building project similar to the demonstration projects conducted under this title.; and

(C)

by adding at the end the following:

(2)

Access for 1 year after end of project

(A)

In general

The Secretary shall ensure that an eligible individual is able to withdraw funds from an individual development account of the individual during the 1-year period following the end of the demonstration project with respect to which deposits were made into the account (whether the project ends by reason of expiration of the authority under section 406(a) of the qualified entity to conduct the demonstration project, termination of the authority under section 413 without transfer to another qualified entity, or otherwise).

(B)

Approval of withdrawals

During the period described in subparagraph (A), an eligible individual may make a withdrawal only if the withdrawal is approved in writing—

(i)

by a responsible official of the qualified entity; or

(ii)

by the Secretary, if the Secretary terminated the authority of the qualified entity to conduct the demonstration project under section 413 or the Secretary determines that the qualified entity is otherwise unable or unwilling to participate in the approval process.

; and

(5)

by adding at the end the following:

(f)

Unused funds in IDA

If funds remain in an individual development account after the end of the 1-year period described in subsection (d)(2)(A) of this section, the funds shall be disposed of as considered appropriate by the Secretary or a nonprofit entity (as such term is used in section 404(7)(A)(i)) designated by the Secretary.

.

2010.

Regulations

Section 411 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in the heading, by inserting ; regulations after projects;

(2)

by striking A qualified entity and inserting the following:

(a)

Local control over demonstration projects

A qualified entity

; and

(3)

by adding at the end the following:

(b)

Regulations

Subject to subsection (a), not later than 180 days after the date of the enactment of this subsection, the Secretary shall promulgate such regulations as the Secretary considers necessary to implement this title. The Secretary may provide that any such regulation takes effect on the date of promulgation, but the Secretary shall accept and consider public comments for 60 days after the date of promulgation.

.

2011.

Annual progress reports

(a)

In general

Section 412(b) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking subsection (a) to and all that follows and inserting subsection (a) to the Secretary..

(b)

Effective date

The amendment made by subsection (a) shall apply to reports submitted on or after the date of the enactment of this Act.

2012.

Sanctions

(a)

In general

Section 413 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

in subsection (b), by striking paragraph (5) and inserting the following:

(5)

if, by the end of the 90-day period beginning on the date of the termination, the Secretary has not found a qualified entity (or entities) described in paragraph (3) of this subsection, shall—

(A)

make every effort to identify, without conducting a competition (unless the Secretary determines that conducting a competition would be feasible and appropriate), another qualified entity (or entities), in the same or a different community, willing and able to conduct one or more demonstration projects under this title that may differ from the project being terminated;

(B)

in identifying a qualified entity (or entities) under subparagraph (A) of this paragraph, give priority to qualified entities that—

(i)

are participating in demonstration projects conducted under this title;

(ii)

have waiting lists for participants in the demonstration projects; and

(iii)

can demonstrate the availability of non-Federal funds described in section 405(c)(4), in addition to any such funds committed to any demonstration projects being conducted by the qualified entity at the time the Secretary considers identifying the entity under such subparagraph (A), to be committed to the demonstration project (or projects) described in such subparagraph (A) as matching contributions; and

(C)

if the Secretary identifies a qualified entity (or entities) under such subparagraph (A)—

(i)

transfer to the entity (or entities) control over the Reserve Fund established pursuant to section 407 with respect to the project being terminated; and

(ii)

authorize the entity (or entities) to use the Reserve Fund to conduct a demonstration project (or projects) in accordance with an application approved under subsection (e) or (h)(2) of section 405 and the requirements of this title.

; and

(2)

by adding at the end the following:

(c)

Focus on community of terminated project

In identifying another qualified entity (or entities) under paragraph (3) or (5) of subsection (b), the Secretary shall, to the extent practicable, select a qualified entity (or entities) in the community served by the demonstration project being terminated.

.

(b)

Effective date

(1)

In general

The amendment made by subsection (a) shall apply to terminations occurring on or after the date of the enactment of this Act.

(2)

Discretionary application to previous terminations

The Secretary of Health and Human Services may apply the amendment to terminations occurring within the 1-year period ending on the day before the date of the enactment of this Act. In the case of such an application, any reference in the amendment to the date of the termination is deemed a reference to such date of enactment.

2013.

Evaluations

Section 414 of the Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

by striking subsection (a) and inserting the following:

(a)

In general

The Secretary may enter into 1 or more contracts with 1 or more independent research organizations to evaluate the demonstration projects conducted under this title, individually and as a group, including all qualified entities participating in and sources providing funds for the demonstration projects conducted under this title. Such a contract may also provide for the evaluation of other asset-building programs and policies targeted to low-income individuals.

;

(2)

in subsection (b)—

(A)

by striking paragraph (3);

(B)

in paragraph (4), by striking , and how such effects vary among different populations or communities;

(C)

by striking paragraphs (5) and (6); and

(D)

by redesignating paragraphs (4) and (7) as paragraphs (3) and (4), respectively; and

(3)

in subsections (b) and (c), by inserting (or organizations) after research organization each place it appears.

2014.

Costs of training qualified entities

The Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

by redesignating section 416 as section 417; and

(2)

by inserting after section 415 the following:

416.

Costs of training qualified entities

If the Secretary determines that a qualified entity conducting a demonstration project under this title should receive training in order to conduct the project in accordance with an application approved under subsection (e) or (h)(2) of section 405 or the requirements of this title, or to otherwise successfully conduct the project, the Secretary may use funds appropriated under section 418 to cover the necessary costs of the training, including the costs of travel, accommodations, and meals.

.

2015.

Waiver authority

The Assets for Independence Act (42 U.S.C. 604 note) is amended—

(1)

by redesignating section 417, as so redesignated by section 214(1) of this Act, as section 418; and

(2)

by inserting after section 416 the following:

417.

Waiver authority

In order to carry out the purposes of this title, the Secretary may waive any requirement of this title—

(1)

relating to—

(A)

the definition of a qualified entity;

(B)

the approval of a qualified entity to conduct a demonstration project under this title or to receive a grant under this title;

(C)

eligibility criteria for individuals to participate in a demonstration project under this title;

(D)

amounts or limitations with respect to—

(i)

the matching by a qualified entity of amounts deposited by an eligible individual in the individual development account of the individual;

(ii)

the amount of funds that may be granted to a qualified entity by the Secretary; or

(iii)

uses by a qualified entity of the funds granted to the qualified entity by the Secretary; or

(E)

the withdrawal of funds from an individual development account only for qualified expenses or as an emergency withdrawal; or

(2)

the waiver of which is necessary to—

(A)

permit the Secretary to enter into an agreement with the Commissioner of Social Security;

(B)

allow individuals to be placed on a waiting list to participate in a demonstration project under this title; or

(C)

allow demonstration projects under this title to be targeted to populations described in section 405(h)(3)(A) and to successfully recruit individuals from the populations for participation.

.

2016.

Authorization of appropriations

Section 418 of the Assets for Independence Act (42 U.S.C. 604 note), as so redesignated by section 215(1) of this Act, is amended by inserting after 2003 the following: and $75,000,000 for each of fiscal years 2018, 2019, 2020, 2021, and 2022.

2017.

Conforming amendments

(a)

In general

Section 414(e) of the Assets for Independence Act (42 U.S.C. 604 note) is amended by striking section 416 and inserting section 418.

(b)

Table of contents

The table of contents in section 2 of the Community Opportunities, Accountability, and Training and Educational Services Act of 1998 (Public Law 105–285) is amended—

(1)

by striking the item relating to section 411 and inserting the following new item:

Sec. 411. Local control over demonstration projects; regulations.

;

and
(2)

by striking the items relating to sections 415 and 416 and inserting the following new items:

Sec. 415. No reduction in benefits.

Sec. 416. Costs of training qualified entities.

Sec. 417. Waiver authority.

Sec. 418. Authorization of appropriations.

.

2018.

General effective date

The amendments made by sections 204 through 209 shall apply to project years beginning on or after the date of the enactment of this Act.

2019.

Low-income sewer and water assistance pilot program

Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following:

124.

Low-income sewer and water assistance pilot program

(a)

Establishment

The Administrator shall establish a pilot program to award grants to not fewer than 10 eligible entities to assist low-income households in maintaining access to sanitation services.

(b)

Report

Not later than one year after the date of enactment of this section, the Administrator shall submit to Congress a report on the results of the program established under this section.

(c)

Definitions

In this section:

(1)

Eligible entity

The term eligible entity means a municipality, or a public entity that owns or operates a public water system, that is affected by a consent decree relating to compliance with this Act.

(2)

Household

The term household means any individual or group of individuals who are living together as one economic unit.

(3)

Low-income household

(A)

In general

The term low-income household means a household—

(i)

in which one or more individuals are receiving—

(I)

assistance under a State program funded under part A of title IV of the Social Security Act;

(II)

supplemental security income payments under title XVI of the Social Security Act;

(III)

supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008; or

(IV)

payments under section 1315, 1521, 1541, or 1542 of title 38, United States Code, or under section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978; or

(ii)

that has an income determined by the State in which the eligible entity is located to not exceed the greater of—

(I)

an amount equal to 150 percent of the poverty level for the State; or

(II)

an amount equal to 60 percent of the State median income.

(B)

Lower income limit

For purposes of this section, a State may adopt an income limit that is lower than the limit described in subparagraph (A)(ii), except that the State may not exclude a household from eligibility in a fiscal year solely on the basis of household income if the income is less than 110 percent of the poverty level for the State.

(4)

Public water system

The term public water system has the meaning given that term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).

(5)

Sanitation services

The term sanitation services has the meaning given that term in section 113(g).

.

III

Workforce Development

3001.

Job skills training for older individuals

(a)

Targeted pilot program

The Secretary of Labor shall establish a pilot program pursuant to section 169(b) of the Workforce Investment and Opportunity Act (29 U.S.C. 3224(b)) to provide grants to entities eligible under such section to provide job skills training to and specific for older individuals, particularly in the areas of computer literacy, advanced computer operations, and resume writing.

(b)

Definition

For purposes of the program established under subsection (a), the term older individual means an individual who is older than 45 years of age.

3002.

Extension of work opportunity tax credit for certain targeted groups

(a)

In general

Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting (December 31, 2024, in the case of any member of a targeted group described in subparagraph (B), (C), (E), (F), or (G)) before the period at the end.

(b)

Effective date

The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2019.

3003.

Youth and summer jobs

(a)

Intern wage credit

(1)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

45S.

Intern wage credit

(a)

In general

For purposes of section 38, in the case of an eligible small business employer, the intern wage credit for any taxable year is an amount equal to 10 percent of the wages paid by the taxpayer during such taxable year to qualified interns for whom an election is in effect under this section.

(b)

Limitations

(1)

Credit

The credit allowed under subsection (a) with respect to any taxpayer for any taxable year shall not exceed an amount equal to the excess (if any) of—

(A)

$3,000, over

(B)

the credit allowed under subsection (a) with respect to such taxpayer for all preceding taxable years.

(2)

Interns

An election may not be made under this section with respect to more than 5 qualified interns for any taxable year.

(c)

Definitions and special rules

For purposes of this section—

(1)

Eligible small employer

The term eligible small employer means any person which employed not more than 500 employees during the preceding taxable year. Rules similar to the rules of section 448(c)(3) shall apply.

(2)

Eligible wages

The term eligible wages means any remuneration paid by the taxpayer to an individual for services rendered as an employee.

(3)

Qualified intern

The term qualified intern means any individual who, during the period for which wages are taken into account under subsection (a), is—

(A)

enrolled at an eligible educational institution (as defined in section 25A(f)(2)),

(B)

seeking a degree at such institution in a field of study closely related to the work performed for the taxpayer, and

(C)

supervised and evaluated by the taxpayer.

(4)

Controlled group

All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single employer for purposes of this section.

(5)

Related individuals ineligible

Rules similar to the rules of section 51(i)(1) shall apply for purposes of this section.

.

(2)

Conforming amendments

(A)

Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus, and by adding at the end the following new paragraph:

(37)

the intern wage credit under section 45S(a).

.

(B)

The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45S. Intern wage credit.

.

(3)

Effective date

The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.

3004.

YouthBuild program

Section 171 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226) is amended by adding at the end the following:

(j)

Carry-Over authority

Any amounts granted to an entity under this section for a fiscal year may, at the discretion of the entity, remain available for expenditure during the succeeding fiscal year to carry out programs under this section.

.

3005.

Tax credit for providing programs for students that promote economic and financial literacy

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits), as amended by this Act, is amended by adding at the end the following new section:

45T.

Excellence in economic education

(a)

General rule

In the case of an eligible for profit organization, for purposes of section 38, the excellence in economic education credit determined under this section for a taxable year is 50 percent of the amount paid or incurred during the taxable year to carry out the purposes specified in section 5533(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) pursuant to a qualified program.

(b)

Limitation on number of credit recipients

(1)

In general

The excellence in economic education credit determined under this section for a taxable year may be allowed to not more than 20 for profit organizations in accordance with paragraph (2).

(2)

Credit award by Secretary

(A)

In general

The Secretary (in consultation with the Secretary of Education) shall determine which for profit organizations are allowed the credit under this section for a taxable year in such manner as the Secretary determines appropriate.

(B)

Majority of recipients must be MWOSBs, owned by veterans, or meet asset test

In carrying out subparagraph (A), the majority of the taxpayers allowed a credit under paragraph (1) for a taxable year shall be entities that are—

(i)

either—

(I)

a socially and economically disadvantaged small business concern (as defined in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A))),

(II)

a small business concern owned and controlled by women (as defined under section 3(n) of such Act (15 U.S.C. 632(n))), or

(III)

a small business concern (as used in section 3 of such Act (15 U.S.C. 632)) that is at least 51 percent owned by veterans (as defined in section 101(2) of title 38, United States Code), or

(ii)

on the first day of the taxable year do not have more than $60,000,000,000 in assets.

(C)

Priority

In making determinations under this paragraph, the Secretary shall give priority to taxpayers that have qualified programs which serve either urban or rural underserved areas (determined on the basis of the most recent United States census data available).

(c)

Limitations relating to expenditures

(1)

Direct activity

Twenty-five percent of the amount allowed as a credit under subsection (a) shall be for amounts paid or incurred for direct activities as defined in section 5533(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)(1))(as in effect on the day before the date of enactment of the Every Student Succeeds Act).

(2)

Subgrants

Seventy-five percent of the amount allowed as a credit under subsection (a) shall be for amounts paid or incurred for subgrants (as defined in section 5533(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b(b)(1)), as in effect on the day before the date of enactment of the Every Student Succeeds Act), determined by treating amounts so paid or incurred as funds made available through a grant.

(d)

Definitions and special rules

For purposes of this section—

(1)

Qualified program

The term qualified program means a program in writing under which an eligible for profit organization awards one or more grants for the purpose of carrying out the objectives of promoting economic and financial literacy, as specified in section 5532 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267a), that meet the requirements of section 5533 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7267b), as such sections are in effect on the day before the date of enactment of the Every Student Succeeds Act.

(2)

Eligible for profit organization

The term eligible for profit organization means with respect to a taxable year, an organization that—

(A)

has a qualified program in effect for the taxable year, and

(B)

has been determined by the Secretary under subsection (b)(2) to be an organization to whom the credit is allowed for the taxable year.

(3)

Determination of assets

For purposes of paragraph (2)(B), in determining assets, the Secretary shall use the same method used by the Board of Governors of the Federal Reserve System to determine a bank holding company’s consolidated assets under section 165 of the Financial Stability Act of 2010 (12 U.S.C. 5365).

(4)

Election not to claim credit

This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year.

(5)

Coordination with other deductions or credits

The amount of any deduction or credit otherwise allowable under this chapter for any amount taken into account for purposes of subsection (a) shall be reduced by the credit allowed by this section.

(e)

Regulations

The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this section.

.

(b)

Credit made part of general business credit

Subsection (b) of section 38 of such Code, as amended by this Act, is amended by striking plus at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting , plus, and by adding at the end the following new paragraph:

(38)

the excellence in economic education credit determined under section 45T(a).

.

(c)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45T. Excellence in economic education.

.

(d)

Report

(1)

In general

The Secretary of the Treasury (or the Secretary’s delegate) shall submit a report on—

(A)

whether the credit for excellence in economic education (as enacted by subsection (a) of this section) has resulted in increased investment in financial literacy programs; and

(B)

recommendations (if any) for improving such credit to make it more effective.

(2)

Submission to Congress

Not later than 5 years after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall submit the report required by paragraph (1) to the Secretary of Education, the Committee on Education and the Workforce, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate.

(e)

Effective date

The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

3006.

Teacher recruiting

(a)

Purpose

It is the purpose of this section to encourage individuals educated in science, technology, engineering, and mathematics to enter and continue in the teaching profession, with the goal of attracting 10,000 of America’s brightest students to the teaching profession over the next 5 years.

(b)

Scholarships

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended—

(1)

by redesignating part C as part E;

(2)

by redesignating section 261 as section 281; and

(3)

by inserting after part B the following new part:

C

STEM Teacher Scholarships

261.

Program established

The Secretary shall award scholarships, on a competitive basis and in accordance with this part, to students who are enrolled in studies leading to bachelor’s degrees, with concurrent certification as kindergarten, elementary, and secondary school teachers, in science, technology, engineering, and mathematics, and who have agreed to perform qualified service.

262.

Selection of recipients

(a)

Selection criteria

The Secretary shall develop selection criteria that the Secretary will use to award scholarships, and to renew those awards, based on established measurements of merit available to secondary students who wish to pursue degrees in science, technology, engineering, and mathematics.

(b)

Applications

Any student desiring to receive a scholarship under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(c)

Duration of Scholarships; Renewal

Scholarships shall be awarded for only one academic year of study at a time, and shall be renewable on an annual basis for the established length of the recipient’s academic program, not to exceed 6 academic years. The Secretary shall condition the renewal of scholarships on measures of academic progress and achievement.

263.

Qualified service requirement

(a)

Qualified service agreement

Any student who receives a scholarship under this part shall enter into an agreement with the Secretary to complete no less than 5 academic years of qualified service during a 7-year period, to begin no later than 12 months following the completion of a bachelor’s degree in science, technology, engineering, or mathematics.

(b)

Requirement enforced

The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of scholarships under this subsection who complete bachelor’s degrees in science, technology, engineering, and mathematics, with teacher certification, subsequently perform 5 academic years of qualified service during a 7-year period, or repay the portion of the scholarship received for which the recipient did not perform the required qualified service, as determined by the Secretary. The Secretary shall use any such repayments to carry out additional activities under this part.

(c)

Definition

For the purpose of this section, the term qualified service means full-time employment at a public or private kindergarten, elementary school, or secondary school as a teacher of a course in a science, technology, engineering, or mathematics field.

264.

Awards

(a)

Scholarship award

The Secretary shall provide each recipient with a scholarship in the amount of up to $20,000 to pay for the cost of attendance of the student for each academic year the student is eligible to receive the scholarship. The Secretary shall transfer such funds to the institution of higher education at which the recipient is enrolled.

(b)

Bonus award

(1)

Option for bonus award

Any student who receives a scholarship under this part may elect to enter into a bonus agreement with the Secretary, in accordance with this subsection, for any academic year during which the student receives a scholarship under this part.

(2)

Bonus agreement

A bonus agreement under paragraph (1) shall provide that—

(A)

the student shall perform one academic year of the qualified service agreed to under section 263(a) in a high-need local educational agency, as defined in section 200; and

(B)

the Secretary shall provide $10,000, in addition to the amount the student receives under subsection (a), for each academic year in which the student enters into such bonus agreement.

(3)

Service requirement enforced

The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of bonuses under this subsection fulfill the qualified service requirement in a high-need local educational agency, as defined in section 200, for a period of time equivalent to the period for which the recipient receives the bonus, or repays the portion of the bonus received for which the recipient did not perform the required qualified service in a high-need local educational agency, as determined by the Secretary. The Secretary shall use any such repayments to carry out additional activities under this subsection.

(c)

Maximum award

The maximum award any student may receive under this section for an academic year shall be the student’s cost of attendance minus any grant aid such student receives from sources other than this section.

265.

Regulations

The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this part.

.

(c)

Institutional grants for Integrated Degree Programs

Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is further amended by inserting after part C, as added by subsection (b) of this section, the following new part:

D

Integrated Degree Programs

271.

Program authorized

(a)

In general

The Secretary is authorized to award grants to institutions of higher education, on a competitive basis, in order to pay for the Federal share of the cost of projects to establish, strengthen, and operate 4-year undergraduate degree programs through which students may concurrently—

(1)

earn a bachelor’s degree in science, technology, engineering, or mathematics; and

(2)

be certified to teach kindergarten, elementary, or secondary school.

(b)

Grant amount; Award period

The Secretary may award grants to no more than 50 institutions of higher education each fiscal year, and a grant to an institution for a fiscal year shall not exceed $1,000,000. Grants shall be awarded for only one fiscal year at a time, and shall be renewable on an annual basis for up to 5 years.

272.

Selection of grant recipients

(a)

Criteria

The Secretary shall set criteria to evaluate the applications for grants under this part and the projects proposed to establish, strengthen, and operate 4-year integrated undergraduate degree programs.

(b)

Equitable distribution of grants

To the extent practicable and consistent with the criteria under subsection (a), the Secretary shall make grants under this part in such manner as to achieve an equitable distribution of the grant funds throughout the United States, considering geographic distribution, rural and urban areas, and range and type of institutions.

273.

Application requirements

In order to receive a grant under this part, an institution of higher education shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following:

(1)

A description of the proposed project.

(2)

A demonstration of—

(A)

the commitment, including the financial commitment, of the institution for the proposed project; and

(B)

the active support of the leadership of the institution for the proposed project.

(3)

A description of how the proposed project will be continued after Federal funds are no longer awarded under this part for the project.

(4)

A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives.

274.

Matching requirement

Each institution of higher education receiving a grant under this part shall provide, from non-Federal sources, an amount equal to the amount of the grant (in cash or in-kind) to carry out the project supported by the grant.

275.

Authorization of appropriations

There are authorized to be appropriated to carry out this part $50,000,000 for each of the fiscal years 2018 through 2023.

.

3007.

Recidivism reduction working group

(a)

Establishment

There is established a working group, which shall consist of representatives of the heads of the Department of Justice, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education. The working group shall identify and analyze practices to reduce recidivism. The Attorney General shall chair the group, which shall meet once each month for the first 3 months after the date of its establishment, and once every 3 months thereafter.

(b)

Report

Not later than 1 year after the date of the enactment of this Act, and 5 years thereafter, the working group established under subsection (a) shall submit to Congress and to the President a report which describes the recommendations of the working group for reducing recidivism.

(c)

Authorization of appropriations

There is authorized to be appropriated $1,000,000 to the working group for each of fiscal years 2018 through 2022 to carry out this subsection.

3008.

Commendable release program

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Attorney General, in consultation with the heads of the appropriate agencies, shall establish a program under which an individual who was convicted of a Federal offense which is classified as a felony, and who has successfully completed his or her sentence, may apply to receive benefits under the programs described in subsection (b). Any individual who has been convicted of a felony for which the maximum sentence is ten or more years of imprisonment, any crime of violence (as such term is defined in section 16 of title 18, United States Code), or any crime of reckless driving or of driving while intoxicated or under the influence of alcohol or of prohibited substances if such crime involves personal injury to another.

(b)

Programs described

The programs described in this subsection are the following:

(1)

TANF

Assistance under a State program funded under part A of title IV of the Social Security Act.

(2)

SNAP

The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

(3)

Housing

Any program of the Department of Housing and Urban Development or the Department of Agriculture providing housing or assistance for housing, including any program for dwelling units, rental assistance, grants, loans, subsidies, mortgage insurance, guarantees, or other financial assistance.

3009.

Increase in work opportunity tax credit for hiring qualified ex-felons

(a)

In general

Section 51(b)(3) of the Internal Revenue Code of 1986 is amended by inserting or any individual who is a qualified ex-felon after subsection (d)(3)(A)(ii)(I).

(b)

Effective date

The amendment made by subsection (a) shall apply to individuals who begin work for the employer after the date of the enactment of this Act, in taxable years ending after such date.

3010.

Entrepreneurship apprenticeships

The Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended by adding the end the following:

5.

Authorization of appropriations

There are authorized to be appropriated $90,000 for each of fiscal years 2018, 2019, 2020, and 2021.

.

3011.

Expansion of eligible programs

The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended—

(1)

in section 481(b), by adding at the end the following:

(5)
(A)

For purposes of parts D and E, the term eligible program includes a program of not less than 250 clock hours of instruction, offered during a minimum of 5 weeks of instruction that leads an industry-recognized credential.

(B)

In this paragraph, the term industry-recognized credential means an industry-recognized credential that—

(i)

is demonstrated to be of high quality by the institution offering the program in the program participation agreement under section 487;

(ii)

meets the current, as of the date of the determination, or projected needs of a local or regional workforce for recruitment, screening, hiring, retention, or advancement purposes—

(I)

as determined by the State in which the program is located, in consultation with business entities; or

(II)

as demonstrated by the institution offering the program leading to the credential; and

(iii)

is, where applicable, endorsed by a nationally recognized trade association or organization representing a significant part of the industry or sector.

; and

(2)

in section 487(a), by adding at the end the following:

(30)

In the case of an institution that offers a program of not less than 250 clock hours of instruction, offered during a minimum of 5 weeks of instruction that leads an industry-recognized credential, as provided under section 481(b)(5), the institution will demonstrate to the Secretary that the industry-recognized credential is of high quality.

.

3012.

Model standards and guidelines for credentialing environmental health workers

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with appropriate national professional organizations, Federal, State, local, and tribal governmental agencies, and private-sector and nongovernmental entities, shall develop model standards and guidelines for credentialing environmental health workers.

(b)

Provision of standards and technical assistance

The Secretary of Health and Human Services shall provide to State, local, and tribal governments—

(1)

the model standards and guidelines developed under subsection (a); and

(2)

technical assistance in credentialing environmental health workers.

3013.

Environmental health workforce development plan

(a)

In general

To ensure that activities and programs (including education, training, and payment programs) of the Department of Health and Human Services for developing the environmental health workforce meet national needs, the Secretary of Health and Human Services shall develop a comprehensive and coordinated plan for such activities and programs that—

(1)

includes performance measures to more clearly determine the extent to which such activities and programs are meeting the Department’s strategic goal of strengthening the environmental health workforce;

(2)

identifies and communicates to stakeholders any gaps between existing activities and programs and future environmental health workforce needs identified in workforce projections of the Health Resources and Services Administration;

(3)

identifies actions needed to address such identified gaps; and

(4)

identifies any additional statutory authority that is needed by the Department to implement such identified actions.

(b)

Submission to Congress

Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and to the Committees on Energy and Commerce and Education and the Workforce of the House of Representatives, the plan developed under subsection (a).

3014.

Environmental health workforce development report

(a)

In general

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall examine and identify best practices in 6 States (as described in subsection (b)) related to training and credentialing requirements for environmental health workers and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes information concerning—

(1)

types of environmental health workers employed at State, local, and city health departments and independent environmental health agencies;

(2)

educational backgrounds of environmental health workers;

(3)

whether environmental health workers are credentialed or registered, and what type of credential or registration each worker has received;

(4)

State requirements for continuing education for environmental health workers;

(5)

whether State, local, and city health departments and independent environmental health agencies track continuing education units for their environmental health workers; and

(6)

how frequently any exam required to qualify environmental health workers is updated and reviewed to ensure that the exam is consistent with current law.

(b)

Selection of States

The report described in subsection (a) shall be based upon the examination of such best practices with respect to 3 States that have credentialing requirements for environmental health workers and 3 States that do not have such requirements.

3015.

Public service loan forgiveness

Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended in paragraph (3)(B)—

(1)

in clause (i), by striking or at the end;

(2)

in clause (ii), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(iii)

a full-time job as an environmental health worker (as defined in section 7 of the Environmental Health Workforce Act of 2017) who is accredited, certified, or licensed in accordance with applicable law.

.

3016.

Definitions

In this Act, the terms environmental health worker and environmental health workforce refer to public health workers who investigate and assess hazardous environmental agents in various environmental settings and develop, promote, and enforce guidelines, policies, and interventions to control such hazardous environmental agents.

3017.

Grants to prepare girls and underrepresented minorities

Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:

G

Preparing girls and underrepresented minorities for the 21st century

4701.

Program authority

(a)

In General

From funds provided under section 4702, the Secretary is authorized to provide grants to local educational agencies on behalf of elementary and secondary schools to establish and implement a program to encourage the ongoing development of programs and curriculum for girls and underrepresented minorities in science, mathematics, engineering, and technology and to prepare girls and underrepresented minorities to pursue undergraduate and graduate degrees and careers in science, mathematics, engineering, or technology.

(b)

Application

(1)

In general

To be eligible to receive a grant, or enter into a contract or cooperative agreement, under this part, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require.

(2)

Contents

The application shall contain, at a minimum, the following:

(A)

A program description, including the content of the program and the research and models used to design the program.

(B)

A description of the collaboration between elementary and secondary schools to fulfill goals of the program and how the applicant will ensure that there is a comprehensive plan to improve science, mathematics, engineering, and technology education for girls and underrepresented minorities in grades kindergarten through 12.

(C)

A description of the process for recruitment and selection of participants.

(D)

A description of the planned instructional and motivational activities.

(E)

A description of any collaboration among local, regional, or national institutions and organizations that will occur in order to fulfill the goals of the program.

(3)

Priority

In selecting among applications, the Secretary shall give priority to applicants that partner or coordinate, to the extent possible, with local, regional, or national institutions and organizations who have extensive experience, expertise and research on increasing the participation of girls or underrepresented minorities in science, mathematics, engineering and technology.

(c)

Use of funds

Funds provided under this section shall be used for the following:

(1)

Preparing girls and underrepresented minorities with careers in science, mathematics, engineering, and technology, and the advantages of pursuing careers in these areas.

(2)

Educating the parents of girls and underrepresented minorities about the opportunities and advantages of science, mathematics, engineering, and technology careers.

(3)

Enlisting the help of the parents of girls and underrepresented minorities in overcoming the obstacles these groups face and encouraging their child’s continued interest and involvement in science, mathematics, engineering, and technology.

(4)

Providing tutoring and mentoring programs in science, mathematics, engineering, and technology.

(5)

Establishing partnerships and other opportunities that expose girls and underrepresented minorities to role models in the fields of science, mathematics, engineering and technology.

(6)

Enabling female and underrepresented minority students and their teachers to attend events and academic programs in science, mathematics, engineering, and technology.

(7)

Providing after-school activities designed to encourage interest, and develop skills of girls and underrepresented minorities, in science, mathematics, engineering, and technology.

(8)

Summer programs designed in order that girls and underrepresented minorities develop an interest in, develop skills in, and understand the relevance and significance of, science, mathematics, engineering, and technology.

(9)

Purchasing—

(A)

educational instructional materials or software designed to encourage interest of girls and underrepresented minorities in science, mathematics, engineering, and technology; or

(B)

equipment, instrumentation, or hardware used for teaching and to encourage interest of girls and underrepresented minorities in science, mathematics, engineering, and technology.

(10)

Field trips to locations, including institutions of higher education, to educate and encourage girls’ and underrepresented minorities’ interest in science, mathematics, engineering, and technology and acquaint them with careers in these fields.

(11)

Providing academic advice and assistance in high school course selection that encourages girls and underrepresented minorities to take advanced courses in areas of science, technology, engineering, and mathematics.

(12)

Paying up to 50 percent of the cost of an internship in science, mathematics, engineering, or technology for female and underrepresented minority students.

(13)

Providing professional development for teachers and other school personnel, including—

(A)

how to eliminate gender and racial bias in the classroom;

(B)

how to be sensitive to gender and racial differences;

(C)

how to engage students in the face of gender-based and racial peer pressure and parental expectations;

(D)

how to create and maintain a positive environment; and

(E)

how to encourage girls and underserved minorities through academic advice and assistance to pursue advanced classes and careers in science, mathematics, engineering, and technology fields.

(d)

Supplement, not supplant

The Secretary shall require each local educational agency to use the assistance provided under this section only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this section.

(e)

Evaluations

Each local educational agency that receives funds under this section shall provide the Secretary, at the conclusion of every school year during which the funds are received, with an evaluation, in a form prescribed by the Secretary. This evaluation shall include—

(1)

a description of the programs and activities conducted by the local educational agency using the funds;

(2)

data on curriculum and partnerships developed using the funds;

(3)

data on the amount of time spent on subjects allowed for under the grant; and

(4)

such other information as may be required by the Secretary.

4702.

Authorization of appropriations

There are authorized to be appropriated to carry out this part $5,000,000 for fiscal year 2018 and such sums as may be necessary for each of the 4 succeeding fiscal years.

.

3018.

GAO study

(a)

Study required

Not later than 6 months after the date of enactment of this Act, and every year thereafter, the Comptroller General of the United States shall conduct a study of Federal agencies to determine which agencies have the greatest impact on women’s participation in the workforce, and evaluate the impact of these agencies.

(b)

Suggested agencies

Such agencies shall include, at a minimum—

(1)

the Department of Labor, specifically the Women’s Bureau at such Department;

(2)

the Department of Transportation;

(3)

the Small Business Administration, including the Office of Women’s Business Ownership; and

(4)

any apprenticeship program that receives funding from a Federal agency.

3019.

Contents of study

(a)

In general

The study required by section 2 shall review and evaluate the following factors, for those agencies that the Comptroller General has identified as having the greatest impact on women’s participation in the workforce, including the following:

(1)

Policies and procedures

The study shall examine—

(A)

each agency’s policies and procedures related to improving women’s participation in the workforce, including efforts related to fair compensation, benefits, such as paid leave and workplace supports for pregnancy and families, participation in non-traditional and higher-paying jobs, enforcement of workplace rights, and prevention of sexual and other harassment;

(B)

each agency’s compliance with its statutory and regulatory requirements on these matters;

(C)

any policy changes in the agency within the study period, and the reasoning for such changes; and

(D)

any procedural changes to the agency’s reporting and participation within the agency.

(2)

Impact

The study shall also examine—

(A)

the number of women who received technical assistance, grants, loans, contracts, and other services from the agency in each fiscal year, and the number of such individuals who received these services in the prior five fiscal years;

(B)

the number of organizations who received such outreach, services, and other engagement with the agency;

(C)

the extent of the agency’s outreach and public education efforts for women, including the publication of reports and statistics, public announcement of enforcement actions, and regional outreach engaging local stakeholders;

(3)

Appropriations and staff

The study shall consider—

(A)

any reductions to appropriations and obligations for each agency and the actual and projected impact of these reductions; and

(B)

any staff reductions in each agency, including attrition, vacancies, and positions eliminated and the impact of these changes.

(b)

Analysis

The study shall also include an analysis of the specific barriers to women’s participation in the workforce, including an assessment of further opportunities to reduce those barriers.

3020.

Report

A report containing the results of the study and analysis shall be transmitted annually to the Committees on Oversight and Government Reform and Education and the Workforce of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Health, Education, Labor, and Pensions of the Senate.

3021.

Grants to units of general local government

Subtitle D of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221 et seq.) is amended by adding after section 172 the following:

173.

Pilot program

(a)

Program authorized

Notwithstanding section 181(e), from the amounts appropriated under subsection (h), the Secretary shall carry out a 2-year pilot program to award grants, on a competitive basis, to units of general local government or community-based organizations to retain, employ, or train employees providing a public service for a unit of general local government.

(b)

Unit of general local government defined

For purposes of this section, the term unit of general local government means any general purpose political subdivision of a State, or the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau, that has the power to levy taxes and spend funds, as well as general corporate and police powers.

(c)

Uses of funds

(1)

Required uses

(A)

In general

Subject to subparagraph (B), a unit of general local government or community-based organization shall use not less than 50 percent of the grant funds received under this section to—

(i)

in the case of a unit, retain employees of such unit who are providing a public service for the unit and who would otherwise be laid off as a consequence of budget cuts; and

(ii)

in the case of an organization, retain employees of the organization who are providing a public service for the unit in which the organization is located and who would otherwise be laid off as a consequence of budget cuts.

(B)

Exception

In a case in which 50 percent of a grant amount received under this section would exceed the amount needed for a unit or organization to retain the employees described in subparagraph (A), the unit or organization may use only the amount needed to retain such employees for such purpose.

(2)

Authorized uses

After using grant funds received under this section in accordance with paragraph (1), a unit of general local government or community-based organization may use any remaining grant funds provided under this section to—

(A)

in the case of a unit of general local government—

(i)

employ individuals in new positions providing a public service for the unit; or

(ii)

train individuals for new public service positions for the unit; and

(B)

in the case of a community-based organization—

(i)

employ individuals in new positions that would provide a public service for the unit in which the organization is located or services in the private sector; or

(ii)

train individuals for any such positions.

(d)

Priority for certain individuals

The Secretary shall encourage each unit of general local government and each community-based organization receiving a grant under this section to use such grant funds to retain, employ, or train—

(1)

veterans;

(2)

individuals with disabilities;

(3)

individuals who are receiving unemployment benefits; or

(4)

dislocated workers.

(e)

Priority for certain units and organizations

(1)

Units

In awarding grants to units of general local government under this section, the Secretary shall give priority to units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section.

(2)

Organizations

In awarding grants to units of general local government under this section, the Secretary shall give priority to community-based organizations located in units of general local government with high unemployment, foreclosure, and poverty rates as compared to other units of general local government applying to receive a grant under this section.

(f)

Application

Each unit of general local government or community-based organization desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(g)

Report

Not later than 2 years after the first appropriation of funds under subsection (h), the Secretary shall submit to Congress, a report on—

(1)

the number and percentage of individuals hired or trained, and the number and percentage of employees of units retained, as a result of a grant under this section; and

(2)

best practices in carrying out a grant program to hire, train, or retain employees of units of general local government.

(h)

Authorization of appropriations

There are authorized to be appropriated $1,000,000,000 to carry out this section for fiscal years 2018 and 2019.

.

3022.

Back to Basics Job Creation grant program

Subtitle A of title XX of the Social Security Act (42 U.S.C. 1397 et seq.) is amended by adding at the end the following:

2010.

Back to Basics Job Creation grant program

(a)

Grants

(1)

In general

The Secretary, in consultation with the Secretary of Labor and the Secretary of Commerce, shall make grants to eligible entities to assist low-income individuals and individuals who have been unemployed for at least 3 months in developing self-employment opportunities.

(2)

Timing of grant awards

Not later than 90 days after the date of the enactment of this section, the Secretary shall obligate not less than half of any funds appropriated for grants under this section.

(3)

Preference

In awarding grants under this section, the Secretary shall give preference to eligible entities—

(A)

that serve communities that have experienced high levels of poverty and unemployment and low levels of reemployment, as determined by the Secretary using data reported by the Census Bureau and the Bureau of Labor Statistics;

(B)

that demonstrate an ability to administer activities using the grant funds without acquiring new administrative structures or resources, such as staffing, technology, evaluation activities, training, research, and programming; and

(C)

that have established partnerships with other government agencies, community based organizations, financial institutions, educational institutions, or business organizations.

(b)

Use of funds

(1)

In general

An eligible entity awarded a grant under this section shall use the grant—

(A)

to provide education and training for business and financial literacy, certification, small business plan development, entrepreneurship, and patent and copyright processes; and

(B)

to provide funding for new small businesses that pay employees at a living wage.

(2)

Limitations

An eligible entity awarded a grant under this section may not use the grant—

(A)

to subsidize private or public employment; or

(B)

for any activity in violation of Federal, State, or local law.

(3)

Administrative expenses

An eligible entity awarded a grant under this section may use not more than 10 percent of the grant funds for administrative expenses, except that none of the funds may be used for salaries.

(4)

Deadline on use of grant funds

An eligible entity awarded a grant under this section shall expend the grant funds before December 31, 2019, except that the Secretary may provide an extension.

(c)

No effect on means-Tested benefits

For purposes of determining eligibility and benefit amounts under any means-tested assistance program, any assistance funded by a grant under this section shall be disregarded.

(d)

Reporting requirements

The Secretary shall submit a report on the implementation of this section to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate whenever either committee shall so request.

(e)

Authorization of appropriations

There are authorized to be appropriated for grants under this section $5,000,000,000 for fiscal year 2018. The amounts appropriated under this section are authorized to remain available through December 31, 2018.

(f)

Definitions

For purposes of this section—

(1)

the term eligible entity means a State, an Indian tribe, or a local government;

(2)

the term Indian tribe has the meaning given such term by section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); and

(3)

the term means-tested assistance program means a benefit program for which eligibility is based on income.

.

3023.

Grants for provision of transition assistance to members of the Armed Forces recently separated from active duty service

(a)

In general

The Secretary of Veterans Affairs shall make grants to eligible organizations for the provision of transition assistance to members of the Armed Forces who are recently retired, separated, or discharged from the Armed Forces and spouses of such members.

(b)

Use of funds

The recipient of a grant under this section shall use the grant to provide to members of the Armed Forces and spouses described in subsection (a) resume assistance, interview training, job recruitment training, and related services leading directly to careers, as determined by the grant recipient.

(c)

Eligible organizations

To be eligible for a grant under this section, an organization shall submit to the Secretary an application containing such information and assurances as the Secretary may require.

(d)

Amount of grant

A grant under this section shall be in an amount that does not exceed 50 percent of the amount required by the organization to provide the services described in subsection (b).

(e)

Termination

The authority to provide a grant under this section shall terminate on the date that is five years after the date of the enactment of this Act.

(f)

Authorization of appropriations

There is authorized to be appropriated $5,000,000 to carry out this section.

3024.

Credit for employees participating in qualified apprenticeship programs

(a)

In general

Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

45U.

Employees participating in qualified apprenticeship programs

(a)

In general

For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each of the apprenticeship employees of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year.

(b)

Applicable credit amount

For purposes of subsection (a), the applicable credit amount for each apprenticeship employee for each taxable year is equal to—

(1)

in the case of an apprenticeship employee who has not attained 25 years of age at the close of the taxable year, $1,500, or

(2)

in the case of an apprenticeship employee who has attained 25 years of age at the close of the taxable year, $1,000.

(c)

Limitation on number of years which credit may be taken into account

The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprenticeship employee.

(d)

Apprenticeship employee

For purposes of this section—

(1)

In general

The term apprenticeship employee means any employee who is—

(A)

a party to an apprenticeship agreement registered with—

(i)

the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or

(ii)

a recognized State apprenticeship agency, and

(B)

employed by the employer in the occupation identified in the apprenticeship agreement described in paragraph (1), whether or not the employer is a party to such agreement.

(2)

Minimum completion rate for eligible apprenticeship programs

An employee shall not be treated as an apprenticeship employee unless such apprenticeship agreement is with an apprenticeship program that, for the two-year period ending on the date of the apprenticeship begins, has a completion rate of at least 50 percent.

(e)

Applicable apprenticeship level

(1)

In general

For purposes of this section, the applicable apprenticeship level shall be equal to—

(A)

in the case of any apprenticeship employees described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number, and

(B)

in the case of any apprenticeship employees described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number.

(2)

First year of new apprenticeship programs

In the case of an employer which did not have any apprenticeship employees during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero.

(f)

Coordination with other credits

The amount of credit otherwise allowable under sections 45A, 51(a), and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee.

(g)

Certain rules To apply

Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.

.

(b)

Credit made part of general business credit

Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting , plus, and by adding at the end the following new paragraph:

(39)

the apprenticeship credit determined under section 45U(a).

.

(c)

Denial of double benefit

Subsection (a) of section 280C of such Code is amended by inserting 45S(a), after 45P(a),.

(d)

Clerical amendment

The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item:

Sec. 45U. Employees participating in qualified apprenticeship programs.

.

(e)

Effective date

The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.

3025.

Findings

Congress finds the following:

(1)

The time between the early teens and mid-twenties represents a critical developmental period in which individuals can gain the education and training, entry-level work experiences, work-readiness skills, and social networks needed to smoothly transition into the labor market and build towards future professional success.

(2)

Yet, nearly 5 million young people ages 16 to 24 are out of school and unemployed, leaving them disconnected from the systems and institutions critical for developing the building blocks of independence and self-sufficiency.

(3)

Communities of color experience the highest rates of youth disconnection: 25.4 percent of Native American youth, 18.9 percent of Black youth, and 14.3 percent of Latino youth between the ages of 16 and 24 were disconnected from school and work in 2015.

(4)

Disconnected youth are also three times more likely than other youth to have a disability, twice as likely to live below the Federal poverty threshold, and significantly more likely to live in racially segregated neighborhoods. Disconnected young women and girls are three times more likely to have a child, and young people involved in the juvenile justice system or aging out of the foster care system are at high risk of disconnection.

(5)

Disconnection from school and work can have significant consequences for youth, including decreased earning power and fewer future employment opportunities. According to the 2012 report, The Economic Value of Opportunity Youth, disconnected youth will, on average, earn $392,070 less than the average worker over their lifetimes.

(6)

Failure to successfully connect young people to employment and educational opportunities also results in a significant loss in productivity for the overall economy, as well as increases in government spending. According to a recent report from Measure of America, in 2013, youth disconnection resulted in $26.8 billion in public expenditures, including spending on health care, public assistance, and incarceration.

(7)

Disconnected young people, commonly referred to as opportunity youth because of their tremendous potential, can add great social and economic value to our communities and the economy, if given the appropriate supports and resources. According to the Opportunity Index, an annual measurement of opportunity in a geographic region, the number of opportunity youth, along with educational attainment and poverty rates, are strongly linked to overall opportunity in communities. When young adults do well, communities do well.

(8)

Despite their talent and motivation, many opportunity youth lack access to the training, education, and entry-level jobs that can help them gain the work experience and credentials needed to successfully transition into the labor market.

(9)

Lack of access to entry-level jobs can limit a young adult’s ability to accrue early work experience and demonstrate productivity and work readiness to potential employers. Labor market shifts have also limited opportunities for young people without a high school diploma or with limited postsecondary credentials. According to a 2013 report from the Georgetown University Center on Education and the Workforce, by the year 2020, an estimated 65 percent of all U.S. jobs will require postsecondary education and training.

(10)

Summer and year-round youth employment programs that connect young people with entry-level jobs give youth the work experience and opportunity for skill development needed to transition into the labor market and prevent points of disconnection, such as involvement in the criminal and juvenile justice systems.

(11)

Evidence suggests that summer youth employment programs may help in-school youth remain connected to the education system. A 2014 study of the New York City Summer Youth Employment Program found that after program participation, youth older than 16 increased their school attendance by four or five additional days compared to their previous fall semester attendance. This attendance increase represented 25 percent of the total days students were permitted to miss school and still continue on to the next grade.

(12)

Evidence shows that participation in summer youth employment programs also reduces the rate of violent crimes arrests. For example, a 2014 study of Chicago’s One Summer Plus program shows that the program reduced violent crime arrests among at-risk youth by approximately 43 percent, with crime reduction benefits lasting over a year after the program had ended. This reduction can have significant impact for young people, given the impact of a criminal record on future employment prospects and wages.

(13)

Despite its benefits, summer youth employment has declined by more than 40 percent during the past 12 years, at a loss of more than 3 million summer jobs for young Americans. A J.P. Morgan Chase study of 14 major U.S. cities found that summer youth employment programs were only able to provide opportunities for 46 percent of applicants in 2014.

(14)

According to research by Measure of America, the overwhelming number of youth disconnected from school and work come from disconnected communities marked by high adult unemployment, poverty, and racial segregation, as well as low levels of adult education attainment. These communities often lack the resources and supports needed to prevent and reverse youth disconnection.

(15)

Many at-risk or opportunity youth, finding that traditional pathways to educational attainment or employment are ill-matched to their individual needs, struggle to remain connected or reconnect to school and work.

(16)

For some youth, individual barriers—such as unstable housing, lack access to affordable child care or transportation, or involvement in the juvenile or criminal justice system—make it difficult to take advantage of existing employment and education pathways.

(17)

According the 2016 report, Supportive Services in Job Training and Education: A Research Review, studies suggest that education and training programs that offer supportive services, such as child care, transportation, and financial assistance, are associated with improved outcomes.

(18)

Community-based preventions and interventions can address the distinct problems opportunity youth may face in the local community and provide a connection to the education and training, re-engagement, and supportive services needed to help these young people succeed.

(19)

Previous Federal grant programs targeting communities with high rates of poverty have been successful in building such communities’ capacity to improve labor market participation and education attainment rates for young people.

3026.

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Labor—

(1)

$1,500,000,000 to carry out section 5;

(2)

$2,000,000,000 to carry out section 6; and

(3)

$2,000,000,000 to provide competitive grants in accordance with section 7.

3027.

Reservation of funds for administrative and other purposes

(a)

Reservation of funds

The Secretary of Labor shall reserve—

(1)

not more than 5 percent of amounts available under each of paragraphs (1) through (3) of section 3 for the costs of innovation and learning activities under section 10;

(2)

not more than 5 percent of amounts available under each of paragraphs (1) through (3) of section 3 for the costs of Federal administration of this Act; and

(3)

not more than 2 percent of amounts available under each of paragraphs (1) through (3) of section 3 for the costs of evaluations conducted under section 11.

(b)

Period of availability

The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor until the date that is 4 years after the date of enactment of this Act.

3028.

Summer employment opportunities for at-risk youth

(a)

In general

Of the amounts available under section 3(1) that are not reserved under section 4, the Secretary of Labor shall, for the purpose of carrying out summer employment programs under this section—

(1)

make an allotment in accordance with section 127(b)(1)(C)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)(1)(C)(ii)) to each State that meets the requirements of section 102 or 103 of such Act (29 U.S.C. 3112, 3113);

(2)

reserve not more than one-quarter of 1 percent of such amounts to provide assistance to the outlying areas; and

(3)

reserve not more than 11/2 percent of such amount to, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, or Native Hawaiian organizations to carry out the activities described in subsection (d)(2).

(b)

Within State allocations

(1)

In general

The Governor of a State, in accordance with the State plan developed under section 102 or 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112, 3113), shall allocate the amounts that are allotted to the State under subsection (a)(1) to eligible local areas in accordance with section 128(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(b)(2)(A)) for the purpose of developing and expanding summer employment programs under this section.

(2)

Supplement not supplant

Funds made available for summer youth employment programs under this section shall supplement and not supplant other State or local public funds expended for summer youth employment programs or other youth activities funded under section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163).

(3)

Reallocation among local areas

The Governor may, after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section and that are available for reallocation in accordance with section 128(c)(2)–(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(c)(2)–(4)).

(4)

Local reservation

Of the amounts allocated to a local area under paragraph (1), not more than 7 percent of such amounts may be used for the administrative costs, including costs for participating in regional and national opportunities for in-person peer learning under section 10.

(c)

Local plans

(1)

In general

The local board of the local area shall develop and submit, in partnership with the chief elected official, a 4-year plan. The plan shall be consistent with the local plan submitted by the local board under section 108 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3123), as determined by the Governor.

(2)

Submission

The plan shall be submitted to the Governor at such time and in such manner as the Governor may reasonably require. A local area may develop and submit to the Governor a local plan for programs under this section and a local plan for programs under section 6 in lieu of submitting two plans.

(3)

Contents

At a minimum, each plan shall include—

(A)

a description of how the local area will use program funds, in accordance with subsection (d), to develop or expand summer youth employment programs for each program year;

(B)

a description of how the local area will recruit eligible youth into the program;

(C)

the number of individuals expected to participate in the summer employment program each program year;

(D)

a description of the services, including supportive services, that the summer employment program is expected to provide;

(E)

reasonable goals for performance accountability measures outlined in subsection (i);

(F)

an assurance that the summer employment program will be aligned with the youth services provided under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);

(G)

an assurance that the local area will adhere to the labor standards outlined in section 8; and

(H)

any other information as the Governor may reasonably require.

(d)

Local use of funds

(1)

Youth participant eligibility

To be eligible to participate in activities carried out under this section during any program year, an individual shall, at the time the eligibility determination is made, be either an out-of-school youth or an in-school youth.

(2)

Local activities

(A)

Development Activities

A local area that has, at the beginning of the program year, no summer youth employment programs or programs that do not have all program elements described in paragraph (3)(B) shall use unreserved allotted funds to—

(i)

plan, develop, and carry out activities described in paragraph (3)(B);

(ii)

at the local area’s discretion, develop technology infrastructure, including data and management systems, to support program activities;

(iii)

conduct outreach to youth participants and employers; and

(iv)

at the local area’s discretion, use not more than 25 percent of allocated program funds to subsidize not more than 75 percent of the wages of each youth participant.

(B)

Expansion Activities

A local area that has, at the beginning of the program year, a summer youth employment program that has all program elements described in paragraph (3)(B) shall use unreserved allotted funds to—

(i)

increase the number of summer employment opportunities, including unsubsidized or partly subsidized opportunities and opportunities in the private sector;

(ii)

conduct outreach to youth participants and employers;

(iii)

use allocated program funds to subsidize not more than 50 percent of the wages of each youth participant; and

(iv)

at the local area’s discretion, enhance activities described in paragraph (3)(B).

(3)

Local elements

(A)

Program Design

Programs funded under this section shall match each youth participant with an appropriate employer, based on factors including the needs of the employer and the age, skill, and informed aspirations of the youth participant, for a high-quality summer employment opportunity, which may not—

(i)

be less than 4 weeks; and

(ii)

pay less than the highest of the Federal, State, or local minimum wage.

(B)

Program elements

Program elements include—

(i)

work-readiness training and educational programs to enhance the summer employment opportunity;

(ii)

coaching and mentoring services for youth participants to enhance the summer employment opportunity and encourage program completion;

(iii)

coaching and mentoring services for employers on how to successfully employ each youth participant in meaningful work;

(iv)

career and college planning services;

(v)

high-quality financial literacy education, including education on the use of credit and financing higher education, and access to safe and affordable banking accounts with consumer protections;

(vi)

supportive services, or connection to existing supportive services, to enable participation in the program;

(vii)

integration of services provided by the program with existing year-round employment programs, youth development programs, secondary school programs, youth services provided under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and skills training programs funded by the State or Federal Government;

(viii)

referral of at least 30 percent of participants from or to providers of youth, adult, vocational rehabilitation services, and adult education and literacy services under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) or skills training programs funded by the State or Federal Government;

(ix)

rigorous evaluation of programs using research approaches appropriate to programs in different levels of development and maturity, including random assignment or quasi-experimental impact evaluations, implementation evaluations, pre-experimental studies, and feasibility studies; and

(x)

commitment and support from mayors or county executives.

(C)

Priority

Priority shall be given to summer employment opportunities—

(i)

in existing or emerging in-demand industry sectors or occupations; or

(ii)

that meet community needs in the public, private, or nonprofit sector.

(4)

In-school youth priority

For any program year, not less than 75 percent of the unreserved funds allotted to local area under this section shall be used to provide summer employment opportunities for in-school youth.

(e)

Reports

(1)

In general

For each year that a local area receives funds under this section, the local area shall submit to the Secretary of Labor and the Governor a report with—

(A)

the number of youth participants in the program, including the number of in-school and out-of-school youth;

(B)

the number of youth participants who completed the summer employment opportunity;

(C)

the expenditures made from the amounts allocated under this section, including expenditures made to provide youth participants with supportive services;

(D)

a description of how the local area has used program funds to develop or expand summer youth employment programs, including a description of program activities and services provided, including supportive services provided and the number of youth participants accessing such services;

(E)

the source and amount of funding for the wages of each youth participant;

(F)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (i) for the program;

(G)

the average number of hours and weeks worked and the average amount of wages earned by youth participants in the program;

(H)

the percent of youth participants placed in employment opportunities in the nonprofit, public, and private sectors; and

(I)

any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program.

(2)

Disaggregation

The information required to be reported pursuant to subparagraphs (A), (B), and (G) of paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and subpopulations described in section 129(a)(1)(B)(iii)(I)–(VI) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)–(VI)).

(f)

Performance accountability

Primary indicators of performance shall be the performance metrics described in sections 116(b)(2)(A)(i)(V) and 116(b)(2)(A)(ii)(I) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)(V), 3141(b)(2)(A)(ii)(I)) and a work-readiness indicator established by the Secretary of Labor.

(g)

Technical assistance for local area failure To meet local performance accountability measures

If a local area fails to meet performance accountability goals established under local plans for any program year, the Governor, or, upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan.

3029.

Year-round employment for opportunity youth

(a)

In general

Of the amounts available under section 3(1) that are not reserved under section 4, the Secretary of Labor shall, for the purpose of carrying out year-round employment programs under this section—

(1)

make an allotment in accordance with section 127(b)(1)(C)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)(1)(C)(ii)) to each State that meets the requirements of section 102 or 103 of such Act (29 U.S.C. 3112, 3113); and

(2)

reserve not more than one-quarter of 1 percent of such amounts to provide assistance to the outlying areas.

(b)

Within state allocations

(1)

In general

The Governor of a State, in accordance with the State plan developed under section 102 or 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112, 3113), shall allocate the amounts that are allotted to the State under subsection (a)(1) to eligible local areas in accordance with section 128(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(b)(2)(A)) for the purpose of developing and expanding year-round employment programs under this section.

(2)

Supplement not supplant

Funds made available for year-round youth employment programs under this section shall supplement and not supplant other State or local public funds expended for year-round youth employment programs or other youth activities funded under section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163).

(3)

Reallocation among local areas

The Governor may, after consultation with the State board, reallocate to eligible local areas within the State amounts that are made available to local areas from allocations made under this section and that are available for reallocation in accordance with section 128(c)(2)–(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(c)(2)–(4)).

(4)

Local reservation

Of the amounts allocated to a local area under paragraph (1), not more than 7 percent of such amounts may be used for the administrative costs, including costs for participating regional and national opportunities for in-person peer learning under section 10.

(c)

Local plans

(1)

In general

The local board of the local area shall develop and submit, in partnership with the chief elected official, a 4-year plan. The plan shall be consistent with the local plan submitted by the local board under section 108 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3123), as determined by the Governor.

(2)

Submission

The plan shall be submitted to the Governor at such time and in such manner as the Governor may reasonably require. A local area may develop and submit to the Governor a local plan for programs under this section and a local plan for programs under section 5 in lieu of submitting two plans.

(3)

Contents

At a minimum, each plan shall include—

(A)

a description of how the local area will use program funds, in accordance with subsection (d), to develop or expand year-round youth employment programs for each program year;

(B)

a description of how the local area will recruit eligible youth into the program;

(C)

the number of individuals expected to participate in the year-round employment program each program year;

(D)

a description of the services, including supportive services, that the year-round employment program is expected to provide;

(E)

reasonable goals for performance accountability measures outlined in subsection (i);

(F)

an assurance that the year-round employment program will be aligned with the youth services provided under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);

(G)

an assurance that the local area will adhere to the labor standards outlined in section 8; and

(H)

any other information as the Governor may reasonably require.

(d)

Local use of funds

(1)

Youth participant eligibility

To be eligible to participate in activities carried out under this section during any program year, an individual shall, at the time the eligibility determination is made be an out-of-school youth and unemployed individual.

(2)

Local activities

(A)

Development Activities

A local area that has, at the beginning of the program year, no year-round youth employment programs or programs that do not have all program elements described in paragraph (3)(B) shall use unreserved allotted funds to—

(i)

plan, develop, and carry out activities described in paragraph (3)(B);

(ii)

at the local area’s discretion, develop technology infrastructure, including data and management systems, to support program activities;

(iii)

conduct outreach to youth participants and employers; and

(iv)

at the local area’s discretion, use not more than 30 percent of allocated program funds to subsidize the wages of each youth participant.

(B)

Expansion Activities

A local area that has at the beginning of the program year, a year-round youth employment program that has all program elements described in paragraph (3)(B) shall use unreserved allotted funds to—

(i)

increase the number of year-round employment opportunities, including unsubsidized or partly subsidized opportunities and opportunities in the private sector;

(ii)

conduct outreach to youth participants and employers;

(iii)

use allocated program funds to subsidize wages of each youth participant; and

(iv)

at the local area’s discretion, enhance activities described in paragraph (3)(B).

(3)

Local elements

(A)

Program Design

(i)

In general

Programs funded under this section shall match each youth participant with an appropriate employer, based on factors including the needs of the employer and the age, skill, and informed aspirations of the youth participant, for high-quality year-round employment, which may not—

(I)

be less than 180 days and more than 1 year;

(II)

pay less than the highest of the Federal, State, or local minimum wage; and

(III)

employ the youth participant for less than 20 hours per week.

(ii)

Employer share of wages

Programs funded under this section shall require not less than 25 percent of the wages of each youth participant to be paid by the employer, except this requirement may be waived for not more than 10 percent of youth participants with significant barriers to employment.

(B)

Program elements

Program elements include—

(i)

work-readiness training and educational programs to enhance year-round employment;

(ii)

coaching and mentoring services for youth participants to enhance the year-round employment opportunity and encourage program completion;

(iii)

coaching and mentoring services for employers on how to successfully employ each youth participant in meaningful work;

(iv)

career and college planning services;

(v)

high-quality financial literacy education, including education on the use of credit and financing higher education, and access to safe and affordable banking accounts with consumer protections;

(vi)

supportive services, or connection to existing supportive services, to enable participation in the program;

(vii)

integration of services provided by the program with existing youth development programs, secondary school programs, youth services provided under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and skills training programs funded by the State or Federal Government;

(viii)

referral of at least 30 percent of participants from or to providers of youth, adult, vocational rehabilitation services, and adult education and literacy services under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), or skills training programs funded by the State or Federal Government;

(ix)

rigorous evaluation of programs using research approaches appropriate to programs in different levels of development and maturity, including random assignment or quasi-experimental impact evaluations, implementation evaluations, pre-experimental studies, and feasibility studies; and

(x)

commitment and support from mayors or county executives.

(C)

Priority

Priority shall be given to year-round employment opportunities—

(i)

in existing or emerging in-demand industry sectors or occupations; or

(ii)

that meet community needs in the public, private, or nonprofit sector.

(e)

Reports

(1)

In general

For each year that a local area receives funds under this section, the local area shall submit to the Secretary of Labor and the Governor a report with—

(A)

the number of youth participants in the program;

(B)

the number of youth participants who completed the year-round employment opportunity;

(C)

the expenditures made from the amounts allocated under this section, including expenditures made to provide youth participants with supportive services;

(D)

a description of how the local area has used program funds to develop or expand year-round youth employment programs, including a description of program activities and services provided, including supportive services provided and the number of youth participants accessing such services;

(E)

the source and amount of funding for the wages of each youth participant;

(F)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (f) for the program;

(G)

the average number of hours and weeks worked and the average amount of wages earned by youth participants in the program;

(H)

the percent of youth participants placed in employment opportunities in the nonprofit, public, and private sectors;

(I)

the number of youth participants who are asked to remain after the end of the year-round employment and the number of youth participants actually retained for not less than 90 days; and

(J)

any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program.

(2)

Disaggregation

The information required to be reported pursuant to subparagraphs (A), (B), and (G) of paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and subpopulations described in section 129(a)(1)(B)(iii)(I)–(VI) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)–(VI)).

(f)

Performance accountability

Primary indicators of performance shall be the performance metrics described in sections 116(b)(2)(A)(i)(III), 116(b)(2)(A)(i)(V), and 116(b)(2)(A)(ii)(I)–(II) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)(III), 3141(b)(2)(A)(i)(V), 3141(b)(2)(A)(ii)(I)–(II)) and a work-readiness indicator established by the Secretary of Labor.

(g)

Technical assistance for local area failure To meet local performance accountability measures

If a local area fails to meet performance accountability goals established under local plans for any program year, the Governor, or upon request by the Governor, the Secretary of Labor, shall provide technical assistance, which may include assistance in the development of a performance improvement plan.

3030.

Connecting-for-opportunities competitive grant program

(a)

In general

Of the amounts available under section 3(3) that are not reserved under section 4, the Secretary of Labor shall, in consultation with the Secretary of Education, award grants on a competitive basis to assist local community partnerships in improving high school graduation and youth employment rates.

(b)

Local community partnerships

(1)

Mandatory partners

A local community partnership shall include at a minimum—

(A)

one unit of general local government;

(B)

one local educational agency;

(C)

one institution of higher education;

(D)

one local workforce development board;

(E)

one community-based organization with experience or expertise in working with youth;

(F)

one public agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system;

(G)

a State or local child welfare agency; and

(H)

an agency administering programs under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).

(2)

Optional partners

A local community partnership may also include within the partnership—

(A)

American Job Centers;

(B)

employers or employer associations;

(C)

representatives of labor organizations;

(D)

programs that receive funding under the Juvenile Justice and Delinquency Prevention Act (42 U.S.C. 5601 et seq.);

(E)

public agencies or community-based organizations with expertise in providing counseling services, including trauma-informed and gender-responsive counseling;

(F)

public housing agencies, collaborative applicants, as defined by the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), or private nonprofit organizations that serve homeless youth and households or foster youth; and

(G)

other appropriate State and local agencies.

(c)

Application

A local community partnership desiring a grant under this section shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall include a comprehensive plan that—

(1)

demonstrates sufficient need for the grant in the local population (indicators of need may include high rates of high school dropouts and youth unemployment and a high percentage or number of low-income individuals in the local population);

(2)

demonstrates the capacity of each local community partnership to carry out the activities described in subsection (d);

(3)

is consistent with the local plan submitted by the local board under section 108 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3123), the local plan for career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) (if not part of the Workforce Innovation and Opportunity Act local plan) and the State plan for programs under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); and

(4)

includes an assurance that the local community partnership will adhere to the labor standards outlined in section 8.

(d)

Use of funds

A local community partnership receiving a grant under this section shall use the grant funds—

(1)

to target individuals not younger than age 14 or older than age 24;

(2)

to make appropriate use of existing education, child welfare, social services, and workforce development data collection systems to facilitate the local community partnership’s ability to target the individuals described in paragraph (1);

(3)

to develop wide-ranging paths to higher education and employment, including—

(A)

using not less than 50 percent of the grant funds to help individuals described in paragraph (1) complete their secondary school education through various alternative means, including through high-quality, flexible programs that utilize evidence-based interventions and provide differentiated services (or pathways) to students returning to education after exiting secondary school without a regular high school diploma or who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, as established by the State;

(B)

creating career pathways focused on paid work-based learning consisting of on-the-job training and classroom instruction that will lead to credential attainment and prioritize connections to registered apprenticeship programs and pre-apprenticeship programs;

(C)

providing career navigators to provide individuals described in paragraph (1) with pre-employment and employment counseling and to assist such individuals in—

(i)

finding and securing employment or work-based learning opportunities that pay not less than the highest of the Federal, State, or local minimum wage;

(ii)

identifying and assessing eligibility for training programs and funding for such programs;

(iii)

completing necessary paperwork; and

(iv)

identifying additional services, if needed;

(D)

connecting individuals described in paragraph (1) with providers of youth services, adult services, vocational rehabilitation services, and adult education and literacy services, under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), career planning services, and federally and State funded programs that provide skills training; and

(E)

ensuring that such individuals successfully transition into pre-apprenticeship programs, registered apprenticeship programs, or programs leading to recognized postsecondary credentials in in-demand industry sectors or occupations;

(4)

to provide a comprehensive system aimed at preventing the individuals described in paragraph (1) from disconnecting from education, training, and employment and aimed at re-engaging any such individual who has been disconnected by—

(A)

providing school-based dropout prevention and community-based dropout recovery services, including establishing or improving school district early warning systems that—

(i)

connect such systems to existing data gathering and reporting systems established under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) for the purpose of identifying the individuals described in paragraph (1); and

(ii)

engage any such identified individual using targeted, evidence-based interventions to address the specific needs and issues of the individual, including chronic absenteeism; and

(B)

providing the individuals described in paragraph (1) with access to re-engagement services for training programs and employment opportunities and using providers of youth services under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to conduct intake and refer such individuals and their families to the appropriate re-engagement service; and

(5)

to provide a comprehensive system of support for the individuals described in paragraph (1), including—

(A)

connecting such individuals with professionals who can—

(i)

provide case management and counseling services; and

(ii)

assist such individuals in—

(I)

developing achievable short-term goals and long-term goals; and

(II)

overcoming any social, administrative, or financial barrier that may hinder the achievement of such goals; and

(B)

providing or connecting participants with available supportive services.

(e)

Priority in awards

In awarding grants under this section, the Secretary of Labor shall give priority to applications submitted by local community partnerships that include a comprehensive plan that—

(1)

serves and targets communities with a high percentage or high numbers of low-income individuals and high rates of high school dropouts and youth unemployment; and

(2)

allows the individuals described in paragraph (1) to earn academic credit through various means, including high-quality career and technical education, dual enrollment programs, or work-based learning.

(f)

Geographic distribution

The Secretary shall ensure that consideration is given to geographic distribution (such as urban and rural areas) in the awarding of grants under section.

(g)

Performance accountability

For activities funded under this section, the primary indicators of performance shall include—

(1)

the performance metrics described in sections 116(b)(2)(A)(i)(III)–(V) and 116(b)(2)(A)(ii)(I)–(II) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)(III)–(V), 3141 (b)(2)(A)(ii)(I)–(II));

(2)

the four-year adjusted cohort graduation rate and the extended-year adjusted cohort graduation rate in a State that chooses to use such a graduation rate, as defined in section 8101(25) of the Elementary and Secondary Education Act of 1965, as amended; and

(3)

the rate of attaining a recognized equivalent of a diploma, such as a general equivalency diploma.

(h)

Reports

For each year that a local community partnership administers a program under this section, the local community partnership shall submit to the Secretary of Labor and, if applicable, the State a report on—

(1)

the number of youth participants in the program, including the number of in-school and out-of-school youth, disaggregated by race, ethnicity, sex, age, and subpopulations described in section 129(a)(1)(B)(iii)(I)–(VII) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)–(VII));

(2)

the expenditures made from the amounts allocated under this section, including any expenditures made to provide youth participants with supportive services;

(3)

a description of program activities and services provided, including supportive services provided and the number of youth participants accessing such services;

(4)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (f) for the program, disaggregated by race, ethnicity, sex, age, and subpopulations described in section 129(a)(1)(B)(iii)(I)–(VII) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)–(VII)); and

(5)

any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program.

3031.

Labor standards

Activities funded under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 (29 U.S.C. 2931) and the nondiscrimination provisions of section 188 of such Act (29 U.S.C. 2938), in addition to other applicable Federal laws.

3032.

Privacy

Nothing in this Act—

(1)

shall be construed to supersede the privacy protections afforded parents and students under section 444 of the General Education Provisions Act (20 U.S.C. 1232g); or

(2)

shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under this Act.

3033.

Innovation and learning

Using funds reserved under section 4, the Secretary shall—

(1)

provide technical assistance to ensure providers have sufficient organizational capacity, staff training, and expertise to effectively implement programs, described under this Act;

(2)

create regional and national opportunities for in-person peer learning; and

(3)

provide on a competitive basis sub-grants to States and local areas to conduct pilots and demonstrations using emerging and evidence-based best practices, and models for youth employment programs and to evaluate such programs using designs that employ the most rigorous analytical and statistical methods that are reasonably feasible.

3034.

Evaluation and reports

(a)

Evaluation

Not earlier than 1 year or later than 2 years after the end of the award grant period, the Secretary of Labor shall conduct an evaluation of the programs administered under this Act.

(b)

Reports to congress

The Secretary of Labor shall transmit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate not later than 5 years after the end of the award grant period, a final report on the results of the evaluation conducted under subsection (a).

3035.

Definitions

In this Act:

(1)

ESEA terms

The terms extended-year adjusted cohort graduation rate, evidence-based, four-year adjusted cohort graduation rate, local educational agency, and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(2)

Institution of higher education

The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3)

Registered apprenticeship program

The term registered apprenticeship program has the meaning given such term in section 171(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(b)).

(4)

Other WIOA terms

The terms administrative costs, career and technical education, career pathway, career planning, community-based organization, Governor, in-demand industry sector or occupation, in-school youth, local area, local board, low-income individual, one-stop center, on-the-job training, outlying area, out-of-school youth, school dropout, State, supportive services, unemployed individual, and unit of general local government have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

3036.

Minimum wage increases

(a)

In general

Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:

(1)

except as otherwise provided in this section, not less than—

(A)

$9.25 an hour, beginning on the effective date under section 7 of the Jobs and Justice Act of 2018;

(B)

$10.10 an hour, beginning 1 year after such effective date;

(C)

$11.00 an hour, beginning 2 years after such effective date;

(D)

$12.00 an hour, beginning 3 years after such effective date;

(E)

$13.00 an hour, beginning 4 years after such effective date;

(F)

$13.50 an hour, beginning 5 years after such effective date;

(G)

$14.25 an hour, beginning 6 years after such effective date;

(H)

$15.00 an hour, beginning 7 years after such effective date; and

(I)

beginning on the date that is 8 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h);

.

(b)

Determination based on increase in the median hourly wage of all employees

Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following:

(h)
(1)

Not later than each date that is 90 days before a new minimum wage determined under subsection (a)(1)(I) is to take effect, the Secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection (a)(1)(I). The wage determined under this subsection for a year shall be—

(A)

not less than the amount in effect under subsection (a)(1) on the date of such determination;

(B)

increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and

(C)

rounded to the nearest multiple of $0.05.

(2)

In calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph (1)(B), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.

.

3037.

Tipped employees

(a)

Base minimum wage for tipped employees

Section 3(m)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to read as follows:

(1)

the cash wage paid such employee, which for purposes of such determination shall be not less than—

(A)

for the 1-year period beginning on the effective date under section 7 of the Jobs and Justice Act of 2018, $4.15 an hour;

(B)

for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of—

(i)

$1.15; or

(ii)

the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and

(C)

for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage in effect under section 6(a)(1); and

.

(b)

Tips retained by employees

Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)) is amended—

(1)

in the second sentence of the matter following paragraph (2), by striking of this subsection, and all tips received by such employee have been retained by the employee and inserting of this subsection. Any employee shall have the right to retain any tips received by such employee; and

(2)

by adding at the end the following: An employer shall inform each employee of the right and exception provided under the preceding sentence..

(c)

Scheduled repeal of separate minimum wage for tipped employees

(1)

Tipped employees

Section 3(m) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)), as amended by subsections (a) and (b), is further amended by striking the sentence beginning with In determining the wage an employer is required to pay a tipped employee, and all that follows through of this subsection. and inserting The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1)..

(2)

Publication of notice

Section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as added by section 5, is amended by striking or in accordance with subparagraph (B) or (C) of section 3(m)(1) (as applicable),.

(3)

Effective date

The amendments made by paragraphs (1) and (2) shall take effect on the date that is one day after the date on which the hourly wage under section 3(m)(1)(C) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)(C)), as amended by subsection (a), takes effect.

3038.

Newly hired employees who are less than 20 years old

(a)

Base minimum wage for newly hired employees who are less than 20 years old

Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking a wage which is not less than $4.25 an hour. and inserting the following: “a wage at a rate that is not less than—

(A)

for the 1-year period beginning on the effective date under section 7 of the Jobs and Justice Act of 2018, $5.00 an hour;

(B)

for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of—

(i)

$1.05; or

(ii)

the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and

(C)

for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage in effect under section 6(a)(1).

.

(b)

Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old

(1)

In general

Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by subsection (a), shall be repealed effective on the date provided in paragraph (3).

(2)

Publication of notice

Section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as amended by section 3(c)(2), is further amended by striking or subparagraph (B) or (C) of section 6(g)(1) (as applicable),.

(3)

Effective date

The repeal and amendment made by paragraphs (1) and (2), respectively, shall take effect on the date that is one day after the date on which the hourly wage under section 6(g)(1)(C) of the Fair Labor Standards Act, as amended by subsection (a), takes effect.

3039.

Publication of notice

Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by the preceding sections, is further amended by adding at the end the following:

(i)

Not later than 60 days prior to the effective date of any increase in the required wage determined under subsection (h), or in accordance with subparagraph (B) or (C) of section 3(m)(1) (as applicable), section 14(c)(1)(A) (as applicable), or subparagraph (B) or (C) of section 6(g)(1) (as applicable), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage.

.

3040.

Promoting economic self-sufficiency for individuals with disabilities

(a)

Wages

(1)

Transition to fair wages for individuals with disabilities

Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to read as follows:

(A)

at a rate that equals, or exceeds, the greater of—

(i)
(I)

$4.25 an hour, beginning 1 year after the date the wage rate specified in section 6(a)(1)(A) takes effect;

(II)

$6.25 an hour, beginning 2 years after such date;

(III)

$8.25 an hour, beginning 3 years after such date;

(IV)

$10.25 an hour, beginning 4 years after such date;

(V)

$12.25 an hour, beginning 5 years after such date; and

(VI)

the wage rate in effect under section 6(a)(1), on the date that is 6 years after the date the wage specified in section 6(a)(1)(A) takes effect; or

(ii)

if applicable, the wage rate in effect on the day before the date of enactment of the Raise the Wage Act for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is being determined under this subparagraph,

.

(2)

Prohibition on new special certificates; sunset

Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) (as amended by paragraph (1)) is further amended by adding at the end the following:

(6)

Prohibition on new special certificates

Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Raise the Wage Act.

(7)

Sunset

Beginning on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) takes effect, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect.

(8)

Transition assistance

Upon request, the Secretary shall provide—

(A)

technical assistance and information to employers issued a special certificate under this subsection for the purposes of—

(i)

transitioning the practices of such employers to comply with this subsection, as amended by the Raise the Wage Act; and

(ii)

ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection; and

(B)

information to individuals employed at a special minimum wage rate under this subsection, which may include referrals to other Federal or State entities with expertise in competitive integrated employment.

.

(3)

Effective date

The amendments made by this subsection shall take effect on the date of enactment of this Act.

(b)

Publication of notice

(1)

Amendment

Section 6(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(i)), as amended by section 4(b)(2), is further amended by striking section 14(c)(1)(A) (as applicable),.

(2)

Effective date

The amendment made by paragraph (1) shall take effect on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) of section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as amended by subsection (a)(1), takes effect.

3041.

General effective date

Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the first day of the third month that begins after the date of enactment of this Act.

3042.

Prohibitions relating to prospective employees’ salary and benefit history

(a)

In general

The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by adding after section 7 the following new section:

8.

Requirements and prohibitions relating to wage, salary and benefit history

It shall be an unlawful practice for an employer to—

(1)

screen prospective employees based on their previous wages or salary histories, including benefits or other compensation, including by requiring that a prospective employee’s previous wages or salary histories, including benefits or other compensation, satisfy minimum or maximum criteria, or request or require as a condition of being interviewed, or as a condition of continuing to be considered for an offer of employment or as a condition of employment, that a prospective employee disclose previous wages or salary histories, including benefits or other compensation;

(2)

seek the previous wages or salary history, including benefits or other compensation, of any prospective employee from any current or former employer of such employee; or

(3)

discharge or in any other manner retaliate against any employee or prospective employee because the employee—

(A)

opposed any act or practice made unlawful by this section or made or is about to make a complaint relating to any act or practice made unlawful by this section; or

(B)

testified or is about to testify, assist, or participate in any manner in an investigation or proceeding relating to any act or practice made unlawful by this section.

.

(b)

Penalties

Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection:

(f)
(1)

Any person who violates the provisions of section 8 shall—

(A)

be subject to a civil penalty of $5,000 for a first offense, increased by an additional $1,000 for each subsequent offense, not to exceed $10,000; and

(B)

be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys’ fees, and shall be subject to such injunctive relief as may be appropriate.

(2)

An action to recover the liability described in paragraph (1)(B) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees or prospective employees for and in behalf of himself or themselves and other employees similarly situated.

.

3043.

Private right of action under the National Labor Relations Act

Section 10 of the National Labor Relations Act (29 U.S.C. 160) is amended by adding at the end the following:

(n)

In addition to filing a charge alleging an unfair labor practice with the Board in accordance with this Act, a person alleging an unfair labor practice by an employer in violation of section 8(a)(3) may, not later than 180 days after the date of such violation, bring a civil action in the appropriate district court of the United States against the employer for such violation. The court may grant any relief described in section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5) or section 1977A(b) of the Revised Statutes of the United States (42 U.S.C. 1981a(b)), and may allow the prevailing party a reasonable attorney’s fee (including expert witness fees) as part of the costs.

.

3044.

Findings and purpose

(a)

Findings

Congress finds that—

(1)

African-American young men ages 18 to 39 are the hardest hit in unemployment, with an unemployment rate of 41 percent nationally, and in some States and cities, especially inner cities, higher than 50 percent;

(2)

this extraordinarily high unemployment rate has a terrible rippling impact on the breakdown of the family structure, as men in this age group are in the primary child-producing ages; and

(3)

an unemployment rate of 40 to 50 percent among African-American young men, many of who are fathers who, without jobs, and are unable to provide for their families, is not only a national crisis but a national tragedy.

(b)

Purpose

The purpose of this Act is to secure jobs, on-the-job training, and apprenticeships for African-American young men ages 18 to 39 with the labor unions, general contractors, and businesses who will rebuild the Nation’s crumbling infrastructure in cities and communities throughout the Nation.

3045.

Urging employment, on-the-job training, and apprenticeships for unemployed African-American young men in rebuilding the Nation’s crumbling infrastructure

(a)

In general

The Secretary of Labor shall strongly and urgently request those labor unions, general contractors, and businesses, who will rebuild the Nation’s crumbling infrastructure, transportation systems, technology and computer networks, and energy distribution systems, to actively recruit, hire, and provide on-the-job training to African-American young men ages 18 to 39 through their existing jobs, apprenticeships, and earn while you learn programs. The Secretary shall provide assistance to such labor unions, general contractors, and businesses through every means available to help coordinate the recruitment of such individuals for such jobs, on-the-job training, and apprenticeships.

(b)

Coordination

The jobs, on-the-job training, and apprenticeships made available by labor unions, general contractors, and businesses described in subsection (a) shall be conducted in conjunction with the Secretary of Labor and the labor unions and other associations which have been identified as those primarily involved in the infrastructure rebuilding described in such subsection, including the International Brotherhood of Electrical Workers (IBEW), the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers Union, the International Brotherhood of Teamsters, the National Electrical Contractors Association, the International Association of Sheet Metal, Air, Rail and Transportation Workers (SMART), the Laborers’ International Union of North America (LIUNA), the International Union of Operating Engineers (IUOE), and the United Steelworkers (USW). Such coordination shall also be done in conjunction with the National Joint Apprenticeship and Training Committee, which allows apprentices to earn while they learn.

(c)

Recruitment

The labor unions, general contractors, and businesses described in subsections (a) and (b) shall recruit African-American young men for the jobs, on-the-job training, and apprenticeships described in subsection (a) by reaching out and seeking assistance from within the African-American community, churches, the National Urban League, the NAACP, 100 Black Men of America, high school and college job placement offices, media outlets, and other African-American organizations that can offer valuable assistance to the Secretary of Labor, the labor unions, general contractors, and businesses with identifying, locating, and contacting unemployed African-American young men who want jobs, on-the-job training, and apprenticeships. These African-American organizations have a long and rich history of working to improve the lives of African-Americans, and can be very helpful in successfully reaching, contacting, and recruiting unemployed African-American young men.

3046.

Sense of Congress

It is the sense of Congress that this Act—

(1)

while rebuilding the crumbling infrastructure of this great Nation, will simultaneously help create good paying jobs and job training that will provide African-American young men ages 18 to 39 with the technical skills, computer capabilities, and other skills necessary in this high technology-driven job market, thus providing African-American young men with highly developed skills that will make them very competitive and attractive to many employers; and

(2)

greatly exemplifies and strengthens the high nobility of purpose that is the founding grace of this great Nation.

3047.

Increase in research credit for contracted research with United States businesses

(a)

In general

Section 41 of the Internal Revenue Code of 1986 is amended by inserting after subsection (g) the following new subsection:

(h)

Special rule for contracted research with United States manufacturing business

(1)

In general

If the taxpayer elects the application of this subsection, subsection (a)(1) shall be applied by substituting 25 percent for 20 percent with respect to qualified United States research expenses.

(2)

Qualified United States research expenses

For purposes of this subsection, the term qualified United States research expenses means any amount paid or incurred by the taxpayer to any person (other than an employee of the taxpayer) for qualified research, substantially all of which occurs in the United States.

(3)

Separate application of section

In the case of any election of the application of this subsection, this section shall be applied separately with respect to qualified United States research expenses.

.

(b)

Effective date

The amendments made by this section shall apply to amounts paid or incurred for taxable years beginning after the date of the enactment of this Act.

3048.

Homeland Security cybersecurity workforce; personnel authorities

(a)

Homeland security cybersecurity workforce

(1)

In general

Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following new section:

230A.

Cybersecurity occupation categories, workforce assessment, and strategy

(a)

Short title

This section may be cited as the Homeland Security Cybersecurity Boots-on-the-Ground Act.

(b)

Cybersecurity occupation categories

(1)

In general

Not later than 90 days after the date of the enactment of this section, the Secretary shall develop and issue comprehensive occupation categories for individuals performing activities in furtherance of the cybersecurity mission of the Department.

(2)

Applicability

The Secretary shall ensure that the comprehensive occupation categories issued under paragraph (1) are used throughout the Department and are made available to other Federal agencies.

(c)

Cybersecurity workforce assessment

(1)

In general

Not later than 180 days after the date of the enactment of this section and annually thereafter, the Secretary shall assess the readiness and capacity of the workforce of the Department to meet its cybersecurity mission.

(2)

Contents

The assessment required under paragraph (1) shall, at a minimum, include the following:

(A)

Information where cybersecurity positions are located within the Department, specified in accordance with the cybersecurity occupation categories issued under subsection (b).

(B)

Information on which cybersecurity positions are—

(i)

performed by—

(I)

permanent full time departmental employees, together with demographic information about such employees’ race, ethnicity, gender, disability status, and veterans status;

(II)

individuals employed by independent contractors; and

(III)

individuals employed by other Federal agencies, including the National Security Agency; and

(ii)

vacant.

(C)

The number of individuals hired by the Department pursuant to the authority granted to the Secretary in 2009 to permit the Secretary to fill 1,000 cybersecurity positions across the Department over a three year period, and information on what challenges, if any, were encountered with respect to the implementation of such authority.

(D)

Information on vacancies within the Department’s cybersecurity supervisory workforce, from first line supervisory positions through senior departmental cybersecurity positions.

(E)

Information on the percentage of individuals within each cybersecurity occupation category who received essential training to perform their jobs, and in cases in which such training is not received, information on what challenges, if any, were encountered with respect to the provision of such training.

(F)

Information on recruiting costs incurred with respect to efforts to fill cybersecurity positions across the Department in a manner that allows for tracking of overall recruiting and identifying areas for better coordination and leveraging of resources within the Department.

(d)

Workforce strategy

(1)

In general

Not later than 180 days after the date of the enactment of this section, the Secretary shall develop, maintain, and, as necessary, update, a comprehensive workforce strategy that enhances the readiness, capacity, training, recruitment, and retention of the cybersecurity workforce of the Department.

(2)

Contents

The comprehensive workforce strategy developed under paragraph (1) shall include—

(A)

a multiphased recruitment plan, including relating to experienced professionals, members of disadvantaged or underserved communities, the unemployed, and veterans;

(B)

a 5-year implementation plan;

(C)

a 10-year projection of the Department’s cybersecurity workforce needs; and

(D)

obstacles impeding the hiring and development of a cybersecurity workforce at the Department.

(e)

Information security training

Not later than 270 days after the date of the enactment of this section, the Secretary shall establish and maintain a process to verify on an ongoing basis that individuals employed by independent contractors who serve in cybersecurity positions at the Department receive initial and recurrent information security training comprised of general security awareness training necessary to perform their job functions, and role-based security training that is commensurate with assigned responsibilities. The Secretary shall maintain documentation to ensure that training provided to an individual under this subsection meets or exceeds requirements for such individual’s job function.

(f)

Updates

The Secretary shall submit to the appropriate congressional committees annual updates regarding the cybersecurity workforce assessment required under subsection (c), information on the progress of carrying out the comprehensive workforce strategy developed under subsection (d), and information on the status of the implementation of the information security training required under subsection (e).

(g)

GAO study

The Secretary shall provide the Comptroller General of the United States with information on the cybersecurity workforce assessment required under subsection (c) and progress on carrying out the comprehensive workforce strategy developed under subsection (d). The Comptroller General shall submit to the Secretary and the appropriate congressional committees a study on such assessment and strategy.

(h)

Cybersecurity Fellowship Program

Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees a report on the feasibility of establishing a Cybersecurity Fellowship Program to offer a tuition payment plan for undergraduate and doctoral candidates who agree to work for the Department for an agreed-upon period of time.

.

(2)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 230 the following new item:

Sec. 230A. Cybersecurity occupation categories, workforce assessment, and strategy.

.

(b)

Personnel authorities

(1)

In general

Subtitle C of title II of the Homeland Security Act of 2002, as amended by subsection (a)(1) of this section, is further amended by adding at the end the following new section:

230B.

Personnel authorities

(a)

In general

(1)

Personnel authorities

The Secretary may exercise with respect to qualified employees of the Department the same authority that the Secretary of Defense has with respect to civilian intelligence personnel and the scholarship program under sections 1601, 1602, 1603, and 2200a of title 10, United States Code, to establish as positions in the excepted service, appoint individuals to such positions, fix pay, and pay a retention bonus to any employee appointed under this section if the Secretary determines that such is needed to retain essential personnel. Before announcing the payment of a bonus under this paragraph, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a written explanation of such determination. Such authority shall be exercised—

(A)

to the same extent and subject to the same conditions and limitations that the Secretary of Defense may exercise such authority with respect to civilian intelligence personnel of the Department of Defense; and

(B)

in a manner consistent with the merit system principles set forth in section 2301 of title 5, United States Code.

(2)

Civil service protections

Sections 1221 and 2302, and chapter 75 of title 5, United States Code, shall apply to the positions established pursuant to the authorities provided under paragraph (1).

(3)

Plan for execution of authorities

Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains a plan for the use of the authorities provided under this subsection.

(b)

Annual report

Not later than one year after the date of the enactment of this section and annually thereafter for four years, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed report (including appropriate metrics on actions occurring during the reporting period) that discusses the processes used by the Secretary in implementing this section and accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by a qualified employee.

(c)

Definition of qualified employee

In this section, the term qualified employee means an employee who performs functions relating to the security of Federal civilian information systems, critical infrastructure information systems, or networks of either of such systems.

.

(2)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 230A (as added by subsection (a)(2) of this section) the following new item:

Sec. 230B. Personnel authorities.

.

(c)

Clarification regarding authorization of appropriations

No additional amounts are authorized to be appropriated by reason of this section or the amendments made by this section.

3049.

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 Jobs and Justice Act of 2018, 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.

3050.

Expansion of authority for noncompetitive appointments of military spouses by Federal agencies

(a)

Expansion To include all spouses of members of the Armed Forces on active duty

Section 3330d of title 5, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking paragraphs (3), (4), and (5); and

(B)

by redesignating paragraph (6) as paragraph (3);

(2)

by striking subsections (b) and (c) and inserting the following new subsection (b):

(b)

Appointment authority

The head of an agency may appoint noncompetitively—

(1)

a spouse of a member of the Armed Forces on active duty; or

(2)

a spouse of a disabled or deceased member of the Armed Forces.

;

(3)

by redesignating subsection (d) as subsection (c); and

(4)

in subsection (c), as so redesignated, by striking subsection (a)(6) in paragraph (1) and inserting subsection (a)(3).

(b)

Heading amendment

The heading of such section is amended to read as follows:

3330d.

Appointment of military spouses

.

(c)

Clerical amendment

The table of sections at the beginning of chapter 33 of such title is amended by striking the item relating to section 3330d and inserting the following new item:

3330d. Appointment of military spouses.

.

3051.

Report on mechanisms to increase participation in Department of Defense contracts of firms with programs to employ military spouses

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report that sets forth various mechanisms to be used by the Department of Defense to increase the participation in Department contracts of businesses that implement and maintain programs to employ military spouses. For each mechanism set forth, the report shall include a recommendation for the legislative or administrative action necessary to implement such mechanism.

3052.

Improvement of education and career opportunities programs for military spouses

(a)

Outreach on availability of MyCAA program

(1)

In general

The Secretary of Defense shall take appropriate actions to ensure that military spouses who are eligible for participation in the My Career Advancement Account (MyCAA) program of the Department of Defense are, to extent practicable, made aware of the program and their eligibility for the program.

(2)

Digital advertisement

The actions taken by the Secretary pursuant to paragraph (1) shall include a state-of-the-art digital advertising campaign on the My Career Advancement Account program designed to target military spouses.

(3)

DoD report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the following:

(A)

An assessment of the extent to which military spouses who are eligible for the My Career Advancement Account program are aware of the program and their eligibility for the program.

(B)

A description of the levels of participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(4)

Comptroller General report

Not later than 180 days after the submittal of the report required by paragraph (3), the Comptroller General of the United States shall submit to Congress a report setting forth the following:

(A)

An assessment of the report under paragraph (3).

(B)

Such recommendations as the Comptroller General considers appropriate regarding the following:

(i)

Mechanisms to increase awareness of the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(ii)

Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program.

(b)

Training for installation career counselors on MyCAA program

The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses.

(c)

Report on expansion of SECO Program

The Secretary of Defense shall submit to Congress a report setting forth a proposal for the expansion of specialized coaching modules within the Spouse Education and Career Opportunities (SECO) Program of the Department of Defense.

3053.

Military family childcare matters

(a)

Assessment of use of subsidized, off-Installation childcare services

Subsection (a) of section 575 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is amended by adding at the end the following new paragraph:

(5)

Modifying the rate of use of subsidized, off-installation childcare services by military families in light of the full implementation of Mil­i­tary­Child­Care.com, including whether the availability of off-installation childcare services for military families could be increased by altering policies of the Armed Forces on capping the amount of subsidies for military families for such services based on the cost of living for families and the average cost of civilian childcare services.

.

(b)

Provisional or interim clearances To provide childcare services

(1)

In general

The Secretary of Defense shall implement a policy to permit the issuance of clearances on a provisional or interim basis for the provision of childcare services at military childcare centers.

(2)

Elements

The policy required by this subsection shall provide for the following:

(A)

Any clearance issued under the policy shall be temporary and contingent upon the satisfaction of such requirements for the issuance of a clearance on a permanent basis as the Secretary considers appropriate.

(B)

Any individual issued a clearance on a provisional or interim basis under the policy shall be subject to such supervision in the provision of childcare services using such clearance as the Secretary considers appropriate.

(3)

Clearance defined

In this subsection, the term clearance, with respect to an individual and the provision of childcare services, means the formal approval of the individual, after appropriate vetting and other review, to provide childcare services to children at a military childcare center of the Department of Defense.

3054.

Expansion of period of availability of Military OneSource program for retired and discharged members of the Armed Forces and their immediate families

(a)

In general

Under regulations prescribed by the Secretary of Defense, the period of eligibility for the Military OneSource program of the Department of Defense of an eligible individual retired, discharged, or otherwise released from the Armed Forces, and for the eligible immediate family members of such an individual, shall be the one-year period beginning on the date the retirement, discharge, or release, as applicable, of such individual.

(b)

Outreach

The Secretary shall undertake a marketing and advertising campaign designed to inform military families and families of veterans of the Armed Forces of the wide range of benefits available through the Military OneSource program. The campaign shall include well-researched and targeted marketing and advertising collateral issued at the following:

(1)

Offices at military installations that issue identification cards.

(2)

Locations at which activities under the Transition Assistance Program (TAP) are being carried out.

3055.

Transition assistance for military spouses

(a)

Transition assistance

(1)

In general

Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784a the following new section:

1784b.

Employment assistance, job training assistance, and other transitional assistance for military spouses: Department of Labor

(a)

In general

In carrying out the program of assistance and services required by section 1144 of this title, the Secretary of Labor, in conjunction with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Veterans Affairs, shall also maintain a program of counseling, assistance, help, and related information and services for spouses of members of the armed forces covered by that section in order to assist such spouses during the transition of such members to civilian life.

(b)

Elements

The counseling, assistance, help, and information and services available under the program under this section shall be the following:

(1)

Such counseling, assistance, help, and information and services as are available to members under section 1144 of this title and are suitable to assist spouses during the transition of members as described in subsection (a).

(2)

Such other counseling, assistance, help, and information and services to assist spouses during such transition as the Secretaries consider appropriate for purposes of the program.

(c)

Participation

A spouse is eligible to participate in the program under this section during any period in which the spouse's member is eligible to participate in the program of assistance and services required by section 1144 of this title.

(d)

Use of personnel and organizations

In carrying out the program under this section, the Secretaries may use any of the authorities, personnel, organizations, and other resources available for the program of assistance and services required by section 1144 of this title that the Secretaries consider appropriate for the effective operation of the program under this section.

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter I of chapter 88 of such title is amended by inserting after the item relating to section 1784a the following new item:

1784b. Employment assistance, job training assistance, and other transitional assistance for military spouses: Department of Labor.

.

(3)

Effective date and commencement of program

The amendments made by this subsection shall take effect on the date of the enactment of this Act. The Secretary of Labor shall commence the program required by section 1784b of title 10, United States Code (as added by such amendments), by such date, not later than one year after the date of the enactment of this Act, as the Secretary considers practicable.

(b)

Participation of spouses in TAP for members

Section 1144 of title 10, United States Code, is amended—

(1)

in subsection (a)(1), by striking and the spouses of such members;

(2)

in subsection (c), by inserting of members after Participation;

(3)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(4)

by inserting after subsection (c) the following new subsection (d):

(d)

Participation of spouses

The Secretaries shall permit the spouses of members participating in the program carried out under this section to participate in the receipt by such members of assistance and services provided under the program to the extent that the participation of such spouses in receipt of such assistance and services will assist such members and spouses in maximizing the benefits of the program carried out under this section.

.

3056.

Public-private partnerships on health, safety, welfare, and morale of military families

(a)

Plan for initiative required

The Secretary of Defense shall, acting through the Office of Community Relations of the Department of Defense, submit to Congress a report setting forth a proposal for one or more initiatives between the military departments and appropriate non-Federal entities for public-private partnerships designed to support and enhance the health, safety, welfare, and morale of military families. The initiatives shall be designed to provide the military departments flexibility in the commitment of resources to the partnerships according to the unique requirements of the military departments and the Armed Forces.

(b)

Initiative elements

In identifying appropriate elements for the initiatives described in subsection (a), the Secretary shall take into account the results of the following:

(1)

Two current studies by the Office of the Secretary of Defense on the health, safety, welfare, and morale of military families.

(2)

The public-private partnership initiative of the Department of Veterans Affairs on the health, safety, welfare, and morale of families of veterans.

3057.

Small business activities of military spouses on military installations

(a)

Assessment of small business activity

The Secretary of Defense shall submit to Congress a report setting forth an assessment of the feasibility and advisability of encouraging entrepreneurship among military spouses by permitting military spouses to engage in small business activities on military installations and in partnership with commissaries, exchange stores, and other morale, welfare, and recreation facilities of the Armed Forces.

(b)

Elements

The assessment shall—

(1)

take into account the usage by military spouses of installation facilities, utilities, and other resources in the conduct of small business activities on military installations and such other matters in connection with the conduct of such business activities by military spouses as the Secretary considers appropriate; and

(2)

seek to identify mechanisms to ensure that costs and fees associated with the usage by military spouses of such facilities, utilities, and other resources in connection with such business activities does not meaningfully curtail or eliminate the opportunity for military spouses to profit reasonably from such business activities.

3058.

Report on assessment of frequency of permanent changes of station of members of the Armed Forces on employment among military spouses

(a)

In general

The Secretary of Defense shall submit to Congress a report setting forth an assessment of the effects of the frequency of permanent changes of station (PCS) of members of the Armed Forces on stability of employment among military spouses.

(b)

Elements

The report under subsection (a) shall include the following:

(1)

An assessment of the effects of the frequency of permanent changes of station of members of the Armed Forces on stability of employment among military spouses, including the contribution of frequent permanent changes of station to unemployment or underemployment among military spouses.

(2)

An assessment of the effects of unemployment and underemployment among military spouses on force readiness.

(3)

Such recommendations as the Secretary considers appropriate regarding legislative or administration action to achieve force readiness and stabilization through the minimization of the impacts of frequent permanent changes on stability of employment among military spouses.

IV

Health

4001.

Study on the uninsured

(a)

In general

The Secretary of Health and Human Services (in this section referred to as the Secretary) shall—

(1)

conduct a study, in accordance with the standards under section 3101 of the Public Health Service Act (42 U.S.C. 300kk), on the demographic characteristics of the population of individuals who do not have health insurance coverage;

(2)

include in such study an analysis of the usage by such population of emergency room and urgent care facilities; and

(3)

predict, based on such study, the demographic characteristics of the population of individuals who would remain without health insurance coverage after the end of open enrollment or any special enrollment period.

(b)

Reporting requirements

(1)

In general

Not later than 12 months after the date of the enactment of this Act, the Secretary shall submit to the Congress the results of the study under subsection (a) and the prediction made under subsection (a)(3).

(2)

Reporting of demographic characteristics

The Secretary shall report the demographic characteristics under paragraphs (1), (2), and (3) of subsection (a) on the basis of racial and ethnic group, and shall stratify the reporting on each racial and ethnic group by other demographic characteristics that can impact access to health insurance coverage, such as sexual orientation, gender identity, primary language, disability status, sex, socioeconomic status, age group, and citizenship and immigration status.

4002.

Volunteer dental projects and action for dental health program

Section 317M of the Public Health Service Act (42 U.S.C. 247b–14) is amended—

(1)

by redesignating subsections (e) and (f) as (g) and (h), respectively;

(2)

by inserting after subsection (d), the following:

(e)

Grants To Support Volunteer Dental Projects

(1)

In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to or enter into contracts with eligible entities to obtain portable or mobile dental equipment, and pay for appropriate operational costs, for the provision of free dental services to underserved populations that are delivered in a manner consistent with State licensing laws.

(2)

Eligible entity

In this subsection, the term eligible entity includes a State or local dental association, a State oral health program, a dental education, dental hygiene education, or postdoctoral dental education program accredited by the Commission on Dental Accreditation, and a community-based organization that partners with an academic institution, that—

(A)

is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; and

(B)

offers a free dental services program for underserved populations.

(f)

Action for Dental Health Program

(1)

In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to or enter into contracts with eligible entities to collaborate with State, county, or local public officials and other stakeholders to develop and implement initiatives to accomplish any of the following goals:

(A)

To improve oral health education and dental disease prevention, including community-wide prevention programs, use of dental sealants and fluoride varnish, and increasing oral health literacy.

(B)

To make the health care delivery system providing dental services more accessible and efficient through the development and expansion of outreach programs that will facilitate the establishment of dental homes for children and adults, including the aged, blind, and disabled populations.

(C)

To reduce geographic, language, cultural, and similar barriers in the provision of dental services.

(D)

To help reduce the use of emergency departments by those who seek dental services more appropriately delivered in a dental primary care setting.

(E)

To facilitate the provision of dental care to nursing home residents who are disproportionately affected by lack of care.

(2)

Eligible entity

In this subsection, the term eligible entity includes a State or local dental association, a State oral health program, or a dental education, dental hygiene, or postdoctoral dental education program accredited by the Commission on Dental Accreditation, and a community-based organization that partners with an academic institution, that—

(A)

is exempt from tax under section 501(c) of the Internal Revenue Code of 1986; and

(B)

partners with public and private stakeholders to facilitate the provision of dental services for underserved populations.

; and

(3)

in subsection (h), as redesignated by paragraph (1), by striking fiscal years 2001 through 2005 and inserting fiscal years 2016 through 2020.

4003.

Critical access hospital improvements

(a)

Elimination of isolation test for cost-Based ambulance reimbursement

(1)

In general

Section 1834(l)(8) of the Social Security Act (42 U.S.C. 1395m(l)(8)) is amended—

(A)

in subparagraph (B)—

(i)

by striking owned and; and

(ii)

by inserting (including when such services are provided by the entity under an arrangement with the hospital) after hospital; and

(B)

by striking the comma at the end of subparagraph (B) and all that follows and inserting a period.

(2)

Effective date

The amendments made by this subsection shall apply to services furnished on or after January 1, 2019.

(b)

Provision of a more flexible alternative to the CAH designation 25 inpatient bed limit requirement

(1)

In general

Section 1820(c)(2) of the Social Security Act (42 U.S.C. 1395i–4(c)(2)) is amended—

(A)

in subparagraph (B)(iii), by striking provides not more than and inserting subject to subparagraph (F), provides not more than; and

(B)

by adding at the end the following new subparagraph:

(F)

Alternative to 25 inpatient bed limit requirement

(i)

In general

A State may elect to treat a facility, with respect to the designation of the facility for a cost-reporting period, as satisfying the requirement of subparagraph (B)(iii) relating to a maximum number of acute care inpatient beds if the facility elects, in accordance with a method specified by the Secretary and before the beginning of the cost reporting period, to meet the requirement under clause (ii).

(ii)

Alternate requirement

The requirement under this clause, with respect to a facility and a cost-reporting period, is that the total number of inpatient bed days described in subparagraph (B)(iii) during such period will not exceed 7,300. For purposes of this subparagraph, an individual who is an inpatient in a bed in the facility for a single day shall be counted as one inpatient bed day.

(iii)

Withdrawal of election

The option described in clause (i) shall not apply to a facility for a cost-reporting period if the facility (for any two consecutive cost-reporting periods during the previous 5 cost-reporting periods) was treated under such option and had a total number of inpatient bed days for each of such two cost-reporting periods that exceeded the number specified in such clause.

.

(2)

Effective date

The amendments made by paragraph (1) shall apply to cost-reporting periods beginning on or after the date of the enactment of this Act.

4004.

Community health center collaborative access expansion

Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended by adding at the end the following:

(s)

Miscellaneous Provisions

(1)

Rule of construction with respect to rural health clinics

Nothing in this section shall be construed to prevent a community health center from contracting with a federally certified rural health clinic (as defined by section 1861(aa)(2) of the Social Security Act) for the delivery of primary health care and other mental, dental, and physical health services that are available at the rural health clinic to individuals who would otherwise be eligible for free or reduced cost care if that individual were able to obtain that care at the community health center. Such services may be limited in scope to those primary health care and other mental, dental, and physical health services available in that rural health clinic.

(2)

Enabling services

To the extent possible, enabling services such as transportation and translation assistance shall be provided by rural health clinics described in paragraph (1).

(3)

Assurances

In order for a rural health clinic to receive funds under this section through a contract with a community health center for the delivery of primary health care and other services described in paragraph (1), such rural health clinic shall establish policies to ensure—

(A)

nondiscrimination based upon the ability of a patient to pay;

(B)

the establishment of a sliding fee scale for low-income patients; and

(C)

any such services should be subject to full reimbursement according to the Prospective Payment System scale.

.

4005.

Improving opportunity diaper distribution demonstration project

Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:

399V–7.

Diaper distribution demonstration project

(a)

In general

The Secretary, acting through the Administration for Children and Families, shall make grants to eligible entities to conduct demonstration projects that implement and evaluate strategies to help families with eligible children to address the diapering needs of such children.

(b)

Use of Funds

Amounts provided through a grant under this section shall be used to—

(1)

fund diaper distribution demonstration projects that will reduce the substantial cost of diapers and diapering supplies by making diapers and diapering supplies available to low-income families;

(2)

evaluate the effects of such demonstration projects on mitigating health risks, including diaper dermatitis, urinary tract infections, and increased rates of parental and child depression and anxiety, that can arise when low-income families do not have an adequate supply of diapers for infants and toddlers; and

(3)

integrate the diaper distribution demonstration projects with other assistance programs serving families with eligible children.

(c)

Application

An entity desiring a grant under this section shall submit to the Secretary an application that includes such information as the Secretary may require to ensure a likelihood of success in achieving the purposes of the grant listed in subsection (b).

(d)

Eligible entities

To be eligible to receive a grant under this section, an entity shall be—

(1)

a State or local governmental entity;

(2)

an Indian tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act); or

(3)

a nonprofit organization as described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.

(e)

No effect on other programs

Any assistance or benefits provided to a family pursuant to a grant under this section shall be disregarded for purposes of determining the family’s eligibility for, or amount of, benefits under—

(1)

any other Federal need-based program; or

(2)

in the case of a grant under this section to a State, any State-funded, need-based program that is financed in whole or in part with Federal funds.

(f)

Reports

As a condition of receiving a grant under this section for a fiscal year, an entity shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies—

(1)

the number of children and the number of families receiving assistance under the diaper distribution demonstration projects funded through such grant for each month of the fiscal year;

(2)

the number of diapers, and the number of each type of diapering supply distributed through such projects for each month of the fiscal year;

(3)

the method or methods the entity uses to distribute diapers and diapering supplies through such projects; and

(4)

such other information as the Secretary may require.

(g)

Evaluation

The Secretary, in consultation with each entity that receives a grant under this section, shall—

(1)

not later than September 30, 2019—

(A)

complete an evaluation of the effectiveness of the diaper distribution demonstration projects carried out pursuant to this section;

(B)

submit to the relevant congressional committees a report on the results of such evaluation; and

(C)

publish the results of the evaluation on the Internet Web site of the Department of Health and Human Services; and

(2)
(A)

not later than September 30, 2022, update the evaluation described in paragraph (1)(A); and

(B)

not later than 90 days after completion of the updated evaluation under subparagraph (B)—

(i)

submit to the relevant congressional committees a report describing the results of such evaluation; and

(ii)

update the Web site described in paragraph (1)(C) to include the results of such evaluation.

(h)

Definitions

In this section:

(1)

The term diaper means an absorbent garment that is washable or disposable that is worn by a child who is not toilet-trained.

(2)

The term diapering supplies means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash.

(3)

The term eligible child means a child who—

(A)

is not toilet-trained;

(B)

has not attained 4 years of age, unless the entity determines that the child has a substantial physical or mental impairment that requires the child to wear diapers; and

(C)

is a member of a family whose income is not more than 130 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved.

(4)

The term toilet-trained means able and willing to use a toilet consistently such that diapers are not necessary on a daily basis.

(i)

Authorization of appropriations

(1)

In general

To carry out this section, there is authorized to be appropriated for each of fiscal years 2018 through 2022, $25,000,000.

(2)

Availability of funds

Funds provided to an entity under this section for a fiscal year may be expended only in the fiscal year or the succeeding fiscal year.

.

4006.

Findings

Congress finds the following:

(1)

Environmental injustice exists whenever governmental action or inaction causes environmental risks or harms to fall unfairly and disproportionately upon a particular group or community.

(2)

Racial minority, low-income, rural, indigenous, and other often-marginalized communities are especially likely to face environmental injustice.

(3)

Limited resources and lack of political power ensure that marginalized communities host pollution-producing or potentially toxic facilities, including power plants, pipelines, industrial sites, garbage transfer stations, incinerators, landfills, and sewage treatment plants, at disproportionate rates.

(4)

Marginalized communities suffer from systemic governmental failures to adequately invest in the kind of infrastructure and services that reduce the risk of environmental accidents or disasters, and that facilitate swift, effective responses to such occurrences.

(5)

The presence of pollution-producing sites can compromise public health, safety, property values, and quality of life even if no accident or disaster occurs.

(6)

Air and water quality are often especially poor in marginalized communities, and governmental permitting and investment decisions directly contribute to this inequity.

(7)

Scientific evidence increasingly links poor environmental quality with disabilities and chronic illnesses, including cancer, asthma, neurobehavioral disorders, learning disabilities, and abnormal hormone functioning.

(8)

Environmental justice exists when public policies successfully prevent or correct unfair disparities in environmental quality, and resultant disparities in public health and quality of life.

(9)

Environmental justice is possible only if vulnerable groups and marginalized communities can express their needs and concerns, and only then if policymakers listen.

(10)

The environmental justice movement seeks to address the unjust social, economic, and political marginalization of minority, low-income, rural, and indigenous communities.

(11)

Environmental justice advocates seek healthy home, work, and recreational environments for all human beings, and healthy habitats for non-human life.

(12)

Community health depends in part upon factors like adequate transit options, walkable neighborhoods, and other public goods that marginalized communities are often denied.

(13)

Environmental justice requires responsible and balanced use of land and resources, in a way that does not unfairly burden marginalized communities.

(14)

Environmental justice can only be achieved and sustained in the context of a greener economy.

(15)

Greening the economy requires concrete governmental actions, including investments in clean technologies; in sustainable, low-carbon transportation and energy production systems; and in workforce training initiatives that prepare citizens for well-paying jobs in new or evolving industries.

(16)

Environmental justice requires fair processes and a good-faith approach to public policy, including regulatory decision making.

(17)

In the 1990s, in response to the environmental justice movement, Federal agencies were directed to incorporate environmental justice goals into their programs and activities.

(18)

Vulnerable populations and marginalized communities continue urgently to need fairer environmental policies, and more inclusive and equitable processes.

(19)

All Americans would be better served by a policymaking process that did not unfairly prioritize the comfort and health of some groups or communities at the expense of others.

(20)

Clean air, clean water, resource conservation, and other policy goals that spurred lawmakers to enact existing environmental and public health protections are vitally important.

(21)

The need for adequate environmental and public health protections is inextricably linked with the need for a more sustainable economy and greener, more livable communities.

(22)

Environmental and public health policies should adequately and equally protect all Americans, and that equal protection is possible only in a context of environmental justice.

(23)

Environmental justice advocates are commendable for their continuing struggle to achieve fairer, healthier, more sustainable policies and outcomes.

(24)

There is a prevalence of environmental injustices that directly affect the health and well-being of individuals and communities across the country, especially racial minority, rural, indigenous, and low-income communities.

(25)

Congress should commit to ameliorating existing environmental injustices, and to preventing future injustices, by supporting greater objectivity, transparency, and outreach in policymaking at all levels of government; by supporting improved two-way communication between policymakers and those affected by their decisions; and by supporting processes that ensure policymakers give due consideration not just to the effects of their decisions, but to how those effects are distributed and by whom they are borne.

4007.

Findings

Congress finds the following:

(1)

Endometrial cancer is cancer of the lining of the uterus (or endometrium) and is the most common form of uterine cancer.

(2)

Endometrial cancer is the fourth most common cancer diagnosed in women, after breast, lung, and colon cancer.

(3)

Endometrial cancer mainly affects postmenopausal women, with most women diagnosed between age 55 and 64.

(4)

Women with polycystic ovary syndrome (PCOS) have an increased risk of developing endometrial cancer.

(5)

Unlike most other types of cancer, the incidence of endometrial cancer, particularly aggressive subtypes of such cancer, has been increasing in the United States among all women, particularly among African-American and Asian women, with a 2.5 annual percent change for both groups.

(6)

In comparison to non-Hispanic White women, African-American women have significantly higher incidence rates of aggressive endometrial cancers.

(7)

Such incidence rates for Hispanic and Asian women are equal to or lower than such incidence rates for non-Hispanic White women.

(8)

Although non-Hispanic White women are more likely to be diagnosed with endometrial cancer in comparison to African-American women, the rate of mortality is higher for African-American women.

(9)

Currently, the cause of such disparity is unknown. Researchers have studied the disparity in relation to the time between diagnosis and treatment of endometrial cancer, including socioeconomic factors.

4008.

Expanding research and education with respect to endometrial cancer

(a)

National Institutes of Health

Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following new section:

409K.

Endometrial cancer

(a)

In general

The Director of NIH shall—

(1)

expand, intensify, and coordinate programs to conduct and support research with respect to endometrial cancer; and

(2)

communicate to medical professionals and researchers, including through the endometrial cancer public education program established under section 399V–7, the disparity in the diagnosis of endometrial cancer between African-American women and non-Hispanic White women and any new research relating to endometrial cancer.

(b)

Coordination with other Institutes

The Director of NIH shall coordinate activities carried out by the Director pursuant to subsection (a) with similar activities carried out by—

(1)

the Director of the Eunice Kennedy Shriver National Institute of Child Health and Human Development;

(2)

the Director of the National Institute on Minority Health and Health Disparities; and

(3)

the Director of the Office of Research on Women’s Health.

(c)

Authorization of appropriations

For purposes of carrying out this section, there is authorized to be appropriated $500,000 for each of fiscal years 2019 through 2021.

.

(b)

Centers for Disease Control and Prevention

Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following new section:

399V–7.

Endometrial cancer public education program

(a)

In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public informational materials on endometrial cancer, including the incidence rate of such cancer, the risk factors for developing such cancer, the increased risk for ethnic minority women to develop such cancer, and the range of available treatments for such cancer. Any informational material developed pursuant to the previous sentence may be transmitted to a nonprofit organization; institution of higher education; Federal, State, or local agency; or media entity for purposes of disseminating such material to the public.

(b)

Consultation

In developing and disseminating informational materials under subsection (a), the Director of the Centers for Disease Control and Prevention shall consult with the Administrator of the Health Resources and Services Administration.

(c)

Authorization of appropriations

For purposes of carrying out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2019 through 2021.

.

V

Small Business

5001.

Direct loans to small business concerns

(a)

In general

From amounts appropriated pursuant to subsection (e), the Administrator of the Small Business Administration shall establish a program to make direct loans to small business concerns (as defined under section 3 of the Small Business Act (15 U.S.C. 632)).

(b)

Amount

Loans made under this section shall be in an amount not greater than the lesser of—

(1)

5 percent of the annual revenue of the small business concern requesting the loan; or

(2)

$250,000.

(c)

Interest rate

The interest rate on a loan made under this section shall be equal to the discount window primary credit interest rate most recently published on the Federal Reserve Statistical Release on selected interest rates (daily or weekly), commonly referred to as the H.15 release.

(d)

Report

The Administrator of the Small Business Administration shall submit a report to Congress on the implementation and results of the program established under this section.

(e)

Authorization of appropriations

There are authorized to be appropriated $25,000,000 for each of fiscal years 2018 to 2022.

5002.

Pilot program to fund local incubators

(a)

Establishment

The Secretary of Commerce shall establish a competitive program to make grants to States and political subdivisions of States to partner with local incubators in order to provide start-ups with workspace and other resources for use in developing their businesses.

(b)

Eligibility

The Secretary may only award a grant under this section to a State or political subdivision of a State that submits an application at such time, in such form, and with such information and assurances as the Secretary may require, including an identification of one or more incubators with which the State or political subdivision will partner in implementing the grant.

(c)

Limitations

(1)

One grant per State or political subdivision

A State or political subdivision of a State may not receive more than one grant under this section. For purposes of the preceding sentence, a grant received by a State shall not be considered to be received by a political subdivision of the State, and a grant received by a political subdivision of a State shall not be considered to be received by the State.

(2)

Amount of grant

A grant awarded under this section may not exceed $500,000.

(d)

Use of funds

(1)

In general

A State or political subdivision of a State that receives a grant under this section shall use grant funds to partner with one or more incubators located within the territory of such State or political subdivision in order to provide start-ups with workspace and other resources for use in developing their businesses. The partnership may take such form as the Secretary considers appropriate, including one or more subgrants from the State or political subdivision to the incubator or incubators.

(2)

Specific expenses included

Grant funds may be used for any expense incurred in order to provide start-ups with workspace and other resources for use in developing their businesses, including—

(A)

purchase or rental of land;

(B)

modification of buildings;

(C)

charges for utility services or broad­band service;

(D)

fees of consultants for the provision of technical or professional assistance;

(E)

costs of promoting the incubator or incubators; and

(F)

any other such expense that the Secretary considers appropriate.

(e)

Matching requirement

A State or political subdivision of a State may not partner with an incubator (or group of incubators) in implementing a grant under this section unless the incubator (or group of incubators) agrees that, with respect to the expenses to be incurred in carrying out activities within the scope of the partnership, the incubator (or group of incubators) will make available from private funds contributions in an amount equal to not less than 50 percent of the amount made available by the State or political subdivision from grant funds under this section.

(f)

Report to Congress

Not later than 180 days after the end of fiscal year 2021, the Secretary shall submit to Congress a report on the results achieved by the grant program established under this section. Such report shall include recommendations of the Secretary with respect to extending, expanding, or improving the program.

(g)

Definitions

In this section:

(1)

Incubator

The term incubator means a private-sector entity that—

(A)

provides start-ups with workspace and other resources (such as utilities, broadband service, and technical or professional assistance) for use in developing their businesses; and

(B)

may charge start-ups a reasonable fee for such resources.

(2)

Secretary

The term Secretary means the Secretary of Commerce.

(3)

Start-up

The term start-up means any business entity (including an individual operating an unincorporated business) that, as of the time the entity receives resources from an incubator—

(A)

has been in operation for not more than 5 years;

(B)

has not more than 5 employees; and

(C)

for the most recently completed fiscal year of the entity (if any) and any preceding fiscal year, has annual gross revenues of less than $150,000.

(4)

State

The term State means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian tribe.

(h)

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this section $5,000,000, of which not more than 5 percent shall be available for the costs of administering the grant program established under this section, for each of the fiscal years 2018 through 2022.

5003.

Funding for organizations that support startup businesses

(a)

Findings

Congress finds that—

(1)

startups face common challenges as they seek to transform their ideas into successful, high-growth businesses;

(2)

incubators and accelerators are new models of growth that drive innovation by connecting entrepreneurial individuals and teams to create viable business ventures and social initiatives;

(3)

startups have contributed greatly to the United States economy, with research showing that between 1982 and 2011, businesses 5 years or younger were responsible for nearly every net new job created;

(4)

incubators and accelerators support promising startups through partnerships, mentoring, and resources connecting them with seasoned entrepreneurs;

(5)

the goal of an incubator or an accelerator is to help create and grow young businesses by providing them with necessary financial, technical, and industry support and financial and technical services; and

(6)

startups offer unique opportunities for growth and development for women, minority, and veterans to become successful entrepreneurs and leaders in new and developed fields.

(b)

Funding for organizations that support startup businesses

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1)

by redesignating section 47 (15 U.S.C. 631 note) as section 48; and

(2)

by inserting after section 46 the following:

47.

Funding for organizations that support startup businesses

(a)

Definitions

In this section—

(1)

the term accelerator means an organization that—

(A)

frequently provides, but is not exclusively designed to provide, seed investment in exchange for a small amount of equity;

(B)

works with a startup for a predetermined amount of time;

(C)

provides mentorship and instruction to scale businesses; or

(D)

offers startup capital or the opportunity to raise capital from outside investors;

(2)

the term eligible entity means an organization—

(A)

that is located in the United States;

(B)

the primary purpose of which is to support new small business concerns; and

(C)

that is often classified as an accelerator;

(3)

the term new small business concern means a small business concern that has been in operation for not more than 5 years;

(4)

the term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given the term in section 8(d)(3)(C); and

(5)

the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

(b)

Funding

(1)

In general

Not later than 1 year after the date of enactment of this section, the Administrator shall develop and begin implementing a program to award cash prizes or grants of not more than $50,000 to eligible entities to support new small business concerns.

(2)

Use of funds

A prize or grant under this section—

(A)

may be used for construction costs, space acquisition, and programmatic purposes; and

(B)

may not be used to provide capital or professional services to new small business concerns directly or through the subaward of funds.

(3)

Disbursal of funds

In disbursing funds under this section, the Administrator may use incremental or scheduled payments.

(c)

Application

(1)

In general

An eligible entity desiring a prize or grant under this section shall demonstrate that the eligible entity will use the prize or grant to provide assistance to not less than 10 new small business concerns per year.

(2)

Requirements

In soliciting applications and awarding prizes or grants to eligible entities under this section, the Administrator shall employ a streamlined and inclusive approach that—

(A)

widely publicizes funding opportunities to a broad audience;

(B)

utilizes an easily accessible submission process or platform;

(C)

does not mandate the use of forms, detailed budgets, supporting documentation, or written submissions or impose other burdensome requirements;

(D)

focuses on solution-based approaches and results-based outcomes;

(E)

encourages innovation; and

(F)

allows proposals or pitches to be presented using various formats or media.

(d)

Criteria

The Administrator shall establish criteria for a prize or grant under this section that shall give priority to eligible entities that are providing or plan to provide to new small business concerns—

(1)

office, manufacturing, or warehouse space, including appropriate operations infrastructure;

(2)

access to capital either directly from the eligible entity (using amounts other than the amounts provided under the prize or grant) or through guidance and contacts for acquiring capital from outside investors;

(3)

access to professional services either directly from the eligible entity (using amounts other than the amounts provided under the prize or grant) or through guidance and contacts for acquiring professional services, including accounting and legal services; or

(4)

a formal structured mentorship or developmental program that assists new small business concerns with building business skills and competencies.

(e)

Considerations in choosing recipients

In determining whether to award a prize or grant under this section to an eligible entity, the Administrator shall take into account—

(1)

for eligible entities that have in operation a program to support new small business concerns, the record of the eligible entity in assisting new small business concerns, including, for each of the 3 full years before the date on which the eligible entity applies for a prize or grant under this section—

(A)

the retention rate of new small business concerns in the program of the eligible entity;

(B)

the average period of participation by new small business concerns in the program of the eligible entity;

(C)

the total, average, and median capital raised by new small business concerns participating in the program of the eligible entity; and

(D)

the total, average, and median number of employees of new small business concerns participating in the program of the eligible entity;

(2)

for all eligible entities—

(A)

the number of new small business concerns assisted or anticipated to be assisted by the eligible entity;

(B)

the number of new small business concerns applying or anticipated to apply for assistance from the eligible entity;

(C)

whether the program of the eligible entity provides or would provide assistance to individuals in gender, racial, or ethnic groups underrepresented by existing programs to assist new small business concerns; and

(D)

other metrics determined appropriate by the Administrator;

(3)

the need in the geographic area to be served by the program to be carried out using the prize or grant for additional assistance for new small business concerns, if the area has sufficient population density, as determined by the Administrator;

(4)

the level of experience of the entrepreneurial leadership of the eligible entity;

(5)

the ability of the eligible entity to use and leverage local strengths, including human resources, infrastructure, and educational institutions; and

(6)

the desire to promote diversity in entrepreneurship by ensuring that not less than 50 percent of prizes or grants shall be awarded annually to—

(A)

accelerators located in geographically underserved areas; or

(B)

accelerators serving—

(i)

Native Americans;

(ii)

small business concerns owned and controlled by socially and economically disadvantaged individuals;

(iii)

individuals participating in the Transition Assistance Program of the Department of Defense;

(iv)

individuals who—

(I)

served on active duty in any branch of the Armed Forces, including the National Guard and Reserves; and

(II)

were discharged or released from such service under conditions other than dishonorable;

(v)

individuals with disabilities;

(vi)

women; and

(vii)

formerly incarcerated individuals.

(f)

Matching nonpublic funding requirement

(1)

In general

An eligible entity receiving a prize or grant under this section shall obtain funds from a private individual or entity (including a for-profit or nonprofit entity) that are—

(A)

for the same purposes as a prize or grant may be made under this section;

(B)

used to carry out the program of the eligible entity carried out using the prize or grant under this section; and

(C)

in an amount that is not to be less than 50 percent of the amount of the prize or grant under this section.

(2)

Form of non-Federal share

Not more than 25 percent of the funds obtained under paragraph (1) may be in the form of in-kind contributions.

(g)

Consequences of failure To abide by terms and conditions of prize or grant requirements of this section

The Administrator shall notify each eligible entity receiving a prize or grant under this section that failure to abide by the terms and conditions of the prize or grant or the requirements of this section may, in the discretion of the Administrator and in addition to any other civil or criminal consequences, result in the Administrator withholding payments or ordering the eligible entity to return the prize or grant funds.

(h)

Annual progress reporting by recipients of prize or grant

Each eligible entity receiving a prize or grant under this section shall submit to the Administrator an annual report on the progress of the program carried out using the amounts received under the prize or grant, including—

(1)

the number of new small business concerns participating in the program during each of the previous 3 years;

(2)

the number of new small business concerns applying to participate in the program during each of the previous 3 years;

(3)

the retention rate of new small business concerns in the program;

(4)

the average period of participation in the program by new small business concerns;

(5)

the total, average, and median capital raised by new small business concerns participating in the program;

(6)

the total, average, and median number of employees of new small business concerns participating in the program;

(7)

the number of new small business concerns owned and controlled by—

(A)

Native Americans;

(B)

socially and economically disadvantaged individuals;

(C)

individuals participating in the Transition Assistance Program of the Department of Defense;

(D)

individuals who—

(i)

served on active duty in any branch of the Armed Forces, including the National Guard and Reserves; and

(ii)

were discharged or released from such service under conditions other than dishonorable;

(E)

women; and

(F)

formerly incarcerated individuals; and

(8)

other metrics determined appropriate by the Administrator.

(i)

Report to congress

The Administrator shall submit to Congress an annual report on the program under this section, which shall include an assessment of the effectiveness of the program, including an assessment based on the metrics listed in subsection (h).

(j)

Coordination with other small business administration programs

The Administrator shall take appropriate action to encourage eligible entities receiving a prize or grant under this section to use and incorporate other programs of the Administration, such as small business development centers, small business investment companies, loans under section 7(a), and assistance under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.).

(k)

Coordination with the Department of Veterans Affairs

In consultation with the Secretary of Veteran Affairs, the Administrator shall make available outreach materials regarding the opportunities for veterans within the program under this section for distribution and display at local facilities of the Department of Veterans Affairs.

(l)

Listing on website

The Administrator shall include a list of eligible entities receiving a prize or grant under this section on the website of the Administration.

(m)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $6,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this section.

.

5004.

Expanding broadcast ownership opportunities

(a)

FCC reports to Congress

(1)

Biennial report containing recommendations for increasing number of minority- and women-owned broadcast stations

Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report containing recommendations for how to increase the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women.

(2)

Biennial report on number of minority- and women-owned broadcast stations

Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 2 years thereafter, the Commission shall submit to Congress a report that states the total number of broadcast stations that are owned or controlled by members of minority groups or women, or by both members of minority groups and women, based on data reported to the Commission on Form 323.

(b)

Tax certificate program for broadcast station transactions furthering ownership by socially and economically disadvantaged individuals

(1)

Requirements for issuance of certificate by FCC

(A)

In general

Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:

344.

Tax certificate program for broadcast station transactions furthering ownership by socially and economically disadvantaged individuals

(a)

Issuance of certificate by Commission

Upon application by a person who engages in a sale of an interest in a broadcast station described in subsection (b), subject to the rules adopted by the Commission under subsection (c), the Commission shall issue to such person a certificate stating that such sale meets the requirements of this section.

(b)

Sales described

The sales described in this subsection are the following:

(1)

Sale resulting in ownership by socially and economically disadvantaged individuals

A sale—

(A)

of an interest in a broadcast station that, before such sale, is not owned by socially and economically disadvantaged individuals; and

(B)

that results in the station being owned by socially and economically disadvantaged individuals.

(2)

Sale by investor in station owned by socially and economically disadvantaged individuals

In the case of a person who has contributed capital in exchange for an interest in a broadcast station that is owned by socially and economically disadvantaged individuals, a sale by such person of some or all of such interest.

(c)

Rules

The Commission shall adopt rules for the issuance of a certificate under subsection (a) that provide for the following:

(1)

Limit on value of sale

A limit on the value of an interest the sale of which qualifies for the issuance of such a certificate.

(2)

Minimum holding period

In the case of a sale described in subsection (b)(1), a minimum period following the sale during which the broadcast station must remain owned by socially and economically disadvantaged individuals.

(3)

Cumulative limit on number or value of sales

A limit on the total number of sales or the total value of sales, or both, for which a person may be issued certificates under subsection (a).

(4)

Participation in station management by socially and economically disadvantaged individuals

Requirements for participation by socially and economically disadvantaged individuals in the management of the broadcast station.

(d)

Annual report to Congress

The Commission shall submit to Congress an annual report describing the sales for which certificates have been issued under subsection (a) during the period covered by the report.

(e)

Definitions

In this section:

(1)

Owned by socially and economically disadvantaged individuals

The term owned by socially and economically disadvantaged individuals means, with respect to a broadcast station, that—

(A)

such station is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned broadcast station, at least 51 percent of the stock of such station is owned by one or more socially and economically disadvantaged individuals; and

(B)

the management and daily business operations of such station are controlled by one or more of such individuals.

(2)

Socially and economically disadvantaged individual

The term socially and economically disadvantaged individual means an individual who is socially and economically disadvantaged. The Commission shall presume that socially and economically disadvantaged individuals include—

(A)

Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, and other minorities; and

(B)

women.

(3)

Socially disadvantaged individual

The term socially disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias because of the identity of the individual as a member of a group without regard to the individual qualities of the individual.

(4)

Economically disadvantaged individual

The term economically disadvantaged individual means a socially disadvantaged individual whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Commission shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individual.

.

(B)

Deadline for adoption of rules

The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by subparagraph (A), not later than 1 year after the date of the enactment of this Act.

(C)

Report to Congress on program expansion

Not later than 6 years after the date of the enactment of this Act, the Commission shall submit to Congress a report regarding whether Congress should expand section 344 of the Communications Act of 1934, as added by subparagraph (A), beyond broadcast stations to cover other entities regulated by the Commission.

(D)

Report to Congress on nexus between diversity of ownership and diversity of viewpoint

Not later than 6 years after the date of the enactment of this Act, and not less frequently than every 5 years thereafter until the amendments made by this section cease to apply in accordance with paragraph (4), the Commission shall submit to Congress a report, including supporting data, on whether there is a nexus between diversity of ownership or control of broadcast stations (including ownership or control by members of minority groups or women, or by both members of minority groups and women) and diversity of the viewpoints expressed in the matter broadcast by broadcast stations.

(2)

Nonrecognition of gain or loss for tax purposes

(A)

In general

Subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after part IV the following new part:

V

Sale of interest in certain broadcast stations.

1071.

Nonrecognition of gain or loss from sale of interest in certain broadcast stations

(a)

Nonrecognition of Gain or Loss

If a sale of an interest in a broadcast station, within the meaning of section 344 of the Communications Act of 1934, is certified by the Federal Communications Commission under such section, such sale shall, if the taxpayer so elects, be treated as an involuntary conversion of such property within the meaning of section 1033. For purposes of such section as made applicable by the provisions of this section, stock of a corporation operating a broadcast station shall be treated as property similar or related in service or use to the property so converted. The part of the gain, if any, on such sale to which section 1033 is not applied shall nevertheless not be recognized, if the taxpayer so elects, to the extent that it is applied to reduce the basis for determining gain or loss on any such sale, of a character subject to the allowance for depreciation under section 167, remaining in the hands of the taxpayer immediately after the sale, or acquired in the same taxable year. The manner and amount of such reduction shall be determined under regulations prescribed by the Secretary. Any election made by the taxpayer under this section shall be made by a statement to that effect in his return for the taxable year in which the sale takes place, and such election shall be binding for the taxable year and all subsequent taxable years.

(b)

Minimum holding period; continued management

If—

(1)

there is nonrecognition of gain or loss to a taxpayer under this section with respect to a sale of property (determined without regard to this paragraph), and

(2)

the taxpayer ceases to fulfill any requirements of the rules adopted by the Federal Communications Commission under paragraph (2) or (4) of section 344(c) of the Communications Act of 1934 (as such rules are in effect on the date of such sale),

there shall be no nonrecognition of gain or loss under this section to the taxpayer with respect to such sale, except that any gain or loss recognized by the taxpayer by reason of this subsection shall be taken into account as of the date on which the taxpayer so ceases to fulfill such requirements.
(c)

Basis

For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(b).

.

(B)

Clerical amendment

The table of parts for subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to part IV the following new part:

Part V—Sale of interest in certain broadcast stations

Section 1071. Nonrecognition of gain or loss from sale of interest in certain broadcast stations.

.

(3)

Effective date

The amendments made by this subsection shall apply with respect to sales of interests in broadcast stations after the date that is 1 year after the date of the enactment of this Act.

(4)

Sunset

The amendments made by this subsection shall not apply with respect to sales of interests in broadcast stations after the date that is 16 years after the date of the enactment of this Act.

(c)

Incubator pilot program

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Commission shall establish a program under which the Commission may grant a waiver of paragraph (a) or (b) of section 73.3555 of title 47, Code of Federal Regulations, to a licensee of a broadcast station to enable the licensee to acquire an interest that would otherwise be prohibited by such paragraph in a broadcast station that is owned by socially and economically disadvantaged individuals.

(2)

Report to Congress

The Commission shall submit to Congress a report on the effectiveness of the program established under paragraph (1) not later than the date that is 4 years after the date on which the Commission establishes the program under such paragraph.