Sec. 10101 Short title
This subtitle may be cited as the “Improving Corporate Governance Through Diversity Act of 2020”.
Division A — Jobs
A Jobs
I Main Street Marshall Plan
A In General
Sec. 10102 Submission of data relating to diversity by issuers
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) Definitions—In this subsection—
“(A) the term “executive officer” has the meaning given the term in section 230.501(f) of title 17, Code of Federal Regulations, as in effect on the date of enactment of this subsection; and
“(B) the term “veteran” has the meaning given the term in section 101 of title 38, United States Code.
“(2) Submission of disclosure—Each issuer required to file an annual report under subsection (a) shall disclose in any proxy statement and any information statement relating to the election of directors filed with the Commission the following:
“(A) Data, based on voluntary self-identification, on the racial, ethnic, and gender composition of—
“(i) the board of directors of the issuer;
“(ii) nominees for the board of directors of the issuer; and
“(iii) the executive officers of the issuer.
“(B) The status of any member of the board of directors of the issuer, any nominee for the board of directors of the issuer, or any executive officer of the issuer, based on voluntary self-identification, as a veteran.
“(C) Whether the board of directors of the issuer, or any committee of that board of directors, has, as of the date on which the issuer makes a disclosure under this paragraph, adopted any policy, plan, or strategy to promote racial, ethnic, and gender diversity among—
“(i) the board of directors of the issuer;
“(ii) nominees for the board of directors of the issuer; or
“(iii) the executive officers of the issuer.
“(3) Alternative submission—In any 1-year period in which an issuer required to file an annual report under subsection (a) does not file with the Commission a proxy statement relating to the election of directors or an information statement, the issuer shall disclose the information required under paragraph (2) in the first annual report of issuer that the issuer submits to the Commission after the end of that 1-year period.
“(4) Best practices
“(A) In general—The Director of the Office of Minority and Women Inclusion of the Commission shall, not later than the end of the 3-year period beginning on the date of the enactment of this subsection and every three years thereafter, and in consultation with the advisory council established pursuant to subparagraph (C), publish best practices for compliance with this subsection.
“(B) Comments—The Director of the Office of Minority and Women Inclusion of the Commission may, pursuant to subchapter II of chapter 5 of title 5, United States Code, solicit public comments related to the best practices published under subparagraph (A).
“(C) Advisory Committee—The Director of the Office of Minority and Women Inclusion of the Commission shall, pursuant to the Federal Advisory Committee Act, establish an advisory council, that includes issuers and investors, to advise on the best practices published under subparagraph (A).”
B Infrastructure spending bills to include development programs that recruit and train individuals from communities with high unemployment rates
Sec. 10201 Findings
The Congress finds the following:
America would need to spend approximately $1.44 trillion over the next 10 years to close the infrastructure gap.
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.
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.
Infrastructure jobs provide competitive wages with low barriers to entry, many of which require on-the-job training in lieu of formal higher education.
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.
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.
The unemployment rate for military veterans serving in conflicts since September 11, 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.
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.
Sec. 10202 Sense of Congress
It is the sense of Congress that—
any infrastructure spending bill enacted during the 116th 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;
any infrastructure spending bill enacted during the 116th 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 11, 2001; and
any infrastructure spending bill enacted during the 116th Congress should include meaningful outreach efforts geared toward underrepresented 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.
C Drinking Water Infrastructure for Job Creation
Sec. 10301 Short title
This subtitle may be cited as the “Drinking Water Infrastructure for Job Creation Act”.
Sec. 10302 Findings
Congress finds the following:
Investments in infrastructure create jobs while fulfilling critical needs in communities throughout the United States.
According to the Brookings Institution, nearly 14.5 million workers—11 percent of the U.S. workforce—were employed in infrastructure jobs in 2013.
According to data from the Brookings Institution, infrastructure occupations often provide more competitive and equitable wages in comparison to all jobs nationally, consistently paying up to 30 percent more to low-income workers.
The American Society of Civil Engineers gave the infrastructure of the United States an overall grade of “D+” in 2017 and estimated that the United States will need to invest $4.59 trillion by 2025 in order to improve the condition of the Nation’s infrastructure and bring it to a state of good repair.
The American Society of Civil Engineers assigned a “D” grade to the Nation’s drinking water infrastructure and a “D+” grade to the Nation’s wastewater infrastructure and estimated that the United States will need to invest $150 billion by 2025 to bring them to a state of good repair.
According to the American Society of Civil Engineers, there are an estimated 240,000 water main breaks per year in the United States, wasting over two trillion gallons of treated drinking water.
In 2016, the U.S. Environmental Protection Agency (EPA) reported that although exposure to lead can cause serious health problems, including damage to the brain and nervous system in children and kidney problems and high blood pressure in adults, an estimated 6.5 to 10 million homes nationwide receive drinking water through lead service lines.
Congress created the Drinking Water State Revolving Funds in 1996 to help eligible public water systems finance infrastructure projects in order to comply with Federal drinking water regulations and meet the health objectives of the Safe Drinking Water Act.
The EPA is required periodically to conduct a survey of the capital improvement needs of eligible public water systems and distribute funding appropriated for the Drinking Water State Revolving Funds among the States based on the results of the most recent survey.
In March of 2018, the EPA issued the 2015 Drinking Water Needs Survey and Assessment, which is the most recent survey of the capital improvement needs of eligible public water systems and which estimated that $472.6 billion in improvements are needed for the Nation’s drinking water infrastructure over 20 years in order to ensure the safety of drinking water.
In fiscal year 2018, Congress appropriated $1.163 billion for the Drinking Water State Revolving Funds to enable States to provide grants and financing assistance to eligible public water systems in order to improve drinking water infrastructure in communities throughout the United States.
Past appropriations for the Drinking Water State Revolving Funds are not sufficient to address the tremendous need for investments in drinking water infrastructure in communities throughout the United States.
Appropriating $7.5 billion in fiscal year 2019 for the Drinking Water State Revolving Funds, and allowing the funds to remain available for 6 years, will enable States to begin immediately to expand investments in drinking water infrastructure in communities throughout the United States.
Restricting appropriations for the Drinking Water State Revolving Funds through the use of arbitrary budget caps or sequestration undermines economic recovery and job creation efforts; disrupts planning by States, local communities, and eligible public water systems; and leaves critical infrastructure needs unmet.
Emergency supplemental appropriations for the Drinking Water State Revolving Funds, provided in addition to other appropriations and not subject to sequestration, will improve drinking water infrastructure and create jobs throughout the United States without reducing funding for other domestic priorities.
An emergency supplemental appropriation of $7.5 billion for the Drinking Water State Revolving Funds to be made available in fiscal year 2019, and to remain available for 6 years, will allow States to begin immediately to distribute funds to eligible public water systems and allow local communities and eligible public water systems to develop and implement plans to improve drinking water infrastructure, thus ensuring an efficient use of funds and timely job creation.
Sec. 10303 Supplemental appropriations for the Drinking Water State Revolving Funds
The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2019:
Sec. 10304 Exemption from sequestration
The appropriation in section 10303 shall be exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.
D Build Local, Hire Local
Sec. 10401 Short title
This subtitle may be cited as the “Build Local, Hire Local Act”.
Sec. 10402 Findings
Congress finds that—
infrastructure plays a vital role in the lives of all people in the United States;
the aging infrastructure of the United States is in need of a significant investment to repair, rebuild, and modernize, and in the process, the Federal Government can take necessary steps to address economic and racial injustices that have limited opportunities for far too many people of the United States;
decades of disinvestment and exclusionary policies have isolated many people of color, low-income people, and disabled individuals in the United States from opportunity across the urban centers, deindustrialized cities, rural regions, and Tribal areas of the United States, including horribly inadequate investment to ensure universal access to clean air and water, safe and reliable transportation, affordable housing, quality living wage jobs, high-speed internet, modernized schools, and parks and community facilities;
while the construction of the National Highway System remains one of the most transformative achievements in the history of the United States, it came at the expense of many low-income communities as well as minority neighborhoods of all income levels that were destroyed by the construction and isolated from the broader community and from economic opportunity;
investing in repairing, rebuilding, and modernizing the infrastructure of the United States presents an opportunity to learn from the mistakes of the past and reimagine how communities can design and build infrastructure to be more equitable, helping to address structural inequities faced by marginalized communities nationwide, including a lack of good paying jobs, affordable, accessible, and inclusive housing, decaying roads, bridges, and schools, inadequate access to technology, and exposure to toxic emissions and poisoned water;
accessibility to quality infrastructure, training, and jobs is an issue across the United States, spanning from rural and Tribal areas to urban and suburban areas;
transportation infrastructure has a significant impact on access to jobs, education, healthcare, healthy foods, and other essential services;
accessibility to essential services is defined not only by speed, but also by ease of access, which includes the ability to safely and conveniently access services by all modes of travel;
with a shortage of construction firms that are ready and able to take on the large-scale infrastructure projects the United States demands, the close to 478,000 specialty trade contractors in smaller minority, women, and disadvantaged businesses could be supported to meet this demand;
small businesses and under-represented contractors, including minority-, women-, veteran-owned businesses, and businesses owned by disabled individuals should have the opportunity to rebuild their communities and employ hardworking people of the United States along the way;
as of 2018, about ¼ of the infrastructure workforce is projected to retire or permanently leave their jobs over the next decade, compounding the infrastructure crisis in the United States;
as of 2019, the Board of Governors of the Federal Reserve System finds that skilled trades and many occupations that do not require a 4-year degree are not considered to be at significant risk of automation;
infrastructure jobs include a wide range of employment opportunities in both the public and private sectors, including design, manufacturing, construction, operation, governance, and maintenance of infrastructure assets in the United States;
more than 1 in 10 jobs in the United States is a transportation- or infrastructure-related job;
many infrastructure jobs provide competitive wages with low barriers to entry, many of which require on-the-job training in lieu of formal 4-year degree higher education programs;
in spite of rising income inequality, infrastructure jobs paid approximately 30 percent more to low income individuals than other occupations in 2018;
women, people of color, and particularly women of color are underrepresented in construction jobs;
while women across all occupations currently make up about 50 percent of the workforce, women in construction and extraction occupations has hovered around 3 percent for the last 3 decades;
while Black Americans make up about 12 percent of the overall workforce, Black Americans only represent 7 percent of construction and extraction occupations;
by focusing on improving workforce development systems through targeted employment strategies, the Federal Government can improve the quality of future projects and better ensure that all communities benefit from investments that—
protect workers;
expand opportunities for advancement;
establish strong labor standards; and
redress discriminatory policies that have unfairly burdened low-income communities and communities of color with pollution of geographic isolation; and
the Federal Government should make concerted efforts to close the workforce gap, through coordination with States and units of local government, workforce development agencies, national and regional nonprofit intermediaries, labor organizations, and institutions of higher education and other educational institutions, including historically Black colleges and universities and Hispanic-serving institutions, to recruit, train, and retain the next generation of infrastructure workers in the United States, with a focus on—
achieving gender, ethnic, racial, and ability diversity; and
recruiting and training individuals from communities with high unemployment rates, including African-American communities, Hispanic communities, Indian Tribes, the disabled community, and the LGBTQ community.
Sec. 10403 Definitions
In this subtitle:
Covered infrastructure program— The term covered infrastructure program means any of the following:
Direct and guaranteed loans and grants under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)).
Distance learning and telemedicine grants under section 2333 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–2).
Broadband loans and loan guarantees under title IV of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.).
The community connect grant program established under title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations, 2004 (Public Law 108–199; 118 Stat. 29).
Solid waste management grants under section 310B(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)).
A program or project carried out under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).
Financial assistance for development, implementation, or modification of a State energy conservation plan under section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323).
State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.).
State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12).
Grants for construction of health centers provided by the Secretary of Health and Human Services.
Grants for construction, renovation, or repair of non-Federal research facilities provided by the Director of the National Institutes of Health.
The public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135).
Assistance provided under the Public Housing Capital Fund established under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)).
The community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
The Indian housing block grant program under section 101 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111).
The rural water supply program under section 103 of the Rural Water Supply Act of 2006 (43 U.S.C. 2402).
Financial assistance provided under the Water Infrastructure Finance and Innovation Act (33 U.S.C. 3901 et seq.).
Assistance provided under title 23, United States Code.
Assistance provided under chapter 53 of title 49, United States Code.
Programs for civil works projects, including water resources projects, under the jurisdiction of the Corps of Engineers.
Assistance provided for a freight or passenger rail project under subtitle V of title 49, United States Code.
Assistance provided for an airport development project under chapter 471 of title 49, United States Code.
Assistance for an environmental cleanup project under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Assistance provided under section 7007 and 7008 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707, 7708).
Mutual and self-help housing assistance provided under section 523 of the Housing Act of 1949 (42 U.S.C. 1490c).
Site development loans provided under section 524 of the Housing Act of 1949 (42 U.S.C. 1490d).
Loan guarantees for rural rental housing provided under section 538 of the Housing Act of 1949 (42 U.S.C. 1490p–2).
Assistance provided by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4703(a)).
Grants awarded from the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4569).
Assistance provided under the Connect America Fund of the Federal Communications Commission under subpart D of part 54 of title 47, Code of Federal Regulations (or a successor regulation).
The Connect Communities Program under section 10444.
Any similar program, as determined by the Director of the Office of Management and Budget, in consultation with the heads of the relevant Federal agencies.
Head of the relevant Federal agency— The term head of the relevant Federal agency means the head of a Federal department or agency that administers or has jurisdiction over a covered infrastructure program.
Local workforce development board— The term local workforce development board has the meaning given the term local board in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
State workforce development board— The term State workforce development board has the meaning given the term State board in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
1 Creating jobs and raising the quality of life in every community
A Creating local jobs across the country
Sec. 10411 Targeted hiring requirements for construction jobs created by covered infrastructure programs
Definition of local—
In general— In this section, the term local, with respect to hiring for a project, means hiring within the geographical boundaries of the area in which the project is located, as determined by the recipient of assistance under a covered infrastructure program, in coordination with the head of the relevant Federal agency, subject to the requirement that the geographical area shall—
include high-poverty, high-unemployment zip codes; and
be the size of a county, multi-county, statewide, or multi-State region.
Savings provision— Nothing in paragraph (1) prohibits interstate hiring.
Requirement—
In general— Notwithstanding any other provision of law and to the maximum extent practicable, except to the extent that the head of the relevant Federal agency determines otherwise, in the case of any construction project carried out under a covered infrastructure program, the head of the relevant Federal agency shall ensure that, of the workers hired for the project (including workers hired for related maintenance, service, or operations activities for the project), the applicable percentage described in paragraph (2) are hired through local hiring, in partnership with a registered apprenticeship program, if applicable, or with a State workforce development board or local workforce development board, if applicable.
Applicable percentage— The applicable percentage referred to in paragraph (1) is—
for fiscal year 2021, 10 percent;
for fiscal year 2022, 20 percent;
for fiscal year 2023, 30 percent;
for fiscal year 2024, 40 percent; and
for fiscal year 2025 and each fiscal year thereafter, 50 percent.
Priority— In carrying out subsection (b), the head of the relevant Federal agency shall ensure that the entity carrying out the project gives priority to—
individuals with a barrier to employment (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), including ex-offenders and disabled individuals (as defined in section 10421);
veterans (as defined in section 10421); and
individuals that represent populations that are traditionally underrepresented in the infrastructure workforce, such as women and racial and ethnic minorities.
Reports and oversight—
In general— Not less frequently than annually, the Secretary of Labor, in consultation with the heads of the relevant Federal agencies, shall—
submit to Congress a report on the implementation of this section; and
make the report under subparagraph (A), including any related data, publicly available on the internet.
GAO review— Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall—
carry out a review of the implementation of this section to determine compliance with this section; and
submit to Congress a report on the results of the review under subparagraph (A), including any suggestions or recommendations for legislative, regulatory, or other changes to improve the implementation of this section or compliance with this section.
Sec. 10412 Compliance with court orders
Nothing in this subpart limits the eligibility of an individual or entity to receive assistance made available under a covered infrastructure program if the individual or entity is prevented, in whole or in part, from complying with section 10411(b) because a Federal court issues a final order in which the court finds that a requirement or the implementation of that section is unconstitutional.
B Rebuilding our infrastructure with American business
Sec. 10421 Definitions
In this subpart:
Disabled individual— The term disabled individual means an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
LGBTQ— The term LGBTQ means, with respect to an individual, a lesbian, gay, bisexual, transgender, or queer individual.
Owned and controlled— The term owned and controlled, with respect to a business, means—
ownership of at least 51 percent of the business, or in the case of any publicly owned business, ownership of at least 51 percent of the stock; and
control of the management and daily business operations of the business.
Small business concern—
In general— The term small business concern means a small business concern (within the meaning of section 3(a) of the Small Business Act (15 U.S.C. 632(a))).
Exclusions— The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $23,980,000, as adjusted annually by the head of the relevant Federal agency for inflation.
Socially or economically disadvantaged individual— The term socially or economically disadvantaged individual means any socially and economically disadvantaged individuals within the meaning of section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act.
Veteran— The term veteran has the meaning given the term in section 101 of title 38, United States Code.
Sec. 10422 Increasing meaningful small business participation
In general— Except to the extent that the head of the relevant Federal agency determines otherwise—
not less than the percentage described in subsection (b) for the applicable fiscal year of the amounts made available for each covered infrastructure program shall be expended through small business concerns; and
not less than the percentage described in subsection (b) for the applicable fiscal year of the total number of projects that receive assistance under each covered infrastructure program shall be subcontracted through a small business concern.
Percentage described— The percentage referred to in each of paragraphs (1) and (2) of subsection (a) is—
for fiscal year 2021, 6 percent;
for fiscal year 2022, 12 percent;
for fiscal year 2023, 19 percent;
for fiscal year 2024, 26 percent; and
for fiscal year 2025 and each fiscal year thereafter, 33 percent.
Report— Not less frequently than once each fiscal year, the Administrator of the Small Business Administration, in consultation with the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (a).
Sec. 10423 Requiring meaningful participation from targeted businesses
In general— Except to the extent that the head of the relevant Federal agency determines otherwise, not less than the percentage described in subsection (b) for the applicable fiscal year of the amounts made available for a covered infrastructure program shall be expended through businesses owned and controlled by—
socially or economically disadvantaged individuals;
women;
veterans;
LGBTQ individuals;
disabled individuals; or
ex-offenders.
Percentage described— The percentage referred to in subsection (a) is—
for fiscal year 2020, 6 percent;
for fiscal year 2021, 12 percent;
for fiscal year 2022, 18 percent;
for fiscal year 2023, 24 percent; and
for fiscal year 2024 and each fiscal year thereafter, 30 percent.
Report— Not less frequently than once each fiscal year, the Secretary of Commerce, in consultation with the Administrator of the Small Business Administration and the heads of the relevant Federal agencies, shall submit to Congress a report on the implementation of subsection (a).
Sec. 10424 Compliance with court orders
Nothing in this subpart limits the eligibility of an individual or entity to receive assistance made available under a covered infrastructure program if the individual or entity is prevented, in whole or in part, from complying with section 10422(a) or 10423(a), as applicable, because a Federal court issues a final order in which the court finds that a requirement or the implementation of section 10422(a) or 10423(a), as applicable, is unconstitutional.
Sec. 10425 Expansion of Small Business Administration surety bond program
Section 411(a)(1)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 694b(a)(1)(A)) is amended by striking “$6,500,000” and inserting “$10,000,000”.
C Encouraging the use of U.S. Employment Plans and Best-Value contracting analysis
Sec. 10431 Creating a best-value analysis for Federal expenditures on infrastructure, use of U.S. Employment Plans, and preferences for registered apprenticeship programs and neutrality in union organizing
Definitions— In this section:
Commitment to high-quality career and business opportunities— The term commitment to high-quality career and business opportunities means participation in a registered apprenticeship program (as defined in section 10451(a)(2)).
U.S. Employment Plan— The term U.S. Employment Plan means a plan under which an entity receiving Federal assistance for a project under a covered infrastructure program shall—
include in a request for proposal an encouragement for bidders to include, with respect to the project—
high-quality wage, benefit, and training commitments by the bidder and the supply chain of the bidder for the project; and
a commitment to recruit and hire individuals described in section 10411(c) if the project results in the hiring of employees not currently or previously employed by the bidder and the supply chain of the bidder for the project;
give preference for the award of the contract to a bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A); and
ensure that each bidder that includes the commitments described in clauses (i) and (ii) of subparagraph (A) that is awarded a contract complies with those commitments.
Best-Value framework— To the maximum extent practicable, a recipient of assistance under a covered infrastructure program is encouraged—
to ensure that each dollar invested in infrastructure uses a best-value contracting framework to maximize the local value of federally funded contracts by evaluating bids on price and other criteria prioritized in the bid, such as—
equity;
environmental and climate justice;
impact on greenhouse gas emissions;
resilience;
the results of a 40-year life-cycle analysis;
safety;
commitment to creating or sustaining high-quality job opportunities affiliated with registered apprenticeship programs (as defined in section 10451(a)(2)) for disadvantaged or underrepresented individuals in infrastructure industries in the United States; and
access to jobs and essential services by all modes of travel for all users, including disabled individuals (as defined in section 10421);
in evaluating bids, to give at least equal weight to the criteria described in paragraph (1) as to past performance; and
to ensure community engagement, transparency, and accountability in carrying out each stage of the project.
Preference for registered apprenticeship programs— To the maximum extent practicable, a recipient of assistance under a covered infrastructure program, with respect to the project for which the assistance is received, shall give preference to a bidder that demonstrates a commitment to high-quality job opportunities affiliated with registered apprenticeship programs (as defined in section 10451(a)(2)).
Preference for neutrality in union organizing— Notwithstanding any other provision of law, the head of each relevant Federal agency, in consultation with the Secretary of Labor, shall give preference in providing assistance under a covered infrastructure program to an entity that commits to giving preference in awarding contracts and subcontracts for projects carried out with that assistance to bidders that have an explicit neutrality policy on any issue involving the organization of employees for purposes of collective bargaining.
Use of U.S. Employment Plan— Notwithstanding any other provision of law, in carrying out a project under a covered infrastructure program, each entity that receives Federal assistance shall use a U.S. Employment Plan for each contract of $5,000,000 or more for the purchase of manufactured goods or of services, based on an independent cost estimate.
Report— Not less frequently than once each fiscal year, the heads of the relevant Federal agencies shall jointly submit to Congress a report describing the implementation of this section.
Intent of Congress—
In general— It is the intent of Congress—
to encourage recipients of Federal assistance under covered infrastructure programs to use a best-value contracting framework described in subsection (b)(1) for the purchase of goods and services;
to encourage recipients of Federal assistance under covered infrastructure programs to use preferences for registered apprenticeship programs and neutrality in union organizing as described in subsections (c) and (d) when evaluating bids for projects using that assistance;
to require that recipients of Federal assistance under covered infrastructure programs use the U.S. Employment Plan in carrying out the project for which the assistance was provided; and
that full and open competition under covered infrastructure programs means a procedural competition that prevents corruption, favoritism, and unfair treatment by recipient agencies.
Inclusion— A best-value contracting framework described in subsection (b)(1) is a framework that authorizes a recipient of Federal assistance under a covered infrastructure program, in awarding contracts, to evaluate a range of factors, including price, the quality of products, the quality of services, and commitments to the creation of good jobs for all people in the United States.
D Improving safety, connectivity, and access to better opportunities
Sec. 10441 Accessibility data program
In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the “Secretary”) shall carry out an accessibility data program (referred to in this section as the “program”).
Purpose— The purpose of the program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the program to improve the transportation planning of those eligible entities by—
measuring the level of access by multiple transportation modes to important destinations, which may include—
jobs, including areas with a concentration of available jobs;
health care facilities;
child care services;
educational and workforce training facilities;
affordable and accessible housing;
food sources; and
connections between modes, including connections to—
high-quality transit or rail service;
safe bicycling corridors; and
safe sidewalks that achieve compliance with applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
disaggregating the level of access by multiple transportation modes by a variety of population categories, which may include—
low-income populations;
minority populations;
age;
disability; and
geographical location; and
assessing the change in accessibility that would result from new transportation investments.
Eligible entities— An entity eligible to participate in the program is—
a State (as defined in section 101(a) of title 23, United States Code);
a metropolitan planning organization; or
a rural planning organization.
Application— To be eligible to participate in the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to—
previous experience of the eligible entity measuring transportation access or other performance management experience;
the types of important destinations to which the eligible entity intends to measure access;
the types of data disaggregation the eligible entity intends to pursue; and
a general description of the methodology the eligible entity intends to apply.
Selection— The Secretary shall seek to achieve diversity of participants in the program, including—
by selecting a range of eligible entities that shall include not less than—
5 States;
10 metropolitan planning organizations, of which—
5 shall each serve an area with a population of not more than 200,000 people; and
5 shall each serve an area with a population of 200,000 or more people; and
5 rural planning organizations; and
among the eligible entities selected under paragraph (1)—
a range of capacity and previous experience with measuring transportation access; and
a variety of proposed methodologies and focus areas for measuring level access.
Duties— For each eligible entity participating in the program, the Secretary shall—
develop or acquire an accessibility data set described in subsection (b); and
submit the data set to the eligible entity.
Methodology— In calculating the measures for the data set under the program, the Secretary shall ensure that methodology is open source.
Availability— The Secretary shall make an accessibility data set under the program available to—
units of local government within the jurisdiction of the eligible entity participating in the program; and
researchers.
Report— Not later than 120 days after the last date on which the Secretary submits data sets to the eligible entity under subsection (f), the Secretary shall submit to Congress a report on the results of the program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities.
Public availability of data— The Secretary may make publicly available on the internet the data sets and the report under subsection (i).
Funding— The Secretary shall carry out the program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary.
Sec. 10442 Establishment of performance measures for transportation accessibility
Connectivity and accessibility performance measures— Section 150 of title 23, United States Code, is amended—
in subsection (c)—
in paragraph (1), by inserting “and in the case of paragraph (7), not later than 3 years after the date of enactment of the Build Local, Hire Local Act,” after “MAP–21,”; and
by adding at the end the following:
“(7) Multimodal transportation connectivity and accessibility
“(A) Definition of disadvantaged population—In this paragraph, the term “disadvantaged population” means a low-income population, a minority population, or people with disabilities, as determined by the Secretary.
“(B) Regulations—The Secretary shall issue such regulations as are necessary to establish performance measures relating to transportation connectivity and accessibility for States, metropolitan planning organizations, and units of local government to improve the connectivity and accessibility of roadways, public transportation infrastructure, pedestrian and bikeway infrastructure, and other transportation infrastructure.
“(C) Inclusions—The performance measures established pursuant to subparagraph (B) 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 and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers;
“(II) multimodal choice and enhanced interconnections among modes—
“(aa) to offer variety of choice between and among modes;
“(bb) to provide accessible and reliable transportation for all users; and
“(cc) to encourage travel demand management among local and statewide employers; and
“(III) any other issues the Secretary determines to be appropriate; and
“(ii) with respect to disadvantaged populations serviced by a transportation system—
“(I) transportation accessibility for disadvantaged populations;
“(II) change in cumulative accessibility for disadvantaged populations to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and
“(III) any other issues the Secretary determines to be appropriate.”
in subsection (d)(1), by striking “and (6)” and inserting “(6), and (7)”; and
by adding at the end the following:
“(f) Report on multimodal transportation connectivity and accessibility—Not less frequently than annually—
“(1) each State, metropolitan planning organization, and unit of local government shall submit to the Secretary the progress of that entity toward achieving the performance measures under subsection (c)(7); and
“(2) the Secretary shall—
“(A) submit to Congress a report that includes the results of the reporting under paragraph (1); and
“(B) make publicly available on the internet the report under subparagraph (A) and any accompanying data.”
Highway 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, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7).”
Public transportation 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, local transportation planning agencies, and providers of public transportation to ensure consistency with section 150(c)(7) of title 23.”
Sec. 10443 Technical assistance program
In general— The Secretary of Transportation (referred to in this section as the “Secretary”), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, and the Secretary of Agriculture shall establish a program (referred to in this section as the “program”) to provide technical assistance to local communities adjacent to planned or existing transportation infrastructure projects to explore design and policy approaches to create connected, economically prosperous, and environmentally and physically healthy communities that—
avoid displacement of the current population; and
maximize high-quality jobs in the United States that pay family-sustaining wages.
Purposes— The purposes of the program are—
to identify innovative solutions to infrastructure challenges, including reconnecting communities that—
are bifurcated by infrastructure such as highways or viaducts;
lack safe, reliable, and affordable transportation choices; or
have been disconnected due to natural disasters, in particular, communities in areas that are being harmed the most by climate change; and
to inform the transportation planning and project life cycle by actively encouraging community input and feedback.
Application— To be eligible to receive technical assistance under the program, a local community described in subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
a description of the “community team” that will participate in the program, which shall consist of—
elected officials;
senior transportation professionals;
State workforce development boards or local workforce development boards; and
a cross-section of residents of the local community;
a description of a neighborhood infrastructure challenge, including all modes and users of transportation, in the local community that limits access to social or economic centers or other essential services;
an explanation of the goals the local community aims to achieve with assistance under the program; and
letters of support from the applicable State department of transportation and other entities, such as community groups, transit agencies, port authorities, metropolitan planning organizations, and political subdivisions of State and local governments.
Priority— In selecting local communities to participate in the program, the Secretary shall give priority to a local community that is economically disadvantaged.
Technical assistance— The Secretary shall provide to a local community that is selected to participate in the program—
technical assistance to inform, prepare, and enable the local community to better engage in—
Federal transportation planning;
programming and planning to improve resiliency and environmental sustainability and reduce greenhouse gas emissions;
the environmental review process under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
life-cycle analysis of a prospective project;
Federal assistance programs; and
policies that maximize the creation of high-quality jobs in the United States; and
technical expertise through representatives from regional and national design, architecture, engineering, and planning firms and public, private, and nonprofit land use professionals.
Funding— The Secretary shall use not less than 10 percent of the amounts made available to carry out section 10444 for each fiscal year to carry out the program.
Sec. 10444 Connect Communities Program
Establishment—
In general— The Secretary of Transportation (referred to in this section as the “Secretary”), in coordination with the Administrator of the Federal Highway Administration, the Administrator of the Federal Transit Administration, the Secretary of Housing and Urban Development, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture shall carry out a competitive grant program to be known as the “Connect Communities Program” (referred to in this section as the “program”) to provide grants for projects to create connected, economically prosperous, and environmentally and physically healthy communities in—
areas that are economically disadvantaged, including areas that have experienced levels of poverty of 20 percent or more, high levels of outmigration, and high levels of deindustrialization;
areas that currently lack accessible and affordable transportation options in terms of—
lack of access to jobs and services; and
lack of physical accessibility;
neighborhoods bifurcated by large-scale infrastructure projects; or
areas that have been negatively impacted by climate change.
Goals— The goals of the program are—
to reduce the cost of construction, operations, and maintenance of arterial highways;
to demonstrate the social, economic, and environmental benefits that result from replacing a grade-separated facility with an at-grade boulevard;
to improve neighborhood connectivity, including the re-establishment of through streets eliminated as a result of the construction of the grade-separated facility;
to increase the total acreage of land within the project corridor returned to productive use, including commercial, residential, recreational, and habitat restoration uses;
to improve the resiliency and reduce the environmental impact of existing infrastructure assets; and
to increase the connectivity of disadvantaged communities to economic opportunity.
Eligibility—
Eligible entities— An entity eligible to receive a grant under the program is—
a State (as defined in section 101(a) of title 23, United States Code) or any other territory or possession of the United States;
an Indian Tribe;
a unit of local government;
a political subdivision of a State or local government;
a transit agency;
a metropolitan planning organization;
a nonprofit organization, including a community mission-based organization;
a community development financial institution (as defined in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702));
a special purpose district or public authority with a transportation function, including a port authority;
a Federal land management agency that applies jointly with a State or group of States; or
a multistate or multijurisdictional group of entities described in subparagraphs (A) through (J).
Eligible projects— A project eligible to be carried out with funds from a grant provided under the program is—
a project for community-based redevelopment, rehabilitation, or replacement of infrastructure, including—
the removal of a limited access highway, a viaduct or overpass, an Interstate route, an interchange, a bridge, or any other principal arterial facility that has—
historically had detrimental effects on minority and low-income communities; or
created barriers to community connectivity due to high speeds, grade separations or other design factors; and
if necessary to achieve the purposes of the program, road realignment or new construction;
a project to prevent the displacement of minority or low-income individuals or businesses during and after redevelopment, rehabilitation, or replacement of infrastructure;
a project for transit-oriented development in a low-income area or that benefits low-income individuals that includes 1 or more of—
transit-supportive, accessible, mixed-use development (including commercial development, affordable and accessible housing, and market-rate housing) that is within 2 miles of and accessible to 1 or more public transportation facilities that—
achieve compliance with—
applicable requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
the most recent public rights-of-way accessibility guidelines developed by the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 792(a)(1)); and
are connected with high frequency to job centers;
the facilitation of multimodal connectivity and accessibility to employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers; and
an increase in access to transit hubs for pedestrian and bicycle traffic;
a public transportation project eligible for assistance under chapter 53 of title 49, United States Code, that will achieve the purposes of the program, including—
an investment in intermodal projects; and
a new fixed guideway capital project or a small start project (as those terms are defined in section 5309(a) of title 49, United States Code), if a grant under the program will expedite the completion of the project and the entry into revenue service of the project;
a passenger rail transportation project that achieves the purpose of the program;
a project to improve the resiliency of infrastructure against natural disasters;
a project to reduce the environmental impact of existing infrastructure assets;
a project to bring a community into compliance with the performance measures established under section 150(c)(7) of title 23, United States Code; and
any other project that the Secretary determines would achieve the purpose of the program.
Eligible areas— An eligible project under paragraph (2) shall be carried out in an area or neighborhood described in subparagraphs (A) through (D) of subsection (a)(1).
Applications—
In general— To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
a project plan developed with assistance under section 10443 or independently, as applicable;
a description of how the project meets the criteria described in subsection (d);
a certification that the eligible entity has solicited public comments on the project plan that includes—
a certification that the eligible entity has held 2 or more public hearings, at least 1 of which was held outside of standard business hours in a location that was open and accessible to the community in which the proposed project is located;
a description of the process for receiving public comments, including involvement of residents and stakeholders in the community in which the project will occur;
a summary of the comments received; and
such other information as the Secretary may require;
a description of how the grant would be used and the current status of project planning;
a description of how the project will address the purposes of the program, including plans to avoid displacement of current residents in the project area;
a description of how the eligible entity will prioritize the well-being and advancement of disadvantaged populations through the project and as an outcome of the project;
an assessment of—
the accessibility of employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers, within the area to public transportation facilities and nearby affordable housing; and
how the proposed project will relate to identified needs in those areas;
an assessment of transportation options in the area, including—
public transportation options;
options for people with low incomes, people living in high-poverty areas, elderly people, and people with disabilities; and
any obstacles to providing access to locations that offer employment opportunities and other essential services, including educational and workforce training locations, health care facilities, recreational assets, and supermarkets and grocers;
an assessment of methods for lowering the combined cost of housing and transportation for families in the region, particularly for families that utilize workforce housing and for low-, very low-, and extremely low-income families;
an assessment of how the project will revitalize existing communities, including—
the approximate number of jobs the project will create;
the services the project will deliver to workers and the community; and
any antidisplacement efforts that will be included in the project;
a plan for evaluating progress in increasing opportunities for and improvements to the quality of life for disadvantaged populations and the broader community in which the project is completed; and
information about the status of applicable Federal environmental reviews and approvals for the project, including reviews and approvals under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Multiple projects— An eligible entity may submit an application for multiple projects in 1 application.
Definition of workforce housing— For the purpose of paragraph (1)(I), the term workforce housing means housing, the cost of which does not exceed 30 percent of—
the amount equal to 120 percent of the median income in the area, as determined by the Secretary, with appropriate adjustments for the size of the family; or
if the Secretary determines that there are unusually high or low incomes in the area, another amount, as determined by the Secretary.
Selection—
In general— The Secretary shall select projects to receive grants under the program based on—
how the project will contribute to a state of good repair for infrastructure assets;
how the project would increase economic competitiveness, including the effects of revitalizing communities, neighborhoods, and commercial centers supported by existing infrastructure;
how the project will support environmental protection, including resiliency, by increasing demand for nonmotorized transportation and public transportation;
how or whether the project will prevent residents in the area from being forcibly or unwillingly displaced;
the anticipated effects on quality of life for all residents in the project area;
whether the project uses innovative strategies, including innovative technologies, innovative project delivery, or innovative financing;
the extent to which the project—
is supported by a broad range of stakeholders;
demonstrates collaboration among neighboring and regional jurisdictions; and
is coordinated with projects with similar objectives, such as projects for economic development, housing, water and waste infrastructure, power and electric infrastructure, broadband, and land use plans and policies;
how the project will increase non-Federal revenue for transportation infrastructure investment;
demonstrated project readiness, including use of technical assistance under section 10443; and
the costs and benefits of the project.
Priority— The Secretary shall give priority to projects that have been developed under the technical assistance program under section 10443.
Distribution of grants—
In general— In providing grants under the program, the Secretary shall ensure—
an equitable geographic distribution of funds; and
an appropriate balance in addressing the needs of urban, suburban, rural, and Tribal communities.
Limitation— For each fiscal year, the Secretary shall ensure that the total amount of funds provided through grants under the program for each State is not more than $150,000,000.
Amount of grant—
In general— Except as provided in paragraph (2) and subject to subsection (e)(2), a grant provided under the program shall be in an amount that is not less than $5,000,000.
Rural and Tribal areas— In the case of a project in a rural area (as defined in section 101(a) of title 23, United States Code), or in a Tribal area, a grant provided under the program shall be in an amount that is not less than $1,000,000.
Use of funds—
In general— Subject to paragraph (2), an eligible entity that receives a grant under the program may use the grant funds for—
development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; and
construction, reconstruction, rehabilitation, replacement, acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment.
Limitation— Not more than 20 percent of the amount of the grant may be used for the activities described in paragraph (1)(A).
Federal share—
In general— Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent.
Hardship areas— The Federal share of the cost of a project carried out with a grant under the program may be up to 100 percent if the Secretary identifies the area in which the project will be carried out as a hardship area, as determined by the Secretary.
TIFIA program— On the request of an eligible entity, the Secretary may use 5 percent of the grant for the purpose of paying the subsidy and administrative costs necessary to provide Federal credit assistance under chapter 6 of title 23, United States Code, for the project.
Standards— Notwithstanding any other provision of law, a project carried out with a grant under the program shall not be subject to the traffic volume requirements under section 109(b) of title 23, United States Code.
Performance measures—
In general— For each year until the project is completed, each eligible entity that receives a grant under the program shall agree to establish, in coordination with the Secretary, performance measures and reporting requirements in addition to measures and requirements under this section that shall be met at the end of each year in which the eligible entity receives funds under the grant program.
Violation of grant agreement— If the Secretary determines that an eligible entity has not met the performance measures established under paragraph (1), is not making reasonable progress toward meeting those measures, or is otherwise in violation of the grant agreement, the Secretary may—
withhold additional financial assistance until the performance measures are met; or
terminate the grant agreement.
Community Advisory Board—
In general— For each project carried out with a grant under the program, the eligible entity shall form a community advisory board.
Composition— A community advisory board shall be composed of representatives of—
the relevant State and units of local government;
the relevant State workforce development board or local workforce development board;
relevant metropolitan planning organizations;
labor organizations;
residents or organizational representation of the area in which the project is occurring; and
any other relevant representatives important to the implementation of the project, such as a county board of developmental disabilities, as determined by the eligible entity, in coordination with the Secretary.
Duties— A community advisory board shall, with respect to the applicable project—
ensure community engagement, transparency, and accountability in carrying out each stage of the project; and
track, evaluate, and report progress on clear and meaningful indicators related to—
targeted hiring commitments;
quality wage, benefits, and training commitments;
goals for participation by small businesses and businesses in accordance with section 10423(a) in the project;
progress made on the objectives of the program as described in subsection (a); and
any other relevant areas, as determined by the eligible entity, in coordination with the Secretary.
Stipend— The eligible entity may provide a stipend to representatives on the community advisory board based on the expressed need of representatives, on approval by the Secretary.
Reports—
In general— Not less frequently than once each year, each eligible entity that receives a grant under the program, in coordination with the applicable community advisory board under subsection (l), shall submit to the Secretary periodic reports on the use of the grant funds.
Contents— A periodic report under paragraph (1) shall include—
the amount of Federal funds received, obligated, and expended by the eligible entity under the program;
the number of projects that have been put out to bid using the grant funds and the amount of Federal funds associated with each project;
the number of projects for which contracts have been awarded for the project carried out under the program and the amount of Federal funds associated with the contracts;
the number of projects for which work has begun under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts;
the number of projects for which work has been completed under the contracts referred to in subparagraph (C) and the amount of Federal funds associated with the contracts;
the number of direct, on-project jobs created or sustained by the Federal funds provided for projects under the program and, to the extent possible, the estimated indirect jobs created or sustained in the associated supplying industries, including—
the number of job-years created and the total increase in employment in the project area since the date of enactment of this Act; and
information on local hiring, hiring of economically disadvantaged individuals, and hiring of individuals with a barrier to employment (including ex-offenders) and disabled individuals (as defined in section 10421), with respect to the project;
an analysis of the contracts awarded that indicates participation levels of small businesses and disadvantaged businesses;
suggestions for improvements in transportation accessibility for disadvantaged populations, based on criteria developed by the Secretary; and
any other criteria the Secretary determines to be appropriate.
Report to Congress— Each fiscal year, the Secretary shall transmit to Congress the reports received by the Secretary under paragraph (1).
GAO report on infrastructure removals— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on infrastructure removal, including—
an identification of examples of projects to remove infrastructure using assistance from a covered infrastructure program;
an evaluation of the effect of infrastructure removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people;
an analysis of the costs and benefits of removing underutilized infrastructure assets that are nearing the end of the useful life of the assets compared to replacing or reconstructing the assets; and
recommendations for integrating the findings and results under subparagraphs (A) through (C) into infrastructure planning and decisionmaking processes.
Funding— There is authorized to be appropriated to carry out the program $5,000,000,000 for each of fiscal years 2021 through 2025.
2 Launching middle class career pathways in infrastructure
Sec. 10451 Building American Infrastructure and Careers Program
Definitions— In this section:
WIOA definitions— The terms career pathway, community-based organization, individual with a barrier to employment, industry or sector partnership, integrated education and training, postsecondary educational institution, recognized postsecondary credential, and workforce development system have the meanings given those terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Other definitions—
Career and technical education— The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
Eligible entity— The term eligible entity means—
a local workforce development board;
a State workforce development board;
an industry or sector partnership, which may be led by any member of such partnership, including—
a community-based organization;
a recognized State labor organization, central labor council, or another labor representative, as appropriate; or
an education or training provider; or
any combination of entities described in any of clauses (i) through (iii).
Registered apprenticeship program— The term registered apprenticeship program means an apprenticeship program registered with the Department of Labor or a federally recognized State Apprenticeship Agency and that complies with the requirements under parts 29 and 30 of title 29, Code of Federal Regulations, as in effect on January 1, 2019.
Secretary— The term Secretary means the Secretary of Labor.
Supportive services— The term supportive services means services such as transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this subtitle or under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
Targeted infrastructure industry— The term targeted infrastructure industry means an infrastructure industry, including transportation (including surface, transit, aviation, or railway transportation), construction, energy, water, information technology, or utilities industries, that the eligible entity identifies in accordance with subsection (c)(2)(A).
Veteran— The term veteran has the meaning given such term in section 10421.
Work-based learning program— The term work-based learning program means a program that provides workers with paid work experience and corresponding classroom instruction, delivered in an employment relationship that both the business and worker intend to be permanent.
Establishment of Building American Infrastructure and Careers program—
In general— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall establish a program, to be known as the “Building American Infrastructure and Careers Program”, to provide grants under paragraph (2) to eligible entities for the purposes of—
promoting careers and quality employment practices in targeted infrastructure industries among individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industries;
leveraging the existing capacity of workforce development systems through demonstrated partnerships to strategically facilitate and align quality training, including industry or sector partnerships, registered apprenticeship programs, and pre-apprenticeship programs affiliated with registered apprenticeship programs, and hiring that create a pipeline of qualified workers; and
advancing efficiency and performance on projects in targeted infrastructure industries.
Grants—
In general— The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall award grants on a competitive basis to eligible entities that submit an application meeting the requirements under subsection (c) for such eligible entities to, subject to subparagraph (E), carry out a job training program including the activities described in subsection (d) for assisting individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, in obtaining and maintaining employment in a targeted infrastructure industry.
Types of grants— A grant awarded under this section may be in the form of—
an implementation grant, for entities seeking an initial grant under this section, in order for such entity to establish and carry out a job training program described in subparagraph (A); or
a renewal grant for entities that have already received an implementation grant under this section for such a job training program, in order for such entity to continue carrying out such job training program.
Duration— Each grant awarded under this section shall be for a period not to exceed 3 years.
Amount— The amount of a grant awarded under this section may not exceed—
for an implementation grant, $2,500,000; and
for a renewal grant, $1,500,000.
Construction industry— Notwithstanding any other provision in this section, if the targeted infrastructure industry for a grant awarded under this section is the construction industry, the grant shall only be available for the establishment or operation of a pre-apprenticeship program affiliated with a registered apprenticeship program.
Award basis—
Geographic diversity— The Secretary shall award grants under this section in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants, including a balance between rural and tribal areas and urban areas.
Priority for targeted hiring or U.S. employment plan projects— In awarding grants under this section, the Secretary shall give priority to eligible entities that—
ensure that not less than 50 percent of the workers hired to participate in the job training program are hired through local hiring in accordance with section 10411, including by prioritizing individuals with a barrier to employment (including ex-offenders), disabled individuals as defined in section 10421, veterans, and individuals that represent populations that are traditionally underrepresented in the infrastructure workforce; or
ensure the commitments described in clauses (i) and (ii) of section 10431(a)(2)(A) with respect to carrying out the job training program.
Priority for renewal grants— In awarding renewal grants under this section, the Secretary shall give priority to eligible entities that demonstrate long-term sustainability of an industry or sector partnership.
Application process—
In general— An eligible entity seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require, including the contents described in paragraph (2).
Contents— An application submitted under paragraph (1) shall contain, at a minimum—
an identification of the targeted infrastructure industry to be served by the job training program supported by a grant under this section;
a description of the individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, that will be served by such program, including—
an analysis of the labor market in the targeted infrastructure industry;
a description of the barriers to employment that may affect such individuals; and
a description of strategies that the program will employ to help such individuals overcome such barriers;
a description of the credentials that the program will assist such individuals in obtaining, which credentials—
shall be nationally portable;
shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; and
shall be related to the targeted infrastructure industry; and
a description of the services described in subsection (d)(3) that the program will offer to such individuals.
Activities—
In general— Each job training program supported under this section—
shall include—
activities designed to achieve the strategic objectives described in paragraph (2); and
the services described in paragraph (3) for individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry; and
may include a partnership between the eligible entity and an employer to assist such employer in carrying out a work-based learning program, including a registered apprenticeship program or a pre-apprenticeship program affiliated with a registered apprenticeship program.
Strategic objectives— The strategic objectives described in this paragraph are the following:
Recruiting key stakeholders in the targeted infrastructure industry, which stakeholders may include employers, labor organizations, local workforce development boards, and education and training providers, including providers of career and technical education.
Regularly convening such stakeholders in a collaborative manner that supports the sharing of information, ideas, and challenges, which are common to the targeted infrastructure industry.
Identifying the training needs of employers in the targeted infrastructure industry, including—
needs for skills critical to competitiveness and innovation in such industry;
needs of registered apprenticeship programs, pre-apprenticeship programs affiliated with registered apprenticeship programs, or other work-based learning programs that may be supported by a grant under this section; and
needs for the alignment of a job training program supported under this section with career pathways.
Facilitating actions, through industry or sector partnerships, registered apprenticeship programs, or pre-apprenticeship programs affiliated with registered apprenticeship programs, that lead to economies of scale by aggregating training and education needs of multiple employers in the targeted infrastructure industry.
Assisting postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs that may be receiving assistance under this section, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (c)(2)(C), particularly for high-skill, high-priority occupations related to the targeted infrastructure industry.
Providing information on the activities carried out through the job training program supported under this section to the State agency carrying out the State program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through such job training program supported under this section.
Assisting employers in the targeted infrastructure industry to attract potential workers from a diverse jobseeker base, including individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, by identifying any such barriers, reasons for such underrepresentation, or related issues for veterans through analysis of the labor market in the targeted infrastructure industry and implementing strategies to help such individuals overcome such barriers, reduce such underrepresentation, and address such issues.
Services—
In general— Each job training program supported by a grant under this section shall provide services to individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, which may include—
pre-employment services as described in subparagraph (B); and
employment services as described in subparagraph (C).
Pre-employment services— The pre-employment services described in this subparagraph may include—
skills training, including career and technical education, and integrated education and training, with respect to the targeted infrastructure industry;
initial assessments of such individuals;
services to provide work attire and necessary tools for a work site in the targeted infrastructure industry;
supportive services, such as child care and transportation;
mentoring services; and
job placement assistance.
Employment services— The employment services described in this subparagraph are services provided to individuals with a barrier to employment (including ex-offenders), veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, and that are employed in a work-based learning program in the targeted infrastructure industry. A job training program supported by a grant under this section shall provide such services to such individuals during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include—
ongoing case management and services, including the services described in subparagraph (B);
continued skills training, including career and technical education, integrated education and training, and soft-skills training such as problem solving and leadership training, conducted in collaboration with the employers of such individuals;
additional mentorship and retention supports for such individuals; and
targeted training for the employer participating in the work-based learning program, including for frontline managers, journey level workers (such as mentors) working with individuals with a barrier to employment, veterans, or individuals who are traditionally underrepresented in the targeted infrastructure industry, and human resource representatives of the employer.
Evaluations—
In general— Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, the Administrator of the Environmental Protection Agency, and the Chief of Engineers of the Army Corps of Engineers, shall prepare and submit a report to Congress that evaluates the effectiveness of the grants awarded under this section in advancing the strategic objectives described in subsection (d)(2), and the purposes described in subsection (b)(1).
Data— The report required under paragraph (1) shall provide and analyze each of the following:
The number of participants in job training programs supported under this section, disaggregated by age, race or ethnicity, gender, status as an individual with a barrier to employment, and income.
The percentage of such participants who are in unsubsidized employment prior to enrolling in such program.
The median earnings of such participants prior to enrolling in such program.
The percentage of such participants who are in unsubsidized employment during the second quarter after exit from such program and salary statistics of such participants, including mean and median earnings.
The percentage of such participants who are in unsubsidized employment during the fourth quarter after exit from such program and the salary statistics of such participants, including mean and median earnings.
The percentage of such participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent, during participation in or within 1 year after exit from such program.
The percentage of such participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment.
Sec. 10452 Infrastructure workforce equity capacity building program
Definitions— In this section:
Eligible entity— The term eligible entity means an entity that—
has an affiliate network or offices in not less than 3 communities and across not less than 2 States;
has the programmatic capability to serve individuals with a barrier to employment or individuals who are traditionally underrepresented in infrastructure industries;
has clearly and convincingly demonstrated that it has the capacity to provide technical assistance to entities carrying out job training programs under section 10451; and
submits an application in accordance with subsection (c).
Individual with a barrier to employment— The term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Capacity building program— The Secretary shall reserve 10 percent of the amounts appropriated under section 10453 to award grants, contracts, or other agreements or arrangements as the Secretary determines appropriate, to eligible entities for the purpose of building the capacity of entities receiving a grant under section 10451 to implement the activities described in subsection (d) of such section to more effectively serve individuals with a barrier to employment, including ex-offenders, veterans as defined in section 10421, or individuals who are traditionally underrepresented in the targeted infrastructure industry served through the job training program supported under such section.
Application— An entity seeking an award under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require.
Use of Funds— An award made under this section may be used to provide technical assistance to entities receiving a grant under section 10451 in order for such entities to carry out the activities described in subsection (d) of that section. Such technical assistance may include assistance with—
the development and training of staff;
the provision of outreach, intake, assessments, and service delivery;
the coordination of services across providers and programs; and
the development of performance accountability measures.
Amount— The amount of a grant awarded under this section may not exceed $5,000,000.
Report— An eligible entity receiving a grant under this section shall, not later than 6 months after the grant is awarded, submit to the Secretary a report that includes—
the impact of the technical assistance provided under this section on the outcomes of grants under section 10451; and
such other criteria as determined by the Secretary.
Sec. 10453 Authorization of appropriations
There is authorized to be appropriated to carry out this title $1,000,000,000 for each of fiscal years 2021 through 2025.
3 Investing in high-quality American jobs
Sec. 10461 Wage rate
Davis-Bacon Act—
In general— Notwithstanding any other provision of law, for fiscal year 2021 and each fiscal year thereafter, all laborers and mechanics employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program, including projects described in paragraph (3) assisted in whole or in part under such programs, without regard to the form or type of Federal assistance provided under such program, shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”).
Authority— With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.
Revolving loan funds— A project described in this paragraph is a project, in the case of a covered infrastructure program that capitalizes revolving loan funds, that is assisted in whole or in part with amounts deposited in the revolving loan fund, including loan repayments and interest earned.
Service employees—
In general— Notwithstanding any other provision of law, for fiscal year 2021 and each fiscal year thereafter, all service employees, including service employees that are operations workers or maintenance workers, employed by contractors or subcontractors on projects assisted in whole or in part under a covered infrastructure program, without regard to the form or type of Federal assistance provided under such program, shall be paid a wage and fringe benefits that are not less than the minimum wage and fringe benefits determined in accordance with paragraphs (1) and (2), respectively, of section 6703 of title 41, United States Code, for service employees engaged in the performance of a contract or subcontract to which chapter 67 of title 41, United States Code, applies.
Definition of service employee— In this subsection, the term service employee has the meaning given such term in section 6701 of title 41, United States Code.
Sec. 10462 Raise labor standards, improve working conditions, and strengthen workers’ bargaining power
Definitions— In this section—
the term covered award means an award of not less than $500,000 made to an entity under a covered infrastructure program by the head of the relevant Federal agency; and
the term covered subaward means a subaward of not less than $500,000 made to an entity under a covered infrastructure program by another entity receiving a covered award.
Required pre-Grant, loan, or contract award actions—
Disclosures— The head of a relevant Federal agency shall require an entity applying for a covered award—
to represent, to the best of the entity's knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the entity in the preceding 3 years for violations of—
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);
the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.);
the National Labor Relations Act (29 U.S.C. 151 et seq.);
subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”);
chapter 67 of title 41, United States Code (commonly known as the “Service Contract Act”);
Executive Order 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity), including any amendment to such Executive order;
section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 793);
section 4212 of title 38, United States Code;
the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.);
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.);
Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors);
subsection (h) of this section; or
equivalent State laws, as defined in guidance issued by the Secretary of Labor; and
to require any applicant for a covered subaward from the entity—
to represent to the best of the applicant's knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of any of the labor laws listed in paragraph (1); and
to update such information not less than every 6 months for the duration of the covered subaward.
Pre-Award Corrective Measures— The head of a relevant Federal agency shall, prior to awarding a covered award, provide an entity that makes a disclosure under subsection (b)(1) an opportunity to report any steps taken to correct a violation of or improve compliance with the labor laws listed in subsection (b)(1), including any agreements entered into by the entity with an enforcement agency.
Disclosure of violations—
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a website that—
is available to the public at no cost;
indicates each violation disclosed under subsection (b) or (e)(1) with respect to an entity applying for, or receiving, a covered award or covered subaward until such violation is corrected and the entity is in compliance with all labor laws listed in subsection (b)(1); and
is designed to enable interested parties to easily identify entities applying for, or receiving, covered awards or covered subawards that are in violation of any labor laws listed in subsection (b)(1) and steps taken by such entities to correct the violations or improve compliance with such laws.
Fulfilling reporting requirements— The Secretary of Labor, in consultation with the Director of the Office of Management and Budget and the heads of the relevant Federal agencies, shall include on the website established under paragraph (1) the ability for all entities that apply for or receive covered awards or covered subawards to fulfill reporting requirements under this section.
Agency cooperation— The heads of the relevant Federal agencies shall provide the Secretary of Labor with the data necessary to maintain the website established under paragraph (1).
Post-Award grant, loan, or contract actions—
Information updates— The head of a relevant Federal agency shall require each entity receiving a covered award or covered subaward to, not later than once every 6 months, update the information provided under paragraph (1) or (2), as applicable, of subsection (b).
Corrective actions—
Entity awarded assistance— The head of a relevant Federal agency, in consultation with the Labor Compliance Advisor designated by such head under subsection (f) and in coordination with the heads of the other relevant Federal agencies as applicable, shall determine whether any information provided under paragraph (1) by an entity receiving a covered award warrants corrective action. Such action—
may include—
an agreement requiring appropriate remedial measures;
compliance assistance;
resolving issues to avoid further violations;
the decision not to exercise an option on assistance awarded or to terminate the assistance awarded; or
in coordination with the heads of the other relevant Federal agencies, the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs; and
shall include disclosure on the website established under subsection (d).
Subawards— An entity that receives a covered award, in consultation with head of the relevant Federal agency and the Labor Compliance Advisor designated by such head under subsection (f), shall determine whether any information provided under subsection (b)(2) by a recipient of a covered subaward warrants corrective action, including remedial measures, compliance assistance, and resolving issues to avoid further violations.
Department of Labor investigations— The Secretary of Labor shall, as appropriate, inform the heads of the relevant Federal agencies of investigations by the Secretary of entities receiving covered awards or covered subawards for purposes of determining the appropriateness of actions described in subparagraphs (A) and (B) of paragraph (2).
Labor compliance advisors—
In general— Each head of a relevant Federal agency shall designate a senior official to serve as the Labor Compliance Advisor for the agency.
Duties— The Labor Compliance Advisor shall—
meet quarterly with the Deputy Secretary, Deputy Administrator, or equivalent official of the agency with regard to matters covered under this section;
work with officials of the agency to promote greater awareness and understanding of—
the labor laws listed in subsection (b)(1), including recordkeeping, reporting, and notice requirements under such laws; and
best practices for compliance with such laws;
advise the head of the relevant Federal agency whether agreements are in place or are otherwise needed to address appropriate remedial measures, compliance assistance, steps to resolve issues to avoid violations of the labor laws listed in subsection (b)(1), or other related matters concerning entities applying for or receiving covered awards or covered subawards;
coordinate assistance for entities that apply for or receive covered awards or covered subawards that are seeking help in addressing and preventing violations of such labor laws;
in consultation with the Secretary of Labor or other relevant enforcement agencies, provide assistance to the head of the relevant Federal agency regarding appropriate actions to be taken in response to violations, by entities applying for or receiving covered awards or covered subawards, of the labor laws listed in subsection (b)(1) identified prior to or after receipt of such awards, and to address complaints in a timely manner, by—
providing assistance to officials of the agency in reviewing the information provided under subsections (b) and (e)(1), or other information indicating a violation of such a labor law, in order to assess the serious, repeated, willful, or pervasive nature of such violation and evaluate steps entities applying for or receiving covered awards or covered subawards have taken to correct violations of or improve compliance with such laws;
helping officials of the agency determine the appropriate response to address violations of the labor laws listed in subsection (b)(1), or other information indicating such violations, particularly serious, repeated, willful, or pervasive violations, including agreements requiring appropriate remedial measures, decisions not to award assistance or exercise an option on an award of assistance, termination of an award of assistance, or referral of details to be posted on the website established under subsection (d);
providing assistance to officials of the agency in receiving and responding to, or making referrals of, complaints alleging violations of the labor laws listed in subsection (b)(1) by entities applying for or receiving covered awards or covered subawards;
supporting officials of the agency in the coordination of actions taken pursuant to this section to ensure agency-wide consistency, to the extent practicable; and
as appropriate, sending information to agency suspension and debarment officials in accordance with agency procedures;
consult with the head of the relevant Federal agency, and the Secretary of Labor as necessary, in the development of regulations, policies, and guidance addressing compliance with the labor laws listed in subsection (b)(1) by entities applying for or receiving covered awards or covered subawards;
make recommendations to the head of the relevant Federal agency to strengthen agency management of compliance with such labor laws by entities applying for or receiving covered awards or covered subawards;
publicly report, on an annual basis, a summary of actions taken by the head of the relevant Federal agency to promote greater compliance with the labor laws listed in subsection (b)(1), including the head's response to serious, repeated, willful, or pervasive violations of such labor laws; and
participate in the interagency meetings regularly convened by the Secretary of Labor under subsection (g)(2).
Measures To ensure government-Wide consistency— Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall—
develop a process—
for the Labor Compliance Advisors designated under subsection (f) to consult with the Secretary of Labor in carrying out the responsibilities of such Advisors under subsection (f)(2)(E); and
by which the head of the relevant Federal agencies and Labor Compliance Advisors may give appropriate consideration to determinations and agreements made by the Secretary of Labor and such heads;
regularly convene interagency meetings of Labor Compliance Advisors to share and promote best practices for improving compliance with the labor laws listed in subsection (b)(1); and
designate an appropriate contact within the Department of Labor with whom the heads of the relevant Federal agencies may consult with respect to requirements and activities under this section.
Workforce diversity programs—
In general— The head of a relevant Federal agency, in coordination with the Secretary of Labor, shall require each entity that has not less than 50 employees and receives a covered award or covered subaward to develop and maintain a workforce diversity program in accordance with this subsection to ensure equal employment opportunity through the recruitment, selection, and advancement of individuals who are qualified for the applicable position and who are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans.
Structure of workforce diversity programs— A workforce diversity program required under paragraph (1) of an entity described in such paragraph shall include programs, policies, practices, and procedures that fulfill the purposes of this subsection. Such programs, policies, practices, and procedures shall—
contain a diagnostic component that includes more than 1 quantitative analysis designed to evaluate the composition of the workforce of the entity and compare such composition to the composition of other relevant workforces;
include action-oriented programs, such as programs for training and outreach;
include internal auditing and reporting systems as a means of—
measuring the entity’s progress toward achieving a diverse workforce; and
monitoring and examining employment decisions and compensation systems to evaluate the impact of those systems on diverse applicants and employees;
be incorporated into the entity’s personnel policies, practices, and procedures;
be updated annually for the duration of the project assisted by the covered award or covered subaward; and
be readily available for reporting to the Secretary for the purposes of compliance review.
Designation of responsibility— An entity described in paragraph (1) shall provide for the implementation of the workforce diversity program required under such paragraph by—
assigning responsibility and accountability to an official of the entity; and
providing the assigned official with the authority, resources, and support of and access to top management of the entity to ensure the effective implementation of such program.
Identification of problem areas—
In general— An entity described in paragraph (1) shall perform an in-depth analysis of the employment process of the entity to determine—
whether impediments to equal employment opportunity exist in such process; and
if such impediments exist, the aspects of such process in which such impediments exist.
Evaluations— An analysis under subparagraph (A) shall include an analysis of—
whether, across different positions of the entity, there are problems of utilization or distribution of individuals who are qualified for such positions and are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans;
personnel activity to determine whether there are selection disparities, which such analysis may include an analysis of the number of applications and interviews, hires, terminations, promotions, and other personnel actions of the entity;
compensation systems to determine whether there are disparities in compensation;
selection, recruitment, referral, and other personnel procedures to determine whether such procedures result in disparities in the employment or advancement of individuals who are qualified for the applicable position and are individuals with a barrier to employment (including ex-offenders), racial or ethnic minorities, women, disabled individuals, or veterans; and
any other issue that may impact the success of the workforce diversity program required of the entity under paragraph (1).
Action-oriented programs— An entity described in paragraph (1) shall develop and execute action-oriented programs designed to—
correct any problem areas identified under this subsection; and
attain established goals and objectives that—
require the entity to follow different procedures than those procedures that may have previously produced inadequate results; and
demonstrate the entity has made good faith efforts to remove identified barriers to workforce diversity, expand employment opportunities, and produce measurable results to achieve improved workforce diversity.
Internal audit and reporting system— An entity described in paragraph (1) shall develop and implement an auditing system that periodically measures the effectiveness of the workforce diversity program developed and maintained by the entity under such paragraph. Such system shall include requirements for the entity to—
monitor records of all personnel activity, including referrals, placements, transfers, promotions, terminations, and compensation, at all levels of employment with the entity to ensure the workforce diversity program is carried out in accordance with the purposes of this subsection;
require internal reporting on a scheduled basis as to the degree to which equal employment opportunity and organizational objectives are attained;
review the results of reports required under this subsection with all levels of management of the entity; and
advise top management of the entity of the effectiveness of the program and submit recommendations to improve unsatisfactory performance with respect to the program.
Compliance status—
In general— In determining whether an entity described in paragraph (1) has complied with the requirements for the workforce diversity program under this subsection, the head of the relevant Federal agency, in coordination with the Secretary of Labor, shall—
review the nature and extent of the entity's good faith in carrying out activities under paragraphs (4), (5), and (6), and the appropriateness of those activities to identify equal employment opportunity problems; and
analyze statistical data and other non-statistical information to indicate whether employees and applicants of the entity are being treated without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, or disability status.
Technical assistance— The head of the relevant Federal agency, in coordination with the Secretary of Labor, may provide technical assistance to an entity described in paragraph (1) to assist such entity in achieving compliance with the requirements under this subsection, which may include an agreement between the head of the relevant Federal agency and the entity requiring appropriate remedial measures.
Corrective action— If an entity described in paragraph (1) remains in noncompliance with the requirements under this subsection following technical assistance under subparagraph (B), the head of the relevant Federal agency, in coordination with the Secretary of Labor and the heads of the other relevant Federal agencies as applicable, may take corrective action against the entity. Such action may include—
the decision not to exercise an option on assistance awarded or to terminate the assistance awarded; or
in coordination with the heads of the other relevant Federal agencies, the decision to debar or suspend the entity from future participation in any of the covered infrastructure programs.
Paycheck Transparency—
In general— Except as provided in paragraph (3), each head of a relevant Federal agency shall require entities receiving a covered award or a covered subaward to provide each individual described in paragraph (2) with a document for each pay period containing information concerning, with respect to such individual for such pay period—
hours worked, including overtime hours worked;
pay, including any additions made to or deductions made from pay; and
job classification.
Individuals described— An individual described in this paragraph is any individual performing work on a project for an entity, receiving a covered award or covered subaward, that is required to maintain wage records with respect to such individual under—
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);
subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”);
chapter 67 of title 41, United States Code (commonly known as the “Service Contract Act”); or
any applicable State law.
Exceptions—
Employees exempt from overtime requirements— A document provided under paragraph (1) to an individual who is exempt under section 13 of the Fair Labor Standards Act of 1938 (29 U.S.C. 213) from the overtime compensation requirements under section 7 of such Act (29 U.S.C. 207) shall not be required to include a record of the hours worked by the individual if the entity receiving the covered award or covered subaward informs the individual of the status of such individual as exempt from such overtime compensation requirements.
Substantially similar State laws— The requirements under this subsection shall be deemed to be satisfied if the entity receiving the covered award or covered subaward complies with State or local requirements that the Secretary of Labor has determined are substantially similar to the requirements under this subsection.
Independent contractors— If an entity receiving a covered award or covered subaward treats an individual performing work on a project assisted by such award or subaward as an independent contractor, and not as an employee, of the entity, the entity shall provide the individual a document informing the individual of the status of the individual as an independent contractor.
Notice of hire—
In general— Each head of a relevant Federal agency shall require entities receiving a covered award or a covered subaward to provide each individual described in subsection (i)(2), at the time of hiring, a written notice containing each of the following:
The name of the entity, including any name used by the entity in conducting business.
The physical address of the entity’s main office or principal place of business, and a mailing address, if different from such physical address.
The telephone number of the entity.
The date on which the individual will regularly receive a paycheck from the entity.
The individual's rate of pay, and the basis of that rate, including (as applicable)—
by the hour, shift, day, week, salary, piece, or commission;
any allowances claimed as part of the minimum wage, including tips and meal or lodging allowances; and
overtime rate of pay, including any exemptions from overtime pay.
The individual’s job classification, and the prevailing wage for the corresponding class of laborers and mechanics employed on projects of a similar character in the locality in which the work is to be performed.
Enforcement—
Fine—
In general— The head of a relevant Federal agency may assess a civil fine, subject to clause (ii), of $500 against an entity that knowingly violates paragraph (1) for each individual to whom the entity failed to notify in violation of such paragraph.
Inflation— The head of a relevant Federal agency shall, for each year beginning 1 year after the date of enactment of this Act, adjust the amount under clause (i) for inflation.
Rebuttable presumption— The failure to provide a notice in compliance with paragraph (1) shall be a rebuttable presumption that an entity required to provide such notice knowingly violated such paragraph.
Neutrality—
Allowable costs— Except as provided in paragraph (2), an entity receiving a covered award or covered subaward may use the assistance of such award or subaward for costs incurred in maintaining satisfactory relations between the entity and employees of the entity on a project assisted by the award or subaward, including costs of shop stewards, labor management committees, employee publications, and other related activities.
Limitation on Federal assistance—
In general— No Federal assistance made available under a covered award or covered subaward may be used for costs incurred in—
activities undertaken to persuade employees of any entity to exercise or not to exercise, or concerning the manner of such employees in exercising or not exercising, the right to organize and bargain collectively through representatives of the employees' own choosing; or
any other activities that are subject to the requirements under section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 433(b)).
Examples— Examples of costs prohibited under subparagraph (A) include the costs of—
preparing and distributing materials for a purpose described in subparagraph (A);
hiring or consulting legal counsel or consultants for such purpose;
meetings held for such purpose (including paying the salaries of the attendees at such meetings); and
planning or conducting activities for such purpose during work hours by managers, supervisors, or labor organization representatives.
Complaint and dispute transparency—
In general—
Awards— Each head of a relevant Federal agency shall require entities receiving a covered award to agree that any decision to arbitrate the claim of an employee or independent contractor performing work for a project assisted by the award that arises under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises.
Subawards— Each head of a relevant Federal agency shall require that an entity covered under subparagraph (A) incorporate the requirement under such subparagraph into each subaward made for a project assisted by the award at any tier under the award.
Exception for employees and independents contractors—
In general— The requirements under paragraph (1) shall not apply with respect to an employee or independent contractor who—
is covered by a collective bargaining agreement negotiated between the entity receiving an award or subaward and a labor organization representing the employee or independent contractor; or
except as provided in subparagraph (B), entered into a valid agreement to arbitrate claims described in such paragraph before the entity received the award or subaward described in such paragraph.
Applicability— The requirements under paragraph (1) shall apply with respect to an employee or independent contractor of an entity receiving a covered award or covered subaward—
if the entity receiving the award or subaward is permitted to change the terms of the agreement described in subparagraph (A)(ii) with the employee or independent contractor; or
in the event such agreement is renegotiated or replaced after the entity receives the award or subaward.
Definitions— In this section:
Disabled individual— The term disabled individual has the meaning given such term in section 10421.
Individual with a barrier to employment— The term individual with a barrier to employment has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Veteran— The term veteran has the meaning given such term in section 10421.
Sec. 10463 Buy America Bureau
Definitions— In this section:
Buy America law— The term Buy America law means—
section 313 of title 23, United States Code;
section 5323(j) of title 49, United States Code;
section 22905(a) of title 49, United States Code;
section 50101(a) of title 49, United States Code;
section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388); and
section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)).
Director— The term Director means the Director of the Buy America Bureau established by subsection (b).
Establishment— There is established in the Department of Commerce an office, to be known as the “Buy America Bureau”.
Leadership— The Buy America Bureau shall be headed by a Director, who shall—
be appointed by the Secretary of Commerce; and
report to the Secretary of Commerce.
Duties— The Director shall—
establish a program to certify and conduct oversight of third-party auditors that work with entities that receive assistance under a covered infrastructure program to ensure compliance with Buy America laws;
establish guidelines for ensuring transparency in the Buy America auditing process under paragraph (1), including—
the use of and fulfillment of requests pursuant to section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”); and
the disclosure of information relating to a Buy America audit by third-party auditors under paragraph (1);
establish guidelines to support the establishment, strengthening, and oversight of compliance with Buy America laws, taking into consideration and seeking to maximize the direct and indirect domestic jobs benefitted or created;
establish a clearinghouse website to make publicly available information on—
Buy America audits conducted by third-party auditors under paragraph (1);
third-party auditors that have received a certification from the Director under paragraph (1); and
requested waivers of Buy America laws under covered infrastructure programs; and
submit to Congress an annual report on—
waivers from a Buy America law that have been requested;
waivers from a Buy America law that have been granted; and
any supply chain gaps in the United States that may need to be addressed to improve compliance with Buy America laws without a waiver.
E Transportation Infrastructure for Job Creation
Sec. 10501 Short title
This subtitle may be cited as the “Transportation Infrastructure for Job Creation Act”.
Sec. 10502 Findings
Congress finds the following:
Investments in infrastructure create jobs while fulfilling critical needs in communities throughout the United States.
According to the Brookings Institution, nearly 14.5 million workers—11 percent of the U.S. workforce—were employed in infrastructure jobs in 2013.
According to data from the Brookings Institution, infrastructure occupations often provide more competitive and equitable wages in comparison to all jobs nationally, consistently paying up to 30 percent more to low-income workers.
The American Society of Civil Engineers gave the infrastructure of the United States an overall grade of “D+” in 2017 and estimated that the United States will need to invest $4.59 trillion by 2025 in order to improve the condition of the Nation’s infrastructure and bring it to a state of good repair.
The American Society of Civil Engineers assigned a “D” grade to the Nation’s roads, a “C+” grade to the Nation’s bridges, and a “D−” grade to the Nation’s transit systems and estimated that the United States will need to invest $2.04 trillion by 2025 to bring the Nation’s surface transportation infrastructure to a state of good repair.
BUILD is a nationwide competitive grant program that creates jobs by funding investments in transportation infrastructure by States, local governments, and transit agencies.
BUILD is formally known as the Better Utilizing Investments to Leverage Development (BUILD) Transportation Grants program and was previously known as the Transportation Investment Generating Economic Recovery (TIGER) grant program.
BUILD funds projects that will have a significant impact on the Nation, a metropolitan area, or a region.
In distributing grants under BUILD, the Secretary of Transportation is required to ensure an equitable geographic distribution of funds, a balance in addressing the needs of urban and rural areas, and investments in a variety of modes of transportation.
TIGER or BUILD received an appropriation of $600,000,000 in fiscal year 2014, an appropriation of $500,000,000 in fiscal year 2015, an appropriation of $500,000,000 in fiscal year 2016, an appropriation of $500,000,000 in fiscal year 2017, and an appropriation of $1,500,000,000 in fiscal year 2018.
Past appropriations for TIGER and BUILD are not sufficient to address the need for investments in transportation infrastructure in communities throughout the United States as the amounts only fund a small fraction of the transportation infrastructure projects for which grant applications have been received.
Appropriating $7.5 billion in fiscal year 2019 for BUILD and allowing the funds to remain available for 6 years will enable the Secretary of Transportation to begin immediately to expand investments in transportation infrastucture throughout the United States.
Restricting appropriations for BUILD through the use of arbitrary budget caps or sequestration undermines economic recovery and job creation efforts; disrupts planning by States, local governments, and transit agencies; and leaves critical infrastructure needs unmet.
Emergency supplemental appropriations for BUILD, provided in addition to other appropriations and not subject to sequestration, will improve transportation infrastructure and create jobs throughout the United States without reducing funding for other domestic priorities.
An emergency supplemental appropriation of $7.5 billion for BUILD to be made available in fiscal year 2019 and to remain available for 6 years will allow the Secretary of Transportation to begin immediately to organize new competitions for BUILD grants and allow States, local governments, and transit agencies to prepare grant applications, thus ensuring an efficient use of funds and timely job creation.
Sec. 10503 Supplemental appropriations for BUILD discretionary grant program
The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2019:
Sec. 10504 Exemption from sequestration
The appropriation in section 10503 shall be exempt from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.
F Stephanie Tubbs Jones Assets for Independence Reauthorization Act
Sec. 10601 Short title; reference
Short title— This subtitle may be cited as the “Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2020”.
Reference— Except as otherwise expressly provided, wherever in this subtitle an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to that section or other provision of the Assets for Independence Act (42 U.S.C. 604 note).
Sec. 10602 Findings
Section 402 is amended—
in paragraph (2), by striking “Fully ½” and inserting “Almost 1/4”; and
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.”.
Sec. 10603 Sense of Congress
It is the sense of Congress that a qualified entity conducting a demonstration project under the Assets for Independence Act (42 U.S.C. 604 note) should, to the maximum extent practicable, increase—
the rate at which the entity matches contributions by individuals participating in the project under section 410(a)(1) of such Act; or
the number of individuals participating in the project.
Sec. 10604 Definitions
Section 404 is amended—
by amending paragraph (4) to read as follows:
“(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.”
in paragraph (5)(A)—
by striking clause (iii);
by redesignating clauses (iv) through (vi) as clauses (iii) through (v), respectively; and
in clause (iv), as redesignated by subparagraph (B), by striking “clause (vi)” and inserting “clause (v)”;
in paragraph (7)(A)—
by amending clause (ii) to read as follows:
“(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)));”
by striking clause (iii) and inserting the following:
“(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).”
in paragraph (8)—
in subparagraph (A)—
in the first sentence—
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
by inserting “, or to a vendor pursuant to an education purchase plan approved by a qualified entity” before the period;
in clause (i)—
in subclause (II), by inserting “or for courses described in subclause (III)” after “eligible educational institution”; and
by adding at the end the following new subclauses:
“(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).”
by amending clause (ii) to read as follows:
“(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)).”
by adding at the end the following new clause:
“(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).”
in subparagraph (B)—
by amending clause (i) to read as follows:
“(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.”
in clause (iii)—
by amending subclause (I) to read as follows:
“(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 such 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 such principal residence).”
by redesignating subclause (II) as subclause (III); and
by inserting after subclause (I) the following new subclause:
“(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.”
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
by inserting after subparagraph (B) the following new subparagraph:
“(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 such 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.”
by adding at the end the following new subparagraph:
“(F) Qualified tuition programs—Contributions paid from an individual development account of an eligible individual directly to a qualified tuition program (as defined in subsection (b) of section 529 of the Internal Revenue Code of 1986), for the purpose of covering qualified higher education expenses (as defined in subsection (e)(3) of such section) of a dependent of such individual (as such term is used in clause (ii) of subparagraph (E)).”
Sec. 10605 Applications
Section 405 is amended—
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
by adding at the end the following new subsection:
“(h) Applications for new projects and renewals of existing projects—For project years beginning on or after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2020, 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 the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2020, 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), taking into account the assessments required by subsection (c) and giving special consideration to the applications described in paragraph (3).
“(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 the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2020 or to $250,000, respectively.”
Sec. 10606 Demonstration authority; annual grants
Section 406(a) 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 such application)” after “the date of enactment of this title”.
Sec. 10607 Reserve Fund
Section 407(c) is amended—
in paragraph (1)(D), by inserting “or organizations” after “organization”; and
by amending paragraph (3) to read as follows:
“(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 two or more qualified entities are jointly administering a demonstration project, no one 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).”
Sec. 10608 Eligibility for participation
Section 408 is amended—
in subsection (a)—
by amending paragraph (1) to read as follows:
“(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 such taxable year; or
“(ii) 80 percent of the median income for the area for such 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 such 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 subsection (a)(1) of section 1 of the Internal Revenue Code of 1986.
“(II) Surviving spouse—$40,000 for an individual described in subsection (a)(2) of such section.
“(III) Head of household—$30,000 for an individual described in subsection (b) of such section.
“(IV) Single or married filing separately—$20,000 for an individual described in subsection (c) or (d) of such section.
“(iii) Adjustment for inflation
“(I) In general—In the case of a calendar year described in clause (i) that is after 2020, 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.”
in paragraph (2), by adding at the end the following new subparagraph:
“(D) Adjustment for inflation
“(i) In general—In the case of a calendar year described in subparagraph (A) that is after 2020, 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.”
by redesignating subsection (b) as subsection (c);
by inserting after subsection (a) the following new subsection:
“(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 such 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 such year.”
in subsection (c), as redesignated by paragraph (2)—
by striking “, including” and all that follows and inserting a period;
by striking “The Secretary” and inserting the following:
“(1) In general—The Secretary”
by adding at the end the following new paragraphs:
“(2) Individuals who move because of major disasters or emergencies or to find employment
“(A) In general—The regulations promulgated under paragraph (1) shall establish procedures under which an individual described in subparagraph (B) 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. Such regulations shall not permit such a transfer unless such 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 such 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 such 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 such community by the Governor of a State; or
“(III) a qualifying life event experienced by such 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));
“(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 such daycare; and
“(VI) a change in employment status of the individual, the individual’s spouse, 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) shall be permitted to withdraw funds from the individual development account of the individual during the 1-year period following the date such 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) 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 subsection (d)(2)(A) of section 410 are treated under subsection (f) of such section.
“(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.”
Sec. 10609 Deposits by qualified entities
Section 410 is amended—
in subsection (a)(2), by inserting “2 times” after “an amount equal to”;
in subsection (b), by striking “$2,000” and inserting “$5,000”;
in subsection (c), by striking “$4,000” and inserting “$10,000”;
in subsection (d)—
by striking “The Secretary shall” and inserting the following:
“(1) In general—The Secretary shall”
in paragraph (1), as amended by subparagraph (A), 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
by adding at the end the following new paragraph:
“(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 such account (whether such project ends by reason of expiration of the authority under section 406(a) of the qualified entity to conduct the demonstration project, termination of such 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 only make a withdrawal 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.”
by adding at the end the following new subsection:
“(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), such 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.”
Sec. 10610 Regulations
Section 411 is amended—
in the heading, by inserting “; regulations” after “projects”;
by striking “A qualified entity” and inserting the following:
“(a) Local control over demonstration projects—A qualified entity”
by adding at the end the following new subsection:
“(b) Regulations—Subject to subsection (a), not later than 180 days after the date of the enactment of the Stephanie Tubbs Jones Assets for Independence Reauthorization Act of 2020, 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 such date.”
Sec. 10611 Annual progress reports
Sec. 10612 Sanctions
In general— Section 413 is amended—
by amending subsection (b)(5) to read as follows:
“(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), 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), give priority to qualified entities that—
“(i) are participating in demonstration projects conducted under this title;
“(ii) have waiting lists for participants in such 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 subparagraph (A), to be committed to the demonstration project (or projects) described in subparagraph (A) as matching contributions; and
“(C) if the Secretary identifies a qualified entity (or entities) under 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 such 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.”
by adding at the end the following new subsection:
“(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.”
Effective date—
In general— The amendment made by subsection (a) shall apply to terminations occurring on or after the date of the enactment of this Act.
Discretionary application to previous terminations— The Secretary of Health and Human Services may apply such 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 such amendment to the date of the termination is deemed a reference to such date of enactment.
Sec. 10613 Evaluations
Section 414 is amended—
by amending subsection (a) to read as follows:
“(a) In general—The Secretary may enter into one or more contracts with one 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 contract or contracts may also provide for the evaluation of other asset-building programs and policies targeted to low-income individuals.”
in subsection (b)—
by striking paragraph (3);
in paragraph (4), by striking “, and how such effects vary among different populations or communities”;
by striking paragraphs (5) and (6); and
by redesignating paragraphs (4) and (7) as paragraphs (3) and (4), respectively; and
in subsections (b) and (c), by inserting “(or organizations)” after “research organization” each place it appears.
Sec. 10614 Costs of training qualified entities
The Assets for Independence Act (42 U.S.C. 604 note) is amended—
by redesignating section 416 as section 417; and
by inserting after section 415 the following new section:
“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 such training, including the costs of travel, accommodations, and meals.”
Sec. 10615 Waiver authority
The Assets for Independence Act (42 U.S.C. 604 note), as amended by section 14 of this Act, is amended—
by redesignating section 417, as so redesignated by section 14(1) of this Act, as section 418; and
by inserting after section 416 the following new section:
“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 such populations for participation.”
Sec. 10616 Authorization of appropriations
Section 418, as redesignated by section 10615(1) of this subtitle, is amended by inserting after “2003” the following: “and $75,000,000 for each of fiscal years 2021, 2022, 2023, 2024, and 2025”.
Sec. 10617 Conforming amendments
In general— Section 414(e) is amended by striking “section 416” and inserting “section 418”.
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 as follows:
By striking the item relating to section 411 and inserting the following new item:
By striking the items relating to sections 415 and 416 and inserting the following new items:
Sec. 10618 General effective date
The amendments made by sections 10604 through 10609 of this subtitle shall apply to project years beginning on or after the date of the enactment of this Act.
G Look-back Elimination
Sec. 10701 Short title
This subtitle may be cited as the “Look-back Elimination Act of 2020”.
Sec. 10702 Findings
The Congress finds as follows:
As part of President Franklin Delano Roosevelt’s New Deal, the Social Security Act of 1935 included the creation of the Aid to Dependent Children program as a way to provide Federal support to poor children. Over time, this program became the Aid to Families with Dependent Children (AFDC) program and provided assistance to struggling families for over 60 years.
Part E of title IV of the Social Security Act provides primary Federal funding for child welfare services. Under that part, the Federal Government pays a portion of the cost of providing Federal foster care and adoption assistance benefits for eligible children.
In 1996, when Congress replaced the AFDC program with the Temporary Assistance for Needy Families (TANF) program, Congress also fixed the income eligibility requirement for Federal foster care and adoption assistance benefits at a level based on the income thresholds established by the States under their former AFDC programs. This income eligibility requirement is now commonly referred to as the “AFDC look-back standard”.
At that time, many States had established very strict household income requirements in order for children to be eligible for AFDC benefits. As a result of this very strict requirement, many children in the Federal foster care and adoption assistance programs are ineligible to receive a wide range of Federal benefits, services, and activities. For example, this outdated, restrictive standard prevents the State of Georgia from providing assistance to more than half of the children in the child welfare system.
Forced to adhere to a stagnant standard, States increasingly struggle to administer Federal foster care and adoption assistance programs and provide services to those children most in need. As inflation increases, fewer children are eligible to receive Federal benefits, and States struggle to provide services from other, limited local and State resources.
Although the AFDC look-back standard still applies to the Federal foster care program, the Fostering Connections to Success and Increasing Adoptions Act of 2008 completely eliminated the AFDC look-back standard in the Federal adoption assistance program in 2018.
Sec. 10703 Elimination of the AFDC eligibility requirement in the foster care maintenance payments program
in paragraph (1), by striking “specified” and all that follows and inserting “or caretaker into foster care if the removal and foster care placement met, and continues to meet, the requirements of paragraph (2).”; and
by striking paragraphs (3) and (4).
Conforming amendment— Section 470 of such Act (42 U.S.C. 670) is amended by striking “who otherwise would have been eligible for assistance under the State’s plan approved under part A (as such plan was in effect on June 1, 1995)”.
Sec. 10704 Sense of the Congress
It is the sense of the Congress that—
the AFDC eligibility requirement for Federal foster care and adoption assistance benefits should be eliminated and replaced with income eligibility standards that are based on modern, balanced criteria that treat all children equally; and
the Secretary of Health and Human Services should collaborate with Members of Congress and child welfare advocates in developing any modified standards.
H Building Up Infrastructure and Limiting Disasters through Resilience
Sec. 10801 Short title
This subtitle may be cited as the “Building Up Infrastructure and Limiting Disasters through Resilience Act of 2020” or the “BUILD Resilience Act of 2020”.
Sec. 10802 Definitions
For purposes of this subtitle, the following definitions shall apply:
Eligible entity— The term “eligible entity” means—
a State;
a unit of general local government;
an Indian tribe; or
a regional entity comprised of entities described in subparagraph (A), (B), or (C).
National center— The term “National Center” means the National Research Center for Resilience established under section 10804.
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.
Resilience grant— The term “resilience grant” means a grant awarded under section 10803.
Secretary— The term “Secretary” means the Secretary of Housing and Urban Development.
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).
Sec. 10803 Community Resilience Grant Program
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.
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.
Eligible activities—
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).
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.
Matching requirement—
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.
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.
Application; selection; selection criteria; plans—
Applications—
Requirement— The Secretary shall provide for eligible entities to submit applications for resilience grants.
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.
Review and selection; criteria for selection—
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).
Criteria— The Secretary shall establish, by notice, and utilize criteria for selecting applications to be funded under this section, which shall—
be based primarily on a determination of greatest need, as such term is defined by the Secretary;
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;
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;
give consideration to the need for resilience grants to be awarded to eligible entities in each region of the United States; and
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.
Administration; treatment as CDBG funds— Except as otherwise provided by this Act, 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.).
Environmental reviews—
Assumption of responsibilities—
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.
Consultation— The Secretary shall issue regulations to carry out this paragraph only after consultation with the Council on Environmental Quality.
Submission of certification—
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).
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.
Requirements of certification— A certification under the procedures authorized by this subsection shall—
be in a form acceptable to the Secretary;
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;
specify that the recipient of the resilience grant has fully carried out its responsibilities as described under paragraph (1) of this subsection; and
specify that the certifying officer—
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
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.
Grants to States— In the case of a resilience grant made to a State—
the State shall perform those actions of the Secretary described in paragraph (2); and
the performance of such actions shall be deemed to satisfy the Secretary's responsibilities referred to in subparagraph (B) of such paragraph.
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)).
Sec. 10804 National Research Center for Resilience
Establishment— The Secretary, acting through the Office of Policy Development and Research, shall—
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
subject only to the availability of amounts provided in appropriation Acts, make annual grants of amounts made available pursuant to section 10807(b)(1) for the establishment and operation of the National Center.
Activities— The National Center shall—
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;
coordinate with any other relevant centers and entities throughout the Federal Government on efforts relating to improving community resilience:
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;
increase the public's knowledge and understanding of effective practices to improve regional and community resilience throughout the United States; and
make grants under subsection (d) for Regional Centers for Resilience.
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.
Grants for Regional Centers for Resilience—
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.
Support services— A Regional Center for Resilience receiving a grant under this section shall use such grant amounts to—
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;
provide technical assistance to prospective applicants for, and recipients of, resilience grants; and
collaborate with and share information with the National Center.
Sec. 10805 Annual programs report
The Secretary shall annually submit to the Congress, and make publicly available, a report on the programs carried out under this Act, 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.
Sec. 10806 GAO reports
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 Act.
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 Act.
Sec. 10807 Funding
Authorization of appropriations— There is authorized to be appropriated to carry out this Act $1,000,000,000 for each of fiscal years 2021 through 2025.
Allocation— Of any amounts appropriated for each such fiscal year—
1.0 percent shall be available for grants under section 10804;
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 10803 and 10804; and
the remainder shall be available for resilience grants under section 10803.
I Rebuild America’s Schools
Sec. 10901 Short title
This subtitle may be cited as the “Rebuild America’s Schools Act of 2020”.
Sec. 10902 Definitions
In this subtitle:
Appropriate congressional committees— The term appropriate congressional committees means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate.
Bureau-funded school— The term Bureau-funded school has the meaning given that term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021).
Covered funds— The term covered funds means funds received—
under part 1 of this subtitle;
from a school infrastructure bond; or
from a qualified zone academy bond (as such term is defined in section 54E of the Internal Revenue Code of 1986 (as restored by section 10921)).
ESEA Terms— The terms elementary school, outlying area, and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Local educational agency— The term local educational agency has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) except that such term does not include a Bureau-funded school.
Public school facilities— The term public school facilities means the facilities of a public elementary school or a public secondary school.
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.).
School infrastructure bond— The term school infrastructure bond has the meaning given such term in section 54BB of the Internal Revenue Code of 1986 (as added by section 10922).
Secretary— The term Secretary means the Secretary of Education.
State— The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
1 Grants for the long-term improvement of public school facilities
Sec. 10911 Purpose and reservation
Purpose— Funds made available under this part shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this subtitle.
Reservation for outlying areas and bureau-Funded schools—
In general— For each of fiscal years 2020 through 2029, the Secretary shall reserve, from the amount appropriated to carry out this part—
one-half of 1 percent, to provide assistance to the outlying areas; and
one-half of 1 percent, for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools.
Use of reserved funds—
In general— Funds reserved under paragraph (1) shall be used in accordance with sections 10931 through 10934.
Special rules for Bureau-funded schools—
Applicability— Sections 10931 through 10934 shall apply to a Bureau-funded school that receives assistance under paragraph (1)(B) in the same manner that such sections apply to a qualified local educational agency that receives covered funds. The facilities of a Bureau-funded school shall be treated as public school facilities for purposes of the application of such sections.
Treatment of tribally operated schools— The Secretary of the Interior shall provide assistance to Bureau-funded schools under paragraph (1)(B) without regard to whether such schools are operated by the Bureau of Indian Education or by an Indian Tribe. In the case of a Bureau-funded school that is a contract or grant school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)) operated by an Indian Tribe, the Secretary of the Interior shall provide assistance under such paragraph to the Indian Tribe concerned.
Sec. 10912 Allocation to States
Allocation to states—
State-by-state allocation— Of the amount appropriated to carry out this subtitle for each fiscal year and not reserved under section 10911(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).
State reservation— A State may reserve not more than 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this subtitle, which shall include—
providing technical assistance to local educational agencies, including by—
identifying which State agencies have programs, resources, and expertise relevant to the activities supported by the allocation under this section; and
coordinating the provision of technical assistance across such agencies;
in accordance with the guidance issued by the Secretary under section 10937, developing an online, publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the State (including the facilities of Bureau-funded schools, as appropriate), including, with respect to each such facility, an identification of—
the information described in clauses (i) through (vi) of subparagraph (F);
the age (including an identification of the date of any retrofits or recent renovations) of—
the facility;
its roof;
its lighting system;
its windows;
its ceilings;
its plumbing; and
its heating, ventilation, and air conditioning system;
fire safety inspection results; and
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 seismic natural disasters are seismically retrofitted;
updating the database developed under subparagraph (B) not less frequently than once every 2 years;
ensuring that the information in the database developed under subparagraph (B)—
is posted on a publicly accessible State website; and
is regularly distributed to local educational agencies and Tribal governments in the State;
issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects; and
issuing or reviewing regulations to ensure safe, healthy, and high-performing school buildings, including regulations governing—
indoor air quality and ventilation, including exposure to carbon monoxide and carbon dioxide;
mold, mildew, and moisture control;
the safety of drinking water at the tap and water used for meal preparation, including regulations that—
address the presence of lead and other contaminants in such water; and
require the regular testing of the potability of water at the tap;
energy and water efficiency;
excessive classroom noise due to activities allowable under section 10931; and
the levels of maintenance work, operational spending, and capital investment needed to maintain the quality of public school facilities; and
creating a plan to reduce or eliminate exposure to toxins and chemicals, including mercury, radon, PCBs, lead, vapor intrusions, and asbestos.
State plan—
In general— To be eligible to receive an allocation under this section, a State shall submit to the Secretary a plan that—
describes how the State will use the allocation to make long-term improvements to public school facilities;
explains how the State will carry out each of its responsibilities under subsection (a)(2);
explains how the State will make the determinations under subsections (b) and (c) of section 103;
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
includes such other information as the Secretary may require.
Approval and disapproval— The Secretary shall have the authority to approve or disapprove a State plan submitted under paragraph (1).
Conditions— As a condition of receiving an allocation under this section, a State shall agree to the following:
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.
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.
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.
Sec. 10913 Need-based grants to qualified local educational agencies
Grants to local educational agencies—
In general— Subject to paragraph (2), from the amounts allocated to a State under section 10912(a) and contributed by the State under section 10912(c)(1), the State shall award grants to qualified local educational agencies, on a competitive basis, to carry out the activities described in section 10931(a).
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 10931(b).
Eligibility—
In general— To be eligible to receive a grant under this section a qualified local educational agency—
shall be among the local educational agencies in the State 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));
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; and
may be among the local educational agencies in the State—
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; and
with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of—
the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools;
whether the agency has been able to issue bonds or receive other funds to support school construction projects; and
the bond rating of the agency.
Geographic distribution— The State shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the State.
Priority of grants— In awarding grants under this section, the State—
shall give priority to qualified local educational agencies that—
demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b);
will use the grant to improve the facilities of—
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
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); and
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
may give priority to qualified local educational agencies that—
will use the grant to improve access to high-speed broadband sufficient to support digital learning accordance with section 10931(b);
serve elementary schools or secondary schools, including rural schools, that lack such access; and
meet one or more of the requirements set forth in subparagraphs (A) through (C) of paragraph (1).
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—
the information necessary for the State to make the determinations under subsections (b) and (c);
a description of the projects that the agency plans to carry out with the grant;
an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency; and
in the case of a local educational agency that proposes to fund a repair, renovation, or construction project for a public charter school, the extent to which—
the public charter school lacks access to funding for school repair, renovation, and construction through the financing methods available to other public schools or local educational agencies in the State; and
the charter school operator owns or has care and control of the facility that is to be repaired, renovated, or constructed.
Facilities master plan—
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.
Elements— The facilities master plan required under paragraph (1) shall include, with respect to all public school facilities of the qualified local educational agency, a description of—
the extent to which public school facilities meet students’ educational needs and support the agency’s educational mission and vision;
the physical condition of the public school facilities;
the current health, safety, and environmental conditions of the public school facilities, including—
indoor air quality;
the presence of hazardous and toxic substances and chemicals;
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;
energy and water efficiency;
excessive classroom noise; and
other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students;
how the local educational agency will address any conditions identified under subparagraph (C);
the impact of current and future student enrollment levels (as of the date of application) on the design of current and future public school facilities, as well as the financial implications of such enrollment levels;
the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities, including—
any funds in the budget of the agency that will be dedicated to such projects; and
any funds not in the budget of the agency that will be dedicated to such projects, including any funds available to the agency as the result of a bond issue; and
the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities, including—
any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities; and
any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities.
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.
Supplement not supplant— A qualified local educational agency shall use a grant received under this section only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds.
Sec. 10914 Annual report on grant program
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 part.
Elements— The report under subsection (a) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following:
An identification of each local educational agency that received a grant under this part.
With respect to each such agency, a description of—
the demographic composition of the student population served by the agency, disaggregated by—
race;
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
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.);
the population density of the geographic area served by the agency;
the projects for which the agency used the grant received under this part;
the demonstrable or expected benefits of the projects; and
the estimated number of jobs created by the projects.
The total dollar amount of all grants received by local educational agencies under this part.
LEA information collection— A local educational agency that receives a grant under this part shall—
annually compile the information described in subsection (b)(2);
make the information available to the public, including by posting the information on a publicly accessible agency website; and
submit the information to the State.
State information distribution— A State that receives information from a local educational agency under subsection (c) shall—
compile the information and report it annually to the Secretary at such time and in such manner as the Secretary may require;
make the information available to the public, including by posting the information on a publicly accessible State website; and
regularly distribute the information to local educational agencies and Tribal governments in the State.
Sec. 10915 Authorization of appropriations
There are authorized to be appropriated $7,000,000,000 for each of fiscal years 2020 through 2029 to carry out this part.
2 School infrastructure bonds
Sec. 10921 Restoration of certain qualified tax credit bonds
Allowance of credit—
In general— Section 54A of the Internal Revenue Code of 1986, as in effect before repeal by Public Law 115–97, is restored as if such repeal had not taken effect.
Credit limited to certain bonds— Section 54A(d)(1) of such Code, as restored by paragraph (1), is amended by striking subparagraphs (A), (B), and (C).
Credit allowed to issuer—
In general— Section 6431 of the Internal Revenue Code of 1986, as in effect before repeal by Public Law 115–97, is restored as if such repeal had not taken effect.
School infrastructure bonds— Section 6431(f)(3) of such Code, as restored by paragraph (1), is amended by inserting “any school infrastructure bond (as defined in section 54BB) or” before “any qualified tax credit bond”.
Qualified zone academy bonds—
In general— Section 54E of the Internal Revenue Code of 1986, as in effect before repeal by Public Law 115–97, is restored as if such repeal had not taken effect.
Removal of private business contribution requirement— Section 54E of the Internal Revenue Code of 1986, as restored by paragraph (1), is amended—
in subsection (a)(3), by inserting “and” at the end of subparagraph (A), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B);
by striking subsection (b); and
in subsection (c)(1)—
by striking “and $400,000,0000” and inserting “$400,000,000”; and
by striking “and, except as provided” and all that follows through the period at the end and inserting “, and $1,400,000,000 for 2020 and each year thereafter.”.
Construction of a public school facility— Section 54E(d)(3)(A) of the Internal Revenue Code of 1986, as restored by paragraph (1), is amended by striking “rehabilitating or repairing” and inserting “constructing, rehabilitating, retrofitting, or repairing”.
Effective date— The amendments made by this section shall apply to obligations issued after December 31, 2019.
Sec. 10922 School infrastructure bonds
In general— The Internal Revenue Code of 1986 is amended by inserting after subpart I (as restored by section 10921) of part IV of subchapter A of chapter 1 the following new subpart:
“J School infrastructure bonds
“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 10931 of the Rebuild America’s Schools Act of 2020,
“(B) the interest on such obligation would (but for this section) be excludable from gross income under section 10913,
“(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 section 6431(a),
“(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 10931 of the Rebuild America’s Schools Act of 2020 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 2020,
“(2) $10,000,000,000 for 2021, and
“(3) $10,000,000,000 for 2022.
“(g) Allocation of limitation
“(1) Allocations
“(A) States—After application of subparagraph (B) and paragraph (3)(A), 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) Certain possessions—One-half of 1 percent of the amount of the limitation applicable under subsection (f) for any calendar year shall be allocated by the Secretary to possessions of the United States other than Puerto Rico for such calendar year shall be one-half of 1 percent.
“(2) Allocations to schools—The limitation amount allocated to a State or possession under paragraph (1) 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 or possession in accordance with the priorities described in section 10913(c) the of the Rebuild America’s Schools Act of 2020 and the eligibility requirements described in section 10913(b) of such Act, except that paragraph (1)(C) of such section shall not apply to the determination of eligibility for such allocation.
“(3) Allocations for Indian schools
“(A) In general—One-half of 1 percent of the amount of the limitation applicable under subsection (f) for any calendar year shall be allocated by the Secretary to the Secretary of the Interior for schools funded by the Bureau of Indian Affairs for such calendar year.
“(B) Allocation to schools—The limitation amount allocated to the Secretary of the Interior under paragraph (1) shall be allocated by such Secretary to issuers or schools funded as described in paragraph (2). 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.
“(4) Digital learning—Up to 10 percent of the limitation amount allocated under paragraph (1) or (3)(A) may be allocated by the State to issuers within such State to carry out activities to improve digital learning in accordance with section 10931(b) of the Rebuild America’s Schools Act of 2020.
“(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).”
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.
Application of certain labor standards to projects financed with certain tax-Favored bonds—
In general— Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of—
any school infrastructure bond (as defined in section 54BB of the Internal Revenue Code of 1986); and
any qualified zone academy bond (as defined in section 54E of the Internal Revenue Code of 1986) issued after the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009.
Conforming amendment— Section 1601 of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively.
Clerical amendments— The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following:
Effective Date— The amendments made by this section shall apply to obligations issued after December 31, 2019.
Sec. 10923 Annual report on bond program
In general— Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the school infrastructure bond program.
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:
An identification of—
each local educational agency that received funds from a school infrastructure bond; and
each local educational agency that was eligible to receive such funds—
but did not receive such funds; or
received less than the maximum amount of funds for which the agency was eligible.
With respect to each local educational agency described in paragraph (1)—
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—
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;
whether the agency has been able to issue bonds to fund construction projects, including—
qualified zone academy bonds under section 54E of the Internal Revenue Code of 1986; and
school infrastructure bonds under section 54BB of the Internal Revenue Code of 1986; and
the bond rating of the agency;
the demographic composition of the student population served by the agency, disaggregated by—
race;
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
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.);
the population density of the geographic area served by the agency;
a description of the projects carried out with funds received from school infrastructure bonds;
a description of the demonstrable or expected benefits of the projects; and
the estimated number of jobs created by the projects.
The total dollar amount of all funds received by local educational agencies from school infrastructure bonds.
Any other factors that the Secretary of the Treasury determines to be appropriate.
Information collection— A State or local educational agency that receives funds from a school infrastructure bond shall—
annually compile the information necessary for the Secretary of the Treasury to determine the elements described in subsection (b); and
report the information to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require.
3 General provisions
Sec. 10931 Allowable uses of funds
In general— Except as provided in section 10932, a local educational agency that receives covered funds may use such funds to—
develop the facilities master plan required under section 10913(e);
construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to seismic natural disasters;
carry out major repairs of public school facilities;
install furniture or fixtures with at least a 10-year life in public school facilities;
construct new public school facilities;
acquire and prepare sites on which new public school facilities will be constructed;
extend the life of basic systems and components of public school facilities;
reduce current or anticipated overcrowding in public school facilities;
ensure the building envelopes of public school facilities protect occupants and interiors from the elements and are structurally sounds and secure;
improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities;
improve indoor air quality in public school facilities;
reduce or eliminate the presence of—
toxins and chemicals, including mercury, radon, PCBs, lead, and asbestos;
mold and mildew; or
rodents and pests;
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;
bring public school facilities into compliance with applicable fire, health, and safety codes;
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);
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, the arts, and literacy (including library programs);
increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services;
ensure the health of students and staff during the construction or modernization of public school facilities; or
reduce or eliminate excessive classroom noise due to activities allowable under this section.
Allowance for digital learning— A local educational agency may use funds received under section 10913(a)(2) or proceeds from a school infrastructure bond limitation allocated under section 54BB(g) of the Internal Revenue Code of 1986 (as added by section 10922) to leverage existing public programs or public-private partnerships to expand access to high-speed broadband sufficient for digital learning.
Sec. 10932 Prohibited uses
A local educational agency that receives covered funds may not use such funds for—
payment of routine and predictable maintenance costs and minor repairs;
any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public;
vehicles; or
central offices, operation centers, or other facilities that are not primarily used to educate students.
Sec. 10933 Green Practices
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 the applicable provisions of—
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”);
the Living Building Challenge developed by the International Living Future Institute;
a green building rating program developed by the Collaborative for High-Performance Schools (commonly known as “CHPS”) that is CHPS-verified; or
a program that—
has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (3);
is adopted by the State or another jurisdiction with authority over the agency; and
includes a verifiable method to demonstrate compliance with such program.
Applicable percentage— The applicable percentage described in this subsection is—
for fiscal year 2020, 60 percent;
for fiscal year 2021, 70 percent;
for fiscal year 2022; 80 percent;
for fiscal year 2023, 90 percent; and
for each of fiscal years 2024 through 2029, 100 percent.
Sec. 10934 Use of American iron, steel, and manufactured products
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.
Waiver authority—
In general— The Secretary may waive the requirement of subsection (a) if the Secretary determines that—
applying subsection (a) would be inconsistent with the public interest;
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
using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent.
Publication— Before issuing a waiver under paragraph (1), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination.
Consistency with international agreements— This section shall be applied in a manner consistent with the obligations of the United States under international agreements.
Definitions— In this section:
Produced in the United States— The term produced in the United States means the following:
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.
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—
steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and
steel or iron material or products manufactured in the United States from semi-finished steel or iron of foreign origin.
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—
electrical components; and
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.
Sec. 10935 Comptroller general report
In general— Not later than 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.
Elements— The report under subsection (a) shall include an assessment of—
the types of projects carried out with covered funds;
the geographic distribution of the projects;
an assessment of the impact of the projects on the health and safety of school staff and students; and
how the Secretary or States could make covered funds more accessible—
to schools with the 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
to schools with fiscal challenges in raising capital for school infrastructure projects.
Updates— The Comptroller General shall update and resubmit the report to the appropriate congressional committees—
on a date that is between 5 and 6 years after the date of the enactment of this Act; and
on a date that is between 10 and 11 years after such date of enactment.
Sec. 10936 Study and report physical condition of public schools
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—
carry out a comprehensive study of the physical conditions of all public schools in the United States; and
submit a report to the appropriate congressional committees that includes that results of the study.
Elements— Each study and report under subsection (a) shall include an assessment of—
the effect of school facility conditions on student and staff health and safety;
the effect of school facility conditions on student academic outcomes;
the condition of school facilities, set forth separately by geographic region;
the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups;
the accessibility of school facilities for students and staff with disabilities; and
an explanation of any differences observed with respect to the factors described in paragraphs (1) through (5) between local educational agencies that received covered funds and agencies that did not receive such funds.
Sec. 10937 Development of data standards
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—
identify the data that States should collect and include in the databases developed under section 10912(a)(2)(B);
develop standards for the measurement of such data; and
issue guidance to States concerning the collection and measurement of such data.
Officials— The officials described in this subsection are—
the Administrator of the Environmental Protection Agency;
the Secretary of Energy;
the Director of the Centers for Disease Control and Prevention; and
the Director of the National Institute for Occupational Safety and Health.
Sec. 10938 Information clearinghouse
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—
energy efficiency projects;
distributed generation projects; and
energy retrofitting projects.
Elements— In carrying out subsection (a), the Secretary shall—
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
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 educational agencies, and schools to effectively access and use such Federal programs and financing mechanisms.
4 Impact aid construction
Sec. 10941 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) $18,756,765 for fiscal year 2020;
“(2) $50,406,000 for each of fiscal years 2021 and 2022; and
“(3) $52,756,765 for fiscal year 2023.”
J Rehabilitation of Historic Schools
Sec. 11101 Short title
This subtitle may be cited as the “Rehabilitation of Historic Schools Act of 2020”.
Sec. 11102 Qualification of rehabilitation expenditures for public school buildings for rehabilitation credit
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.”
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).
Effective date— The amendment made by this section shall apply to property placed in service after the date of the enactment of this Act.
K Today’s American Dream
Sec. 11201 Job skills training for older individuals
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.
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.
Sec. 11202 Extension of work opportunity tax credit for certain targeted groups
In general— Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting “(December 31, 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.
Effective date— The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2022.
Sec. 11203 Youth and summer jobs
Intern wage credit—
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.”
Conforming amendments—
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).”
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:
Effective date— The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act.
Sec. 11204 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.”
Sec. 11205 Tax credit for providing programs for students that promote economic and financial literacy
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. (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
“(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 (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 (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.”
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).”
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:
Report—
In general— The Secretary of the Treasury (or the Secretary’s delegate) shall submit a report on—
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
recommendations (if any) for improving such credit to make it more effective.
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.
Effective date— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Sec. 11206 Teacher recruiting
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.
by redesignating part C as part E;
by redesignating section 261 as section 281; and
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.”
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 2021 through 2026.”
Sec. 11207 Recidivism reduction working group
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.
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.
Authorization of appropriations— There is authorized to be appropriated $1,000,000 to the working group for each of fiscal years through 2025 to carry out this subsection.
Sec. 11208 Commendable release program
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.
Programs described— The programs described in this subsection are the following:
Tanf— Assistance under a State program funded under part A of title IV of the Social Security Act.
Snap— The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
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.
Sec. 11209 Increase in work opportunity tax credit for hiring qualified ex-felons
In general— Section 51(b)(3) of the Internal Revenue Code of is amended by inserting “or any individual who is a qualified exfelon” after “subsection (d)(3)(A)(ii)(I)”.
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.
Sec. 11210 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 2021, 2022, 2023, and 2024.”
Sec. 11211 Expansion of eligible programs
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended—
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.”
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.”
L Environmental Health Workforce
Sec. 11301 Short title
This subtitle may be cited as the “Environmental Health Workforce Act of 2020”.
Sec. 11302 Findings
The Congress finds as follows:
The environmental health workforce is vital to protecting the health and safety of the public.
For years, State and local governmental public health agencies have reported substantial workforce losses and other challenges to the environmental health workforce.
According to the Association of State and Territorial Health Officials (ASTHO) and the National Association of County and City Health Officials (NACCHO), more than 50,600 State and local environmental health workforce jobs have been lost since 2008. This represents approximately 22 percent of the total State and local environmental health workforce.
In the coming years, the retiring Baby Boomer Generation will lead to a further decrease in the environmental health workforce.
Currently, only 28 States require a credential for environmental health workers that is an impartial, third-party endorsement of an individual’s professional knowledge and experience.
Educating and training existing and new environmental health professionals should be a national public health goal.
Sec. 11303 Model standards and guidelines for credentialing environmental health workers
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.
Provision of standards and technical assistance— The Secretary of Health and Human Services shall provide to State, local, and tribal governments—
the model standards and guidelines developed under subsection (a); and
technical assistance in credentialing environmental health workers.
Sec. 11304 Environmental Health Workforce Development Plan
In general— To ensure that programs and activities (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 programs and activities that—
includes performance measures to more clearly determine the extent to which these programs and activities are meeting the Department’s strategic goal of strengthening the environmental health workforce;
identifies and communicates to stakeholders any gaps between existing programs and activities and future environmental health workforce needs identified in workforce projections of the Health Resources and Services Administration;
identifies actions needed to address such identified gaps; and
identifies any additional statutory authority that is needed by the Department to implement such identified actions.
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 Labor of the House of Representatives, the plan developed under subsection (a).
Sec. 11305 Environmental health workforce development report
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—
types of environmental health workers employed at State, local, and city health departments and independent environmental health agencies;
educational backgrounds of environmental health workers;
whether environmental health workers are credentialed or registered, and what type of credential or registration each worker has received;
State requirements for continuing education for environmental health workers;
whether State, local, and city health departments and independent environmental health agencies track continuing education units for their environmental health workers; and
how frequently any exam required to qualify environmental health workers is updated and reviewed to ensure that the exam is consistent with current law.
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 (such as Maryland, Ohio, and Washington) and 3 States that do not have such requirements (such as Indiana, Michigan, and Pennsylvania).
Sec. 11306 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)—
in clause (i), by striking “or” at the end;
in clause (ii), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(iii) a full-time job as an environmental health worker (as defined in section 11307 of the Environmental Health Workforce Act of 2020) who is accredited, certified, or licensed in accordance with applicable law.”
Sec. 11307 Definition
In this subtitle, 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 hazards.
M 21st Century STEM for Girls and Underrepresented Minorities
Sec. 11401 Short title
This subtitle may be cited as the “21st Century STEM for Girls and Underrepresented Minorities Act”.
Sec. 11402 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—Beginning not later than 90 days after the date of the enactment of this part, the Secretary shall carry out a program under which the Secretary makes grants to qualified local educational agencies, on a competitive basis, to pay the costs of carrying out STEM education activities for girls and underrepresented minorities as described in subsection (c).
“(b) Application
“(1) In general—To be eligible to receive a grant under this part, a qualified local educational agency shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may reasonably require. At minimum, the application shall include a description of the following:
“(A) The educational program that will be carried out by the local educational agency using the grant, including the content of the program and the research and models used to design the program.
“(B) How elementary and secondary schools served by the agency will collaborate to fulfill goals of the program.
“(C) How the agency will ensure that there is a comprehensive plan to improve STEM education for girls and underrepresented minorities in grades kindergarten through grade 12.
“(D) The process that will be used for the recruitment and selection of students for participation in the program.
“(E) The instructional and motivational activities that will be included as part of the program.
“(F) Any expected collaboration among local, regional, or national institutions and organizations for the purpose of fulfilling the goals of the program.
“(2) Priority—In selecting among applications, the Secretary shall give priority to qualified local educational agencies that partner or coordinate, to the extent practicable, with local, regional, or national institutions and organizations that have extensive experience and expertise in—
“(A) increasing the participation of girls or underrepresented minorities in STEM fields; or
“(B) conducting research on methods to increase such participation.
“(c) Use of funds—A qualified local educational agency that receives a grant under this part shall use the grant to carry out a STEM education program for girls and underrepresented minorities from elementary and secondary schools served by the agency. The program may include the following activities:
“(1) Preparing girls and underrepresented minorities for careers in STEM fields and the advantages of pursuing careers in such fields.
“(2) Educating the parents of girls and underrepresented minorities about the opportunities and advantages of STEM careers.
“(3) Enlisting the help of the parents of girls and underrepresented minorities—
“(A) to overcome the obstacles faced by such groups; and
“(B) to encourage their child’s continued interest and involvement in STEM subjects.
“(4) Providing tutoring and mentoring programs in STEM subjects.
“(5) Establishing partnerships and other opportunities that expose girls and underrepresented minorities to role models in the STEM fields.
“(6) Enabling female and underrepresented minority students and their teachers to attend events and academic programs in STEM subjects.
“(7) Providing after school activities designed to encourage interest and develop the skills of girls and underrepresented minorities in STEM subjects.
“(8) Summer programs designed to help girls and underrepresented minorities—
“(A) develop an interest in STEM subjects;
“(B) develop skills in such subjects; and
“(C) understand the relevance and significance of such subjects.
“(9) Purchasing—
“(A) educational instructional materials or software designed to help girls and underrepresented minorities develop an interest in STEM subjects; or
“(B) equipment, instrumentation, or hardware for teaching STEM subjects to girls and underrepresented minorities and encouraging their interest in such subjects.
“(10) Field trips to locations, including institutions of higher education, to expose girls and underrepresented minorities to STEM activities, encourage their interest in such activities, and acquaint them with careers in STEM fields.
“(11) Providing academic advice and assistance in high school course selection to encourage girls and underrepresented minorities to take advanced courses in STEM subjects.
“(12) Paying up to 50 percent of the cost of an internship in a STEM discipline for female and underrepresented minority students.
“(13) Providing professional development for teachers and other school personnel, including with respect to—
“(A) eliminating gender and racial bias in the classroom;
“(B) sensitivity to gender and racial differences;
“(C) engaging students in the face of gender-based and racial peer pressure and parental expectations;
“(D) creating and maintaining a positive environment; and
“(E) encouraging girls and underrepresented minorities through academic advice and assistance to pursue advanced classes and careers in STEM fields.
“(14) Such other STEM-related activities as the local educational agency determines to be appropriate.
“(d) Grant duration and amount
“(1) Duration—Each grant under this section shall be made for a period of 4 years.
“(2) Amount—The amount of each grant under this section shall be $250,000 for each year of the grant period.
“(e) Supplement, not supplant—A qualified local educational agency that receives a grant under this section shall use the grant only to supplement, and not to supplant, other assistance and funds made available from non-Federal sources for the activities supported by the grant.
“(f) Annual evaluations
“(1) Evaluation required—Not later than 30 days after last day of each school year for which a qualified local educational agency receives a grant under this section, the agency shall submit to the Secretary a written evaluation of the program carried out using the grant.
“(2) Elements—The evaluation required under subsection (a) shall include—
“(A) a description of the program and activities carried out using the grant;
“(B) a description of the curriculum and any partnerships developed using the grant;
“(C) the percentage of time that students who participated in the program spent directly engaged in STEM activities;
“(D) an assessment of the academic progress made by such students during the program, which shall be based on an evaluation of each student at the beginning of the program and after the student completes the program; and
“(E) such other information as the Secretary may require.
“(g) Definitions—In this section:
“(1) The term STEM means science, technology, engineering, and mathematics.
“(2) The term qualified local educational agency means a local agency that—
“(A) receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.); and
“(B) serves a total student population of which not less than 40 percent are children 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.).
“4702. Authorization of appropriations
“There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2022 through 2025.”
N Women’s Equality Workforce Oversight
Sec. 11501 Short title
This subtitle may be cited as the “Women’s Equality Workforce Oversight Act” or the “WE Work Act”.
Sec. 11502 GAO study
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.
Suggested agencies— Such agencies shall include, at a minimum—
the Department of Labor, specifically the Women’s Bureau at such Department;
the Department of Transportation;
the Small Business Administration, including the Office of Women’s Business Ownership; and
any apprenticeship program that receives funding from a Federal agency.
Sec. 11503 Contents of study
In general— The study required by section 11502 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:
Policies and procedures— The study shall examine—
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;
each agency’s compliance with its statutory and regulatory requirements on these matters;
any policy changes in the agency within the study period, and the reasoning for such changes; and
any procedural changes to the agency’s reporting and participation within the agency.
Impact— The study shall also examine—
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;
the number of organizations who received such outreach, services, and other engagement with the agency;
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;
Appropriations and staff— The study shall consider—
any reductions to appropriations and obligations for each agency and the actual and projected impact of these reductions; and
any staff reductions in each agency, including attrition, vacancies, and positions eliminated and the impact of these changes.
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.
Sec. 11504 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 Government Affairs and Health, Education, Labor and Pensions of the Senate.
O Jobs Now
Sec. 11601 Short title
This subtitle may be cited as the “Jobs Now Act of 2020”.
Sec. 2 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 2022 and 2023.”
P Back to Basics Job Creation
Sec. 11701 Short title
This subtitle may be cited as the “Back to Basics Job Creation Act of 2020”.
Sec. 11702 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, 2022, 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 2021. The amounts appropriated under this section are authorized to remain available through December 31, 2022.
“(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.”
Q Veterans Armed for Success
Sec. 11801 Short title
This subtitle may be cited as the “Veterans Armed for Success Act”.
Sec. 11802 Grants for provision of transition assistance to members of the Armed Forces recently separated from active duty service
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.
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 successful transition, as determined by the Secretary.
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, in consultation with the Secretary of Labor, may require.
Priority for hubs of service— In making grants under this section, the Secretary shall give priority to an organization that provides multiple forms of services described in subsection (b).
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).
Deadline for implementation— The Secretary shall begin carrying out this section not later than six months after the date of the enactment of this Act.
Termination— The authority to provide a grant under this section shall terminate on the date that is five years after the date on which the Secretary begins carrying out this section.
Authorization of appropriations— There is authorized to be appropriated $10,000,000 to carry out this section.
R Leveraging and Energizing America’s Apprenticeship Programs
Sec. 11901 Short title
This subtitle may be cited as the “Leveraging and Energizing America’s Apprenticeship Programs Act” or the “LEAP Act”.
Sec. 11902 Credit for employees participating in qualified apprenticeship programs
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:
“45T. 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 subparagraph (A), 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.”
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 (31), by striking the period at the end of paragraph (32) and inserting “, plus”, and by adding at the end the following new paragraph:
“(33) the apprenticeship credit determined under section 45T(a).”
Denial of double benefit— Subsection (a) of section 280C of such Code is amended by inserting “45T(a),” after “45S(a),”.
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:
Effective date— The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.
S Opening Doors for Youth
Sec. 12101 Short title
This subtitle may be cited as the “Opening Doors for Youth Act of 2020”.
Sec. 12102 Findings
Congress finds the following:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Sec. 12103 Authorization of appropriations
Sec. 12104 Reservation of funds for administrative and other purposes
Reservation of funds— The Secretary of Labor shall reserve—
not more than 5 percent of amounts available under each of paragraphs (1) through (3) of section 12103 for the costs of innovation and learning activities under section 12110;
not more than 5 percent of amounts available under each of paragraphs (1) through (3) of section 12103 for the costs of Federal administration of this subtitle; and
not more than 2 percent of amounts available under each of paragraphs (1) through (3) of section 12103 for the costs of evaluations conducted under section 12111.
Period of availability— The amounts appropriated under this subtitle 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.
Sec. 12105 Summer employment opportunities for at-risk youth
In general— Of the amounts available under section 12103(1) that are not reserved under section 12104, the Secretary of Labor shall, for the purpose of carrying out summer employment programs under this section—
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);
reserve not more than one-quarter of 1 percent of such amounts to provide assistance to the outlying areas; and
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).
Within State allocations—
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.
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).
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)).
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 12110.
Local plans—
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.
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 12106 in lieu of submitting two plans.
Contents— At a minimum, each plan shall include—
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;
a description of how the local area will recruit eligible youth into the program;
the number of individuals expected to participate in the summer employment program each program year;
a description of the services, including supportive services, that the summer employment program is expected to provide;
reasonable goals for performance accountability measures outlined in subsection (i);
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.);
an assurance that the local area will adhere to the labor standards outlined in section 12108; and
any other information as the Governor may reasonably require.
Local use of funds—
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.
Local activities—
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—
plan, develop, and carry out activities described in paragraph (3)(B);
at the local area’s discretion, develop technology infrastructure, including data and management systems, to support program activities;
conduct outreach to youth participants and employers; and
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.
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—
increase the number of summer employment opportunities, including unsubsidized or partly subsidized opportunities and opportunities in the private sector;
conduct outreach to youth participants and employers;
use allocated program funds to subsidize not more than 50 percent of the wages of each youth participant; and
at the local area’s discretion, enhance activities described in paragraph (3)(B).
Local elements—
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—
be less than 4 weeks; and
pay less than the highest of the Federal, State, or local minimum wage.
Program elements— Program elements include—
work-readiness training and educational programs to enhance the summer employment opportunity;
coaching and mentoring services for youth participants to enhance the summer employment opportunity and encourage program completion;
coaching and mentoring services for employers on how to successfully employ each youth participant in meaningful work;
career and college planning services;
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;
supportive services, or connection to existing supportive services, to enable participation in the program;
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;
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;
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
commitment and support from mayors or county executives.
Priority— Priority shall be given to summer employment opportunities—
in existing or emerging in-demand industry sectors or occupations; or
that meet community needs in the public, private, or nonprofit sector.
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.
Reports—
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—
the number of youth participants in the program, including the number of in-school and out-of-school youth;
the number of youth participants who completed the summer employment opportunity;
the expenditures made from the amounts allocated under this section, including expenditures made to provide youth participants with supportive services;
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;
the source and amount of funding for the wages of each youth participant;
information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (i) for the program;
the average number of hours and weeks worked and the average amount of wages earned by youth participants in the program;
the percent of youth participants placed in employment opportunities in the nonprofit, public, and private sectors; and
any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program.
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)).
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.
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.
Sec. 12106 Year-round employment for opportunity youth
In general— Of the amounts available under section 12103(1) that are not reserved under section 12104, the Secretary of Labor shall, for the purpose of carrying out year-round employment programs under this section—
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
reserve not more than one-quarter of 1 percent of such amounts to provide assistance to the outlying areas.
Within state allocations—
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.
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).
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)).
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 12110.
Local plans—
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.
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 12105 in lieu of submitting two plans.
Contents— At a minimum, each plan shall include—
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;
a description of how the local area will recruit eligible youth into the program;
the number of individuals expected to participate in the year-round employment program each program year;
a description of the services, including supportive services, that the year-round employment program is expected to provide;
reasonable goals for performance accountability measures outlined in subsection (i);
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.);
an assurance that the local area will adhere to the labor standards outlined in section 12108; and
any other information as the Governor may reasonably require.
Local use of funds—
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.
Local activities—
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—
plan, develop, and carry out activities described in paragraph (3)(B);
at the local area’s discretion, develop technology infrastructure, including data and management systems, to support program activities;
conduct outreach to youth participants and employers; and
at the local area’s discretion, use not more than 30 percent of allocated program funds to subsidize the wages of each youth participant.
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—
increase the number of year-round employment opportunities, including unsubsidized or partly subsidized opportunities and opportunities in the private sector;
conduct outreach to youth participants and employers;
use allocated program funds to subsidize wages of each youth participant; and
at the local area’s discretion, enhance activities described in paragraph (3)(B).
Local elements—
Program Design—
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—
be less than 180 days and more than 1 year;
pay less than the highest of the Federal, State, or local minimum wage; and
employ the youth participant for less than 20 hours per week.
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.
Program elements— Program elements include—
work-readiness training and educational programs to enhance year-round employment;
coaching and mentoring services for youth participants to enhance the year-round employment opportunity and encourage program completion;
coaching and mentoring services for employers on how to successfully employ each youth participant in meaningful work;
career and college planning services;
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;
supportive services, or connection to existing supportive services, to enable participation in the program;
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;
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;
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
commitment and support from mayors or county executives.
Priority— Priority shall be given to year-round employment opportunities—
in existing or emerging in-demand industry sectors or occupations; or
that meet community needs in the public, private, or nonprofit sector.
Reports—
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—
the number of youth participants in the program;
the number of youth participants who completed the year-round employment opportunity;
the expenditures made from the amounts allocated under this section, including expenditures made to provide youth participants with supportive services;
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;
the source and amount of funding for the wages of each youth participant;
information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (f) for the program;
the average number of hours and weeks worked and the average amount of wages earned by youth participants in the program;
the percent of youth participants placed in employment opportunities in the nonprofit, public, and private sectors;
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
any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program.
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)).
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.
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.
Sec. 12107 Connecting-for-opportunities competitive grant program
In general— Of the amounts available under section 12103(3) that are not reserved under section 12104, 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.
Local community partnerships—
Mandatory partners— A local community partnership shall include at a minimum—
one unit of general local government;
one local educational agency;
one institution of higher education;
one local workforce development board;
one community-based organization with experience or expertise in working with youth;
one public agency serving youth under the jurisdiction of the juvenile justice system or criminal justice system;
a State or local child welfare agency; and
an agency administering programs under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.).
Optional partners— A local community partnership may also include within the partnership—
American Job Centers;
employers or employer associations;
representatives of labor organizations;
programs that receive funding under the Juvenile Justice and Delinquency Prevention Act (42 U.S.C. 5601 et seq.);
public agencies or community-based organizations with expertise in providing counseling services, including trauma-informed and gender-responsive counseling;
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
other appropriate State and local agencies.
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—
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);
demonstrates the capacity of each local community partnership to carry out the activities described in subsection (d);
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
includes an assurance that the local community partnership will adhere to the labor standards outlined in section 12108.
Use of funds— A local community partnership receiving a grant under this section shall use the grant funds—
to target individuals not younger than age 14 or older than age 24;
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);
to develop wide-ranging paths to higher education and employment, including—
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;
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;
providing career navigators to provide individuals described in paragraph (1) with pre-employment and employment counseling and to assist such individuals in—
finding and securing employment or work-based learning opportunities that pay not less than the highest of the Federal, State, or local minimum wage;
identifying and assessing eligibility for training programs and funding for such programs;
completing necessary paperwork; and
identifying additional services, if needed;
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
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;
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—
providing school-based dropout prevention and community-based dropout recovery services, including establishing or improving school district early warning systems that—
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
engage any such identified individual using targeted, evidence-based interventions to address the specific needs and issues of the individual, including chronic absenteeism; and
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
to provide a comprehensive system of support for the individuals described in paragraph (1), including—
connecting such individuals with professionals who can—
provide case management and counseling services; and
assist such individuals in—
developing achievable short-term goals and long-term goals; and
overcoming any social, administrative, or financial barrier that may hinder the achievement of such goals; and
providing or connecting participants with available supportive services.
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—
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
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.
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.
Performance accountability— For activities funded under this section, the primary indicators of performance shall include—
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));
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
the rate of attaining a recognized equivalent of a diploma, such as a general equivalency diploma.
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—
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));
the expenditures made from the amounts allocated under this section, including any expenditures made to provide youth participants with supportive services;
a description of program activities and services provided, including supportive services provided and the number of youth participants accessing such services;
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
any other information that the Secretary of Labor determines necessary to monitor the effectiveness of the program.
Sec. 12108 Labor standards
Activities funded under this subtitle 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.
Sec. 12109 Privacy
Nothing in this subtitle—
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
shall be construed to permit the development of a national database of personally identifiable information on individuals receiving services under this subtitle.
Sec. 12110 Innovation and learning
Using funds reserved under section 12104, the Secretary shall—
provide technical assistance to ensure providers have sufficient organizational capacity, staff training, and expertise to effectively implement programs, described under this subtitle;
create regional and national opportunities for in-person peer learning; and
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.
Sec. 12111 Evaluation and reports
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 subtitle.
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).
Sec. 12112 Definitions
In this subtitle:
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).
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).
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)).
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).
T Raise the Wage
Sec. 12201 Short title
This subtitle may be cited as the “Raise the Wage Act”.
Sec. 12202 Minimum wage increases
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) $8.40 an hour, beginning on the effective date under section 7 of the Raise the Wage Act;
“(B) $9.50 an hour, beginning 1 year after such effective date;
“(C) $10.60 an hour, beginning 2 years after such effective date;
“(D) $11.70 an hour, beginning 3 years after such effective date;
“(E) $12.80 an hour, beginning 4 years after such effective date;
“(F) $13.90 an hour, beginning 5 years after such effective date;
“(G) $15.00 an hour, beginning 6 years after such effective date; and
“(H) beginning on the date that is 7 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h);”
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)(H) 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)(H). 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 up 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.”
Sec. 12203 Tipped employees
Base minimum wage for tipped employees and tips retained by employees— Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows:
“(i) the cash wage paid such employee, which for purposes of such determination shall be not less than—
“(I) for the 1-year period beginning on the effective date under section 12207 of the Raise the Wage Act, $3.60 an hour;
“(II) for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of—
“(aa) $1.50; or
“(bb) the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and
“(III) for each succeeding 1-year period after the increase made pursuant to subclause (II), the minimum wage in effect under section 6(a)(1); and”
Tips retained by employees— Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended—
in the second sentence of the matter following clause (ii), 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
by adding at the end the following: “An employer shall inform each employee of the right and exception provided under the preceding sentence.”.
Scheduled repeal of separate minimum wage for tipped employees—
Tipped employees— Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), 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).”.
Publication of notice— Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 12205, is further amended by striking “or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i)”.
Effective date— The amendments made by paragraphs (1) and (2) shall take effect on the date that is 1 day after the date on which the hourly wage under subclause (III) of section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), takes effect.
Sec. 12204 Newly hired employees who are less than 20 years old
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) for the 1-year period beginning on the effective date under section 12207 of the Raise the Wage Act, $5.50 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) $1.25; 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 up 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).”
Scheduled repeal of separate minimum wage for newly hired employees who are less than 20 years old—
In general— Section 6(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)), as amended by subsection (a), shall be repealed.
Publication of notice— Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 12203(c)(2), is further amended by striking “or subparagraph (B) or (C) of subsection (g)(1),”.
Effective date— The repeal and amendment made by paragraphs (1) and (2), respectively, shall take effect on the date that is 1 day after the date on which the hourly wage under subparagraph (C) of section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by subsection (a), takes effect.
Sec. 12205 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 (a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i) or section 14(c)(1)(A), 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.”
Sec. 12206 Promoting economic self-sufficiency for individuals with disabilities
Wages—
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, for each year, 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) $6.40 an hour, beginning 2 years after such date;
“(III) $8.55 an hour, beginning 3 years after such date;
“(IV) $10.70 an hour, beginning 4 years after such date;
“(V) $12.85 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,”
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 Federal or State entities with expertise in competitive integrated employment.”
Effective date— The amendments made by this subsection shall take effect on the date of enactment of this Act.
Publication of notice—
Amendment— Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 12204(b)(2), is further amended by striking “or section 14(c)(1)(A),”.
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.
Sec. 12207 General effective date
Except as otherwise provided in this subtitle or the amendments made by this subtitle, this subtitle and the amendments made by this subtitle shall take effect—
subject to paragraph (2), on the first day of the third month that begins after the date of enactment of this Act; and
with respect to the Commonwealth of the Northern Mariana Islands, on the date that is 18 months after the effective date described in paragraph (1).
Sec. 12208 GAO report on the Commonwealth of the Northern Mariana Islands
Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Education and Labor Committee of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that, with respect to the Commonwealth of the Northern Mariana Islands—
assesses the status and structure of the economy (including employment, earnings and wages, and key industries); and
for each year in which a wage increase will take effect under subsection (a)(1) or (g)(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended by this subtitle, estimates the proportion of employees who will be directly affected by each such wage increase taking effect for such year, disaggregated by industry and occupation.
Sec. 12209 GAO Report on Wage Increase Impact
In general— Not later than 90 days before the date of the third wage increase to first take effect after the date of enactment of this Act, the Comptroller General, in consultation with the persons described in subsection (b), shall prepare and submit to Congress a report, that—
identifies and analyzes the effects, in the aggregate, of the first wage increases and second wage increases after such date of enactment on business enterprises (including small business enterprises) including the effects, with respect to such enterprises, on—
the wages and compensation of employees;
the number of employees, disaggregated by full-time and part-time employees;
the prices, sales, and revenues;
employee turnover and retention;
hiring and training costs; and
productivity and absenteeism;
to the extent practicable, identifies such effects in isolation from other factors that may affect business enterprises (including small business enterprises), including—
broader economic conditions;
changes in Federal, State, and local law, policy, and regulation;
industry consolidation;
natural disasters; and
significant demographic changes;
to the extent practicable, identifies and analyzes such effects for the Nation as a whole, and, separately, for—
each census division, as designated by the Bureau of the Census;
each metropolitan statistical area and nonmetropolitan portion (as such terms are defined by the Office of Management and Budget with respect to 2013); and
each urbanized area, urbanized cluster, and rural area, as designated by the Bureau of the Census; and
describes the methodology used to generate the information in the report.
Expert consultation— The persons described in this subsection are—
labor economists with expertise in minimum wage and low wage labor markets;
workers (including agricultural workers), and the labor organizations and worker groups representing such workers;
representatives of businesses, including small businesses, agricultural employers, and businesses in the accommodation and food services sector;
State and local governments; and
the Board of Governors of the Federal Reserve System.
Congressional assessment and recommendations— Not later than 60 days after the date on which Congress receives the report under subsection (a), Congress shall—
assess the findings of such report; and
make recommendations with respect to actions of Congress to address the findings of such report, including actions to delay the next scheduled wage increases.
Wage increase defined— The term “wage increase” means an increase in wages that takes effect under subsection (a)(1) or (g)(1) of section 6, section 3(m)(2)(A)(i), or section 14(c)(1)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), as amended by this subtitle.
U Pay Equity for All
Sec. 12301 Short title
This subtitle may be cited as the “Pay Equity for All Act of 2020”.
Sec. 12302 Prohibitions relating to prospective employees’ salary and benefit history
In general— The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section:
“8. Requirements and prohibitions relating to wage, salary, and benefit history
“(a) In general—It shall be an unlawful practice for an employer to—
“(1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee’s prior wages satisfy minimum or maximum criteria as a condition of being considered for employment;
“(2) rely on the wage history of a prospective employee in determining the wages for such prospective employee, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee, after the employer makes an offer of employment with an offer of compensation to the prospective employee, to support a wage higher than the wage offered by the employer;
“(3) seek from a prospective employee or any current or former employer the wage history of the prospective employee, except that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer; or
“(4) discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee—
“(A) opposed any act or practice made unlawful by this section; or
“(B) took an action for which discrimination is forbidden under section 15(a)(3).
“(b) Definition—In this section, the term wage history means the wages paid to the prospective employee by the prospective employee’s current employer or previous employer.”
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 on behalf of—
“(A) the employees or prospective employees; and
“(B) other employees or prospective employees similarly situated.”
V 21st Century Investment
Sec. 12601 Short title
This subtitle may be cited as the “21st Century Investment Act of 2020”.
Sec. 12602 Increase in research credit for contracted research with United States businesses
In general— Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
“(i) 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.”
Effective date— The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.
W Protection of Social Security Benefits Restoration
Sec. 12801 Short title
This subtitle may be cited as the “Protection of Social Security Benefits Restoration Act”.
Sec. 12802 Protecting Social Security, Railroad retirement, and Black Lung benefits from administrative offset
Prohibition on administrative offset authority—
Assignment under Social Security Act— Section 207 of the Social Security Act (42 U.S.C. 407) is amended by adding at the end the following new subsection:
“(d) Subparagraphs (A), (C), and (D) of section 3716(c)(3) of title 31, United States Code, as such subparagraphs were in effect on the date before the date of enactment of the Protection of Social Security Benefits Restoration Act, shall be null and void and of no effect.”
Conforming amendments—
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.”.
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.”
Repeal of administrative offset authority—
In general— Paragraph (3) of section 3716(c) of title 31, United States Code, is amended—
by striking “(3)(A)(i) Notwithstanding” and all that follows through “any overpayment under such program).”;
by striking subparagraphs (C) and (D); and
by redesignating subparagraph (B) as paragraph (3).
Conforming amendment— Paragraph (5) of such section is amended by striking “the Commissioner of Social Security and”.
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.
X Federal Jobs Guarantee Development
Sec. 12901 Short title
This subtitle may be cited as the “Federal Jobs Guarantee Development Act of 2020”.
Sec. 12902 Job guarantee pilot program
Definitions— In this section:
Eligible entity— The term eligible entity means an entity that—
is a political subdivision of a State, Tribal entity, or a combination of contiguous political subdivisions or Tribal entities;
has an unemployment rate that is not less than 150 percent of the national unemployment rate, as determined by the Bureau of Labor Statistics (except in the case of Tribal entities which may submit their own employment data where no such Federal data is available for such entities) based on the most recent data available at the time the Secretary solicits applications for grants under this section; and
submits an application in accordance with subsection (d).
Job guarantee program— The term job guarantee program means a program that meets the requirements of subsection (c).
Rural area— The term rural area means an area that is located outside of an urban area.
Tribal entity— The term Tribal entity means an Indian tribe or tribal organization as such terms are defined in section 4 of the Indian Self-Determination Act (25 U.S.C. 5304).
Urban area— The term urban area means an urbanized area (a region of 50,000 or more residents) and an urbanized cluster (and area encompassing between 2,500 and 50,000 residents), according to the Census Bureau’s urban-rural classification in the 2010 census.
Secretary— The term Secretary means the Secretary of Labor.
WIOA definitions— The terms adult education and literacy activities, career planning, individual with a barrier to employment, in-demand industry sector or occupation, local board, recognized postsecondary credential, State board, supportive services, and workplace learning advisor have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Establishment—
In general— The Secretary shall establish a pilot program to provide competitive grants to eligible entities to establish programs to ensure that any individual within the area served by the entity who applies for a job through the program will be provided with employment as provided for in this section.
Termination— Federal funding for a job guarantee program established under a grant under this section shall terminate on the earlier of—
the end of the 3-year period beginning on the date of the grant; or
the date of any revocation of the grantee as an eligible entity.
Job guarantee programs— A job guarantee program meets the requirements of this subsection if the jobs provided under such program—
are available to all individuals who—
are 18 years of age or older; and
reside in the area served under the program at the time the area became an eligible entity;
are, with respect to individual participants, included as part of an established bargaining unit and covered by any applicable collective bargaining agreement in effect if similarly situated employees are part of such unit and represented by an exclusive bargaining representative;
are available for the duration of the pilot program;
provide a wage of not less than the greater of—
the hourly wage provided for under the provisions of S. 150 (116th Congress), if enacted, or the hourly wage otherwise required to be paid to employees in area to be served under the pilot program, whichever is greater;
the prevailing wage in the area involved for a similar job as required by chapter 67 of title 41, United States Code, and other related laws; or
the applicable wage under an applicable collective bargaining agreement as provided for under paragraph (2);
provide for coverage of the worker under a health insurance program that is comparable to that offered to Federal employees under the Federal Employee Health Benefits Program; and
provide at a minimum—
paid family leave consistent with the provisions of S. 463 (116th Congress) and applicable State law; and
paid sick leave consistent with the provision of S. 840 (116th Congress) and applicable State law.
Other uses— Funds may be used to provide workers in a job guarantee program with—
supportive services, which can include transportation, child care, dependent care, housing, and needs-related payments, that are necessary to enable an individual to participate in activities authorized under this subtitle;
access to a workplace learning advisor to support the education, skill development, job training, career panning, and credentials required to progress toward career goals of such employees in order to meet employer requirements related to job openings and career advancements that support economic self-sufficiency;
adult education and literacy activities, including those provided by public libraries;
activities that assist justice involved individuals, formerly incarcerated individuals, and individuals with criminal records in reentering the workforce; and
financial literacy activities including those described in section 129(b)(2)(D) of the Workforce Innovation and Opportunity Act.
Applications— An eligible entity seeking 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. Such application shall include—
a description of the geographic area and population that the entity intends to serve under the job guarantee program established under the grant, including the area unemployment rate, underemployment rate, unemployment rate for individuals with disabilities, poverty rate, housing vacancy rate, crime rate, household income, home-ownership rate, labor force participation rate, and educational attainment;
to extent practicable, a description of the jobs that will be offered under the job guarantee program, including—
a description of supports provided to individuals with disabilities and accommodations required under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and
a description of supports and procedures to ensure job access and opportunities for individuals with criminal records, including information on physical and programmatic accessibility, in accordance with section 188 of the Workforce Innovation and Opportunity Act, if applicable, and the Americans with Disabilities Act of 1990, for individuals with disabilities;
the need in the area for jobs to be performed, including for jobs designated as a high-skill, high-wage or in-demand industry sector or occupation by the Secretary, State board, or local board;
a description of State, local, or philanthropic funding, including through coordination and in-kind or non-financial support, if any, that will be provided to assist in carrying out the job guarantee program;
an assurance that the eligible entity will establish—
a public internet website, in conjunction with the Secretary, to post all available jobs under the job guarantee program; and
a process for individuals to apply for such jobs;
a comprehensive plan to describe how the funding under the program will leverage existing or anticipated local, State, and Federal funding;
an assurance that necessary administrative data systems and information technology infrastructure are available, or will be available, to provide for full participation in the evaluation under subsection (k);
a description of how the eligible entity will comply with the requirements described in subsection (c)(6);
an assurance that the entity will enter into an allocation agreement with the Secretary under subsection (j)(2)(A); and
an assurance that energy and infrastructure jobs provided under the program will not exacerbate the impacts of climate change.
Selection— The Secretary, after reviewing applications from eligible entities, shall award grants under this section to not more than 15 such eligible entities. In awarding such grants, the Secretary shall consider diversity in geographic location, urban-rural composition, and political entity, including the representation of Tribal entities.
Amount of grant—
Establishment of fund— There is established in the Treasury of the United States a separate account to be known as the “Job Guarantee Program Trust Fund” (referred to in this section as the “Fund”), consisting of—
amounts deposited in the Fund under subsection (l); and
any interest earned on investment of amounts in the Fund.
Use of amounts— The Secretary shall use amounts in the Fund to make payments to grantees under grants under this section in accordance with paragraph (3).
Payments—
In general— The Secretary shall determine the annual amount of a grant under this section based on a formula to be developed by the Secretary.
Payments— The Secretary shall make payments to grantees under this section in a manner determined appropriate by the Secretary. The Secretary shall not make subsequent payments to a grantee after the initial payment until the grantee certifies to the Secretary that the grantee has expended, transferred, or obligated not less than 80 percent of the most recent payment made under this subsection.
Limitations— An eligible entity may not use amounts received under a grant under this section to—
employ individuals who will replace, or lead to the displacement of, existing employees, positions, or individuals who would otherwise perform similar employment, or disrupt existing contracts and collective bargaining agreements, as defined in section 181(b) of the Workforce Innovation and Opportunity Act (Public Law 113–128);
perform functions otherwise prohibited by Federal, State, or local laws; and
carry out other prohibited activities, as determined by the Secretary.
Federal provision of jobs in pilot sites—
Guidance— Not later than 30 days after the date on which the Secretary awards the first grant under this section, the Secretary shall—
provide guidance to the heads of appropriate Federal agencies to notify such agencies of job guarantee programs established under such grants; and
request that such agencies notify the Secretary, within 30 days of the date on which the guidance is received under paragraph (1), of the number and types of jobs that such agency would make available through each of the programs.
Application of provisions— The requirements of subsection (c) relating to wages and benefits provided to participants in jobs provided under job guarantee programs, and the limitations in subsection (h), shall apply to Federal agencies and jobs provided under this subsection, except that a Federal agency shall employ each individual under this subsection for up to three years.
Listing of jobs on website— The Secretary shall establish procedures to ensure that jobs identified under paragraph (1)(B) are listed on the appropriate public internet website as provided for under subsection (e)(5)(A).
Reimbursement— At the end of each fiscal year, the Secretary shall transfer from the Fund to each Federal agency that employs individuals under a job guarantee program under this section, an amount necessary to reimburse such agency for the full cost of employing each such individual during such fiscal year.
Training—
In general— The Secretary shall develop procedures to support up to 8 weeks of paid training (through privately or publicly funded training programs, such as those provided by the public workforce system) to participants in order to perform duties required by job guarantee programs under this section, including a new period of training, not to exceed 8 weeks, prior to commencing any new job under the program.
Specific populations— With respect to certain populations with barriers to employment (as defined in section 3(24) of the Workforce Innovation and Opportunity Act (Public Law 113–128)), the 8-week training period may include specific job-related training and counseling and other general skills training to prepare such individuals to reenter the workforce.
Priorities and audits—
Priorities— Prior to awarding the initial grants under this section, the Secretary shall issue a list of national job priorities relating to jobs that may be carried out under job guarantee programs, that shall include child care, care for seniors and individuals with disabilities, clean energy jobs, and sustainable infrastructure activities. The Secretary shall take State board and local board suggestions into consideration when issuing such list.
Audits—
In general— The Secretary, acting through the Inspector General of the Department of Labor, shall carry out annual audits of the use of grant funds provided to eligible entities under this section.
Allocation agreements and misuse of funds—
Allocation agreements— An eligible entity shall enter into an allocation agreement with the Secretary that shall provide that the Secretary shall recoup any amounts paid to the entity under a grant under this section if the results of an audit under subparagraph (A) include a finding that there was an intentional or reckless misuse of such funds by such entity.
Loss of eligibility— An eligible entity that is determined to have falsified or otherwise misstated data in any report submitted to the Secretary with the intent to deceive or mislead the Secretary shall be ineligible to receive additional funds under this section.
Reports— Not later than 90 days after the end of each calendar year for which an eligible entity obligates or expends any amounts made available under a grant under this section, the eligible entity shall submit to the Secretary a report that—
specifies the amount of grant funds obligated or expended for the preceding fiscal year;
specifies any purposes for which the funds were obligated or expended; and
includes any other information that the Secretary may require to more effectively administer the grant program under this section, including the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)), with the performance data disaggregated by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of such Act (29 U.S.C. 3102(24)).
Evaluation— The Chief Evaluation Officer at the Department of Labor shall provide for the conduct of an evaluation of the pilot program, using a rigorous design and evaluation methods to assess the implementation of the programs and their impact on—
overall employment, public-sector employment, and private-sector employment;
private sector employment, wages, and benefits;
poverty rate;
public assistance spending and other Federal spending in the area served by the program;
child health and educational outcomes;
health and well-being of those with mental, emotional, and behavioral health needs;
incarceration rates;
the environment, including air quality and water quality;
the indicators of performance as described in subsection (l)(3); and
other economic development and individual outcome indicators, as determined by the Secretary.
Expansion of work opportunity credit To include participants in job guarantee programs—
in paragraph (1)—
in subparagraph (I), by striking “or” at the end;
in subparagraph (J), by striking the period at the end and inserting “, or”; and
by adding at the end the following new subparagraph:
“(K) a qualified participant in a job guarantee program.”
by adding at the end the following new paragraph:
“(16) Qualified participant in a job guarantee program—The term qualified participant in a job guarantee program means any individual who is certified by the designated local agency as having participated in a job guarantee program under section 2 of the Federal Jobs Guarantee Development Act of 2020 for not less than 3 months during the 6-month period ending on the hiring date.”
Effective date— The amendments made by this subsection shall apply to individuals who begin work for the employer after December 31, 2019.
Appropriations— From funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary such sums as may be necessary to carry out this section.
Y Blue Collar to Green Collar Jobs Development
Sec. 13101 Short title
This subtitle may be cited as the “Blue Collar to Green Collar Jobs Development Act of 2020”.
1 Office of Economic Impact, Diversity, and Employment
Sec. 13111 Name of office
in the section heading, by striking “Minority Economic Impact” and inserting “Economic Impact, Diversity, and Employment”; and
in subsection (a), by striking “Office of Minority Economic Impact” and inserting “Office of Economic Impact, Diversity, and Employment”.
Conforming amendment— The table of contents for the Department of Energy Organization Act is amended by amending the item relating to section 211 to read as follows:
Sec. 13112 Energy workforce development programs
Section 211 of the Department of Energy Organization Act (42 U.S.C. 7141) is amended—
by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and
by inserting after subsection (e) the following:
“(f) The Secretary, acting through the Director, shall establish and carry out the programs described in sections 13121 and 13122 of the Blue Collar to Green Collar Jobs Development Act of 2020.”
Sec. 13113 Authorization
Subsection (h) of section 211 of the Department of Energy Organization Act (42 U.S.C. 7141), as redesignated by section 13112 of this subtitle, is amended by striking “not to exceed $3,000,000 for fiscal year 1979, not to exceed $5,000,000 for fiscal year 1980, and not to exceed $6,000,000 for fiscal year 1981. Of the amounts so appropriated each fiscal year, not less than 50 percent shall be available for purposes of financial assistance under subsection (e).” and inserting “$100,000,000 for each of fiscal years 2021 through 2024.”.
2 Energy workforce development
Sec. 13121 Energy workforce development
In general— Subject to the availability of appropriations, the Secretary, acting through the Director of the Office of Economic Impact, Diversity, and Employment, shall establish and carry out a comprehensive, nationwide program to improve education and training for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries, in order to increase the number of skilled workers trained to work in such energy-related industries, including by—
encouraging underrepresented groups, including religious and ethnic minorities, women, veterans, individuals with disabilities, unemployed energy workers, and socioeconomically disadvantaged individuals to enter into the science, technology, engineering, and mathematics (in this section referred to as “STEM”) fields;
encouraging the Nation’s educational institutions to equip students with the skills, mentorships, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the Nation’s energy-related industries;
providing students and other candidates for employment with the necessary skills and certifications for skilled, semiskilled, and highly skilled jobs in such energy-related industries;
strengthening and more fully engaging Department of Energy programs and laboratories in carrying out the Department’s Minorities in Energy Initiative; and
to the greatest extent possible, collaborating with and supporting existing State workforce development programs to maximize program efficiency.
Priority— In carrying out the program established under subsection (a), the Secretary shall prioritize the education and training of underrepresented groups for jobs in energy-related industries.
Direct assistance— In carrying out the program established under subsection (a), the Secretary shall provide direct assistance (including financial assistance awards, technical expertise, and internships) to educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs. The Secretary shall distribute such direct assistance in a manner proportional to the needs of, and demand for jobs in, energy-related industries, consistent with information obtained under subsections (e)(3) and (i).
Clearinghouse— In carrying out the program established under subsection (a), the Secretary shall establish a clearinghouse to—
maintain and update information and resources on training programs for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries; and
act as a resource for educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs that would like to develop and implement training programs for such jobs.
Collaboration and report— In carrying out the program established under subsection (a), the Secretary—
shall collaborate with educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, apprenticeship programs, and energy-related industries;
shall encourage and foster collaboration, mentorships, and partnerships among industry, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs that currently provide effective training programs for jobs in energy-related industries and educational institutions that seek to establish these types of programs in order to share best practices and approaches that best suit local, State, and national needs; and
shall collaborate with the Bureau of Labor Statistics, the Department of Commerce, the Bureau of the Census, and energy-related industries to—
develop a comprehensive and detailed understanding of the workforce needs of such energy-related industries, and job opportunities in such energy-related industries, by State and by region; and
publish an annual report on job creation in the energy-related industries described in subsection (i)(2).
Guidelines for educational institutions—
In general— In carrying out the program established under subsection (a), the Secretary, in collaboration with the Secretary of Education, the Secretary of Commerce, the Secretary of Labor, and the National Science Foundation, shall develop voluntary guidelines or best practices for educational institutions to help provide graduates with the skills necessary for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries.
Input— The Secretary shall solicit input from energy-related industries in developing guidelines or best practices under paragraph (1).
Energy efficiency and conservation initiatives— The guidelines or best practices developed under paragraph (1) shall include grade-specific guidelines for teaching energy efficiency technology, manufacturing efficiency technology, community energy resiliency, and conservation initiatives to educate students and families.
STEM education— The guidelines or best practices developed under paragraph (1) shall promote STEM education in educational institutions as it relates to job opportunities in energy-related industries.
Outreach to minority-Serving institutions— In carrying out the program established under subsection (a), the Secretary shall—
give special consideration to increasing outreach to minority-serving institutions;
make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries;
encourage energy-related industries to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs; and
partner with the Department of Energy laboratories to increase underrepresented groups’ participation in internships, fellowships, traineeships, and employment at all Department of Energy laboratories.
Outreach to displaced and unemployed energy workers— In carrying out the program established under subsection (a), the Secretary shall—
give special consideration to increasing outreach to employers and job trainers preparing displaced and unemployed energy workers for emerging jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries;
make resources available to institutions serving displaced and unemployed energy workers with the objective of increasing the number of individuals trained for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries; and
encourage energy-related industries to improve opportunities for displaced and unemployed energy workers to participate in industry internships and cooperative work-study programs.
Guidelines To develop skills for an energy industry workforce— In carrying out the program established under subsection (a), the Secretary shall, in collaboration with energy-related industries—
identify the areas with the greatest demand for workers in each such industry; and
develop guidelines for the skills necessary for work in the following energy-related industries:
Energy efficiency industry, including work in energy efficiency, conservation, weatherization, retrofitting, or as inspectors or auditors.
Renewable energy industry, including work in the development, engineering, manufacturing, and production of renewable energy from renewable energy sources (such as solar, hydropower, wind, or geothermal energy).
Community energy resiliency industry, including work in the installation of rooftop solar, in battery storage, and in microgrid technologies.
Fuel cell and hydrogen energy industry.
Manufacturing industry, including work as operations technicians, in operations and design in additive manufacturing, 3–D printing, and advanced composites and advanced aluminum and other metal alloys, industrial energy efficiency management systems, including power electronics, and other innovative technologies.
Chemical manufacturing industry, including work in construction (such as welders, pipefitters, and tool and die makers) or as instrument and electrical technicians, machinists, chemical process operators, engineers, quality and safety professionals, and reliability engineers.
Utility industry, including work in the generation, transmission, and distribution of electricity and natural gas, such as utility technicians, operators, lineworkers, engineers, scientists, and information technology specialists.
Alternative fuels industry, including work in biofuel development and production.
Pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors.
Nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel.
Oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists.
Coal industry, including work as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, or mining equipment vendors.
Enrollment in training and apprenticeship programs— In carrying out the program established under subsection (a), the Secretary shall work with industry, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs to help identify students and other candidates, including from underrepresented communities such as minorities, women, and veterans, to enroll into training and apprenticeship programs for jobs in energy-related industries.
Authorization of appropriations— There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2021 through 2025.
Sec. 13122 Energy workforce grant program
Program—
Establishment— Subject to the availability of appropriations, the Secretary, acting through the Director of the Office of Economic Impact, Diversity, and Employment, shall establish and carry out a program to provide grants to eligible businesses to pay the wages of new and existing employees during the time period that such employees are receiving training to work in the renewable energy sector, energy efficiency sector, or grid modernization sector.
Guidelines— Not later than 60 days after the date of enactment of this Act, the Secretary, in consultation with stakeholders, contractors, and organizations that work to advance existing residential energy efficiency, shall establish guidelines to identify training that is eligible for purposes of the program established pursuant to paragraph (1).
Eligibility— To be eligible to receive a grant under the program established under subsection (a) or a business or labor management organization that is directly involved with energy efficiency or renewable energy technology, or working on behalf of any such business, shall provide services related to—
renewable electric energy generation, including solar, wind, geothermal, hydropower, and other renewable electric energy generation technologies;
energy efficiency, including energy-efficient lighting, heating, ventilation, and air conditioning, air source heat pumps, advanced building materials, insulation and air sealing, and other high-efficiency products and services, including auditing and inspection;
grid modernization or energy storage, including smart grid, microgrid and other distributed energy solutions, demand response management, and home energy management technology; or
fuel cell and hybrid fuel cell generation.
Use of grants— An eligible business with—
20 or fewer employees may use a grant provided under the program established under subsection (a) to pay up to—
45 percent of an employee’s wages for the duration of the training, if the training is provided by the eligible business; and
90 percent of an employee’s wages for the duration of the training, if the training is provided by an entity other than the eligible business;
21 to 99 employees may use a grant provided under the program established under subsection (a) to pay up to—
37.5 percent of an employee’s wages for the duration of the training, if the training is provided by the eligible business; and
75 percent of an employee’s wages for the duration of the training, if the training is provided by an entity other than the eligible business; and
100 employees or more may use a grant provided under the program established under subsection (a) to pay up to—
25 percent of an employee’s wages for the duration of the training, if the training is provided by the eligible business; and
50 percent of an employee’s wages for the duration of the training, if the training is provided by an entity other than the eligible business.
Priority for targeted communities— In providing grants under the program established under subsection (a), the Secretary shall give priority to eligible businesses that—
recruit employees—
from the communities that the businesses serve; and
that are minorities, women, persons who are or were foster children, persons who are transitioning from fossil energy sector jobs, or veterans; and
provide trainees with the opportunity to obtain real-world experience.
Limit— An eligible business may not receive more than $100,000 under the program established under subsection (a) per fiscal year.
Authorization of appropriations— There are authorized to be appropriated to carry out this section $70,000,000 for each of fiscal years 2021 through 2025.
Sec. 13123 Definitions
In this subtitle:
Apprenticeship— The term apprenticeship means an apprenticeship registered under 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.).
Educational institution— The term educational institution means an elementary school, secondary school, or institution of higher education.
Elementary school and secondary school— The terms elementary school 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).
Energy-related industry— The term energy-related industry includes each of the energy efficiency, renewable energy, chemical manufacturing, utility, alternative fuels, pipeline, nuclear energy, oil, gas, and coal industries.
Institution of higher education— The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Labor organization— The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 U.S.C. 152).
Local workforce development board— The term local workforce development board means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Minority-serving institution— The term minority-serving institution means an institution of higher education that is of one of the following:
Hispanic-serving institution (as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5))).
Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).
Alaska Native-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
Predominantly Black Institution (as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b))).
Native American-serving nontribal institution (as defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b))).
Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
Secretary— The term Secretary means the Secretary of Energy.
State workforce development board— The term State workforce development board means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Z Workforce Development Tax Credit
Sec. 13201 Short title
This subtitle may be cited as the “Workforce Development Tax Credit Act of 2020”.
Sec. 13202 Credit for wages paid to employees participating in qualified apprenticeship programs
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) is amended by adding at the end the following new section:
“45S. Wages paid to 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 the sum of—
“(1) the apprenticeship period credit, and
“(2) the post-apprenticeship credit.
“(b) Apprenticeship period credit—For purposes of subsection (a)—
“(1) In general—The apprenticeship period credit for the taxable year is 50 percent of the wages paid for services rendered during the taxable year to each apprenticeship employee but only if such wages are paid for services rendered during a qualified training year of such employee (whether or not such employee is an employee of the taxpayer as of the close of such taxable year).
“(2) Limitation on wages per year taken into account—The amount of wages which may be taken into account under paragraph (1) with respect to any apprenticeship employee for each qualified training year shall not exceed $2,000.
“(c) Post-Apprenticeship credit—For purposes of subsection (a)—
“(1) In general—The post-apprenticeship credit for the taxable year is 40 percent of the wages paid for services rendered during the taxable year to each employee who has successfully completed a qualified training program of the employer, but only if—
“(A) such wages are paid by such employer for services rendered—
“(i) during the 2-year period which begins on the day after the employee’s completion of such program, and
“(ii) during the qualified employment period of such employee, and
“(B) the employee is performing such services in a position which utilizes skills acquired in the qualified training program.
“(2) Limitation on wages taken into account—The amount of wages which may be taken into account under paragraph (1) with respect to any apprenticeship employee shall not exceed $6,000.
“(3) Recapture for failure of employee to serve at least 1 year after completion of apprenticeship—The Secretary shall, by regulations, provide for recapturing the amount of any post-apprenticeship credit allowed under subsection (a) with respect to any individual who is employed by the employer for less than 1 year after the individual completed such program.
“(d) Definitions—For purposes of this section—
“(1) Wages—The term wages has the meaning given to such term by section 51(c), determined without regard to paragraph (4) thereof.
“(2) Apprenticeship employee—The term apprenticeship employee means any employee who is employed by the employer pursuant to an apprentice agreement registered with—
“(A) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or
“(B) a recognized State apprenticeship agency, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor.
“(3) Qualified training year
“(A) In general—The term qualified training year means each year during the training period in which—
“(i) the employee is employed by the employer for at least 25 hours per week during 28 consecutive weeks of such year, and
“(ii) the employee completes at least 8 credit hours of classroom work under a qualified training program for each semester of such program ending during such year.
“(B) Qualified training program—The term qualified training program means any training program undertaken pursuant to the agreement referred to in paragraph (2).
“(C) Training period—The term training period means, with respect to an employee, the period—
“(i) beginning on the date that the employee begins employment with the taxpayer as an apprentice under a qualified training program, and
“(ii) ending on the earlier of—
“(I) the date that such apprenticeship with the employer ends, or
“(II) the date which is 2 years after the date referred to in clause (i).
“(4) Qualified employment period—The term qualified employment period means the period—
“(A) beginning on the date that the employee begins employment with the taxpayer after the employee’s completion of a qualified training program of the taxpayer, and
“(B) ending on the earlier of—
“(i) the date that such employment ends, or
“(ii) the date which is 1 year after the date referred to in subparagraph (A).
“(e) 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.
“(f) 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.”
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 (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 apprenticeship credit determined under section 45S(a).”
Denial of double benefit— Subsection (a) of section 280C of such Code is amended by inserting “45S(a),” after “45P(a),”.
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:
Effective date— The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act.
AA Expanding Access to the Workforce Through Dual Enrollment
Sec. 13501 Short title
This subtitle may be cited as the “Expanding Access to the Workforce Through Dual Enrollment Act of 2020”.
Sec. 13502 Grant program
In general— From the amounts appropriated under subsection (h), the Secretary of Education shall provide grants to eligible entities for the purposes of establishing, expanding, or supporting dual or concurrent enrollment programs offering career and technical education.
Amounts— The total grant amount made to an eligible entity under this section may not exceed $1,000,000.
Use of Grants—
Required Use of Grants— An eligible entity that receives a grant under this section shall use such grant for a program described in subsection (a) that carries out the following requirements:
A State that is a partner in such eligible entity shall establish a policy to ensure that any postsecondary credits earned though the program will be recognized throughout the system of public higher education of the State in which such program is located.
Each local educational entity that is a partner in such eligible entity—
shall prioritize establishing, expanding, or supporting such program at secondary schools—
serving students not less than 50 percent of whom are eligible for the free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
whose most recent four-year adjusted cohort graduation rate is below the national four-year adjusted cohort graduation rate, as determined by the Secretary using the most recent data submitted to the National Center of Education Statistics for the calculation of such national rate; and
whose most recent immediate college enrollment rate is below the national immediate college enrollment rate, as determined by the National Center of Education Statistics; and
shall prioritize selecting students for the program who are from a family whose taxable income for the proceeding year did not exceed 90 percent of the amount equal to the median income for a family of the size involved within the State as determined by the Bureau of the Census.
Each public institution of higher education that is a partner in such eligible entity shall provide such program—
assistance with curriculum development;
access to faculty for the instruction of courses;
access to facilities on the campus of such institution of higher education, including for the purpose of instructing courses; and
access to advisors from such institution of higher education for the purposes of advising students enrolled in such program.
Each private sector entity that is a partner in such eligible entity shall provide such program with at least two of the forms of assistance described in clause (ii), which shall include at least one of the forms of assistance described in subclause (I), (III), or (IV) of such clause.
The forms of assistance described in this clause are as follows:
Internships approved by the Secretary or registered apprenticeship programs for students enrolled in such program.
Funds in an amount equal to not less than 10 percent of the total costs of administering such program.
Assistance with curriculum development.
Mentoring for students enrolled in such program.
Individuals employed by the private sector entity for the instruction of courses.
Equipment and facilities for the purposes of on-site instruction.
Authorized Use of Grants— An eligible entity that receives a grant under this section may use—
not more than 50 percent of the grant to—
cover expenses, including tuition costs and textbook fees, incurred by students enrolled in the program established, expanded, or supported with the grant; and
offer courses for credit or not-for-credit to supplement such program to—
improve the financial literacy of students; and
teach skills, including resume and interviewing skills, that will prepare students for postsecondary career and technical education;
not less than 10 percent and not more than 30 percent of the grant to train or hire educators; and
not more than 20 percent of the grant to pay for the cost of transporting (including by school bus, private transportation company, or public transit) students enrolled in the program to the public institution of higher education or private sector entity that is a partner in the eligible entity to receive instruction through a course offered under such program.
Application requirements— An eligible entity seeking 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 determines, which shall include an assurance that each partner in the eligible entity will comply with the requirements of subsection (c)(1).
Supplement, not supplant— Federal funds made available under this section shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for dual enrollment programs and in no case to supplant such Federal, State, and local public funds.
Financial Aid and Enrollment Status—
Financial Aid— A student’s participation in a program funded under this section shall not be taken into account in determining the need or eligibility of the student for assistance under the Higher Education Act of 1965 (20 U.S.C. 1000 et seq.).
Enrollment Status— A student enrolled in such program shall not be considered a first-time student of any institution of higher education without regard to postsecondary credits earned under the program.
Report—
In general— An eligible entity that receives a grant under this section shall submit to the Secretary a report on—
the activities supported by the grant;
the number of students participating in the activities supported by the grant;
any progress made in achieving the goals of the program supported by the grant; and
such other information as the Secretary determines to be appropriate.
Timeline for submission of report— The report under paragraph (1) shall be submitted to the Secretary not later than 180 days after the date on which the eligible entity concludes the activities supported by the grant under this section.
Authorization of appropriations— There are authorized to be appropriated $150,000,000 for each of the fiscal years 2021 through 2025.
Sec. 13503 Definitions
In this subtitle:
Career and Technical Education— The term career and technical education has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302).
Dual or Concurrent Enrollment Program— The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act (20 U.S.C. 7801), except that the postsecondary courses of such program shall offer career and technical education.
Eligible Entity— The term eligible entity means a partnership among the following:
A State.
One or more local educational agencies.
One or more public institutions of higher education.
One or more private sector entities.
First Generation College Student— The term first generation college student has the meaning given the term in section 402A(h)(3) of the Higher Education Act of 1965 (20 U.S.C. 1070a–11(h)(3)).
Four-Year Adjusted Cohort Graduation Rate— The term four-year adjusted cohort graduation rate has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
High School— The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Immediate College Enrollment Rate— The term immediate college enrollment rate means the percentage of individuals ages 16 to 24—
who graduate from high school or complete a graduate educational development test prior to October of a calendar year; and
who enroll in a two- or four-year institution of higher education in the fall of such calendar year.
Institution of Higher Education— The term institution of high education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Local Educational Agency— The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act (20 U.S.C. 7801).
Mentoring— The term mentoring means a structured, managed program in which children are appropriately matched with screened and trained adult volunteers for one-on-one relationships, involving meetings and activities on a regular basis, intended to meet, in part, the child's need for involvement with a caring and supportive adult who provides a positive role model.
Private Sector Entity— The term private sector entity means an entity owned, controlled, and managed by a private individual or enterprise, including a for-profit business, nonprofit organization, charity, or labor organization.
Registered apprenticeship program— The term registered apprenticeship program means an apprenticeship registered under 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.).
Secretary— The term Secretary means the Secretary of Education.
State— The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
BB Investing in Tomorrow’s Workforce
Sec. 13601 Short title
This subtitle may be cited as the “Investing in Tomorrow’s Workforce Act of 2020”.
Sec. 13602 Tax credit for increasing worker training
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:
“45T. Credit for increasing worker training
“(a) In general—For purposes of section 38, the worker training credit determined under this section for a taxable year is an amount equal to the sum of—
“(1) 40 percent of the excess (if any) of—
“(A) the high-demand occupation training expenses for such taxable year, over
“(B) the average of the high-demand occupation training expenses for the 3 taxable years preceding such taxable year, plus
“(2) 20 percent of the excess (if any) of—
“(A) the low-demand occupation training expenses for such taxable year, over
“(B) the average of the low-demand occupation training expenses for the 3 taxable years preceding such taxable year.
“(b) Definitions—For purposes of this section—
“(1) High-demand occupation training expense—The term high-demand occupation training expense means, for a taxable year, any qualified training expense for programming required for, or designed to lead to employment in, an occupation that the Secretary of Labor has determined is expected to experience not fewer than 20 percent occupational openings for the 10-year period beginning with calendar year beginning in such taxable year.
“(2) Low-demand occupation training expense—The term low-demand occupation training expense means any qualified training expense for programming required for, or designed to lead to employment in, an occupation other than an occupation described in paragraph (1).
“(3) Qualified training expense
“(A) In general—The term qualified training expense means amounts paid or incurred by an employer for a qualified training program for non-highly compensated employees.
“(B) Exclusion—The term qualified training expense shall not include any amounts paid for meals, lodging, transportation, or other services.
“(4) Qualified training program
“(A) In general—The term qualified training program means any of the following:
“(i) An apprenticeship program registered under section 1 of the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 29 U.S.C. 50 et seq.).
“(ii) A program to obtain a recognized postsecondary credential (as such term is defined in section 3(52) of the Workforce Innovation and Opportunity Act).
“(iii) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006.
“(iv) Any other program designated by the Secretary of Labor or the Secretary of Education for purposes of this section.
“(5) Non-highly compensated employee—The term non-highly compensated employee means, with respect to a taxable year, an employee—
“(A) who is a full-time employee (as such term in defined in section 4980H(c)(4)), and
“(B) whose compensation does not exceed $82,000 for such taxable year.”
Credit To be part of general business credit— Section 38(b) of such Code is amended by striking “plus” at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting “, plus”, and by adding at the end the following new paragraph:
“(33) the worker training credit determined under section 45T.”
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:
Effective date— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
CC Direct loans to small business concerns
Sec. 13701 Direct loans to small business concerns
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)).
Amount— Loans made under this section shall be in an amount not greater than the lesser of—
5 percent of the annual revenue of the small business concern requesting the loan; or
$250,000.
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.
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.
Authorization of appropriations— There are authorized to be appropriated $25,000,000 for each of fiscal years 2021 to 2025.
DD Pilot program to fund local incubators
Sec. 13801 Pilot program to fund local incubators
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.
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.
Limitations—
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.
Amount of grant— A grant awarded under this section may not exceed $500,000.
Use of funds—
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.
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—
purchase or rental of land;
modification of buildings;
charges for utility services or broadband service;
fees of consultants for the provision of technical or professional assistance;
costs of promoting the incubator or incubators; and
any other such expense that the Secretary considers appropriate.
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.
Report to Congress— Not later than 180 days after the end of fiscal year 2024, 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.
Definitions— In this section:
Incubator— The term incubator means a private-sector entity that—
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
may charge start-ups a reasonable fee for such resources.
Secretary— The term Secretary means the Secretary of Commerce.
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—
has been in operation for not more than 5 years;
has not more than 5 employees; and
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.
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.
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 2021 through 2025.
EE Improving Contract Procurement for Small Businesses through More Accurate Reporting
Sec. 13901 Short title
This subtitle may be cited as the “Improving Contract Procurement for Small Businesses through More Accurate Reporting Act of 2020”.
Sec. 13902 Reporting requirements for certain small business concerns
Section 15(h)(2)(E) of the Small Business Act (15 U.S.C. 644(h)(2)(E)) is amended—
in clause (i)—
in subclause (III), by striking “and” at the end; and
by adding at the end the following new subclauses:
“(V) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns for purposes of the initial contract; and
“(VI) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;”
in clause (ii)—
in subclause (IV), by striking “and” at the end; and
by adding at the end the following new subclauses:
“(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract; and
“(VII) that were awarded using a procurement method that restricted competition to qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;”
in clause (iii)—
in subclause (V), by striking “and” at the end; and
by adding at the end the following new subclauses:
“(VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be qualified HUBZone small business concerns for purposes of the initial contract; and
“(VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;”
in clause (iv)—
in subclause (V), by striking “and” at the end; and
by adding at the end the following new subclauses:
“(VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of the initial contract; and
“(VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by women, or a subset of any such concerns;”
in clause (v)—
in subclause (IV), by striking “and” at the end;
in subclause (V), by inserting “and” at the end; and
by adding at the end the following new subclause:
“(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Indian tribe other than an Alaska Native Corporation for purposes of the initial contract;”
in clause (vi)—
in subclause (IV), by striking “and” at the end;
in subclause (V), by inserting “and” at the end; and
by adding at the end the following new subclause:
“(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by a Native Hawaiian Organization for purposes of the initial contract;”
in clause (vii)—
in subclause (IV), by striking “and” at the end;
in subclause (V), by striking “and” at the end; and
by adding at the end the following new subclause:
“(VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Alaska Native Corporation for purposes of the initial contract; and”
in clause (viii)—
in subclause (VII), by striking “and” at the end;
in subclause (VIII), by striking “and” at the end; and
by adding at the end the following new subclauses:
“(IX) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial contract; and
“(X) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or a subset of any such concerns; and”
FF Expanding Broadcast Ownership Opportunities
Sec. 14201 Short title
This subtitle may be cited as the “Expanding Broadcast Ownership Opportunities Act of 2020”.
Sec. 14202 Findings
Congress finds the following:
One of the main missions of the Federal Communications Commission, and a compelling governmental interest, is to ensure that there is a diversity of ownership and viewpoints in the broadcasting industry.
The Commission should continue to collect relevant data and conduct studies on such diversity and make appropriate recommendations to Congress on how to increase the number of minority- and women-owned broadcast stations.
Data from 2014 shows that, of the over 1,700 commercial broadcast television stations in the United States, less than 6 percent are owned by women, and less than 3 percent are minority-owned. With respect to radio stations, women owned approximately 7 percent of FM broadcast radio stations, and minorities owned less than 3 percent of such stations.
Women and minority ownership is 5 to 10 times higher in other industries than in the broadcasting industry.
During the 17 years that a minority tax certificate program was in place at the Commission (from 1978 to 1995), the Commission issued 287 certificates for radio stations and 40 certificates for television stations.
The Commission can also support minority- and women-owned entrants into the broadcasting industry by implementing an incubator program in which existing licensees assist new entrants in the operation of broadcast stations.
Sec. 14203 FCC reports to Congress
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.
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.
Sec. 14204 Tax certificate program for broadcast station transactions furthering ownership by socially disadvantaged individuals
Requirements for issuance of certificate by FCC—
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 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 or preserving ownership by socially disadvantaged individuals—A sale of an interest in a broadcast station if, immediately following the sale, the station is owned by socially disadvantaged individuals (regardless of whether the station was owned by socially disadvantaged individuals before the sale).
“(2) Sale by investor in station owned by socially 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 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. The limit shall be no lower than $10,000,000 and no higher than $50,000,000.
“(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 disadvantaged individuals. The minimum period shall be no longer than 3 years.
“(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 disadvantaged individuals—Requirements for participation by socially 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 disadvantaged individuals—The term “owned by socially disadvantaged individuals” means, with respect to a broadcast station, that—
“(A) such station is at least 51 percent owned by one or more socially 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 disadvantaged individuals; and
“(B) the management and daily business operations of such station are controlled by one or more of such individuals.
“(2) Socially disadvantaged individual—The term “socially disadvantaged individual” means a woman or 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.”
Deadline for adoption of rules— The Commission shall adopt rules to implement section 344 of the Communications Act of 1934, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act.
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 paragraph (1), beyond broadcast stations to cover other entities regulated by the Commission.
Examination and report to Congress on nexus between diversity of ownership and diversity of viewpoint—
Examination— Not later than 60 days after the date of the enactment of this Act, the Commission shall initiate an examination of 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.
Report to Congress— Not later than 2 years after the date of the enactment of this Act, the Commission shall submit to Congress a report on the findings of the Commission in the examination under subparagraph (A), including supporting data.
Nonrecognition of gain or loss for tax purposes—
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),
“(c) Basis—For basis of property acquired on a sale treated as an involuntary conversion under subsection (a), see section 1033(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:
Effective date— The amendments made by this section 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.
Sunset— The amendments made by this section 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.
Sec. 14205 Incubator program
Not later than 180 days after the date of the enactment of this Act, the Commission shall amend its Report and Order in the matter of rules and policies to promote new entry and ownership diversity in the broadcasting services, MB Docket No. 17–289, FCC 18–114, adopted on August 2, 2018, to do the following:
Expand the incubator program provided for in such Report and Order to permit a licensee to provide financial support or operational support, or both, to a qualifying incubated entity that owns or wants to own a television broadcast station.
Expand the eligibility criteria for an incubated entity under such program to include broadcast stations owned by socially disadvantaged individuals.
Sec. 14206 Definitions
In this subtitle:
Broadcast station— The term “broadcast station” has the meaning given such term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
Commission— The term “Commission” means the Federal Communications Commission.
Owned by socially disadvantaged individuals— The term “owned by socially disadvantaged individuals” has the meaning given such term in section 344 of the Communications Act of 1934, as added by section 12404.
GG Promote Startups Act
Sec. 14301 Short title
This subtitle may be cited as the “Promote Startups Act of 2020”.
Sec. 14302 Permanent increase of limitation on deduction for start-upand organizational expenditures
Start-Up expenditures—
by striking “$5,000” and inserting “$15,000”, and
by striking “$50,000” and inserting “$150,000”.
Conforming amendment— Section 195(b) of such Code is amended by striking paragraph (3).
Organizational expenditures— Section 248(a)(1)(B) of such Code is amended—
by striking “$5,000” and inserting “$10,000”, and
by striking “$50,000” and inserting “$60,000”.
Effective date— The amendments made by this section shall apply to amounts paid or incurred with respect to—
in the case of the amendments made by subsection (a), trades or businesses beginning in taxable years beginning after December 31, 2016, and
in the case of the amendments made by subsection (b), corporations the business of which begins in taxable years beginning after such date.
HH Inspector General report on participation in FAA programs by disadvantaged small business concerns
Sec. 14501 Inspector General report on participation in FAA programs by disadvantaged small business concerns
Section 140 of the FAA Modernization and Reform Act of 2012 is amended—
in subsection (c)—
in paragraph (1) by striking “each of fiscal years 2013 through 2018” and inserting “fiscal year 2020 and periodically thereafter”; and
in paragraph (3)(A) by striking “a list” and inserting “with respect to the large- and medium-hub airports in the United States that participate in the airport disadvantaged business enterprise program referenced in subsection (a), a list”; and
by adding at the end the following:
“(d) Assessment of efforts—The Inspector General shall assess the efforts of the Federal Aviation Administration with respect to implementing recommendations suggested in reports submitted under subsection (c) and shall include in each semiannual report of the Inspector General that is submitted to Congress a description of the results of such assessment.”
Sec. 14502 Minority and disadvantaged business participation
Section 47113 of title 49, United States Code, is amended—
in subsection (c)—
by striking “The Secretary shall” and inserting the following:
“(1) In general—The Secretary shall”
by adding at the end the following:
“(2) Consistency of information—The Secretary shall develop and maintain a training program—
“(A) for employees of the Federal Aviation Administration who provide guidance and training to entities that certify whether a small business concern qualifies under this section (and for employees of the other modal administrations of the Department of Transportation who provide similar services); and
“(B) that ensures Federal officials provide consistent communications with respect to certification requirements.
“(3) Lists of certifying authorities—The Secretary shall ensure that each State maintains an accurate list of the certifying authorities in such State for purposes of this section and that the list is—
“(A) updated at least twice each year; and
“(B) made available to the public.”
in subsection (e) by adding at the end the following:
“(4) Reporting—The Secretary shall determine, for each fiscal year, the number of individuals who received training under this subsection and shall make such number available to the public on an appropriate website operated by the Secretary. If the Secretary determines, with respect to a fiscal year, that fewer individuals received training under this subsection than in the previous fiscal year, the Secretary shall submit to Congress, and make available to the public on an appropriate website operated by the Secretary, a report describing the reasons for the decrease.
“(5) Assessment—Not later than 2 years after the date of enactment of this paragraph, and every 2 years thereafter, the Secretary shall assess the training program, including by soliciting feedback from stakeholders, and update the training program as appropriate.”
by adding at the end the following:
“(f) Trend assessment
“(1) In general—Not later than 2 years after the date of enactment of this subsection, and at least every 2 years thereafter, the Secretary shall study, using information reported by airports, trends in the participation of small business concerns referred to in subsection (b).
“(2) Contents—The study under paragraph (1) shall include—
“(A) an analysis of whether the participation of small business concerns referred to in subsection (b) at reporting airports increased or decreased during the period studied, including for such concerns that were first time participants;
“(B) an analysis of the factors relating to any significant increases or decreases in participation compared to prior years; and
“(C) development of a plan to respond to the results of the study, including development of recommendations for sharing best practices for maintaining or boosting participation.
“(3) Reporting—For each study completed under paragraph (1), the Secretary shall submit to Congress, and make available to the program contact at each airport that participates in the airport disadvantaged business enterprise program, a report describing the results of the study.”
Sec. 14503 Passenger facility charges
Section 40117(c) of title 49, United States Code, is amended by adding at the end the following:
“(5) With respect to an application under this subsection that relates to an airport that participates in the airport disadvantaged business enterprise program referenced in section 140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 note), the application shall include a detailed description of good faith efforts at the airport to contract with disadvantaged business enterprises in relation to any project that is a subject of the application and to ensure that all small businesses, including those owned by veterans, fairly compete for work funded with passenger facility charges.”
Sec. 14504 Annual tracking of certain new firms at airports with a disadvantaged business enterprise program
Tracking required— Beginning in fiscal year 2020, and each fiscal year thereafter, the Administrator of the Federal Aviation Administration shall require each covered airport to report to the Administrator on the number of new disadvantaged business enterprises that were awarded a contract or concession during the previous fiscal year at the airport.
Training— The Administrator shall provide training to airports, on an ongoing basis, with respect to compliance with subsection (a).
Reporting— During the first fiscal year beginning after the date of enactment of this Act and every fiscal year thereafter, the Administrator shall update dbE–Connect (or any successor online reporting system) to include information on the number of new disadvantaged business enterprises that were awarded a contract or concession during the previous fiscal year at a covered airport.
Covered airport defined— In this section, the term covered airport means a large- or medium-hub airport that participates in the airport disadvantaged business enterprise program referenced in section 140(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 47113 note).
Sec. 14505 Audits
The Inspector General of the Department of Transportation shall conduct periodic audits regarding the accuracy of the data on disadvantaged business enterprises contained in the Federal Aviation Administration’s reporting database related to such enterprises or any similar or successor online reporting database developed by the Administration.
II Disabled Access Credit Expansion
Sec. 14601 Short title
This subtitle may be cited as the “Disabled Access Credit Expansion Act”.
Sec. 14602 Expansion of credit for expenditures to provide access to disabled individuals
Increase in dollar limitation—
In general— Subsection (a) of section 44 of the Internal Revenue Code of 1986 is amended by striking “$10,250” and inserting “$20,500”.
Inflation adjustment— Section 44 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection:
“(e) Inflation adjustment
“(1) In general—In the case of any taxable year beginning after 2020, the $20,500 amount in subsection (a) shall be increased by an amount equal to—
“(A) such dollar amount, multiplied by
“(B) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2019” for “calendar year 2016” in subparagraph (A)(ii) thereof.
“(2) Rounding—Any amount determined under paragraph (1) which is not a multiple of $50 shall be rounded to the next lowest multiple of $50.”
Increase in gross receipts limitation— Subparagraph (A) of section 44(b)(1) of the Internal Revenue Code of 1986 is amended by striking “$1,000,000” and inserting “$2,500,000”.
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2019.
Sec. 14603 Alternative means of dispute resolution involving disability rights
Findings— Congress finds the following:
Congress does not directly appropriate funds for the ADA Mediation Program of the Disability Rights Section of the Civil Rights Division of the Department of Justice.
The Civil Rights Division receives funds for the ADA Mediation Program from the Office of Alternative Dispute Resolution of the Office of Legal Policy of the Department of Justice. The Office of Alternative Dispute Resolution receives appropriations through the appropriations account of the Department of Justice appropriated under the heading “Fees and Expenses of Witnesses” under the heading “Legal Activities” (referred to in this subsection as the “FEW appropriations account”).
The total amount appropriated to the Office of Alternative Dispute Resolution through the FEW appropriations account for fiscal year 2018 is $3,659,544.
Out of this amount, the Office of Alternative Dispute Resolution funds mediation for all of the litigating units within the Department of Justice.
The Civil Rights Division requests funding for the ADA Mediation Program on a quarterly basis and is limited in its ability to use funds to increase personnel and provide training concerning the program.
Voluntary mediation, under section 514 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12212), of disputes between individuals and entities covered by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) requires specific expertise.
To best serve the disability community, and entities covered by that Act, the ADA Mediation Program should be able to use funds to increase personnel and provide training concerning the program.
ADA Mediation Program—
In general— The Attorney General shall carry out an ADA Mediation Program (referred to in this section as the “Program”).
Duties and authorities— In carrying out the Program, the Attorney General—
shall facilitate voluntary mediation to resolve disputes arising under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
may hire or enter into contracts with personnel for the Program, including increasing the number of such personnel beyond the number of individuals who provided services through the Program on the date of enactment of this section; and
provide training for mediators who provide services through the Program.
Authorization of appropriations—
In general— There is authorized to be appropriated to the appropriations account of the Department of Justice appropriated under the heading “Fees and Expenses of Witnesses” under the heading “Legal Activities”, to carry out this section, $1,000,000 (in addition to any other amounts appropriated to that account) for fiscal year 2021.
Availability of funds— Funds appropriated under subparagraph (A) may be used to pay for obligations incurred through the Program prior to the date of enactment of this section.
Sec. 14604 ADA Information Line data collection report
Findings— Congress finds the following:
As of August 10, 2018, during fiscal year 2018, accessibility specialists have answered approximately 38,135 calls to the ADA Information Line.
The ADA Information Line receives on average approximately 1,000 calls per week, and does not typically collect data about the kinds of calls it receives.
The ADA Information Line takes calls from a variety of individuals and entities interested in the Americans with Disabilities Act of 1990, including—
employers covered by such Act;
architects and others who work with such employers;
public entities, such as schools and public service providers;
individuals with disabilities; and
entities that provide public accommodations.
ADA.gov provides many resources to individuals and entities, public or private, looking for information on such Act.
Definitions— In this section—
the term ADA Information Line means the toll-free line operated by the Attorney General to provide information and materials to the public about the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), including regulations issued under the Act and technical assistance in accordance with section 507 of the Act (42 U.S.C. 12206); and
the term disability, with respect to an individual, has the meaning given such term in section 3 of such Act (42 U.S.C. 12102).
Report— Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to each committee of Congress—
outlining the kinds of calls the ADA Information Line receives;
detailing the efforts of the Department of Justice to educate individuals and entities about the existence of the ADA Information Line; and
providing recommendations on improvements that can be made to provide additional support to individuals with disabilities, and entities covered by the Americans with Disabilities Act of 1990, seeking information on such Act.
JJ RESCUE Act for Black and Community Banks
Sec. 14701 Short title
This subtitle may be cited as the “Reenergized Economic Sustainability for Community and Urban Entities Act for Black and Community Banks” or the “RESCUE Act for Black and Community Banks”.
Sec. 14702 Regulation of Black and Community Banks
Office of Black and Community Banks—
Establishment— There is established within the Office of the Comptroller of the Currency an office to be known as the “Office of Black and Community Banks”.
Supervision and examination of Black banks and community banks— The Comptroller of the Currency, acting through the Office of Black and Community Banks, shall supervise and examine Black banks and community banks.
Regulatory relief—
In general— The Comptroller shall issue regulations to partially or completely exempt Black banks and community banks from Federal banking statutes and regulations, to the extent the Comptroller determines it appropriate without endangering the safety and soundness of such banks.
Treatment of manual underwriting— For purposes of risk-based capital requirements for Black banks and community banks, the Comptroller shall issue regulations to assign a lower level of risk to loans that are issued by such banks using manual underwriting, in recognition of the individualized scrutiny provided by manual underwriting.
Encouraging small-dollar lending— The Comptroller shall issue regulations to encourage affordable small-dollar lending by Black banks and community banks by providing regulatory flexibility with respect to such lending.
Regulatory relief under the securities laws—
Investment products— With respect to investment products sold by a Black bank or a community bank (or an affiliate of such bank) to individuals in the community in which such bank is located, the Securities and Exchange Commission shall issue regulations to partially or completely exempt the bank from the securities laws and regulations issued under the securities laws, to the extent the Commission determines it appropriate without endangering the protection of investors.
Securities—
In general— The Securities and Exchange Commission shall issue regulations to reduce the regulatory burden applicable to Black banks and community banks—
under the amendments made by the Jumpstart Our Business Startups Act;
issuing mortgage-backed securities; and
issuing securities backed by loans guaranteed by the Small Business Act.
Crowdfunding exemption— Section 4A of the Securities Act of 1933 (15 U.S.C. 77d–1) shall not apply to Black banks or community banks.
Conforming change to definition of appropriate Federal banking agency— Section 3(q)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)(1)) is amended—
in subparagraph (B), by striking “and” at the end;
in subparagraph (C), by adding “and” at the end; and
by adding at the end the following:
“(D) notwithstanding paragraphs (2) and (3), any Black bank or community bank (as such terms are defined under section 14705 of the RESCUE Act for Black and Community Banks);”
Sec. 14703 Codification of the Minority Bank Deposit Program
In general—
In general— Section 1204 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows:
“1204. Expansion of use of minority banks, women’s banks, and low-income credit unions
“(a) Minority Bank Deposit Program
“(1) Establishment—There is established a program to be known as the “Minority Bank Deposit Program” to expand the use of minority banks, women’s banks, and low-income credit unions.
“(2) Administration—The Secretary of the Treasury, acting through the Fiscal Service, shall—
“(A) on application by a depository institution or credit union, certify whether such depository institution or credit union is a minority bank, women’s bank, or low-income credit union;
“(B) maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph (A);
“(C) periodically distribute the list described in subparagraph (B) to—
“(i) all Federal departments and agencies;
“(ii) interested State and local governments; and
“(iii) interested private sector companies; and
“(D) support the creation of ratings, online Black bank resources, and database products, including online lending and investment facilities.
“(3) Inclusion of certain entities on list—A depository institution or credit union that, on the date of the enactment of this section, has a current certification from the Secretary of the Treasury stating that such depository institution or credit union is a minority bank, women’s bank, or low-income credit union shall be included on the list described under paragraph (2)(B).
“(b) Expanded use among Federal departments and agencies
“(1) In general—Not later than 1 year after the establishment of the program described in subsection (a), the head of each Federal department or agency shall develop and implement standards and procedures to ensure, to the maximum extent possible as permitted by law, the use of minority banks, women’s banks, and low-income credit unions to serve the financial needs of each such department or agency.
“(2) Minimum requirement—Notwithstanding paragraph (1), the head of each Federal department or agency shall ensure that at least 10 percent of the financial needs of each such department or agency are met by the use of minority banks, women’s banks, and low-income credit unions.
“(3) Report to Congress—Not later than 2 years after the establishment of the program described in subsection (a), and annually thereafter, the head of each Federal department or agency shall submit to Congress a report on the actions taken to increase the use of minority banks, women’s banks, and low-income credit unions to serve the financial needs of each such department or agency.
“(c) Definitions—For purposes of this section:
“(1) Credit union—The term credit union has the meaning given the term insured credit union in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
“(2) Depository institution—The term depository institution has the meaning given the term insured depository institution in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
“(3) Low-income credit union—The term low-income credit union means any entity described in section 19(b)(1)(A)(iv) of the Federal Reserve Act.
“(4) Minority—The term minority means any Black American, Native American, Hispanic American, or Asian American.
“(5) Minority bank—The term minority bank means any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act for which—
“(A) more than 50 percent of the outstanding shares of which are held by 1 or more minority individuals;
“(B) the majority of the directors on the board of directors of which are minority individuals; and
“(C) a significant percentage of senior management positions of which are held by minority individuals.
“(6) Women’s bank—The term women’s bank means any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act for which—
“(A) more than 50 percent of the outstanding shares of which are held by 1 or more women;
“(B) the majority of the directors on the board of directors of which are women; and
“(C) a significant percentage of senior management positions of which are held by women.”
Conforming Amendments— The following provisions are amended by striking “1204(c)(3)” and inserting “1204(c)”:
Section 808(b)(3) of the Community Reinvestment Act of 1977 (12 U.S.C. 2907(b)(3)).
Section 40(g)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(g)(1)(B)).
Section 704B(h)(4) of the Equal Credit Opportunity Act (15 U.S.C. 1691c–2(h)(4)).
Amendments to the Community Reinvestment Act— Section 804(b) of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(b)) is amended to read as follows:
“(b) Cooperation with Minority Banks, Women’s Banks, and Low-Income Credit Unions Considered
“(1) In general—In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority banks, women’s banks, community development financial institutions, and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered.
“(2) Definitions
“(A) FIRREA definitions—The terms low-income credit union, minority bank, and women’s bank have the meanings given such terms, respectively, in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
“(B) Community development financial institution—The term “community development financial institution” has the meaning given in section 103(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(5)).”
Considerations when assessing financial inclusion for federally chartered financial institutions—
In General— In assessing and taking into account the record of a federally chartered financial institution under any financial inclusion assessment process created by the Comptroller of the Currency in any rule relating to the chartering of a financial institution, the Comptroller shall consider as a factor capital investment, loan participation, and other ventures undertaken by the bank in cooperation with Black banks, women’s banks, community development financial institutions, and low-income credit unions, provided that these activities help meet the financial needs of local communities in which the federally chartered financial institution provides financial products or services.
Definitions— For purposes of this section:
Community development financial institution— The term “community development financial institution” has the meaning given in section 103(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(5)).
Financial inclusion assessment process— The term financial inclusion assessment process means any process relating to the chartering of a financial institution whereby the Comptroller of the Currency assesses and takes into account the financial institution’s record of meeting the financial needs of the bank’s entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such bank.
Financial product or service— The term “financial product or service” has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).
FIRREA definitions— The terms low-income credit union and women’s bank have the meanings given such terms, respectively, in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
Sec. 14704 GAO Studies
New Markets Tax Credit Study— The Comptroller General of the United States shall carry out a study on the award of the new markets tax credit by—
surveying communities and specifically talking to Black banks, community banks, and CDFIs that wish to receive the tax credit about why they are not receiving the tax credit;
determining where the tax credit money actually went and what it was used for; and
to the extent possible, using a case study approach.
Lower-Value home mortgage loan study— The Comptroller General of the United States shall carry out a study on mortgage loans with a principal amount of $100,000 or less, including—
who is making such loans currently;
how communities are encouraging such loans;
what changes could encourage banks and other persons to provide more such loans; and
any statutory or regulatory changes that the Comptroller believes may be needed to encourage more such loans.
Blockchain study— The Comptroller General of the United States shall carry out a study on blockchain technology and whether such technology could be used to increase investment by lower-income individuals in start-ups and other crowd-funded companies.
Sec. 14705 Definitions
For purposes of this subtitle:
Black bank— The term “Black bank” means an insured depository institution—
more than 50 percent of the ownership or control of which is held by 1 or more Black individuals; and
more than 50 percent of the net profit or loss of which accrues to 1 or more Black individuals.
CDFI— The term “CDFI” has the meaning given the term “community development financial institution” under section 103 of the Community Development Banking and Financial Institutions Act of 1994.
Community bank— The term “community bank” means an insured depository institution with less than $100,000,000 in consolidated assets.
Comptroller— The term “Comptroller” means the Comptroller of the Currency, except when used in the context of the Comptroller General of the United States.
Insured credit union— The term “insured credit union” has the meaning given such term under section 101 of the Federal Credit Union Act.
Insured depository institution— The term “insured depository institution”—
has the meaning given such term under section 3 of the Federal Deposit Insurance Act; and
includes an insured credit union.
Securities laws— The term “securities laws” has the meaning given such term under section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c).
KK Small Business Start-up Savings Accounts
Sec. 14801 Short title
This subtitle may be cited as the “Small Business Start-up Savings Accounts Act of 2020”.
Sec. 14802 Establishment of Small Business Start-up Savings Accounts
In general— Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section:
“408B. Small Business Start-up Savings Accounts
“(a) General rule—Except as provided in this section, a Small Business Start-up Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan.
“(b) Small business start-Up savings account—For purposes of this title, the term Small Business Start-up Savings Account means an individual retirement plan which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a Small Business Start-up Savings Account.
“(c) Treatment of contributions
“(1) No deduction allowed—No deduction shall be allowed under section 219 for a contribution to a Small Business Start-up Savings Account.
“(2) Contribution limit
“(A) In general—The aggregate amount of contributions for any taxable year to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $10,000.
“(B) Aggregate limitation—The aggregate of the amount of contributions for all taxable years with respect to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $150,000.
“(C) Cost of living adjustment
“(i) In general—In the case of a taxable year beginning after 2019, the $10,000 amount in subparagraph (A) shall be increased by an amount equal to—
“(I) such dollar amount, multiplied by
“(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2020” for “calendar year 1992” in subparagraph (B) thereof.
“(ii) Rounding—If any amount as adjusted under clause (i) is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500.
“(3) Contributions permitted after age 70½—Contributions to a Small Business Start-up Savings Account may be made even after the individual for whom the account is maintained has attained age 70½.
“(4) Rollovers from retirement plans not allowed—A taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Start-up Savings Account from any eligible retirement plan (as defined in section 402(c)(8)(B)), except as may be provided by the Secretary in the case of a rollover from another Small Business Start-up Savings Account.
“(5) Income based on modified adjusted gross income
“(A) In general—In the case of a taxable year in which the taxpayer’s adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return), the dollar amount in effect for such taxable year under subsection (c)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B).
“(B) Amount of reduction—The amount determined under this subparagraph shall be the amount which bears the same ratio to such limitation as—
“(i) the excess of—
“(I) the taxpayer’s adjusted gross income for such taxable year, over
“(II) $150,000 ($300,000 in the case of a joint return), bears to
“(ii) $25,000.
“(C) Modified adjusted gross income—The term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
“(d) Treatment of distributions
“(1) Tax treatment
“(A) Exclusion of qualified distributions—Any qualified distribution from a Small Business Start-up Savings Account shall not be includible in gross income.
“(B) Inclusion of other distributions—Distributions from a Small Business Start-up Savings Account which is not a qualified distribution shall be included in gross income and, for purposes of section 1, treated as a net capital gain.
“(2) Qualified distribution—For purposes of this subsection, the term qualified distribution means, with respect to any taxable year, any payment or distribution from a Small Business Start-up Savings Account—
“(A) to the extent the amount of such payment or distribution does not exceed the sum of—
“(i) the aggregate amounts paid or incurred by the taxpayer for such taxable year with respect to a trade or business for the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees, and
“(ii) the aggregate capital contributions of the taxpayer with respect to a trade or business for the taxable year (but only to the extent such amounts are used in such trade or business for purposes described in clause (i)), and
“(B) which, in the case of a payment or distribution subsequent to the first payment or distribution from such account (or any predecessor to such account)—
“(i) is made not later than the close of the 5th taxable year beginning after the date of such first payment or distribution, and
“(ii) is made with respect to the same trade or business with respect to which such first payment or distribution was made.
“(3) Treatment after death of account beneficiary—If, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a Small Business Start-up Savings Account—
“(A) such account shall cease to be a Small Business Start-up Savings Account as of the date of death, and
“(B) an amount equal to the fair market value of the assets in such account on such date shall be includible—
“(i) in the case of a person who is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or
“(ii) in the case of a person who is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary.
“(C) Special rules
“(i) Reduction of inclusion for predeath expenses—The amount includible in gross income under subparagraph (B) shall be reduced by the amounts described in paragraph (2) which were incurred by the decedent before the date of the decedent’s death and paid by such person within 1 year after such date.
“(ii) Deduction for estate taxes—An appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent) with respect to amounts included in gross income under clause (i) by such person.
“(4) Mandatory distribution rules not to apply—Section 401(a)(9)(A) and the incidental death benefit requirements of section 401(a) shall not apply to any Small Business Start-up Savings Account.”
Excess contributions— Section 4973 of such Code is amended by adding at the end the following new subsection:
“(i) Excess contributions to Small Business Start-Up Savings Accounts—For purposes of this section, in the case of contributions to all Small Business Start-up Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term excess contributions means the sum of—
“(1) the excess (if any) of—
“(A) the amount contributed to such accounts for the taxable year, over
“(B) the amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, and
“(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of—
“(A) the distributions out of the accounts for the taxable year, and
“(B) the excess (if any) of—
“(i) the maximum amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, over
“(ii) the amount contributed to such accounts for such taxable year, and
“(3) the excess (if any) of—
“(A) the excess (if any) of—
“(i) the aggregate amounts contributed to such accounts for all taxable years, over
“(ii) the aggregate amount allowable as contributions under section 408B(c)(2)(B) for all taxable years, over
“(B) the amount determined under this paragraph for all preceding taxable years.”
Conforming amendment— The table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408A the following new item:
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
LL Small Business Development Centers and Women’s Business Centers Tax Compliance Costs
Sec. 14901 Grants to small business development centers and women’s business centers to address rising costs of tax compliance for small business concerns
Grant authority— The Administrator of the Small Business Administration may award a grant under this section to a small business development center or a women’s business center for the purposes of assisting owners of small business concerns in complying with the Internal Revenue Code of 1986 and communicating with the Internal Revenue Service.
Application— Each applicant for a grant under this section shall submit to the Administrator an application in such form as the Administrator may require. The application shall include information regarding the applicant’s goals and objectives for helping address the concerns of owners of small business concerns related to compliance with the Internal Revenue Code of 1986.
Applicability of grant requirements— An applicant for a grant under this section shall comply with all of the requirements applicable to a grantee under section 21 or section 29 of the Small Business Act, except that the matching funds requirements of such sections shall not apply.
Use of funds— A recipient of a grant under this section shall use the grant only for the purposes described in subsection (a), including working with—
the Internal Revenue Service, including local offices of the Office of the Taxpayer Advocate, to help reduce tax compliance costs for such owners; and
owners of small business concerns who are subject to an audit by the Internal Revenue Service.
Minimum grant amount— A grant awarded under this section may not be in an amount less than $200,000.
Cooperative agreements and contracts— The Administrator may enter into a cooperative agreement or contract with the recipient of a grant under this section to provide additional assistance for the purposes described in subsection (a).
Report to Administrator— Not later than 18 months after the date of receipt of a grant under this section, the recipient of the grant shall submit to the Administrator a report describing how the grant funds were used.
Evaluation of program— Not later than 3 years after the date of the enactment of this Act, the Administrator shall submit to Congress a report that contains an evaluation of the grant program established under this section.
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the Small Business Administration.
Small business concern— The term small business concern has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).
Small business development center— The term small business development center has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632).
Women’s business center— The term women’s business center means a women's business center described under section 29 of the Small Business Act (15 U.S.C. 656).
Limitation on use of funds— The Administrator may carry out this section only with amounts appropriated specifically to carry out this section under subsection (k).
Authorization of appropriations— There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 and 2023.
MM Hire A Hero
Sec. 15101 Short title
This subtitle may be cited as the “Hire A Hero Act of 2020”.
Sec. 15102 Work opportunity credit to small businesses for hiring members of Ready Reserve or National Guard
In general— Section 51(d)(1) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting “, or”, and by adding at the end the following new subparagraph:
“(K) in the case of an eligible employer (as defined in section 408(p)(2)(C)(i)), an individual who is a member of—
“(i) the Ready Reserve (as described in section 10142 of title 10, United States Code), or
“(ii) the National Guard (as defined in section 101(c)(1) of title 10, United States Code).”
Effective date—
In general— The amendment made by this section shall apply to wages paid or incurred after the date of the enactment of this Act in taxable years ending after such date.
Current employees covered by credit— For purposes of applying section 51 of the Internal Revenue Code of 1986, individuals described in section 51(d)(1)(K) of such Code, as added by this section, who are employed by an eligible employer (as defined in section 408(p)(2)(C)(i) of such Code) on the date of the enactment of this Act shall be treated as beginning work for such employer on such date.
Sec. 15103 Permanent extension of work opportunity credit for employers hiring qualified veterans and members of Ready Reserve and National Guard
In general— Section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting “(other than any individual described in subparagraph (B) or (K) of subsection (d)(1))” after “individual”.
Effective date— The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2019.
NN Jobs, On-the-Job Earn-While-You-Learn Training, and Apprenticeships for Young African-Americans
Sec. 15201 Short title
This subtitle may be cited as the “Jobs, On-the-Job “Earn-While-You-Learn” Training, and Apprenticeships for Young African-Americans Act”.
Sec. 15202 Findings and purpose
Findings— Congress finds the following:
Young African-American men and women are the hardest hit by economic instability. Declared and affirmed by the Federal Reserve, African Americans face unemployment rates that are two to three times higher than their White counterparts for the last several decades.
During economic recessions in 1974–75, 1981–82, 1990–91, and 2008, the African-American community faced significantly higher unemployment rates than their White counterparts.
Even during times of economic growth, African-American communities experience prolonged financial vulnerability and delayed recovery. Unemployment rates decline at a slower rate for African-American men, and even a slower rate for African-American women as compared to their White counterparts.
This extraordinarily high unemployment rate has a terrible rippling impact on the breakdown of the family structure, as men and women in this age group are in the primary child-producing ages.
Affirmed by the Department of Labor, diversity and inclusion within the workforce benefits employees and businesses across all industries, including apprenticeship programs, which provide economic mobility to its participants.
Through the combined efforts of building trades unions and community partners at the State and local level, there have been established more than 150 apprenticeship readiness programs across the United States that focus on creating pathways to Registered Programs for people of color, women, and veterans. Overall, from 2009 to 2019, building trades unions and their signatory contractors have invested over $100,000,000 in outreach efforts targeting under-represented communities to participate in apprenticeship readiness programs. Of the 4,800 individuals who have successfully completed a building trades apprenticeship readiness program since 2016, 70 percent were from communities of color and 22 percent were women.
The disproportionately high-unemployment rates, combined with low participation rates from African Americans in registered apprenticeship programs not only constitute a national crisis but a national tragedy for the young African Americans, many of whom are fathers and mothers who, without jobs, are unable to provide for their families or home.
Purpose— The purpose of this subtitle is to secure jobs, on-the-job training, and apprenticeships for young African Americans 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.
Sec. 15203 Sense of Congress
It is the sense of Congress that—
this subtitle, while rebuilding the crumbling infrastructure of this great Nation, will simultaneously help create good paying jobs and job training that will provide young African Americans ages 18 to 39 with the technical skills, computer capabilities, and other skills necessary in this high technology-driven job market, thus providing young African Americans with highly developed skills that will make them very competitive and attractive to many employers;
this subtitle greatly exemplifies and strengthens the high nobility of purpose that is the founding grace of this great Nation; and
the African-American organizations described in section 15204(c) 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 young African Americans.
Sec. 15204 Urging employment, on-the-job training, and apprenticeships for unemployed young African Americans in rebuilding the Nation’s crumbling infrastructure
In general— The Secretary of Labor shall strongly and urgently encourage 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, train, and provide apprentice programs registered under the National Apprenticeship Act (29 U.S.C. 50 et seq.) to African Americans ages 18 to 39 through their existing jobs and through apprenticeships and earn-while-you-learn programs, registered under such Act. The Secretary shall provide assistance to such labor unions, general contractors, and businesses through every means available under existing law to help coordinate the recruitment of such individuals for such jobs, on-the-job training, and apprenticeships.
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 the Secretary has identified as those primarily involved in the infrastructure rebuilding described in such subsection. Such coordination shall also be done in conjunction with the National Joint Apprenticeship and Training Committee.
Recruitment— The Secretary shall coordinate with labor unions, general contractors, and businesses described in subsections (a) and (b) to recruit African Americans 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, and civil rights organizations that can offer valuable assistance to the Secretary of Labor, the labor unions, general contractors, and businesses with identifying, locating, and contacting unemployed young African Americans who want jobs, on-the-job training, and apprenticeships.
OO Media Diversity
Sec. 15301 Findings
The Congress finds the following:
The principle that an informed and engaged electorate is critical to a vibrant democracy is deeply rooted in our laws of free speech and underpins the virtues on which we established our Constitution, “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defences, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. . .”.
Having independent, diverse, and local media that provide exposure to a broad range of viewpoints and the ability to contribute to the political debate is central to sustaining that informed engagement.
It is in the public interest to encourage source, content, and audience diversity on our Nation’s shared telecommunications and media platforms.
The survival of small, independent, and diverse media outlets that serve diverse audiences and local media markets is essential to preserving local culture and building understanding on important community issues that impact the daily lives of residents.
Research by the American Society of News Editors, the Radio Television Digital News Association, the Pew Research Center, and others has documented the continued challenges of increasing diversity among all types of media entities.
With increasing media experience and sophistication, it is even more important to have minority participation in local media to ensure a diverse range of information sources are available and different ideas and viewpoints are expressed to strengthen social cohesion among different communities.
The constriction in small, independent, and diverse media outlets and limited participation of diverse populations in media ownership and decisionmaking are combining to negatively impact our goal of increasing local civic engagement and civic knowledge through increased voter participation, membership in civic groups, and knowledge of local political and civil information.
Sec. 15302 Sense of Congress
PP Federal Jobs
Sec. 15401 Short title; definitions
Short title— This subtitle may be cited as the “Federal Jobs Act”.
Definitions— In this subtitle:
Agency— The term “agency” has the meaning given the term “Executive agency” in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission.
Agency plan— The term “agency plan” means an Executive agency-specific plan to carry out the Diversity Plan, as described in section 15403.
Deputy Director— The term “Deputy Director” means the Deputy Director of Management of the Office of Management and Budget.
Director— The term “Director” means the Director of the Office of Personnel Management.
Diversity— The term “diversity” includes characteristics such as national origin, language, race, color, disability, ethnicity, gender, age, religion, sexual orientation, gender identity, socioeconomic status, and family structures.
Diversity Plan— The term “Diversity Plan” means the Diversity and Inclusion Initiative and Strategic Plan, as described in section 15402.
Sec. 15402 Executive branch Diversity and Inclusion Initiative and Strategic Plan
In general— The Director of the Office of Personnel Management and the Deputy Director of Management of the Office of Management and Budget, in coordination with the President’s Management Council and the Chair of the Equal Employment Opportunity Commission, shall—
establish a coordinated initiative to promote diversity and inclusion in the executive branch workforce;
not later than 90 days after the date of the enactment of this Act—
develop and issue a Diversity and Inclusion Strategic Plan applicable to the executive branch, to be updated at a minimum every 4 years, that—
focuses on workforce diversity, workplace inclusion, and agency accountability and leadership; and
highlights comprehensive strategies for agencies to identify and remove barriers to equal employment opportunity that may exist in recruitment, hiring, promotion, retention, professional development, and training policies and practices;
review applicable directives to agencies related to the development or submission of Executive agency human capital and other workforce plans and reports in connection with recruitment, hiring, promotion, retention, professional development, and training policies and practices, and develop a strategy for consolidating such agency plans and reports where appropriate and permitted by law; and
provide guidance to agencies concerning formulation of agency-specific plans under section 15403 to carry out the Diversity Plan;
identify appropriate practices to improve the effectiveness of each agency’s efforts to recruit, hire, promote, retain, develop, and train a diverse and inclusive workforce, consistent with merit system principles; and
establish a system for regular reporting on agencies’ progress in implementing any Executive agency-specific plan to carry out the Diversity Plan.
Application— For purposes of carrying out this section—
the term “diversity” includes characteristics such as national origin, language, race, color, disability, ethnicity, gender, age, religion, sexual orientation, gender identity, socioeconomic status, and family structures; and
recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a workforce from all segments of society while avoiding discrimination for or against any employee or applicant on the basis of race, color, religion, sex (including pregnancy or gender identity), national origin, age, disability, sexual orientation or any other prohibited basis.
Sec. 15403 Responsibilities of agencies
In general— The head of each agency shall—
designate the agency’s Chief Human Capital Officer, Director of Equal Employment Opportunity, and Chief Diversity Officer (if any) to be responsible for enhancing employment and promotion opportunities within the agency, including development and implementation of the agency plan;
not later than 120 days after the date the Diversity Plan is issued or updated under section 15401, develop or update (as the case may be) and submit for review to the Director and the Deputy Director an agency plan for recruiting, hiring, training, developing, advancing, promoting, and retaining a diverse workforce consistent with merit system principles, the agency’s overall strategic plan, its human capital operating plan prepared pursuant to part 250 of title 5, Code of Federal Regulations, and any other applicable workforce planning strategies and initiatives;
implement the agency plan after incorporating the plan into the agency’s human capital operating plan; and
provide information as specified by the reporting requirements developed under paragraph (4) of section 15401.
Annual updates— Not later than 90 days after the date of the enactment of this Act and annually thereafter, the head of each agency, in consultation with the Director and the Deputy Director, shall publish a report on the agency’s public Internet website that includes—
disaggregated demographic data (sorted by race, color, national origin, religion, sex, age, or disability) relating to the workforce and information on the status of diversity and inclusion efforts of the agency;
an analysis of applicant flow data, as available (sorted by race, color, national origin, religion, sex, age, or disability);
disaggregated demographic data relating to participants in professional development programs of the agency and the rate of placement into senior positions for participants in such programs; and
data related to the employment of traditionally underrepresented groups.
Retention and exit interviews or surveys—
Departing employees— The head of each agency shall provide an opportunity for an exit interview or survey to each agency employee who separates from service with the agency to better understand the employee’s reasons for leaving such service.
Use of analysis from interviews and surveys— The head of each agency shall analyze demographic data and other information obtained through interviews and surveys under paragraphs (1) and (2) to determine—
if and how the diversity of those participating in such interviews and surveys impacts the results; and
whether to implement any policy changes or make any recommendations.
Tracking data— The head of each agency shall—
track demographic data relating to participants in professional development programs and the rate of placement into senior positions for participants in such programs;
annually evaluate such data—
to identify ways to improve outreach and recruitment for such programs, consistent with merit system principles; and
to understand how participation in any program offered or sponsored by the agency under subparagraph (A) differs among the demographic categories of the workforce; and
actively encourage participation from a range of demographic categories, especially from categories with consistently low participation.
Sec. 15404 Legislative and judicial branches
Legislative branch— Each office treated as an employing office under the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) shall, to the greatest extent practicable, carry out the requirements of sections 15402 and 15403 with respect to the legislative branch of Government.
Judicial branch— The Director of the Administrative Office of the United States Courts shall, to the greatest extent practicable, carry out the requirements of sections 15402 and 15403 with respect to the judicial branch of Government.
Sec. 15405 Diversity in Government procurement and grantmaking
Prime contractor reporting to agencies— Each prime contractor shall submit to the head of the agency with which the contractor is under contract an annual report, that includes a list of prime contractors and subcontractors, and the amounts they receive from the agency, that are economically and socially disadvantaged businesses as defined by part 124 of title 13, Code of Federal Regulations.
Annual reports—
In general— Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the head of each agency shall submit to the appropriate congressional committees a comprehensive report on activities to increase economically and socially disadvantaged businesses (as defined by such part 124) in procurement and grant making.
Content— Each report required under paragraph (1) shall include a description of the efforts of the agency—
to list, describe, and evaluate all activities used to increase the capacity of minority-led small nongovernmental organizations and civil society organizations to win bids and obtain contracts and grants and serve as subcontractors; and
to review any impact the restrictions related to the foreign exemption in Federal contracting under part 19 of the Federal Acquisition Regulation have had on economically and socially disadvantaged businesses (as defined by such part 124).
QQ Urban Progress
Sec. 15501 Short title
This subtitle may be cited as the “Urban Progress Act of 2020”.
1 Sustainable Community Economic Development
A Rental Assistance Housing Preservation and Rehabilitation Act
Sec. 15511 Short title
This subpart may be cited as the “Rental Assistance Housing Preservation and Rehabilitation Act of 2020”.
Sec. 15512 Amendments to rental assistance demonstration
Amendments— The matter in the heading “Rental Assistance Demonstration” in title II of the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2012 (division C of Public Law 112–55; 125 Stat. 673) is amended—
by striking “(except for funds allocated under such section for single room occupancy dwellings as authorized by title IV of the McKinney-Vento Homeless Assistance Act)” each place such phrase appears;
in the third proviso by inserting “in excess of amounts made available under this heading” after “associated with such conversion”;
in the fourth proviso—
by striking “60,000” and inserting “150,000”; and
by striking “or section 8(e)(2)”; and
in the penultimate proviso by striking “and 2013” and inserting “through 2021”.
Applicability— The amendments made by subsection (a) shall apply only to any amounts that are made available for fiscal year 2022 or any fiscal year thereafter for carrying out the demonstration program established under the heading referred to in subsection (a).
B Hire For a Second Chance Act
Sec. 15521 Short title
This subpart may be cited as the “Hire For a Second Chance Act of 2020”.
Sec. 15522 Extension and modification of work opportunity tax credit
Credit made permanent— Section 51(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and redesignating paragraph (5) as paragraph (4).
Increase in wage limitation for ex-Felons—
Limitation on wages taken into account— Section 51(b)(3) of such Code is amended—
by striking “subsection (d)(3)(A)(iv), and” and inserting “subsection (d)(3)(A)(iv),”; and
by striking “subsection (d)(3)(A)(ii)(II))” and inserting “subsection (d)(3)(A)(ii)(II), and $14,000 in the case of any individual who is an ex-felon by reason of subsection (d)(4))”.
Inflation adjustment— Section 51(b) of such Code is amended by adding at the end the following:
“(4) Adjustment for inflation—In the case of any taxable year beginning after 2021, the $14,000 dollar amount contained in paragraph (3) relating to ex-felons shall be increased by an amount equal to the product of—
“(A) such dollar amount, and
“(B) the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting “calendar year 2020” for “calendar year 1992” in subparagraph (B) thereof.”
Qualified ex-Felon— Section 51(d)(4)(B) of such Code is amended by striking “1 year” and inserting “3 years”.
Effective date— The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2019.
C Community Investment and Empowerment Act
Sec. 15531 Short title
This subpart may be cited as the “Community Investment and Empowerment Act”.
Sec. 15532 Purpose
The purpose of this subpart is to assist with the economic growth of economically disadvantaged communities that have potential for strong Class 1 commercial investment, but continue to have a difficult time recruiting Class 1 commercial investment.
Sec. 15533 Economic growth, retention, and recruitment of commercial investment in underserved communities
The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by adding at the end the following new title:
“VI ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES
“511. Grant program
“(a) Authorization—From amounts appropriated under section 513, the Administrator shall make grants on a competitive basis to communities for—
“(1) the creation of a grant and/or revolving loan fund program that helps develop financing packages for Class 1 commercial investment;
“(2) lowering real estate property tax rates;
“(3) conducting community-wide market analysis to help recruit and/or retain Class 1 commercial investment;
“(4) creating employment training programs for Class 1 business customer service, sales, and managerial positions;
“(5) retail marketing strategies to solicit new Class 1 commercial investment starts in the community;
“(6) program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and
“(7) hiring business recruitment specialists.
“(b) Eligibility—The Administrator may only make a grant under subsection (a) to communities that—
“(1) demographics include—
“(A) a median per capita income no higher than $35,000; and
“(B) a lack of Class 1 commercial investment; and
“(2) submit an application at such time, in such form, and containing such information and assurances as the Administrator may require, including—
“(A) a description of how the community through the activities the community carries out with the grant funds will recruit, retain and grow their economy through Class 1 commercial investment; and
“(B) a description of the difficulty the community has faced recruiting, retaining and growing their economy through Class 1 commercial investment.
“(c) Matching funds
“(1) In general—The Administrator may not make a grant to a community under subsection (a) unless the community agrees that, with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded, the community will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant.
“(2) Satisfying matching requirements—The non-Federal contributions required under paragraph (1) may be—
“(A) in cash or in-kind, including services, fairly evaluated; and
“(B) from—
“(i) any private source;
“(ii) a State or local governmental entity; or
“(iii) a not-for-profit.
“(3) Waiver—The Administrator may waive or reduce the non-Federal contribution required by paragraph (1) if the community involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship.
“(d) Limitations—Funding appropriated under section 513 will be allocated by the following formula—
“(1) no more than up to 5 percent of funds appropriated under section 513 shall go to administrative costs;
“(2) up to 70 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(1) through (a)(4) after taking into account administrative costs under subsection (c)(1)(A); and
“(3) 30 percent of funding appropriated under section 513 shall go toward activities described in sections (a)(5) through (a)(7) after taking into account administrative costs under section (c)(1)(A).
“512. Definitions
“In this title, the following definitions apply:
“(1) Community—The term community means a governance structure that includes county, parish, city, village, township, district or borough.
“(2) Class 1 commercial investment—The term Class 1 commercial investment means retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops.
“(3) Economically underserved community—The term economically underserved community means an area suffering from low income and resultant low purchasing power, limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs.
“513. Authorization of appropriations
“There is authorized to be appropriated to the Administrator to carry out section 511(a) $40,000,000 for each of fiscal years 2021 through 2025.”
D Promote Start-Ups Act
Sec. 15541 Short title
This subpart may be cited as the “Promote Start-Ups Act of 2020”.
Sec. 15542 Permanent increase of limitation on deduction for start-up and organizational expenditures
Start-Up expenditures—
by striking “$5,000” and inserting “$15,000”; and
by striking “$50,000” and inserting “$150,000”.
Conforming amendment— Section 195(b) of such Code is amended by striking paragraph (3).
Organizational expenditures— Section 248(a)(1)(B) of such Code is amended—
by striking “$5,000” and inserting “$10,000”; and
by striking “$50,000” and inserting “$60,000”.
Effective date— The amendments made by this section shall apply to amounts paid or incurred with respect to—
in the case of the amendments made by subsection (a), trades or businesses beginning in taxable years beginning after December 31, 2019; and
in the case of the amendments made by subsection (b), corporations the business of which begins in taxable years beginning after such date.
E Community College to Career Fund Act
Sec. 15551 Short title
This subpart may be cited as the “Community College to Career Fund Act”.
Sec. 15552 Community College to Career Fund
In General— Title I of the Workforce Innovation and Opportunity Act is amended by adding at the end the following:
“F Community College to Career Fund
“199. Community college and industry partnerships program
“(a) Grants authorized—From funds appropriated under section 199A, the Secretary of Labor (in coordination with the Secretary of Education and the Secretary of Commerce) shall award competitive grants to eligible entities described in subsection (b) for the purpose of developing, offering, improving, and providing educational or career training programs for workers.
“(b) Eligible entity
“(1) Partnerships with employers or an employer or industry partnership
“(A) General definition—For purposes of this section, an “eligible entity” means any of the entities described in subparagraph (B) (or a consortium of any of such entities) in partnership with employers or an employer or industry partnership representing multiple employers.
“(B) Description of entities—The entities described in this subparagraph are—
“(i) a community college;
“(ii) a 4-year public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) that offers 2-year degrees, and that will use funds provided under this section for activities at the certificate and associate degree levels;
“(iii) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); or
“(iv) a private or nonprofit, 2-year institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) in the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.
“(2) Additional Partners
“(A) Authorization of additional partners—In addition to partnering with employers or an employer or industry partnership representing multiple employers as described in paragraph (1)(A), an entity described in paragraph (1) may include in the partnership described in paragraph (1) one or more of the organizations described in subparagraph (B). Each eligible entity that includes one or more such organizations shall collaborate with the State or local board in the area served by the eligible entity.
“(B) Organizations—The organizations described in this subparagraph are as follows:
“(i) A provider of adult education (as defined in section 203) or an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
“(ii) A community-based organization.
“(iii) A joint labor-management partnership.
“(iv) A State or local board.
“(v) Any other organization that the Secretaries consider appropriate.
“(c) Educational or career training program—For purposes of this section, the Governor of the State in which at least one of the entities described in subsection (b)(1)(B) of an eligible entity is located shall establish criteria for an educational or career training program leading to a recognized postsecondary credential for which an eligible entity submits a grant proposal under subsection (d).
“(d) Application—An eligible entity seeking a grant under this section shall submit an application containing a grant proposal, for an educational or career training program leading to a recognized postsecondary credential, to the Secretaries at such time and containing such information as the Secretaries determine is required, including a detailed description of—
“(1) the extent to which the educational or career training program described in the grant proposal fits within an overall strategic plan consisting of—
“(A) the State plan described in section 102 or 103, for the State involved;
“(B) the local plan described in section 108, for each local area that comprises a significant portion of the area to be served by the eligible entity; and
“(C) a strategic plan developed by the eligible entity;
“(2) the extent to which the program will meet the needs of employers in the area for skilled workers in in-demand industry sectors and occupations;
“(3) the extent to which the program will meet the educational or career training needs of workers in the area;
“(4) the specific educational or career training program and how the program meets the criteria established under subsection (e), including the manner in which the grant will be used to develop, offer, improve, and provide the educational or career training program;
“(5) any previous experience of the eligible entity in providing educational or career training programs, the absence of which shall not automatically disqualify an eligible institution from receiving a grant under this section; and
“(6) how the program leading to the credential meets the criteria described in subsection (c).
“(e) Criteria for award
“(1) In general—Grants under this section shall be awarded based on criteria established by the Secretaries, that include the following:
“(A) A determination of the merits of the grant proposal submitted by the eligible entity involved to develop, offer, improve, and provide an educational or career training program to be made available to workers.
“(B) An assessment of the likely employment opportunities available in the area to individuals who complete an educational or career training program that the eligible entity proposes to develop, offer, improve, and provide.
“(C) An assessment of prior demand for training programs by individuals eligible for training and served by the eligible entity, as well as availability and capacity of existing (as of the date of the assessment) training programs to meet future demand for training programs.
“(2) Priority—In awarding grants under this section, the Secretaries shall give priority to eligible entities that—
“(A) include a partnership, with employers or an employer or industry partnership, that—
“(i) pays a portion of the costs of educational or career training programs; or
“(ii) agrees to hire individuals who have attained a recognized postsecondary credential resulting from the educational or career training program of the eligible entity;
“(B) enter into a partnership with a labor organization or labor-management training program to provide, through the program, technical expertise for occupationally specific education necessary for a recognized postsecondary credential leading to a skilled occupation in an in-demand industry sector;
“(C) are focused on serving individuals with barriers to employment, low-income, nontraditional students, students who are dislocated workers, students who are veterans, or students who are long-term unemployed;
“(D) include any eligible entities serving areas with high unemployment rates;
“(E) are eligible entities that include an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.); and
“(F) include a partnership, with employers or an employer or industry partnership, that increases domestic production of goods.
“(f) Use of funds—Grant funds awarded under this section shall be used for one or more of the following:
“(1) The development, offering, improvement, and provision of educational or career training programs, that provide relevant job training for skilled occupations, that lead to recognized postsecondary credentials, that will meet the needs of employers in in-demand industry sectors, and that may include registered apprenticeship programs, on-the-job training programs, and programs that support employers in upgrading the skills of their workforce.
“(2) The development and implementation of policies and programs to expand opportunities for students to earn a recognized postsecondary credential, including a degree, in in-demand industry sectors and occupations, including by—
“(A) facilitating the transfer of academic credits between institutions of higher education, including the transfer of academic credits for courses in the same field of study;
“(B) expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of a general core curriculum; and
“(C) developing or enhancing student support services programs.
“(3) The creation of career pathway programs that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including a degree, including programs that—
“(A) blend basic skills and occupational training;
“(B) facilitate means of transitioning participants from noncredit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions;
“(C) build or enhance linkages, including the development of dual enrollment programs and early college high schools, between secondary education or adult education programs (including programs established under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and title II of this Act);
“(D) are innovative programs designed to increase the provision of training for students, including students who are members of the National Guard or Reserves, to enter skilled occupations in in-demand industry sectors; and
“(E) support paid internships that will allow students to simultaneously earn credit for work-based learning and gain relevant employment experience in an in-demand industry sector or occupation, which shall include opportunities that transition individuals into employment.
“(4) The development and implementation of—
“(A) a Pay-for-Performance program that leads to a recognized postsecondary credential, for which an eligible entity agrees to be reimbursed under the grant primarily on the basis of achievement of specified performance outcomes and criteria agreed to by the Secretary; or
“(B) a Pay-for-Success program that leads to a recognized postsecondary credential, for which an eligible entity—
“(i) enters into a partnership with an investor, such as a philanthropic organization that provides funding for a specific project to address a clear and measurable educational or career training need in the area to be served under the grant; and
“(ii) agrees to be reimbursed under the grant only if the project achieves specified performance outcomes and criteria agreed to by the Secretary.
“199A. Authorization of appropriations
“(a) In general—There are authorized to be appropriated such sums as may be necessary to carry out the program established by section 199.
“(b) Administrative Cost—Not more than 5 percent of the amounts made available under subsection (a) may be used by the Secretaries to administer the program described in that subsection, including providing technical assistance and carrying out evaluations for the program described in that subsection.
“(c) Period of availability—The funds appropriated pursuant to subsection (a) for a fiscal year shall be available for Federal obligation for that fiscal year and the succeeding 2 fiscal years.
“199B. Definition
“For purposes of this subtitle, the term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).”
Conforming amendment— The table of contents for the Workforce Innovation and Opportunity Act is amended by inserting after the items relating to subtitle E of title I the following:
Effective date— This Act, including the amendments made by this Act, takes effect as if included in the Workforce Innovation and Opportunity Act.
F Youth Summer Jobs and Public Service Act
Sec. 15561 Short title
This subpart may be cited as the “Youth Summer Jobs and Public Service Act of 2020”.
Sec. 15562 Grants to States for summer employment for youth
Section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164) is amended by adding at the end the following:
“(d) Grants to States for summer employment for youth
“(1) In general—Notwithstanding any other provision of this Act, from the amount appropriated under paragraph (2), the Secretary shall award grants to States to provide assistance to local areas that have high concentrations of eligible youth to enable such local areas to carry out programs described in subsection (c)(1) that provide summer employment opportunities for eligible youth, which are directly linked to academic and occupational learning, as described in subsection (c)(2)(C). In awarding grants under this subsection, a State shall—
“(A) partner with private businesses to the extent feasible to provide employment opportunities at such businesses; and
“(B) prioritize jobs and work opportunities that directly serve the community.
“(2) Authorization of appropriations—There is authorized to be appropriated $100,000,000 to carry out this subsection for each of fiscal years 2022 through 2026.”
G Child Poverty Reduction Act
Sec. 15571 Short title
This subpart may be cited as the “Child Poverty Reduction Act of 2020”.
1 Federal Interagency Working Group on Reducing Child Poverty
Sec. 15572 Establishment of Working Group
There is established in the Administration for Children and Families of the Department of Health and Human Services a group which shall be known as the Federal Interagency Working Group on Reducing Child Poverty (in this Act referred to as the “Working Group”).
Sec. 15573 National plan to reduce child poverty
Primary goal—
Development of national plan— The primary goal of the Working Group is to develop a national plan—
to reduce, within 10 years after the date on which funding is made available to carry out this Act—
the number of children living in poverty in the United States to half of the number of such children as reported in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014); and
the number of children living in extreme poverty in the United States to zero; and
to reduce, within 20 years after the date on which funds are made available to carry out this Act, the number of children living in poverty in the United States to zero.
Consultation with National Academy of Sciences— In developing the national plan under paragraph (1), the Working Group shall consider all recommendations, research papers, and reports published by the National Academy of Sciences as a result of the workshops conducted pursuant to title II.
Deadline— Not later than 180 days after the date of the enactment of this Act, the Working Group shall make substantial progress toward the development of the national plan.
Additional goals— The national plan under subsection (a) shall include recommendations for achieving the following goals:
Understanding the root causes of child poverty, including persistent intergenerational poverty, taking into account social, economic, and cultural factors.
Improving the accessibility of anti-poverty programs and increasing the rate of enrollment in such programs among eligible children and families by reducing the complexity and difficulty of enrolling in such programs.
Eliminating disparate rates of child poverty based on race, ethnicity, gender, and age.
Improving the ability of individuals living in poverty, low-income individuals, and unemployed individuals to access quality jobs that help children and their families rise above poverty.
Connecting low-income children, disconnected youth, and their families to education, job training, work, and their communities.
Shifting the measures and policies of Federal anti-poverty programs from the goal of helping individuals and families living in poverty to achieve freedom from deprivation toward the goal of helping such individuals and families rise above poverty and achieve long-term economic stability.
Methods— In developing the national plan under subsection (a), the Working Group shall employ methods for achieving the goals described in subsections (a) and (b) that include—
entering into an agreement with the National Academy of Sciences for a workshop series on the economic and social costs of child poverty, as described in title II;
studying the effect of child poverty on the health and welfare of children, including the access of children living in poverty to health care, housing, proper nutrition, and education;
measuring the effect of child poverty on the ability of individuals to achieve economic stability, including such effect on educational attainment, rates of incarceration, lifetime earnings, access to healthcare, and access to housing;
updating and applying improved measures of poverty that can meaningfully account for other aspects relating to the measure of poverty, such as the Supplemental Poverty Measure used by the United States Census Bureau; and
using and applying fact-based measures to evaluate the long-term effectiveness of anti-poverty programs, taking into account the long-term savings and value to the Federal Government and to State, local, and tribal governments of practices and policies designed to prevent poverty.
Sec. 15574 Other duties
In addition to developing the national plan under section 15512(a), the Working Group shall—
monitor, in consultation with the Domestic Policy Council and the National Economic Council, all Federal activities, programs, and services related to child welfare and child poverty;
establish guidelines, policies, goals, and directives related to the achievement of the goals of the national plan, in consultation with nongovernmental entities providing social services to low-income children and families, advocacy groups that directly represent low-income children and families, policy experts, and officials of State, local, and tribal governments who administer or direct policy for anti-poverty programs;
advise all relevant Federal agencies regarding how to effectively administer and coordinate programs, activities, and services related to child welfare and child poverty and how to resolve any disputes that arise between or among such agencies as a result of such administration or coordination;
provide recommendations to the Congress regarding how to ensure that Federal agencies administering programs, activities, and services related to child welfare and child poverty have adequate resources to increase public awareness of such programs, activities, and services and how to maximize enrollment of eligible individuals;
identify methods for improving communication and collaboration among and between State and Federal governmental entities regarding the implementation of State programs related to child welfare and child poverty, such as State programs funded under part A of title IV of the Social Security Act (relating to block grants to States for temporary assistance for needy families), and submit recommendations regarding such methods to relevant Federal agencies and congressional committees; and
hold hearings in different geographic regions of the United States to collect information and feedback from the public regarding personal experiences related to child poverty and anti-poverty programs, and make such information and feedback publicly available.
Sec. 15575 Membership
Number of members— The Working Group shall be composed of no less than 6 members.
Executive pay rate— Each member shall be an official of an executive department who occupies a position for which the rate of pay is equal to or greater than the rate of pay for level IV of the Executive Schedule under section 5313 of title 5, United States Code.
Required participation of certain executive departments— The Working Group shall include at least one member who is an official of each of the following executive departments:
The Department of Justice.
The Department of Agriculture.
The Department of Labor.
The Department of Health and Human Services.
The Department of Housing and Urban Development.
The Department of Education.
Appointment— Each member shall be appointed by the head of the executive department that employs such member.
Obtaining official data— On request of the Chairperson, any head of a Federal agency shall furnish directly to the Working Group any information necessary to enable the Working Group to carry out this Act.
Terms— Each member shall be appointed for the life of the Working Group.
Vacancies— A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
Quorum— A majority of members shall constitute a quorum.
Chairperson— The Chairperson of the Working Group shall be appointed by the Secretary of Health and Human Services.
Meetings—
Initial meeting period— The Working Group shall meet on a monthly basis during the 180-day period beginning with the date on which funds are made available to carry out this Act.
Subsequent meetings— After such 180-day period, the Working Group shall meet not less than once every 6 months and at the call of the Chairperson or a majority of members.
Sec. 15576 Director and staff
Director— The Working Group shall have a Director who shall be appointed by the Chairperson.
Staff— The Director may appoint and fix the pay of additional personnel as the Director considers appropriate.
Duties— The duties of the Director and staff shall be to achieve the goals and carry out the duties of the Working Group.
Sec. 15577 Reporting requirements
Annual report— Not later than September 30, 2021, and annually thereafter, the Chairperson shall submit to the Congress a report describing the activities, projects, and plans of the Federal Government to carry out the goals of the Working Group, which shall include—
an accounting of—
any increase in efficiency in the delivery of Federal, State, local, and tribal social services and benefits related to child welfare and child poverty;
any reduction in the number of children living in poverty;
any reduction in the demand for such social services and benefits for which children living in poverty and near poverty are eligible; and
any savings to the Federal Government as a result of such increases or reductions;
an accounting of any increase in the national rate of employment due to the efforts of the Working Group;
a summary of the efforts of each State to reduce child poverty within such State, including the administration of State programs funded under part A of title IV of the Social Security Act (relating to block grants to States for temporary assistance for needy families); and
legislative language and recommendations regarding reducing child poverty and achieving the other goals and duties of the Working Group.
Public reporting requirements—
Annual report available to public— A version of the annual report required by subsection (a) shall be made publicly available.
Annual update from Federal agencies— The head of each relevant Federal agency shall post on the public internet website of such agency an annual summary of any plans, activities, and results of the agency related to the goals and duties of the Working Group.
2 Workshops by National Academy of Sciences
Sec. 15578 Requirement to enter into agreement with National Academy of Sciences
In General— Not later than 90 days after the date on which funds are made available to carry out this Act, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences for 2 public workshops to provide the Working Group with information to assist in the development of the national plan under section 15512(a).
Steering committee— The agreement under subsection (a) shall include the creation of a steering committee to plan and conduct such workshops.
Experts— The agreement under subsection (a) shall include the commission of experts to prepare research papers that summarize and critique literature on the economic and social costs of child poverty.
Sec. 15579 Workshop topics
The purpose of the workshops required by section 15601(a) shall be to collect information and input from the public on the economic and social costs of child poverty, addressing topics that include—
the macroeconomic costs of child poverty, including the effects of child poverty on productivity and economic output;
the health-related costs of child poverty, including the costs incurred by the Federal Government and State, local, and tribal governments due to child illnesses, other child medical problems, and other child health-related expenditures;
the effect of child poverty on crime rates;
the short-term and long-term effects of child poverty on the Federal budget, including outlays for anti-poverty programs;
poverty metrics such as income poverty, food insecurity, and other measures of deprivation, and the role of such metrics in assessing the effects of poverty and the performance of anti-poverty programs;
the effect of child poverty on certain population groups, including immigrants, single parent families, individuals who have attained the age of 16 but have not attained the age of 25 with large student loans, individuals living in areas of concentrated poverty, and individuals living on Indian reservations; and
the effect of child poverty on individuals and families living in extreme poverty, as compared with such effect on individuals and families living in poverty or near poverty.
Sec. 15580 Reporting requirement
Research papers— The agreement under section 15601(a) shall include the publication of the research papers required under such section on the public website of the National Academy of Sciences.
Workshop summary— The agreement under section 15601(a) shall include the publication of a summary of each workshop required under such section on the public website of the National Academy of Sciences.
Sec. 15581 Authorization of appropriations
There is authorized to be appropriated $1,000,000 to carry out this subpart.
3 Definitions
Sec. 15582 Definitions
In this part:
Anti-poverty program— The term anti-poverty program means a program or institution with the primary goal of lifting children or families out of poverty and improving economic opportunities for children or families that operates in whole or in part using Federal, State, local, or tribal government funds.
Child— The term child means an individual who has not attained the age of 18.
Deprivation— The term deprivation means, with respect to an individual, that such individual lacks adequate nutrition, health care, housing, or other resources to provide for basic human needs.
Disconnected youth— The term disconnected youth means individuals who have attained the age of 16 but have not attained the age of 25 who are unemployed and not enrolled in school.
Economic stability— The term economic stability means, with respect to an individual or family, that such individual or family has access to the means and support necessary to effectively cope with adverse or costly life events and to effectively recover from the consequences of such events while maintaining a decent standard of living.
Extreme poverty— The term extreme poverty means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 50 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014).
Federal agency— The term Federal agency means an executive department, a Government corporation, and an independent establishment.
Near poverty— The term near poverty means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 200 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014).
Poverty— The term poverty means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014).
H Hunger-Free Summers for Children
Sec. 15591 Summer SNAP benefits for minor children who received free or reduced price school lunches
Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(a)) is amended by adding at the end the following:
Sec. 15592 Child tax credit increased for families under 150 percent of poverty line
In general— Section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:
“(h) Special rule for families under 150 percent of poverty line
“(1) In general—In the case of a taxpayer whose adjusted gross income for the taxable year is less than 150 percent of an amount equal to the poverty line (as defined by the Office of Management and Budget) for a family of the size involved, subsection (a) shall be applied by substituting “$2,000” for “$1,000”.
“(2) Poverty line used—For purposes of this subsection, the poverty line used with respect to a taxable year shall be the most recently published poverty line during the calendar year ending before such taxable year begins.”
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2019.
2 Community Policing
A Fair Chance for Youth
Sec. 15601 Short title
This subpart may be cited as the “Fair Chance for Youth Act of 2020”.
Sec. 15602 Expungement and sealing of youth criminal records
Chapter 229 of title 18, United States Code, is amended by adding at the end the following:
“D Expungement and Sealing of Youth Criminal Records
“3631. Youth Offense Expungement and Sealing Review Board
“(a) In general—The Chief Judge for each Federal District shall establish—
“(1) a Youth Offense Expungement and Sealing Review Board (hereinafter in this section referred to as the “Review Board”) to review petitions for discretionary expungement and sealing of youth offenses; and
“(2) the rules and procedures governing the operation of the Review Board in the exercise of its powers under subsection (c).
“(b) Composition—The Review Board shall include one representative, selected by the Chief Judge to serve without compensation, from each of the following:
“(1) The Department of Justice.
“(2) The United States Probation and Pretrial Services System.
“(3) The Office of the Federal Defender or a designated Criminal Justice Act panel attorney or private criminal defense attorney.
“(c) Powers—The Review Board shall—
“(1) review petitions under this subchapter to determine whether the youth, and the offense on which the petition is based, meet the eligibility requirements for expungement or sealing consideration;
“(2) for petitions meeting the eligibility requirements, evaluate those petitions on the merits in order to make a recommendation on the advisability of granting the petition; and
“(3) convey its recommendation, with a written explanation, to the Chief Judge in each Federal District, or a designee of the Chief Judge, for consideration.
“(d) Recommendation—In making its recommendation, the Review Board—
“(1) shall consider all the evidence and testimony presented in the petition and any hearings held on the petition;
“(2) may not consider any arrest or prosecution that did not result in a conviction and that took place prior to the conviction or arrest the petitioner is seeking to expunge or seal; and
“(3) shall balance—
“(A) the public safety, the interest of public knowledge, and any legitimate interest of the Government in maintaining the accessibility of the protected information; against
“(B) the interest of the petitioner in having the petition granted, including the benefit to the petition’s ability to positively contribute to the community, and the petitioner’s conduct and demonstrated desire to be rehabilitated.
“(e) Court To consider and decide upon petitions—The Court shall consider and decide upon each petition for which the court receives a recommendation from the Review Board. The Court’s decision to grant or deny the petition shall give significant weight to the Review Board recommendation. The Court shall grant the petition unless the Government shows the interests described in subsection (d)(3)(A) outweigh the interests of the petitioner described in subsection (d)(3)(B).
“(f) One opportunity—A youth may only file a petition for expungement or sealing under this subchapter once and the decision of the district court on the petition shall be final and is not appealable.
“(g) Online forms for petitions—The Director of the Administrative Office of the United States Courts shall create and make available to the public, online and in paper form, a universal form to file a petition under this section, and establish a process under which indigent petitioners may obtain a waiver of any fee for filing a petition under this section.
“(h) Making available standard forms for court orders—The Director of the Administrative Office of the United States Courts shall create and make available to the Chief Judge of every Federal district standard expungement and sealing orders that empower the petitioner to seek destruction of records in accordance with the order.
“3632. Expungement and sealing for youth
“(a) Expungement petition eligibility—A youth may petition a district court of the United States for expungement—
“(1) of the record of any misdemeanor or nonviolent felony drug conviction 3 years after the youth has completed every term of imprisonment related to that misdemeanor or nonviolent felony drug conviction;
“(2) of the record of any person who has not attained the age of 18 at the time of committing the conduct resulting in conviction for any misdemeanor or nonviolent offense 3 years after the person has completed every term of imprisonment related to that misdemeanor or nonviolent offense conviction; and
“(3) of the record of an arrest or prosecution for any nonviolent offense on the date on which the case related to that arrest or prosecution is disposed of.
“(b) Sealing petition eligibility—A youth may petition a district court of the United States, for sealing—
“(1) of the record of any nonviolent conviction 5 years after the youth has completed every term of imprisonment related to that nonviolent conviction;
“(2) of the record of any person who has not attained the age of 18 at the time of committing the conduct resulting in conviction for any offense 10 years after the person has completed every term of imprisonment related to that offense conviction; and
“(3) of the record of an arrest or prosecution for any nonviolent offense on the date on which the case related to that arrest or prosecution is disposed of.
“(c) Notice of opportunity To file petition—A youth shall be informed of the eligibility to, procedures for, and benefits of filing an expungement or sealing petition—
“(1) by the District Court on the date of conviction;
“(2) by the Office of Probation and Pretrial Services on the date the youth completes every term of imprisonment; or
“(3) if the arrest or prosecution does not result in a conviction, then by the Department of Justice on the date the case is disposed of.
“(d) Grant of petition—If a court grants a petition under this section—
“(1) the person to whom the record pertains may choose to, but is not required to, disclose the existence of the record, and the offense conduct and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense conduct, shall be treated as if it never occurred;
“(2) the court shall destroy each paper and electronic copy of the record in the possession of the court;
“(3) the court shall issue an expungement or sealing order requiring the destruction of any paper and electronic copies of the record by any court, law enforcement officer, law enforcement agency, treatment or rehabilitation services agency, or employee thereof in possession of those copies;
“(4) any entity or person listed in paragraph (3) that receives an inquiry relating to the record shall reply to the inquiry stating that no such record exists; and
“(5) except as provided in subsection (f), no person shall not be subject to prosecution under any civil or criminal provision of Federal or State law relating to perjury, false swearing, or making a false statement for failing to acknowledge the record or respond to any inquiry made of the of petitioner or the parent relating to the record, for any purpose.
“(e) Civil actions
“(1) In general—If an individual who has a record expunged or sealed under this section brings an action that might be defended with the contents of the record, there shall be a rebuttable presumption that the defendant has a complete defense to the action.
“(2) Showing by plaintiff—In an action described in paragraph (1), the plaintiff may rebut the presumption of a complete defense by showing that the contents of the record would not prevent the defendant from being liable.
“(3) Duty to testify as to existence of record—The court in which an action described in paragraph (1) is filed may require the plaintiff to state under oath whether the plaintiff had a record and whether the record was expunged or sealed.
“(4) Proof of existence of record—If the plaintiff in an action described in paragraph (1) denied the existence of a record, the defendant may prove the existence of the record in any manner compatible with the applicable laws of evidence.
“(f) Attorney General nonpublic records—The Attorney General shall—
“(1) maintain a nonpublic database of all records expunged or sealed under this subchapter;
“(2) disclose, access, or utilize records contained in the nonpublic database only—
“(A) in defense of any civil suit arising out of the facts contained in the record;
“(B) to determine whether the individual to whom the record relates is eligible for a first-time-offender diversion program;
“(C) for a background check that relates to law enforcement employment or any employment that requires a Government security clearance; or
“(D) if the Attorney General determines that disclosure is necessary to serve the interests of national security; and
“(3) to the extent practicable, notify the individual to whom the record pertains of the disclosure unless it is made pursuant to paragraph (2)(D).
“3633. Definitions
“In this subchapter—
“(1) the term youth means an individual who was 21 years of age or younger at the time of the criminal offense for which the individual was arrested, prosecuted, or sentenced;
“(2) the term nonviolent felony means a Federal criminal felony offense that is not—
“(A) a crime of violence; or
“(B) a sex offense (as that term is defined in section 111 of the Sex Offender Registration and Notification Act);
“(3) the term record means information, whether in paper or electronic form, containing any reference to—
“(A) an arrest, conviction, or sentence of an individual for an offense;
“(B) the institution of juvenile delinquency or criminal proceedings against an individual for the offense; or
“(C) adjudication, conviction, or any other result of juvenile delinquency or criminal proceedings;
“(4) the term expunge—
“(A) means to destroy a record and obliterate the name of the person to whom the record pertains from each official index or public record; and
“(B) has the effect described in section 3631(g), including—
“(i) the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense, as if it never occurred; and
“(ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record;
“(5) the term seal—
“(A) means—
“(i) to close a record from public viewing so that the record cannot be examined except by court order; and
“(ii) to physically seal the record shut and label the record “SEALED” or, in the case of an electronic record, the substantive equivalent; and
“(B) has the effect described in section 3631(g), including—
“(i) the right to treat an offense to which an expunged record relates, and any arrest, juvenile delinquency proceeding, adjudication, conviction, or other result of such proceeding relating to the offense, as if it never occurred; and
“(ii) protection from civil and criminal perjury, false swearing, and false statement laws with respect to an expunged record;
“(6) the term conviction—
“(A) means a judgment or disposition in criminal court against a person following a finding of guilt by a judge or jury; and
“(B) for the purposes of this section—
“(i) multiple convictions shall be deemed to be one conviction if the convictions result from or relate to the same act or acts committed at the same time; and
“(ii) multiple convictions, not to exceed 3, that do not result from or relate to the same act or acts committed at the same time shall be deemed to be one conviction if the convictions result from or relate to the same indictment, information, or complaint, or plea of guilty; and
“(7) the term destroy means to render a file unreadable, whether paper, electronic, or otherwise stored, by shredding, pulverizing, pulping, incinerating, overwriting, reformatting the media, or other means.
“3634. Reporting
“Not later than 2 years after the date of enactment of this subchapter, and each year thereafter, the Attorney General shall issue a public report that—
“(1) describes—
“(A) the number of expungement and sealing petitions granted and denied; and
“(B) the number of instances in which the office of a United States attorney supported or opposed an expungement or sealing petition; and
“(2) includes any supporting data that the court determines relevant but does not name any petitioner.”
Sec. 15603 Retroactive effect
This subpart and the amendments made by this subpart apply with respect to youth without regard to whether they become involved in the Federal criminal justice system before, on, or after the date of the enactment of this Act.
B Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education
Sec. 15611 Short title
This subpart may be cited as the “Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act” or the “Youth PROMISE Act”.
Sec. 15612 Definitions
In this subpart:
Administrator— The term Administrator means the Administrator of the Office of Juvenile Justice and Delinquency Prevention.
Community— The term community means a unit of local government or an Indian tribe, or part of such a unit or tribe, as determined by such a unit or tribe for the purpose of applying for a grant under this Act.
Designated geographic area— The term designated geographic area means a 5-digit postal ZIP Code assigned to a geographic area by the United States Postal Service.
Evidence-based—
In general— The term evidence-based, when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) for which the Administrator has determined—
causal evidence documents a relationship between the practice and its intended outcome, based on measures of the direction and size of a change, and the extent to which a change may be attributed to the practice; and
the use of scientific methods rules out, to the extent possible, alternative explanations for the documented change.
Scientific methods— For the purposes of subparagraph (A), the term scientific methods means—
evaluation by an experimental trial, in which participants are randomly assigned to participate in the practice that is subject to such trial; or
evaluation by a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants.
Intervention— The term intervention means the provision of programs and services that are supported by research, are evidence-based or promising practices, and are provided to youth who are involved in, or who are identified by evidence-based risk assessment methods as being at high risk of continued involvement in, juvenile delinquency or criminal street gangs, as a result of indications that demonstrate involvement with problems such as truancy, substance abuse, mental health treatment needs, or siblings who have had involvement with juvenile or criminal justice systems.
Juvenile delinquency and criminal street gang activity prevention— The term juvenile delinquency and criminal street gang activity prevention means the provision of programs and resources to children and families who have not yet had substantial contact with criminal justice or juvenile justice systems, that—
are designed to reduce potential juvenile delinquency and criminal street gang activity risks; and
are evidence-based or promising educational, health, mental health, school-based, community-based, faith-based, parenting, job training, social opportunities and experiences, or other programs, for youth and their families, that have been demonstrated to be effective in reducing juvenile delinquency and criminal street gang activity risks.
Promising— The term promising, when used with respect to a practice relating to juvenile delinquency and criminal street gang activity prevention and intervention, means a practice (including a service, program, activity, intervention, technology, or strategy) that, based on statistical analyses or a theory of change, the Administrator has determined—
has outcomes from an evaluation that demonstrate such practice reduces juvenile delinquency and criminal street gang activity; and
is part of a study being conducted to determine if such a practice is evidence-based.
State— The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, and any other territories or possessions of the United States.
Theory of change— The term theory of change means a program planning strategy approved by the Administrator that outlines the types of interventions and outcomes essential to achieving a set of program goals.
Youth— The term youth means—
an individual who is 18 years of age or younger; or
in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger.
Sec. 15613 Findings
The Congress finds as follows:
Youth gang crime has taken a toll on a number of communities, and senseless acts of gang-related violence have imposed economic, social, and human costs.
Drug- and alcohol-dependent youth, and youth dually diagnosed with addiction and mental health disorders, are more likely to become involved with the juvenile justice system than youth without such risk factors, absent appropriate prevention and intervention services.
Children of color are over-represented relative to the general population at every stage of the juvenile justice system. Black youth are 17 percent of the United States population, but represent 38 percent of youth in secure placement juvenile facilities, and 58 percent of youth incarcerated in adult prisons.
Research funded by the Department of Justice indicates that gang membership is short-lived among adolescents. With very few youth remaining gang-involved throughout their adolescent years, ongoing opportunities for intervention exist.
Criminal justice costs have become burdensome in many States and cities, requiring reductions in vital educational, social, welfare, mental health, and related services.
Direct expenditures for each of the major criminal justice functions, police, corrections, and judicial services, have increased steadily over the last 30 years. In fiscal year 2012, Federal, State, and local governments spent an estimated $265,000,000,000 for police protection, corrections, and judicial and legal services, nearly a 213-percent increase since 1982.
Estimates suggest that each year the United States incurs over $8,000,000,000 in long-term costs for the confinement of young people. The average annual cost to incarcerate one youth is $146,302.
Coordinated efforts of stakeholders in the juvenile justice system in a local community, together with other organizations and community members concerned with the safety and welfare of children, have a strong record of demonstrated success in reducing the impact of youth and gang-related crime and violence, as demonstrated in Boston, Massachusetts; Chicago, Illinois; Richmond, Virginia; Los Angeles, California; and other communities.
Investment in prevention and intervention programs for children and youth, including quality early childhood programs, comprehensive evidence-based school, after school, and summer school programs, mentoring programs, mental health and treatment programs, evidence-based job training programs, and alternative intervention programs, has been shown to lead to decreased youth arrests, decreased delinquency, lower recidivism, and greater financial savings from an educational, economic, social, and criminal justice perspective.
Quality early childhood education programs have been demonstrated to help children start school ready to learn and to reduce delinquency and criminal street gang activity risks.
Evidence-based mentoring programs have been shown to prevent youth drug abuse and violence.
Evidence-based school-based comprehensive instructional programs that pair youth with responsible adult mentors have been shown to have a strong impact upon delinquency prevention.
After-school programs that connect children to caring adults and that provide constructive activities during the peak hours of juvenile delinquency and criminal street gang activity, between 3 p.m. and 6 p.m., have been shown to reduce delinquency and the attendant costs imposed on the juvenile and criminal justice systems.
States with higher levels of educational attainment have been shown to have crime rates lower than the national average. Researchers have found that a 5-percent increase in male high school graduation rates would produce an annual estimated savings of $18,500,000,000 in crime-related expenses.
Therapeutic programs that engage and motivate high-risk youth and their families to change behaviors that often result in criminal activity have been shown to significantly reduce recidivism among juvenile offenders, and significantly reduce the attendant costs of crime and delinquency imposed upon the juvenile and criminal justice systems.
Comprehensive programs that target kids who are already serious juvenile offenders by addressing the multiple factors in peer, school, neighborhood, and family environments known to be related to delinquency can reduce recidivism among juvenile offenders and save the public significant economic costs.
There are many alternatives to incarceration of youth that have been proven to be more effective in reducing crime and violence at the National, State, local, and tribal levels, and the failure to provide for such effective alternatives is a pervasive problem that leads to increased youth, and later adult, crime and violence.
Savings achieved through early intervention and prevention are significant, especially when noncriminal justice social, educational, mental health, and economic outcomes are considered.
The prevention of child abuse and neglect can help stop a cycle of violence and save up to $5.00 for every $1.00 invested in preventing such abuse and neglect.
Targeting interventions at special youth risk groups and focusing upon relatively low-cost interventions increases the probability of fiscal benefit.
Evidence-based intervention treatment facilities have been shown to reduce youth delinquency and to be cost-effective.
States, including Wisconsin, Ohio, New York, Texas, and Pennsylvania, have seen a reduction in juvenile incarceration due to a reallocation of criminal justice funds towards prevention programs.
1 Federal coordination of local and tribal juvenile justice information and efforts
Sec. 15614 PROMISE Advisory Panel
Organization of State Advisory Group Member Representatives— Section 223(f) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)) is amended—
in paragraph (1), by striking “an eligible organization composed of member representatives of the State advisory groups appointed under subsection (a)(3)” and inserting “a nonpartisan, nonprofit organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986,”; and
by amending paragraph (2) to read as follows:
“(2) Assistance—To be eligible to receive such assistance, such organization shall—
“(A) be governed by individuals who—
“(i) have been appointed by a chief executive of a State to serve as a State advisory group member under subsection (a)(3); and
“(ii) are elected to serve as a governing officer of such organization by a majority of the Chairs (or Chair-designees) of all such State advisory groups;
“(B) include member representatives from a majority of such State advisory groups, who shall be representative of regionally and demographically diverse States and jurisdictions;
“(C) annually seek appointments by the chief executive of each State of one State advisory group member and one alternate State advisory group member from each such State to implement the advisory functions specified in clauses (iv) and (v) of subparagraph (D), including serving on the PROMISE Advisory Panel, and make a record of any such appointments available to the public; and
“(D) agree to carry out activities that include—
“(i) conducting an annual conference of such member representatives for purposes relating to the activities of such State advisory groups;
“(ii) disseminating information, data, standards, advanced techniques, and program models;
“(iii) reviewing Federal policies regarding juvenile justice and delinquency prevention;
“(iv) advising the Administrator with respect to particular functions or aspects of the work of the Office, and appointing a representative, diverse group of members of such organization under subparagraph (C) to serve as an advisory panel of State juvenile justice advisors (referred to as the PROMISE Advisory Panel) to carry out the functions specified in subsection (g); and
“(v) advising the President and Congress with regard to State perspectives on the operation of the Office and Federal legislation pertaining to juvenile justice and delinquency prevention.”
PROMISE Advisory Panel— Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is further amended by adding at the end the following new subsection:
“(g) PROMISE Advisory Panel
“(1) Functions—The PROMISE Advisory Panel required under subsection (f)(2)(D) shall—
“(A) assess successful evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention carried out by PROMISE Coordinating Councils under such Act;
“(B) provide the Administrator with a list of individuals and organizations with experience in administering or evaluating practices that serve youth involved in, or at risk of involvement in, juvenile delinquency and criminal street gang activity, from which the Administrator shall select individuals who shall—
“(i) provide to the Administrator peer reviews of applications submitted by units of local government and Indian tribes pursuant to title II of such Act, to ensure that such applications demonstrate a clear plan to—
“(I) serve youth as part of an entire family unit; and
“(II) coordinate the delivery of service to youth among agencies; and
“(ii) advise the Administrator with respect to the award and allocation of PROMISE Planning grants to local and tribal governments that develop PROMISE Coordinating Councils, and of PROMISE Implementation grants to such PROMISE Coordinating Councils, pursuant to title II of such Act; and
“(C) develop performance standards to be used to evaluate programs and activities carried out with grants under title II of the Youth PROMISE Act, including the evaluation of changes achieved as a result of such programs and activities related to decreases in juvenile delinquency and criminal street gang activity, including—
“(i) prevention of involvement by at-risk youth in juvenile delinquency or criminal street gang activity;
“(ii) diversion of youth with a high risk of continuing involvement in juvenile delinquency or criminal street gang activity; and
“(iii) financial savings from deferred or eliminated costs, or other benefits, as a result of such programs and activities, and the reinvestment by the unit or tribe of any such savings.
“(2) Annual report—Not later than 18 months after the date of the enactment of the Youth PROMISE Act, and annually thereafter, the PROMISE Advisory Panel shall prepare a report containing the findings and determinations under paragraph (1)(A) and shall submit such report to Congress, the President, the Attorney General, and the chief executive and chief law enforcement officer of each State, unit of local government, and Indian tribe.”
Authorization of appropriations— Section 299(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)(1)) is amended by striking “2003, 2004, 2005, 2006, and 2007” and inserting “2021 through 2024”.
Sec. 15615 Geographic assessment of resource allocation
Grant for collection of data To determine need— Subject to the availability of appropriations, the Administrator shall award a grant, on a competitive basis, to an organization to—
collect and analyze data related to the existing juvenile delinquency and criminal street gang activity prevention and intervention needs and resources in each designated geographic area;
use the data collected and analyzed under paragraph (1) to compile a list of designated geographic areas that have the most need of resources, based on such data, to carry out juvenile delinquency and criminal street gang activity prevention and intervention;
use the data collected and analyzed under paragraph (1) to rank the areas listed under paragraph (2) in descending order by the amount of need for resources to carry out juvenile delinquency and criminal street gang activity prevention and intervention, ranking the area with the greatest need for such resources highest; and
periodically update the list and rankings under paragraph (3) as the Administrator determines to be appropriate.
Data sources— In compiling such list and determining such rankings, the organization shall collect and analyze data relating to juvenile delinquency and criminal street gang activity prevention and intervention—
using the geographic information system and web-based mapping application known as the Socioeconomic Mapping and Resource Topography (SMART) system;
from the Department of Health and Human Services, the Department of Labor, the Department of Housing and Urban Development, and the Department of Education; and
from the annual KIDS Count Data Book and other data made available by the KIDS Count initiative of the Annie E. Casey Foundation.
Use of data by the administrator— The list and rankings required by this section shall be provided to the Administrator to be used to provide funds under this Act in the most strategic and effective manner to ensure that resources and services are provided to youth in the communities with the greatest need for such resources and services.
Limitation on use of collected data— The information collected and analyzed under this section may not be used for any purpose other than to carry out the purposes of this Act. Such information may not be used for any purpose related to the investigation or prosecution of any person, or for profiling of individuals based on race, ethnicity, socio-economic status, or any other characteristic.
Authorization of appropriations— There are authorized to be appropriated to carry out this chapter—
$100,000,000 for each of fiscal years 2022 through 2026;
for fiscal year 2022, not more than 5 percent of such amount, or $1,000,000, whichever is less, shall be made available to carry out this section; and
for fiscal years 2022 through 2025, not more than 2 percent of such amount, or $400,000, whichever is less, shall be made available to carry out this section.
2 Promise Grants
Sec. 15616 Purposes
The purposes of the grant programs established under this chapter are to—
enable local and tribal communities to assess the unmet needs of youth who are involved in, or are at risk of involvement in, juvenile delinquency or criminal street gangs;
develop plans appropriate for a community to address those unmet needs with juvenile delinquency and gang prevention and intervention practices; and
implement and evaluate such plans in a manner consistent with this Act.
A PROMISE Assessment and Planning Grants
Sec. 15617 PROMISE Assessment and Planning grants authorized
Grants authorized— The Administrator is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with planning and assessing evidence-based and promising practices relating to juvenile delinquency and criminal street gang activity prevention and intervention, especially for youth who are involved in, or who are at risk of involvement in, juvenile delinquency and criminal street gang activity. Such PROMISE Coordinating Councils shall—
conduct an objective needs and strengths assessment in accordance with section 15603; and
develop a PROMISE Plan in accordance with section 204, based on the assessment conducted in accordance with section 15603.
Grant duration, amount, and allocation—
Duration— A grant awarded under this section shall be for a period not to exceed one year.
Maximum grant amount— A grant awarded under this section shall not exceed $300,000.
Allocation—
Minimum allocation— Subject to the availability of appropriations, the Administrator shall ensure that the total funds allocated under this section to units of local governments and Indian tribes in a State shall not be less than $1,000,000.
Ratable reduction— If the amount made available for grants under this section for any fiscal year is less than the amount required to provide the minimum allocation of funds under paragraph (1) to units of local government and Indian tribes in each State, then the amount of such minimum allocation shall be ratably reduced.
Sec. 15618 PROMISE Coordinating Councils
To be eligible to receive a grant under this subpart, a unit of local government or an Indian tribe shall establish a PROMISE Coordinating Council for each community of such unit or tribe, respectively, for which such unit or tribe is applying for a grant under this subpart. Each such community shall include one or more designated geographic areas identified on the list required under section 15512(a)(2). The members of such a PROMISE Coordinating Council shall be representatives of public and private sector entities and individuals that—
shall include, to the extent possible, at least one representative from each of the following:
the local chief executive’s office;
a local educational agency;
a local health agency or provider;
a local mental health agency or provider, unless the representative under subparagraph (C) also meets the requirements of this subparagraph;
a local public housing agency;
a local law enforcement agency;
a local child welfare agency;
a local juvenile court;
a local juvenile prosecutor’s office;
a private juvenile residential care entity;
a local juvenile public defender’s office;
a State juvenile correctional entity;
a local business community representative; and
a local faith-based community representative;
shall include two representatives from each of the following:
parents who have minor children, and who have an interest in the local juvenile or criminal justice systems;
youth between the ages of 15 and 24 who reside in the jurisdiction of the unit or tribe; and
members from nonprofit community-based organizations that provide effective delinquency prevention and intervention to youth in the jurisdiction of the unit or tribe; and
may include other members, as the unit or tribe determines to be appropriate.
Sec. 15619 Needs and strengths assessment
Assessment— Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subpart shall conduct an objective strengths and needs assessment of the resources of the community for which such PROMISE Coordinating Council was established, to identify the unmet needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention. The PROMISE Coordinating Council shall consult with a research partner receiving a grant under section 15702 for assistance with such assessment. Such assessment shall include, with respect to the community for which such PROMISE Coordinating Council was established—
the number of youth who are at-risk of involvement in juvenile delinquency or street gang activity;
the number of youth who are involved in juvenile delinquency or criminal street gang activity, including the number of such youth who are at high risk of continued involvement;
youth unemployment rates during the summer;
the number of individuals on public financial assistance (including a breakdown of the numbers of men, women, and children on such assistance);
the estimated number of youth who are chronically truant;
the number of youth who have dropped out of school in the previous year;
for the year before such assessment, the estimated total amount expended (by the community and other entities) for the incarceration of offenders who were convicted or adjudicated delinquent for an offense that was committed in such community, including amounts expended for the incarceration of offenders in prisons, jails, and juvenile facilities that are located in the United States but are not located in such community;
a comparison of the amount under paragraph (7) with an estimation of the amount that would be expended for the incarceration of offenders described in such paragraph if the number of offenders described in such paragraph was equal to the national average incarceration rate per 100,000 population;
a description of evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention available for youth in the community, including school-based programs, after school programs (particularly programs that have activities available for youth between 3 p.m. and 6 p.m. in the afternoon), weekend activities and programs, youth mentoring programs, faith and community-based programs, summer activities, and summer jobs, if any; and
a description of evidence-based and promising intervention practices available for youth in the community.
Limitation on use of assessment information— Information gathered pursuant to this section may be used for the sole purpose of developing a PROMISE Plan in accordance with this subpart.
Sec. 15620 PROMISE Plan components
In general— Each PROMISE Coordinating Council receiving funds from a unit of local government or Indian tribe under this subpart shall develop a PROMISE Plan to provide for the coordination of, and, as appropriate, to support the delivery of, evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to youth and families who reside in the community for which such PROMISE Coordinating Council was established. Such a PROMISE Plan shall—
include the strategy by which the PROMISE Coordinating Council plans to prioritize and allocate resources and services toward the unmet needs of youth in the community, consistent with the needs and available resources of communities with the greatest need for assistance, as determined pursuant to section 15615;
include a combination of evidence-based and promising prevention and intervention practices that are responsive to the needs of the community; and
ensure that cultural and linguistic needs of the community are met.
Mandatory components— Each PROMISE Plan shall—
include a plan to connect youth identified in paragraphs (1) and (2) of section 15619(a) to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;
identify the amount or percentage of local funds that are available to the PROMISE Coordinating Council to carry out the PROMISE Plan;
provide strategies to improve indigent defense delivery systems, with particular attention given to groups of children who are disproportionately represented in the State delinquency system and Federal criminal justice system, as compared to the representation of such groups in the general population of the State;
provide for training (which complies with the American Bar Association Juvenile Justice Standards for the representation and care of youth in the juvenile justice system) of prosecutors, defenders, probation officers, judges and other court personnel related to issues concerning the developmental needs, challenges, and potential of youth in the juvenile justice system (including training related to adolescent development and mental health issues, and the expected impact of evidence-based practices and cost reduction strategies);
ensure that the number of youth involved in the juvenile delinquency and criminal justice systems does not increase as a result of the activities undertaken with the funds provided under this subpart;
describe the coordinated strategy that will be used by the PROMISE Coordinating Council to provide at-risk youth with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;
propose the performance evaluation process to be used to carry out section 15622(d), which shall include performance measures to assess efforts to address the unmet needs of youth in the community with evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention; and
identify the research partner the PROMISE Coordinating Council will use to obtain information on evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention, and for the evaluation under section 15622(d) of the results of the activities carried out with funds under this subpart.
Voluntary components— In addition to the components under subsection (b), a PROMISE Plan may include evidence-based or promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the following categories:
Early childhood development services (such as prenatal and neonatal health services), early childhood prevention, voluntary home visiting programs, nurse-family partnership programs, parenting and healthy relationship skills training, child abuse prevention programs, Early Head Start, and Head Start.
Child protection and safety services (such as foster care and adoption assistance programs), family stabilization programs, child welfare services, and family violence intervention programs.
Youth and adolescent development services, including job training and apprenticeship programs, job placement and retention training, education and after school programs (such as school programs with shared governance by students, teachers, and parents, and activities for youth between the hours of 3 p.m. and 6 p.m. in the afternoon), mentoring programs, conflict resolution skills training, sports, arts, life skills, employment and recreation programs, summer jobs, and summer recreation programs, and alternative school resources for youth who have dropped out of school or demonstrate chronic truancy.
Health and mental health services, including cognitive behavioral therapy, play therapy, and peer mentoring and counseling.
Substance abuse counseling and treatment services, including harm-reduction strategies.
Emergency, transitional, and permanent housing assistance (such as safe shelter and housing for runaway and homeless youth).
Targeted gang prevention, intervention, and exit services such as tattoo removal, successful models of anti-gang crime outreach programs (such as street worker programs), and other criminal street gang truce or peacemaking activities.
Training and education programs for pregnant teens and teen parents.
Restorative justice programs.
Alternatives to detention and confinement programs (such as mandated participation in community service, restitution, counseling, and intensive individual and family therapeutic approaches).
Prerelease, postrelease, and reentry services to assist detained and incarcerated youth with transitioning back into and reentering the community.
Sec. 15621 Authorization of appropriations
For fiscal years 2021 through 2025, of the amount made available under section 15624 to carry out this Act for any fiscal year, not more than 15 percent shall be made available to carry out this subpart.
B PROMISE Implementation Grants
Sec. 15622 PROMISE Implementation grants authorized
PROMISE Implementation grants authorized— The Administrator of the Office of Juvenile Justice and Delinquency Prevention is authorized to award grants to units of local government and Indian tribes to assist PROMISE Coordinating Councils with implementing PROMISE Plans developed pursuant to subchapter A.
Grant duration and amount—
Duration— A grant awarded under this subpart shall be for a 3-year period.
Maximum grant amount— A grant awarded under this subpart shall not be for more than $10,000,000 per year for each year of the grant period.
Non-Federal funds required— For each fiscal year during the 3-year grant period for a grant under this subpart, each unit of local government or Indian tribe receiving such a grant for a PROMISE Coordinating Council shall provide, from non-Federal funds, in cash or in kind, 25 percent of the costs of the activities carried out with such grant.
Evaluation— Of any funds provided to a unit of local government or an Indian tribe for a grant under this subpart, not more than $100,000 shall be used to provide a contract to a competitively selected organization to assess the progress of the unit or tribe in addressing the unmet needs of youth in the community, in accordance with the performance measures under section 15620(b)(7).
Sec. 15623 PROMISE Implementation grant application requirements
Application required— To be eligible to receive a PROMISE Implementation grant under this subpart, a unit of local government or Indian tribe that received a PROMISE Assessment and Planning grant under subchapter A shall submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention not later than 1 year after the date such unit of local government or Indian tribe was awarded such grant under subchapter A, in such manner, and accompanied by such information, as the Administrator, after consultation with the organization under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), may require.
Contents of application— Each application submitted under subsection (a) shall—
identify potential savings from criminal justice costs, public assistance costs, and other costs avoided by utilizing evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention;
document—
investment in evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to be provided by the unit of local government or Indian tribe;
the activities to be undertaken with the grants funds;
any expected efficiencies in the juvenile justice or other local systems to be attained as a result of implementation of the programs funded by the grant; and
outcomes from such activities, in terms of the expected numbers related to reduced criminal activity;
describe how savings sustained from investment in prevention and intervention practices will be reinvested in the continuing implementation of the PROMISE Plan; and
provide an assurance that the local fiscal contribution with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention in the community for which the PROMISE Coordinating Council was established for each year of the grant period will not be less than the local fiscal contribution with respect to such practices in the community for the year preceding the first year of the grant period.
Sec. 15624 Grant award guidelines
Selection and distribution— Grants awarded under this subpart shall be awarded on a competitive basis. The Administrator shall—
take such steps as may be necessary to ensure that grants are awarded to units of local governments and Indian tribes in areas with the highest concentrations of youth who are—
at risk of involvement in juvenile delinquency or criminal street gang activity; and
involved in juvenile delinquency or street gang activity and who are at high-risk of continued involvement; and
give consideration to the need for grants to be awarded to units of local governments and Indian tribes in each region of the United States, and among urban, suburban, and rural areas.
Extension of grant award— The Administrator may extend the grant period under section 15622(b)(1) for a PROMISE Implementation grant to a unit of local government or an Indian tribe, in accordance with regulations issued by the Administrator.
Renewal of grant award— Subject to the availability of appropriations, the Administrator may renew a PROMISE Implementation grant to a unit of local government or an Indian tribe to provide such unit or tribe with additional funds to continue implementation of a PROMISE Plan. Such a renewal—
shall be initiated by an application for renewal from a unit of local government or an Indian tribe;
shall be carried out in accordance with regulations issued by the Administrator; and
shall not be granted unless the Administrator determines such a renewal to be appropriate based on the results of the evaluation conducted under section 15623(a) with respect to the community of such unit or tribe for which a PROMISE Coordinating Council was established, and for which such unit or tribe is applying for renewal.
Sec. 15625 Reports
Not later than 1 year after the end of the grant period for which a unit of local government or an Indian tribe receives a PROMISE Implementation grant, and annually thereafter for as long as such unit or tribe continues to receive Federal funding for a PROMISE Coordinating Council, such unit or tribe shall report to the Administrator regarding the use of Federal funds to implement the PROMISE Plan developed under subchapter A.
Sec. 15626 Authorization of appropriations
For fiscal years 2022 through 2025, of the amount made available under section 15624 to carry out this Act for any fiscal year, not more than 75 percent shall be made available to carry out this subpart.
C General PROMISE Grant Provisions
Sec. 15627 Nonsupplanting clause
A unit of local government or Indian tribe receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the needs of youth in the community with respect to evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention.
Sec. 15628 Grant application review panel
The Administrator of the Office of Juvenile Justice and Delinquency Prevention, in conjunction with the PROMISE Advisory Panel, shall establish and utilize a transparent, reliable, and valid system for evaluating applications for PROMISE Assessment and Planning grants and for PROMISE Implementation grants, and shall determine which applicants meet the criteria for funding, based primarily on a determination of greatest need (in accordance with section 15615), with due consideration to other enumerated factors and the indicated ability of the applicant to successfully implement the program described in the application.
Sec. 15629 Evaluation of PROMISE grant programs
Evaluation required— Subject to the availability of appropriations under this title, the Administrator shall, in consultation with the organization provided assistance under section 223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(f)(1)), provide for an evaluation of the programs and activities carried out with grants under this title. In carrying out this section, the Administrator shall—
award grants to institutions of higher education (including institutions that are eligible to receive funds under part F of title III of the Higher Education Act of 1965 (20 U.S.C. 1067q et seq.)), to facilitate the evaluation process and measurement of achieved outcomes;
identify evidence-based and promising practices used by PROMISE Coordinating Councils under PROMISE Implementation grants that have proven to be effective in preventing involvement in, or diverting further involvement in, juvenile delinquency or criminal street gang activity; and
ensure—
that such evaluation is based on the performance standards that are developed by the PROMISE Advisory Panel in accordance with section 223(g) of the Juvenile Justice and Delinquency Prevention Act of 1974 (as added by section 15614(b) of this Act);
the development of longitudinal and clinical trial evaluation and performance measurements with regard to the evidence-based and promising practices funded under this chapter; and
the dissemination of the practices identified in paragraph (2) to the National Research Center for Proven Juvenile Justice Practices (established under section 15631), units of local government, and Indian tribes to promote the use of such practices by such units and tribes to prevent involvement in, or to divert further involvement in, juvenile delinquency or criminal street gang activity.
Results to the national research center for proven juvenile justice practices— The Administrator shall provide the results of the evaluation under subsection (a) to the National Research Center for Proven Juvenile Justice Practices established under section 15631.
Sec. 15630 Reservation of funds
For fiscal years 2022 through 2026, not more than 20 percent of the total amount appropriated to the Office of Juvenile Justice and Delinquency Prevention to carry out Youth Mentoring Programs for each fiscal year shall be made available to carry out this Act.
C PROMISE research centers
Sec. 15631 Establishment of the National Research Center for Proven Juvenile Justice Practices
Center established— Subject to the availability of appropriations, the Administrator shall award a grant to a nonprofit organization with a national reputation for expertise in operating or evaluating effective, evidence-based practices related to juvenile delinquency and criminal street gang activity prevention or intervention to develop a National Research Center for Proven Juvenile Justice Practices. Such Center shall—
collaborate with institutions of higher education as regional partners to create a best practices juvenile justice information-sharing network to support the programs and activities carried out with grants under title II of this Act;
collect, and disseminate to PROMISE Coordinating Councils, research and other information about evidence-based and promising practices related to juvenile delinquency and criminal street gang activity prevention and intervention to inform the efforts of PROMISE Coordinating Councils and regional research partners and to support the programs and activities carried out with grants under title II of this Act;
increase the public’s knowledge and understanding of effective juvenile justice practices to prevent crime and delinquency and reduce recidivism; and
develop, manage, and regularly update a site to disseminate proven practices for successful juvenile delinquency prevention and intervention.
Authorization of appropriations— Of the amount made available under section 15616 to carry out this Act—
for fiscal year 2022, not more than 2.5 percent of such amount shall be made available to carry out this section; and
for fiscal years 2022 through 2024, not more than 4 percent of such amount shall be made available to carry out this section.
Sec. 15632 Grants for regional research proven practices partnerships
Grant program authorized— The Administrator shall, subject to the availability of appropriations, establish a grant program to award grants to institutions of higher education to serve as regional research partners with PROMISE Coordinating Councils that are located in the same geographic region as an institution, in collaboration with the National Research Center for Proven Juvenile Justice Practices authorized under section 15631. Regional research partners shall provide research support to such PROMISE Coordinating Councils, including—
assistance with preparing PROMISE grant applications under title II, including collection of baseline data for such applications;
assistance with the needs and strengths assessments conducted under section 15603; and
provision of support services to PROMISE grant recipients for data collection and analysis to assess progress under the PROMISE grant.
Authorization of appropriations— Of the amount made available under section 15624 to carry out this Act—
for fiscal year 2022, not more than 2.5 percent of such amount shall be made available to carry out this section; and
for fiscal years 2022 through 2024, not more than 4 percent of such amount shall be made available to carry out this section.
C Safe Streets and Representative Police Forces
Sec. 15641 Short title
This subpart may be cited as the “Safe Streets and Representative Police Forces Act of 2020”.
Sec. 15642 Grants to increase the racial diversity of law enforcement agencies
Section 1701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amended—
in paragraph (16), by striking “and” at the end;
by redesignating paragraph (17) as paragraph (18);
by inserting after paragraph (16) the following:
“(17) to increase the racial diversity of law enforcement agencies by awarding grants to institutions of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001)), with priority given to Predominantly Black Institutions (as such term is defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)), historically Black colleges and universities (as such term is defined in section 631 of the Higher Education Act of 1965 (20 U.S.C. 1132)), institutions of higher education at which not less than 40 percent of the enrolled students are Latino, and institutions of higher education at which not less than 40 percent of the enrolled students are Native American, to support majors related to criminal justice, including psychology, sociology, prelaw, and criminal justice majors; and”
in paragraph (18), as so redesignated, by striking “paragraphs (1) through (16)” and inserting “paragraphs (1) through (17)”.
3 Common Sense Gun Violence Prevention
A Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention
Sec. 15701 Short title
This subpart may be cited as the “Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2020”.
Sec. 15702 Firearms trafficking
In general— Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
“932. Trafficking in firearms
“(a) Offenses—It shall be unlawful for any person, regardless of whether anything of value is exchanged—
“(1) to ship, transport, transfer, or otherwise dispose to a person, two or more firearms in or affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that such use, carry, possession, or disposition of the firearm would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;
“(2) to receive from a person, two or more firearms in or affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of any Federal, State, or local law punishable by a term of imprisonment exceeding 1 year;
“(3) to make a statement to a licensed importer, licensed manufacturer, or licensed dealer relating to the purchase, receipt, or acquisition from a licensed importer, licensed manufacturer, or licensed dealer of two or more firearms that have moved in or affected interstate or foreign commerce that—
“(A) is material to—
“(i) the identity of the actual buyer of the firearms; or
“(ii) the intended trafficking of the firearms; and
“(B) the person knows or has reasonable cause to believe is false; or
“(4) to direct, promote, or facilitate conduct specified in paragraph (1), (2), or (3).
“(b) Penalties
“(1) In general—Any person who violates, or conspires to violate, subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both.
“(2) Organizer enhancement—If a violation of subsection (a) is committed by a person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years.
“(c) Definitions—In this section—
“(1) the term actual buyer means the individual for whom a firearm is being purchased, received, or acquired; and
“(2) the term term of imprisonment exceeding 1 year does not include any offense classified by the applicable jurisdiction as a misdemeanor and punishable by a term of imprisonment of 2 years or less.”
Technical and conforming amendment— The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following:
Directive to the sentencing commission—
In general— Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)).
Requirements— In carrying out this section, the Commission shall—
review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense; and
review and amend, if appropriate, the guidelines and policy statements to reflect the intent of Congress that guideline penalties for violations of section 932 of title 18, United States Code, and similar offenses be increased substantially when committed by a person who is a member of a gang, cartel, organized crime ring, or other such enterprise or in concert with another person who is a member of a gang, cartel, organized crime ring or other such enterprise.
B Report on effects of gun violence on public health
Sec. 15711 Report on effects of gun violence on public health
Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Surgeon General of the Public Health Service shall submit to Congress a report on the effects on public health of gun violence in the United States during the relevant period, and the status of actions taken to address such effects.
Sec. 15712 Prohibition on certain amendments to appropriations measures
Clause 2 of rule XXI of the Rules of the House of Representatives is amended by adding at the end the following new paragraph:
“(g) A provision prohibiting the use of funds to study the public health effects of gun violence may not be reported in a general appropriation bill and may not be in order in any amendment thereto.”
C Keeping Guns from High-Risk Individuals
Sec. 15721 Short title
This subpart may be cited as the “Keeping Guns from High-Risk Individuals Act”.
Sec. 15722 Firearm prohibitions applicable with respect to certain high-risk individuals
Sales or other dispositions— Section 922(d) of title 18, United States Code, is amended in the first sentence—
by striking “or” at the end of paragraph (8);
by striking the period at the end of paragraph (9) and inserting a semicolon; and
by adding at the end the following:
“(10) in the most recent 10-year period, has been convicted in any court of a crime of violence (as defined in section 16);
“(11) has not attained 25 years of age, and has been adjudicated by any court as having committed an offense that would have been a crime of violence (as defined in section 16) if committed by an adult;
“(12) in any period of 3 consecutive years in the most recent 10-year period, has been convicted in any court, on 2 separate occasions, of an offense that has, as an element, the possession or distribution of, or the intent to possess or distribute, alcohol or a controlled substance (as so defined); or
“(13) has been convicted in any court of stalking.”
Possession, shipment, transportation, or receipt— Section 922(g) of such title is amended—
by striking “or” at the end of paragraph (8);
by striking the comma at the end of paragraph (9) and inserting a semicolon; and
by inserting after paragraph (9) the following:
“(10) who, in the most recent 10-year period, has been convicted in any court of a crime of violence (as defined in section 16);
“(11) who has not attained 25 years of age and has been adjudicated by any court as having committed an offense that would have been a crime of violence (as defined in section 16) if committed by an adult;
“(12) who, in any period of 3 consecutive years in the most recent 10-year period, has been convicted in any court, on 2 separate occasions, of an offense that has, as an element, the possession or distribution of, or the intent to possess or distribute, alcohol or a controlled substance (as so defined); or
“(13) who has been convicted in any court of stalking,”
D Strengthening Gun Checks Act
Sec. 15731 Short title
This subpart may be cited as the “Strengthening Gun Checks Act of 2020”.
1 Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System
Sec. 15732 States to make data electronically available to the National Instant Criminal Background Check System
In general— Section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:
“(b) Implementation plan
“(1) In general—Within 1 year after the date of the enactment of this subsection, the Attorney General, in coordination with the States, shall establish, for each State or Indian tribal government, a plan to ensure maximum coordination and automation of the reporting of records or making of records available to the National Instant Criminal Background Check System established under section 103 of the Brady Handgun Violence Prevention Act, during a 4-year period specified in the plan.
“(2) Benchmark requirements—Each such plan shall include annual benchmarks, including qualitative goals and quantitative measures, to enable the Attorney General to assess implementation of the plan.”
Incentive grants for rapid compliance— Section 506 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at the end the following:
“(c) Of the total amount made available to carry out this subpart for a fiscal year, the Attorney General shall reserve not more than $50,000,000 for incentive grants by the Attorney General to States that comply with section 102(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note), in accordance with the following:
“(1) During the 4-year period covered by a plan established under such section, if the State meets the benchmark established under paragraph (2) of such section, the State may receive an incentive grant under this paragraph.
“(2) The Attorney General shall allocate the amounts reserved under this section equally among each State receiving an incentive grant.”
Sec. 15733 Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended by adding at the end the following:
“(F) Semiannual certification and reporting
“(i) In general—The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code.
“(ii) Submission dates—The head of a Federal department or agency shall submit a certification under clause (i)—
“(I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; and
“(II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year.
“(iii) Contents—A certification required under clause (i) shall state, for the applicable period—
“(I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code;
“(II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; and
“(III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General.”
Sec. 15734 Adjudicated as a mental defective
In general— Section 921(a) of title 18, United States Code, is amended by adding at the end the following:
“(36) The term adjudicated as a mental defective shall—
“(A) have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; and
“(B) include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services—
“(i) including counseling, medication, or testing to determine compliance with prescribed medications; and
“(ii) not including testing for use of alcohol or for abuse of any controlled substance or other drug.
“(37) The term committed to a mental institution shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto.”
Limitation— An individual who has been adjudicated as a mental defective before the effective date described in section 15603 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a).
NICS Improvement Amendments Act of 2007— Section 3 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by striking paragraph (2) and inserting the following:
“(2) Mental health terms
“(A) In general—Except as provided in subparagraph (B), the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section 921(a) of title 18, United States Code.
“(B) Exception—For purposes of sections 102 and 103, the terms adjudicated as a mental defective and committed to a mental institution shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2018 until the end of the 2-year period beginning on such date of enactment.”
Sec. 15735 Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System
Section 103(e)(1) of the Brady Handgun Violence Protection Act (18 U.S.C. 922 note), as amended by section 15733 of this chapter, is amended by adding at the end the following:
“(G) Application to Federal courts—In this paragraph—
“(i) the terms department or agency of the United States and Federal department or agency include a Federal court; and
“(ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency.”
2 Requiring a background check for every firearm sale
Sec. 15736 Purpose
The purpose of this chapter is to extend the Brady Law background check procedures to all sales and transfers of firearms.
Sec. 15737 Firearms transfers
by striking subsection (s) and redesignating subsection (t) as subsection (s);
in subsection (s), as so redesignated—
in paragraph (3)(C)(ii), by striking “(as defined in subsection (s)(8))”; and
by adding at the end the following:
“(7) In this subsection, the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual.”
by inserting after subsection (s), as so redesignated, the following:
“(t)
“(1) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (s). Upon taking possession of the firearm, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee.
“(2) Paragraph (1) shall not apply to—
“(A) a transfer of a firearm by or to any law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties;
“(B) a transfer between spouses, between domestic partners, between parents and their children, between siblings, or between grandparents and their grandchildren;
“(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person;
“(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm;
“(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; and
“(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee’s possession of the firearm is exclusively—
“(i) at a shooting range or in a shooting gallery or other area designated and built for the purpose of target shooting;
“(ii) while hunting, trapping, or fishing, if the hunting, trapping, or fishing is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for such hunting, trapping, or fishing; or
“(iii) while in the presence of the transferor.”
Technical and conforming amendments—
Section 922— Section 922(y)(2) of such title is amended in the matter preceding subparagraph (A), by striking “, (g)(5)(B), and (s)(3)(B)(v)(II)” and inserting “and (g)(5)(B)”.
Section 925A— Section 925A of such title is amended in the matter preceding paragraph (1), by striking “subsection (s) or (t) of section 922” and inserting “section 922(s)”.
Effective date— The amendment made by subsection (a)(4) shall take effect 180 days after the date of the enactment of this Act.
Sec. 15738 Lost and stolen reporting
In general— Section 922 of title 18, United States Code, is amended by adding at the end the following:
“(aa) It shall be unlawful for any person who lawfully possesses or owns a firearm that has been shipped or transported in, or has been possessed in or affecting, interstate or foreign commerce, to fail to report the theft or loss of the firearm, within 48 hours after the person discovers the theft or loss, to the Attorney General and to the appropriate local authorities.”
Penalty— Section 924(a)(1)(B) of such title is amended to read as follows:
“(B) knowingly violates subsection (a)(4), (f), (k), (q), or (aa) of section 922;”
3 Background Check Completion Act
Sec. 15741 Short title
This subpart may be cited as the “Background Check Completion Act”.
Sec. 15742 Elimination of requirement that a firearms dealer transfer a firearm if the National Instant Criminal Background Check System has been unable to complete a background check of the prospective transferee within 3 business days
4 Mental Health
Sec. 15801 Priority mental health needs of regional and national significance
by redesignating subsection (f) as subsection (h); and
by amending subsection (h), as redesignated, to read as follows:
“(h) Authorization of appropriations
“(1) In general—There are authorized to be appropriated to carry out this section $394,550,000 for each of fiscal years 2022 through 2027.
“(2) Allocations—Of the amounts authorized by paragraph (1) to be appropriated for each of fiscal years 2022 through 2025—
“(A) $194,500,000 shall be for carrying out subsection (f) (relating to the Resiliency in Communities After Stress and Trauma Program); and
“(B) $189,500,000 shall be for carrying out subsection (g) (relating to Project AWARE).”
Resiliency in Communities After Stress and Trauma Program— Section 520A of the Public Health Service Act (42 U.S.C. 290bb–32), as amended by subsection (a), is further amended by inserting after subsection (e) the following subsection:
“(f) Resiliency in Communities After Stress and Trauma Program
“(1) In general—The Secretary shall maintain the Resiliency in Communities After Stress and Trauma Program of the Substance Abuse and Mental Health Services Administration, to be known at the ReCAST Program.
“(2) Grants—In carrying out the ReCAST Program, the Secretary shall award grants to State and local health agencies to assist high-risk youth and families and promote resilience and equity in communities that have recently faced civil unrest through—
“(A) implementation of evidence-based violence prevention and community youth engagement programs; and
“(B) linkages to trauma-informed behavioral health services.
“(3) Definition—In this subsection, the term civil unrest—
“(A) means demonstrations of mass protest and mobilization, civil disobedience, and disruption through violence, often connected with law enforcement issues; and
“(B) includes such demonstrations in communities that have been affected by a high incidence of gun violence not caused by law enforcement.”
Project AWARE— Section 520A of the Public Health Service Act (42 U.S.C. 290bb–32), as amended by subsection (b), is further amended by inserting after subsection (f) the following subsection:
“(g) Project AWARE
“(1) In general—The Secretary shall maintain the Project Advancing Wellness and Resiliency in Education program of the Substance Abuse and Mental Health Services Administration, to be known as Project AWARE.
“(2) Grants—In carrying out Project AWARE, the Secretary shall make grants to State educational agencies to build or expand the capacity of such agencies, in partnership with State mental health agencies overseeing school-aged youth and local education agencies—
“(A) to increase awareness of mental health issues among school-aged youth;
“(B) to provide training for school personnel and other adults who interact with school-aged youth to detect and respond to mental health issues; and
“(C) to connect school-aged youth, who may have behavioral health issues (including serious emotional disturbance or serious mental illness), and their families to needed services.
“(3) Definition—In this subsection, the term State educational agency means—
“(A) a State educational agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965; or
“(B) an education agency or authority of an Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act).”
Sec. 15802 Annual report on adverse childhood experiences of certain children in communities facing civil unrest
In general— Not later than the end of fiscal year 2022, and annually thereafter, the Secretary of Health and Human Services shall submit a report to the Congress on the adverse childhood experiences of children who are exposed to traumatic experiences in communities that have recently faced civil unrest.
Definition— In this subsection, the term civil unrest—
means demonstrations of mass protest and mobilization, civil disobedience, and disruption through violence, often connected with law enforcement issues; and
includes such demonstrations in communities that have been affected by a high incidence of gun violence not caused by law enforcement.
RR Transportation Workforce Modernization Act
Sec. 15901 Short title
This subtitle may be cited as the “Transportation Workforce Modernization Act”.
Sec. 15902 Transportation Worker Retraining Grant Program
Establishment— The Secretary of Transportation shall establish a program to make grants to eligible entities to develop a curriculum for and establish transportation worker training programs in urban and rural areas to train, upskill, and prepare workers whose jobs may be changed or worsened by automation, or who have been separated from their jobs, or have received notice of impending job loss, as a result of being replaced by automated driving systems.
Eligible entities— The following entities shall be eligible to receive grants under this section:
Institutions of higher education.
Consortia of institutions of higher education.
Trade associations.
Nongovernmental stakeholders.
Organizations with a demonstrated capacity to develop and provide career ladder programs through labor-management partnerships and apprenticeships on a nationwide basis.
Limitation on awards— An entity may only receive one grant per year under this section in an amount determined appropriate by the Secretary.
Participants in transportation worker retraining programs— A grant provided under this section may be used for participants in transportation worker retraining programs to pursue a degree or certification through the coursework or curriculum developed under the program.
Use of funds— A recipient of a grant under this section may use grant amounts for studies, pilot programs, as well as testing new roles for current jobs, including mechanical work, diagnostic, and fleet operations management.
General selection criteria— The Secretary shall select recipients of grants under this section on the basis of the following criteria:
Demonstrated research and extension resources available to the applicant for carrying out this section.
Capability of the applicant to develop curriculum in the training or retraining of individuals described in subsection (a) as a result of driverless vehicles.
Demonstrated commitment of the recipient to carry out a transportation workforce development program through degree-granting programs or programs that provide other industry-recognized credentials.
Eligibility— An applicant is only eligible for a grant under this section if such applicant—
has an established transportation program;
has expertise in solving transportation problems through research, training, education, and technology; and
shares information with other programs.
Federal share—
In general— The Federal share of a grant under this section shall be a dollar for dollar match of the costs of establishing and administering the retraining program and related activities carried out by the grant recipient or consortium of grant recipients.
Availability of funds— For a recipient of a grant under this section carrying out activities under such grant in partnership with a public transportation agency, not more than 0.5 percent of amounts made available under any such section may qualify as the non-Federal share under paragraph (1).
Tracking of certain information— Not later than 1 year after a grant award is made under this section, the Secretary shall implement a reporting or tracking mechanism to determine—
from which sectors of the transportation industry are workers being displaced;
for what skills and professions are workers being retrained;
how many workers have benefitted from the grant award; and
relevant demographic information of impacted workers.
Definition of institution of higher education— In this subtitle, the term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Authorization of appropriations—
In general— There is authorized to be appropriated $50,000,000 for each of fiscal years 2022, 2023, and 2024 to carry out this section.
Availability of amounts— Amounts made available to the Secretary to carry out this section shall remain available for obligation by the Secretary for a period of 3 years after the last day of the fiscal year for which the amounts are authorized.
Sec. 15903 GAO study
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to Congress a report on the impact of driverless vehicle adoption on—
the workforce of the United States;
the trucking, freight, and personal transportation industries;
wages;
job losses, including the economic impact on each region of the United States; and
the creation of new jobs and how transportation sector jobs would change due to driverless vehicle adoption.
Consultation— The study shall be carried out in consultation with—
academics;
labor unions;
the Department of Transportation; and
the Department of Labor.
Research— The Secretary of Transportation shall seek to enter into an agreement with an institute of higher education or nonprofit organization with demonstrated capacity in carrying out research on the subject of the study required under subsection (a) to conduct such research. Such agreement shall require the institute or nonprofit to submit such research to the Comptroller General for inclusion in such study.
SS Skill and Knowledge Investments Leverage Leaders’ Untapped Potential Tax Credit
Sec. 16101 Short title
This subtitle may be cited as the “Skill and Knowledge Investments Leverage Leaders’ Untapped Potential Tax Credit Act of 2020” or the “SKILL UP Act of 2020”.
Sec. 16102 Work opportunity tax credit for participation in qualifying work-based learning programs
In general— Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of subparagraph (I), by striking the period at the end of subparagraph (J) and inserting “, or”, and by inserting after subparagraph (J) the following:
“(K) a qualified work-based learning participant.”
Wages per year taken into account— Paragraph (3) of section 51(b) of such Code is amended by inserting “or who is a qualified work-based learning participant” after “subsection (d)(3)(A)(ii)(II)”.
Qualified Work-Based Learning Participant— Section 51(d) of such Code is amended by adding at the end the following:
“(16) Qualified Work-Based Learning Participant
“(A) In general—The term qualified work-based learning participant means an individual who—
“(i) is a member of one of the targeted group referred to in subparagraphs (A) through (J) of paragraph (1), and
“(ii) enrolled in a qualifying work-based learning opportunity either—
“(I) within 3-month period beginning on the hiring date, or
“(II) in the case of a program described in subparagraph (B)(iii), during the six-month period prior to the hiring date.
“(B) Qualifying work-based learning opportunity—For the purpose of this paragraph, the term qualifying work-based learning opportunity means—
“(i) an apprenticeship program registered under 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.),
“(ii) a program that has been approved by the designated local agency and that may be provided directly by an employer, or in partnership with one or more training providers, in which—
“(I) the training is provided to individuals who are full-time employees of the employer,
“(II) training consists of on the job instruction or a combination of on the job and classroom instruction, and
“(III) successful completion of the training program, or modules of the training program—
“(aa) provides for an increase in hourly wages for the employee, and
“(bb) may provide for the attainment of a recognized postsecondary credential (as defined under the Workforce Innovation and Opportunity Act), and
“(iii) a program that has been approved by the designated local agency as under clause (ii) in which a third party serves as employer of record for purposes of operating an approved program with the participating employer.”
Credit for tax-Exempt employers for employment of qualified work-Based learning participants—
In general— Paragraph (1) of section 3111(e) of such Code is amended by inserting “or qualified work-based learning participant” after “qualified veteran” both places it appears.
Overall limitation— Paragraph (2) of section 3111(e) of such Code is amended by inserting “or qualified work-based learning participants” after “qualified veterans”.
Applicable period— Paragraph (4) of section 3111(e) of such Code is amended by inserting “or qualified work-based learning participant” after “qualified veteran” both places it appears.
Definitions— Paragraph (5) of section 3111(e) of such Code is amended by striking “and” at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting “, and”, and by inserting after subparagraph (B) the following:
“(C) the term qualified work-based learning participant has the meaning given such term by section 51(d)(16).”
Effective date— The amendments made by this section shall apply to wages paid after 90 days after the date of the enactment of this Act, with respect to enrollment in qualifying work-based learning programs beginning after such date.
TT Saving Our Street
Sec. 17101 Short title
This subtitle may be cited as the “Saving Our Street Act”.
Sec. 17102 Grants to small businesses
Definition— In this section:
Covered period— The term covered period means the period beginning on February 15, 2020 and ending on December 31, 2020.
Eligible entity— The term eligible entity—
means an entity that—
is—
a community small business, including a self-employed worker, independent contractor, or sole proprietor, or a community nonprofit with less than—
$1,000,000 in gross revenue;
$500,000 in gross receipts for nonprofits; or
10 employees; or
a small business with—
less than 20 employees in a low-income community; and
not less than 50 percent of employees who live in a low-income community; and
has suffered a drop in revenue of over 20 percent of gross revenue since February 15, 2020; and
does not include entities that are publicly traded companies, private equity firms, or hedge funds.
Employee— The term employee includes—
individuals employed on a full-time, part-time, or other basis;
independent contractors;
any individual in a jurisdiction subject to a stay-at-home order, even if the employee has not physically returned to work.
Low-income community— The term low-income community means a census tract (or equivalent geographic area defined by the United States Census Bureau) in which at least 50 percent of households have an income less than 60 percent of the area median gross income, as determined by the Secretary of Housing and Urban Development.
Payroll costs— The term payroll costs means—
the sum of payments of any compensation that is a—
salary, wage, commission, or similar compensation;
payment of cash tip or equivalent;
payment for vacation, parental, family, medical, or sick leave;
allowance for dismissal or separation;
payment required for the provisions of group health care benefits, including insurance premiums;
payment of any retirement benefit; or
payment of State or local tax assessed on the compensation of employees or owners;
the sum of payments of any compensation to or income of a sole proprietor or independent contractor—
that is a wage, commission, income, net earnings from self-employment, or similar compensation; and
in an amount that is not more than $100,000 in 1 year, as prorated for the covered period;
the compensation of an individual employee in excess of an annual salary of $100,000, as prorated for the covered period;
qualified sick leave wages for which a credit is allowed under section 7001 of the Families First Coronavirus Response Act (Public Law 116– 127); or
qualified family leave wages for which a credit is allowed under section 7003 of the Families First Coronavirus Response Act (Public Law 116–127).
Socially and economically disadvantaged individuals— The term socially and economically disadvantaged individuals means individuals described in paragraphs (5) and (6) of section 8(a) of the Small Business Act (15 U.S.C. 637(a)).
Veterans organization— The term veterans organization means an organization that is described in section 501(c)(19) of the Internal Revenue Code that is exempt from taxation under section 501(a) of such Code.
Grants—
In general— The Secretary of the Treasury shall create the Microbusiness Assistance Fund which may provide a grant to an eligible entity in an amount not greater than $250,000 to be used only for—
rehiring or hiring employees of the entity who were furloughed or laid off after February 15, 2020;
payment of, on or after the date described in subparagraph (A), payroll, salaries, commissions, or similar compensations, payroll taxes, employer compensation, rent (including under a lease agreement) or mortgage, including payments of interest on any mortgage obligation (not including prepayment of or payment of principal on a mortgage obligation), utilities, or insurance;
providing healthcare and benefits to employees at the same or similar levels as the entity provided on the date described in subparagraph (A), including continuation of group healthcare benefits during periods of paid sick, medical, or family leave, and insurance premiums; and
debt obligations that were incurred before the covered period.
Eligibility— No person shall be denied a grant under this subsection on the basis of—
any criminal history or involvement with the criminal legal system; or
using an individual taxpayer identification number issued pursuant to section 6109(i) of the Internal Revenue Code of 1986.
Priority—
In general— The Secretary shall give priority to people of color, veterans, women-owned community businesses, and socially and economically disadvantaged individuals as it pertains to historically underrepresented businesses.
Historically underrepresented businesses— Of the amounts made available under this section, 75 percent shall be provided to businesses or nonprofits owned and controlled by 1 or more socially and economically disadvantaged individuals.
Other assistance— An entity that receives a grant under this subsection shall be eligible to receive assistance under other Federal programs, including the paycheck protection program established under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) or an economic injury disaster loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) if the funds are used for a purpose other than a purpose described in paragraph (1).
Sense of Congress— It is the sense of Congress that eligible entities should rehire employees described in paragraph (1)(A) after the date on which the national emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19) terminates.
Amounts—
In general— Of the amounts made available under this subtitle—
$124,500,000,000 shall be used for grants made under subsection (b);
$400,000,000 shall be used to provide financial education training classes and for help applying for the grants and financial recovery for eligible entities, of which—
$50,000,000 shall be used to provide small businesses and women development centers with technical assistance and online training and information, of which—
$25,000,000 shall be made available for small businesses; and
$25,000,000 shall be made available for women development centers;
$50,000,000 shall be used to provide minority business centers with technical assistance and online training and information; and
$300,000,000 shall be used to provide nonprofit and community organizations with assistance to small business owners; and
$100,000,000 shall be made available for the Department of the Treasury and the Internal Revenue Service to carry out this subtitle.
Availability— Funds made available under this subtitle shall be available until December 20, 2020.
Need— An eligible entity shall attest in an application for a grant under this section that the eligible entity—
was in business as of February 15, 2020;
has suffered a drop in sales of 20 percent or more;
meets the criteria as an eligible entity; and
will use the grants for authorized expenses.
Documentation— An eligible self-employed individual, independent contractor, or sole proprietorship applying for a grant under this section shall submit such documentation as is necessary to establish such individual as eligible, including payroll tax filings reported to the Internal Revenue Service, Forms 1099–MISC, and income and expenses from the sole proprietorship, as determined by the Administrator of the Small Business Administration and the Secretary of the Treasury. An applicant may submit to the Secretary of the Treasury a self-certification for employee labor expenses and payroll.
Materials— Any application or informational material related to the grant program provided by Department of the Treasury or the Internal Revenue Service shall be made available in the 10 most used languages in the United States after English.
Receipt of funds— Any eligible entity shall receive a grant made under subsection (b) not later than 14 days after the date on which the entity submitted an application for the grant.
Reporting— The Secretary of the Treasury shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Financial Service, the Committee on Small Business, and the Committee on Oversight and Reform of the House of Representatives a report on the information about the ethnicity, race, industry, geographical demographics, and sex of applicants for grants made under this section.
Sec. 17103 Direct appropriation
In general— There is appropriated, out of amounts in the Treasury not otherwise appropriated, to the Secretary of the Treasury $125,000,000,000 to carry out this subtitle.
Emergency designation—
In general— The amounts provided under this subtitle are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
Designation in senate— In the Senate, this subtitle is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.
UU Veteran Small Business Start-up Credit
Sec. 18101 Short title
This subtitle may be cited as the “Veterans Jobs Opportunity Act”.
Sec. 18102 Veteran small business start-up credit
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:
“45T. Veteran small business start-up credit
“(a) In general—For purposes of section 38, in the case of an applicable veteran-owned business which elects the application of this section, the veteran small business start-up credit determined under this section for any taxable year is an amount equal to 15 percent of so much of the qualified start-up expenditures of the taxpayer as does not exceed $80,000.
“(b) Applicable veteran-Owned small business—For purposes of this section—
“(1) In general—The term applicable veteran-owned small business means a small business owned and controlled by one or more veterans or spouses of veterans and the principal place of business of which is in an underserved community.
“(2) Ownership and control—The term owned and controlled means—
“(A) management and operation of the daily business, and—
“(B)
“(i) in the case of a sole proprietorship, sole ownership,
“(ii) in the case of a corporation, ownership (by vote or value) of not less than 51 percent of the stock in such corporation, or
“(iii) in the case of a partnership or joint venture, ownership of not less than 51 percent of the profits interests or capital interests in such partnership or joint venture.
“(3) Small business—The term small business means, with respect to any taxable year, any person engaged in a trade or business in the United States if—
“(A) the gross receipts of such person for the preceding taxable year did not exceed $5,000,000, or
“(B) in the case of a person to which subparagraph (A) does not apply, such person employed not more than 100 full-time employees during the preceding taxable year.
“(4) Underserved community—The term underserved community means any area located within—
“(A) a HUBZone (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p))),
“(B) an empowerment zone, or enterprise community, designated under section 1391 (and without regard to whether or not such designation remains in effect),
“(C) an area of low income or moderate income (as recognized by the Federal Financial Institutions Examination Council), or
“(D) a county with persistent poverty (as classified by the Economic Research Service of the Department of Agriculture).
“(5) Veteran or spouse of veteran—The term veteran or spouse of a veteran has the meaning given such term by section 7(a)(31)(G)(iii) of the Small Business Act (15 U.S.C. 636(a)(31)(G)(iii)).
“(c) Qualified start-Up expenditures—For purposes of this section—
“(1) In general—The term qualified start-up expenditures means—
“(A) any start-up expenditures (as defined in section 195(c)), or
“(B) any amounts paid or incurred during the taxable year for the purchase or lease of real property, or the purchase of personal property, placed in service during the taxable year and used in the active conduct of a trade or business.
“(d) Special rules—For purposes of this section—
“(1) Year of election—The taxpayer may elect the application of this section only for the first 2 taxable years for which ordinary and necessary expenses paid or incurred in carrying on such trade or business are allowable as a deduction by the taxpayer under section 162.
“(2) Controlled groups and common control—All persons treated as a single employer under subsections (a) and (b) of section 52 shall be treated as 1 person.
“(3) No double benefit—If a credit is determined under this section with respect to any property, the basis of such property shall be reduced by the amount of the credit attributable to such property.”
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:
Made part of general business credit— Section 38(b) of such Code is amended by striking “plus” at the end of paragraph (31), by striking the period at the end of paragraph (32) and inserting “, plus”, and by adding at the end the following new paragraph:
“(33) the veteran small business start-up credit determined under section 45T.”
Report by Treasury Inspector General for Tax Administration— Every fourth year after the date of the enactment of this Act, the Treasury Inspector General for Tax Administration shall include in one of the semiannual reports under section 5 of the Inspector General Act of 1978 with respect to such year, an evaluation of the program under section 45T of the Internal Revenue Code of 1986 (as added by this section), including an evaluation of the success of, and accountability with respect to, such program.
Effective date— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
II Social Economic
A Commission to Study and Develop Reparation Proposals for African-Americans
Sec. 20101 Short title
This subtitle may be cited as the “Commission to Study and Develop Reparation Proposals for African-Americans Act”.
Sec. 20102 Findings and purpose
Findings— The Congress finds that—
approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865;
the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865;
the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans’ life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor;
a preponderance of scholarly, legal, community evidentiary documentation and popular culture markers constitute the basis for inquiry into the on-going effects of the institution of slavery and its legacy of persistent systemic structures of discrimination on living African-Americans and society in the United States; and
following the abolition of slavery the United States Government, at the Federal, State, and local level, continued to perpetuate, condone and often profit from practices that continued to brutalize and disadvantage African-Americans, including share cropping, convict leasing, Jim Crow, redlining, unequal education, and disproportionate treatment at the hands of the criminal justice system; and
as a result of the historic and continued discrimination, African-Americans continue to suffer debilitating economic, educational, and health hardships including but not limited to having nearly 1,000,000 black people incarcerated; an unemployment rate more than twice the current white unemployment rate; and an average of less than 1/16 of the wealth of white families, a disparity which has worsened, not improved over time.
Purpose— The purpose of this subtitle is to establish a commission to study and develop Reparation proposals for African-Americans as a result of—
the institution of slavery, including both the Trans-Atlantic and the domestic “trade” which existed from 1565 in colonial Florida and from 1619 through 1865 within the other colonies that became the United States, and which included the Federal and State governments which constitutionally and statutorily supported the institution of slavery;
the de jure and de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, educational, and social discrimination;
the lingering negative effects of the institution of slavery and the discrimination described in paragraphs (1) and (2) on living African-Americans and on society in the United States;
the manner in which textual and digital instructional resources and technologies are being used to deny the inhumanity of slavery and the crime against humanity of people of African descent in the United States;
the role of Northern complicity in the Southern based institution of slavery;
the direct benefits to societal institutions, public and private, including higher education, corporations, religious and associational;
and thus, recommend appropriate ways to educate the American public of the Commission’s findings;
and thus, recommend appropriate remedies in consideration of the Commission’s findings on the matters described in paragraphs (1), (2), (3), (4), (5), and (6); and
submit to the Congress the results of such examination, together with such recommendations.
Sec. 20103 Establishment and duties
Establishment— There is established the Commission to Study and Develop Reparation Proposals for African-Americans (hereinafter in this subtitle referred to as the “Commission”).
Duties— The Commission shall perform the following duties:
Identify, compile and synthesize the relevant corpus of evidentiary documentation of the institution of slavery which existed within the United States and the colonies that became the United States from 1619 through 1865. The Commission’s documentation and examination shall include but not be limited to the facts related to—
the capture and procurement of Africans;
the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport;
the sale and acquisition of Africans as chattel property in interstate and intrastate commerce;
the treatment of African slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; and
the extensive denial of humanity, sexual abuse and the chatellization of persons.
The role which the Federal and State governments of the United States supported the institution of slavery in constitutional and statutory provisions, including the extent to which such governments prevented, opposed, or restricted efforts of formerly enslaved Africans and their descendants to repatriate to their homeland.
The Federal and State laws that discriminated against formerly enslaved Africans and their descendants who were deemed United States citizens from 1868 to the present.
The other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were deemed United States citizens from 1868 to the present, including redlining, educational funding discrepancies, and predatory financial practices.
The lingering negative effects of the institution of slavery and the matters described in paragraphs (1), (2), (3), (4), (5), and (6) on living African-Americans and on society in the United States.
Recommend appropriate ways to educate the American public of the Commission’s findings.
Recommend appropriate remedies in consideration of the Commission’s findings on the matters described in paragraphs (1), (2), (3), (4), (5), and (6). In making such recommendations, the Commission shall address among other issues, the following questions:
How such recommendations comport with international standards of remedy for wrongs and injuries caused by the State, that include full reparations and special measures, as understood by various relevant international protocols, laws, and findings.
How the Government of the United States will offer a formal apology on behalf of the people of the United States for the perpetration of gross human rights violations and crimes against humanity on African slaves and their descendants.
How Federal laws and policies that continue to disproportionately and negatively affect African-Americans as a group, and those that perpetuate the lingering effects, materially and psycho-social, can be eliminated.
How the injuries resulting from matters described in paragraphs (1), (2), (3), (4), (5), and (6) can be reversed and provide appropriate policies, programs, projects and recommendations for the purpose of reversing the injuries.
How, in consideration of the Commission’s findings, any form of compensation to the descendants of enslaved African is calculated.
What form of compensation should be awarded, through what instrumentalities and who should be eligible for such compensation.
How, in consideration of the Commission’s findings, any other forms of rehabilitation or restitution to African descendants is warranted and what the form and scope of those measures should take.
Report to congress— The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is one year after the date of the first meeting of the Commission held pursuant to section 20104(c).
Sec. 20104 Membership
Number and appointment—
The Commission shall be composed of 13 members, who shall be appointed, within 90 days after the date of enactment of this Act, as follows:
Three members shall be appointed by the President.
Three members shall be appointed by the Speaker of the House of Representatives.
One member shall be appointed by the President pro tempore of the Senate.
Six members shall be selected from the major civil society and reparations organizations that have historically championed the cause of reparatory justice.
All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, activism or experience, particularly in the field of African-American studies and reparatory justice.
Terms— The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made.
First meeting— The President shall call the first meeting of the Commission within 120 days after the date of the enactment of this Act or within 30 days after the date on which legislation is enacted making appropriations to carry out this subtitle, whichever date is later.
Quorum— Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings.
Chair and vice chair— The Commission shall elect a Chair and Vice Chair from among its members. The term of office of each shall be for the life of the Commission.
Compensation—
Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission.
A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Commission.
All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code.
Sec. 20105 Powers of the Commission
Hearings and sessions— The Commission may, for the purpose of carrying out the provisions of this subtitle, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production.
Powers of subcommittees and members— Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section.
Obtaining official data— The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law.
Sec. 20106 Administrative provisions
Staff— The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate.
Applicability of certain civil service laws— The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS–18 of the General Schedule under section 5332 of title 5, United States Code.
Experts and consultants— The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title.
Administrative support services— The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator.
Contracts— The Commission may—
procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and
enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts.
Sec. 20107 Termination
The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 20103(c).
Sec. 20108 Authorization of appropriations
To carry out the provisions of this subtitle, there are authorized to be appropriated $12,000,000.
B Today’s American Dream
Sec. 20201 Short title
This subtitle may be cited as the “Today’s American Dream Act”.
1 Retail Redlining and Food Deserts
Sec. 20211 Economic growth, retention, and recruitment of commercial investment in economically underserved communities
The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended by adding at the end the following new title:
“VIII ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL INVESTMENT IN ECONOMICALLY UNDERSERVED COMMUNITIES
“811. Purpose
“The purpose of this title is to assist with the economic growth of economically underserved communities that have potential for strong Class 1 commercial investment, but that continue to have a difficult time recruiting Class 1 commercial investment.
“812. Grant program
“(a) Authorization—From amounts appropriated under section 814, the Administrator shall make grants on a competitive basis to an eligible community for—
“(1) the creation of a grant program or revolving loan fund program (or both) that helps develop financing packages for Class 1 commercial investment in the community;
“(2) lowering real estate property tax rates in the community;
“(3) conducting community-wide market analysis to help recruit and retain Class 1 commercial investment;
“(4) creating employment training programs for Class 1 business customer service, sales, and managerial positions in the community;
“(5) retail marketing strategies to solicit new Class 1 commercial investment starts in the community;
“(6) program allowances for activities to promote Class 1 commercial investment in the community, such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations; and
“(7) hiring business recruitment specialists to operate in the community.
“(b) Eligibility—The Administrator may only make a grant under subsection (a) to a community whose demographics include—
“(1) a median per capita income no higher than $35,000; and
“(2) an identified lack of Class 1 commercial investment.
“(c) Application—A community seeking a grant under subsection (a) shall submit an application at such time, in such form, and containing such information and assurances as the Administrator may require, except that the application shall include—
“(1) a description of how the community, through the activities the community proposes to carry out with the grant funds will recruit, retain and grow its economy through Class 1 commercial investment; and
“(2) a description of the difficulty the community has faced recruiting, retaining and growing its economy through Class 1 commercial investment.
“(d) Matching funds
“(1) In general—The Administrator may not make a grant to a community under subsection (a) unless the community agrees that, with respect to the costs to be incurred by the community in carrying out the activities for which the grant is awarded, the community will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant.
“(2) Satisfying matching requirements—The non-Federal contributions required under paragraph (1) may be—
“(A) in cash or in-kind, including services, fairly evaluated; and
“(B) from—
“(i) any private source;
“(ii) State or local governmental entity; or
“(iii) nonprofit source.
“(3) Waiver—The Administrator may waive or reduce the non-Federal contribution required by paragraph (1) if the community involved demonstrates that the community cannot meet the contribution requirement due to financial hardship.
“(e) Limitations—Amounts appropriated pursuant to the authorization of appropriations in section 814 for a fiscal year shall be allocated as follows:
“(1) No more than 5 percent of such funds shall go to administrative costs;
“(2) 70 percent of such funds shall go toward activities described in paragraphs (1) through (4) of subsection (a), after taking into account administrative costs under subparagraph (A); and
“(3) 30 percent of such funds shall go toward activities described in paragraphs (5) through (7) of subsection (a), after taking into account administrative costs under subparagraph (A).
“813. Definitions
“In this title:
“(1) Community—The term community means a governance structure that includes county, parish, city, village, township, district or borough.
“(2) Class 1 commercial investment—The term Class 1 commercial investment means retail grocery chains, food service retailers, restaurants and franchises, retail stores, cafes, shopping malls, and other shops.
“(3) economically underserved community—The term economically underserved community means an area suffering from low income and resultant low purchasing power, limiting its ability to generate sufficient goods and services to be used in exchange with other areas to meet current consumption needs.
“814. Authorization of appropriations
“There is authorized to be appropriated to the Administrator to make grants under section 812(a) $40,000,000 for each of fiscal years 2022 through 2027.”
Sec. 20212 Producer discretion to plant additional fruits and vegetables on base acres to alleviate food deserts without a resulting reduction in payment acres
Section 1114(e) of the Agricultural Act of 2014 (7 U.S.C. 9014(e)) is amended by adding at the end the following new paragraph:
“(5) Producer discretion to plant additional fruits and vegetables to alleviate food deserts
“(A) Additional planting authority; purpose—The percentages specified in paragraphs (2) and (3) are increased by an additional five percent of base acres, to 20 percent and 40 percent respectively, if the crops referred to in paragraph (1) grown on the additional base acres are grown solely for sale or donation, directly or indirectly by the producer and with or without processing, in a food desert.
“(B) Food desert defined—In this paragraph, the term food desert means a census tract that, as determined by the Secretary—
“(i) has a poverty rate of 20 percent or greater; and
“(ii) provides difficult access to a retail outlet that provides a wide-variety of fruits and vegetables.”
2 Digital infrastructure
Sec. 20221 GAO report on Federal efforts to expand broadband service
In general— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the efficiency and effectiveness of efforts by Federal agencies to expand access to broadband service, including through the programs described in subsection (c).
Included matters— The report required by subsection (a) shall include—
for each program covered by the report and over a period of time for such program considered appropriate by the Comptroller General, an analysis of the number of subscribers that have gained access, through or as a result of such program, to broadband service that has the capacity to transmit data to enable subscribers to originate and receive high-quality voice, data, graphics, and video; and
an analysis of implementation by Federal agencies of the recommendations of the Broadband Opportunity Council, established by the Presidential Memorandum entitled “Expanding Broadband Deployment and Adoption by Addressing Regulatory Barriers and Encouraging Investment and Training” and dated March 23, 2015.
Included programs— The programs described in this subsection are the following:
Federal universal service support mechanisms established under section 254 of the Communications Act of 1934 (47 U.S.C. 254).
The Broadband Technology Opportunities Program established under section 6001 of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305).
Rural broadband loans under section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb).
Telecommunications infrastructure loans under section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922).
Community Connect grants under the last proviso under the heading “Distance Learning, Telemedicine, and Broadband Program” in title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004.
Distance Learning and Telemedicine grants under chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation, and Trade Act of 1990.
Federal agency defined— In this section, the term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code.
3 Direct lending
Sec. 20231 Direct loans to small business concerns
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)).
Amount— Loans made under this section shall be in an amount not greater than the lesser of—
5 percent of the annual revenue of the small business concern requesting the loan; or
$250,000.
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.
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.
Authorization of appropriations— There are authorized to be appropriated $25,000,000 for each of fiscal years 2022 to 2024.
4 New Economy and Innovation Investment
Sec. 20241 Commission on Innovation
Composition of Commission— There is established in the Office of Management and Budget, a commission, to be known as the Commission on Innovation (hereinafter in this section referred to as the commission), which shall be composed of the following members:
The Director of the Office of Management and Budget, or his or her designee, who shall serve as the chair of the Commission.
Five individuals from the private sector, to be appointed by the Director of the Office of Management and Budget.
A representative appointed by the head of each of the following:
The National Institute of Standards and Technology.
The National Science Foundation.
The Federal Communications Commission.
The Department of Commerce.
The Department of the Treasury.
The General Service Administration.
Duties of Commission— The commission shall study new and developing technologies, and shall make recommendations to each Federal agency on how the agency should take into consideration the existence, possible uses, development, and potential effect that such technologies may have on the agency’s carrying out of its statutory duties. The commission shall submit a report to Congress not later than 1 year after the effective date of enactment of this Act and annually thereafter on the activities of the commission during the 12 months immediately preceding the date of the report, including summaries of all recommendations made to agencies.
Application of Federal Advisory Commission Act— The provisions of the Federal Advisory Committee Act shall apply to the commission.
Sec. 20242 Pilot program to fund local incubators
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.
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.
Limitations—
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.
Amount of grant— A grant awarded under this section may not exceed $500,000.
Use of funds—
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.
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—
purchase or rental of land;
modification of buildings;
charges for utility services or broadband service;
fees of consultants for the provision of technical or professional assistance;
costs of promoting the incubator or incubators; and
any other such expense that the Secretary considers appropriate.
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.
Report to Congress— Not later than 180 days after the end of fiscal year 2022, 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.
Definitions— In this section:
Incubator— The term incubator means a private-sector entity that—
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
may charge start-ups a reasonable fee for such resources.
Secretary— The term Secretary means the Secretary of Commerce.
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—
has been in operation for not more than 5 years;
has not more than 5 employees; and
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.
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.
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 2022 through 2024.
Sec. 20243 Extension and improvement of new markets tax credit
Extension— Section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by adding “, and” at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting “, and”, and by adding at the end the following new subparagraph:
“(H) $10,000,000,000 for each of calendar years 2021 through 2030.”
Degree of distress of targeted community taken into account in making allocations—
In general— Section 45D(f)(2) of such Code is amended by inserting the following after the first sentence: “In making allocations under this paragraph, the Secretary shall take into account the entity’s business strategy, community impact, management capacity, and capitalization strategy, and the degree of distress of the communities served by the entity.”.
Conforming amendment— Section 45D(f)(2) of such Code is amended by striking “under the preceding sentence” and inserting “under this paragraph”.
Increased credit for investments in community development entities serving distressed communities— Section 45D of such Code is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection:
“(h) Increased credit for investments in community development entities serving distressed communities
“(1) In general—In the case of a qualified equity investment in a qualified distressed community development entity, subsection (a)(2) shall be applied—
“(A) by substituting “6 percent” for “5 percent” in subparagraph (A), and
“(B) by substituting “7 percent” for “6 percent” in subparagraph (B).
“(2) Qualified distressed community development entity—For purposes of this subsection—
“(A) In general—The term qualified distressed community development entity means any qualified community development entity if—
“(i) a substantial portion of the services and investment capital provided by such entity is provided with respect to distressed communities, and
“(ii) such entity is certified by the Secretary for purposes of this section as being a qualified distressed community development entity.
“(B) Distressed community—The term distressed community means any population census tract (or equivalent county division within the meaning of subsection (e)(3)) which would be a low-income community if—
“(i) subsection (e)(1)(A) were applied by substituting “30 percent” for “20 percent”, and
“(ii) subsection (e)(1)(B) were applied by substituting “60 percent” for “80 percent” each place it appears.”
Effective dates—
Extension— The amendments made by subsection (a) shall apply to calendar years after 2021.
Degree of distress of targeted community taken into account in making allocations— The amendments made by subsection (b) shall apply to allocations made by the Secretary after the date of the enactment of this Act.
Increased credit for investments in community development entities serving distressed communities— The amendments made by subsection (c) shall apply to qualified equity investments acquired at original issue after the date of the enactment of this Act.
Sec. 20244 Race to the Shop
Program authorized— From the amounts appropriated under subsection (e), the Secretary of Labor shall award grants, on a competitive basis, to eligible entities to increase and improve skills training for current and prospective workers in highly-skilled industries.
Application— To receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include the following:
A bold economic plan for the eligible entity that builds on the special assets and strengths of the entity in highly-skilled industries, as such assets and strengths are determined by the entity.
An identification and prioritization of key weaknesses or barriers (such as lack of strong vocational education or skills training system, or absence of customized training for industrial firms and sectors), as determined by the eligible entity, to successfully implementing such plan.
A description of strategies that will carry out the plan through projects and investments, with deep and sustainable involvement of highly-skilled industries.
A description of how other Federal and non-Federal funds will be leverage in support of such strategies.
A description of how the eligible entity will reform the entity’s policies or governance in support of such strategies.
Use of funds— An eligible entity that receives a grant under this section shall use such grant to carry out the entity’s bold economic plan described in subsection (b)(1).
Limitation— An eligible entity may not receive assistance from more than 1 grant awarded under this section for a fiscal year.
Authorization of appropriations— There are authorized to be appropriated $25,000,000 for each of fiscal years 2022 through 2026.
Definitions— In this subtitle:
Eligible entity— The term eligible entity means a State or unit of general local government.
Highly-skilled industry— The term highly-skilled industry includes the manufacturing industry.
WIOA terms— The terms State and unit of general local government have the meanings given the terms in section 3 of the Workforce Investment and Opportunity Act (29 U.S.C. 3102).
5 Expanded Access to Care
Sec. 20251 Study on the uninsured
In general— The Secretary of Health and Human Services (in this section referred to as the “Secretary”) shall—
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;
include in such study an analysis of the usage by such population of emergency room and urgent care facilities; and
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.
Reporting requirements—
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).
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, in a manner consistent with part 1 of this subtitle.
Sec. 20252 Volunteer dental projects and action for dental health program
Part B of title III of the Public Health Service Act is revised by amending section 317M (42 U.S.C. 247b–14) as follows:
by redesignating subsections (e) and (f) as (g) and (h), respectively;
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.”
in subsection (h), as redesignated by paragraph (1), by striking “fiscal years 2001 through 2005” and inserting “fiscal years 2022 through 2027”.
Sec. 20253 Critical access hospital improvements
Elimination of isolation test for cost-Based ambulance reimbursement—
in subparagraph (B)—
by striking “owned and”; and
by inserting “(including when such services are provided by the entity under an arrangement with the hospital)” after “hospital”; and
by striking the comma at the end of subparagraph (B) and all that follows and inserting a period.
Effective date— The amendments made by this subsection shall apply to services furnished on or after January 1, 2021.
Provision of a more flexible alternative to the CAH designation 25 inpatient bed limit requirement—
in subparagraph (B)(iii), by striking “provides not more than” and inserting “subject to subparagraph (F), provides not more than”; and
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.”
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.
Sec. 20254 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:
“(t) 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.”
C Minority Bank Deposit Program
Sec. 20301 Findings
Congress finds the following:
On March 5, 1969, pursuant to Executive Order 11458, the Minority Bank Deposit Program was established as a national program supporting minority-owned business enterprise. It was expanded in 1971 under Executive Order 11625 and in 1979 under Executive Order 12138. The Competitive Equality Banking Act of 1987 (Public Law 100–86) and the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (Public Law 101–73) include provisions supporting the intent of the Minority Bank Deposit Program.
Under the leadership of President Jimmy Carter, on April 8, 1977, a memorandum for all heads of Federal agencies and departments was signed. This document promoted the use of minority-owned business enterprises by placing deposits in minority banks. The agency assigned to head this program was the Department of the Treasury.
The Fiscal Assistant Secretary of the Department of the Treasury is responsible for certifying financial institutions that are eligible for participation in the Minority Bank Deposit Program.
Although the program continues today, the overwhelming majority of financial institutions certified under the Minority Bank Deposit Program do not have existing relationships with the Federal agencies which suggests the need for reforms to increase utilization of eligible institutions.
Sec. 20302 Minority Bank Deposit Program
In general— Section 1204 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note) is amended to read as follows:
“1204. Expansion of use of minority banks, women’s banks, and low-income credit unions
“(a) Minority Bank Deposit Program
“(1) Establishment—There is established a program to be known as the “Minority Bank Deposit Program” to expand the use of minority banks, women’s banks, and low-income credit unions.
“(2) Administration—The Secretary of the Treasury, acting through the Fiscal Service, shall—
“(A) on application by a depository institution or credit union, certify whether such depository institution or credit union is a minority bank, women’s bank, or low-income credit union;
“(B) maintain and publish a list of all depository institutions and credit unions that have been certified pursuant to subparagraph (A); and
“(C) periodically distribute the list described in subparagraph (B) to—
“(i) all Federal departments and agencies;
“(ii) interested State and local governments; and
“(iii) interested private sector companies.
“(3) Inclusion of certain entities on list—A depository institution or credit union that, on the date of the enactment of this section, has a current certification from the Secretary of the Treasury stating that such depository institution or credit union is a minority bank, women’s bank, or low-income credit union shall be included on the list described under paragraph (2)(B).
“(b) Expanded Use Among Federal Departments and Agencies
“(1) In general—Not later than 1 year after the establishment of the program described in subsection (a), the head of each Federal department or agency shall develop and implement standards and procedures to ensure, to the maximum extent possible as permitted by law, the use of minority banks, women’s banks, and low-income credit unions to serve the financial needs of each such department or agency.
“(2) Report to Congress—Not later than 2 years after the establishment of the program described in subsection (a), and annually thereafter, the head of each Federal department or agency shall submit to Congress a report on the actions taken to increase the use of minority banks, women’s banks, and low-income credit unions to serve the financial needs of each such department or agency.
“(c) Definitions—For purposes of this section:
“(1) Credit union—The term credit union has the meaning given the term insured credit union in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
“(2) Depository institution—The term depository institution has the meaning given the term insured depository institution in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
“(3) Low-income credit union—The term low-income credit union means any entity described in section 19(b)(1)(A)(iv) of the Federal Reserve Act.
“(4) Minority—The term minority means any Black American, Native American, Hispanic American, or Asian American.
“(5) Minority bank—The term minority bank means any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act—
“(A) more than 50 percent of the outstanding shares of which are held by 1 or more minority individuals;
“(B) the majority of the directors on the board of directors of which are minority individuals; and
“(C) a significant percentage of senior management positions of which are held by minority individuals.
“(6) Women’s bank—The term women’s bank means any bank described in clause (i), (ii), or (iii) of section 19(b)(1)(A) of the Federal Reserve Act—
“(A) more than 50 percent of the outstanding shares of which are held by 1 or more women;
“(B) the majority of the directors on the board of directors of which are women; and
“(C) a significant percentage of senior management positions of which are held by women.”
Conforming Amendments— The following provisions are amended by striking “1204(c)(3)” and inserting “1204(c)”:
Section 808(b)(3) of the Community Reinvestment Act of 1977 (12 U.S.C. 2907(b)(3)).
Section 40(g)(1)(B) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(g)(1)(B)).
Section 704B(h)(4) of the Equal Credit Opportunity Act (15 U.S.C. 1691c–2(h)(4)).
Sec. 20303 Amendments to the Community Reinvestment Act
Section 804(b) of the Community Reinvestment Act of 1977 (12 U.S.C. 2903(b)) is amended to read as follows:
“(b) Cooperation with Minority Banks, Women’s Banks, and Low-Income Credit Unions Considered
“(1) In general—In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider as a factor capital investment, loan participation, and other ventures undertaken by the institution in cooperation with minority banks, women’s banks, community development financial institutions, and low-income credit unions provided that these activities help meet the credit needs of local communities in which such institutions and credit unions are chartered.
“(2) Definitions
“(A) FIRREA definitions—The terms low-income credit union, minority bank, and women’s bank have the meanings given such terms, respectively, in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
“(B) Community development financial institution—The term community development financial institution has the meaning given in section 103(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(5)).”
Sec. 20304 Considerations when assessing financial inclusion for federally chartered financial institutions
In General— In assessing and taking into account the record of a federally chartered financial institution under any financial inclusion assessment process created by the Comptroller of the Currency in any rule relating to the chartering of a financial institution, the Comptroller shall consider as a factor capital investment, loan participation, and other ventures undertaken by the bank in cooperation with minority banks, women’s banks, community development financial institutions, and low-income credit unions, provided that these activities help meet the financial needs of local communities in which the federally chartered financial institution provides financial products or services.
Definitions— For purposes of this section:
Community development financial institution— The term community development financial institution has the meaning given in section 103(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(5)).
Financial inclusion assessment process— The term financial inclusion assessment process means any process relating to the chartering of a financial institution whereby the Comptroller of the Currency assesses and takes into account the financial institution’s record of meeting the financial needs of the bank’s entire community, including low- and moderate-income neighborhoods, consistent with the safe and sound operation of such bank.
Financial product or service— The term financial product or service has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).
FIRREA definitions— The terms low-income credit union, minority bank, and women’s bank have the meanings given such terms, respectively, in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
D Ensuring Diverse Leadership
Sec. 20401 Short title
This subtitle may be cited as the “Ensuring Diverse Leadership Act of 2020”.
Sec. 20402 Congressional Findings
The Congress finds that—
while significant progress has occurred due to the antidiscrimination amendments to the Federal Reserve Act, barriers continue to pose significant obstacles for candidates reflective of gender diversity and racial or ethnic diversity for Federal Reserve bank president positions in the Federal Reserve System;
the continuing barriers described in paragraph (1) merit the following amendment;
Congress has received and reviewed testimony and documentation of the historical lack of gender, racial, and ethnic diversity from numerous sources, including congressional hearings, scientific reports, reports issued by public and private agencies, news stories, and reports of related barriers by organizations and individuals, which show that race-, ethnicity-, and gender-neutral efforts alone are insufficient to address the problem;
the testimony and documentation described in paragraph (3) demonstrate that barriers across the United States prove problematic for full and fair participation in developing monetary policy by individuals reflective of gender diversity and racial or ethnic diversity; and
the testimony and documentation described in paragraph (3) provide a strong basis that there is a compelling need for the below amendment to address the historical lack of gender, racial, and ethnic diversity in the Federal Reserve regional bank presidents selection process in the Federal Reserve System.
Sec. 20403 Federal reserve bank presidents
In general— The provision designated “fifth” of the fourth undesignated paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is amended by inserting after “employees.” the following: “In making the appointment of a president, the bank shall interview at least one individual reflective of gender diversity and one individual reflective of racial or ethnic diversity.”.
Report— Not later than January 1 of each year, each Federal reserve bank shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection a report describing the applicant pool demographic for the position of the president of the Federal reserve bank for the preceding fiscal year, if applicable.
Sec. 20404 Technical adjustments
American Competitiveness and Workforce Improvement Act of 1998— Section 418(b) of the American Competitiveness and Workforce Improvement Act of 1998 (8 U.S.C. 1184 note) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
in section 4(a), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
in section 45(a)(1), by striking “chairman of the board of Governors” and inserting “Chair of the Board of Governors”.
Dodd-Frank Wall Street Reform and Consumer Protection Act— The Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking “Chairman of the Board” each place such term appears and inserting “Chair of the Board”.
Emergency Economic Stabilization Act of 2008— The Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) is amended by striking “Chairman of the Board” each place such term appears and inserting “Chair of the Board”.
Emergency Loan Guarantee Act— Section 2 of the Emergency Loan Guarantee Act (15 U.S.C. 1841) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Emergency Steel Loan Guarantee and Emergency Oil and Gas Guaranteed Loan Act of 1999— The Emergency Steel Loan Guarantee and Emergency Oil and Gas Guaranteed Loan Act of 1999 (15 U.S.C. 1841 note) is amended—
in section 101(e)(2)—
by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
by striking “Chairman,” and inserting “Chair,”; and
in section 201(d)(2)(B)—
by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
by striking “Chairman,” and inserting “Chair,”.
Farm Credit Act of 1971— Section 4.9(d)(1)(C) of the Farm Credit Act of 1971 (12 U.S.C. 2160(d)(1)(C)) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Federal Deposit Insurance Act— The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended—
in section 7(a)(3), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
in section 10(k)(5)(B)(ii), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
by striking “chairman” each place such term appears and inserting “chair”;
by striking “Chairman” each place such term appears other than in section 11(r)(2)(B) and inserting “Chair”;
in section 2, in the sixth undesignated paragraph—
in the second sentence, by striking “his” and inserting “the Comptroller of the Currency’s”; and
in the third sentence, by striking “his” and inserting “the director’s”;
in section 4—
in the third undesignated paragraph, by striking “his office” and inserting “the Office of the Comptroller of the Currency”;
in the fourth undesignated paragraph, in the provision designated “fifth”, by striking “his” and inserting “the person’s”;
in the eighth undesignated paragraph, by striking “his” and inserting “the chair’s”;
in the seventeenth undesignated paragraph—
by striking “his” and inserting “the officer’s”; and
by striking “he” and inserting “the individual”;
in the twentieth undesignated paragraph—
by striking “He” each place such term appears and inserting “The chair”;
in the third sentence—
by striking “his” and inserting “the”; and
by striking “he” and inserting a comma; and
in the fifth sentence, by striking “he” and inserting “the chair”; and
in the twenty-first undesignated paragraph, by striking “his” each place such term appears and inserting “the agent’s”;
in section 6, in the second undesignated paragraph, by striking “he” and inserting “the Comptroller of the Currency”;
in section 9A(c)(2)(C), by striking “he” and inserting “the participant”;
in section 10—
by striking “he” each place such term appears and inserting “the member”;
in the second undesignated paragraph, by striking “his” and inserting “the member’s”; and
in the fourth undesignated paragraph—
in the second sentence, by striking “his” and inserting “the chair’s”;
in the fifth sentence, by striking “his” and inserting “the member’s”; and
in the sixth sentence, by striking “his” and inserting “the member’s”;
in section 12, by striking “his” and inserting “the member’s”;
in section 13, in the tenth undesignated paragraph, by striking “his” and inserting “the assured’s”;
in section 16—
by striking “he” each place such term appears and inserting “the agent”;
in the seventh undesignated paragraph—
by striking “his” and inserting “the agent’s”; and
by striking “himself” and inserting “the agent”;
in the tenth undesignated paragraph, by striking “his” and inserting “the Secretary’s”; and
in the fifteenth undesignated paragraph, by striking “his” and inserting “the agent’s”;
in section 18, in the eighth undesignated paragraph, by striking “he” and inserting “the Secretary of the Treasury”;
in section 22—
in subsection (f), by striking “his” and inserting “the director’s or officer’s”; and
in subsection (g)—
in paragraph (1)(D)—
by striking “him” and inserting “the officer”; and
by striking “he” and inserting “the officer”; and
in paragraph (2)(A), by striking “him as his” and inserting “the officer as the officer’s”; and
in section 25A—
in the twelfth undesignated paragraph—
by striking “he” each place such term appears and inserting “the member”; and
by striking “his” and inserting “the member’s”;
in the fourteenth undesignated paragraph, by striking “his” and inserting “the director’s or officer’s”; and
in the twenty-second undesignated paragraph, by striking “his” each place such term appears and inserting “such individual’s”.
Federal Reserve Reform Act of 1977— Section 204(b) of the Federal Reserve Reform Act of 1977 (12 U.S.C. 242 note) is amended by striking “Chairman or Vice Chairman of the Board of Governors” and inserting “Chair or Vice Chair of the Board of Governors”.
Financial Institutions Reform, Recovery, and Enforcement Act of 1989— The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 is amended—
in section 308 (12 U.S.C. 1463 note)—
in subsection (a), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
in subsection (c), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”;
in section 1001(a) (12 U.S.C. 1811 note), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
in section 1205(b)(1)(A) (12 U.S.C. 1818 note)—
by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
by striking “Chairman’s” and inserting “Chair’s”.
Food, Conservation, and Energy Act of 2008— Section 13106(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Housing and Community Development Act of 1992— Section 1313(a)(3) of the Housing and Community Development Act of 1992 (12 U.S.C. 4513(a)(3)) is amended—
in the heading, by striking “chairman” and inserting “chair”;
by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
by striking “Chairman regarding” and inserting “Chair regarding”.
Inspector General Act of 1978— Section 8G of the Inspector General Act of 1978 is amended by striking “Chairman of the Board of Governors” each place such term appears and inserting “Chair of the Board of Governors”.
International Lending Supervision Act of 1983— Section 908(b)(3)(C) of the International Lending Supervision Act of 1983 (12 U.S.C. 3907(b)(3)(C)) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Neighborhood Reinvestment Corporation Act— Section 604(a)(3) of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8103(a)(3)) is amended by striking “Chairman” each place it appears and inserting “Chair”.
by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
by striking “his” and inserting “the Chair’s”.
Sarbanes-Oxley Act of 2002— Section 101(e)(4)(A) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(A)) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Securities Exchange Act of 1934— Section 17A(f)(4)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78q–1(f)(4)(C)) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Title 31— Title 31, United States Code, is amended—
in section 1344(b)(7), by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”; and
in section 5318A, by striking “Chairman of the Board of Governors” each place such term appears and inserting “Chair of the Board of Governors”.
Trade Act of 1974— Section 163(b)(3) of the Trade Act of 1974 (19 U.S.C. 2213(b)(3)) is amended by striking “Chairman of the Board of Governors” and inserting “Chair of the Board of Governors”.
Deeming of name— Any reference in a law, regulation, document, paper, or other record of the United States to the Chairman of the Board of Governors of the Federal Reserve System shall be deemed to be a reference to the Chair of the Board of Governors of the Federal Reserve System.
E Startup Opportunity Accelerator
Sec. 20501 Short title
This subtitle may be cited as the “Startup Opportunity Accelerator Act of 2020” or the “SOAR Act”.
Sec. 20502 Findings
Congress finds that—
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;
startups face common challenges as they seek to transform their ideas into successful, high-growth businesses;
4 metropolitan areas in 3 States—the San Francisco Bay Area, New York City, Boston, and Los Angeles—receive nearly 75 percent of all venture capital investment, which is a critical source of funding for high-growth startups;
of startups that receive venture capital funding, 2 percent are African-American-owned, 6 percent are Latino-owned, and only 13 percent are owned solely by women;
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;
incubators and accelerators support promising startups through partnerships, mentoring, and resources connecting them with seasoned entrepreneurs;
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
startups offer unique opportunities for growth and development for women, minority, and veterans to become successful entrepreneurs and leaders in new and developed fields.
Sec. 20503 Funding for organizations that support startup businesses
by redesignating section 49 (15 U.S.C. 631 note) as section 50; and
by inserting after section 48 the following:
“49. 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 disability has the meaning given the term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
“(3) 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;
“(4) the term new small business concern means a small business concern that has been in operation for not more than 5 years;
“(5) 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
“(6) 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 grants of not more than $100,000 to eligible entities to support new small business concerns.
“(2) Use of funds—A 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 grant under this section shall demonstrate that the eligible entity will use the grant to provide assistance to not less than 10 new small business concerns per year.
“(2) Requirements—In soliciting applications and awarding 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, including through the use of digital resources such as the website of the Administration and social media;
“(B) utilizes an easily accessible submission process or platform;
“(C) shall make every effort to minimize—
“(i) the use of forms, detailed budgets, supporting documentation, or written submissions; and
“(ii) any other burdensome requirement;
“(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 grant under this section 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 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 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 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 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 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; and
“(5) the ability of the eligible entity to use and leverage local strengths, including human resources, infrastructure, and educational institutions.
“(f) Requirement To award grants to certain accelerators—In order to promote diversity in entrepreneurship, the Administrator shall award not less than 50 percent of amounts appropriated for grants in a given fiscal year to—
“(1) accelerators located in an area described in subparagraph (A), (B), or (C) of section 3(p)(1); and
“(2) accelerators for which not less than 50 percent of the small business concerns served by the accelerator are small business concerns—
“(A) owned and controlled by socially and economically disadvantaged individuals;
“(B) owned and controlled by women; or
“(C) that are not less than 51 percent owned by one or more—
“(i) Native Americans;
“(ii) individuals participating in the Transition Assistance Program of the Department of Defense;
“(iii) 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;
“(iv) formerly incarcerated individuals; or
“(v) individuals with a disability.
“(g) Matching nonpublic funding requirement
“(1) In general—An eligible entity receiving a 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 grant may be made under this section;
“(B) used to carry out the program of the eligible entity carried out using the grant under this section; and
“(C) in an amount that is not to be less than 50 percent of the amount of the 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.
“(h) Consequences of failure To abide by terms or conditions of grant or requirements of this section—The Administrator shall notify each eligible entity receiving a grant under this section that failure to abide by the terms and conditions of the 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 grant funds.
“(i) Annual progress reporting by recipients of grant—Each eligible entity receiving a 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 grant, including—
“(1) the number of new small business concerns participating in the program during each of the 3 years preceding the report;
“(2) the number of new small business concerns applying to participate in the program during each of the 3 years preceding the report;
“(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—
“(A) owned and controlled by socially and economically disadvantaged individuals;
“(B) owned and controlled by women; or
“(C) that are not less than 51 percent owned by one or more—
“(i) Native Americans;
“(ii) individuals participating in the Transition Assistance Program of the Department of Defense;
“(iii) 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;
“(iv) formerly incarcerated individuals; or
“(v) individuals with a disability; and
“(8) other metrics determined appropriate by the Administrator.
“(j) 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 (i).
“(k) Coordination with other small business administration programs—The Administrator shall take appropriate action to encourage eligible entities receiving a 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), assistance under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), and resource partners of the Administration, including women's business centers and veteran's business outreach centers.
“(l) 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.
“(m) Listing on website—The Administrator shall include a list of eligible entities receiving a grant under this section on the website of the Administration.
“(n) 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.”
Technical and conforming amendment— Effective on January 1, 2021, section 49(f)(1) of the Small Business Act, as added by subsection (a), is amended to read as follows:
“(1) accelerators located in an area described in subparagraph (A), (B), or (C) of section 31(b); and”
F New Markets Tax Credit Extension
Sec. 20601 Short title
This subtitle may be cited as the “New Markets Tax Credit Extension Act of 2020”.
Sec. 20602 Permanent extension of new markets tax credit
Extension—
In general— Subparagraph (G) of section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking “for each of calendar years 2010 through 2019” and inserting “for calendar year 2010 and each calendar year thereafter”.
Conforming amendment— Section 45D(f)(3) of such Code is amended by striking the last sentence.
Inflation adjustment— Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(4) Inflation adjustment
“(A) In general—In the case of any calendar year beginning after 2021, the dollar amount in paragraph (1)(G) shall be increased by an amount equal to—
“(i) such dollar amount, multiplied by
“(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting “calendar year 2000” for “calendar year 2020” in subparagraph (A)(ii) thereof.
“(B) Rounding rule—Any increase under subparagraph (A) which is not a multiple of $1,000,000 shall be rounded to the nearest multiple of $1,000,000.”
Alternative minimum tax relief— Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended—
by redesignating clauses (v) through (xii) as clauses (vi) through (xiii), respectively, and
by inserting after clause (iv) the following new clause:
“(v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made after December 31, 2018,”
Effective dates—
In general— Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2018.
Alternative minimum tax relief— The amendments made by subsection (c) shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after December 31, 2018.
G Extension of the Caribbean Basin Economic Recovery
Sec. 20701 Short title
This subtitle may be cited as the “Extension of the Caribbean Basin Economic Recovery Act”.
Sec. 20702 Extension of the Caribbean Basin Economic Recovery Act
Section 213 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703) is amended as follows:
Extension for certain knit apparel articles— In clause (iii) of subsection (b)(2)(A)—
in subclause (II)(cc), by striking “September 30, 2020” and inserting “September 30, 2030”; and
in subclause (IV)(dd), by striking “September 30, 2020” and inserting “September 30, 2030”.
Extension of limitation with respect to certain other apparel articles— In clause (iv)(II) of such subsection, by striking “18” and inserting “28”.
Extension of transition period— In subsection (b)(5)(D)(i), by striking “September 30, 2020” and inserting “September 30, 2030”.
H Automotive Jobs
Sec. 20801 Short title
This subtitle may be cited as the “Automotive Jobs Act of 2020”.
Sec. 20802 Study of well-being of United States automotive industry; stay of action on certain investigation
Study required— The United States International Trade Commission (in this section referred to as the “Commission”) shall conduct a study of the economic well-being, health, and vitality of the United States automotive industry, which shall include an assessment of the following:
The number of automotive jobs in the United States, regardless of whether the parent entity of the United States automotive producer is headquartered in the United States or another country.
Any growth or decline in number of automobile manufacturing facilities and automotive parts suppliers in the United States since 1980.
The effect an automotive plant has on the unemployment rate, per capita income, and education level in the community in which the plant is located.
The effect an automotive plant has on the region in which the plant is located in helping the region attract and expand nonautomotive jobs and the effect on that region of the wages from those jobs.
The number of automobiles assembled in the United States that are exported each year and to which countries.
The percentage of component parts of automobiles assembled in the United States that are imported.
The number of component parts for automobiles that are not produced in the United States and would thus not be available to United States automotive producers if prohibitively high duties were imposed on imports of those parts.
The effect an increase in automotive manufacturing costs would have on jobs in the United States.
Report— Not earlier than 180 days after the date of the enactment of this Act, and not later than one year after such date of enactment, the Commission shall submit to the President and Congress a report on—
the findings of the study required by subsection (a); and
any recommendations relating to the automotive industry that the Commission considers appropriate based on the study.
Stay of action relating to investigation into national security effects of automotive imports— For purposes of the requirements of subsection (c) of section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), any report on the findings of the Secretary of Commerce from the investigation of the Department of Commerce under such section into the effects on national security of imports of automobiles and automotive parts initiated on May 23, 2018, shall not be deemed to be submitted until the date on which—
the Commission submits to the President and Congress the report required by subsection (b) of this section; and
the President, after reviewing the report and considering the findings and recommendations of the Commission included in the report, determines not to reopen the investigation of the Department of Commerce.
United States automotive producer defined— In this section, the term United States automotive producer means an entity that manufactures or assembles automobiles or component parts for automobiles in the United States.
I Revitalizing Underdeveloped Rural Areas and Lands
Sec. 20901 Short title
This subtitle may be cited as the “Revitalizing Underdeveloped Rural Areas and Lands Act of 2020” or as the “RURAL Act of 2020”.
Sec. 20902 Modification of income for purposes of determining tax-exempt status of certain mutual or cooperative telephone or electric companies
In general— Section 501(c)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(J) In the case of a mutual or cooperative telephone or electric company described in this paragraph, subparagraph (A) shall be applied without taking into account any income received or accrued from—
“(i) any grant, contribution, or assistance provided pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act or any similar grant, contribution, or assistance by any local, State, or regional governmental entity for the purpose of relief, recovery, or restoration from, or preparation for, a disaster or emergency, or
“(ii) any grant or contribution by any governmental entity (other than a contribution in aid of construction or any other contribution as a customer or potential customer) the purpose of which is substantially related to providing, constructing, restoring, or relocating electric, communication, broadband, internet, or other utility facilities or services.”
Effective date— The amendment made by this section shall apply to taxable years beginning after December 31, 2017.
J Consumer Financial Education and Empowerment
Sec. 21001 Short title
This subtitle may be cited as the “Consumer Financial Education and Empowerment Act”.
Sec. 21002 Financial literacy grant program
In general— Not later than 1 year after the date of the enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall establish a program to award grants on a competitive basis to eligible entities to facilitate financial literacy programs as described in subsection (d).
Application requirements— To be eligible to be awarded a grant under the program established under subsection (a), an eligible entity shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require, including information on—
the curriculum and design of the financial literacy program proposed by the eligible entity, including a description of how such program meets the requirements of subsection (d);
expected participants in the proposed financial literacy program;
who is expected to be employed or otherwise involved with the proposed financial literacy program, including—
administrators;
consultants; and
financial advisors; and
a prospective budget for the proposed financial literacy program.
Grants—
Amounts— The Director shall determine the amount of each grant awarded under the program established under subsection (a).
Term— A grant awarded under the program established under subsection (a) shall be for a term of 12 months.
Considerations— In awarding grants under the program established under subsection (a), the Director may consider whether the proposed financial literacy program of an applicant would address the types of abuse that result in a penalty being deposited into the Consumer Financial Civil Penalty Fund established under section 1017(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5497(d)).
Renewal— An eligible entity may apply to renew a grant awarded under the program established under subsection (a) by submitting to the Director a simplified renewal application that shall receive expedited review.
Bureau of Consumer Financial Protection annual financial literacy report— In awarding grants under this section, the Director shall consider information provided by the annual report that is required under section 1013(d)(4) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5493(d)(4)).
Financial literacy program described— A financial literacy program described in this subsection is a program that provides the following:
Instruction to participants, including individuals who provide instruction with respect to financial literacy education, on one or more of the following:
Personal financial wellness.
Credit and alternatives to credit.
Management of student loan debt.
Financial counseling for individuals who seek to attend a college, university, or vocational school.
Preparation for homeownership.
Basic investing.
Financial saving, planning, and management.
Tax planning.
Personal information security.
Preparation for retirement.
Entrepreneurship assistance or assistance in starting a business.
Other topics as determined by the Director.
An in-person instruction component that—
may be provided as a webinar, an in-classroom experience, or one-on-one financial coaching;
includes—
live, real-time instruction; and
an opportunity for students to engage with an instructor; and
is not primarily comprised of self-taught instruction.
Funding—
In general— The Director shall, in accordance with section 1017(d) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5497(d)), use amounts in the Consumer Financial Civil Penalty Fund to carry out this subtitle.
Amounts— To carry out this subtitle, the Director shall use until expended not less than—
in fiscal year 2022, $50,000,000; and
in each allocation period starting after fiscal year 2022, the lessor of—
$25,000,000; or
after allocation to victims has been determined for the prior allocation period, 50 percent of the remaining amounts collected during the prior allocation period.
Conforming amendment— Section 1017(d)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5497(d)(2)) is amended—
by striking “, the Bureau may use” and inserting
“(A) may use”
by striking “programs.” and inserting “programs; and”; and
by adding at the end the following:
“(B) shall use such funds for the grant program established by the Consumer Financial Education and Empowerment Act.”
Financial Literacy and Education Commission report— Not later than 2 years after the Director establishes the program under subsection (a), and every 5 years thereafter, the Financial Literacy and Education Commission shall submit to Congress and the Director a report that provides recommendations on how to improve such program.
Definitions— In this section:
Allocation period— The term allocation period means the biannual allocation period of funds to a class of victims that occurs according to the schedule established pursuant to section 1075.105(b) of title 12, Code of Federal Regulations (or any successor regulation).
Commission— The term Commission means the Financial Literacy and Education Commission, established under title V of the Fair and Accurate Credit Transactions Act of 2003 (20 U.S.C. 9701 et seq.).
Director— The term Director means the Director of the Bureau of Consumer Financial Protection.
Eligible entity— The term eligible entity means—
a State government, local government, or agency of a State or local government; or
a nonprofit organization that—
has knowledge of personal financial management;
has experience providing financial education; and
has a history of achieving goals and objectives of financial literacy programs.
Nonprofit organization— The term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and is exempt from taxation under section 501(a) of such Code.
State— The term State means each State of the United States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe.
K Department of Homeland Security Mentor-Protégé Program
Sec. 21101 Short title
This subtitle may be cited as the “Department of Homeland Security Mentor-Protégé Program Act of 2020”.
Sec. 21102 Department of Homeland Security mentor-protégé program
In general— Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:
“890B. Mentor-protégé program
“(a) Establishment—There is established in the Department a mentor-protégé program (in this section referred to as the “Program”) under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department.
“(b) Eligibility—The Secretary shall establish criteria for mentor firms and protégé firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.
“(c) Program application and approval
“(1) Application—The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protégé firm selected by the mentor firm. The application shall include each of the following:
“(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protégé firm.
“(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.
“(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.
“(D) Attestation that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm’s developmental progress.
“(E) Attestations that Program participants will inform the Secretary in the event of change in eligibility or voluntary withdrawal from the Program.
“(2) Approval—Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration.
“(3) Rescission—The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.
“(d) Program duration—A mentor firm and protégé firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months.
“(e) Program benefits—A mentor firm and protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:
“(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program.
“(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protégé firm.
“(3) A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.
“(4) Any other benefits identified by the Secretary.
“(f) Reporting—Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committees on Homeland Security and Small Business of the House of Representatives a report that—
“(1) identifies each agreement between a mentor firm and a protégé firm entered into under this section, including number of protégé firm participants that are—
“(A) small business concerns;
“(B) small business concerns owned and controlled by veterans;
“(C) small business concerns owned and controlled by service-disabled veterans;
“(D) qualified HUBZone small business concerns;
“(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;
“(F) women-owned small business concerns;
“(G) historically Black colleges and universities; and
“(H) minority institutions of higher education;
“(2) describes the type of assistance provided by mentor firms to protégé firms;
“(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and
“(4) assesses the degree to which there has been—
“(A) an increase in the technical capabilities of protégé firms; and
“(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by the report.
“(g) Definitions—In this section:
“(1) Historically Black college or university—The term historically Black college or university means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code, as in effect on March 1, 2018.
“(2) Mentor firm—The term mentor firm means a for-profit business concern that is not a small business concern that—
“(A) has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and
“(B) satisfies any other requirements imposed by the Secretary.
“(3) Minority institution of higher education—The term minority institution of higher education means an institution of higher education with a student body that reflects the composition specified in section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)).
“(4) Protégé firm—The term protégé firm means a small business concern, a historically Black college or university, or a minority institution of higher education that—
“(A) is eligible to enter into a prime contract or subcontract with the Department; and
“(B) satisfies any other requirements imposed by the Secretary.
“(5) Small Business Act definitions—The terms small business concern, small business concern owned and controlled by veterans, small business concern owned and controlled by service-disabled veterans, qualified HUBZone small business concern, and small business concern owned and controlled by women have the meaning given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).”
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 890A the following new item:
L Borderland Takings Defense Fund
Sec. 21201 Short title
This subtitle may be cited as the “Borderland Takings Defense Fund Act”.
Sec. 21202 Defense fund for private landowners
In general— Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:
“890B. Defense fund for private landowners
“(a) Establishment
“(1) In general—The Secretary shall establish a fund to assist eligible property owners whose property the Federal Government seeks to condemn or acquire for the purpose of constructing or installing additional physical barriers or roads between ports of entry along the land border with Mexico.
“(2) Administration
“(A) Appointment—The Officer for Civil Rights and Civil Liberties of the Department shall appoint an individual to serve as the administrator of the fund established pursuant to paragraph (1).
“(B) Qualifications—The individual appointed under subparagraph (A) to serve as the administrator of the fund shall be an individual who—
“(i) has at least three years of relevant experience in pro bono legal assistance; and
“(ii) to the maximum extent practicable, has a demonstrated record of advocacy on behalf of litigants in actions brought by or against the Federal Government.
“(b) Prohibition—Notwithstanding section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), the Secretary may not take such actions, such as the removal of obstacles, to construct or install additional physical barriers or roads between ports of entry along the land border with Mexico until—
“(1) the fund described in subsection (a) is established and made available to eligible property described in such subsection; and
“(2) such property owners are provided information on how to access legal support through such fund.
“(c) Eligibility—To be eligible for assistance through the fund referred to in subsection (a), a property owner shall—
“(1) own property along the land border with Mexico that—
“(A) is subject to the condemnation or acquisition referred to in such subsection; or
“(B) is determined by the Administrator to be at risk of such action; and
“(2)
“(A) be the head of a low-income household; or
“(B) if such property owner is not the head of a low-income household, be determined by the administrator of the fund to be in need of such assistance but lacking adequate resources to secure representation against the Federal Government.
“(d) Outreach—The Secretary, acting through the administrator of the fund, shall—
“(1) implement a targeted outreach strategy to identify and communicate with eligible property owners whose property the Federal Government seeks to condemn or acquire for the purpose of constructing or installing additional physical barriers or roads between ports of entry along the land border with Mexico; and
“(2) 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 copy of such targeted outreach strategy.
“(e) Definitions—In this section:
“(1) Low-income household—The term low-income household means a household—
“(A) 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 (42 U.S.C. 601 et seq.);
“(ii) supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
“(iii) supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
“(iv) payments under—
“(I) section 1315, 1521, 1541, or 1542 of title 38, United States Code; or
“(II) section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
“(B) that has an income that, as determined by the State in which such household is located, does not exceed the greater of—
“(i) an amount equal to 150 percent of the poverty level for such State; and
“(ii) an amount equal to 60 percent of the median income for such State.
“(2) Property—The term property means land, including an estate or interest in land, including an easement or right of way in land.
“(f) Authorization of appropriations—In addition to any amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2028 to carry out this section.”
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 890A the following new item:
M Examining Educational Redlining and Lending Act
Sec. 21301 Short title
This subtitle may be cited as the “Examining Educational Redlining in Lending Act”.
Sec. 21302 Assessment of certain educational data
Assessment— Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Bureau of Consumer Financial Protection (referred to in this section as the “Bureau”) shall, in coordination with relevant executive agencies and national civil rights stakeholders, assess—
the use of certain educational data by covered persons in determining the creditworthiness of an applicant;
the use of an underwriting process that involves gathering data points and creating applicant profiles, including automated or algorithmic processes, and the risks of such use, by covered persons to determine the creditworthiness of an applicant; and
what policies and guidelines are in place to ensure decisions do not result in a disparate impact on a protected class.
Report to Congress— Not later than 60 days after the completion of each assessment required under subsection (a) and annually thereafter, the Bureau shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate the findings of such assessment and any recommendations based on such findings.
Publication— Not later than 30 days after the completion of the assessment required under subsection (a), the Bureau shall make available on a publicly accessible website—
the findings of the assessment under subsection (a);
a list of all covered persons that use certain educational data; and
a list of all covered persons that use an underwriting process that involves gathering data points and creating applicant profiles, including automated or algorithmic processes, to determine the creditworthiness of an applicant.
Definitions— In this section:
Applicant’s background— The term applicant’s background includes data related to or derived from the following:
Attendance at an academic institution.
Academic majors pursued at an academic institution.
Grades or test scores from or used for admission into an academic institution.
Educational attainment.
Certain educational data— The term certain educational data means data, including non-individualized data, that indicates or is created, derived, or inferred from an applicant’s background including whether an applicant has attended any of the following:
An eligible institution.
A junior or community college.
Covered person— The term covered person has the meaning given such term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
Eligible institution— The term eligible institution has the meaning given that term in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
Junior or community college— The term junior or community college has the meaning given that term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
III Poverty Alleviation
A 10-20-30
Sec. 30101 Short title
This subtitle may be cited as the “10-20-30 Act of 2020”.
Sec. 30102 Allocation of funds for assistance in persistent poverty counties
In general— Notwithstanding any other provision of law, of the funds made available (if any) in each of fiscal years 2015 through 2030 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:
“Department of Agriculture, Rural Development Programs”.
“Department of Commerce, Economic Development Administration, Economic Development Assistance Programs”.
“Department of Commerce, National Institute of Standards and Technology, Construction”.
“Department of Education, Fund for the Improvement of Education”.
“Department of Education, Fund for the Improvement of Postsecondary Education”.
“Department of Labor, Employment and Training Administration, Training and Employment Services”.
“Department of Health and Human Services, Health Resources and Services Administration”.
“Department of Housing and Urban Development, Economic Development Initiative”.
“Department of Justice, Office of Justice Programs”.
“Environmental Protection Agency, State and Tribal Assistance Grants, Water and Wastewater”.
“Department of Transportation, Federal Highway Administration, Transportation Community and System Preservation”.
“Department of the Treasury, Community Development Financial Institutions”.
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, 2000, and 2010 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.
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.
B EITC Modernization
Sec. 30201 Short title
This subtitle may be cited as the “EITC Modernization Act of 2020”.
Sec. 30202 Findings
Congress finds the following:
The Federal earned income tax credit is a refundable tax credit for lower- and middle-income working individuals and families whose earnings are below an income threshold.
Since its establishment in 1975, the credit has increased family income, reduced child poverty, and promoted employment by supplementing the earnings of low-wage workers, including military families.
The credit has a positive impact on the education and health of children living in poverty.
The credit has a positive economic impact on local economies and businesses because it puts more money in the hands of low- and middle-income working people who spend the money on immediate needs, such as groceries, school supplies, car repairs, rent, and health care.
The widening gap between the incomes of the wealthiest Americans and those of middle- and lower-income Americans is alarming.
There is an urgent need to address that gap, including through measures like this legislation and by raising the Federal minimum wage which together increase the wages of working Americans, widen the path to income stability, and narrow income inequality.
Sec. 30203 Modifications of the earned income tax credit
Inclusion of individuals with qualifying dependents—
in subparagraph (A), by striking “qualifying child” each place such term appears and inserting “qualifying dependent”, and
by striking subparagraphs (B) and (F) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively.
Qualifying dependent defined— Section 32(c) of such Code is amended by redesignating paragraphs (3) and (4) as paragraphs (5) and (6), and by inserting after paragraph (2) the following new paragraphs:
“(3) Qualifying dependent
“(A) In general—The term qualifying dependent means, with respect to a taxable year—
“(i) a qualifying child,
“(ii) an aged dependent, or
“(iii) a qualifying individual described in subparagraph (B) or (C) of section 21(b)(1).
“(B) Identification requirements—No credit shall be allowed under this section with respect to a qualifying dependent unless the taxpayer includes the name, age, and TIN of the individual on the return of tax for the taxable year.
“(C) Place of abode—The term qualifying dependent shall not include an individual unless such individual has a principal place of abode in the United States for more than one-half of such taxable year.
“(4) Aged dependent—The term aged dependent means a dependent for whom a deduction is allowable under section 151 who has attained the age of 65 before the close of the taxable year.”
Conforming amendments—
The tables in paragraphs (1) and (2) of section 32(b) of such Code are each amended—
by striking “qualifying child” each place it appears and inserting “qualifying dependent”, and
by striking “qualifying children” each place it appears and inserting “qualifying dependents”.
Section 32(c)(5) of such Code, as redesignated by this Act, is amended by striking subparagraphs (C) and (D).
Section 32(m) of such Code is amended by striking “(c)(3)(D)” and inserting “(c)(3)(B)”.
Inclusion of qualifying students—
In general— Section 32(c)(1)(A) of such Code is amended by striking “or” at the end of clause (i), by striking the period at the end of clause (ii)(III) and inserting “, or”, and by inserting after clause (ii)(III) the following new clause:
“(iii) any individual who is a qualifying student.”
Qualifying student defined— Section 32(c)(1) of such Code, as amended by subsection (a), is further amended by adding at the end the following new subparagraph:
“(E) Qualifying student—The term qualifying student means, with respect to a taxable year, an individual who is an eligible student (as defined in section 25A(b)(3)) with respect to an institution of higher education (as defined in section 101 of the Higher Education Act of 1965) who—
“(i) is not a dependent for whom a deduction is allowable under section 151 to another taxpayer for any taxable year beginning in the same calendar year as such taxable year, and
“(ii) either—
“(I) is qualified for a Federal Pell Grant with respect to the academic year beginning in such taxable year, or
“(II) has modified adjusted gross income of less than 250 percent of the poverty line for the size of the family involved for the taxable year.
“(F) Definitions—For purposes of this subparagraph:
“(i) Modified adjusted gross income—The term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
“(ii) Poverty line
“(I) In general—The term poverty line has the meaning given such term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section.
“(II) Family size—For purposes of determining the poverty line applicable to the taxpayer, the family size with respect to any taxpayer shall be equal to the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year.”
Conforming amendment— Section 32(c)(1)(A)(ii) of such Code is amended by inserting “(other than a qualifying student)” after “any other individual”.
Minimum credit for students and for individuals with certain qualifying dependents— Section 32(a) of such Code is amended by adding at the end the following new paragraph:
“(3) Minimum credit for students and for individuals with certain qualifying dependents
“(A) In general—In the case of a qualifying student, or an eligible individual who has a specified dependent for the taxable year, the amount determined under paragraph (1) (before the application of paragraph (2)) and the amount determined under paragraph (2)(A) shall not be less than $1,200.
“(B) Specified dependent—For purposes of this paragraph, the term specified dependent means any qualifying dependent (other than a qualifying child who has attained the age of 7 before the close of the taxable year).”
Monthly payment— Section 32 of such Code, as amended by this subtitle, is further amended by adding at the end the following new subsection:
“(n) Monthly payment
“(1) In general—In the case of an individual who is entitled to a refund relating to an overpayment of tax imposed by this subtitle that exceeds $240 (but only to the extent such refund does not exceed the credit allowed under this section) such individual may elect to have the Secretary, in lieu of such refund, make a payment equal to—
“(A) 2/13 of such refund (with interest) during the earlier of the first practicable month or the second month that begins after the date the return was filed, and
“(B) 1/13 of such refund (with interest) during each of the 11 months subsequent to the month determined under subparagraph (A).
“(2) Method of payment—A payment made under this subsection shall be made by direct deposit or by general-use prepaid card, or by such other method (other than by check) as the Secretary may prescribe and the taxpayer may elect.
“(3) One-time increase—The first time an individual receives a payment under this subsection, paragraph (1)(A) shall be applied by substituting “4/13” for “2/13”.”
Special rule for new low-Income parents— Section 32 of such Code, as amended by this subtitle, is further amended by adding at the end the following new subsection:
“(o) Special rule for new low-Income parents
“(1) In general—In the case of an individual who—
“(A) is eligible for payments under subsection (o)(1) with respect to a refund for a taxable year, and
“(B) has a qualifying child who is born or adopted during the following taxable year and not later than the penultimate month for which the taxpayer is eligible for such payments,
“(2) Qualifying child determination—For purposes of determining if a child is a qualifying child for purposes of this subsection, subsection (m) shall be applied by inserting “or, in the case of an adoption, such other identifying information as specified by the Secretary” before the period at the end.”
Age of eligible individuals without dependents— Section 32(c)(1)(A)(ii)(II) of such Code is amended by striking “age 25 but not attained age 65” and inserting “age 18”.
Effective date— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
Sec. 30204 Return preparation programs for low-income taxpayers
In general— Chapter 77 of such Code is amended by inserting after section 7526 the following new section:
“7526A. Return preparation programs for low-income taxpayers
“(a) Establishment of volunteer income tax assistance matching grant program—The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program under which the Secretary may, subject to the availability of appropriated funds, make grants to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations.
“(b) Use of funds
“(1) In general—Qualified return preparation programs may use grants received under this section for—
“(A) ordinary and necessary costs associated with program operation in accordance with cost principles under the applicable Office of Management and Budget circular, including—
“(i) wages or salaries of persons coordinating the activities of the program,
“(ii) developing training materials, conducting training, and performing quality reviews of the returns prepared under the program,
“(iii) equipment purchases, and
“(iv) vehicle-related expenses associated with remote or rural tax preparation services,
“(B) outreach and educational activities described in subsection (c)(2)(B), and
“(C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation.
“(2) Use of grants for overhead expenses prohibited—No grant received under this section may be used for overhead expenses that are not directly related to a qualified return preparation program.
“(c) Application
“(1) In general—Each applicant for 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 reasonably require.
“(2) Priority—In awarding grants under this section, the Secretary shall give priority to applications which demonstrate—
“(A) assistance to low-income taxpayers, with emphasis on outreach to, and services for, such taxpayers,
“(B) taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, including the earned income tax credit, and
“(C) specific outreach and focus on one or more underserved populations.
“(3) Amounts taken into account—In determining matching grants under this section, the Secretary shall only take into account amounts provided by the qualified return preparation program for expenses described in subsection (b).
“(d) Accuracy reviews
“(1) In general—The Secretary shall establish procedures for, and shall conduct, periodic site visits of qualified return preparation programs operating under a grant under this section—
“(A) to ensure such programs are carrying out the purposes of this section, and
“(B) to determine the return preparation accuracy rate of the program.
“(2) Additional requirements for grant recipients not meeting minimum standards—In the case of any qualified return preparation program which—
“(A) is awarded a grant under this section, and
“(B) is subsequently determined—
“(i) to have a less than 90 percent average accuracy rate for preparation of tax returns, or
“(ii) not to be otherwise carrying out the purposes of this section,
“(e) Definitions—For purposes of this section—
“(1) Qualified return preparation program—The term qualified return preparation program means any program—
“(A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns,
“(B) which is administered by a qualified entity,
“(C) in which all volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and
“(D) which uses a quality review process which reviews 100 percent of all returns.
“(2) Qualified entity
“(A) In general—The term qualified entity means any entity which—
“(i) is an eligible organization,
“(ii) is in compliance with Federal tax filing and payment requirements,
“(iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and
“(iv) agrees to provide documentation to substantiate any matching funds provided pursuant to the grant program under this section.
“(B) Eligible organization—The term eligible organization means—
“(i) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C. 1002), as in effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV of such Act,
“(ii) an organization described in section 501(c) and exempt from tax under section 501(a),
“(iii) a local government agency, including—
“(I) a county or municipal government agency, and
“(II) an Indian tribe, as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13)), including any tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), tribal subsidiary, subdivision, or other wholly owned tribal entity,
“(iv) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of clause (i), (ii), or (iii) acting as the applicant organization), or
“(v) in the case of a targeted population or community with respect to which no organizations described in the preceding clauses are available—
“(I) a State government agency, or
“(II) an office providing Cooperative Extension services (as established at the land-grant colleges and universities under the Smith-Lever Act of May 8, 1914).
“(3) Low-income taxpayers—The term low-income taxpayer means a taxpayer whose income for the taxable year does not exceed an amount equal to the completed phaseout amount under section 32(b) for a married couple filing a joint return with 3 or more qualifying children, as determined in a revenue procedure or other published guidance.
“(4) Underserved population—The term underserved population includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rural areas, members of the Armed Forces and their spouses, and the elderly.
“(f) Special rules and limitations
“(1) Duration of grants—Upon application of a qualified return preparation program, the Secretary is authorized to award a multi-year grant not to exceed 3 years.
“(2) Aggregate limitation—Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $30,000,000 per fiscal year (exclusive of costs of administering the program) to grants under this section.
“(g) Promotion and referral
“(1) Promotion—The Secretary shall promote tax preparation through qualified return preparation programs through the use of mass communications, referrals, and other means.
“(2) Internal revenue service referrals—The Secretary may refer taxpayers to qualified return preparation programs receiving grants under this section.
“(3) VITA grantee referral—Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low-Income Taxpayer Clinics individuals who are eligible for such clinics.”
Clerical amendment— The table of sections for chapter 77 is amended by inserting after the item relating to section 7526 the following new item:
Effective date— The amendments made by this section shall apply with respect to taxable years beginning after the date of enactment of this Act.
C End Diaper Need
Sec. 30301 Short title
This subtitle may be cited as the “End Diaper Need Act of 2020”.
Sec. 30302 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 program
“(a) Establishment—The Secretary shall make grants to assist eligible entities to conduct demonstration projects that implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers.
“(b) Design of program—In carrying out the grant program under subsection (a), the Secretary shall—
“(1) consult with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, on the design of the program; and
“(2) design the program in such a way that the program—
“(A) decreases diaper need in low-income families and meets the unmet diaper needs of infants and toddlers in such families through—
“(i) the distribution of free diapers and diapering supplies;
“(ii) community outreach to assist in participation in existing diaper distribution programs; or
“(iii) improving access to diapers and diapering supplies as part of a comprehensive service; and
“(B) increases the abilities of communities and low-income families in those communities to provide for the diaper needs of infants and toddlers in those communities.
“(c) Eligible entities—To be eligible for a grant under this section, an entity shall—
“(1) be a State or local governmental entity, an Indian Tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code;
“(2) have experience in the area of—
“(A) community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products;
“(B) child care;
“(C) child development activities in low-income communities; or
“(D) motherhood, fatherhood, or parent-education efforts serving low-income parents of young children;
“(3) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation;
“(4) demonstrate a willingness to share information with researchers, practitioners, and other interested parties; and
“(5) submit to the Secretary a description of the design of the evaluation to be carried out under subsection (d)(2) and receive the Secretary’s approval of such design based on a determination that such design is rigorous and is likely to yield information that is credible and will be useful to other States.
“(d) Use of Funds—Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following:
“(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger.
“(2) Using not more than 25 percent of the funds received by the grantee under this section, to evaluate the effect of activities under paragraph (1) on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety.
“(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following:
“(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions.
“(B) Programs designed to support the health of eligible children, such as the Children’s Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State-funded health care programs.
“(C) Programs funded through the Special Supplemental Nutrition Program for Women, Infants, and Children.
“(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program).
“(E) Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the Temporary Assistance for Needy Families program, or a State-funded program.
“(e) No effect on other programs—Any assistance or benefits received by a family as a result of a project established pursuant to this section shall be disregarded for purposes of determining the family’s eligibility for, or amount of, benefits under any other Federal needs-based programs.
“(f) Reports—As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following:
“(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee’s diaper distribution project.
“(2) The number of families that have received assistance from the grantee’s diaper distribution project.
“(3) The number of diapers, and the number of each type of diapering supply, distributed under the grantee’s diaper distribution project.
“(4) The ZIP Code or ZIP Codes where the grantee distributed diapers and diaper supplies.
“(5) The method or methods the grantee uses to distribute diapers and diapering supplies.
“(6) Such other information as the Secretary may specify.
“(g) Evaluation—The Secretary, in consultation with each grantee under this section, shall—
“(1) not later than 2 years after the date of enactment of the End Diaper Need Act of 2020—
“(A) complete an evaluation of the effectiveness of the program 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 website of the Department of Health and Human Services; and
“(2)
“(A) not later than 3 years after the date of enactment of the End Diaper Need Act of 2020, update the evaluation required by paragraph (1)(A); and
“(B) not later than 90 days after completion of the updated evaluation under subparagraph (A)—
“(i) submit to the relevant congressional committees a report describing the results of such updated evaluation; and
“(ii) publish the results of such evaluation on the internet website of the Department of Health and Human Services.
“(h) Definitions—In this section:
“(1) Diaper—The term diaper means an absorbent garment that—
“(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and
“(B) if disposable—
“(i) does not use any latex or common allergens; and
“(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories:
“(I) Absorbency (with acceptable rates for first and second wetting).
“(II) Waterproof outer cover.
“(III) Flexible leg openings.
“(IV) Refastening closures.
“(2) Diapering supplies—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) Eligible child—The term eligible child means a child who—
“(A) has not attained 4 years of age; and
“(B) is a member of a family whose self-certified income is not more than 200 percent of the Federal poverty line.
“(4) Federal poverty line—The term Federal poverty line means the Federal 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.
“(5) Low-income—The term low-income, with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line.
“(i) Authorization of appropriations
“(1) In general—To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025.
“(2) Availability of funds—Funds provided to a grantee under this section for a fiscal year may be expended by the grantee only in such fiscal year or the succeeding fiscal year.”
Sec. 30303 Improving access to diapers for medically complex children
Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended by adding at the end the following new paragraph:
“(11)
“(A) In the case of any waiver under this subsection that provides medical assistance to a medically complex child who has been diagnosed with bowel or bladder incontinence, a bowel or bladder condition that causes excess urine or stool (such as short gut syndrome or diabetes insipidus), or a severe skin condition that causes skin erosions (such as epidermolysis bullosa), such medical assistance shall include, for the duration of the waiver, the provision of 200 medically necessary diapers per month and diapering supplies. Such medical assistance may include the provision of medically necessary diapers in amounts greater than 200 if a licensed health care provider (such as a physician, nurse practitioner, or physician assistant) specifies that such greater amounts are necessary for such medically complex child.
“(B) For purposes of this paragraph—
“(i) the term medically complex child means an individual who is at least three years of age and for whom a licensed health care provider has provided a diagnosis of one or more significant chronic conditions;
“(ii) the term medically necessary diaper means an absorbent garment that is—
“(I) washable or disposable; and
“(II) worn by a medically complex child who has been diagnosed with a condition described in subparagraph (A) and needs such garment to correct or ameliorate such condition; and
“(iii) the term diapering supplies means items, including diaper wipes and diaper creams, necessary to ensure that a medically complex child who has been diagnosed with a condition described in subparagraph (A) and uses a medically necessary diaper is properly cleaned and protected from diaper rash.”
Sec. 30304 Inclusion of diapers and diapering supplies as qualified medical expenses
by adding at the end of subparagraph (A) the following: “For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care.”; and
by adding at the end the following new subparagraph:
“(D) Medically necessary diapers and diapering supplies—For purposes of this paragraph—
“(i) Medically necessary diapers—The term medically necessary diaper means an absorbent garment that is washable or disposable worn by an individual who has attained 3 years of age and needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider.
“(ii) Diapering supplies—The term diapering supplies means items, including diaper wipes and diaper creams necessary to ensure that a child using a medically necessary diaper is properly cleaned and protected from diaper rash.”
Archer MSAs— Section 220(d)(2)(A) of such Code is amended by adding at the end the following: “For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.”.
Health flexible spending arrangements and health reimbursement arrangements— Section 106 of such Code is amended by adding at the end the following new subsection:
“(f) Reimbursements for medically necessary diapers and diapering supplies—For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.”
Effective dates—
Distributions from health savings accounts— The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2020.
Reimbursements— The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2020.
D Closing the Meal Gap
Sec. 30401 Short title
This subtitle may be cited as the “Closing the Meal Gap Act of 2020”.
Sec. 30402 Amendments
Calculation of program benefits— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
in section 3 (7 U.S.C. 2012)—
by striking subsection (u),
by redesignating subsections (n) through (t) as subsections (o) through (u), respectively, and
by inserting after subsection (m) the following:
“(n) “Low-cost food plan” means the diet required to feed a family of four persons, consisting of a man and a woman nineteen through fifty, a child six through eight, and a child nine through eleven years of age, determined in accordance with the Secretary’s calculations. The cost of such diet shall be the basis for uniform allotments for all households regardless of their actual composition, except that the Secretary shall—
“(1) make household-size adjustments (based on the unrounded cost of such diet) taking into account economies of scale;
“(2) make cost adjustments in the low-cost food plan for Hawaii and the urban and rural parts of Alaska to reflect the cost of food in Hawaii and urban and rural Alaska;
“(3) make cost adjustments in the separate low-cost food plans for Guam, and the Virgin Islands of the United States, to reflect the cost of food in those States, but not to exceed the cost of food in the 50 States and the District of Columbia; and
“(4) on October 1, 2021, and each October 1 thereafter, adjust the cost of the diet to reflect the cost of the diet in the immediately preceding June, and round the result to the nearest lower dollar increment for each household size.”
in section 8(a) (7 U.S.C. 2017(a))—
by striking “thrifty food plan” each place it appears, and inserting “low-cost food plan”, and
by striking “8 percent” and inserting “10 percent”,
in section 16(c)(1)(A)(ii) (7 U.S.C. 2025(c)(1)(A)(ii))—
in subclause (I) by striking “for fiscal year 2014, at an amount not greater than $37” and inserting “for fiscal year 2021, at an amount not greater than $50”, and
in subclause (II)—
by striking “June 30, 2013” and inserting “June 30, 2021”, and
by striking “thrifty food plan” and inserting “low-cost food plan”, and
in section 19(a)(2)(A) (7 U.S.C. 2028(a)(2)(A))—
in clause (i) by striking “and” at the end,
in clause (ii)—
by striking “each fiscal year thereafter” and inserting “each of the fiscal years 2004 through 2022”, and
by striking the period at the end and inserting a semicolon, and
by adding at the end the following:
“(iii) for fiscal year 2022, $2,650,000,000; and
“(iv) subject to the availability of appropriations under section 18(a), for each fiscal year thereafter, the amount determined under clause (iii), as adjusted by the percentage by which the low-cost food plan has been adjusted under section 3(n)(4) between June 30, 2021, and June 30 of the immediately preceding fiscal year.”
Standard medical expense deduction— Section 5(e)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended—
in subparagraph (A) by striking “an excess medical” and all that follows through the period at the end, and inserting “a standard medical deduction or to a medical expense deduction of actual costs for the allowable medical expenses incurred by the elderly or disabled member, exclusive of special diets.”, and
by adding at the end the following:
“(D) The standard medical expense deduction shall be equal to $140 for fiscal year 2022, and for each subsequent fiscal year shall be equal to the applicable amount for the immediately preceding fiscal year as adjusted to reflect changes for the 12-month period ending the preceding June 30 in the Consumer Price Index for All Urban Consumers: Medical Care published by the Bureau of Labor Statistics of the Department of Labor, except that for any such fiscal year the State agency may establish a greater standard medical expense deduction that satisfies cost neutrality standards established by the Secretary for such fiscal year.”
Elimination of cap of excess shelter expenses— Section 5(e)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)) is amended—
by striking subparagraph (B), and
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.
Snap eligibility for full and part-Time students; students’ responsible for care of disabled members of households— Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
by striking subsection (e); and
in subsection (d)(2)(C) by striking “(except that any such person enrolled in an institution of higher education shall be ineligible to participate in the supplemental nutrition assistance program unless he or she meets the requirements of subsection (e) of this section)”.
Conforming amendments—
Food and Nutrition Act of 2008— The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
in section 10 (7 U.S.C. 2019) by striking “3(o)(4)” and inserting “3(p)(4)”,
in section 11 (7 U.S.C. 2012)—
in subsection (a)(2) by striking “3(s)(1)” and inserting “3(t)(1)”, and
in subsection (d)—
by striking “3(s)(1)” each place it appears and inserting “3(t)(1)”, and
by striking “3(s)(2)” each place it appears and inserting “3(t)(2)”,
in section 19(a)(2)(A)(ii) (7 U.S.C. (a)(2)(A)(ii)) by striking “3(u)(4)” and inserting “3(n)(4)”, and
in section 27(a)(2) (7 U.S.C. 2036(a)(2))—
in subparagraph (C) by striking “3(u)(4)” and inserting “3(n)(4)”, and
in subparagraph (E) by striking “3(u)(4)” and inserting “3(n)(4)”.
Low-Income Home Energy Assistance Act of 1981— Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)(2)(A)) is amended—
by striking “5(e)(6)(C)(iv)(I)” and inserting “5(e)(6)(B)(iv)(1)”, and
by striking “(7 U.S.C. 2014(e)(6)(C)(iv)(I))” and inserting “(7 U.S.C. 2014(e)(6)(B)(iv)(I))”.
in section 5(a) (7 U.S.C. 2014(a)) by striking “3(n)(4)” each place it appears and inserting “3(m)(4)”,
in section 8(f)(1)(A)(i) (7 U.S.C. 2017(f)(1)(A)(i)) by striking “3(n)(5)” and inserting “3(m)(5)”, and
in section 17(b)(1)(B)(iv)(III)(aa) (7 U.S.C. 2016(b)(1)(B)(iv)(III)(aa)) by striking “3(n)” and inserting “3(m)”.
Sec. 30403 Effective date; application of amendments
Effective date— Except as provided in subsection (b), this section and the amendments made by this subtitle shall take effect on October 1, 2022.
Application of amendments— The amendments made by subsections (b), (c), and (f)(2) shall not apply with respect to certification periods that begin before October 1, 2022.
E American Opportunity Accounts
Sec. 30501 Short title
This subtitle may be cited as the “American Opportunity Accounts Act”.
I American opportunity accounts
Sec. 30511 Definitions
For purposes of this subtitle—
American Opportunity Fund— The term American Opportunity Fund means the fund established under section 30512.
AO account— The term AO account means an American opportunity account established under section 30513.
Secretary— The term Secretary means the Secretary of the Treasury or the Secretary’s delegate.
American Opportunity Fund Board— The term American Opportunity Fund Board means the board established pursuant to section 30516.
Executive Director— The term Executive Director means the executive director appointed pursuant to section 30516.
Sec. 30512 American Opportunity Fund
Establishment— There is established in the Treasury of the United States a fund to be known as the “American Opportunity Fund”.
Amounts held by Fund— The American Opportunity Fund consists of the sum of all amounts paid into the Fund under this title, increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses).
Use of Fund—
In general— The sums in the American Opportunity Fund are appropriated and shall remain available without fiscal year limitation—
to make contributions to AO accounts;
to invest under section 30515;
to make distributions in accordance with this title;
to pay the administrative expenses of carrying out this title; and
to purchase insurance as provided in section 30517(c)(2).
Exclusive purposes— The sums in the American Opportunity Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose.
Transfers to American Opportunity Fund— The Secretary shall make transfers from the general fund of the Treasury to the American Opportunity Fund as follows:
Initial contribution for eligible individuals born after December 31, 2019— Upon receipt of a certification under section 103(b)(2) with respect to an individual born after December 31, 2019, the Secretary shall transfer $1,000 to the AO account of the individual.
Annual contributions—
In general— Each year which occurs after the year in which an AO account is established for an eligible individual and before the year the eligible individual attains the age of 18, the Secretary shall transfer the annual contribution amount to the AO account of the individual.
Annual contribution amount— The annual contribution amount shall be the amount such that the annual contribution amount for any taxpayer whose household income is within an income tier specified in the following table shall decrease, on a sliding scale in a linear manner, from the initial amount to the final amount specified in such table for such income tier:
Applicable household income; poverty line— For purposes of this paragraph—
Applicable household income— The term applicable household income means household income (as defined in section 36B(d) of the Internal Revenue Code of 1986), except that—
with respect to any calendar year, the Secretary shall use the income of the most recent taxable year for which information is available; and
in determining household income the Secretary shall aggregate the income of married individuals filing separate tax returns.
Poverty line— The term poverty line has the meaning given such term under section 36B(d) of the Internal Revenue Code of 1986.
Authority to provide tax information—
In general— Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(23) Disclosure of return information to carry out eligibility requirements for certain programs
“(A) In general—The Secretary shall disclose to officers and employees of the Department of Treasury or the American Opportunity Fund Board return information of any taxpayer whose income is relevant in determining any annual contribution to an American Opportunity Account under section 30512 of the American Opportunity Accounts Act. Such return information shall be limited to—
“(i) taxpayer identity information with respect to such taxpayer,
“(ii) the filing status of such taxpayer,
“(iii) the number of individuals for whom a deduction is allowed under section 151 with respect to the taxpayer (including the taxpayer and the taxpayer's spouse),
“(iv) the modified adjusted gross income (as defined in section 36B) of such taxpayer, of any spouse of such taxpayer who filed a separate return, and of each of the other individuals included under clause (iii) who are required to file a return of tax imposed by chapter 1 for the taxable year,
“(v) such other information as is prescribed by the Secretary by regulation as might indicate whether the taxpayer is eligible for such an annual contribution (and the amount thereof), and
“(vi) the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available.
“(B) Restriction on use of disclosed information—Return information disclosed under subparagraph (A) may be used by officers and employees of the Department of Treasury or the American Opportunity Fund Board for the purposes of, and to the extent necessary in establishing eligibility for, and verifying the appropriate amount of, any annual contribution described in subparagraph (A).”
Procedures and recordkeeping related to disclosures— Paragraph (4) of section 6103(p) of such Code is amended by striking “or (22)” each place it appears and inserting “(22), or (23)”.
Study on incorporation of other wealth factors— Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress and the Secretary of Treasury a report on the feasibility and distributive impacts of a new measure for determining the amount of the annual contribution amount under this paragraph based on family wealth, total assets, and overall net worth. Such measure may—
include financial assets, the value of family home, retirement accounts, business and entrepreneurial ventures, potential future inheritances, and any other assets or debts; and
continue to factor in current or past income to the extent such information is useful in estimating overall household wealth.
Adjustment for inflation—
In general— For each calendar year beginning after 2021, each of the dollar amounts under paragraphs (1) and (2)(B)(i) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting “calendar year 2020” for “calendar year 2016” in subparagraph (A)(ii) thereof.
Rounding— If any amount adjusted under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.
Prohibition on Use of Payroll Taxes To Fund AO accounts— The American Opportunity Fund and AO accounts are wholly separate and unique from the Social Security system. No amount from any tax on employment may be contributed to the American Opportunity Fund or AO accounts.
Sec. 30513 AO accounts
In general—
Establishment— The Executive Director shall establish in the American Opportunity Fund an account (to be known as an “American Opportunity account” or an “AO account”) for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of a unique personal identifier currently recognized by the Internal Revenue Service and shall remain in the American Opportunity Fund.
Account balance— The balance in an account holder’s AO account at any time is the excess of—
the sum of—
all deposits made into the American Opportunity Fund and credited to the account under paragraph (3); and
the total amount of allocations made to and reductions made in the account pursuant to paragraph (4); over
the amounts paid out of the account with respect to such individual under subsection (c).
Crediting of contributions— Pursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each AO account the amounts paid into the American Opportunity Fund under section 30512(d) which are attributable to the account holder of such account.
Allocation of earnings and losses— The Executive Director shall allocate to each AO account an amount equal to the net earnings and net losses from each investment of sums in the American Opportunity Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director.
Eligible individual— For purposes of this title—
In general— The term eligible individual means any individual who—
was born after December 31, 2003;
has not yet attained the age of 18 years; and
has a valid, unique, Federal Government issued identification number recognized by the Internal Revenue Service.
Certification of account holders—
Automatic certification for certain individuals born after December 31, 2019— On any date after December 31, 2019, on which an eligible individual is issued a social security account number under section 30903(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual.
Other individuals— In the case of an eligible individual who is not certified under subparagraph (A), such individual may request the establishment an AO account under this subparagraph by application to the Executive Director, and the Executive Director shall certify such individual under this subparagraph.
Restrictions on distributions—
Age-related restrictions—
In general— Except as otherwise provided in this paragraph, no amount may be distributed from an AO account before the date on which the account holder attains the age of 18.
Higher education expenses— Subparagraph (A) shall not apply to amounts paid for qualified tuition and related expenses (as defined in section 25A(f)(1) of the Internal Revenue Code of 1986) of the account holder if the account holder is an eligible student (as defined in section 25A(b)(3) of such Code) with respect to such expenses.
Authority to provide higher age limit for certain distributions— The Secretary, in consultation with the American Opportunity Fund Advisory Board, may by regulations provide for a higher age limitation with respects to distributions relating to certain categories of qualified expenses if the Secretary determines that such higher age limitation is appropriate.
Use-related restrictions—
In general— No amount may be distributed from an AO account unless the account holder establishes, under rules established by the Executive Director in consultation with the American Opportunity Fund Advisory Board, that such amount shall be used for a qualified expense.
Qualified expense— For purposes of this subsection—
In general— The term qualified expense means expenses for any of the following:
Education of the account holder.
Ownership of a home by the account holder.
Any expenses paid or incurred on or after the date on which the account holder attains age 59½.
Any other investment in financial assets or personal capital that provides long-term gains to wages and wealth, as established under regulations promulgated by the Secretary, in consultation with the Executive Director and the American Opportunity Fund Advisory Board.
Exception— Such term shall not include any expense described in clause (i) which is paid to a person who does not meet such standards as are prescribed by the Secretary, in consultation with the Executive Director and the American Opportunity Fund Advisory Board.
American Opportunity Account Advisory Board— For purposes of this subsection, the term American Opportunity Fund Advisory Board means an advisory board established by the Secretary consisting of individuals with expertise in savings and asset-building, home financing, education financing, consumer financial protection, and such other areas as the Secretary may determine appropriate.
Sec. 30514 Assignment, alienation, and treatment of deceased individuals
Assignment and alienation— Under regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in AO accounts in the American Opportunity Fund.
Treatment of accounts of deceased individuals— In the case of a deceased account holder of an AO account which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the AO account of such account holder’s surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder.
Sec. 30515 Rules governing AO accounts relating to investment, accounting, and reporting
Investment program— The Secretary shall establish, and the American Opportunity Fund Board shall invest in debt obligations of the United States Government with a term of 30 years.
Independent public accountant—
In general— Under regulations which shall be prescribed by the Executive Director, and subject to the provisions of this title, section 8439(b) of title 5, United States Code (relating to engagement of independent qualified public accountant), shall apply with respect to the American Opportunity Fund and accounts maintained in such Fund in the same manner and to the same extent as such section relates to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund.
Application rules— For purposes of paragraph (1), references in such section 8439(b) to an employee, Member, former employee, or former Member shall be deemed references to an account holder of an AO account in the American Opportunity Fund.
Confidentiality and disclosure—
In general— Except as otherwise authorized by Federal law, the American Opportunity Fund Board, the Executive Director, and any employee of the American Opportunity Fund Board shall not disclose information with respect to the American Opportunity Fund or any account maintained in such Fund.
Disclosure to designee of beneficiary— The Executive Director may, subject to such requirements and conditions as he may prescribe by regulations, disclose such information with respect to the AO account of the beneficiary to such person or persons as the beneficiary may designate in a request for or consent to such disclosure, or to any other person at the beneficiary’s request to the extent necessary to comply with a request for information or assistance made by the beneficiary to such other person.
Sec. 30516 American Opportunity Fund Board
In general— There is established in the executive branch of the Government an American Opportunity Fund Board.
Composition, duties, and responsibilities— Subject to the provisions of this title, the following provisions shall apply with respect to the American Opportunity Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board:
Section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board).
Section 8474 of such title (relating to Executive Director).
Section 8476 of such title (relating to administrative provisions).
Sec. 30517 Fiduciary responsibilities
In general— Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the American Opportunity Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund.
Investigative authority— Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1134) is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a).
Exculpatory provisions; insurance—
In general— Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this title shall be void.
Insurance— Amounts in the American Opportunity Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.
Sec. 30518 Accounts disregarded in determining eligibility for Federal benefits
Amounts in any AO account shall not be taken into account in determining any individual’s or household’s financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid.
Sec. 30519 Reports
Reports to Congress— The Executive Director, in consultation with the Secretary, shall annually transmit a written report to the Congress. Such report shall include—
a detailed description of the status and operation of the American Opportunity Fund and the management of the AO accounts; and
a detailed accounting of the administrative expenses in carrying out this title, including the ratio of such administrative expenses to the balance of the American Opportunity Fund and the methodology adopted by the Executive Director for allocating such expenses among the AO accounts.
Reports to account holders— The American Opportunity Fund Board shall prescribe regulations under which each individual for whom an AO account is maintained shall be furnished with an annual statement relating to the individual’s account, which shall include—
a statement of the balance of individual’s AO account;
a projection of the account’s growth by the time the individual attains the age of 18; and
such other information as the Secretary deems relevant.
Sec. 30520 Programs for promoting financial capability
The Secretary of the Treasury, in coordination with the Financial Literacy and Education Commission, shall develop programs to promote the financial capability of account holders of AO accounts.
Sec. 30521 Tax treatment
Contributions and distributions— Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139G the following new section:
“139H. Contributions to and distributions from AO accounts
“Gross income shall not include—
“(1) any contribution credited to the AO account of the taxpayer under section 30513(a)(3) of the American Opportunity Accounts Act, and
“(2) any distribution from such an AO account.”
Tax treatment of earnings and distributions— Subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:
“IX American Opportunity Fund and AO accounts
“530A. American Opportunity Fund and AO accounts
“(a) General rule—The American Opportunity Fund and AO accounts shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, a AO account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations).
“(b) Definitions—For purposes of this section, the terms American Opportunity Fund and AO account have the meanings given such terms under part I of the American Opportunity Accounts Act.”
Conforming amendments—
The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139G the following new item:
The table of parts for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item:
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2020.
II Revenue provisions
A Estate and gift tax provisions
Sec. 30531 Modification of estate tax rate and basic exclusion amount
Permanent extension of maximum estate tax rate and basic exclusion amount as in effect in 2009—
Maximum estate tax rate— The last row of the table contained in subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended by striking “40 percent” and inserting “45 percent”.
Basic exclusion amount— Paragraph (3) of section 2010(c) of the Internal Revenue Code of 1986 is amended to read as follows:
“(3) Basic exclusion amount—For purposes of this subsection, the basic exclusion amount is $3,500,000.”
Additional taxes for estates over $10,000,000— The table contained in section 2001(c), as amended by subsection (a), is amended—
by inserting “but not over $10,000,000” after “Over $1,000,000” in the last row; and
by adding at the end the following:
Effective date— The amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2019.
Sec. 30532 Required minimum 10-year term, etc., for grantor retained annuity trusts
In general— Subsection (b) of section 2702 is amended—
by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right;
by striking “For purposes of” and inserting the following:
“(1) In general—For purposes of”
by striking “paragraph (1) or (2)” in paragraph (1)(C) (as so redesignated) and inserting “subparagraph (A) or (B)”; and
by adding at the end the following new paragraph:
“(2) Additional requirements with respect to grantor retained annuities—For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if—
“(A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years and not more than the life expectancy of the annuitant plus 10 years,
“(B) such fixed amounts, when determined on an annual basis, do not decrease during the term described in subparagraph (A), and
“(C) the remainder interest has a value, as determined as of the time of the transfer, which is—
“(i) not less than an amount equal to the greater of—
“(I) 25 percent of the fair market value of the property in the trust, or
“(II) $500,000, and
“(ii) not greater than the fair market value of the property in the trust.”
Effective date— The amendments made by this section shall apply to transfers made after the date of the enactment of this Act.
Sec. 30533 Certain transfer tax rules applicable to grantor trusts
In general— Subtitle B is amended by adding at the end the following new chapter:
“16 Special rules for grantor trusts
“2901. Application of transfer taxes
“(a) In general—In the case of any portion of a trust to which this section applies—
“(1) the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner,
“(2) any distribution from such portion to one or more beneficiaries during the life of the deemed owner of such portion shall be treated as a transfer by gift for purposes of chapter 12, and
“(3) if at any time during the life of the deemed owner of such portion, such owner ceases to be treated as the owner of such portion under subpart E of part 1 of subchapter J of chapter 1, all assets attributable to such portion at such time shall be treated for purposes of chapter 12 as a transfer by gift made by the deemed owner.
“(b) Portion of trust to which section applies—This section shall apply to—
“(1) the portion of a trust with respect to which the grantor is the deemed owner, and
“(2) the portion of the trust to which a person who is not the grantor is a deemed owner by reason of the rules of subpart E of part 1 of subchapter J of chapter 1, and such deemed owner engages in a sale, exchange, or comparable transaction with the trust that is disregarded for purposes of subtitle A.
“(c) Exceptions—This section shall not apply to—
“(1) any trust that is includible in the gross estate of the deemed owner (without regard to subsection (a)(1)), and
“(2) any other type of trust that the Secretary determines by regulations or other guidance does not have as a significant purpose the avoidance of transfer taxes.
“(d) Deemed owner defined—For purposes of this section, the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart E of part 1 of subchapter J of chapter 1.
“(e) Reduction for taxable gifts to trust made by owner—The amount to which subsection (a) applies shall be reduced by the value of any transfer by gift by the deemed owner to the trust previously taken into account by the deemed owner under chapter 12.
“(f) Liability for payment of tax—Any tax imposed pursuant to subsection (a) shall be a liability of the trust.”
Clerical amendment— The table of chapters for subtitle B is amended by adding at the end the following new item:
Effective date— The amendments made by this section shall apply—
to trusts created on or after the date of the enactment of this Act;
to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date; and
to any portion of a trust established before the date of the enactment of this Act to which section 2901(a) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies by reason of a transaction described in section 2901(b)(2) of such Code on or after such date.
Sec. 30534 Simplifying gift tax exclusion for annual gifts
by striking paragraph (1) of subsection (b) and inserting the following:
“(1) In general
“(A) Limit per donee—In the case of gifts made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year.
“(B) Cumulative limit per donor
“(i) In general—The aggregate amount excluded under subparagraph (A) with respect to all transfers described in clause (ii) made by the donor during the calendar year shall not exceed $50,000.
“(ii) Transfers subject to limitation—The transfers described in this clause are—
“(I) a transfer in trust (with the exception of any transfer to a trust described in section 2642(c)(2)),
“(II) a transfer of an interest in a passthrough entity,
“(III) a transfer of an interest subject to a prohibition on sale, and
“(IV) any other transfer of property that, without regard to withdrawal, put, or other such rights in the donee, cannot immediately be liquidated by the donee.”
by striking subsection (c).
Conforming amendments—
Subparagraph (B) of section 529(c)(2) of the Internal Revenue Code of 1986 is amended by striking “section 2503(b)” and inserting “section 2503(b)(1)(A).
Clause (i) of section 529A(b)(2)(B) of such Code is amended by striking “section 2503(b)” and inserting “section 2503(b)(1)(A)”.
Paragraph (2) of section 2523(i) of such Code is amended by striking “section 2503(b)” and inserting “section 2503(b)(1)(A)”.
Subsection (c) of such Code of section 2801 is amended by striking “2503(b)” and inserting “2503(b)(1)(A)”.
Regulations— The Secretary of the Treasury, or the Secretary of the Treasury's delegate, may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the amendments made by this section.
Effective date— The amendments made by this section shall apply to any calendar year beginning after the date of the enactment of this Act.
Sec. 30535 Modification of rules for value of certain farm real property
Increase in limitation—
In general— Paragraph (2) of section 2032A(a) of the Internal Revenue Code of 1986 is amended by striking “$750,000” and inserting “$3,000,000”.
Inflation adjustment— Paragraph (3) of section 2032A(a) of such Code is amended—
by striking “1998” and inserting “2020”;
by striking “$750,000” and inserting “$3,000,000” in subparagraph (A); and
by striking “calendar year 1997” and inserting “calendar year 2020” in subparagraph (B).
Qualified use limited to farming purposes—
In general— Section 2032A(b)(2) is amended by striking “the devotion of the property” and all that follows and inserting “the devotion of the property to use as a farm for farming purposes.”.
Conforming amendments—
Subsections (c)(6)(A), (h)(3), and (i)(3) of section 2032A of the such Code are each amended by striking “subparagraph (A) or (B) of”.
The heading of section 2032A of such Code (and the item relating to section 2032A in the table of sections for part III of subchapter A of chapter 11 of such Code) is amended by striking “, etc.,”.
Effective date— The amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2019.
B Reform of taxation of capital income
Sec. 30541 Increase in capital gains rate
In general— Section 1(h)(1)(D) of the Internal Revenue Code of 1986 is amended by striking “20 percent” and inserting “24.2 percent”.
Minimum tax— Section 55(b)(3)(D) of the Internal Revenue Code of 1986 is amended by striking “20 percent” and inserting “24.2 percent”.
Conforming amendments— The following provisions are each amended by striking “20 percent” and inserting “20.4 percent”:
Section 531 of the Internal Revenue Code of 1986.
Section 541 of the Internal Revenue Code of 1986.
Section 1445(e)(1) of the Internal Revenue Code of 1986.
Section 1445(e)(6) of the Internal Revenue Code of 1986.
The second sentence of section 7518(g)(6)(A) of the Internal Revenue Code of 1986.
Section 53511(f)(2) of title 46, United States Code.
Effective dates—
In general— Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2019.
Withholding— The amendments made by paragraphs (3) and (4) of subsection (c) shall apply to amounts paid on or after January 1, 2019.
Sec. 30542 Deemed realization of capital gains at time of gift or death
Treatment as sale—
In general— Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“1261. Gains from certain property transferred by gift or upon death
“(a) In general—Any capital asset which is transferred by gift or upon death shall be treated as sold for its fair market value on the date of such gift, death, or transfer.
“(b) Exceptions
“(1) Tangible property—This section shall not apply to any tangible personal property other than a collectible (as defined in section 408(m) without regard to paragraph (3) thereof).
“(2) Spousal exception—This section shall not apply to any transfer if such transfer is made to the spouse or surviving spouse of the transferor.
“(3) Gifts to charity—This section shall not apply to any transfer if such transfer is made to an organization described in section 170(c).”
Clerical amendment— The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item:
Treatment of basis for gifts and bequests to which tax applies—
Elimination of carryover basis for gifts— Subsection (a) section 1015 of the Internal Revenue Code of 1986 is amended—
by striking “If the property” and inserting the following:
“(1) Gifts before January 1, 2020—If the property”
by inserting “and before January 1, 2020” after “after December 31, 1920”; and
by adding at the end the following new paragraph:
“(2) Gifts after December 31, 2019
“(A) In general—If the property was acquired by gift after December 31, 2019, the basis shall be the fair market value of such property at the time of the gift.
“(B) Special rules for charitable organizations—In the case of any property acquired by an organization described in section 170(c) by gift, subparagraph (A) shall not apply and paragraph (1) shall be applied without regard to the phrase “and before January 1, 2022”.”
Property acquired from decedent spouses— Section 1014 of such Code is amended by adding at the end the following new subsection:
“(g) Property acquired from decedent spouses—In the case of any property acquired from or which has passed from a decedent in a transfer described in section 1041(a)(1), the basis of such property in the hands of the transferee shall be determined under section 1041(b) and not this section.”
Rule for transfers between spouses—
In general— Section 1041(b) of the Internal Revenue Code of 1986 is amended to read as follows:
“(b) Transferee has transferor's basis—In the case of any transfer of property described in subsection (a), the basis of the transferee in the property shall be the adjusted basis of the transferor.”
Conforming amendment— Section 1015(e) of such Code is amended by striking “1041(b)(2)” and inserting “1041(b)”.
Sec. 30543 Exclusion of certain amounts of realized capital gain
In general— Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986, as amended by section 30521, is amended by inserting after section 139H the following new section:
“139I. Exclusion gain from transfers of appreciated assets by gift or at death
“(a) In general—Gross income shall not include so much of the aggregate gain from transfers at death described in 1261(a) of any capital asset as does not exceed $100,000.
“(b) Special rules for real property used for farming
“(1) In general
“(A) Application of section—In the case of qualified real property—
“(i) subsection (a) shall be applied separately to such qualified real property and other property, and
“(ii) in applying subsection (a) to such qualified real property, “the applicable amount” shall be substituted for “$100,000”.
“(B) Applicable amount—For purposes of subparagraph (A), the applicable amount is an amount equal to the sum of—
“(i) $1,000,000, plus
“(ii) the excess (not less than zero) of the amount in effect under subsection (a) over the aggregate amount of gain from transfers at death described in section 1261(a) of capital assets other than qualified real property.
“(2) Imposition of additional tax
“(A) In general—The Secretary shall, by regulations, provide for recapturing the benefit under any exclusion allowable under paragraph (1) with respect to any qualified real property if, within 10 years after the decedent's death and before the death of the qualified heir—
“(i) the qualified heir disposes of any interest in qualified real property (other than by a disposition to a member of his family), or
“(ii) the qualified heir ceases to use for the qualified use the qualified real property which was acquired (or passed) from the decedent.
“(B) Liability—The benefit recaptured under subparagraph (A) shall be recaptured from the qualified heir.
“(3) Definitions—Any term used in this subsection which is also used in section 2032A shall have the meaning given such term under section 2032A.
“(c) Inflation adjustment
“(1) In general—In the case of any taxable year beginning after 2020, the $100,000 amount in subsection (a) and the $1,000,000 in subsection (b)(1)(B)(i) shall each be increased by an amount equal to—
“(A) such dollar amount, multiplied by
“(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof “calendar year 2019” for “calendar year 2016”.
“(2) Rounding
“(A) In general—If the dollar amount in subsection (a), after being increased under paragraph (1), is not a multiple of $10,000, such dollar amount shall be rounded to the next lowest multiple of $10,000.
“(B) Qualified real property—If the dollar amount in subsection (b)(1)(B)(i), after being increased under paragraph (1), is not a multiple of $100,000, such amount shall be rounded to the next lowest multiple of $100,000.”
Clerical amendment— The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after section 139H the following new item:
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2019.
Sec. 30544 Extension of time for payment of tax
Extension of time—
In general— Subpart B of chapter 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
“6168. Extension of time for payment of capital gains on certain assets realized by reason of death
“(a) 15-Year installment payment
“(1) In general—In the case of any gain with respect to an eligible capital asset that is recognized under section 1261 by reason of the death of the taxpayer, the taxpayer may elect to pay part or all of tax imposed on such gain in 2 or more (but not exceeding 15) equal installments.
“(2) Date for payment of installments—If an election is made under paragraph (1), the first installment shall be paid not later than the date on which the tax for the taxable year in which the gain described in paragraph (1) occurs is due, and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment.
“(b) Eligible capital asset—For purposes of this section, the term eligible capital asset means any capital asset other than personal property of a type which is actively traded (within the meaning of section 1092(d)(1)).
“(c) Portion of tax eligible—The amount of tax to which this section applies shall not exceed the excess of—
“(1) the tax computed under chapter 1 (determined after application of section 1261), over
“(2) the tax computed under chapter 1 (determined without regard to section 1261).
“(d) Election—Any election under subsection (a) shall be made not later than the time prescribed by section 6072 for filing the return of tax imposed under chapter 1 (including extensions thereof), and shall be made in such manner as the Secretary shall by regulations prescribe. If an election under subsection (a) is made, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of the tax.
“(e) Proration of deficiency to installments—If an election is made under subsection (a) to pay any part of the tax imposed under chapter 1 in installments and a deficiency has been assessed, the deficiency shall (subject to the limitation provided by subsection (a)(2)) be prorated to the installments payable under subsection (a). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
“(f) Time for payment of interest—If the time for payment of any amount of tax has been extended under this section, interest payable under section 6601 on any unpaid portion shall be paid annually at the same time as, and as part of, each installment payment of the tax.
“(g) Regulations—The Secretary shall prescribe such regulations as may be necessary to the application of this section.
“(h) Cross References
“(1) Security—For authority of the Secretary to require security in the case of an extension under this section, see section 6165.
“(2) Interest—For provisions relating to interest on tax payable in installments under this section, see subsection (k) of section 6601.”
Clerical amendment— The table of sections for subpart B of chapter 62 is amended by adding at the end the following new item:
Interest— Section 6601 of the Internal Revenue Code of 1986 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection:
“(k) Special rate for tax extended under section 6168—If the time for payment of an amount of tax imposed by chapter 11 is extended as provided in section 6168, in lieu of the annual rate provided by subsection (a), interest shall be paid at a rate equal to 45 percent of the annual rate provided by subsection (a). For purposes of this subsection, the amount of any deficiency which is prorated to installments payable under section 6168 shall be treated as an amount of tax payable in installments under such section.”
Sec. 30545 Waiver of penalty for underpayment of estimated tax
Section 6654(e)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:
“(C) Capital gains payable upon death—No addition to tax shall be imposed under subsection (a) with respect to any underpayment if the taxpayer died during the taxable year and the Secretary determines that the amount of the underpayment is due to capital gains that were realized by reason of section 1261.”
Sec. 30546 Effective date
Except as otherwise provided, the amendments made by this subtitle shall apply to transfers after December 31, 2019, in taxable years beginning after such date.
F Low-Income Water Customer Assistance Programs
Sec. 30601 Short title
This subtitle may be cited as the “Low-Income Water Customer Assistance Programs Act of 2020”.
Sec. 30602 Low-income drinking water assistance pilot program
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following:
“1459E. Low-income drinking water assistance pilot program
“(a) Definitions—In this section:
“(1) Eligible entity—The term eligible entity means a municipality or public entity that owns or operates a community water system.
“(2) Household—The term household means any individual or group of individuals who are living together as 1 economic unit.
“(3) Low-income household—The term low-income household means a household—
“(A) in which 1 or more individuals are receiving—
“(i) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
“(ii) supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
“(iii) supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
“(iv) payments under—
“(I) section 1315, 1521, 1541, or 1542 of title 38, United States Code; or
“(II) section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
“(B) that has an income that, as determined by the State in which the household is located, does not exceed the greater of—
“(i) an amount equal to 150 percent of the poverty level; and
“(ii) an amount equal to 60 percent of the State median income for that State.
“(4) Poverty level—The term poverty level means, with respect to a household in a State, the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget, as applicable to the State.
“(5) Small community-serving eligible entity—The term small community-serving eligible entity means an eligible entity that provides drinking water services to a city, county, or municipality with a population of fewer than 10,000 residents, at least 20 percent of whom are at or below the Federal poverty level.
“(6) State median income—The term State median income has the meaning given the term in section 2603 of Public Law 97–35 (42 U.S.C. 8622).
“(b) Establishment
“(1) In general—The Administrator shall establish a pilot program to award grants to not fewer than 32 eligible entities in accordance with paragraph (2) to develop and implement programs to assist low-income households in maintaining access to affordable drinking water.
“(2) Requirements
“(A) In general—The Administrator shall award grants under the pilot program described in paragraph (1) to—
“(i) not fewer than 8 eligible entities that provide drinking water services to a population of 1,000,000 or more residents;
“(ii) not fewer than 8 eligible entities that provide drinking water services to a population of 100,000 or more, but fewer than 1,000,000, residents;
“(iii) not fewer than 8 eligible entities that provide drinking water services to a population of 10,000 or more, but fewer than 100,000, residents;
“(iv) subject, as applicable, to subparagraph (B), not fewer than 8 eligible entities that provide drinking water services to a population of fewer than 10,000 residents; and
“(v) not more than 2 eligible entities in each State.
“(B) Small community-serving eligible entities—To be eligible to receive a grant under the pilot program under this subsection, a small community-serving eligible entity shall enter into a memorandum of understanding with the State in which the small community-serving eligible entity is located, under which the State shall—
“(i) submit to the Administrator an application under paragraph (6) on behalf of the small community-serving eligible entity; and
“(ii) on receipt of a grant under the pilot program, administer the low-income household assistance program developed by the small community-serving eligible entity.
“(3) Limitations
“(A) Use—A grant awarded under the pilot program—
“(i) shall not be used to replace funds for any existing similar program; but
“(ii) may be used to supplement or enhance an existing program.
“(B) Grants under multiple programs—An eligible entity—
“(i) may apply for a grant under the pilot program and under the low-income wastewater assistance pilot program established under section 124(b)(1) of the Federal Water Pollution Control Act; but
“(ii) may be awarded a grant under only 1 of the programs described in clause (i).
“(4) Term—The term of a grant awarded under the pilot program shall be 5 years.
“(5) Minimum program requirements
“(A) In general—Not later than 2 years after the date of enactment of this section, the Administrator shall develop, in consultation with all relevant stakeholders, the minimum requirements for a program carried out by an eligible entity (or a State, on behalf of a small community-serving eligible entity) using a grant under this subsection.
“(B) Inclusions—The program requirements developed under subparagraph (A) may include—
“(i) direct financial assistance;
“(ii) a lifeline rate;
“(iii) bill discounting;
“(iv) special hardship provisions;
“(v) a percentage-of-income payment plan; or
“(vi) water efficiency assistance, including direct installation of water efficient fixtures and leak repair, which may be completed through a contracted third party.
“(C) Assistance exempt from taxation—Notwithstanding any other provision of law, assistance provided to a low-income household under a program carried out by an eligible entity (or a State, on behalf of a small community-serving eligible entity) using a grant under this subsection shall be exempt from income tax under the Internal Revenue Code of 1986.
“(6) Application—To receive a grant under this subsection, an eligible entity (or a State, on behalf of a small community-serving eligible entity) shall submit to the Administrator an application that demonstrates that—
“(A) the proposed program of the eligible entity or small community-serving eligible entity, as applicable, meets the requirements developed under paragraph (5)(A);
“(B) the proposed program of the eligible entity or small community-serving eligible entity, as applicable, will treat owners and renters equitably;
“(C) the eligible entity or small community-serving eligible entity, as applicable, has, to fund the activities necessary to achieve or maintain compliance with this Act—
“(i) a long-term financial plan based on a rate analysis;
“(ii) an asset management plan;
“(iii) a capital improvement plan with a period of not less than 20 years;
“(iv) a fiscal management plan; or
“(v) another plan similar to the plans described in clauses (i) through (iv);
“(D) a grant awarded under this subsection would support the efforts of the eligible entity or the small community-serving entity, as applicable, to generate the necessary funds to achieve or maintain compliance with this title while mitigating the cost to low-income households; and
“(E) the eligible entity or the small community-serving entity, as applicable, has the capacity to create and implement an effective community outreach plan to inform eligible customers of the program and assist with enrollment.
“(7) Priority—In awarding grants under this subsection, the Administrator shall give priority to eligible entities or small community-serving eligible entities, as applicable—
“(A) that—
“(i) in addition to owning or operating community water systems, own or operate 1 or more—
“(I) publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292));
“(II) municipal wastewater treatment systems; or
“(III) municipal separate stormwater sewer systems; and
“(ii) are subject to consent decrees relating to compliance with the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) for a facility described in clause (i);
“(B) the residential customers of which have experienced rate or fee increases for wastewater, stormwater, or drinking water services that is greater than or equal to 30 percent during the 3-year period ending on the date of enactment of this section; or
“(C) that—
“(i) develop an equivalent program, as determined by the Administrator, that is administered separately by the eligible entity or small community-serving eligible entity, as applicable; or
“(ii) provide matching funds equal to or greater than the amount of the grant from—
“(I) the applicable State or unit of local government; or
“(II) a State-sponsored nonprofit organization or private entity.
“(8) Lower income limit—For purposes of this section, an eligible entity (or a State, on behalf of a small community-serving eligible entity) may adopt an income limit that is lower than the limit described in subsection (a)(3)(B), except that the eligible entity or State, respectively, may not exclude a household from eligibility in a fiscal year based solely on household income if that income is less than 110 percent of the poverty level.
“(9) Reporting requirements
“(A) In general—In addition to any other applicable Federal or agency-specific grant reporting requirements, as a condition of receiving a grant under this subsection, an eligible entity (or a State, on behalf of a small community-serving eligible entity) shall submit to the Administrator an annual report that summarizes, in a manner determined by the Administrator, the low-income household assistance program developed by the eligible entity or small community-serving eligible entity, as applicable, using the grant, including—
“(i) key features, including rate structures, rebates, discounts, and related initiatives that assist households, including—
“(I) budget billing;
“(II) bill timing; and
“(III) pretermination protections;
“(ii) sources of funding;
“(iii) eligibility criteria;
“(iv) participation rates by eligible households;
“(v) the monetary benefit per participant;
“(vi) program costs;
“(vii) the demonstrable impacts of the program on arrearage and service disconnection for residential customers, based on data from before and after the implementation of the pilot program, to the maximum extent practicable;
“(viii) the outreach and stakeholder process used by the eligible entity or small community-serving eligible entity, as applicable, to design the program, including—
“(I) the selection process for any stakeholder committee members; and
“(II) the number and location of community outreach events;
“(ix) the methods used to enroll customers, including the outreach plan and the status of implementation of that outreach plan; and
“(x) other relevant information required by the Administrator.
“(B) Publication—The Administrator shall publish each report submitted under subparagraph (A).
“(c) Technical assistance—The Administrator shall provide technical assistance to each eligible entity, and each State, on behalf of a small community-serving eligible entity, that receives a grant under this section to ensure—
“(1) full implementation of the pilot program; and
“(2) maximum enrollment of low-income households, including through—
“(A) community outreach campaigns;
“(B) coordination with local health departments to determine the eligibility of households for assistance; or
“(C) a combination of the campaigns and coordination described in subparagraphs (A) and (B).
“(d) Report—Not later than 2 years after the date on which grant funds are first disbursed to an eligible entity (or a State, on behalf of a small community-serving eligible entity) under this section, and every year thereafter for the duration of the terms of the grants, the Administrator shall submit to Congress a report on the results of the pilot program established under this section.”
Sec. 30603 Low-income wastewater 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 wastewater assistance pilot program
“(a) Definitions—In this section:
“(1) Eligible entity—The term eligible entity means—
“(A) a municipality or public entity that owns or operates—
“(i) a publicly owned treatment works;
“(ii) a municipal wastewater treatment system; or
“(iii) a municipal separate stormwater sewer system; and
“(B) 2 or more municipalities or public entities described in subparagraph (A) that have entered into a partnership agreement or a cooperative agreement.
“(2) Household—The term household means any individual or group of individuals who are living together as 1 economic unit.
“(3) Low-income household—The term low-income household means a household—
“(A) in which 1 or more individuals are receiving—
“(i) assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
“(ii) supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
“(iii) supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
“(iv) payments under—
“(I) section 1315, 1521, 1541, or 1542 of title 38, United States Code; or
“(II) section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
“(B) that has an income that, as determined by the State in which the household is located, does not exceed the greater of—
“(i) an amount equal to 150 percent of the poverty level; and
“(ii) an amount equal to 60 percent of the State median income for that State.
“(4) Poverty level—The term poverty level means, with respect to a household in a State, the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget, as applicable to the State.
“(5) Small community-serving eligible entity—The term small community-serving eligible entity means an eligible entity that provides wastewater or municipal stormwater services to a city, county, or municipality with a population of fewer than 10,000 residents, at least 20 percent of whom are at or below the Federal poverty level.
“(6) State median income—The term State median income has the meaning given the term in section 2603 of Public Law 97–35 (42 U.S.C. 8622).
“(b) Establishment
“(1) In general—The Administrator shall establish a pilot program to award grants to not fewer than 32 eligible entities in accordance with paragraph (2) to develop and implement programs to assist low-income households in maintaining access to affordable wastewater or municipal stormwater services.
“(2) Requirements
“(A) In general—The Administrator shall award grants under the pilot program described in paragraph (1) to—
“(i) not fewer than 8 eligible entities that provide wastewater services, stormwater services, or both to a population of 1,000,000 or more residents;
“(ii) not fewer than 8 eligible entities that provide wastewater services, stormwater services, or both to a population of 100,000 or more, but fewer than 1,000,000, residents;
“(iii) not fewer than 8 eligible entities that provide wastewater services, stormwater services, or both to a population of 10,000 or more, but fewer than 100,000, residents;
“(iv) subject, as applicable, to subparagraph (B), not fewer than 8 eligible entities that provide wastewater services, stormwater services, or both to a population of fewer than 10,000 residents; and
“(v) not more than 2 eligible entities in each State.
“(B) Small community-serving eligible entities—To be eligible to receive a grant under the pilot program under this subsection, a small community-serving eligible entity shall enter into a memorandum of understanding with the State in which the small community-serving eligible entity is located, under which the State shall—
“(i) submit to the Administrator an application under paragraph (6) on behalf of the small community-serving eligible entity; and
“(ii) on receipt of a grant under the pilot program, administer the low-income household assistance program developed by the small community-serving eligible entity.
“(3) Limitations
“(A) Use—A grant awarded under the pilot program—
“(i) shall not be used to replace funds for any existing similar program; but
“(ii) may be used to supplement or enhance an existing program.
“(B) Grants under multiple programs—An eligible entity—
“(i) may apply for a grant under the pilot program and under the low-income drinking water assistance pilot program established under section 1459E(b)(1) of the Safe Drinking Water Act; but
“(ii) may be awarded a grant under only 1 of the programs described in clause (i).
“(4) Term—The term of a grant awarded under the pilot program shall be 5 years.
“(5) Minimum program requirements
“(A) In general—Not later than 2 years after the date of enactment of this section, the Administrator shall develop, in consultation with all relevant stakeholders, the minimum requirements for a program to be carried out by an eligible entity (or a State, on behalf of a small community-serving eligible entity) using a grant under this subsection.
“(B) Inclusions—The program requirements developed under subparagraph (A) may include—
“(i) direct financial assistance;
“(ii) a lifeline rate;
“(iii) bill discounting;
“(iv) special hardship provisions;
“(v) a percentage-of-income payment plan; or
“(vi) water efficiency assistance, including direct installation of water efficient fixtures and leak repair, which may be completed through a contracted third party.
“(C) Assistance exempt from taxation—Notwithstanding any other provision of law, assistance provided to a low-income household under a program carried out by an eligible entity (or a State, on behalf of a small community-serving eligible entity) using a grant under this subsection shall be exempt from income tax under the Internal Revenue Code of 1986.
“(6) Application—To receive a grant under this subsection, an eligible entity (or a State, on behalf of a small community-serving eligible entity) shall submit to the Administrator an application that demonstrates that—
“(A) the proposed program of the eligible entity or small community-serving eligible entity, as applicable, meets the requirements developed under paragraph (5)(A);
“(B) the proposed program of the eligible entity or small community-serving eligible entity, as applicable, will treat owners and renters equitably;
“(C) the eligible entity or small community-serving eligible entity, as applicable, has, to fund the activities necessary to achieve or maintain compliance with this Act—
“(i) a long-term financial plan based on a rate analysis;
“(ii) an asset management plan;
“(iii) a capital improvement plan with a period of not less than 20 years;
“(iv) a fiscal management plan; or
“(v) another plan similar to the plans described in clauses (i) through (iv);
“(D) a grant awarded under this subsection would support the efforts of the eligible entity or the small community-serving entity, as applicable, to generate the necessary funds to achieve or maintain compliance with this title while mitigating the cost to low-income households; and
“(E) the eligible entity or the small community-serving entity, as applicable, has the capacity to create and implement an effective community outreach plan to inform eligible customers of the program and assist with enrollment.
“(7) Priority—In awarding grants under this subsection, the Administrator shall give priority to eligible entities or small community-serving eligible entities, as applicable—
“(A) that are affected by consent decrees relating to compliance with this Act;
“(B) the residential customers of the eligible entity or small community-serving eligible entity, as applicable, have experienced a rate or fee increase for wastewater, stormwater, or drinking water services that is greater than or equal to 30 percent during the 3-year period ending on the date of enactment of this section;
“(C) that—
“(i) develop an equivalent program, as determined by the Administrator, that is administered separately by the eligible entity or small community-serving eligible entity, as applicable; or
“(ii) provide matching funds equal to or greater than the amount of the grant from—
“(I) the applicable State or unit of local government; or
“(II) a State-sponsored nonprofit organization or private entity; or
“(D) that are described in subsection (a)(1)(B).
“(8) Lower income limit—For purposes of this section, an eligible entity (or a State, on behalf of a small community-serving eligible entity) may adopt an income limit that is lower than the limit described in subsection (a)(3)(B), except that the eligible entity or State, respectively, may not exclude a household from eligibility in a fiscal year based solely on household income if that income is less than 110 percent of the poverty level.
“(9) Reporting requirements
“(A) In general—In addition to any other applicable Federal or agency-specific grant reporting requirements, as a condition of receiving a grant under this subsection, an eligible entity (or a State, on behalf of a small community-serving eligible entity) shall submit to the Administrator an annual report that summarizes, in a manner determined by the Administrator, the low-income household assistance program developed by the eligible entity or small community-serving eligible entity, as applicable, using the grant amount, including—
“(i) key features, including rate structures, rebates, discounts, and related initiatives that assist households, including—
“(I) budget billing;
“(II) bill timing; and
“(III) pretermination protections;
“(ii) sources of funding;
“(iii) eligibility criteria;
“(iv) participation rates by eligible households;
“(v) the monetary benefit per participant;
“(vi) program costs;
“(vii) the demonstrable impacts of the program on arrearage and service disconnection for residential customers, based on data from before and after the implementation of the pilot program, to the maximum extent practicable;
“(viii) the outreach and stakeholder process used by the eligible entity or small community-serving eligible entity, as applicable, to design the program, including—
“(I) the selection process for any stakeholder committee members; and
“(II) the number and location of community outreach events;
“(ix) the methods used to enroll customers, including the outreach plan and the status of implementation of that outreach plan; and
“(x) other relevant information required by the Administrator.
“(B) Publication—The Administrator shall publish each report submitted under subparagraph (A).
“(c) Technical assistance—The Administrator shall provide technical assistance to each eligible entity, and each State, on behalf of a small community-serving eligible entity, that receives a grant under this section to ensure—
“(1) full implementation of the pilot program; and
“(2) maximum enrollment of low-income households, including through—
“(A) community outreach campaigns;
“(B) coordination with local health departments to determine the eligibility of households for assistance; or
“(C) a combination of the campaigns and coordination described in subparagraphs (A) and (B).
“(d) Report—Not later than 2 years after the date on which grant funds are first disbursed to an eligible entity (or a State, on behalf of a small community-serving eligible entity) under this section, and every year thereafter for the duration of the terms of the grants, the Administrator shall submit to Congress a report on the results of the pilot program established under this section.”
Sec. 30604 Needs assessment for nationwide rural and urban low-income community water assistance program
Definitions— In this section:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
Low-income household— The term low-income household means a household—
in which 1 or more individuals are receiving—
assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
payments under—
section 1315, 1521, 1541, or 1542 of title 38, United States Code; or
section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
that has an income that, as determined by the State in which the household is located, does not exceed the greater of—
an amount equal to 150 percent of the poverty level; and
an amount equal to 60 percent of the State median income for that State.
Poverty level— The term poverty level means, with respect to a household in a State, the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget, as applicable to the State.
State median income— The term State median income has the meaning given the term in section 2603 of Public Law 97–35 (42 U.S.C. 8622).
Study; report—
In general— Not later than 4 years after the date of enactment of this Act, the Administrator shall conduct, and submit to Congress a report describing the results of, a study regarding the prevalence throughout the United States of low-income households that do not have access to—
affordable and functional centralized or onsite wastewater services that protect the health of individuals in the households;
affordable municipal stormwater services; or
affordable public drinking water services to meet household needs.
Inclusions— The report under paragraph (1) shall include—
recommendations of the Administrator regarding the best methods to increase access to affordable and functional centralized and onsite wastewater, stormwater, and drinking water services;
a description of the cost of each method described in subparagraph (A);
with respect to the development of the report, a consultation with all relevant stakeholders; and
a description of the results of the study with respect to low-income renters who do not receive bills for wastewater, stormwater, and drinking water services but pay for the services indirectly through rent payments.
Agreements— The Administrator may enter into an agreement with another Federal agency to carry out the study under paragraph (1).
G Worker Relief and Credit Reform
Sec. 30701 Short title
This subtitle may be cited as the “Worker Relief and Credit Reform Act of 2020” or as the “WRCR Act of 2020”.
Sec. 30702 Expansion and improvement of earned income tax credit
Application to students—
In general— Section 32(c)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by inserting “who is a qualifying student or” after “any individual”.
Qualifying student— Section 32(c) of such Code is amended by redesignating paragraph (4) as paragraph (5) and inserting after paragraph (3) the following new paragraph:
“(4) Qualifying student
“(A) In general—The term qualifying student means, with respect to any taxable year, any individual who—
“(i) is an eligible student (as defined in section 25A(b)(3)) with respect to at least one academic period beginning during such taxable year,
“(ii) either—
“(I) qualifies for a Federal Pell Grant with respect to such academic period, or
“(II) meets the requirements of subparagraph (B) or (C) for the taxable year, and
“(iii) is not a dependent for whom a deduction is allowable under section 151 to another taxpayer for any taxable year beginning in the same calendar year as such taxable year.
“(B) Independent students—In the case of any independent student, the requirements of this subparagraph are met for such taxable year if the household income of the taxpayer is less than 300 percent of the poverty line for the size of the family involved for the taxable year.
“(C) Other students
“(i) In general—In the case of any individual who is not an independent student, the requirements of this subparagraph are met for such taxable year if the aggregate household incomes of all the individual’s specified supporters (and the taxpayer if not otherwise taken into account) for the taxable years of such supporters which end in or with the calendar year in which such individual’s taxable year begins is less than 300 percent of the poverty line for the size of the family involved (determined on a single aggregate basis) for the taxable year.
“(ii) Specified supporter—The term specified supporter means, with respect to any individual described in clause (i), any taxpayer with respect to whom such individual was a dependent for any taxable year ending in the 3-year period described in subparagraph (D)(i).
“(D) Independent student defined
“(i) In general—The term independent student means any individual if such individual was not a dependent of another taxpayer for any taxable year ending in the 3-year period which ends on the first day of the first academic period with respect to which such individual is an eligible student (as defined in section 25A(b)(3)).
“(ii) Certain academic periods disregarded—An academic period shall be disregarded under clause (i) if such academic period ends more than 2 years before the beginning of the next academic period with respect to which the individual is an eligible student (as defined in section 25A(b)(3)).
“(E) Other definitions
“(i) Household income—The term household income has the meaning given such term in section 36B(d)(2).
“(ii) Poverty line—The term poverty line has the meaning given such term in section 36B(d)(3)(A).
“(iii) Family size—The family size involved with respect to any taxpayer shall be determined under rules similar to the rules of section 36B(d)(1).”
Conforming amendment— Section 32(c)(1)(A)(ii) of such Code is amended by striking “any other individual who does not have a qualifying child” and inserting “any individual not described in clause (i)”.
Modification of age requirements— Section 32(c)(1)(A)(ii)(II) of such Code is amended by striking “has attained age 25 but not attained age 65” and inserting “has attained age 18”.
Care-Giving and learning taken into account as compensated work— Section 32(a) of such Code is amended by adding at the end the following new paragraph:
“(3) Special rule for qualifying students and certain individuals with one or more qualifying dependents—For purposes of paragraph (1), any individual—
“(A) who is a qualifying student, or
“(B) who has a qualifying dependent,”
Treatment of certain qualifying relatives—
In general— Section 32(c)(3) of such Code is amended by striking all that precedes subparagraph (B) and inserting the following:
“(3) Qualifying dependent
“(A) In general—The term qualifying dependent means—
“(i) a qualifying child of the taxpayer, as defined in section 152(c), determined—
“(I) by substituting “12” for “19” in paragraph (3)(A)(i) thereof, and
“(II) without regard to paragraphs (1)(D) and (3)(A)(ii) thereof and section 152(e),
“(ii) any individual who is physically or mentally incapable of caring for himself or herself (within the meaning of section 21(b)(1)) and who—
“(I) is the taxpayer’s spouse, or
“(II) is a qualifying relative of the taxpayer, as defined in section 152(d), determined without regard to paragraph (1)(B) thereof and by treating an individual as a qualifying child of the taxpayer for purposes of paragraph (1)(D) thereof only if such individual is a qualifying child of the taxpayer as determined under clause (i) of this subparagraph, or
“(iii) any qualifying relative of the taxpayer (as defined in section 152(d), determined without regard to paragraph (1)(B) thereof) who has attained age 65 as of the close of the calendar year in which the taxable year of the taxpayer begins.”
Conforming amendments—
Section 32(c)(1)(A)(i) of such Code are each amended by striking “qualifying child” and inserting “qualifying dependent”.
Section 32(c)(1)(B) of such Code is amended—
by striking “qualifying child” and inserting “qualifying dependent”, and
by striking “child” in the heading and inserting “dependent”.
Section 32(c)(1)(F) of such Code is amended—
by striking “qualifying children” and inserting “qualifying dependents”,
by striking “qualifying child” and inserting “qualifying dependent”, and
by striking “qualifying child” in the heading and inserting “qualifying dependent”.
Section 32(c)(3)(D)(i) of such Code is amended by striking “qualifying child” both places it appears and inserting “qualifying dependent”.
Modification of percentages and amounts—
100 percent credit percentage— Paragraph (1) and paragraph (2)(A) of section 32(a) of such Code are each amended by striking “the credit percentage of”.
20 percent phaseout percentage— Section 32(a)(2)(B) of such Code is amended by striking “the phaseout percentage” and inserting “20 percent”.
Modification of earned income and phaseout amounts— Section 32(b) of such Code is amended to read as follows:
“(b) Earned income amount; phaseout amount—For purposes of this section—
“(1) Earned income amount—The term earned income amount means $4,000 (twice such amount in the case of a joint return).
“(2) Phaseout amount—The term phaseout amount means $30,000 ($50,000 in the case of a joint return).
“(3) Inflation adjustment—In the case of any taxable year beginning after 2019, the $4,000 amount in paragraph (1) and each dollar amount in paragraph (2) shall be increased by an amount equal to—
“(A) such dollar amount, multiplied by
“(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “2018” for “2016” in subparagraph (A)(ii) thereof.”
Conforming amendments—
Section 32(i) of such Code is amended by adding at the end the following new paragraph:
“(3) Inflation adjustment
“(A) In general—In the case of any taxable year beginning after 2018, the $2,200 amount in subsection (i)(1) shall be increased by an amount equal to—
“(i) such dollar amount, multiplied by
“(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “1995” for “2016” in subparagraph (A)(ii) thereof.
“(B) Rounding—If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.”
Section 32 of such Code is amended by striking subsection (j).
Increased credit for certain unmarried individuals with 2 or more qualifying children—
In general— Section 32 of such Code is amended by inserting after subsection (f) the following new subsection:
“(g) Increased credit for certain unmarried individuals with 2 or more qualifying children
“(1) In general—In the case of a qualified individual, the amount of the credit otherwise determined under subsection (a) shall be increased by the amount of the credit determined under this section as such section was in effect for taxable years beginning in 2018 but with the modifications described in paragraph (2).
“(2) Modifications—Solely for purposes of determining the increase under paragraph (1)—
“(A) Credit percentage—The credit percentage shall be equal to—
“(i) in the case of a qualified individual with 2 qualifying children, 12.5 percent, and
“(ii) in the case of a qualified individual with 3 or more qualifying children, 18.75 percent.
“(B) Phaseout percentage—The phaseout percentage shall be equal to 5 percent.
“(C) Application of inflation adjustment—Section 32(j) as in effect for taxable years beginning in 2018 shall be applied by taking into account the taxable year for which the increase under paragraph (1) is determined.
“(3) Qualified individual—For purposes of this subsection, the term qualified individual means any individual who—
“(A) is not married (as determined under section 7703), and
“(B) has 2 or more qualifying children.
“(4) Qualifying child—For purposes of this subsection, the term qualifying child means a child described in subsection (c)(3)(A)(i) determined without regard to subclause (I) thereof.”
Advance payment—
In general— Chapter 77 of such Code is amended by adding at the end the following new section:
“7529. Advance payment of earned income credit; earned income savings accounts
“(a) In general—Not later that the date that is 2 years after the date of the enactment of this section, the Secretary shall establish a program for making direct advance monthly payments of the credit allowable under section 32 to taxpayers who elect to receive such payments.
“(b) Limitation—The aggregate monthly payments made under subsection (a) with respect to any taxpayer for any taxable year shall not exceed 75 percent of the estimated amount of the credit allowable under section 32 to such taxpayer for such taxable year.
“(c) Election—The election under subsection (a) may be made or changed for subsequent periods at any time during the taxable year. In the case of an election made after the beginning of a taxable year, the monthly advance payments shall be made for months beginning after the date that such election becomes effective and the total amount of advance payments (subject to the limitation of subsection (b)) shall be prorated among the remaining months.
“(d) Method of payment—The program established under subsection (a) shall include an option for taxpayers to elect to receive payments under such program by prepaid debit card.
“(e) Reports to taxpayers
“(1) In general—With respect to payments made under this section for any calendar year, not later than January 31 of the following calendar year, the Secretary shall issue a statement to each individual with respect to whom payments were made under this section setting forth—
“(A) the name, address, and TIN of such person,
“(B) the aggregate amount of payments made under this section with respect to such person for such calendar year,
“(C) a statement that such individual is required to file a return of tax with respect to taxable years which include any portion of such calendar year regardless of whether such individual has income tax liability with respect to such taxable years, and
“(D) such other information as the Secretary may provide.
“(2) Election to receive statement through on-line portal—A taxpayer may elect to receive the statement described in paragraph (1) through the on-line portal described in subsection (f).
“(f) Recapture of excess payments—If the aggregate payments made to any taxpayer under subsection (a) with respect to any taxable year exceed the credit allowed under section 32 (determined without regard to subsection (h) thereof) with respect to such taxpayer for such taxable year, the tax imposed by chapter 1 with respect to such taxpayer for such taxable year shall be increased by such excess.
“(g) Restriction on allowance of advance payment if excess payments not repaid—In the case of a taxpayer who fails to pay any tax liability which includes an increase determined under subsection (f) before the date on which payment of such tax is due, no payment shall be made under subsection (a) to such taxpayer during the period beginning on such date and ending with the 2-year period which begins on the date that such tax liability (and any interest or penalties in connection with such liability) has been paid in full.”
Coordination with credit— Section 32 of such Code, as amended by subsection (f), is amended by inserting after subsection (g) the following new subsection:
“(h) Coordination with advance payment of credit—With respect to any taxable year, the amount which would (but for this subsection) be allowed as a credit to the taxpayer under this section shall be reduced (but not below zero) by the aggregate payments made under section 7529 to such taxpayer for such taxable year.”
One-on-one consultations— The Secretary of the Treasury (or the Secretary’s delegate) shall ensure that in person, telephonic, and virtual one-on-one consultations between taxpayers and the Internal Revenue Service are available to assist taxpayers at all times during regular business hours (and, in the case of in person consultations, at all taxpayer assistance centers of the Internal Revenue Service) in determining—
their eligibility for the advance payment program established under section 7529,
the amount of the monthly payment for which the taxpayer is eligible under such program,
the circumstances or changes in circumstances which, based on the particular characteristics of such taxpayer, are most likely to result in excess payments to such taxpayer which would be subject to recapture under section 7529(f), and
such other matters as such Secretary or delegate determines appropriate.
On-line portal— The Secretary of the Treasury (or the Secretary’s delegate) shall establish an on-line portal which allows taxpayers to—
elect to receive advance monthly payment under section 7529, including determining the estimated amount described in subsection (b) of such section and determining the amount of such monthly payments,
report changes in circumstances and modify the amount of future advance monthly payments under such section, and
stop future advance monthly payments under such section and pay back any advance monthly payments.
Clerical amendment— The table of sections for chapter 77 of such Code is amended by adding at the end the following new item:
Outreach pilot program—
In general— Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s designee) shall establish a program to educate taxpayers regarding the availability of the earned income tax credit and the advance monthly payment of such credit. Pursuant to such program—
EITC educational letters— The Secretary (or designee) shall provide a written notice describing the earned income tax credit, the qualifications for receiving such credit, and the program for the advance payment of such credit to each taxpayer that the Secretary (or designee) determines is likely to qualify for such credit.
District office workshops— Each district office of the Internal Revenue Service shall provide workshops and seminars to assist and educate taxpayers regarding the earned income tax credit and the program to provide advance monthly payments of such credit.
Quarterly reminders— The Internal Revenue Service shall provide written reminders each calendar quarter to taxpayers participating in the program to provide advance monthly payments of the earned income tax credit that the amount of such payments are determined on the basis of estimates based on information previously provided by the taxpayer, that the taxpayer is responsible for repaying any amounts received which are in excess of the actual amount of the earned income tax credit, and that the taxpayer should review all the facts and circumstances that may affect the amount of the earned income tax credit of the taxpayer which the taxpayer is receiving in advance.
Termination— The program established under paragraph (1) shall terminate at the close of the 10-year period beginning on the date that such program is established by the Secretary (or designee).
Report on effectiveness of program— On the date which is 5 years after the establishment of the program under paragraph (1), the Secretary shall submit to Congress a report evaluating the effectiveness of the program, including a detailed examination of the effectiveness of each of the initiatives described in subparagraphs (A), (B), and (C) of paragraph (1).
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2021.
H School Modernization and Efficient Access to Lunches for Students
Sec. 30801 Short title
This subtitle may be cited as the “School Modernization and Efficient Access to Lunches for Students Act of 2020” or the “School MEALS Act of 2020”.
Sec. 30802 Expanding direct certification
Section 9(b)(4)(F)(iii)(II)(bb) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)(F)(iii)(II)(bb)) is amended by inserting “in not more than 3 school years” after “measures”.
Sec. 30803 Direct certification improvement grants and technical assistance
Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following:
“(16) Direct certification improvement grants and technical assistance
“(A) Definitions—In this paragraph:
“(i) Eligible entity—The term eligible entity means—
“(I) a State agency; and
“(II) a Tribal organization.
“(ii) Indian Tribe—The term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(iii) Rate of direct certification—The term rate of direct certification means the percentage of children eligible for direct certification under paragraphs (4) and (5) for a school year that were directly certified under those paragraphs for that school year.
“(iv) Tribal organization—The term Tribal organization has the meaning given the term tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(B) Grants
“(i) In general—The Secretary shall provide grants to eligible entities that administer the school lunch program under this Act to improve the rate of direct certification in the State in which the eligible entity is located.
“(ii) Priority—In providing grants under clause (i), the Secretary shall give priority to States and Tribal organizations with the lowest rates of direct certification.
“(iii) Use of funds—An eligible entity that receives a grant under clause (i) shall use the grant funds to pay costs relating to improving the rate of direct certification in the State or Indian Tribe, as applicable, including the cost of—
“(I) improving technology relating to direct certification;
“(II) providing technical assistance to local educational agencies;
“(III) newly implementing or revising a direct certification system or process in the State (including at local educational agencies in the State) or Indian Tribe, including the cost of equipment; and
“(IV) coordinating with multiple public benefits programs to increase the rate of direct certification, including by conducting feasibility studies and demonstration projects under section 18(c).
“(C) Food Distribution Program on Indian reservations
“(i) In general—The Secretary shall provide grants to States and Tribal organizations administering the food distribution program on Indian reservations under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b))—
“(I) in the case of a Tribal organization, if applicable, to establish a rate of direct certification of children that are members of households receiving assistance under that program; or
“(II) to improve the rate of direct certification of children that are members of households receiving assistance under that program.
“(ii) Use of funds—A State or Tribal organization receiving a grant under this subparagraph shall use the funds to pay the costs described in subparagraph (B)(iii).
“(D) Technical assistance—The Secretary shall provide technical assistance to assist the recipients of grants under subparagraphs (B) and (C), and other eligible entities, as appropriate, in improving the rates of direct certification.
“(E) Funding
“(i) In general—On October 1, 2020, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $28,000,000, to remain available until expended.
“(ii) Food Distribution Program on Indian reservations—Of the funds transferred to the Secretary under clause (i), the Secretary shall use not less than $2,000,000 to carry out subparagraph (C).
“(iii) Technical assistance—Of the funds transferred to the Secretary under clause (i), the Secretary shall use not more than $3,000,000 to carry out subparagraph (D).
“(iv) Receipt and acceptance—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under clause (i), without further appropriation.”
Sec. 30804 Enhancing the community eligibility option
Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended—
in clause (iv)—
in subclause (I)(bb)—
by striking “as of April 1 of the prior school year” and inserting “during the period beginning on April 1 of the prior school year and ending on the last day of that school year”; and
by striking “as of April 1 of the school year prior” and all that follows through “subparagraph” and inserting “during the period beginning on April 1 of the covered school year and ending on the last day of the covered school year”; and
by adding at the end the following:
“(III) Definition of covered school year—In this clause, the term covered school year means the school year prior to the first school year that a school or local educational agency elected to receive special assistance payments under this subparagraph.”
in clause (x)—
in subclause (I), by striking “for the next school year if, not later than June 30 of the current school year,” and inserting “if”;
in subclause (II)(aa), by inserting “, based on counts conducted by schools of identified students beginning on or after April 1 of that school year,” after “clause (viii)”; and
in subclause (IV)(aa), by inserting “, based on counts conducted by schools of identified students beginning on or after April 1 of that school year,” after “clause (viii)”.
Sec. 30805 Enhancing direct certification
Section 9(b)(15)(B)(ii)(III) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)(B)(ii)(III)) is amended by striking “10” and inserting “20”.
Sec. 30806 State performance on enrolling children receiving program benefits for free school meals
Section 4301(b) of the Food, Conservation, and Energy Act of 2008 (42 U.S.C. 1758a(b)) is amended—
in paragraph (2), by striking “and” at the end;
in paragraph (3), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(4) in the case of a State identified under clause (ii)(I) of section 9(b)(4)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(4)(F)), a description of—
“(A) the technical assistance provided to the State; and
“(B) the progress made by the State in implementing the measures and meeting the goals described in items (aa) through (cc) of clause (iii)(II) of that section.”
I Protect SNAP
Sec. 30901 Short title
This subtitle may be cited as the “Protect SNAP Act”.
Sec. 30902 Preventing the changing of regulations governing waivers under the supplemental nutrition assistance program
No rule, regulation, proposed rule, policy directive, or guideline may be issued or enforced by the Secretary of Agriculture, by the head of any entity within the Department of Agriculture (including the Food and Nutrition Service), or by any other person or entity that—
supersedes subsection (a), (b), (c), (d), (e), or (f) of section 273.24 of title 7 of the Code of Federal Regulations as in effect on December 1, 2020; or
modifies the effect or operation of any such subsection as so in effect.
Sec. 30903 Restriction on Federal funds
No Federal funds (including fees) made available for any fiscal year may be used to finalize, implement, administer, enforce, carry out, or otherwise give effect to the proposed rule entitled “Supplemental Nutrition Assistance Program: Requirements for Able Bodied Adults Without Dependents” (84 Fed. Reg. 980; February 1, 2019).
J Protections Against Poverty
Sec. 31001 Findings
Congress finds the following:
According to the Census Bureau, more than 38,000,000 people, including 12,000,000 children, lived in poverty in 2018 based on the Official Poverty Measure.
More than 17,000,000 people lived in deep poverty, defined as living in a household with a total cash income below 50 percent of its poverty threshold.
Poverty disproportionately impacts communities of color, with the poverty rate at 20.8 percent for Blacks, 17.6 percent for Hispanics, and 10.1 percent for Asians, versus 8.1 percent for non-Hispanic Whites.
The Official Poverty Measure often understates the number of people who have trouble making ends meet.
According to a 2020 Federal Reserve report on the economic well-being of United States households, an estimated 37 percent of people cannot cover an unexpected $400 expense.
The top one percent of United States households have experienced income growth before taxes and transfer payments nearly seven times faster than the bottom 20 percent of households since 1979.
Wealth has become even more concentrated than income.
According to the Federal Reserve Bank of St. Louis, the top 10 percent of United States households ranked by wealth own 77 percent of the country’s total wealth while those in the bottom 50 percent own one percent.
A full-time, full-year minimum wage worker at the Federal minimum wage level of $7.25 lives below the poverty line.
A vast majority of low wage earners lack access to paid family leave, leaving them just one accident or illness away from economic devastation.
Unions increase workers’ wages, ensure access to better benefits, address wage inequality, and reduce poverty.
5,140,000 Americans aged 65 and older lived in poverty in 2018.
According to the United States Census Bureau, 27,500,000 people did not have health insurance at any point in 2018.
According to the Federal Reserve, 25 percent of adults reported skipping medical care, such as a visit to a doctor or dentist, because they were unable to afford the cost in 2019.
Minority and low-income individuals are disproportionately affected by air pollution and are more likely to face health conditions that put them at greater risk when exposed to hazardous air pollution.
Families living in poverty also struggle to afford childcare, housing, utilities, and food expenses.
According to the United States Census Bureau, households with incomes less than the Federal poverty level who pay for childcare spend on average four times the percentage of their income on it as do other families.
In 2017, 83 percent of renter households with incomes below $15,000 paid more than 30 percent of their total household income for housing, experiencing housing costs burdens, and 72 percent paid more than 50 percent of their income for housing, experiencing severe cost burdens.
Water and wastewater bills are increasingly unaffordable for millions of households nationwide.
According to the Energy Information Administration, nearly one-third of United States households reported facing a challenge in paying energy bills or sustaining adequate heating and cooling in their homes in 2015.
More than 20,000,000 Americans lack access to any broadband whatsoever and many more are unable to adopt broadband, primarily due to prohibitive costs.
Limited access to technology and broadband services makes it difficult for people to apply for jobs online, connect with health insurance, apply for financial aid, telework, or complete online homework.
According to the Department of Agriculture, 37,200,000 people, including 11,200,000 children, lived in food-insecure households in 2018.
5,600,000 households had very low food security, defined as households in which the food intake of one or more members was reduced and eating patterns disrupted because of insufficient money and other resources for food.
According to a 2009 Department of Agriculture report on access to affordable and nutritious food, millions of people live in food deserts, or areas where they are more than a mile from a supermarket.
Reliable and affordable public transportation is critical to accessing employment, food, health care, and education.
The educational level attained by individuals has a dramatic impact on poverty, with 25.9 percent of adults over 25 years old without a high school diploma in poverty versus 12.7 percent for those with a high school degree, but no college, and 4.4 percent for those with a college degree.
According to the Government Accountability Office, socioeconomic and racial segregation in schools has increased dramatically in the past decade.
Low-income individuals are more likely to be targeted by child welfare services and the criminal justice system and live in communities with high rates of violence and heavy police presence.
Low-income parents have their children removed from the household every day, because living in poverty is incorrectly treated as child neglect.
The criminal justice system often punishes poverty, as court fees and fines disproportionately impact the poor.
Police are most likely to use deadly force in low-income, more highly segregated neighborhoods.
Low-income communities often have limited social capital and political voice.
Strict voter ID requirements, closures of polling places, limited access to alternatives to in-person voting and other voter suppression tactics disproportionately impact poor and minority Americans.
The effects of poverty are widespread, long-lasting, and dangerous, and leave families vulnerable to unexpected events.
Adults who were poor during childhood are more likely to experience poverty as adults, are less likely to graduate high school, and are less likely to be consistently employed as young adults.
Lower incomes are associated with shorter life expectancies.
The COVID–19 pandemic threatens to increase health, food, housing, and economic insecurity and push millions of people into poverty.
Low-income and minority communities have long experienced inadequate access to health care, housing, nutritious food, and education and economic opportunity, which increase the prevalence of COVID–19 risk factors, such as diabetes, asthma, heart disease, and high blood pressure.
The COVID–19 pandemic has exposed and exacerbated the inequality and poverty afflicting the United States, as well as underlined the shortcomings of its social safety net programs.
Sec. 31002 Sense of the House of Representatives
It is the sense of the House of Representatives that the Congress should enact the Poverty Bill of Rights to reaffirm the right of all Americans to live a life free from poverty and its impacts, including the right to—
equal opportunity, irrespective of race, gender, or socioeconomic status;
working family tax credits, such as the Child Tax Credit and the Earned Income Tax Credit, that are proven to lift families out of poverty, free from onerous eligibility requirements;
a livable wage that is enough to ensure adequate housing, food, clothing, and other basic household needs;
robust paid leave programs so they can care for themselves, their families, and dependents without fear of financial devastation;
emergency financial assistance in times of unemployment;
unionize to negotiate for higher wages, better benefits, and safe working conditions;
financial security for themselves and their families during retirement years;
quality, affordable health care and prescription drugs;
clean air through robust environmental and public health policies;
high-quality, affordable, and reliable childcare;
accessible, affordable, safe housing;
safe, clean, and affordable water and wastewater services;
affordable, reliable energy service;
equitable access to technology and telephone and broadband services;
adequate access to affordable and nutritious foods;
reliable, efficient, and affordable public transportation;
high-quality, equitable PreK–12 public education;
safe public schools that promote racial and socioeconomic diversity;
access to affordable higher education, registered apprenticeships, and other vocational training opportunities;
live with their families and not be separated from each other on the basis of poverty;
safe neighborhoods, where they are protected by law enforcement, not targeted, profiled, harassed, and brutalized;
equal treatment in criminal justice settings, free from discrimination; and
equal representation and participation in democracy through unfettered, unabridged access to the ballot box, accessible polling places, and alternatives to traditional in-person voting, such as early voting and voting by mail.
K LIFT (Livable Incomes for Families Today) the Middle Class
Sec. 31101 Short title
This subtitle may be cited as the “LIFT (Livable Incomes for Families Today) the Middle Class Act”.
Sec. 31102 Establishment of middle class tax credit
In general— Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36 the following new section:
“36A. Middle class tax credit
“(a) Allowance of credit
“(1) In general—In the case of an eligible individual, for any taxable year beginning after December 31, 2018, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to so much of the taxpayer's earned income for the preceding taxable year as does not exceed $3,000.
“(2) Phaseout of credit—The amount of the credit allowable to the taxpayer under paragraph (1) for the taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount of the credit determined under such paragraph as—
“(A) the amount (not less than zero) equal to the adjusted gross income (or, if greater, the earned income) of the taxpayer for the preceding taxable year minus $30,000, bears to
“(B) $20,000.
“(3) Joint returns
“(A) In general—For purposes of determining the amount of the credit allowed under this section for any taxable year, if a joint return was filed for the preceding taxable year by an eligible individual and such individual's spouse, each of the dollar amounts under paragraphs (1) and (2) shall be doubled.
“(B) Married individuals—For purposes of determining the amount of the credit allowed under this section for any taxable year, if an individual was married during the preceding taxable year (within the meaning of section 7703), this section shall apply only if a joint return was filed for the preceding taxable year under section 6013.
“(4) Head of household—For purposes of determining the amount of the credit allowed under this section for any taxable year, if a taxpayer filed a return as a head of household for the preceding taxable year, the reduction of the credit allowable to the taxpayer under paragraph (1) shall be determined under paragraph (2) by substituting “$60,000” for “$30,000” in subparagraph (A) thereof.
“(5) Inflation adjustments
“(A) In general—In the case of any taxable year after 2019, each of the dollar amounts under paragraphs (1), (2), and (4) shall be increased by an amount equal to—
“(i) such dollar amount, multiplied by
“(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2018” for “calendar year 2016” in subparagraph (A)(ii) thereof.
“(B) Rounding—If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.
“(b) Definitions—For purposes of determining the credit allowed under this section for any taxable year—
“(1) Eligible individual
“(A) In general—The term eligible individual means an individual—
“(i) who attained 18 years of age before the close of the preceding taxable year,
“(ii) whose principal place of abode was in the United States for more than one-half of the preceding taxable year,
“(iii) who was not a dependent for whom a deduction is allowable under section 151 to another taxpayer for any taxable year beginning in the same calendar year as the preceding taxable year, and
“(iv) who did not claim the benefits of section 911 for the preceding taxable year.
“(B) Limitation on eligibility of nonresident aliens—The term eligible individual shall not include any individual who is a nonresident alien individual for any portion of the preceding taxable year, unless such individual is treated for such taxable year as a resident of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013.
“(C) Identification number requirement—No credit shall be allowed under this section to an eligible individual who does not include on the return of tax for the taxable year—
“(i) such individual's taxpayer identification number, and
“(ii) if the individual was married during the preceding taxable year (within the meaning of section 7703), the taxpayer identification number of such individual's spouse.
“(D) Treatment of military personnel stationed outside of the United States—For purposes of subparagraph (A)(ii), the principal place of abode of a member of the Armed Forces of the United States shall be treated as in the United States during any period during which such member is stationed outside the United States while serving on extended active duty with the Armed Forces of the United States. For purposes of the preceding sentence, the term extended active duty means any period of active duty pursuant to a call or order to such duty for a period in excess of 90 days or for an indefinite period.
“(2) Earned income—The term earned income has the same meaning given such term under section 32(c)(2), except that such term shall include any amounts received by the taxpayer as a Federal Pell Grant under section 401 of the Higher Education Act of 1965.
“(c) Taxable year must be full taxable year—Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.
“(d) Restrictions on taxpayer who improperly claimed credit in prior year—Rules similar to subsection (k) of section 32 shall apply for purposes of this section.
“(e) Amount of credit To be determined under tables
“(1) In general—The amount of the credit allowed by this section shall be determined under tables prescribed by the Secretary.
“(2) Requirements for tables—The tables prescribed under paragraph (1) shall reflect the provisions of subsection (a) and shall have income brackets of not greater than $50 each—
“(A) for earned income between $0 and the amount of earned income at which the credit is phased out under subsection (a)(2), and
“(B) for adjusted gross income between the dollar amount at which the phaseout begins under subsection (a)(2) and the amount of adjusted gross income at which the credit is phased out under such subsection.
“(f) Reconciliation of credit and advance payments—The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527A for such taxable year.”
Advance payment of middle class tax credit—
In general— Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7527 the following new section:
“7527A. Advance payment of middle class tax credit
“(a) In general—Not later than 6 months after the date of the enactment of the LIFT (Livable Incomes for Families Today) the Middle Class Act, the Secretary shall establish a program for making advance payments of the credit allowed under section 36A on a monthly basis (determined without regard to subsection (f) of such section) to any taxpayer who—
“(1) the Secretary has determined will be allowed such credit for the taxable year, and
“(2) has made an election under subsection (c).
“(b) Amount of advance payment
“(1) In general—For purposes of subsection (a), the amount of the monthly advance payment of the credit provided to a taxpayer during the applicable period shall be equal to the lesser of—
“(A) an amount equal to—
“(i) the amount of the credit which the Secretary has determined will be allowed to such taxpayer under section 36A for the taxable year ending in such applicable period, divided by
“(ii) 12, or
“(B) such other amount as is elected by the taxpayer.
“(2) Applicable period—For purposes of this section, the term applicable period means the 12-month period from the month of July of the taxable year through the month of June of the subsequent taxable year.
“(c) Election of advance payment—A taxpayer may elect to receive an advance payment of the credit allowed under section 36A for any taxable year by including such election on a timely filed return for the preceding taxable year.
“(d) Internal Revenue Service notification—The Internal Revenue Service shall take such steps as may be appropriate to ensure that taxpayers who are eligible to receive the credit under section 36A are aware of the availability of the advance payment of such credit under this section.
“(e) Authority—The Secretary may prescribe such regulations or other guidance as may be appropriate or necessary for the purposes of carrying out this section.”
Income disregard— Any credit or refund allowed or made to any individual by reason of section 36A of the Internal Revenue Code of 1986 (as added by this section) shall not be taken into account as income and shall not be taken into account as resources for purposes of determining the eligibility of such individual or any other individual for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.
Conforming amendments—
Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting “36A,” after “36,”.
Section 6213(g)(2) of such Code is amended—
in subparagraph (F), by inserting “or section 36A” after “credit)”;
in subparagraph (G), by inserting “or 36A” after “section 32”;
by striking subparagraph (K) and inserting the following:
“(K) an omission of information required by section 32(k)(2) or 36(e) or an entry on the return claiming—
“(i) the credit under section 32 for a taxable year for which the credit is disallowed under subsection (k)(1) thereof, or
“(ii) the credit under section 36A for a taxable year for which the credit is disallowed under subsection (d) thereof,”
in subparagraph (L), by striking “or 32” and inserting “32, or 36A”.
The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36 the following new item:
The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following:
Effective date— The amendments made by this section shall apply to earned income received after December 31, 2017.
Sec. 31103 Return preparation programs for low-income taxpayers
In general— Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7526 the following new section:
“7526A. Return preparation programs for low-income taxpayers
“(a) Volunteer Income Tax Assistance Matching Grant Program
“(1) Establishment of Program—The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program (hereinafter in this section referred to as the “VITA grant program”). Except as otherwise provided in this section, the VITA grant program shall be administered in a manner which is substantially similar to the Community Volunteer Income Tax Assistance matching grants demonstration program established under title I of division D of the Consolidated Appropriations Act, 2008.
“(2) Matching grants
“(A) In general—The Secretary may, subject to the availability of appropriated funds, make available grants under the VITA grant program to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations.
“(B) Application
“(i) In general—Subject to clause (ii), in order to be eligible for a grant under this section, a qualified return preparation program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.
“(ii) Accuracy review—In the case of any qualified return preparation program which was awarded a grant under this section and was subsequently subject to a field site visit by the Internal Revenue Service (including through the Stakeholder Partnerships, Education, and Communication office) in which it was determined that the average accuracy rate for preparation of tax returns through such program was less than 90 percent, such program shall not be eligible for any additional grants under this section unless such program provides, as part of their application, sufficient documentation regarding the corrective measures established by such program to address the deficiencies identified following the field site visit.
“(C) Priority—In awarding grants under this section, the Secretary shall give priority to applications—
“(i) demonstrating assistance to low-income taxpayers, with emphasis on outreach to and services for such taxpayers,
“(ii) demonstrating taxpayer outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, such as the earned income tax credit, and
“(iii) demonstrating specific outreach and focus on one or more underserved populations.
“(D) Duration of grants—Upon application of a qualified return preparation program, the Secretary is authorized to award a multi-year grant not to exceed 3 years.
“(3) Aggregate limitation—Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $30,000,000 per fiscal year (exclusive of costs of administering the program) to carry out the purposes of this section.
“(b) Use of funds
“(1) In general—Qualified return preparation programs receiving a grant under this section may use the grant for—
“(A) ordinary and necessary costs associated with program operation in accordance with Cost Principles Circulars as set forth by the Office of Management and Budget, including—
“(i) for wages or salaries of persons coordinating the activities of the program,
“(ii) to develop training materials, conduct training, and perform quality reviews of the returns for which assistance has been provided under the program, and
“(iii) for equipment purchases and vehicle-related expenses associated with remote or rural tax preparation services,
“(B) outreach and educational activities described in subsection (a)(2)(C)(ii), and
“(C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation.
“(2) Use of grants for overhead expenses prohibited—No grant made under this section may be used for overhead expenses that are not directly related to any qualified return preparation program.
“(c) Promotion and referral
“(1) Promotion—The Secretary shall promote the benefits of, and encourage the use of, tax preparation through qualified return preparation programs through the use of mass communications, referrals, and other means.
“(2) Internal revenue service referrals—The Secretary may refer taxpayers to qualified return preparation programs receiving funding under this section.
“(3) VITA grantee referral—Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low Income Taxpayer Clinics individuals who are eligible to receive services at such clinics.
“(d) Definitions—For purposes of this section—
“(1) Qualified return preparation program—The term qualified return preparation program means any program—
“(A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns,
“(B) which is administered by a qualified entity,
“(C) in which all of the volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and
“(D) which uses a quality review process which reviews 100 percent of all returns.
“(2) Qualified entity
“(A) In general—The term qualified entity means any entity which—
“(i) is an eligible organization (as described in subparagraph (B)),
“(ii) is in compliance with Federal tax filing and payment requirements,
“(iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and
“(iv) agrees to provide documentation to substantiate any matching funds provided under the VITA grant program.
“(B) Eligible organization
“(i) In general—Subject to clause (ii), the term eligible organization means—
“(I) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV of such Act,
“(II) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
“(III) a local government agency, including—
“(aa) a county or municipal government agency, and
“(bb) an Indian tribe, as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13)), including any tribally designated housing entity (as defined in section 4(22) of such Act (25 U.S.C. 4103(22))), tribal subsidiary, subdivision, or other wholly owned tribal entity, or
“(IV) a local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of subclause (I), (II), or (III) acting as the applicant organization).
“(ii) Alternative eligible organization—If no eligible organization described in clause (i) is available to assist the targeted population or community, the term eligible organization shall include—
“(I) a State government agency, and
“(II) a Cooperative Extension Service office.
“(3) Low-income taxpayers—The term low-income taxpayer means a taxpayer who has income for the taxable year which does not exceed an amount equal to the completed phaseout amount under section 32(b) for a married couple filing a joint return with three or more qualifying children, as determined in a revenue procedure or other published guidance.
“(4) Underserved population—The term underserved population includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rural areas, members of the Armed Forces and their spouses, and the elderly.”
Clerical amendment— The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 7526 the following new item:
Sec. 31104 Sense of the House of Representatives
It is the sense of the House of Representatives that the costs of carrying out this section and the amendments made by this subtitle should be fully offset through—
the repeal of Public Law 115–97, with the exception of any provisions or amendments under such Public Law that provide relief to taxpayers with less than $100,000 in annual income; and
a fee, in such amount as is determined appropriate by the Secretary of the Treasury for purposes of offsetting the costs of carrying out this subtitle and the amendments made by this subtitle, to be assessed on any financial institution that has total consolidated assets of more than $50,000,000,000.
L Financial Inclusion in Banking
Sec. 31201 Short title
This subtitle may be cited as the “Financial Inclusion in Banking Act of 2020”.
Sec. 31202 Office of Community Affairs duties with respect to under-banked, un-banked, and underserved consumers
Section 1013(b)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493(b)(2)) is amended—
by striking “The Director shall establish a unit” and inserting the following:
“(A) In general—The Director shall establish a unit to be known as the “Office of Community Affairs””
by adding at the end the following:
“(B) Duties related to under-banked, un-banked, and underserved consumers
“(i) In general—The Office of Community Affairs shall—
“(I) lead coordination of research to identify any causes and challenges contributing to the decision of individuals who, and households that, do not initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing depository institutions, trade associations representing minority depository institutions, organizations representing the interests of traditionally underserved consumers and communities, organizations representing the interests of consumers (particularly low- and moderate-income individuals), civil rights groups, community groups, consumer advocates, and the Consumer Advisory Board about this matter;
“(II) identify subject matter experts within the Bureau to work on the issues identified under subclause (I);
“(III) lead coordination efforts between other Federal departments and agencies to better assess the reasons for the lack of, and help increase the participation of, under-banked, un-banked, and underserved consumers in the banking system; and
“(IV) identify and develop strategies to increase financial education to under-banked, un-banked, and underserved consumers.
“(ii) Coordination with other Bureau offices—In carrying out this paragraph, the Office of Community Affairs shall consult with and coordinate with the research unit established under subsection (b)(1) and such other offices of the Bureau as the Director may determine appropriate.
“(iii) Reporting
“(I) In general—The Office of Community Affairs shall submit a report to Congress, within two years of the date of enactment of this subparagraph and every 2 years thereafter, that identifies any factors impeding the ability of, or limiting the option for, individuals or households to have access to fair, on-going, and sustainable relationships with depository institutions to meet their financial needs, discusses any regulatory, legal, or structural barriers to enhancing participation of under-banked, un-banked, and underserved consumers with depository institutions, and contains recommendations to promote better participation for all consumers with the banking system.
“(II) Timing of report—To the extent possible, the Office shall submit each report required under subclause (I) during a year in which the Federal Deposit Insurance Corporation does not issue the report on encouraging use of depository institutions by the unbanked required under section 49 of the Federal Deposit Insurance Act.”
Sec. 31203 Discretionary surplus funds
In general— The dollar amount specified under section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by $10,000,000.
Effective date— The amendment made by subsection (a) shall take effect on September 30, 2021.
Sec. 31204 Determination of Budgetary Effects
The budgetary effects of this subtitle, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this subtitle, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
M Investing in State Energy
Sec. 31301 Short title
This subtitle may be cited as the “Investing in State Energy Act”.
Sec. 31302 Timing for distribution of certain financial assistance under the State energy program and the Weatherization Assistance Program
Timing for distribution of financial assistance under the weatherization assistance program— Section 417(d) of the Energy Conservation and Production Act (42 U.S.C. 6867(d)) is amended—
by striking “(d) Payments” and inserting the following:
“(d) Method and timing of payments
“(1) In general—Subject to paragraph (2), any payments”
by adding at the end the following:
“(2) Timing—Notwithstanding any other provision of law (including regulations), not later than 60 days after the date on which funds have been made available to provide assistance under this part, the Secretary shall distribute to the applicable recipient the full amount of assistance to be provided to the recipient under this part for the fiscal year.”
Timing for distribution of financial assistance under the State energy program— Section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323) is amended by adding at the end the following:
“(g) Timing for distribution of financial assistance—Notwithstanding any other provision of law (including regulations), not later than 60 days after the date on which funds have been made available to provide financial assistance under this section, the Secretary shall distribute to the applicable State the full amount of assistance to be provided to the State under this section for the fiscal year.”
N Pathways Out of Poverty
Sec. 31401 Findings
Congress finds the following:
The persistence of poverty, and especially intergenerational poverty, in America can be seen as a deep, structural problem that implicates our value system and our educational and economic institutions.
Poverty may be defined as the lack of basic necessities of life such as food, shelter, clothing, health care, education, economic security, and economic opportunity.
Policy initiatives and many safety net programs addressing poverty have not kept pace with the needs of millions of Americans.
The lack of an equitable distribution of housing choices across the country leads to isolation and concentrated poverty.
The number of Americans living in poverty rose by over 2.6 million from 2009 to 2010 (U.S. Census Bureau, September 2011).
There were 46.2 million Americans living in poverty in 2010, consisting of 15.1 percent of the American people (U.S. Census Bureau, September 2011).
Poverty has a disproportionate impact on minority communities in America with 27.4 percent of African Americans, 26.6 percent of Hispanics, 12.1 percent of Asian Americans, and 9.9 percent of Whites living in poverty in the United States in 2010 (U.S. Census Bureau, September 2011).
In 2010 a family of 4 was considered poor under the U.S. Census Bureau’s official measure if the family’s income was below $22,314.
The economic consequences of poverty in the United States are estimated to be at least $500 billion per year (Center for American Progress, 2007).
Children who grow up in poverty experience higher crime rates, decreased productivity, and higher health costs over their lives (Center for American Progress, 2007).
3,500,000 seniors lived in poverty in 2010 (U.S. Census Bureau, 2011).
Young Americans, ages 18–24, experience a higher poverty rate than the national average (U.S. Census Bureau, 2011).
16,400,000 children lived in poverty in 2010—more than one in every five American children (U.S. Census Bureau, 2011).
Almost 35 percent of African-American children and over 30 percent of Hispanic children lived in poverty in 2009 (U.S. Census Bureau, 2011).
The 46,180,000 of Americans in poverty in 2010 was the largest number yet recorded in the 52 years for which poverty estimates are available (U.S. Census Bureau, 2011).
The United States overseas territories have high levels of poverty and varying access to Federal anti-poverty programs. Poverty rates in 2009 for people over 18 were 41.4 percent in Puerto Rico, 53.7 percent in Guam, 65.1 percent in the United States Virgin Islands, 66.6 percent in the Commonwealth of the Northern Mariana Islands, and 52.6 percent in American Samoa.
Individuals and families in poverty are more socially vulnerable to natural disasters, extreme weather and impacts of climate change and have greater difficulty preparing for, responding to and recovering from such events (Oxfam America, 2009).
Children who live in families who fall into poverty for even short periods of time are at greater risk of a lifetime of lower earnings, lower educational attainment, and increased reliance on public services and increased rates of incarceration (First Focus, 2008).
It is estimated that the additional 3 million children who were forced into poverty due to the recession of 2008, resulted in $35 billion in economic losses annually, and will cause at least $1.7 trillion in economic losses to the United States during their lifetimes (First Focus, 2008).
Reducing poverty, especially child poverty, not only reduces costs for Federal, State, and local social services and benefits programs, but also increases tax revenue at all levels of government (Children’s Defense Fund, 2009).
The House of Representatives, on January 22, 2008, has resolved that it is the sense of Congress that the United States should set a national goal of cutting poverty in half over the next 10 years.
Sec. 31402 Definitions
In this subtitle:
Federal agency— The term Federal agency means any executive department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.
Poverty— The term poverty means an income level and living standard associated with and based on the official poverty measure as established and updated by the U.S. Census Bureau which establishes a threshold of minimum income necessary to achieve a standard of living free from deprivation of basic needs.
Extreme Poverty— The term extreme poverty means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the Federal poverty line as established by the U.S. Census.
Near Poverty— The term near poverty means having a level of household income below 200 percent of the Federal poverty line.
Child Poverty— The term child poverty means poverty which impacts those persons under 18 years of age.
Deprivation— The term deprivation means lacking some or all basic human needs.
Decent Living Standard— The term decent living standard means the amount of annual income that would allow an individual to live beyond deprivation at a safe and decent, but modest, standard of living.
Alternative Poverty Measures— The term alternative poverty measures means measures and indicators, other than the traditional income based measure of poverty, which can provide a more detailed picture of the low-income and poverty stricken populations, such as the number of people who were kept above poverty by Government supports, the number of people who are poor due to medical expenses, child care, and work expenses, the rates of food insecurity, the number of people who are asset poor (with less than three months of income saved), the number of disconnected youth, teen birth rates, participation rates in Federal anti-poverty programs for all eligible populations, and the number of people who are unbanked.
Regional Costs of Living— The term regional costs of living means a measure of the differing costs of maintaining a given living standard in varying regional, geographic, urban or rural regions.
Economic Insecurity— The term economic insecurity means the inability of individuals and households to cope with routine adverse or costly life events and the lack of means to maintain a decent standard of living and to recover from the costly consequences of those events.
Economic Stability— The term economic stability means individuals and households have access to the means and support systems necessary to effectively cope with adverse or costly life events and have the ability to effectively recover from the consequences of those events while maintaining their standard of living or maintaining a decent standard of living.
Digital Divide— The term digital divide means the gap between individuals, households, businesses and geographic areas at different socio-economic levels with regard to both their access information and communications technologies and including the imbalance both in physical access to technology and the resources, education and skills needed to effectively use computer technology and the Internet for a wide variety of activities.
Outcomes— The term outcomes means change in the economic status, economic instability or economic security of an individual, household or other population which is attributable to a planned intervention, benefit, or service or series of interventions, benefits, and services, regardless of whether such an intervention was intended to change such economic status.
Disparate Impact— The term disparate impact refers to the historic and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking and nearly every other aspect of American life in the economy, society or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent.
Sec. 31403 Establishment of the Federal Interagency Working Group on Reducing Poverty
Establishment of Federal Interagency Working Group on Reducing Poverty— There is established within the Department of Health and Human Services, a Federal Interagency Working Group on Reducing Poverty, which shall be chaired by the Secretary of Health and Human Services, and whose members shall be selected by their respective agency heads from the senior ranks of their agencies, which shall—
develop, within 180 days of enactment, a National Strategy to reduce the number of persons living in poverty in America in half within 10 years of the release of the 2012 Census report on Income, Poverty and Health Insurance Coverage in the United States: 2011, that includes goals and objectives relating to—
reducing in half the number of Americans living in poverty as reported by the 2012 Census report on Income, Poverty and Health Insurance Coverage in the United States: 2011;
eliminating child poverty in America;
eliminating extreme poverty in America;
improving the effectiveness and outcomes of poverty-related programs by improving our understanding of the root causes of poverty, the social, economic, and the cultural contributors to persistent intergenerational poverty;
improving the measure of poverty to include more indicators and measures that can meaningfully account for other aspects relating to the measure of poverty, such as regional differences in costs of living, the impact of rising income inequality, the impact of the persistent “digital divide”, expanding the understanding of poverty by distinguishing a standard that measures a level of freedom from deprivation versus a standard that measures a standard of economic adequacy provided by a living wage and access to a decent living standard, and the impact of poverty on other measures of economic stability and economic outcomes, such as educational attainment, rates of incarceration, lifetime earnings, access to health care, health care outcomes, access to housing, and including other measures as necessary to improve our understanding of why poverty persists in America;
eliminating the disparate rates of poverty based on race, ethnicity, gender, age, or sexual orientation and identity, especially among children in those households so impacted;
measuring effectiveness of poverty related programs on the basis of long-term outcomes, including the long-term savings and value of preventive practice and policy, and employing fact-based measures of programs to make improvements;
improving the accessibility of benefit and social services programs, reducing the complexity and difficulty of enrollment, and improving the rates of enrollment in need based programs for all eligible recipients to maximize the impact of benefits and social services programs on reducing the impacts of poverty and improving economic outcomes;
making more uniform eligibility requirements to improve the coordination of service delivery, reduce gaps in eligibility, and improve outcomes of programs addressing poverty in the Federal Government;
reducing the negative impacts of asset limits for eligibility which impact Federal, State and local poverty programs on the effectiveness of programs where limited eligibility creates gaps in necessary service and benefit delivery, and restricts access to benefits as individuals and families attempt to transition off of assistance programs and which can prevent needy beneficiaries from improving long-term outcomes and achieving long-term economic independence from need-based programs;
identifying Federal programs, including those related to disaster relief, hazard mitigation, extreme weather and climate change, and necessary reforms to better target resources towards disproportionately impacted socially vulnerable, low-income and disadvantaged communities may provide greater socio-economic benefits;
improving the ability of community-based organizations to participate in the development, oversight and implementation of Federal poverty-related programs;
improving access to good jobs with adequate wages and benefits by individuals living in poverty, low-income households, and the unemployed;
expanding and stabilizing poor and low-income persons connection to work and access to critical job training and/or skills upgrade training that will lead to re-entry in the workforce;
developing a comprehensive strategy to connect low-income young people and to re-connect currently disconnected youth to education, work, and their community; and
shifting the focus of poverty and means-tested programs across the Federal Government beyond the relief of deprivation and instead setting goals, measures, and outcomes more focused on measuring the success of programs in supporting and improving how capable individuals and families can access educational and economic opportunities to successfully transition away from accessing public assistance and benefits and achieving long-term economic stability which will reduce long-term costs in domestic social needs programs, reduce long-term health care costs due to the improved health of formerly poverty stricken households, increase the number of taxpaying individuals which will increase revenue, and lower the enrollment and costs in need based benefits and services programs, thus improving the economy and reducing long-term deficits for Federal, State, and local governments;
oversee, coordinate, and integrate all policies and activities of the Federal Government, in coordination and consultation with the Domestic Policy Council and the National Economic Council, across all agencies relating to reducing the number of individuals, families, and children living below the Federal poverty line, in extreme poverty or near poverty and increasing the number of households able to achieve long-term economic stability with assets sufficient to maintain a decent living standard without relying on public-support—
economic, commercial, and programmatic policies that can effect or relieve the effects of poverty through job creation, and economic development targeted to low-income, minority, rural, urban and other populations who suffer disparate rates of poverty, among Federal agencies; and
services and benefits including emergency programs, discretionary economic programs, and other policies and activities necessary to ensure that the Federal Government is able to mount effective responses to economic downturns and increases in the rates of poverty;
ensure that all relevant Federal agencies comply with appropriate guidelines, policies, and directives from the Federal Interagency Working Group on Reducing Poverty and the Department of Health and Human Services and other Federal agencies with responsibilities relating to poverty reduction or improving economic stability and independence;
ensure that Federal agencies, State governments and relevant congressional committees have access to, receive, and appropriately disseminate best practices in the administration of programs, have adequate resources to maximize the public awareness of programs, increase the reach of those programs, especially into historically disenfranchised communities, maximize enrollment for all eligible Americans, share relevant data, and issue relevant guidance in consultation with nongovernment organizations and policy experts in the field and State and local government officials who administer or direct policy for anti-poverty programs in increasing and maximizing the enrollment into and administration of programs and services designed to alleviate poverty;
enact best practices for improved data collection, relevant to—
reducing poverty;
reducing the racial, ethnic, age, gender, and sexual orientation or sexual identity based disparities in the rates of poverty;
adequately measuring the effectiveness, efficiency and impact of programs on the outcomes for individuals, families and communities who receive benefits and services;
streamlining enrollment and eligibility for programs;
improving long-term outcomes for individuals who are enrolled in service and benefit programs;
reducing reliance on public programs;
improving connections to work;
improving economic stability;
improving savings and investment, access to capital, increasing rates of entrepreneurship;
improving our understanding of the impact of extreme weather and natural disasters on economically vulnerable communities and improving those communities’ resilience to and recovery from extreme weather and natural disasters;
improving access to living wage employment; and
improving access to employment-based benefits; and
study the feasibility of and test different interagency, State and local, public/private models of cooperative service and benefit delivery by creating necessary exemptions, waivers and funding sources to allow improved cooperation and innovation in the development of programs, practices, policies and procedures that advance the goal of reducing poverty and increasing economic opportunity.
Director of National Poverty Policy— There shall be a Staff Director of National Poverty Policy, who shall be the head of the Federal Interagency Working Group on Reducing Poverty.
Sec. 31404 Appointment and responsibilities of the Director
Appointment—
In general— The Staff Director shall be appointed by the Secretary of Housing and Urban Development.
Qualifications— The Secretary shall appoint the Staff Director from among individuals who have demonstrated ability and knowledge in social policy, improving outcome based management, issues of equity and equal opportunity and access to services and economic opportunity.
Responsibilities— The Staff Director shall—
advise the Secretary and all relevant cabinet secretaries, and agency officials regarding the establishment of policies, goals, objectives, and priorities for reducing poverty in America in half in ten years, ending child poverty, ending extreme poverty and eliminating racial, ethnic, gender, and sexual identity and orientation based disparities in the rates of poverty;
advise the Secretary, when directed by the Secretary, advise relevant cabinet secretaries, heads of independent Federal agencies and other entities within the Executive Office of the President regarding mechanisms to improve the effectiveness, coordination, impact, and outcomes of social services, benefits, and other poverty reduction and economic opportunity programs, in collaboration with experts in the field, nongovernmental organizations, and other governments;
work with Federal agencies to oversee, coordinate, and integrate the implementation of the National Plan or Strategy, including consultation with independent nongovernmental policy experts and service provider groups engaged in serving low-income persons, children and households, State and local government officials who administer or direct policy for anti-poverty programs, and with as many groups that directly represent low-income people, such as public housing tenants’ associations, or other similar groups; and
resolve any disputes that arise between Federal agencies relating to the National Plan to reduce poverty in half in ten years or other matters within the responsibility of the Office.
Sec. 31405 Consultation
In general— The Director may consult and obtain recommendations from, as needed, such Presidential and other advisory entities such as consultation with independent nongovernmental policy experts and service provider groups engaged in serving low-income persons, children, and households; State and local government officials who administer or direct policy for anti-poverty programs, and groups made up of low-income people, such as public housing tenants’ associations, or other similar groups as the Director determines will assist in carrying out the mission of the Office, including, but not limited to—
the Administration for Children and Families (ACF);
the Administration on Aging (AoA);
the Department of Agriculture (USDA);
the Bankruptcy Courts;
the Bureau of Consumer Financial Protection;
the Bureau of Economic Analysis (BEA);
the Bureau of Indian Affairs (BIA);
the Bureau of the Census;
the Center for Nutrition Policy and Promotion;
the Centers for Medicare & Medicaid Services (formerly the Health Care Financing Administration);
the Commission on Civil Rights;
the Office of Community Planning and Development;
the Consumer Financial Protection Bureau;
the Coordinating Council on Juvenile Justice and Delinquency Prevention;
the Corporation for National and Community Service;
the Council of Economic Advisers;
the Department of Agriculture (USDA);
the Department of Commerce (DOC);
the Department of Defense (DOD);
the Department of Education (ED);
the Department of Health and Human Services (HHS);
the Department of Housing and Urban Development (HUD);
the Department of Justice (DOJ);
the Department of Labor (DOL);
the Department of the Treasury;
the Department of Transportation (DOT);
the Department of Veterans Affairs (VA);
the Disability Employment Policy Office;
the Domestic Policy Council;
the Drug Enforcement Administration (DEA);
the Economic Development Administration;
the Economic Research Service;
the English Language Acquisition Office;
the Equal Employment Opportunity Commission (EEOC);
the Fair Housing and Equal Opportunity;
the Federal Bureau of Prisons;
the Federal Housing Finance Board;
the Federal Labor Relations Authority;
the Federal Trade Commission (FTC);
the Food and Nutrition Service;
the Indian Health Service;
the Interagency Council on Homelessness;
the Internal Revenue Service (IRS);
the Legal Services Corporation;
the National AIDS Policy Office;
the National Credit Union Administration;
the National Economic Council;
the National Institutes of Health (NIH);
the National Labor Relations Board;
the Occupational Safety & Health Administration (OSHA);
the Office of Management and Budget (OMB);
the Office of Refugee Resettlement;
the Office of Policy Development and Research (Housing and Urban Development Department);
the Small Business Administration (SBA);
the Social Security Administration (SSA);
the Substance Abuse and Mental Health Services Administration;
the Veterans’ Employment and Training Service; and
the Women’s Bureau (Labor Department).
National strategy— In developing and updating the National Strategy the Executive Director shall consult with the Domestic Policy Council, the National Economic Council, and, as appropriate, hold regional public hearings around the country to collect information and feedback from the public on their efforts and experience for the development and updating of the National Strategy and make this information available to the public.
Sec. 31406 Reports to Congress and the public
In general— The Chair of the Federal Interagency Working Group on Reducing Poverty shall submit an annual report to the appropriate congressional committees describing the activities, ongoing projects, and plans of the Federal Government designed to meet the goals and objectives of the National Strategy on Poverty. The report shall include an accounting of the savings to the Government from any increased efficiencies in the delivery of services, any savings from reducing the numbers of Americans living in poverty and reductions in the demand for need-based services and benefits for which persons living in and near poverty are eligible, as well as an accounting of any increase in revenue collections due to the numbers of persons who become gainfully employed and pay taxes into the Treasury instead of drawing benefits and services from it.
National academy of sciences workshop— Within 90 days after funds are made available to carry out this subtitle, the Secretary of Health and Human Services shall contract with the National Academy of Sciences (hereinafter in this subsection referred to as the “NAS”) to initiate a workshop series to provide necessary background information to enable the Working Group on Reducing Poverty to develop and finalize its plan.
The NAS shall convene a steering committee to organize, plan, and conduct a public workshop on what is known about the economic and social costs of poverty, including, but not limited to the following:
Macroeconomic costs (effects on productivity and economic output).
Health costs (effects on health expenditures and health status).
Crime and other social costs.
Direct Federal budget effects (e.g., outlays for income support and other poverty reduction programs).
Natural disaster related risks and costs.
The workshop shall also consider poverty metrics (e.g., income poverty, food insecurity, and other measures of deprivation), and their role in assessing the effects of poverty and the performance of anti-poverty programs.
The NAS steering committee shall organize, plan, and conduct a second public workshop on what is known about the economic and social costs and benefits of a variety of programs and strategies to reduce and prevent poverty. It shall take account of such issues as the following:
Short-term versus long-term effects, including budget implications.
Effects for different population groups, such as children, the elderly, immigrants, long-term single-parent families, displaced older workers, young people with large loans, people in areas of concentrated poverty and other social ills (e.g., Indian reservations, some inner city areas, some rural areas).
Effects by depth of poverty and near-poverty (e.g., income to poverty ratios of less than 50 percent, less than 100 percent, less than 200 percent).
Report— The relevant sections of the report shall be posted on each agency’s website on the plans and impacts specific to their agency.
Public report— A version of each report submitted under this section shall be made available to the public.
Legislative language— The Working Group on Reducing Poverty shall submit, as necessary, legislative language, including specific legislative recommendations to the Congress of the United States towards achieving the national goals.
IV Housing and Asset Building
A Affirming the right of all renters to a safe, affordable, and decent home
Sec. 40101 Findings
Congress finds the following:
Housing is a basic human right.
Evidence-based research has shown that families with safe, decent, and affordable homes are better able to find employment, achieve economic mobility, perform better in school, and maintain improved health.
Investing in affordable housing strengthens our economy, creates jobs, boosts families’ incomes, and encourages further development.
Far too many families living in urban, suburban, and rural communities struggle to afford their rent each month, putting them at increased risk of eviction and homelessness.
According to the Department of Housing and Urban Development (HUD) point-in-time count of 2016, there were 549,928 people in the United States experiencing homelessness on any given night, including over 120,000 children.
Homelessness has become so pervasive that some States and cities have declared that homelessness has reached a state of emergency.
Major progress towards the national goals for ending homelessness in our Nation has stalled in the absence of increased funding.
A shortage of affordable housing exists in every State and major metropolitan area.
A full-time worker earning the Federal minimum wage cannot afford a modest two-bedroom apartment in any State, metropolitan area, or county in the United States.
Over half of all renters are cost-burdened, paying more than 30 percent of their income for housing, and 71 percent of extremely low-income households are severely cost-burdened, paying more than half of their income for housing.
Rapidly rising rents across the country have pushed many long-time residents and families out of the communities they call home.
Closed waiting lists and long waits mean only a quarter of the families who qualify for housing assistance actually receive it.
The role of Federal affordable housing investments is even more important given the limited ability of the private market alone to address these needs.
Various programs at the Department of Housing and Urban Development help to subsidize housing for more than 4,000,000 low-income families, including the Public Housing program, the Section 8 Housing Choice Vouchers (HCV) program, the Section 8 Project-Based Rental Assistance program, the Section 202 Supportive Housing for the Elderly program, the Section 811 Supportive Housing for Persons with Disabilities program, and the Housing Opportunities for Persons with AIDS (HOPWA) program.
Despite leveraging billions of dollars in private resources to preserve and expand the supply of affordable housing, affordable housing programs continue to be chronically underfunded despite their success at providing safe housing to families in need.
Chronic underfunding of the Public Housing Capital Fund has led to a backlog of more than $26,000,000,000 in capital repairs and deteriorating conditions for residents.
Without Federal investments, many more families would be homeless, living in substandard or overcrowded conditions, or struggling to meet other basic needs because too much of their limited income would be used to pay rent.
Low Federal spending caps required by the Budget Control Act of 2011 (Public Law 112–25) have decreased funding for affordable housing and community development programs.
These austere spending caps threaten affordable housing and community development for millions of low income families.
Even renters with housing subsidies often face barriers to finding housing providers willing to rent to them.
Under current Federal law, housing discrimination against a renter is illegal if it is based on race, color, religion, sex, familial status, national origin, or disability.
Renters should be protected against housing discrimination through stronger enforcement of fair housing laws.
Despite various clarifying memos from HUD, the re-entry community continues to face barriers in trying to secure access to federally assisted housing.
Sec. 40102 Sense of Congress
The Congress—
supports lifting the spending caps required by the Budget Control Act of 2011 and robustly funding programs to increase access to affordable housing and address homelessness at the Department of Housing and Urban Development (HUD) and other Federal agencies;
opposes any cuts to Federal investments in affordable housing programs at the Department of Housing and Urban Development and other Federal agencies;
supports increased funding to the Public Housing Capital Fund to address the backlog of capital repairs for public housing;
supports expanded funding for the National Housing Trust Fund to boost the supply of affordable housing available to extremely low-income families;
supports efforts to preserve and rehabilitate existing housing to maintain and increase the available stock of affordable housing and proposals by local entities to prevent any net loss of overall affordable housing units receiving Federal subsidies;
supports strengthened Federal fair housing laws;
affirms that renters may not be barred from federally assisted housing solely on the basis of a criminal record;
supports expansion of renters’ rights, including the right of tenants to organize tenant associations; and
affirms that housing is a basic human right.
B Ending Homelessness
Sec. 40201 Short title
This subtitle may be cited as the “Ending Homelessness Act of 2020”.
Sec. 40202 Congressional findings
The Congress finds that—
although the United States has experienced a reduction in veteran homelessness after a surge of new Federal funding targeted to homeless veterans starting in fiscal year 2008, major progress towards the national goals for ending homelessness in our Nation has virtually stalled in the absence of increased funding;
according to the Department of Housing and Urban Development’s 2016 point-in-time count, there were 549,928 people experiencing homelessness in the United States on any given night, including over 120,000 children;
homelessness in many communities has reached crisis proportions and some cities have declared that homelessness has reached a state of emergency; and
the Federal Government must renew its commitment to the national goals to end homelessness.
Sec. 40203 Emergency relief funding
Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq) is amended—
by redesignating section 491 (42 U.S.C. 11408; relating to rural housing stability grant program) as section 441;
by redesignating section 592 (42 U.S.C. 11408a; relating to use of FMHA inventory for transitional housing for homeless persons and for turnkey housing) as section 442; and
by adding at the end the following new subtitle:
“E 5-Year path To end homelessness
“451. Emergency relief funding
“(a) Direct appropriations—There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2021 through 204, $1,000,000,000, to remain available until expended, for emergency relief grants under this section to address the unmet needs of homeless populations in jurisdictions with the highest need.
“(b) Formula grants
“(1) Allocation—Amounts appropriated under subsection (a) for a fiscal year shall be allocated among collaborative applicants that comply with section 402, in accordance with the funding formula established under paragraph (2) of this subsection.
“(2) Formula—The Secretary shall, in consultation with the United States Interagency Council on Homeless, establish a formula for allocating grant amounts under this section to address the unmet needs of homeless populations in jurisdictions with the highest need, using the best currently available data that targets need based on key structural determinants of homelessness in the geographic area represented by a collaborative applicant, which shall include data providing accurate counts of—
“(A) the poverty rate in the geographic area represented by the collaborative applicant;
“(B) shortages of affordable housing for low-, very low-, and extremely low-income households in the geographic area represented by the collaborative applicant;
“(C) the number of overcrowded housing units in the geographic area represented by the collaborative applicant;
“(D) the number of unsheltered homeless individuals and the number of chronically homeless individuals; and
“(E) any other factors that the Secretary considers appropriate.
“(3) Grants—For each fiscal year for which amounts are made available under subsection (a), the Secretary shall make a grant to each collaborative applicant for which an amount is allocated pursuant to application of the formula established pursuant to paragraph (2) of this subsection in an amount that is equal to the formula amount determined for such collaborative applicant.
“(4) Timing
“(A) Formula to be devised swiftly—The funding formula required under paragraph (2) shall be established not later than 60 days after the date of enactment of this section.
“(B) Distribution—Amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established pursuant to paragraph (2) not later than 30 days after the establishment of such formula.
“(c) Use of grants
“(1) In general—Subject to paragraphs (2) through (4), a collaborative applicant that receives a grant under this section may use such grant amounts only for eligible activities under section 415, 423, or 441(b).
“(2) Permanent supportive housing requirement
“(A) Requirement—Except as provided in subparagraph (B), each collaborative applicant that receives a grant under this section shall use not less than 75 percent of such grant amount for permanent supportive housing, including capital costs, rental subsidies, and services.
“(B) Exemption—The Secretary shall exempt a collaborative applicant from the applicability of the requirement under subparagraph (A) if the applicant demonstrates, in accordance with such standards and procedures as the Secretary shall establish, that—
“(i) chronic homelessness has been functionally eliminated in the geographic area served by the applicant; or
“(ii) the permanent supportive housing under development in the geographic area served by the applicant is sufficient to functionally eliminate chronic homelessness once such units are available for occupancy.
“(3) Limitation on use for administrative expenses—Not more than 5 percent of the total amount of any grant under this section to a collaborative applicant may be used for costs of administration.
“(4) Housing First requirement—The Secretary shall ensure that each collaborative applicant that receives a grant under this section is implementing, to the extent possible, and will use such grant amounts in accordance with, a Housing First model for assistance for homeless persons.
“(d) Renewal funding—Expiring contracts for leasing, rental assistance, or permanent housing shall be treated, for purposes of section 429, as expiring contracts referred to in subsection (a) of such section.
“(e) Reporting to Congress
“(1) Initial report—Not later than September 1, 2021, the Secretary and the United States Interagency Council on Homelessness shall submit a report to the Committees on Financial Services and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate describing the design and implementation of the grant program under this section, which shall include the formula required by subsection (b)(2).
“(2) Semiannual status reports
“(A) Reports to congress—The Secretary and the United States Interagency Council on Homelessness shall submit reports to the Committees specified in paragraph (1) semiannually describing the operation of the grant program under this section during the preceding 6 months, including identification of the grants made and a description of the activities funded with grant amounts.
“(B) Collection of information by Secretary—The Secretary shall require each collaborative applicant that receives a grant under this section to submit such information to the Secretary as may be necessary for the Secretary to comply with the reporting requirement under subparagraph (A).
“452. Special purpose vouchers
“(a) Direct appropriation—There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2022 through 2027, $500,000,000, to remain available until expended, which shall be used as follows:
“(1) Rental Assistance—Except as provided in paragraph (2), such amount shall be used for incremental assistance for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for persons and households who are homeless (as such term is defined in section 103 (42 U.S.C. 11302)), which assistance shall be in addition to such assistance provided pursuant to renewal of expiring contracts for such assistance.
“(2) Administrative fees—The Secretary may use not more than 10 percent of such amounts provided for each fiscal year for administrative fees under 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)). The Secretary shall establish policies and procedures to provide such fees to the extent necessary to assist homeless persons and families on whose behalf rental assistance is provided to find and maintain suitable housing.
“(b) Allocation—The Secretary shall make assistance provided under this section available to public housing agencies based on geographical need for such assistance by homeless persons and households, as identified by the Secretary, public housing agency administrative performance, and other factors as specified by the Secretary.
“(c) Availability—Assistance made available under this section shall continue to remain available only for homeless persons and households upon turn-over.
“(d) Renewal funding—Renewal of expiring contracts for rental assistance provided under subsection (a) and for administrative fees under such subsection shall, to the extent provided in appropriation Acts, be funded under the section 8 tenant-based rental assistance account.
“(e) Waiver authority—Upon a finding by the Secretary that a waiver or alternative requirement pursuant to this subsection is necessary to ensure that homeless persons and households can obtain housing using rental assistance made available under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the use of funds made available under this section (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) that relates to screening of applicants for assistance, admission of applicants, and selection of tenants. The Secretary shall require public housing agencies receiving rental assistance funding made available under this section to take all reasonable actions to help assisted persons and families avoid subsequent homelessness.
“453. Outreach funding
“(a) Direct appropriation—There is appropriated out of any money in the Treasury not otherwise appropriated for each of fiscal years 2021 through 2025, $100,000,000, to remain available until expended, to the Secretary for grants under this section to provide outreach and coordinate services for persons and households who are homeless or formerly homeless.
“(b) Grants
“(1) In general—The Secretary shall make grants under this section on a competitive basis only to collaborative applicants who comply with section 402.
“(2) Priority—The competition for grants under this section shall provide priority to collaborative applicants who submit plans to make innovative and effective use of staff funded with grant amounts pursuant to subsection (c).
“(c) Use of grants—A collaborative applicant that receives a grant under this section may use such grant amounts only for providing case managers, social workers, or other staff who conduct outreach and coordinate services for persons and households who are homeless or formerly homeless.
“(d) Timing
“(1) Criteria to be established swiftly—The Secretary shall establish the criteria for the competition for grants under this section required under subsection (b) not later than 60 days after the date of enactment of this section.
“(2) Distribution—Amounts appropriated or otherwise made available under this section shall be distributed according to the competition established by the Secretary pursuant to subsection (b) not later than 30 days after the establishment of such criteria.”
Sec. 40204 Housing Trust Fund
Funding—
Annual funding— There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2022 and each fiscal year thereafter, $1,000,000,000, to remain available until expended, which shall be credited to the Housing Trust Fund established pursuant to section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568) for use under such section.
Rental assistance— There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2022 and each fiscal year thereafter, $50,000,000, to remain available until expended, for incremental project-based voucher assistance or project-based rental assistance, to be allocated to States pursuant to the formula established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568), to be used solely in conjunction with grant funds awarded under such section 1338.
Priority for housing the homeless—
Priority— During the first 5 fiscal years that amounts are made available under this subsection, the Secretary of Housing and Urban Development shall ensure that priority for occupancy in dwelling units described in subparagraph (B) that become available for occupancy shall be given to persons and households who are homeless (as such term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)).
Covered dwelling units— A dwelling unit described in this subparagraph is any dwelling unit that—
is located in housing that was at any time provided assistance with any amounts from the Housing Trust Fund referred to paragraph (1) that were credited to such Trust Fund by such paragraph; or
is receiving assistance described in paragraph (2) with amounts made available under such paragraph.
Tenant rent contribution—
Limitation— Subparagraph (A) of section 1338(c)(7) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4568(c)(7)(A)) is amended—
by striking “except that not less than 75 percent” and inserting the following:
“(i) not less than 75 percent”
by adding at the end the following new clause:
“(ii) notwithstanding any other provision of law, all rental housing dwelling units shall be subject to legally binding commitments that ensure that the contribution toward rent by a family residing in the dwelling unit shall not exceed 30 percent of the adjusted income (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))) of such family; and”
Regulations— The Secretary of Housing and Urban Development shall issue regulations to implement section 1338(c)(7)(A)(ii) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as added by the amendment made by paragraph (1)(B) of this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this subtitle.
Sec. 40205 Technical assistance funds to help states and local organizations align health and housing systems
Funding— There is hereby made available to the Secretary of Housing and Urban Development $20,000,000, to remain available until expended, for providing technical assistance under section 405 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11361(b)) in connection with expanding the Healthcare and Housing (H2) Systems Integration Initiative of the Secretary of Housing and Urban Development, in collaboration with the United States Interagency Council on Homelessness and the Secretary of Health and Human Services.
Use— In expanding the Initiative referred to in subsection (a), the Secretary shall seek to—
assist States and localities in integrating and aligning policies and funding between Medicaid programs, behavioral health providers, and housing providers to create supportive housing opportunities; and
engages State Medicaid program directors, Governors, State housing and homelessness agencies, any other relevant State offices, and any relevant local government entities, to assist States in increasing use of their Medicaid programs to finance supportive services for homeless persons.
Priority— In using amounts made available under this section, the Secretary shall give priority to use for States and localities having the highest numbers of chronically homeless persons.
Sec. 40206 Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants
Section 408 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11364) is amended to read as follows:
“408. Authorization of appropriations
“There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year.”
Sec. 40207 Permanent extension of United States Interagency Council on Homelessness
Section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) is hereby repealed.
Sec. 40208 Emergency designation
In general— The amounts provided by this subtitle, and the amendments made by this subtitle, are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).
Designation in Senate— In the Senate, this subtitle and the amendments made by this subtitle are designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.
C Tenant Protection
Sec. 40301 Short title
This subtitle may be cited as the “Tenant Protection Act”.
Sec. 40302 Tenant blacklisting
Definitions— In this section—
the terms consumer, consumer report, and nationwide specialty consumer reporting agency have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a); and
the term tenant rating agency means a nationwide specialty consumer reporting agency described in section 603(x)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681a(x)(2)).
Amendments to the Fair Credit Reporting Act— The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended—
in section 605 (15 U.S.C. 1681c), by adding at the end the following:
“(i) Housing court records—A consumer reporting agency may not make a consumer report containing a landlord-tenant court or other housing court record, unless—
“(1) the case to which the record pertains resulted in a judgment of possession;
“(2) the decision of the court in the case to which the record pertains is not being appealed; and
“(3) the record antedates the consumer report by not more than 3 years.”
in section 611(a) (15 U.S.C. 1681i(a))—
in paragraph (1)(A), by inserting “or by submitting a notice of the dispute through the centralized source described in section 612(a)(1)(B) or the centralized source required to be established under section 2(c) of the Tenant Protection Act” after “through a reseller”; and
in paragraph (2)—
in subparagraph (A)—
by striking “or a reseller” and inserting “a reseller, or a centralized source”; and
by striking “or reseller” and inserting “reseller, or centralized source”; and
in subparagraph (B), by striking “or the reseller” and inserting “the reseller, or the centralized source”;
in section 615 (15 U.S.C. 1681m), by adding at the end the following:
“(i) Additional duty of users taking adverse actions on the basis of housing court records contained in consumer reports—If any person takes any adverse action with respect to a consumer that is based in whole or in part on a landlord-tenant court or other housing record contained in a consumer report, the person shall provide to the consumer a free copy of the consumer report used by the person in taking the adverse action.”
by adding at the end the following:
“630. Civil liability for creating reports with inaccurate housing court records
“Any person who willfully makes a consumer report with respect to a consumer that contains an inaccurate landlord-tenant court or other housing record is liable to the consumer in an amount equal to the sum of—
“(1) any actual damages sustained by the consumer as a result of making that consumer report or damages of not less than $500 and not more than $1,500;
“(2) such amount of punitive damages as the court may allow; and
“(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.”
Regulations applicable to clearinghouse system— Not later than 1 year after the date of enactment of this subtitle, the Bureau of Consumer Financial Protection shall issue regulations—
applicable to tenant rating agencies to require the establishment of—
a centralized source through which consumers may—
obtain a consumer report from each such tenant rating agency once during any 12-month period, using a single request, and without charge to the consumer, as provided in section 612(a) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)); and
submit a notice of a dispute of inaccurate information, as provided in section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a); and
a standardized form for a consumer to make a request for a consumer report under subparagraph (A)(i) or submit a notice of dispute under subparagraph (A)(ii) by mail or through an Internet website; and
to provide that a consumer may submit a notice of dispute of inaccurate information through the centralized source established in accordance with section 211(c) of the Fair and Accurate Credit Transactions Act of 2003 (15 U.S.C. 1681j note), as provided in section 611(a) of the Fair Credit Reporting Act (15 U.S.C. 1681i(a)), using the standardized form described in paragraph (1)(B).
Report— Not later than 1 year after the date of enactment of this subtitle, the Bureau of Consumer Financial Protection shall conduct a study and submit to Congress a report on the status of tenant rating agencies and the compliance of tenant rating agencies under the Fair Credit Reporting Act (15 U.S.C. 1601 et seq.), including a gap analysis of laws and resources to deter noncompliance with the intent and purpose of the Fair Credit Reporting Act (15 U.S.C. 1601 et seq.).
D Hardest Hit Housing
Sec. 40401 Short title
This subtitle may be cited as the “Hardest Hit Housing Act of 2020”.
Sec. 40402 Capital Fund amounts for large public housing agencies
Authorization of appropriations— In addition to any amounts authorized to be appropriated for formula grants to public housing agencies from the Capital Fund pursuant to section 9(d)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)(2)), there is authorized to be appropriated $4,000,000,000 for each of fiscal years 2022 through 2026 for the Public Housing Capital Fund Program under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(b)).
Eligible public housing agencies— Any amounts appropriated pursuant to this section shall be used by the Secretary of Housing and Urban Development only for grants to public housing agencies that own or administer more than 10,000 public housing dwelling units.
Eligible uses— Funds from grants made with amounts appropriated pursuant to this section may be used only for eligible capital activities under section 9(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)(1)). Section 9(g)(3) of such Act shall not apply to any such grant funds.
Sec. 40403 Assistance to NeighborWorks for mortgage foreclosure mitigation activities
There is authorized to be appropriated $5,000,000, for each of fiscal years 2022 through 2026 for assistance to the Neighborhood Reinvestment Corporation for mortgage foreclosure mitigation activities, under the following terms and conditions:
Mortgage foreclosure mitigation counseling—
The Neighborhood Reinvestment Corporation (in this section referred to as the “NRC”) may make grants under this paragraph to counseling intermediaries approved by the Department of Housing and Urban Development (in this section referred to as “HUD”) (with match to be determined by NRC based on affordability and the economic conditions of an area; a match also may be waived by NRC based on the aforementioned conditions) to provide mortgage foreclosure mitigation assistance to the 15 States with highest rates of home mortgage defaults and foreclosures, as of January 1, 2018, to help eliminate the default and foreclosure of mortgages of owner-occupied single-family homes that are at risk of such foreclosure and located in metropolitan statistical areas having the greatest such need. Other than areas with high rates of defaults and foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the Nation by NRC which determines where there is a prevalence of mortgages that are risky and likely to fail, including any trends for mortgages that are likely to default and face foreclosure. A State Housing Finance Agency may also be eligible where the State Housing Finance Agency meets all the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure mitigation assistance counseling requirements, as determined by NRC, and shall be approved by HUD or NRC as meeting these requirements.
Mortgage foreclosure mitigation assistance shall only be made available to homeowners of owner-occupied homes with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of activities that are likely to prevent foreclosures and result in the long-term affordability of the mortgage retained pursuant to such activity or another positive outcome for the homeowner. No funds made available pursuant to this paragraph may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments.
The use of mortgage foreclosure mitigation assistance by approved counseling intermediaries and State Housing Finance Agencies shall involve a reasonable analysis of the borrower's financial situation, an evaluation of the current value of the property that is subject to the mortgage, counseling regarding the assumption of the mortgage by another non-Federal party, counseling regarding the possible purchase of the mortgage by a non-Federal third party, counseling and advice of all likely restructuring and refinancing strategies or the approval of a work-out strategy by all interested parties.
NRC may provide up to 15 percent of the total funds made available pursuant to this paragraph to its own charter members with expertise in foreclosure prevention counseling, subject to a certification by NRC that the procedures for selection do not consist of any procedures or activities that could be construed as a conflict of interest or have the appearance of impropriety.
HUD-approved counseling entities and State Housing Finance Agencies receiving funds made available pursuant to this paragraph shall have demonstrated experience in successfully working with financial institutions as well as borrowers facing default, delinquency, and foreclosure as well as documented counseling capacity, outreach capacity, past successful performance and positive outcomes with documented counseling plans (including post-mortgage foreclosure mitigation counseling), loan workout agreements, and loan modification agreements. NRC may use other criteria to demonstrate capacity in underserved areas.
Of the total amount made available pursuant to this paragraph, up to $250,000 may be made available to build the mortgage foreclosure and default mitigation counseling capacity of counseling intermediaries through NRC training courses with HUD-approved counseling intermediaries and their partners, except that private financial institutions that participate in NRC training shall pay market rates for such training.
Of the total amount made available pursuant to this paragraph, up to 5 percent may be used for associated administrative expenses for NRC to carry out activities provided under this paragraph.
Mortgage foreclosure mitigation assistance grants may include a budget for outreach and advertising, and training, as determined by NRC.
NRC shall report bi-annually to the House and Senate Committees on Appropriations as well as the Senate Banking Committee and House Financial Services Committee on its efforts to mitigate mortgage default.
Legal assistance—
The Neighborhood Reinvestment Corporation may make grants to counseling intermediaries approved by HUD or the NRC to hire attorneys to assist homeowners who have legal issues directly related to the homeowner’s foreclosure, delinquency, or short sale.
Such attorneys shall be capable of assisting homeowners of owner-occupied homes with mortgages in default, in danger of default, or subject to or at risk of foreclosure and who have legal issues that cannot be handled by counselors already employed by such intermediaries.
Grants under this paragraph may only be made to counseling intermediaries and legal organizations that (i) provide legal assistance in the 15 States with the highest rates of home mortgage defaults and foreclosures, as of January 1, 2018, and (ii) have the capacity to begin using the financial assistance within 90 days after receipt of the assistance.
No funds made available pursuant to this paragraph shall be used to provide, obtain, or arrange on behalf of a homeowner, legal representation involving or for the purposes of civil litigation.
Sec. 40404 Incremental housing choice voucher assistance
Authorization of appropriations— There is authorized to be appropriated for each of fiscal years 2022 through 2024 such sums as may be necessary to provide in each such fiscal year 20,000 incremental vouchers for rental assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)).
Eligible public housing agencies— Any amounts appropriated pursuant to this section shall be used by the Secretary of Housing and Urban Development only to provide additional amounts for rental assistance vouchers for public housing agencies that administer 10,000 or more vouchers for rental assistance under such section 8(o).
E FHA Alternative Credit Pilot Program Reauthorization
Sec. 40501 Short title
This subtitle may be cited as the “FHA Alternative Credit Pilot Program Reauthorization Act of 2020”.
Sec. 40502 Extension of pilot program
Section 258(d) of the National Housing Act (12 U.S.C. 1715z–24(d)) is amended by striking “5-year” and inserting “14-year”.
F Housing Financial Literacy
Sec. 40601 Short title
This subtitle may be cited as the “Housing Financial Literacy Act of 2020”.
Sec. 40602 Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs
The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended by striking “not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage” and inserting “be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph”.
G Young Americans Financial Literacy
Sec. 40701 Short title
This subtitle may be cited as the “Young Americans Financial Literacy Act”.
Sec. 40702 Findings
The Congress finds as follows:
That 87 percent of Americans believe finance education should be taught in schools and 92 percent of K–12 teachers believe that financial education should be taught in school, but only 12 percent of teachers actually teach the subject.
According to a 2016 survey, 1 in 3 States require high school students to take a personal finance course, and only 5 States require high school students to take a semester long personal finance course.
The percentage of Americans grading themselves with an A or B in personal finance knowledge has declined from 60 percent in 2013 to 56 percent in 2016. In 2016, 75 percent of Americans admitted they could benefit from additional advice and answers to everyday financial questions from a professional. Most adults feel that their financial literacy skills are inadequate, yet they do not rely on anyone else to handle their finances; they feel it is important to know more but have received no financial education.
It is necessary to respond immediately to the pressing needs of individuals faced with the loss of their financial stability; however increased attention must also be paid to financial literacy education reform and long-term solutions to prevent future personal financial disasters.
Research-based financial literacy education programs are needed to reach individuals at all ages and socioeconomic levels, particularly those facing unique and challenging financial situations, such as high school graduates entering the workforce, soon-to-be and recent college graduates, young families, and to address the unique needs of military personnel and their families.
High school and college students who are exposed to cumulative financial education show an increase in financial knowledge, which in turn drives increasingly responsible behavior as they become young adults.
Sixty percent of parents identify their teens as “quick spenders”, and most acknowledge they could do a better job of teaching and preparing kids for the financial challenges of adulthood, including budgeting, saving, and investing.
The majority (52 percent) of young adults ages 23 through 28 consider “making better choices about managing money”, the single most important issue for individual Americans to act on today.
According to the Government Accountability Office, giving Americans the information they need to make effective financial decisions can be key to their well-being and to the country’s economic health. The recent financial crisis, when many borrowers failed to fully understand the risks associated with certain financial products, underscored the need to improve individuals’ financial literacy and empower all Americans to make informed financial decisions. This is especially true for young people as they are earning their first paychecks, securing student aid, and establishing their financial independence. Therefore, focusing economic education and financial literacy efforts and best practices for young people ages 8 through 24 is of utmost importance.
Sec. 40703 Authorization for funding the establishment of centers of excellence in financial literacy education
In general— The Director of the Bureau of Consumer Financial Protection, in consultation with the Financial Literacy and Education Commission established under the Financial Literacy and Education Improvement Act, shall make competitive grants to and enter into agreements with eligible institutions to establish centers of excellence to support research, development and planning, implementation, and evaluation of effective programs in financial literacy education for young people and families ages 8 through 24 years old.
Authorized activities— Activities authorized to be funded by grants made under subsection (a) shall include the following:
Developing and implementing comprehensive research based financial literacy education programs for young people—
based on a set of core competencies and concepts established by the Director, including goal setting, planning, budgeting, managing money or transactions, tools and structures, behaviors, consequences, both long- and short-term savings, managing debt and earnings; and
which can be incorporated into educational settings through existing academic content areas, including materials that appropriately serve various segments of at-risk populations, particularly minority and disadvantaged individuals.
Designing instructional materials using evidence-based content for young families and conducting related outreach activities to address unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending.
Developing and supporting the delivery of professional development programs in financial literacy education to assure competence and accountability in the delivery system.
Improving access to, and dissemination of, financial literacy information for young people and families.
Reducing student loan default rates by developing programs to help individuals better understand how to manage educational debt through sustained educational programs for college students.
Conducting ongoing research and evaluation of financial literacy education programs to assure learning of defined skills and knowledge, and retention of learning.
Developing research-based assessment and accountability of the appropriate applications of learning over short and long terms to measure effectiveness of authorized activities.
Priority for certain applications— The Director shall give a priority to applications that—
provide clear definitions of “financial literacy” and “financially literate” to clarify educational outcomes;
establish parameters for identifying the types of programs that most effectively reach young people and families in unique life situations and financial pitfalls, including bankruptcy, foreclosure, credit card misuse, and predatory lending;
include content that is appropriate to age and socioeconomic levels;
develop programs based on educational standards, definitions, and research;
include individual goals of financial independence and stability; and
establish professional development and delivery systems using evidence-based practices.
Application and evaluation standards and procedures; distribution criteria— The Director shall establish application and evaluation standards and procedures, distribution criteria, and such other forms, standards, definitions, and procedures as the Director determines to be appropriate.
Limitation on grant amounts—
In general— The aggregate amount of grants made under this section during any fiscal year may not exceed $55,000,000.
Termination— No grants may be made under this section after the end of fiscal year 2022.
Definitions— For purposes of this subtitle the following definitions shall apply:
Director— The term “Director” means the Director of the Bureau of Consumer Financial Protection.
Eligible institution— The term eligible institution means a partnership of two or more of the following:
Institution of higher education.
Local educational agency.
A nonprofit agency, organization, or association.
A financial institution.
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(a)).
H Improving Access to Traditional Banking
Sec. 40801 Short title
This subtitle may be cited as the “Improving Access to Traditional Banking Act of 2020”.
Sec. 40802 Office for Under-Banked and Un-Banked Consumers
Section 1013 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493) is amended by adding at the end the following:
“(i) Office for Under-Banked and Un-Banked Consumers
“(1) Establishment—Before the end of the 90-day period beginning on the date of the enactment of the subsection, the Bureau shall establish an Office for Under-Banked and Un-Banked Consumers (hereinafter referred to as the “Office”), the functions of which shall include activities designed to better assess the reasons for the lack of, and help increase the participation of, under-banked and un-banked consumers in the banking system, including the coordination with other Federal and State financial services agencies on this matter to ensure the most efficient and effective use of governmental resources.
“(2) Duties—The Office shall—
“(A) conduct research to identify any causes and challenges contributing to the decision of individuals who, and households that, choose not to initiate or maintain on-going and sustainable relationships with depository institutions, including consulting with trade associations representing minority depository institutions, and organizations representing the interests of traditionally underserved consumers and communities, and organizations representing the interests of consumers, particularly low- and moderate-income individuals, civil rights groups, community groups, and consumer advocates, about this matter;
“(B) identify best practices, develop and implement strategies to increase the participation of under-banked and un-banked consumers in the banking system; and
“(C) submit a report to Congress, within two years of the establishment of the Office and annually thereafter, that identifies any factors impeding the ability to, or limiting the option for, individuals or households to have access to on-going and sustainable relationships with depository institutions to meet their financial needs, discusses any regulatory, legal, or structural barriers to enhancing participation of under-banked and un-banked consumers with depository institutions, and contains regulatory and legislative recommendations to promote better participation for all consumers with the banking system.”
I Fair Lending For All
Sec. 40901 Short title
This subtitle may be cited as the “Fair Lending for All Act”.
Sec. 40902 Office of Fair Lending Testing
Establishment— There is established within the Bureau of Consumer Financial Protection an Office of Fair Lending Testing (hereinafter referred to as the “Office”).
Director— The head of the Office shall be a Director, who shall—
be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection;
appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and
provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection.
Civil service position— The position of the Director shall be a career position within the civil service.
Testing—
In general— The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information.
Referral of violations— If, in carrying out the testing described under paragraph (1), the Office believes a person has violated the Equal Credit Opportunity Act, the Office shall refer such violation in writing to the Attorney General for appropriate action.
Report to Congress— Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: “In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A.”.
Sec. 40903 Prohibition on credit discrimination
Subsection (a) of 701 of the Equal Credit Opportunity Act (15 U.S.C. 1691) is amended to read as follows:
“(a) It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction—
“(1) on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age (provided the applicant has the capacity to contract);
“(2) on the basis of the applicant’s zip code, or census tract;
“(3) because all or part of the applicant's income derives from any public assistance program; or
“(4) because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.”
Sec. 40904 Criminal penalties for violations of the Equal Credit Opportunity Act
In general— The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 706 the following:
“706A. Criminal penalties
“(a) Individual violations—Any person who knowingly and willfully violates this title shall be fined not more than $50,000, or imprisoned not more than 1 year, or both.
“(b) Pattern or practice
“(1) In general—Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both.
“(2) Personal liability of executive officers and directors of the board—Any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title (or who directs another agent, senior officer, or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched) shall be—
“(A) fined in an amount not to exceed 100 percent of the compensation (including stock options awarded as compensation) received by such officer or director from the entity—
“(i) during the time period in which the violations occurred; or
“(ii) in the one to three year time period preceding the date on which the violations were discovered; and
“(B) imprisoned for not more than 5 years.”
Clerical amendment— The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following:
Sec. 40905 Review of loan applications
In general— Subtitle C of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5531 et seq.) is amended by adding at the end the following:
“1038. Review of loan applications
“(a) In general—The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law.
“(b) Prohibition and enforcement—If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall—
“(1) prohibit the covered person from using such application or process; and
“(2) take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.”
Clerical amendment— The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1037 the following:
Sec. 40906 Mortgage data collection
In general— Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking “census tract, income level, racial characteristics, age, and gender” and inserting “the applicant or borrower’s zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, and age”.
Protection of privacy interests— Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended—
in clause (i), by striking “and” at the end;
by redesignating clause (ii) as clause (iii); and
by inserting after clause (i) the following:
“(ii) zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and”
J LEP Data Acquisition in Mortgage Lending
Sec. 41001 Short title
This subtitle may be cited as the “LEP Data Acquisition in Mortgage Lending Act”.
Sec. 41002 Preferred language question
Subpart A of part 2 of subtitle A of title 13 of the Housing and Community Development Act of 1992 (12 U.S.C. 4541 et seq.) is amended by adding at the end the following:
“1329. Uniform Residential Loan Application
“(a) In general—The Director shall, not later than February 1, 2020, require each enterprise to include a preferred language question, that is optional for borrowers, on the form known as the Uniform Residential Loan Application and include such question in the form in which it was presented for inclusion on the Uniform Residential Loan Application by the Federal Housing Finance Agency on October 20, 2017 as also written in subsection (b).
“(b) Form of Question—The preferred language question on the Uniform Residential Loan Application shall read as follows:
“(c) Response data—Any response of a borrower to the question described in subsection (a) shall be recorded by the mortgage originator of the borrower and such mortgage originator shall transfer the record of such response to any person who purchases or services the mortgage of the borrower.”
K Housing, Opportunity, Mobility and Equity
Sec. 41101 Short title
This subtitle may be cited as the “Housing, Opportunity, Mobility, and Equity Act of 2020”.
Sec. 41102 Requirement for CDBG grantees
Section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) is amended by adding at the end the following:
“(n) Strategy To increase the affordable housing stock
“(1) In general—Each grantee receiving assistance under this title shall—
“(A) include in the consolidated plan required under part 91 of title 24, Code of Federal Regulations (or any successor thereto), a strategy to support new inclusive zoning policies, programs, or regulatory initiatives that create a more affordable, elastic, and diverse housing supply and thereby increase economic growth and access to jobs and housing; and
“(B) include in the annual performance report submitted under section 91.520 of title 24, Code of Federal Regulations (or any successor thereto), the progress and implementation of the strategy described in subparagraph (A).
“(2) Inclusions—The strategy under paragraph (1) shall—
“(A) demonstrate—
“(i) transformative activities in communities that—
“(I) reduce barriers to housing development, including affordable housing; and
“(II) increase housing supply affordability and elasticity; and
“(ii) strong connections between housing, transportation, and workforce planning;
“(B) include, as appropriate, policies relating to inclusive land use, such as—
“(i) for the purpose of adding affordable units, increasing both the percentage and absolute number of affordable units—
“(I) authorizing high-density and multifamily zoning;
“(II) eliminating off-street parking requirements;
“(III) establishing density bonuses;
“(IV) streamlining or shortening permitting processes and timelines;
“(V) removing height limitations;
“(VI) establishing by-right development;
“(VII) using property tax abatements; and
“(VIII) relaxing lot size restrictions;
“(ii) prohibiting source of income discrimination;
“(iii) taxing vacant land or donating vacant land to nonprofit developers;
“(iv) allowing accessory dwelling units;
“(v) establishing development tax or value capture incentives; and
“(vi) prohibiting landlords from asking prospective tenants for their criminal history; and
“(C) provide that affordable housing units should, to the maximum extent practicable—
“(i) be designated as affordable for not less than 30 years;
“(ii) comprise not less than 20 percent of the new housing stock in the community; and
“(iii) be accessible to the population served by the program established under this title.”
Sec. 41103 Refundable credit for rent costs of eligible individuals
In general— Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36 the following new section:
“36A. Rent costs of eligible individuals
“(a) In general—In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the excess of—
“(1) the lesser of—
“(A) the mean fair market rental amount with respect to the individual, or
“(B) the rent paid during the taxable year by the individual (and, if married, the individual's spouse) for the principal residence of the individual, over
“(2) an amount equal to 30 percent of the adjusted gross income of the taxpayer for the taxable year.
“(b) Eligible individual—For purposes of this section—
“(1) In general—The term eligible individual means any individual if the rent paid during the taxable year by the individual (and, if married, the individual's spouse) for the principal residence of the individual exceeds 30 percent of the adjusted gross income of the taxpayer for the taxable year.
“(2) Exceptions—Such term shall not include any individual if—
“(A) the individual does not include on the return of tax for the taxable year such individual's taxpayer identification number and, if married, the taxpayer identification number of such individual's spouse, or
“(B) a deduction under section 151 with respect to such individual is allowable to another taxpayer for the taxable year.
“(3) Married individuals—Such term shall include an individual who is married only if a joint return is filed for the taxable year.
“(4) Special rules
“(A) Principal residence—The term principal residence has the same meaning as when used in section 121.
“(B) Married—Marital status shall be determined under section 7703.
“(c) Mean fair market rental amount—For purposes of this section, with respect to an individual, the mean fair market rental amount for a taxable year is the fair market rent (including the utility allowance) published by the Department of Housing and Urban Development for purposes of the Housing Choice Voucher Program, under the rule published in the Federal Register on November 16, 2016 (81 Fed. Reg. 80567), for the same area and a comparable rental unit as the individual's principal residence.
“(d) Rent—For purposes of this section, rent paid includes any amount paid for utilities of a type taken into account for purposes of determining the utility allowance under section 42(g)(2)(B)(ii).”
Clerical amendment— The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36 the following new item:
Conforming amendment— Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting “, 36A” after “36”.
Effective date— The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this subtitle.
Report— Not later than 2 years after the date of the enactment of this subtitle, the Secretary of the Treasury shall submit to Congress a report on the credit allowed under section 36A of the Internal Revenue Code of 1986 (as added by subsection (a)), including on whether taxpayers are fraudulently claiming such credit.
Sec. 41104 Refund to Rainy Day Savings Program
In general— Not later than December 31, 2021, the Secretary of the Treasury or the Secretary’s delegate (referred to in this section as the Secretary) shall establish and implement a program (referred to in this section as the Refund to Rainy Day Savings Program) to allow a participating taxpayer, pursuant to the requirements established under this section, to defer payment on 20 percent of the amount which would otherwise be refunded to such taxpayer as an overpayment (as described in section 6401 of the Internal Revenue Code of 1986).
Period of deferral— Except as provided under subsection (c)(5), a participating taxpayer may elect to defer payment of the amount described in subsection (a) and have such amount deposited in the Rainy Day Fund (as described in subsection (c)).
Rainy Day Fund—
In general— The Secretary shall establish a fund, in such manner as the Secretary determines to be appropriate, to be known as the “Rainy Day Fund”, consisting of any amounts described in subsection (a) on which payment has been deferred by participating taxpayers.
Investment— Any amounts deposited in the Rainy Day Fund shall be invested by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, in United States Treasury bills issued under chapter 31 of title 31, United States Code, with maturities suitable for the needs of the Fund and selected so as to provide the highest return on investment for participating taxpayers.
Disbursements from fund—
In general— On the date that is 180 days after receipt of the individual income tax return of a participating taxpayer, the amounts in the Rainy Day Fund shall be made available to the Secretary to distribute to such taxpayer in an amount equal to the amount deferred by such taxpayer under subsection (a) and any interest accrued on such amount (as determined under paragraph (4)).
Distributed to bank account— The amounts described in subparagraph (A) shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3).
Interest accrued— The amount of interest accrued on the amount deferred by a participating taxpayer under subsection (a) shall be determined by the Secretary, in coordination with the Bureau of the Fiscal Service of the Department of the Treasury, based upon the return on the investment of such amounts under paragraph (2).
Early withdrawal—
In general— On any date during the period between the date which is 30 days after receipt by the Secretary of the individual income tax return of the participating taxpayer and October 15 of the applicable year, such taxpayer may elect to terminate the deferral of the amount described under subsection (a) and receive a distribution from the Rainy Day Fund equal to such amount and any interest which has accrued on such amount up to that date.
Complete withdrawal— A participating taxpayer making an election under subparagraph (A) must terminate deferral of the full amount described under subsection (a), and such amount shall be distributed to the bank account identified by the participating taxpayer under subsection (d)(3).
Participating taxpayer— For purposes of this section, the term participating taxpayer means a taxpayer who—
has not requested or received an extension of the time for payment of taxes for such taxable year under section 6161 of the Internal Revenue Code of 1986;
prior to the due date for filing the return of tax for such taxable year, elects to participate in the Refund to Rainy Day Savings Program; and
provides the Secretary with a bank account number and any other financial information deemed necessary by the Secretary for purposes of paragraphs (3)(B) and (5)(B) of subsection (c).
Forms— The Secretary shall ensure that the election to defer payment of the amount described in subsection (a) may be claimed on Forms 1040, 1040A, and 1040EZ.
Implementation—
Educational materials and outreach— The Secretary shall—
design educational materials for taxpayers regarding financial savings and the Refund to Rainy Day Savings Program;
publicly disseminate and distribute such materials during the first calendar quarter of each calendar year and following disbursement of amounts described in subsection (c)(3); and
engage in outreach regarding the Refund to Rainy Day Savings Program to the Volunteer Income Tax Assistance program and paid tax preparers.
Information for participating taxpayers— The Secretary shall ensure that a participating taxpayer is able to electronically verify the status of the amount deferred by such taxpayer under subsection (a), including any interest accrued on such amount and the status of any distribution.
Federally funded benefits— Any amounts described in subsection (a) which are distributed to a participating taxpayer, including any interest accrued on such amount, shall be treated in the same manner as any refund made to such taxpayer under section 32 of the Internal Revenue Code of 1986 for purposes of determining the eligibility of such taxpayer for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.
L Lead-Safe Housing For Kids
Sec. 41201 Short title
This subtitle may be cited as the “Lead-Safe Housing for Kids Act of 2020”.
Sec. 41202 Amendments to the Lead-Based Paint Poisoning Prevention Act
Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended—
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
“(4) Additional procedures for families with children under the age of 6
“(A) Risk assessment
“(i) Definition—In this subparagraph, the term covered housing—
“(I) means housing receiving Federal assistance described in paragraph (1) that was constructed prior to 1978; and
“(II) does not include—
“(aa) single-family housing covered by an application for mortgage insurance under the National Housing Act (12 U.S.C. 1701 et seq.); or
“(bb) multi-family housing that—
“(AA) is covered by an application for mortgage insurance under the National Housing Act (12 U.S.C. 1701 et seq.); and
“(BB) does not receive any other Federal housing assistance.
“(ii) Regulations—Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2020, the Secretary shall promulgate regulations that—
“(I) require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards—
“(aa) in the case of covered housing receiving tenant-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which the family and the owner submit a request for approval of a tenancy;
“(bb) in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and
“(cc) in the case of covered housing not described in item (aa) or (bb), not later than a date established by the Secretary;
“(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I);
“(III) require that, if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the owner of the covered housing shall—
“(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead-based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable; and
“(bb) provide notice to all residents in the covered housing affected by the initial risk assessment, and provide notice in the common areas of the covered housing, that lead-based paint hazards were identified and will be controlled within the 30-day period described in item (aa); and
“(IV) provide that there shall be no extension of the 30-day period described in subclause (III)(aa).
“(iii) Exceptions—The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing—
“(I) if the owner of the covered housing submits to the Secretary documentation—
“(aa) that the owner conducted a risk assessment of the covered housing for lead-based paint hazards during the 12-month period preceding the date on which the family is expected to reside in the covered housing; and
“(bb) of any clearance examinations of lead-based paint hazard control work resulting from the risk assessment described in item (aa);
“(II) from which all lead-based paint has been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable;
“(III)
“(aa) if lead-based paint hazards are identified in the dwelling unit in the covered housing in which the family will reside or is expected to reside;
“(bb) the dwelling unit is unoccupied;
“(cc) the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another dwelling unit in the covered housing that has no lead-based paint hazards; and
“(dd) the common areas servicing the new dwelling unit have no lead-based paint hazards; and
“(IV) in accordance with any other standard or exception the Secretary deems appropriate based on health-based standards.
“(B) Relocation—Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2020, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under clause (ii), may relocate on an emergency basis and without placement on any waitlist, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to—
“(i) a dwelling unit that was constructed in 1978 or later; or
“(ii) another dwelling unit in covered housing that has no lead-based paint hazards.”
Sec. 41203 Authorization of appropriations
There is authorized to be appropriated to carry out the amendments made by section 41202 such sums as may be necessary for each of fiscal years 2022 through 2026.
M GROW Affordable Housing
Sec. 41301 Short titles
This subtitle may be cited as the “Generating Resources and Opportunities Within Affordable Housing Act” or the “GROW Affordable Housing Act”.
Sec. 41302 Affordable housing allocations
Section 1337(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4567(a)) is amended by striking “4.2 basis points” each place such term appears and inserting “10 basis points”.
N Expanding Opportunity for MDIs
Sec. 41401 Short title
This subtitle may be cited as the “Expanding Opportunity for Minority Depository Institutions Act” or the “Expanding Opportunity for MDIs Act”.
Sec. 41402 Establishment of Financial Agent Mentor-Protégé Program
In general— Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note) is amended by adding at the end the following new subsection:
“(d) Financial Agent Mentor-Protégé Program
“(1) In general—The Secretary of the Treasury shall establish a program to be known as the “Financial Agent Mentor-Protégé Program” (in this subsection referred to as the “Program”) under which a financial agent designated by the Secretary or a large financial institution may serve as a mentor, under guidance or regulations prescribed by the Secretary, to a small financial institution to allow such small financial institution—
“(A) to be prepared to perform as a financial agent; or
“(B) to improve capacity to provide services to the customers of the small financial institution.
“(2) Outreach—The Secretary shall hold outreach events to promote the participation of financial agents, large financial institutions, and small financial institutions in the Program at least once a year.
“(3) Exclusion—The Secretary shall issue guidance or regulations to establish a process under which a financial agent, large financial institution, or small financial institution may be excluded from participation in the Program.
“(4) Report—The Office of Minority and Women Inclusion of the Department of the Treasury shall include in the report submitted to Congress under section 342(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act information pertaining to the Program, including—
“(A) the number of financial agents, large financial institutions, and small financial institutions participating in such Program; and
“(B) the number of outreach events described in paragraph (2) held during the year covered by such report.
“(5) Definitions—In this subsection:
“(A) Financial agent—The term “financial agent” means any national banking association designated by the Secretary of the Treasury to be employed as a financial agent of the Government.
“(B) Large financial institution—The term “large financial institution” means any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets greater than or equal to $50,000,000,000.
“(C) Small financial institution—The term “small financial institution” means—
“(i) any entity regulated by the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, or the National Credit Union Administration that has total consolidated assets lesser than or equal to $2,000,000,000; or
“(ii) a minority depository institution.”
Effective date— This subtitle and the amendments made by this subtitle shall take effect 90 days after the date of the enactment of this subtitle.
O Closing the Racial Wealth Gap
Sec. 41501 Short title
This subtitle may be cited as the “Closing the Racial Wealth Gap Act of 2020”.
Sec. 41502 Findings
Congress finds that:
Between 1983 and 2016, the median Black family saw their wealth drop by more than half after adjusting for inflation, compared to a 33 percent increase for the median White household.
The Forbes 400 richest Americans own more wealth than all Black households plus a quarter of Latinx households.
Black families are about 20 times more likely to have zero or negative wealth (37 percent) than they are to have $1 million or more in assets (1.9 percent).
Latinx families are 14 times more likely to have zero or negative wealth (32.8 percent) than they are to reach the millionaire threshold (2.3 percent).
White families are equally likely to have zero or negative wealth (about 15 percent) as they are to be a millionaire (15 percent).
The rate of home ownership for Black families is the same today in 2019 as it was before passage of the Fair Housing Act of 1968.
The racial wealth gap is not an accident or the result of inadvisable financial choices by people of color, rather it is the result of the centuries of policies, programs, Supreme Court decisions and institutional practices that were designed to create barriers or to strip wealth from people of color.
Adjustments to Black and Latinx education rates, homeownership, savings and employment do not greatly reduce the racial wealth divide due to the structural underpinnings holding the racial wealth divide in place.
To understand and address the racial wealth gap, many experts believe we need federally funded data collection efforts with the ability to disaggregate sample sizes by race, ethnicity, tribal affiliation, and country of birth.
Analytical tools like the “Racial Wealth Audit” from the Institute on Assets and Social Policy (IASP) and the “Racial Equity Toolkit” from the Government Alliance on Racial Equity (GARE) are needed to provide a framework to assess how legislation will widen or narrow the racial wealth divide.
Changes in individual behavior will not close the racial wealth divide, only structural systemic policy change.
Sec. 41503 Data collection on race and wealth
Section 10 of the Federal Reserve Act (12 U.S.C. 241 et seq.) is amended by inserting before paragraph (12) the following:
“(11) Data collection on race and wealth—The Board of Governors of the Federal Reserve System shall, in carrying out any Survey of Consumer Finances or Survey of Household Economics and Decisionmaking, including the collection of localized data, collect information on household assets and debt disaggregated by respondent race, ethnicity, tribal affiliation, and ancestral origin.”
P Housing Financial Literacy
Sec. 41601 Short title
This subtitle may be cited as the “Housing Financial Literacy Act of 2020”.
Sec. 41602 Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs
The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended—
by inserting before the comma the following: “and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement”; and
by striking “not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage” and inserting “be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph”.
Q Rent Relief
Sec. 41701 Short title
This subtitle may be cited as the “Rent Relief Act of 2020”.
Sec. 41702 Refundable credit for rent paid for principal residence
In general— Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section:
“36C. Rent paid for principal residence
“(a) In general—In the case of an individual who leases the individual’s principal residence (within the meaning of section 121) during the taxable year and who pays rent with respect to such residence in excess of 30 percent of the taxpayer’s gross income for such taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to the applicable percentage of such excess.
“(b) Credit limited by 100 percent of small area fair market rent—Solely for purposes of determining the amount of the credit allowed under subsection (a) with respect to a residence for the taxable year, there shall not be taken into account rent in excess of an amount equal to 100 percent of the small area fair market rent (including the utility allowance) applicable to the residence involved (as most recently published, as of the beginning of the taxable year, by the Department of Housing and Urban Development).
“(c) Definitions and special rules—For purposes of this section—
“(1) Applicable percentage
“(A) In general—Except as provided in subparagraph (B), the applicable percentage shall be determined in accordance with the following table:
“(B) High-cost areas—In the case of an individual whose principal residence is located in an area for which, under the rule published in the Federal Register on November 16, 2016 (81 Fed. Reg. 80567), the small area fair market rent is used for purposes of the Housing Choice Voucher Program, each of the dollar amounts in the table contained in subparagraph (A) shall be increased by $25,000.
“(2) Partial year residence—The Secretary shall prescribe such rules as are necessary to carry out the purposes of this section for taxpayers with respect to whom a residence is a principal residence for only a portion of the taxable year.
“(3) Special rule for individuals residing in government-subsidized housing—In the case of a principal residence—
“(A) the rent with respect to which is subsidized under a Federal, State, local, or tribal program, and
“(B) with respect to which the taxpayer elects the application of this paragraph,
“(4) Rent—The term rent includes any amount paid for utilities of a type taken into account for purposes of determining the utility allowance under section 42(g)(2)(B)(ii).
“(d) Reconciliation of credit and advance payments—The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527A for such taxable year.”
Advance payment— Chapter 77 of the Internal Revenue Code of 1986 is amended by inserting after section 7527 the following new section:
“7527A. Advance payment of middle class tax credit
“(a) In general—Not later than 6 months after the date of the enactment of the Rent Relief Act of 2019, the Secretary shall establish a program for making advance payments of the credit allowed under section 36C on a monthly basis to any taxpayer who—
“(1) the Secretary has determined will be allowed such credit for the taxable year, and
“(2) has made an election under subsection (c).
“(b) Amount of advance payment
“(1) In general—For purposes of subsection (a), the amount of the monthly advance payment of the credit provided to a taxpayer during the applicable period shall be equal to the lesser of—
“(A) an amount equal to—
“(i) the amount of the credit which the Secretary has determined will be allowed to such taxpayer under section 36C for the taxable year ending in such applicable period, divided by
“(ii) 12, or
“(B) such other amount as is elected by the taxpayer.
“(2) Applicable period—For purposes of this section, the term applicable period means the 12-month period from the month of July of the taxable year through the month of June of the subsequent taxable year.
“(c) Election of advance payment—A taxpayer may elect to receive an advance payment of the credit allowed under section 36C for any taxable year by including such election on a timely filed return for the preceding taxable year.
“(d) Internal Revenue Service notification—The Internal Revenue Service shall take such steps as may be appropriate to ensure that taxpayers who are eligible to receive the credit under section 36C are aware of the availability of the advance payment of such credit under this section.
“(e) Authority—The Secretary may prescribe such regulations or other guidance as may be appropriate or necessary for the purposes of carrying out this section.”
Clerical amendments—
In general— The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item:
Advance payment— The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527 the following new item:
Effective date— The amendments made by this section shall apply with respect to taxable years beginning after December 31, 2022.
R Safe Housing For Families
Sec. 41801 Short title
This subtitle may be cited as the “Safe Housing for Families Act”.
Sec. 41802 Carbon monoxide detectors in federally assisted housing
Supportive housing for the elderly— Section 202(j) of the Housing Act of 1949 (12 U.S.C. 1701q(j)) is amended by adding at the end the following:
“(9) Carbon monoxide detectors
“(A) In general—Each owner of a dwelling unit assisted under this section shall ensure that not less than 1 carbon monoxide detector is installed per floor in the dwelling unit in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.
“(B) Rehabilitation—Each owner of a dwelling unit assisted under this section that is located in a property that is undergoing or planning a substantial rehabilitation project shall ensure that, during that rehabilitation, not less than 1 carbon monoxide detector is installed per floor in the dwelling unit in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.”
Supportive housing for persons with disabilities— Section 811(j) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(j)) is amended by adding at the end the following:
“(7) Carbon monoxide detectors
“(A) In general—Each dwelling unit assisted under this section shall contain not less than 1 carbon monoxide detector installed per floor of the dwelling unit in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.
“(B) Rehabilitation—Each dwelling unit assisted under this section that is located in a property that is undergoing or planning a substantial rehabilitation project shall, during that rehabilitation, have installed not less than 1 carbon monoxide detector per floor of the dwelling unit in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.”
Public and section 8 housing— The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amended—
in section 3(a) (42 U.S.C. 1437a(a)), by adding at the end the following:
“(8) Carbon monoxide detectors
“(A) In general—Each public housing agency shall ensure, for each dwelling unit in public housing owned or operated by the public housing agency, that not less than 1 carbon monoxide detector is installed per floor in the dwelling unit in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.
“(B) Rehabilitation—With respect to public housing for which a public housing agency is undergoing or planning a substantial rehabilitation project, the public housing agency shall ensure that, during that rehabilitation, not less than 1 carbon monoxide detector is installed per floor in each dwelling unit located in that public housing in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.”
in section 8(o) (42 U.S.C. 1437f(o)), by adding at the end the following:
“(21) Carbon monoxide detectors
“(A) In general—Each owner of a dwelling unit receiving tenant-based assistance or project-based assistance under this subsection shall ensure that not less than 1 carbon monoxide detector is installed per floor in the dwelling unit in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.
“(B) Rehabilitation—With respect to a property receiving tenant-based assistance or project-based assistance for which the owner is undergoing or planning a substantial rehabilitation project, the owner shall ensure that, during that rehabilitation, not less than 1 carbon monoxide detector is installed per floor in each dwelling unit assisted in that property in accordance with standards and criteria acceptable to the Secretary for the protection of occupants in the dwelling unit.”
Additional funding— There are authorized to be appropriated to carry out the amendments made by this subtitle $1,000,000 for each of fiscal years 2022 through 2031.
S COVID–19 Mortgage Relief
Sec. 41901 Mortgage relief
Short title— This section may be cited as the “COVID–19 Mortgage Relief Act”.
Mortgage relief—
Forbearance and foreclosure moratorium for covered mortgage loans— Section 4022 of the CARES Act (15 U.S.C. 9056) is amended—
by striking “Federally backed mortgage loan” each place such term appears and inserting “covered mortgage loan”; and
in subsection (a)—
by amending paragraph (2) to read as follows:
“(2) Covered mortgage loan—The term covered mortgage loan means any credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a 1- to 4-unit dwelling or on residential real property that includes a 1- to 4-unit dwelling, except that it shall not include a credit transaction under an open end credit plan other than a reverse mortgage.”
by adding at the end the following:
“(3) Covered period—With respect to a loan, the term covered period means the period beginning on the date of enactment of this Act and ending 12 months after such date of enactment.”
Automatic forbearance for delinquent borrowers— Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as amended by paragraph (5) of this subsection, is further amended by adding at the end the following:
“(9) Automatic forbearance for delinquent borrowers
“(A) In general—Notwithstanding any other law governing forbearance relief—
“(i) any borrower whose covered mortgage loan became 60 days delinquent between March 13, 2021, and the date of enactment of this paragraph, and who has not already received a forbearance under subsection (b), shall automatically be granted a 60-day forbearance that begins on the date of enactment of this paragraph, provided that a borrower shall not be considered delinquent for purposes of this paragraph while making timely payments or otherwise performing under a trial modification or other loss mitigation agreement; and
“(ii) any borrower whose covered mortgage loan becomes 60 days delinquent between the date of enactment of this paragraph and the end of the covered period, and who has not already received a forbearance under subsection (b), shall automatically be granted a 60-day forbearance that begins on the 60th day of delinquency, provided that a borrower shall not be considered delinquent for purposes of this paragraph while making timely payments or otherwise performing under a trial modification or other loss mitigation agreement.
“(B) Initial extension—An automatic forbearance provided under subparagraph (A) shall be extended for up to an additional 120 days upon the borrower’s request, oral or written, submitted to the borrower’s servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency.
“(C) Subsequent extension—A forbearance extended under subparagraph (B) shall be extended for up to an additional 180 days, up to a maximum of 360 days (including the period of automatic forbearance), upon the borrower’s request, oral or written, submitted to the borrower’s servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency.
“(D) Right to elect to continue making payments—With respect to a forbearance provided under this paragraph, the borrower of such loan may elect to continue making regular payments on the loan. A borrower who makes such election shall be offered a loss mitigation option pursuant to subsection (d) within 30 days of resuming regular payments to address any payment deficiency during the forbearance.
“(E) Right to shorten forbearance—At a borrower’s request, any period of forbearance provided under this paragraph may be shortened. A borrower who makes such a request shall be offered a loss mitigation option pursuant to subsection (d) within 30 days of resuming regular payments to address any payment deficiency during the forbearance.
“(10) Automatic forbearance for certain reverse mortgage loans
“(A) In general—When any covered mortgage loan which is also a federally insured reverse mortgage loan, during the covered period, is due and payable due to the death of the last borrower or end of a deferral period or eligible to be called due and payable due to a property charge default, or if the borrower defaults on a property charge repayment plan, or if the borrower defaults for failure to complete property repairs, or if an obligation of the borrower under the Security Instrument is not performed, the mortgagee automatically shall be granted a six-month extension of—
“(i) the mortgagee’s deadline to request due and payable status from the Department of Housing and Urban Development;
“(ii) the mortgage’s deadline to send notification to the mortgagor or his or her heirs that the loan is due and payable;
“(iii) the deadline to initiate foreclosure;
“(iv) any reasonable diligence period related to foreclosure or the Mortgagee Optional Election;
“(v) if applicable, the deadline to obtain the due and payable appraisal; and
“(vi) any claim submission deadline, including the 6-month acquired property marketing period.
“(B) Forbearance period—The mortgagee shall not request due and payable status from the Secretary of Housing and Urban Development nor initiate foreclosure during this six-month period described under subparagraph (A), which shall be considered a forbearance period.
“(C) Extension—A forbearance provided under subparagraph (B) and related deadline extension authorized under subparagraph (A) shall be extended for an additional 180 days upon—
“(i) the borrower’s request, oral or written, submitted to the borrower’s servicer affirming that the borrower is experiencing a financial hardship that prevents the borrower from making payments on property charges, completing property repairs, or performing an obligation of the borrower under the Security Instrument due, directly or indirectly, to the COVID–19 emergency;
“(ii) a non-borrowing spouse’s request, oral or written, submitted to the servicer affirming that the non-borrowing spouse has been unable to satisfy all criteria for the Mortgagee Optional Election program due, directly or indirectly, to the COVID–19 emergency, or to perform all actions necessary to become an eligible non-borrowing spouse following the death of all borrowers; or
“(iii) a successor-in-interest of the borrower’s request, oral or written, submitted to the servicer affirming the heir’s difficulty satisfying the reverse mortgage loan due, directly or indirectly, to the COVID–19 emergency.
“(D) Curtailment of debenture interest—Where any covered mortgage loan which is also a federally insured reverse mortgage loan is in default during the covered period and subject to a prior event which provides for curtailment of debenture interest in connection with a claim for insurance benefits, the curtailment of debenture interest shall be suspended during any forbearance period provided herein.”
Additional Foreclosure and repossession protections— Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)) is amended—
in paragraph (2), by striking “may not initiate any judicial or non-judicial foreclosure process, move for a foreclosure judgment or order of sale, or execute a foreclosure-related eviction or foreclosure sale for not less than the 60-day period beginning on March 18, 2021” and inserting “may not initiate or proceed with any judicial or non-judicial foreclosure process, schedule a foreclosure sale, move for a foreclosure judgment or order of sale, execute a foreclosure related eviction or foreclosure sale for six months after the date of enactment of the COVID–19 HERO Act”; and
by adding at the end the following:
“(3) Repossession moratorium—In the case of personal property, including any recreational or motor vehicle, used as a dwelling, no person may use any judicial or non-judicial procedure to repossess or otherwise take possession of such property for six months after date of enactment of this paragraph.”
in subsection (b), by striking paragraphs (1), (2), and (3) and inserting the following:
“(1) In general—During the covered period, a borrower with a covered mortgage loan who has not obtained automatic forbearance pursuant to this section and who is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency may request forbearance on the loan, regardless of delinquency status, by—
“(A) submitting a request, orally or in writing, to the servicer of the loan; and
“(B) affirming that the borrower is experiencing a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency.
“(2) Duration of forbearance
“(A) In general—Upon a request by a borrower to a servicer for forbearance under paragraph (1), such forbearance shall be granted by the servicer for the period requested by the borrower, up to an initial length of 180 days, the length of which shall be extended by the servicer, at the request of the borrower for the period or periods requested, for a total forbearance period of up to 12 months.
“(B) Minimum forbearance amounts—For purposes of granting a forbearance under this paragraph, a servicer may grant an initial forbearance with a term of not less than 90 days, provided that it is automatically extended for an additional 90 days unless the servicer confirms the borrower does not want to renew the forbearance or that the borrower is no longer experiencing a financial hardship that prevents the borrower from making timely mortgage payments due, directly or indirectly, to the COVID–19 emergency.
“(C) Right to shorten forbearance—At a borrower’s request, any period of forbearance described under this paragraph may be shortened. A borrower who makes such a request shall be offered a loss mitigation option pursuant to subsection (d) within 30 days of resuming regular payments to address any payment deficiency during the forbearance.
“(3) Accrual of interest or fees—A servicer shall not charge a borrower any fees, penalties, or interest (beyond the amounts scheduled or calculated as if the borrower made all contractual payments on time and in full under the terms of the mortgage contract) in connection with a forbearance, provided that a servicer may offer the borrower a modification option at the end of a forbearance period granted hereunder that includes the capitalization of past due principal and interest and escrow payments as long as the borrower’s principal and interest payment under such modification remains at or below the contractual principal and interest payments owed under the terms of the mortgage contract before such forbearance period except as the result of a change in the index of an adjustable rate mortgage.
“(4) Communication with servicers—Any communication between a borrower and a servicer described under this section may be made in writing or orally, at the borrower’s choice.
“(5) Communication with borrowers with a disability—Upon request from a borrower, servicers shall communicate with borrowers who have a disability in the borrower's preferred method of communication. For purposes of this paragraph, the term “disability” has the meaning given that term in the Fair Housing Act, the Americans with Disabilities Act of 1990, or the Rehabilitation Act of 1973.”
in subsection (c), by amending paragraph (1) to read as follows:
“(1) No documentation required—A servicer of a covered mortgage loan shall not require any documentation with respect to a forbearance under this section other than the borrower’s affirmation (oral or written) to a financial hardship that prevents the borrower from making timely payments on the covered mortgage loan due, directly or indirectly, to the COVID–19 emergency. An oral request for forbearance and oral affirmation of hardship by the borrower shall be sufficient for the borrower to obtain or extend a forbearance.”
Other servicer requirements during forbearance— Section 4022(c) of the CARES Act (15 U.S.C. 9056(c)), as amended by paragraph (3) of this subsection, is further amended by adding at the end the following:
“(4) Forbearance terms notice—Within 30 days of a servicer of a covered mortgage loan providing forbearance to a borrower under subsection (b) or paragraph (9) or (10), or 10 days if the forbearance is for a term of less than 60 days, but only where the forbearance was provided in response to a borrower’s request for forbearance or when an automatic forbearance was initially provided under paragraph (9) or (10), and not when an existing forbearance is automatically extended, the servicer shall provide the borrower with a notice in accordance with the terms in paragraph (5).
“(5) Contents of notice—The written notice required under paragraph (4) shall state in plain language—
“(A) the specific terms of the forbearance;
“(B) the beginning and ending dates of the forbearance;
“(C) that the borrower is eligible for up to 12 months of forbearance;
“(D) that the borrower may request an extension of the forbearance unless the borrower will have reached the maximum period at the end of the forbearance;
“(E) that the borrower may request that the initial or extended period be shortened at any time;
“(F) that the borrower should contact the servicer before the end of the forbearance period;
“(G) a description of the loss mitigation options that may be available to the borrower at the end of the forbearance period based on the borrower’s specific loan;
“(H) information on how to find a housing counseling agency approved by the Department of Housing and Urban Development;
“(I) in the case of a forbearance provided pursuant to paragraph (9) or (10), that the forbearance was automatically provided and how to contact the servicer to make arrangements for further assistance, including any renewal; and
“(J) where applicable, that the forbearance is subject to an automatic extension including the terms of any such automatic extensions and when any further extension would require a borrower request.
“(6) Treatment of escrow accounts—During any forbearance provided under this section, a servicer shall pay or advance funds to make disbursements in a timely manner from any escrow account established on the covered mortgage loan.
“(7) Notification for borrowers—During the period that begins 90 days after the date of the enactment of this paragraph and ends at the end of the covered period, each servicer of a covered mortgage loan shall be required to—
“(A) make available in a clear and conspicuous manner on their web page accurate information, in English and Spanish, for borrowers regarding the availability of forbearance as provided under subsection (b); and
“(B) notify every borrower whose payments on a covered mortgage loan are delinquent in any oral communication with or to the borrower that the borrower may be eligible to request forbearance as provided under subsection (b), except that such notice shall not be required if the borrower already has requested forbearance under subsection (b).
“(8) Certain treatment under RESPA—As long as a borrower’s payment on a covered mortgage loan was not more than 30 days delinquent on March 13, 2021, a servicer may not deem the borrower as delinquent while a forbearance granted under subsection (b) is in effect for purposes of the application of sections 6 and 10 of the Real Estate Settlement Procedures Act and any applicable regulations.”
Post-forbearance loss mitigation—
Amendment to CARES Act— Section 4022 of the CARES Act (15 U.S.C. 9056) is amended by adding at the end the following:
“(d) Post-Forbearance loss mitigation
“(1) Notice of availability of additional forbearance—With respect to any covered mortgage loan as to which forbearance under this section has been granted and not otherwise extended, including by automatic extension, a servicer shall, no later than 30 days before the end of the forbearance period, in writing, notify the borrower that additional forbearance may be available and how to request such forbearance, except that no such notice is required where the borrower already has requested an extension of the forbearance period, is subject to automatic extension pursuant to subsection (b)(2)(B), or no additional forbearance is available.
“(2) Loss mitigation offer before expiration of forbearance—No later than 30 days before the end of any forbearance period that has not been extended or 30 days after a request by a consumer to terminate the forbearance, which time shall be before the servicer initiates or engages in any foreclosure activity listed in subsection (c)(2), including incurring or charging to a borrower any fees or corporate advances related to a foreclosure, the servicer shall, in writing—
“(A) offer the borrower a loss mitigation option, without the charging of any fees or penalties other than interest, such that the borrower’s principal and interest payment remains the same as it was prior to the forbearance, subject to any adjustment of the index pursuant to the terms of an adjustable rate mortgage, and that either—
“(i) defers the payment of total arrearages, including any escrow advances, to the end of the existing term of the loan, without the charging or collection of any additional interest on the deferred amounts; or
“(ii) extends the term of the mortgage loan, and capitalizes, defers, or forgives all escrow advances and other arrearages,
“(B) concurrent with the loss mitigation offer in subparagraph (A), notify the borrower that the borrower has the right to be evaluated for other loss mitigation options if the borrower is not able to make the payment under the option offered in subparagraph (A).
“(3) Evaluation for loss mitigation prior to foreclosure initiation—Before a servicer may initiate or engage in any foreclosure activity listed in subsection (c)(2), including incurring or charging to a borrower any fees or corporate advances related to a foreclosure on the basis that the borrower has failed to perform under the loss mitigation offer in paragraph (2)(A) within the first 90 days after the option is offered, including a failure to accept the loss mitigation offer in paragraph (2)(A), the servicer shall—
“(A) unless the borrower has already submitted a complete application that the servicer is reviewing—
“(i) notify the borrower in writing of the documents and information, if any, needed by the servicer to enable the servicer to consider the borrower for all available loss mitigation options; and
“(ii) exercise reasonable diligence to obtain the documents and information needed to complete the borrower’s loss mitigation application; and
“(B) upon receipt of a complete application or if, despite the servicer’s exercise of reasonable diligence, the loss mitigation application remains incomplete sixty days after the notice in paragraph (2)(A) is sent, conduct an evaluation of the complete or incomplete loss mitigation application without reference to whether the borrower has previously submitted a complete loss mitigation application and offer the borrower all available loss mitigation options for which the borrower qualifies under applicable investor guidelines, including guidelines regarding required documentation.
“(4) Effect on future requests for loss mitigation review—An application, offer, or evaluation for loss mitigation under this section shall not be the basis for the denial of a borrower’s application as duplicative or for a reduction in the borrower’s appeal rights under Regulation X (12 C.F.R. 1024) in regard to any loss mitigation application submitted after the servicer has complied with the requirements of paragraphs (2) and (3).
“(5) Safe harbor—Any loss mitigation option authorized by the Federal National Mortgage Association, the Federal Home Loan Corporation, or the Federal Housing Administration that either—
“(A) defers the payment of total arrearages, including any escrow advances, to the end of the existing term of the loan, without the charging or collection of any additional interest on the deferred amounts; or
“(B) extends the term of the mortgage loan, and capitalizes, defers, or forgives all escrow advances and other arrearages, without the charging of any fees or penalties beyond interest on any amount capitalized into the loan principal,
“(6) Home retention options for certain reverse mortgage loans
“(A) In general—For a covered mortgage loan which is also a federally insured reverse mortgage loan, a servicer’s conduct shall be deemed to comply with this section provided that if the loan is eligible to be called due and payable due to a property charge default, the mortgagee shall, as a precondition to sending a due and payable request to the Secretary or initiating or continuing a foreclosure process—
“(i) make a good faith effort to communicate with the borrower regarding available home retention options to cure the property charge default, including encouraging the borrower to apply for home retention options; and
“(ii) consider the borrower for all available home retention options as allowed by the Secretary.
“(B) Permissible repayment plans—The Secretary shall amend its allowable home retention options to permit a repayment plan of up to 120 months in length, and to permit a repayment plan without regard to prior defaults on repayment plans.
“(C) Limitation on interest curtailment—The Secretary may not curtail interest paid to mortgagees who engage in loss mitigation or home retention actions through interest curtailment during such loss mitigation or home retention review or during the period when a loss mitigation or home retention plan is in effect and ending 90 days after any such plan terminates.”
Amendment to Housing Act of 1949— Section 505 of the Housing Act of 1949 (42 U.S.C. 1475) is amended—
by striking the section heading and inserting “Loss Mitigation and Foreclosure Procedures”;
in subsection (a), by striking the section designation and all that follows through “During any” and inserting the following:
“505.
“(a) Moratorium—(1) In determining a borrower’s eligibility for relief, the Secretary shall make all eligibility decisions based on the borrower’s household’s income, expenses, and circumstances.
“(2) During any”
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following new subsection:
“(b) Loan Modification
“(1) Notwithstanding any other provision of this title, for any loan made under section 502 or 504, the Secretary may modify the interest rate and extend the term of such loan for up to 30 years from the date of such modification.
“(2) At the end of any moratorium period granted under this section or under the COVID–19 HERO Act, the Secretary shall determine whether the borrower can reasonably resume making principal and interest payments after the Secretary modifies the borrower’s loan obligations in accordance with paragraph (1).”
by striking “Federally backed multifamily mortgage loan” each place such term appears and inserting “multifamily mortgage loan”;
in subsection (b), by striking “during” and inserting “due, directly or indirectly, to”;
in subsection (c)(1)—
in subparagraph (A), by adding “and” at the end; and
by striking subparagraphs (B) and (C) and inserting the following:
“(B) provide the forbearance for up to the end of the period described under section 4024(b).”
by redesignating subsection (f) as subsection (g);
by inserting after subsection (e) the following:
“(f) Treatment after forbearance—With respect to a multifamily mortgage loan provided a forbearance under this section, the servicer of such loan—
“(1) shall provide the borrower with a 12-month period beginning at the end of such forbearance to become current on the payments under such loan;
“(2) may not charge any late fees, penalties, or other charges with respect to payments on the loan that were due during the forbearance period, if such payments are made before the end of the 12-month period; and
“(3) may not report any adverse information to a credit rating agency (as defined under section 603 of the Fair Credit Reporting Act with respect to any payments on the loan that were due during the forbearance period, if such payments are made before the end of the 12-month period.)”
in subsection (g), as so redesignated—
in paragraph (2)—
by striking “that—” and all that follows through “(A) is secured by” and inserting “that is secured by”;
by striking “; and” and inserting a period; and
by striking subparagraph (B); and
by amending paragraph (5) to read as follows:
“(5) Covered period—With respect to a loan, the term covered period has the meaning given that term under section 4022(a)(3).”
Renter protections during forbearance period— A borrower that receives a forbearance pursuant to section 4022 or 4023 of the CARES Act (15 U.S.C. 9056 or 9057) may not, for the duration of the forbearance—
evict or initiate the eviction of a tenant solely for nonpayment of rent or other fees or charges; or
charge any late fees, penalties, or other charges to a tenant for late payment of rent.
Extension of GSE Patch—
Non-applicability of existing sunset— Section 1026.43(e)(4)(iii)(B) of title 12, Code of Federal Regulations, shall have no force or effect.
Extended sunset— The special rules in section 1026.43(e)(4) of title 12, Code of Federal Regulations, shall apply to covered transactions consummated prior to June 1, 2022, or such later date as the Director of the Bureau of Consumer Financial Protection may determine, by rule.
Servicer safe harbor from investor liability—
Safe harbor—
In general— A servicer of covered mortgage loans or multifamily mortgage loans shall be deemed not to have violated any duty or contractual obligation owed to investors or other parties regarding such mortgage loans on account of offering or implementing in good faith forbearance during the covered period or offering or implementing in good faith post-forbearance loss mitigation (including after the expiration of the covered period) in accordance with the terms of sections 4022 and 4023 of the CARES Act to borrowers, respectively, on covered or multifamily mortgage loans that it services and shall not be liable to any party who is owed such a duty or obligation or subject to any injunction, stay, or other equitable relief to such party on account of such offer or implementation of forbearance or post-forbearance loss mitigation.
Other persons— Any person, including a trustee of a securitization vehicle or other party involved in a securitization or other investment vehicle, who in good faith cooperates with a servicer of covered or multifamily mortgage loans held by that securitization or investment vehicle to comply with the terms of section 4022 and 4023 of the CARES Act, respectively, to borrowers on covered or multifamily mortgage loans owned by the securitization or other investment vehicle shall not be liable to any party who is owed such a duty or obligation or subject to any injunction, stay, or other equitable relief to such party on account of its cooperation with an offer or implementation of forbearance during the covered period or post-forbearance loss mitigation, including after the expiration of the covered period.
Standard industry practice— During the covered period, notwithstanding any contractual restrictions, it is deemed to be standard industry practice for a servicer to offer forbearance or loss mitigation options in accordance with the terms of sections 4022 and 4023 of the CARES Act to borrowers, respectively, on all covered or multifamily mortgage loans it services.
Rule of construction— Nothing in this paragraph may be construed as affecting the liability of a servicer or other person for actual fraud in the servicing of a mortgage loan or for the violation of a State or Federal law.
Definitions— In this paragraph:
Covered mortgage loan— The term covered mortgage loan has the meaning given that term under section 4022(a) of the CARES Act.
Covered period— The term covered period has the meaning given that term under section 4023(g) of the CARES Act.
Multifamily mortgage loan— The term multifamily mortgage loan has the meaning given that term under section 4023(g) of the CARES Act.
Servicer— The term servicer—
has the meaning given the term under section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)); and
means a master servicer and a subservicer, as such terms are defined, respectively, under section 1024.31 of title 12, Code of Federal Regulations.
Securitization vehicle— The term securitization vehicle has the meaning given that term under section 129A(f) of the Truth in Lending Act (15 U.S.C. 1639a(f)).
Amendments to National Housing Act— Section 306(g)(1) of the National Housing Act (12 U.S.C. 1721(a)) is amended—
in the fifth sentence, by inserting after “issued” the following: “, subject to any pledge or grant of security interest of the Federal Reserve under section 4003(a) of the CARES Act (Public Law 116–136; 134 Stat. 470; 15 U.S.C. 9042(a)) and to any such mortgage or mortgages or any interest therein and the proceeds thereon, which the Association may elect to approve”; and
in the sixth sentence—
by striking “or (C)” and inserting “(C)”; and
by inserting before the period the following: “, or (D) its approval and honoring of any pledge or grant of security interest of the Federal Reserve under section 4003(a) of the CARES Act and to any such mortgage or mortgages or any interest therein and proceeds thereon as”.
Bankruptcy protections—
Bankruptcy Protections for Federal Coronavirus Relief Payments— Section 541(b) of title 11, United States Code, is amended—
in paragraph (9), in the matter following subparagraph (B), by striking “or”;
in paragraph (10)(C), by striking the period at the end and inserting “; or”; and
by inserting after paragraph (10) the following:
“(11) payments made under Federal law relating to the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (COVID–19).”
Protection Against Discriminatory Treatment of Homeowners in Bankruptcy— Section 525 of title 11, United States Code, is amended by adding at the end the following:
“(d) A person may not be denied any forbearance, assistance, or loan modification relief made available to borrowers by a mortgage creditor or servicer because the person is or has been a debtor, or has received a discharge, in a case under this title.”
in subsection (d)(1), by striking “$15,000” and inserting “$100,000”; and
by adding at the end the following:
“(r) Notwithstanding any other provision of applicable nonbankruptcy law, a debtor in any State may exempt from property of the estate the property described in subsection (d)(1) not to exceed the value in subsection (d)(1) if the exemption for such property permitted by applicable nonbankruptcy law is lower than that amount.”
Effect of Missed Mortgage Payments on Discharge— Section 1328 of title 11, United States Code, is amended by adding at the end the following:
“(i) A debtor shall not be denied a discharge under this section because, as of the date of discharge, the debtor did not make 6 or fewer payments directly to the holder of a debt secured by real property.
“(j) Notwithstanding subsections (a) and (b), upon the debtor’s request, the court shall grant a discharge of all debts provided for in the plan that are dischargeable under subsection (a) if the debtor—
“(1) has made payments under a confirmed plan for at least 1 year; and
“(2) who is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–19) pandemic.”
Expanded eligibility for chapter 13— Section 109(e) of title 11, United States Code, is amended—
by striking “$250,000” each place the term appears and inserting “$850,000”; and
by striking “$750,000” each place the term appears and inserting “$2,600,000”.
Extended Cure Period for Homeowners Harmed by COVID–19 Pandemic—
In general— Chapter 13 of title 11, United States Code, is amended by adding at the end thereof the following:
“1331. Special provisions related to COVID–19 pandemic
“(a) Notwithstanding subsections (b)(2) and (d) of section 1322, if the debtor is experiencing or has experienced a material financial hardship due, directly or indirectly, to the coronavirus disease 2019 (COVID–19) pandemic, a plan may provide for the curing of any default within a reasonable time, not to exceed 7 years after the time that the first payment under the original confirmed plan was due, and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the expiration of such time. Any such plan provision shall not affect the applicable commitment period under section 1325(b).
“(b) For purposes of sections 1328(a) and 1328(b), any cure or maintenance payments under subsection (a) that are made after the end of the period during which the plan provides for payments (other than payments under subsection (a)) shall not be treated as payments under the plan.
“(c) Notwithstanding section 1329(c), a plan modified under section 1329 at the debtor’s request may provide for cure or maintenance payments under subsection (a) over a period that is not longer than 7 years after the time that the first payment under the original confirmed plan was due.
“(d) Notwithstanding section 362(c)(2), during the period after the debtor receives a discharge and the period during which the plan provides for the cure of any default and maintenance of payments under the plan, section 362(a) shall apply to the holder of a claim for which a default is cured and payments are maintained under subsection (a) and to any property securing such claim.
“(e) Notwithstanding section 1301(a)(2), the stay of section 1301(a) terminates upon the granting of a discharge under section 1328 with respect to all creditors other than the holder of a claim for which a default is cured and payments are maintained under subsection (a).”
Table of contents— The table of sections of chapter 13, title 11, United States Code, is amended by adding at the end thereof the following:
Application— The amendments made by this paragraph shall apply only to any case under title 11, United States Code, commenced before 3 years after the date of enactment of this subtitle and pending on or commenced after such date of enactment, in which a plan under chapter 13 of title 11, United States Code, was not confirmed before March 27, 2021.
Liquidity for mortgage servicers and residential rental property owners—
In general— Section 4003 of the CARES Act (15 U.S.C. 9042), is amended by adding at the end the following:
“(i) Liquidity for mortgage servicers
“(1) In general—Subject to paragraph (2), the Secretary shall ensure that servicers of covered mortgage loans (as defined under section 4022) and multifamily mortgage loans (as defined under section 4023) are provided the opportunity to participate in the loans, loan guarantees, or other investments made by the Secretary under this section. The Secretary shall ensure that servicers are provided with access to such opportunities under equitable terms and conditions regardless of their size.
“(2) Mortgage servicer eligibility—In order to receive assistance under subsection (b)(4), a mortgage servicer shall—
“(A) demonstrate that the mortgage servicer has established policies and procedures to use such funds only to replace funds used for borrower assistance, including to advance funds as a result of forbearance or other loss mitigation provided to borrowers;
“(B) demonstrate that the mortgage servicer has established policies and procedures to provide forbearance, post-forbearance loss mitigation, and other assistance to borrowers in compliance with the terms of section 4022 or 4023, as applicable;
“(C) demonstrate that the mortgage servicer has established policies and procedures to ensure that forbearance and post-forbearance assistance is available to all borrowers in a non-discriminatory fashion and in compliance with the Fair Housing Act, the Equal Credit Opportunity Act, and other applicable fair housing and fair lending laws; and
“(D) comply with the limitations on compensation set forth in section 4004.
“(3) Mortgage servicer requirements—A mortgage servicer receiving assistance under subsection (b)(4) may not, while the servicer is under any obligation to repay funds provided or guaranteed under this section—
“(A) pay dividends with respect to the common stock of the mortgage servicer or purchase an equity security of the mortgage servicer or any parent company of the mortgage servicer if the security is listed on a national securities exchange, except to the extent required under a contractual obligation that is in effect on the date of enactment of this subsection; or
“(B) prepay any debt obligation.”
Credit facility for residential rental property owners—
In general— The Board of Governors of the Federal Reserve System shall—
establish a facility, using amounts made available under section 4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)), to make long-term, low-cost loans to residential rental property owners as to temporarily compensate such owners for documented financial losses caused by reductions in rent payments; and
defer such owners’ required payments on such loans until after six months after the date of enactment of this subtitle.
Requirements— A borrower that receives a loan under this subsection may not, for the duration of the loan—
evict or initiate the eviction of a tenant solely for nonpayment of rent or other fees or charges;
charge any late fees, penalties, or other charges to a tenant for late payment of rent; and
with respect to a person or entity described under clause (iv), discriminate on the basis of source of income.
Report on residential rental property owners— The Board of Governors shall issue a report to the Congress containing the following, with respect to each property owner receiving a loan under this subsection:
The number of borrowers that received assistance under this subsection.
The average total loan amount that each borrower received.
The total number of rental units that each borrower owned.
The average rent charged by each borrower.
Report on large residential rental property owners— The Board of Governors shall issue a report to Congress that identifies any person or entity that in aggregate owns or holds a controlling interest in any entity that, in aggregate, owns—
more than 100 rental units that are located within a single Metropolitan Statistical Area;
more than 1,000 rental units nationwide; or
rental units in three or more States.
Mortgage performance data— Section 4003(c) of the CARES Act (Public Law 116–136) is amended by adding at the end the following:
“(4) Mortgage performance data
“(A) Monthly report
“(i) In general—A servicer of a residential mortgage loan receiving a loan, loan guarantee, or any other investment under this section shall, beginning in the first month in which the loan, loan guarantee, or investment was received, collect and provide loan-level data to the Bureau of Consumer Financial Protection on a monthly basis with respect all residential mortgage loans serviced by the servicer.
“(ii) Contents—Each monthly report required under this subparagraph shall contain identifying information and loan performance data for the most recent month as well as cumulative data since the servicer began reporting under this paragraph.
“(iii) Time period for reports—Reports under this paragraph shall be provided by a servicer every month in which a loan, loan guarantee, or any other investment under this section has been received and for 2 years following such receipt.
“(B) Identifying information—Each monthly report required under subparagraph (A) shall include the following loan-level identifying information:
“(i) Demographic data, for each borrower, including race, ethnicity, sex, and age.
“(ii) The location of the property, including by State, Metropolitan Statistical Area, postal code, census tract, and Metropolitan District, if applicable.
“(iii) Loan origination information, including original unpaid principal balance, original interest rate, first payment date, original loan term, and lien status (first or subordinate).
“(iv) Loan type and type of loan purchaser, as described under section 304 of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803) and the rules issued to carry out such section.
“(C) Loan performance data—Each monthly report required under subparagraph (A) shall include the following loan-level loan performance data:
“(i) Current loan information, including current actual unpaid principal balance, current interest rate, current loan delinquency status (based on the number of days the borrower is delinquent in payments based on the due date of the last paid loan payment), loan performance status (including current, forbearance, repayment plan, referred to foreclosure, trial modification, permanent modification, or foreclosed), and the date of the event leading to such status.
“(ii) Loss mitigation information, including—
“(I) whether the loan is currently being evaluated for loss mitigation, and if so the date upon which the current loss mitigation process was initiated and the date of complete application, if any;
“(II) the disposition of any previous loss mitigation evaluation reported pursuant to subclause (I) and the date of disposition, including—
“(aa) denied;
“(bb) temporary or short-term agreement, such as a repayment agreement or forbearance, and the length of such agreement (in months);
“(cc) trial loan modification;
“(dd) permanent loan modification; or
“(ee) other type of loss mitigation; and
“(III) for each permanent modification—
“(aa) whether the permanent modification included one or more of—
“(AA) additions of delinquent payments and fees to loan balances;
“(BB) interest rate reductions and freezes;
“(CC) term extensions;
“(DD) reductions of principal; or
“(EE) deferrals of principal; and
“(bb) whether the total monthly principal and interest payment, as a result of the permanent modification—
“(AA) increased;
“(BB) remained the same;
“(CC) decreased less than 10 percent;
“(DD) decreased between 10 and 20 percent; or
“(EE) decreased 20 percent or more.
“(D) Forbearance data—Each monthly report required under subparagraph (A) shall include, with respect to each loan for which a forbearance has been reported under subparagraph (C)(i), forbearance-specific data, including—
“(i) the total months of total forbearance granted to date; and
“(ii) the number of renewals of forbearance to date.
“(E) Public availability of aggregate data
“(i) In general—Using data submitted by servicers under this paragraph, the Director of the Bureau of Consumer Financial Protection shall make available aggregate data by servicer for each State, Metropolitan Statistical Area, and Metropolitan Division, as defined by the Office of Management and Budget. Such aggregate data shall be provided monthly by the Director to Congress and posted on the Bureau of Consumer Financial Protection’s website.
“(ii) Exception for certain personally identifiable data—If aggregate data described under clause (i) is nonetheless reasonably personally identifiable, the Director may report the aggregate data by servicer on the next larger geographic unit (such that, for example, data would not be reported by Municipal Division but only by Metropolitan Statistical Area and State).
“(F) Implementation—The Director of the Bureau of Consumer Financial Protection shall, within 60 days of the date of enactment of this paragraph, and in consultation with the Director of the Federal Housing Finance Agency and the Comptroller of the Currency, prescribe the format and method of submission of the data required under this paragraph. The Director of the Bureau may prescribe rules for the collection of the data in order to ensure accuracy, transparency, and complete data collection, including the collection and reporting of additional data elements, but may not require reporting of fewer data elements than prescribed by this paragraph nor less frequent reporting than required by this paragraph.
“(G) Definitions—In this paragraph:
“(i) COVID–19 emergency—The term COVID–19 emergency means the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.).
“(ii) Residential mortgage loan—The term residential mortgage loan has the meaning given that term under section 103(dd) of the Truth in Lending Act (15 U.S.C. 1602(dd)).
“(iii) Servicer—The term servicer has the meaning given in section 6(i) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(i)).”
T Improving FHA Support for Small Dollar Mortgages Act
Sec. 42001 Short title
This subtitle may be cited as the “Improving FHA Support for Small Dollar Mortgages Act of 2020”.
Sec. 42002 Review of FHA small-dollar mortgage practices
Congressional findings— The Congress finds that—
affordable homeownership opportunities are being hindered due to the lack of financing available for home purchases under $70,000;
according to the Urban Institute, small-dollar mortgage loan applications in 2017 were denied by lenders at double the rate of denial for large mortgage loans, and this difference in denial rates cannot be fully explained by differences in the applicants’ credit profiles;
according to data compiled by Attom Data solutions, small-dollar mortgage originations have decreased 38 percent since 2009, while there has been a 65 percent increase in origination of mortgages for more than $150,000;
the FHA’s mission is to serve creditworthy borrowers who are underserved and, according to the Urban Institute, the FHA serves 24 percent of the overall market, but only 19 percent of the small-dollar mortgage market; and
the causes behind these variations are not fully understood, but merit study that could assist in furthering the Department of Housing and Urban Development’s mission, including meeting the housing needs of borrowers the program is designed to serve and reducing barriers to homeownership, while protecting the solvency of the Mutual Mortgage Insurance Fund.
Review— The Secretary of Housing and Urban Development shall conduct a review of its FHA single-family mortgage insurance policies, practices, and products to identify any barriers or impediments to supporting, facilitating, and making available mortgage insurance for mortgages having an original principal obligation of $70,000 or less. Not later than the expiration of the 12-month period beginning on the date of the enactment of this subtitle, the Secretary shall submit a report to the Congress describing the findings of such review and the actions that the Secretary will take, without adversely affecting the solvency of the Mutual Mortgage Insurance Fund, to remove such barriers and impediments to providing mortgage insurance for such mortgages.
U Rental Eviction Moratorium
Sec. 42101 Short title
This subtitle may be cited as the “Rental Eviction Moratorium Act of 2020”.
Sec. 42102 Temporary moratorium on eviction filings
Congressional findings— The Congress finds that—
according to the 2018 American Community Survey, 36 percent of households in the United States—more than 43 million households—are renters;
in 2019 alone, renters in the United States paid $512 billion in rent;
according to the Joint Center for Housing Studies of Harvard University, 20.8 million renters in the United States spent more than 30 percent of their incomes on housing in 2018 and 10.9 million renters spent more than 50 percent of their incomes on housing in the same year;
Moody’s Analytics estimates that 27 million jobs in the United States economy are at high risk because of COVID–19;
the impacts of the spread of COVID–19, which is now considered a global pandemic, are expected to negatively impact the incomes of potentially millions of renter households, making it difficult for them to pay their rent on time; and
evictions in the current environment would increase homelessness and housing instability which would be counterproductive towards the public health goals of keeping individuals in their homes to the greatest extent possible.
Moratorium— During the period beginning on the date of the enactment of this subtitle and ending on the date described in paragraph (1) of subsection (d), the lessor of a covered dwelling may not make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the covered dwelling from the tenant regardless of cause, except when a tenant perpetrates a serious criminal act that threatens the health, life, or safety of other tenants or staff of the property in which the covered dwelling is located.
Definitions— For purposes of this section, the following definitions shall apply:
Covered dwelling— The term “covered dwelling” means a dwelling that is occupied by a tenant—
pursuant to a residential lease; or
without a lease or with a lease terminable at will under State law.
Dwelling— The term “dwelling” has the meaning given such term in section 802 of the Fair Housing Act (42 U.S.C. 3602) and includes houses and dwellings described in section 803(b) of such Act (42 U.S.C. 3603(b)).
Sunset—
Sunset date— The date described in this paragraph is the date of the expiration of the 6-month period that begins upon the termination by the Federal Emergency Management Agency of the emergency declared on March 13, 2020, by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 4121 et seq.) relating to the Coronavirus Disease 2019 (COVID–19) pandemic.
Notice to vacate after sunset date— After the date described in paragraph (1), the lessor of a covered dwelling may not require the tenant to vacate the covered dwelling before the expiration of the 30-day period that begins upon the provision by the lessor to the tenant, after the date described in paragraph (1), of a notice to vacate the covered dwelling.
V Education
A Computer Science for All
Sec. 50101 Short title
This subtitle may be cited as the “Computer Science for All Act of 2020”.
Sec. 50102 Findings
Congress finds that:
Computer science is transforming industry, creating new fields of commerce, driving innovation, and bolstering productivity.
There are more than 520,000 computing jobs unfilled in the United States as of January 2017. It is projected that there will be 1,400,000 new jobs in the technology sector by 2020; however, 70 percent of those jobs will be unfulfilled at the rate American universities are producing qualified graduates.
Knowledge of computer science and use of technology is increasingly essential for all individuals, not just those working or planning to work in the technology sector.
Providing students with computer science education in elementary school and secondary school is critical for student success, and strengthening the workforce of a 21st century economy.
While an estimated 90 percent of parents want computer science taught in their children’s schools, just 25 percent of all elementary schools and secondary schools offer high-quality computer science instruction that includes programming and coding.
African-Americans, Latinos, Native Americans, and Pacific Islanders are disproportionately underrepresented in the technology sector. About 9 percent of graduates from the Nation’s top computer science programs are from underrepresented minority groups. However, only 5 percent of employees at large tech firms belong to an underrepresented minority group
While underrepresented minority students overall face an opportunity gap in STEAM education, women of color particularly face an achievement gap in science and engineering education. In 2012, while women received 48.8 percent of all bachelor’s degrees in science and engineering majors, women of color received only 15.7 percent (Black: 5.3 percent; Latino: 5.5 percent; Native American or Alaska Native: 0.3 percent, and Asian or Pacific Islander: 4.6 percent).
Women overall face challenges in accessing computer science education. Only 18 percent of all bachelor’s degrees awarded in computer science in 2012 went to women, and women of color received only 6.6 percent (Black: 3.0 percent; Latino: 1.7 percent; Native American or Alaska Native: 0.1 percent, and Asian or Pacific Islander: 1.8 percent).
Disparities in enrollment and academic achievement start early. In 2016, only 23 percent of students taking the AP Computer Science exam were women, and just 16 percent were African-American or Latino.
Nationwide, only 88 Native American students took the AP Computer Science exam in 2016, a decrease from 2015. This means that while Native Americans make up about 1.1 percent of the U.S. student population, they made up 1/5 of a percent of students who took AP Computer Science exams in 2016.
Sec. 50103 Definitions
In this subtitle:
Computational thinking— The term computational thinking aims to capture the wide range of creative processes that go into formulating problems and their solutions in such a way that the solutions can be carried out by a computer, and may involve some understanding of software and hardware design, logic and the use of abstraction and representation, algorithm design, algorithm expression, problem decomposition, modularity, programming paradigms and languages, issues of information security and privacy, the application of computation across a wide range of disciplines, and the societal impact of computing. Programming is a hands-on, inquiry-based way in which computational thinking may be learned.
Computer science education— The term computer science education includes any of the following: computational thinking; software design; hardware architecture and organization; theoretical foundations; use of abstraction and representation in problem solving; logic; algorithm design and implementation; the limits of computation; programming paradigms and languages; parallel and distributed computing; information security and privacy; computing systems and networks; graphics and visualization; databases and information retrieval; the relationship between computing and mathematics; artificial intelligence; applications of computing across a broad range of disciplines and problems; and the social impacts and professional practices of computing.
Eligible Tribal school— The term eligible Tribal school means—
a school operated by the Bureau of Indian Education;
a school operated pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); or
a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)).
Institution of higher education— The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Local educational agency— The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8101).
Poverty line— The term poverty line has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8101).
Secretary— The term Secretary means the Secretary of Education.
Steam— The term STEAM means the subjects of science, technology, engineering, arts, and mathematics, including computer science.
Sec. 50104 Grants to states, local educational agencies, and eligible Tribal schools
Grants to states, local educational agencies, and eligible Tribal schools—
In general— The Secretary shall award grants to States, local educational agencies, and eligible Tribal schools—
that demonstrate an ability to carry out an ambitious computer science education expansion effort for all students served by the State, agency, or school, including traditionally underrepresented students; and
to serve as models for national replication of computer science education expansion efforts.
Consortia and partnerships— A State, local educational agency, or eligible Tribal school may apply for a grant under this section as part of a consortium or in partnership with a State educational agency or other partner.
Duration— Grants awarded under this section shall be for a period of not more than 5 years.
Application requirements— A State, local educational agency, or eligible Tribal school that desires 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, including, at a minimum, plans for the following:
Every high school student served by the State, local educational agency, or eligible Tribal school to have access to computer science education not later than 5 years after receipt of grant funds.
All students served by the State, local educational agency, or eligible Tribal school to have access to a progression of computer science education from prekindergarten through middle school that prepares students for high school computer science education.
Expansion of overall access to rigorous STEAM classes, utilizing computer science as a catalyst for increased interest in STEAM more broadly, and reducing the enrollment and academic achievement gap for underrepresented groups such as minorities, girls, and youth from families living at, or below, the poverty line.
Continuous monitoring and evaluation of project activities.
Effectively sustaining project activities after the grant period ends, and the length of time which the applicant plans to sustain the project activities.
Use of grant funds—
Required activities— A State, local educational agency, or eligible Tribal school that receives a grant under this section shall use the grant funds for the following activities:
Training teachers to teach computer science.
Expanding access to high-quality learning materials and online learning options.
Creating plans for expanding overall access to rigorous STEAM classes, utilizing computer science as a catalyst for increased interest in STEAM more broadly, and reducing course equity gaps for all students, including underrepresented groups such as minorities, girls, and youth from low-income families.
Ensuring additional support and resources, which may include mentoring for students traditionally underrepresented in STEAM fields.
Permissible activities— A State, local educational agency, or eligible Tribal school that receives a grant under this section may use the grant funds for the following activities:
Building effective regional collaborations with industry, nonprofit organizations, 2-year and 4-year degree granting institutions of higher education (including community colleges, Historically Black Colleges and Universities, Hispanic-serving institutions, Asian American and Native American Pacific Islander-serving institutions, American Indian Tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, Predominantly Black Institutions, Native American-serving, Non-Tribal institutions, and other minority-serving institutions), and out-of-school providers.
Recruiting and hiring instructional personnel as needed, including curriculum specialists.
Preparations for effectively sustaining project activities after the grant period ends.
Disseminating information about effective practices.
Limitation— Not more than 15 percent of a grant may be used to purchase equipment.
National activities— The Secretary may reserve not more than 2.5 percent of funds available for grants under this section for national activities, including technical assistance, evaluation, and dissemination.
Authorization of appropriations— There are authorized to be appropriated to carry out this section $250,000,000.
Sec. 50105 Reporting requirements
Grantee reports— Each State, local educational agency, and eligible Tribal school that receives a grant under this subtitle shall submit to the Secretary a report, not less than twice a year during the grant period, on the use of grant funds that shall include data on the numbers of students served through activities funded under this subtitle, disaggregated by race (for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population), ethnicity, gender, and eligibility to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
Report by the Secretary— Not later than 5 years after the first grant is awarded under this subtitle, the Secretary shall submit to Congress a report based on the analysis of reports received under subsection (a) with a recommendation on how to expand the program under this subtitle.
B Real Education for Healthy Youth
Sec. 50201 Short title
This subtitle may be cited as the “Real Education for Healthy Youth Act of 2020”.
Sec. 50202 Purposes; finding; sense of Congress
Purposes— The purposes of this subtitle are to provide young people with comprehensive sex education programs that—
promote and uphold the rights of young people to information in order to make healthy decisions about their sexual health;
provide the information and skills all young people need to make informed, responsible, and healthy decisions in order to become sexually healthy adults and have healthy relationships;
provide information about the prevention of unintended pregnancy, sexually transmitted infections, including HIV, dating violence, sexual assault, bullying, and harassment; and
provide resources and information on topics ranging from gender stereotyping and gender roles and stigma and socio-cultural influences surrounding sex and sexuality.
Finding on required resources— In order to provide the comprehensive sex education described in subsection (a), Congress finds that increased resources are required for sex education programs that—
substantially incorporate elements of evidence-based programs or characteristics of effective programs;
cover a broad range of topics, including medically accurate and complete information that is age and developmentally appropriate about all the aspects of sex, sexual health, and sexuality;
are gender and gender identity-sensitive, emphasizing the importance of equality and the social environment for achieving sexual and reproductive health and overall well-being;
promote educational achievement, critical thinking, decision making, self-esteem, and self-efficacy;
help develop healthy attitudes and insights necessary for understanding relationships between oneself and others and society;
foster leadership skills and community engagement by—
promoting principles of fairness, human dignity, and respect; and
engaging young people as partners in their communities; and
are culturally and linguistically appropriate, reflecting the diverse circumstances and realities of young people.
Sense of congress— It is the sense of Congress that—
federally funded sex education programs should aim to—
provide information about a range of human sexuality topics, including—
human development, healthy relationships, personal skills;
sexual behavior including abstinence;
sexual health including preventing unintended pregnancy;
sexually transmitted infections including HIV; and
society and culture;
promote safe and healthy relationships;
promote gender equity;
use, and be informed by, the best scientific information available;
be culturally appropriate and inclusive of youth with varying gender identities, gender expressions, and sexual orientations;
be built on characteristics of effective programs;
expand the existing body of research on comprehensive sex education programs through program evaluation;
expand training programs for teachers of comprehensive sex education;
build on programs funded under section 513 of the Social Security Act (42 U.S.C. 713) and the Office of Adolescent Health’s Teen Pregnancy Prevention Program, funded under title II of the Consolidated Appropriations Act, 2010 (Public Law 111–117; 123 Stat. 3253), and on programs supported through the Centers for Disease Control and Prevention (CDC); and
promote and uphold the rights of young people to information in order to make healthy and autonomous decisions about their sexual health; and
no Federal funds should be used for health education programs that—
withhold health-promoting or life-saving information about sexuality-related topics, including HIV;
are medically inaccurate or have been scientifically shown to be ineffective;
promote gender or racial stereotypes;
are insensitive and unresponsive to the needs of sexually active young people;
are insensitive and unresponsive to the needs of survivors of sexual violence;
are insensitive and unresponsive to the needs of youth of all physical, developmental, and mental abilities;
are insensitive and unresponsive to the needs of youth with varying gender identities, gender expressions, and sexual orientations; or
are inconsistent with the ethical imperatives of medicine and public health.
Sec. 50203 Grants for comprehensive sex education for adolescents
Program authorized— The Secretary, in coordination with the Associate Commissioner of the Family and Youth Services Bureau of the Administration on Children, Youth, and Families of the Department of Health and Human Services, the Director of the Office of Adolescent Health, the Director of the Division of Adolescent and School Health within the Centers for Disease Control and Prevention and the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out programs that provide adolescents with comprehensive sex education, as described in subsection (f).
Duration— Grants awarded under this section shall be for a period of 5 years.
Eligible entity— In this section, the term eligible entity means a public or private entity that focuses on adolescent health and education or has experience working with adolescents.
Applications— An eligible entity desiring 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, including an assurance to participate in the evaluation described in section 50206.
Priority— In awarding grants under this section, the Secretary shall give priority to eligible entities that—
are State or local public entities;
are entities not currently receiving funds under—
section 513 of the Social Security Act (42 U.S.C. 713);
the Office of Adolescent Health’s Teen Pregnancy Prevention Program, funded under title II of the Consolidated Appropriations Act, 2010 (Public Law 111–117; 123 Stat. 3253), or any substantially similar successive program; or
the Centers for Disease Control and Prevention’s Division of Adolescent and School Health; and
address health inequities among young people that face systemic barriers resulting in disproportionate rates of not less than one of the following:
Unintended pregnancies.
Sexually transmitted infections, including HIV.
Dating violence and sexual violence.
Use of funds—
In general— Each eligible entity that receives a grant under this section shall use the grant funds to carry out an education program that provides adolescents with comprehensive sex education that—
is age and developmentally appropriate;
is medically accurate and complete;
substantially incorporates elements of evidence-based sex education instruction; or
creates a demonstration project based on characteristics of effective programs.
Contents of comprehensive sex education programs— The comprehensive sex education programs funded under this section shall include instruction and materials that address—
the physical, social, and emotional changes of human development, including human anatomy, reproduction, and sexual development;
healthy relationships, including friendships, within families, and society, that are based on mutual respect, and the ability to distinguish between healthy and unhealthy relationships, including—
effective communication, negotiation, and refusal skills, including the skills to recognize and report inappropriate or abusive sexual advances;
bodily autonomy, setting and respecting personal boundaries, practicing personal safety, and consent; and
the limitations and harm of gender-role stereotypes, violence, coercion, bullying, harassment, and intimidation in relationships;
healthy decision making skills about sexuality and relationships that include—
critical thinking, problem solving, self-efficacy, stress-management, self-care, and decision making;
individual values and attitudes;
the promotion of positive body images;
developing an understanding that there are a range of body types and encouraging positive feeling about students’ own body types;
information on how to respect others and ensure safety on the internet and when using other forms of digital communication;
information on local services and resources where students can obtain additional information related to bullying, harassment, dating violence and sexual assault, suicide prevention, and other related care;
encouragement for youth to communicate with their parents or guardians, health and social service professionals, and other trusted adults about sexuality and intimate relationships;
information on how to create a safe environment for all students and others in society;
examples of varying types of relationships, couples, and family structures; and
affirmative representation of varying gender identities, gender expressions, and sexual orientations, including individuals and relationships between same sex couples and their families;
abstinence, delaying age of first sexual activity, the use of condoms, preventive medication, vaccination, birth control, and other sexually transmitted infection prevention measures, and the options for pregnancy, including parenting, adoption, and abortion, including—
the importance of effectively using condoms, preventive medication, and applicable vaccinations to protect against sexually transmitted infections, including HIV;
the benefits of effective contraceptive and condom use in avoiding unintended pregnancy;
the relationship between substance use and sexual health and behaviors; and
information about local health services where students can obtain additional information and services related to sexual and reproductive health and other related care;
through affirmative recognition, the roles that traditions, values, religion, norms, gender roles, acculturation, family structure, health beliefs, and political power play in how students make decisions that affect their sexual health, using examples of various types of races, ethnicities, cultures, and families, including single-parent households and young families;
information about gender identity, gender expression, and sexual orientation for all students, including—
affirmative recognition that people have different gender identities, gender expressions, and sexual orientations; and
community resources that can provide additional support for individuals with varying gender identities, gender expressions, and sexual orientations; and
opportunities to explore the roles that race, ethnicity, immigration status, disability status, economic status, homelessness, foster care status, and language within different communities affect sexual attitudes in society and culture and how this may impact student sexual health.
Sec. 50204 Grants for comprehensive sex education at institutions of higher education
Program authorized— The Secretary, in coordination with the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education or consortia of such institutions to enable such institutions to provide young people with comprehensive sex education, described in subsection (e)(2).
Duration— Grants awarded under this section shall be for a period of 5 years.
Applications— An institution of higher education or consortia of such institutions desiring 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, including an assurance to participate in the evaluation described in section 50206.
Priority— In awarding grants under this section, the Secretary shall give priority to an institution of higher education that—
has an enrollment of needy students as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b));
is a Hispanic-serving institution, as defined in section 502(a) of such Act (20 U.S.C. 1101a(a));
is a Tribal College or University, as defined in section 316(b) of such Act (20 U.S.C. 1059c(b));
is an Alaska Native-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b));
is a Native Hawaiian-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b));
is a Predominately Black Institution, as defined in section 318(b) of such Act (20 U.S.C. 1059e(b));
is a Native American-serving, non-Tribal institution, as defined in section 319(b) of such Act (20 U.S.C. 1059f(b));
is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act (20 U.S.C. 1059g(b)); or
is a minority institution, as defined in section 365 of such Act (20 U.S.C. 1067k), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058).
Uses of funds—
In general— An institution of higher education receiving a grant under this section shall use grant funds to integrate issues relating to comprehensive sex education into the institution of higher education in order to reach a large number of students, by carrying out one or more of the following activities:
Developing or adopting educational content for issues relating to comprehensive sex education that will be incorporated into student orientation, general education, or core courses.
Developing or adopting, and implementing schoolwide educational programming outside of class that delivers elements of comprehensive sex education programs to students, faculty, and staff.
Developing or adopting innovative technology-based approaches to deliver sex education to students, faculty, and staff.
Developing or adopting, and implementing peer-outreach and education programs to generate discussion, educate, and raise awareness among students about issues relating to comprehensive sex education.
Contents of sex education programs— Each institution of higher education’s program of comprehensive sex education funded under this section shall include instruction and materials that address the topics described in section 50203(f)(2).
Sec. 50205 Grants for pre-service and in-service teacher training
Program authorized— The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in subsection (e).
Duration— Grants awarded under this section shall be for a period of 5 years.
Eligible entity— In this section, the term eligible entity means—
a State educational agency;
a local educational agency;
a Tribe or Tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304);
a State or local department of health;
a State or local department of education;
an educational service agency;
a nonprofit institution of higher education;
a national or statewide nonprofit organization that has as its primary purpose the improvement of provision of comprehensive sex education through training and effective teaching of comprehensive sex education; or
a consortium of nonprofit organizations that has as its primary purpose the improvement of provision of comprehensive sex education through training and effective teaching of comprehensive sex education.
Application— An eligible entity desiring 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, including an assurance to participate in the evaluation described in section 50206.
Authorized activities—
Required activity— Each eligible entity receiving a grant under this section shall use grant funds for professional development and training of relevant faculty, school administrators, teachers, and staff, in order to increase effective teaching of comprehensive sex education to students.
Permissible activities— Each eligible entity receiving a grant under this section may use grant funds to—
provide research-based training of teachers for comprehensive sex education for adolescents as a means of broadening student knowledge about issues related to human development, healthy relationships, personal skills, and sexual behavior, including abstinence, sexual health, and society and culture;
support the dissemination of information on effective practices and research findings concerning the teaching of comprehensive sex education;
support research on—
effective comprehensive sex education teaching practices; and
the development of assessment instruments and strategies to document—
student understanding of comprehensive sex education; and
the effects of comprehensive sex education;
convene national conferences on comprehensive sex education, in order to effectively train teachers in the provision of comprehensive sex education; and
develop and disseminate appropriate research-based materials to foster comprehensive sex education.
Subgrants— Each eligible entity receiving a grant under this section may award subgrants to nonprofit organizations that possess a demonstrated record of providing training to faculty, school administrators, teachers, and staff on comprehensive sex education to—
train teachers in comprehensive sex education;
support internet or distance learning related to comprehensive sex education;
promote rigorous academic standards and assessment techniques to guide and measure student performance in comprehensive sex education;
encourage replication of best practices and model programs to promote comprehensive sex education;
develop and disseminate effective, research-based comprehensive sex education learning materials;
develop academic courses on the pedagogy of sex education at institutions of higher education; or
convene State-based conferences to train teachers in comprehensive sex education and to identify strategies for improvement.
Sec. 50206 Impact evaluation and reporting
Multi-Year evaluation—
In general— Not later than 6 months after the date of the enactment of this Act, the Secretary shall enter into a contract with a nonprofit organization with experience in conducting impact evaluations to conduct a multi-year evaluation on the impact of the grants under sections 50203, 50204, and 50205, and to report to Congress and the Secretary on the findings of such evaluation.
Evaluation— The evaluation conducted under this subsection shall—
be conducted in a manner consistent with relevant, nationally recognized professional and technical evaluation standards;
use sound statistical methods and techniques relating to the behavioral sciences, including quasi-experimental designs, inferential statistics, and other methodologies and techniques that allow for conclusions to be reached;
be carried out by an independent organization that has not received a grant under section 50203, 50204, or 50205; and
be designed to provide information on—
output measures, such as the number of individuals served under the grant and the number of hours of instruction;
outcome measures, including measures relating to—
the knowledge that individuals participating in the grant program have gained with respect to—
growth and development;
relationship dynamics;
ways to prevent unintended pregnancy and sexually transmitted infections, including HIV; and
sexual health;
the age and developmentally appropriate skills that individuals participating in the grant program have gained regarding—
negotiation and communication;
decision making and goal-setting;
interpersonal skills and healthy relationships; and
condom use; and
the behaviors of adolescents participating in the grant program, including data about—
age of first intercourse;
condom and contraceptive use at first intercourse;
recent condom and contraceptive use;
substance use;
dating abuse and lifetime history of sexual assault, dating violence, bullying, harassment, stalking; and
academic performance; and
other measures necessary to evaluate the impact of the grant program.
Report— Not later than 6 years after the date of enactment of this Act, the organization conducting the evaluation under this subsection shall prepare and submit to the appropriate committees of Congress and the Secretary an evaluation report. Such report shall be made publicly available, including on the website of the Department of Health and Human Services.
Secretary’s report to congress— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the activities to provide adolescents and young people with comprehensive sex education and pre-service and in-service teacher training funded under this subtitle. The Secretary’s report to Congress shall include—
a statement of how grants awarded by the Secretary meet the purposes described in section 50202(a); and
information about—
the number of eligible entities and institutions of higher education that are receiving grant funds under sections 50203, 50204, and 50205;
the specific activities supported by grant funds awarded under sections 50203, 50204, and 50205;
the number of adolescents served by grant programs funded under section 50203;
the number of young people served by grant programs funded under section 50204;
the number of faculty, school administrators, teachers, and staff trained under section 50205; and
the status of the evaluation required under subsection (a).
Sec. 50207 Nondiscrimination
Programs funded under this subtitle shall not discriminate on the basis of actual or perceived sex, race, color, ethnicity, national origin, disability, sexual orientation, gender identity, or religion. Nothing in this subtitle shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available under any other Federal law or any law of a State or a political subdivision of a State, including the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 18116).
Sec. 50208 Limitation
No Federal funds provided under this subtitle may be used for health education programs that—
withhold health-promoting or life-saving information about sexuality-related topics, including HIV;
are medically inaccurate or have been scientifically shown to be ineffective;
promote gender or racial stereotypes;
are insensitive and unresponsive to the needs of sexually active young people;
are insensitive and unresponsive to the needs of pregnant or parenting young people;
are insensitive and unresponsive to the needs of survivors of sexual abuse or assault;
are insensitive and unresponsive to the needs of youth of all physical, developmental, or mental abilities;
are insensitive and unresponsive to individuals with varying gender identities, gender expressions, and sexual orientations; or
are inconsistent with the ethical imperatives of medicine and public health.
Sec. 50209 Amendments to other laws
Amendment to the public health service act— Section 2500 of the Public Health Service Act (42 U.S.C. 300ee) is amended by striking subsections (b) through (d) and inserting the following:
“(b) Contents of programs—All programs of education and information receiving funds under this subchapter shall include information about the potential effects of intravenous substance abuse.”
Amendments to the elementary and secondary education act of 1965— Section 8526 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906) is amended—
by striking paragraph (3);
by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;
in paragraph (4), by inserting “or” after the semicolon;
in paragraph (5), by striking “; or” and inserting a period; and
by striking paragraph (6).
Sec. 50210 Definitions
In this subtitle:
Adolescents— The term adolescents means individuals who are ages 10 through 19 at the time of commencement of participation in a program supported under this subtitle.
Age and developmentally appropriate— The term age and developmentally appropriate means topics, messages, and teaching methods suitable to particular age, age group of children and adolescents, or developmental levels, based on cognitive, emotional, social, and behavioral capacity of most students at that age level.
Appropriate committees of congress— The term appropriate committees of Congress means the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Energy and Commerce of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Appropriations of the House of Representatives.
Characteristics of effective programs— The term characteristics of effective programs means the aspects of evidence-based programs, including development, content, and implementation of such programs, that—
have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting upon behavior; and
are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, and dating violence and sexual assault among young people.
Comprehensive sex education— The term comprehensive sex education means instructional part of a comprehensive school health education approach which addresses the physical, mental, emotional, and social dimensions of human sexuality; designed to motivate and assist students to maintain and improve their sexual health, prevent disease and reduce sexual health-related risk behaviors; and enable and empower students to develop and demonstrate age and developmentally appropriate sexuality and sexual health-related knowledge, attitudes, skills, and practices.
Consent— The term consent means affirmative, conscious, and voluntary agreement to engage in interpersonal, physical, or sexual activity.
Culturally appropriate— The term culturally appropriate means materials and instruction that respond to culturally diverse individuals, families and communities in an inclusive, respectful and effective manner; including materials and instruction that are inclusive of race, ethnicity, languages, cultural background, religion, sex, gender identity, sexual orientation, and different abilities.
Evidence-based— The term evidence-based, when used with respect to sex education instruction means a sex education program that has been proven through rigorous evaluation to be effective in changing sexual behavior or incorporates elements of other programs that have been proven to be effective in changing sexual behavior.
Gender expression— The term gender expression, when used with respect to a sex education program, means the expression of one’s gender, such as through behavior, clothing, haircut, or voice, and which may or may not conform to socially defined behaviors and characteristics typically associated with being either masculine or feminine.
Gender identity— Except with respect to section 50207, the term gender identity, when used with respect to a sex education program, means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth including a person’s deeply held sense or knowledge of their own gender; such as male, female, both or neither.
Inclusive— The term inclusive, when used with respect to a sex education program, means curriculum that ensures that students from historically marginalized communities are reflected in classroom materials and lessons.
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Medically accurate and complete— The term medically accurate and complete, when used with respect to a sex education program, means that—
the information provided through the program is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or
the program contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete; and
the program does not withhold information about the effectiveness and benefits of correct and consistent use of condoms and other contraceptives.
Secretary— The term Secretary means the Secretary of Health and Human Services.
Sexual development— The term sexual development means the lifelong process of physical, behavioral, cognitive, and emotional growth and change as it relates to an individual’s sexuality and sexual maturation, including puberty, identity development, socio-cultural influences, and sexual behaviors.
Sexual orientation— Except with respect to section 50207, the term sexual orientation, when used with respect to a sex education program, means an individual’s attraction, including physical or emotional, to the same or different gender.
Young people— The term young people means individuals who are ages 10 through 24 at the time of commencement of participation in a program supported under this subtitle.
Sec. 50211 Funding
Appropriation— For the purpose of carrying out this subtitle, there is appropriated $75,000,000 for each of fiscal years 2021 through 2026. Amounts appropriated under this subsection shall remain available until expended.
Reservations of funds—
The Secretary shall reserve 50 percent of the amount appropriated under subsection (a) for the purposes of awarding grants for comprehensive sex education for adolescents under section 50203.
The Secretary shall reserve 25 percent of the amount appropriated under subsection (a) for the purposes of awarding grants for comprehensive sex education at institutes of higher education under section 50204.
The Secretary shall reserve 20 percent of the amount appropriated under subsection (a) for the purposes of awarding grants for pre-service and in-service teacher training under section 50205.
The Secretary shall reserve 2 percent of the amount appropriated under subsection (a) for the purpose of carrying out the impact evaluation and reporting required under section 50206(a).
Secretarial responsibilities— The Secretary shall reserve 3 percent of the amount appropriated under subsection (a) for each fiscal year for expenditures by the Secretary to provide, directly or through a competitive grant process, research, training, and technical assistance, including dissemination of research and information regarding effective and promising practices, providing consultation and resources, and developing resources and materials to support the activities of recipients of grants. In carrying out such functions, the Secretary shall collaborate with a variety of entities that have expertise in adolescent sexual health development, education, and promotion.
Reprogramming of abstinence only until marriage program funding— The unobligated balance of funds made available to carry out section 510 of the Social Security Act (42 U.S.C. 710) (as in effect on the day before the date of enactment of this Act) are hereby transferred and shall be used by the Secretary to carry out this subtitle. The amounts transferred and made available to carry out this subtitle shall remain available until expended.
Repeal of abstinence only until marriage program— Section 510 of the Social Security Act (42 U.S.C. 710 et seq.) is repealed.
C Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM and National Security
Sec. 50301 Short title
This subtitle may be cited as the “Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM and National Security Act”.
Sec. 50302 Findings
Congress finds the following:
From 1993 to 1995, Ronald V. Dellums served as the Chairman of the Armed Services Committee of the House of Representatives after 20 years of service on such Committee.
As a stalwart champion of diversity and inclusion, Chairman Dellums was an early supporter of integrating lesbian, gay, transgender, and bisexual individuals into the military.
Before Chairman Dellums was elected to the House of Representatives in 1970, he was a psychiatric social worker, community organizer, and lecturer.
Chairman Dellums served in the United States Marine Corps from 1954 to 1956.
In section 4201 of the Fiscal Year 2018 National Defense Authorization Act, Congress reiterated the importance of prioritizing this relationship by authorizing more than $12,000,000 above the President’s requests, including 2,000,000 authorized specifically for minority women in the fields of science, technology, engineering, and mathematics.
While women of color have made significant progress in graduating from college in the areas of study related to STEAM, they continue to be underrepresented in the STEAM fields.
While underrepresented minority students overall face an opportunity gap in STEAM education, women of color face a larger achievement gap in science and engineering education.
In 2016, of bachelor’s degrees awarded in STEAM majors—
women received 36 percent;
Black individuals received 13 percent;
Hispanic individuals received 15 percent;
Native American or Alaska Native individuals received 14 percent; and
Asian or Pacific Islander individuals received 33 percent.
A 2017 report published by the National Science Foundation found that the percentage of all bachelor’s degrees in computer sciences, mathematics, and statistics, and engineering received by women of color has declined since 1996.
Intentional and proactive strategies and programs are necessary to ensure the underrepresentation of women of color in the disciplines and professions related to STEAM fields is appropriately addressed to ensure broad and inclusive participation in areas of national importance.
Sec. 50303 Fellowship program
Establishment— The Secretary of Defense shall establish a fellowship program, which shall be known as the “Ronald V. Dellums Memorial Fellowship for Women of Color in STEAM”, to provide scholarships and internships for eligible students with high potential talent in STEAM.
Objectives— In carrying out the program, the Secretary shall—
consult with institutions of higher education and relevant professional associations, nonprofit organizations, and relevant defense industry representatives on the design of the program; and
design the program in a manner such that the program—
increases awareness of and interest in employment at a Defense Agency among underrepresented students in the STEAM fields, particularly women of color, who are pursuing a degree in a STEAM field;
supports the academic careers of underrepresented students, especially women of color, in STEAM fields; and
builds a pipeline of women of color with exemplary academic achievements in a STEAM field who can pursue careers in national security and in areas of national need.
Components— The fellowship program shall consist of—
a scholarship program under subsection (d); and
an internship program under subsection (e).
Selection—
In general— Each fiscal year, subject to the availability of funds, the Secretary shall select at least 30 eligible students to participate in the fellowship program for a period of 2 years.
Students from minority-serving institutions and historically Black colleges and universities— The Secretary may not award fewer than 50 percent of the fellowships under this section to eligible students who attend historically Black colleges and universities and other minority-serving institutions, including Hispanic-serving institutions, Asian American and Native American Pacific Islander-serving institutions, American Indian Tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, Tribal colleges and universities, Predominantly Black Institutions, and Native American-serving, Non-Tribal institutions.
Scholarship— Each fellow shall receive a scholarship of up to $50,000 each academic year of the fellowship program. A fellow who receives a scholarship may only use the scholarship funds to pay for the cost of attendance at an institution of higher education.
Consideration of underrepresented students in STEAM fields— In awarding a fellowship under this section, the Secretary shall consider—
the number and distribution of minority and female students nationally in science and engineering majors;
the projected need for highly trained individuals in all fields of science and engineering;
the present and projected need for highly trained individuals in science and engineering career fields in which minorities and women are underrepresented; and
the lack of minorities and women in national security, especially in science and engineering fields in which such individuals are traditionally underrepresented.
Student agreement— As a condition of the receipt of a scholarship under this section, a fellow shall agree—
to maintain satisfactory academic standing in accordance with standards determined by the institution of higher education at which the student is enrolled;
to complete an internship described in subsection (e) in a manner that the Secretary determines is satisfactory;
upon completion of the degree that the student pursues while in the fellowship program, to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded, for a period specified by the Secretary, which shall not be longer than the period for which scholarship assistance was provided to such student; and
to return the amount of the assistance provided the recipient under the program with interest at a rate no higher than the high yield of the 10-year Treasury note auctioned at the final auction held prior to such June 1 if the student fails to comply with any of subsections (A) through (E).
Enforcement of agreement— The Secretary may enforce the agreement under paragraph (5) as the Secretary determines appropriate.
Internship—
In general— The Secretary shall establish an internship program that provides each student who is awarded a fellowship under this section with an internship at a Defense Agency.
Requirements— Each internship shall—
to the extent practicable, last for a period of at least 10 weeks;
include a stipend for transportation and living expenses incurred by the fellow during the fellowship; and
be completed during the initial 2-year period of the fellowship.
Mentorship— To the extent practicable, each fellow shall be paired with a mid-level or a senior-level official of the Defense Agency who shall serve as a mentor during the internship.
Extensions—
In general— Subject to this section, a fellow may apply for, and the Secretary may grant, a 1-year extension of the fellowship.
Number of extensions— There shall be no limit on the number of extensions under paragraph (1) that the Secretary may grant an eligible student.
Limitation on degrees— A fellow may use an extension of a fellowship under this section for the pursuit of not more than the following number of graduate degrees:
Two master’s degrees.
One doctorate of philosophy.
Treatment of extensions— An extension granted under this subsection does not count for the purposes of—
the number of fellowships granted under subsection (d)(1); or
the percentage of fellowships granted to eligible students.
Extension requirements— A fellow may receive an extension under this subsection only if—
the fellow is in good academic standing with the institution of higher education where the fellow is enrolled;
the fellow has satisfactorily completed an internship under subsection (e); and
the fellow is currently enrolled full-time at an institution of higher education and pursuing, in a STEAM field—
a bachelor’s degree;
a master’s degree; or
a doctorate of philosophy.
Limitation on administrative costs— For each academic year, the Secretary may use not more than 5 percent of the funds made available to carry out this section for administrative purposes, including for purposes of—
outreach to institutions of higher education to encourage participation in the program; and
promotion of the program to eligible students.
Administration of program— The Secretary may appoint a lead program officer to administer the program and to market the program among students and institution of higher education.
Authorization of appropriations— There are authorized to be appropriated to carry out this section $5,000,000 for each of the next 5 fiscal years.
Reports— Not later than 2 years after the date on which the first fellowship is awarded under this section, and each academic year thereafter, the Secretary of Defense shall submit to the Congress a report containing—
a description and analysis of the demographic information of students who receive fellowships under this section, including information with respect to such students regarding—
race, in the aggregate and disaggregated by the same major race groups as the decennial census of the population;
ethnicity;
gender identity;
eligibility to receive a Federal Pell Grant under the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.); and
eligibility of the household in which the student resides to receive benefits under the Supplemental Nutrition Assistance Program under section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014), in the case of graduate students;
an analysis of the effects of the program;
a description of—
the total number of students who obtain a degree with fellowship funds each year; and
the type and total number of degrees obtained by fellows; and
recommendations for changes to the program and to this subtitle to ensure that women of color are being effectively served by such program.
Definitions— In this subtitle:
Cost of attendance— The term cost of attendance has the meaning given the term in section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a).
Defense Agency— The term Defense Agency has the meaning given the term in section 101(a) of title 10, United States Code.
Eligible student— The term eligible student means an individual who—
submits an application for a fellowship under this section;
is enrolled, or will be enrolled for the first year for which the student applies for a fellowship, in either the third or fourth year of a four-year academic program; and
is enrolled, or will be enrolled for the first year for which the student applies for a fellowship, in a university on at least a half-time basis.
Fellow— The term fellow means a student that was selected for the fellowship program under subsection (d).
Historically Black college and university— The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Minority-serving institution— The term minority-serving institution means an institution listed in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
STEAM— The term STEAM means science, technology, engineering, arts, and mathematics.
Underrepresented student in a STEAM Field— The term underrepresented student in a STEAM field means a student who is a member of a minority group for which the number of individuals in such group who receive bachelor’s degrees in STEAM fields per 10,000 individuals in such group is substantially fewer than the number of White, non-Hispanic individuals of bachelor’s degrees in STEAM fields per 10,000 such individuals.
D Student Support
Sec. 50401 Short title
This subtitle may be cited as the “Student Support Act”.
Sec. 50402 School-based mental health and student service providers
In general— Part A of 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:
“3 School-Based Mental Health and Student Service Providers
“4131. Findings
“The Congress finds the following:
“(1) The Surgeon General of the Public Health Service has found that 1 in 5 children has a diagnosable mental disorder and 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment. However, 75 to 80 percent of children in need of mental health services do not receive needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms.
“(2) Thirty-seven percent of students with a mental health condition age 14 and older drop out of school—the highest dropout rate of any disability group.
“(3) Fifty percent of all lifetimes cases of mental illness begin by the age of 14 and 75 percent by age 24.
“(4) In June 2010, the American Academy of Pediatrics called for all pediatricians to screen children and adolescents for mental illness and substance use.
“(5) Just over half (50.6 percent) of children with a mental health condition aged 8–15 received mental health services in the previous year.
“(6) African Americans and Hispanic Americans each use mental health services at about one-half the rate of Caucasian Americans and Asian Americans at about one-third the rate.
“(7) School counselors, school social workers, school psychologists, other qualified psychologists, and child and adolescent psychiatrists are critically needed to help these children and to provide a variety of crucial support services as 70–80 percent of children and adolescents who receive mental health services access these services in school settings.
“(8) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The 2017 national average ratio of students to school counselors in elementary and secondary schools was 482 to 1.
“(9) United States public schools need more mental health professionals because participation in the use of school-based mental health centers (SBHC) was positively associated with increases in grade point average (GPA) and attendance.
“(10) According to the leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of Social Psychologists, the National Association of Social Workers, and the School Social Work Association of America, the maximum recommended ratio of—
“(A) students to school counselors is 250 to 1;
“(B) students to school psychologists is 500 to 700 to 1; and
“(C) students to school social workers is 250 to 1.
“(11) A recent study revealed a national average ratio of 1,653 students per school psychologist, despite the 1:500–700 recommendation from the National Association of Social Psychologists. This deficit is further compounded by studies predicting a 2–4 percent shortage of school psychologists over the next 10 years due to retirement. In some schools, there are no school-based mental health and student service providers available to assist students in times of crisis, or at any other time.
“(12) Counselor-to-student ratios in 35 States exceed 1:400 despite recommendations from the American School Counselor Association for a 1:250 ratio. Only three States—Vermont, Wyoming & New Hampshire—meet the recommended ratio. This shortage occurs during a time when the National Center on Education Statistics forecasts that the Nation’s number of public school students (Pre-K to 12th) will grow by 7 percent between 2011 and 2022, particularly in States that already spend the least money per student.
“(13) Model programs using school-based mental health and student service providers have positive effects on emotional, behavioral and academic outcomes, such as reductions in aggressive and disruptive behavior, referrals to the principal’s office, the use of weapons, force, or threats, and increased students’ feelings of safety. Studies also find that mental health programs can have a range of positive outcomes across all grade levels, including gains in achievement test scores, grade point averages, course credit completion, as well as decreases in absences and substance use.
“4132. Purposes
“The purposes of this subpart are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers to achieve each of the following:
“(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of Social Psychologists, the National Association of Social Workers, and the School Social Work Association of America:
“(A) One school counselor for every 250 students.
“(B) One school psychologist for every 500 to 700 students.
“(C) One school social worker for every 250 students.
“(2) To provide evidence-based school mental health and student services through a whole school and interdisciplinary approach.
“(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students' classroom preparedness, overall school performance, decrease rates of absenteeism, and ability to problem solve and set goals.
“(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify the need for mental health services.
“(5) To support parental involvement in improving the school behavior and academic success of their children.
“(6) To improve the overall mental, behavioral, social, and psychology assessment and trajectory of each student who seeks mental health services.
“(7) To ensure each student feels comfortable and has all the resources they need to continue short and/or long-term mental health treatment.
“4133. Definitions
“In this subpart, the following definitions apply:
“(1) Child—The term child means an individual who is not less than 5 years old and not more than 17 years old.
“(2) Child and adolescent psychiatrist—The term child and adolescent psychiatrist has the meaning given such term in section 5421(e).
“(3) Child in poverty—The term child in poverty means a child from a family with an income below the poverty line.
“(4) Mental health and student service provider—The term mental health and student service provider means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist or any other qualified psychologist, a child or adolescent psychiatrist, or a qualified school social worker.
“(5) Mental health and student services—The term mental health and student services includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs.
“(6) Other qualified psychologist—The term other qualified psychologist has the meaning given such term in section 5421(e).
“(7) Poverty line—The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved.
“(8) School counselor—The term school counselor means an individual who has documented competence in counseling children and adolescents in a school setting and who—
“(A) possesses State licensure or certification granted by an independent professional regulatory authority;
“(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or
“(C) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent.
“(9) School psychologist—The term school psychologist means an individual who—
“(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting;
“(B) possesses State licensure or certification in school psychology in the State in which the individual works; or
“(C) possesses national certification by the National School Psychology Certification Board.
“(10) School social worker—The term school social worker means an individual who—
“(A) holds a master’s degree in social work from a program accredited by the Council on Social Work Education;
“(B) is licensed or certified by the State in which services are provided; or
“(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization.
“(11) State—The term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
“4134. School-based mental health and student service provider grant program
“(a) In general—In accordance with this subpart, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers.
“(b) Allocation of funds—From the total amount appropriated for a fiscal year to carry out this subpart, the Secretary shall—
“(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this subpart; and
“(2) make available in the form of grants to each eligible State an amount equal to the sum of—
“(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and
“(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States.
“(c) Minimum grant—Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000.
“(d) Reallocation—The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary.
“(e) Application by State
“(1) In general—To be eligible to receive a grant under this subpart, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(2) Approval—The Secretary may not approve an application under this subsection unless the State submitting the application—
“(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this subpart, to local educational agencies to fund the hiring of additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers; and
“(B) provides an assurance that the State will provide the matching amount required under subsection (g).
“(f) Use of funds by State
“(1) In general—In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers.
“(2) Administrative costs—In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this subpart for the administrative costs of the State in carrying out the State’s responsibilities under this subpart.
“(3) Allocation of funds—In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of—
“(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and
“(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State.
“(4) Minimum grant—Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000.
“(5) Source of data—For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary’s satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State.
“(6) Application by local educational agencies—A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a 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.
“(g) Matching funds
“(1) In general—As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant.
“(2) Local contribution—In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency.
“(3) Form—The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services.
“(h) Funds To be supplementary—Assistance made available under this subpart shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers.
“(i) Data collection and report
“(1) In general—For each fiscal year for which it receives assistance under this subpart, a State shall collect data describing how the assistance is used.
“(2) Report—Not later than 1 year after assistance is made available to a State under this subpart, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this subpart—
“(A) the number of school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers employed by local educational agency; and
“(B) the ratio of students to school counselors, the ratio of students to school psychologists or other qualified psychologists, the ratio of students to child and adolescent psychiatrists, and the ratio of students to school social workers.
“(3) Source of funds—A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection.
“(4) Publication—The Secretary shall make data received under this subsection publicly available on an annual basis.
“4135. Authorization of appropriations
“There are authorized to be appropriated to carry out this subpart $100,000,000 for each of fiscal years 2021 through 2025.”
Clerical amendment— The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 4121 the following:
E Expressing the sense of the House of Representatives regarding the need for increased diversity and inclusion in the tech sector, and increased access to opportunity in science, technology, engineering, arts, and mathematics (STEAM) education
Sec. 50501 Findings
Congress finds the following:
There will be 1,400,000 new tech jobs by 2020, however, 70 percent of those jobs will be unfulfilled at the rate United States universities are currently producing qualified graduates.
Communities of color (African Americans, Latinos, Native Americans, Asian Americans, and Pacific Islanders) are woefully underrepresented in corporate leadership roles, including the technology sector.
African Americans, Latinos, Native Americans, and Pacific Islanders are disproportionately underrepresented in the technology sector.
Black and Hispanic workers in the science and engineering workforce continue to be underrepresented, Black employees represent 11 percent of the United States workforce but only 9 percent of the science and engineering workforce, and Hispanic employees represent 16 percent of the United States workforce but only 7 percent of the science and engineering workforce.
The share of women working in science and engineering jobs has held steady around 50 percent since 1990, but the share of women in specific fields has varied from 47 percent in life sciences to only 25 percent in computer science.
Women of color represent less than 10 percent of all computer science professionals (African American: 5.7 percent; Hispanic: 6.4 percent; American Indian or Alaska Native: 0.1 percent; and Asian: 22.9 percent).
50 to 70 percent of employees in tech companies work in non-tech positions, for which an existing pipeline of qualified African Americans and Latinos currently exists.
A pipeline of qualified technical candidates is critical as the tech industry improves its recruiting, hiring, and retaining of candidates and employees of color.
Underrepresented minority students overall face an opportunity gap in STEAM education.
Women of color particularly face an achievement gap in science and engineering education.
In 2015, women were conferred nearly a third of all science and engineering degrees.
In 2015, women of color received only 13 percent of all science and engineering degrees (Black: 3.2 percent; Hispanic: 3.9 percent; Native American or Alaskan Native: 0.2 percent; Asian or Pacific Islander: 4.5 percent; and multi-racial: 1.2 percent).
Women overall face a large opportunity gap in computer science.
Only 18 of all bachelor’s degrees conferred in computer science went to women in 2015.
In 2015, women of color received only 9 percent of degrees conferred in computer science (Black: 3 percent; Hispanic: 2 percent; Native American or Alaska Native: 0.8 percent; and Asian or Pacific Islander: 3 percent).
The opportunity and achievement gap between boys and girls starts early.
In 2017, 22 percent of high schools offered the Advanced Placement (AP) Computer Science course, and only 35 percent of high schools teach computer science.
In 2018, 28 percent of AP Computer Science test takers were girls, and 21 percent were African American or Latino.
There is a dearth of disaggregated data to show academic attainment across different Asian-American and Pacific Islander communities.
Sec. 50502 Necessity of Reducing and eliminating barriers for minorities in STEAM
That the House of Representatives supports efforts to—
increase diversity and inclusion in the technology sector, including robust plans to ensure recruitment, training, and retention of underrepresented minorities at all levels, from the boardroom to the senior executive level, to rank and file employees, as well as vendors;
eliminate barriers faced by people of color, and other underrepresented groups when breaking into the technology sector;
ensure all students have access to science, technology, engineering, arts, and mathematics (STEAM) education for a 21st century economy, including computer science education in particular;
strengthen investments in, and collaborations with educational institutions including community colleges, Historically Black Colleges and Universities, Hispanic-serving institutions, Asian-American, Native American, and Pacific Islander-serving institutions, American Indian Tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, predominantly Black institutions, Native American-serving, non-Tribal institutions, and other minority-serving institutions to sustain a pipeline of diverse STEAM graduates ready to enter the technology sector; and
improve data collection, disaggregation, and dissemination of information for greater understanding and transparency of diversity in STEAM education and across the workforce.
F Supporting the goals and ideals of No Name-Calling Week in bringing attention to name-calling of all kinds and providing schools with the tools and inspiration to launch an ongoing dialogue about ways to eliminate name-calling and bullying in their communities
Sec. 50601 Findings
Congress finds the following:
No Name-Calling Week is an annual week of educational activities aimed at ending name-calling of all kinds and providing schools with the tools and inspiration to launch an ongoing dialogue about ways to eliminate name-calling and bullying in their communities.
Tens of thousands of elementary and middle school students have participated in No Name-Calling Week since its inception in 2004.
Over 3,000 students help to lead No Name-Calling Week each year.
26 percent of elementary students reported hearing others say hurtful things based on another student’s race or ethnic background.
36 percent of elementary students reported being bullied or called names at some point while in school.
Elementary students who are bullied are four times as likely as other students to say they do not want to go to school because they feel afraid or unsafe.
Over 87 percent of LGBTQ middle and high school students have heard negative remarks about transgender people.
Over 70 percent of LGBTQ middle and high school students were verbally harassed in the past year because of their sexual orientation.
48 percent of LGBTQ middle and high school students experienced harassment via electronic means in the past year.
Students who faced anti-LGBTQ discrimination at school were more likely to receive school discipline than their peers.
Students feeling unsafe in their schools has often resulted in missed school days and exposes students to disciplinary actions because of truancy policies.
Nearly 70 percent of American Indian or Alaska Native (or Two Spirit) LGBTQ middle and high school students felt unsafe based on their sexual orientation or gender identity in the past year.
60 percent of Latinx LGBTQ middle and high school students experienced bullying based on their gender identity in the past year.
Nearly 60 percent of Black LGBTQ middle and high school students experienced bullying based on their sexual orientation in the past year.
Nearly 50 percent of multiracial LGBTQ middle and high school students felt unsafe in school based on the way they express their gender.
Over 25 percent of LGBTQ students reported being victimized at school based on their actual or perceived disability.
Sec. 50602 Necessity of additional protections for LGBT Youth in schools
That Congress—
supports the goals and ideals of No Name-Calling Week;
encourages the people of the United States to observe No Name-Calling Week with appropriate ceremonies, programs, and activities;
encourages schools to consider a more comprehensive anti-bullying and harassment policy that contains specific provisions addressing infractions based on the sexual orientation or gender identity of the victim; and
calls for schools to have more inclusive curricula on LGBTQ people, history, and events.
G Getting Youth Re-invested in Environmental Education Now
Sec. 50701 Short title
Sec. 50702 Findings
The Congress makes the following findings:
Environmental justice education is essential for—
producing students who are prepared to address not only the imminent climate change issues that effect them locally, but to be the driving force behind global environmental solutions that will be the stimulus of an emerging eco-efficient economy;
addressing the global and local environmental issues that are disproportionately affecting people of color; and
fostering a critical understanding of the environment within the context of human political and social actions.
Environmental justice education lends itself to the field of service learning with the call to move beyond the classroom and experience the earth in an experiential, embodied way which empowers students to confront global environmental justice.
States and local educational agencies should create an integrated curriculum in which environmental justice education is incorporated throughout subject areas such as math, science, history, language arts, and all other core subject areas.
Environmental justice education uses multiple strategies including experiential learning, integrated core subject study, analytical research, and project based learning.
Sec. 50703 Grants authorized
In general— The Secretary of Education shall, subject to the availability of appropriations, make grants on a competitive basis under this subtitle to States and to local educational agencies that submit to the Secretary an application at such time and in such manner as the Secretary may require. The purpose of the grants is to assist eligible recipients to develop an environmental justice curriculum, and a co-op program, for students attending middle and high schools that—
receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (29 U.S.C. 6311 et seq.); and
are located in an urban community that may be disproportionately affected by climate change, pollution, and other environmental issues.
Curriculum development— An environmental justice curriculum developed with funds received under this subtitle shall satisfy the following objectives:
Educating students, through experiential learning and otherwise, about topics relating to environmental justice, such as air pollution, lead paint poisoning, access to organic foods, sustainable agriculture, proximity to landfills, toxic dumping, relative asthma rates, and the historical patterns of environmental impacts.
Empowering students actively to address environmental issues in their local neighborhoods while also considering global environmental problems.
Allowing students to explore careers that involve solving environmental problems and cultivating innovators to solve such problems.
Enhancing life skills required for sound personal decision making, participation in civic and cultural affairs, and economic productivity, such as problem solving, critical thinking, and good stewardship.
Establishing a nurturing environment that fosters democratic and socially just relationships among schools, families, and surrounding communities.
Co-op program development— A co-op program developed with funds received under this subtitle shall satisfy the following objectives:
Linking students with career opportunities in the environmental field by building partnerships with the public and private sector.
Providing students with an opportunity to earn secondary school course credits or credits towards the jurisdiction’s service learning requirements during the summer through experiential learning such as internships and other types of field experience.
Assisting students in building skills necessary for workforce success, such as development of a career path; resume, letter, and memoranda writing; and job interviewing.
Providing students with mentors recruited through the partnerships described in paragraph (1) who are equipped to assist a mentee in the skill building described in paragraph (3).
H America’s College Promise
Sec. 50801 Short title
This subtitle may be cited as the “America’s College Promise Act of 2020”.
Sec. 50802 Purpose
The purpose of this subtitle is to help all individuals of the United States earn the education and skills the individuals need—
by making 2 years of community college free, through a new partnership with States and Indian tribes to help the States and Indian tribes—
waive resident community college tuition and fees for eligible students;
maintain State and Indian tribe support for higher education; and
promote key reforms to improve student outcomes; and
through a new partnership with minority-serving institutions to—
encourage eligible students to enroll and successfully complete a baccalaureate degree at participating institutions; and
promote key reforms to improve student outcomes.
1 State and Indian Tribe Grants for Community Colleges
Sec. 50811 In general
From amounts appropriated under section 50817(a) for any fiscal year, the Secretary shall award grants to eligible States and Indian tribes to pay the Federal share of expenditures needed to carry out the activities and services described in section 50815.
Sec. 50812 Federal share; non-Federal share
Federal share—
Formula— Subject to paragraph (2), the Federal share of a grant under this part shall be based on a formula, determined by the Secretary, that—
accounts for the State or Indian tribe’s share of eligible students; and
provides, for each eligible student in the State or Indian tribe, a per-student amount that is—
not less than 300 percent of the per-student amount of the State or Indian tribe share, determined under subsection (b), subject to clause (ii); and
not greater than 75 percent of—
for the 2021–2022 award year, the average resident community college tuition and fees per student in all States for the most recent year for which data are available; and
for each subsequent award year, the average resident community college tuition and fees per student in all States calculated under this subclause for the preceding year, increased by the lesser of—
the percentage by which the average resident community college tuition and fees per student in all States for the most recent year for which data are available increased as compared to such average for the preceding year; or
3 percent.
Exception for certain indian tribes— In any case in which not less than 75 percent of the students at the community colleges operated or controlled by an Indian tribe are low-income students, the amount of the Federal share for such Indian tribe shall be not less than 95 percent of the total amount needed to waive tuition and fees for all eligible students enrolled in such community colleges.
State or tribal share—
Formula—
In general— The State or tribal share of a grant under this part for each fiscal year shall be the amount needed to pay 25 percent of the average community college resident tuition and fees per student in all States in the 2021–2022 award year for all eligible students in the State or Indian tribe, respectively, for such fiscal year, except as provided in subparagraph (B).
Exception for certain indian tribes— In a case in which not less than 5 percent of the students at the community colleges operated or controlled by an Indian tribe are low-income students, the amount of such Indian tribe’s tribal share shall not exceed 5 percent of the total amount needed to waive tuition and fees for all eligible students enrolled in such community colleges.
Need-based aid— A State or Indian tribe may include any need-based financial aid provided through State or tribal funds to eligible students as part of the State or tribal share.
No in-kind contributions— A State or Indian tribe shall not include in-kind contributions for purposes of the State or tribal share described in paragraph (1).
Sec. 50813 Eligibility
To be eligible for a grant under this part, a State or Indian tribe shall agree to waive community college resident tuition and fees for all eligible students for each year of the grant.
Sec. 50814 Applications
Submission— For each fiscal year for which a State or Indian tribe desires a grant under this part, an application shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall be submitted by—
in the case of a State, the Governor, the State agency with jurisdiction over higher education, or another agency designated by the Governor to administer the program under this part; or
in the case of an Indian tribe, the governing body of such tribe.
Contents— Each State or Indian tribe application shall include, at a minimum—
an estimate of the number of eligible students in the State or Indian tribe and the cost of waiving community college resident tuition and fees for all eligible students for each fiscal year covered by the grant, with annual increases of an amount that shall not exceed 3 percent of the prior year’s average resident community college tuition and fees;
an assurance that all community colleges in the State or under the jurisdiction of the Indian tribe, respectively, will waive resident tuition and fees for eligible students in programs that are—
academic programs with credits that can fully transfer via articulation agreement toward a baccalaureate degree or postbaccalaureate degree at any public institution of higher education in the State; or
occupational skills training programs that lead to a recognized postsecondary credential that is in an in-demand industry sector or occupation in the State;
a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes, including completion or transfer rates, that have been or will be adopted by the participating community colleges, such as—
providing comprehensive academic and student support services, including mentoring and advising, especially for low-income, first-generation, adult, and other underrepresented students;
providing accelerated learning opportunities, such as dual or concurrent enrollment programs, including early college high school programs;
advancing competency-based education;
strengthening remedial education, especially for low-income, first-generation, adult and other underrepresented students;
implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost; or
utilizing career pathways or degree pathways;
a description of how the State or Indian tribe will promote alignment between its public secondary school and postsecondary education systems, including between 2-year and 4-year public institutions of higher education and with minority-serving institutions described in section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q), to expand awareness of and access to postsecondary education, reduce the need for remediation and repeated coursework, and improve student outcomes;
a description of how the State or Indian tribe will ensure that programs leading to a recognized postsecondary credential meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3153(a)) or other quality criteria determined appropriate by the State or Indian tribe;
an assurance that all participating community colleges in the State or under the authority of the Indian tribe have entered into program participation agreements under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094); and
an assurance that, for each year of the grant, the State or Indian tribe will notify each eligible student of the student’s remaining eligibility for assistance under this part.
Sec. 50815 Allowable uses of funds
In general— A State or Indian tribe shall use a grant under this part only to provide funds to participating community colleges to waive resident tuition and fees for eligible students who are enrolled in—
academic programs with credits that can fully transfer via articulation agreement toward a baccalaureate degree or postbaccalaureate degree at any public institution of higher education in the State; or
occupational skills training programs that lead to a recognized postsecondary credential that is in an in-demand industry sector or occupation in the State.
Additional uses— If a State or Indian tribe demonstrates to the Secretary that it has grant funds remaining after meeting the demand for activities described in subsection (a), the State or Indian tribe may use those funds to carry out one or more of the following:
Expanding the waiver of resident tuition and fees at community college to students who are returning students or otherwise not enrolling in postsecondary education for the first time, and who meet the student eligibility requirements of clauses (i) through (v) of section 50816(5)(A).
Expanding the scope and capacity of high-quality academic and occupational skills training programs at community colleges.
Improving postsecondary education readiness in the State or Indian tribe, through outreach and early intervention.
Expanding access to dual or concurrent enrollment programs, including early college high school programs.
Improving affordability at 4-year public institutions of higher education.
Use of funds for administrative purposes— A State or Indian tribe that receives a grant under this part may not use any funds provided under this part for administrative purposes relating to the grant under this part.
Maintenance of effort— A State or Indian tribe receiving a grant under this part is entitled to receive its full allotment of funds under this part for a fiscal year only if, for each year of the grant, the State or Indian tribe provides financial support for public higher education at a level equal to or exceeding the average amount provided per full-time equivalent student for public institutions of higher education for the 3 consecutive preceding State or Indian tribe fiscal years. In making the calculation under this subsection, the State or Indian tribe shall exclude capital expenses and research and development costs and include need-based financial aid for students who attend public institutions of higher education.
Annual report—
A State or Indian tribe receiving a grant under this part shall submit an annual report to the Secretary describing the uses of grant funds under this part, the progress made in fulfilling the requirements of the grant, and rates of graduation, transfer and attainment of recognized postsecondary credentials at participating community colleges, and including any other information as the Secretary may require.
At the discretion of the Secretary, the information required in the report under paragraph (1) may be included in an annual report on higher education required under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
Reporting by secretary— The Secretary annually shall—
compile and analyze the information described in subsection (e); and
prepare and submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives containing the analysis described in paragraph (1) and an identification of State and Indian tribe best practices for achieving the purpose of this part.
Technical assistance— The Secretary shall provide technical assistance to eligible States and Indian tribes concerning best practices regarding the promising and evidence-based institutional reforms and innovative practices to improve student outcomes as described in section 50814(b)(3) and shall disseminate such best practices among the States and Indian tribes.
Continuation of funding—
In general— A State or Indian tribe receiving a grant under this part for a fiscal year may continue to receive funding under this part for future fiscal years conditioned on the availability of budget authority and on meeting the requirements of the grant, as determined by the Secretary.
Discontinuation— The Secretary may discontinue funding of the Federal share of a grant under this part if the State or Indian tribe has violated the terms of the grant or is not making adequate progress in implementing the reforms described in the application submitted under section 50814.
Sec. 50816 Definitions
In this part:
Career pathway— The term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Community college— The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including 2-year tribally controlled colleges under section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c) and public 2-year State institutions of higher education.
Dual or concurrent enrollment program— The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Early College High School— The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Eligible student—
Definition— The term eligible student means a student who—
enrolls in a community college after the date of enactment of this Act; or
is enrolled in a community college as of the date of enactment of this Act;
attends the community college on not less than a half-time basis;
is maintaining satisfactory progress, as defined in section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)), in the student’s course of study;
qualifies for resident tuition, as determined by the State or Indian tribe; and
is enrolled in an eligible program described in section 50814(b)(2).
Special rule— An otherwise eligible student shall lose eligibility 3 calendar years after first receiving benefits under this part.
In-demand industry sector or occupation— The term in-demand industry sector or occupation has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Indian tribe— The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Recognized postsecondary credential— The term recognized postsecondary credential has the meaning as described in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Secretary— The term Secretary means the Secretary of Education.
State— The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
Sec. 50817 Appropriations
Authorization and appropriations— For the purpose of making grants under this part, there are authorized to be appropriated, and there are appropriated—
$1,515,150,000 for fiscal year 2021;
$3,352,200,000 for fiscal year 2022;
$4,277,940,000 for fiscal year 2023;
$5,988,450,000 for fiscal year 2024;
$7,837,710,000 for fiscal year 2025;
$8,974,350,000 for fiscal year 2026;
$11,302,020,000 for fiscal year 2027;
$14,451,090,000 for fiscal year 2028;
$15,077,130,000 for fiscal year 2029; and
$15,729,810,000 for fiscal year 2030 and each succeeding fiscal year.
Availability— Funds appropriated under subsection (a) shall remain available to the Secretary until expended.
Insufficient funds— If the amount appropriated under subsection (a) for a fiscal year is not sufficient to award each participating State and Indian tribe a grant under this part that is equal to the minimum amount of the Federal share described in section 50812(a), the Secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount.
2 Grants to Historically Black Colleges and Universities, 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. 50821 Pathways to student success for historically black colleges and universities
In general— From amounts appropriated under section 50824(a) for any fiscal year, the Secretary shall award grants to participating 4-year historically black colleges or universities that meet the requirements of subsection (b) to—
encourage students to enroll and successfully complete a bachelor’s degree at participating institutions;
provide incentives to community college students to transfer to participating institutions through strong transfer pathways to complete a bachelor’s degree program; and
support participating institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes.
Eligibility— To be eligible to receive a grant under the program under this section, an institution shall be a historically black college or university that—
has a student body of which not less than 35 percent are low-income students;
commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes, such as—
providing comprehensive academic and student support services, including mentoring and advising;
providing accelerated learning opportunities and degree pathways, such as dual enrollment and pathways to graduate and professional degree programs;
advancing distance and competency-based education;
partnering with employers, industry, not-for-profit associations, and other groups to provide opportunities to advance learning outside the classroom, including work-based learning opportunities such as internships or apprenticeships or programs designed to improve inter-cultural development and personal growth, such as foreign exchange and study abroad programs;
reforming remedial education, especially for low-income students, first generation college students, adult students, and other underrepresented students; or
implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost;
sets performance goals for improving student outcomes for the duration of the grant; and
if receiving a grant for transfer students, has articulation agreements with community colleges at the national, State, or local level to ensure that community college credits can fully transfer to the participating institution.
Grant amount—
Initial amount— For the first year that an eligible institution participates in the grant program under this section and subject to paragraph (3), such eligible institution shall receive a grant in an amount based on the product of—
the actual cost of tuition and fees at the eligible institution in such year (referred to in this section as the per-student rebate); multiplied by
the number of eligible students enrolled in the eligible institution for the preceding year.
Subsequent increases— For each succeeding year after the first year of the grant program under this section, each participating eligible institution shall receive a grant in the amount determined under paragraph (1) for such year, except that in no case shall the amount of the per-student rebate for an eligible institution increase by more than 3 percent as compared to the amount of such rebate for the preceding year.
Limitations—
Maximum per-student rebate— No eligible institution participating in the grant program under this section shall receive a per-student rebate amount for any year that is greater than the national average of annual tuition and fees at public 4-year institutions of higher education for such year, as determined by the Secretary.
First year tuition and fees— During the first year of participation in the grant program under this section, no eligible institution may increase tuition and fees at a rate greater than any annual increase at the eligible institution in the previous 5 years.
Application— An eligible institution that desires 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.
Use of funds— Funds awarded under this section to a participating eligible institution shall be used to waive or significantly reduce tuition and fees for eligible students in an amount of not more than up to the annual per-student rebate amount for each student, for not more than the first 60 credits an eligible student enrolls in the participating eligible institution.
Sec. 50822 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
In general— From amounts appropriated under section 50824(a) for any fiscal year, the Secretary shall award grants to participating 4-year minority-serving institutions to—
encourage students to enroll and successfully complete a bachelor’s degree at participating institutions;
provide incentives to community college students to transfer to participating institutions through strong transfer pathways to complete a bachelor’s degree program; and
support participating institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes.
Institutional eligibility— To be eligible to participate and receive a grant under this section, an institution shall be a minority-serving institution that—
has a student body of which not less than 35 percent are low-income students;
commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes, such as—
providing comprehensive academic and student support services, including mentoring and advising;
providing accelerated learning opportunities and degree pathways, such as dual enrollment and pathways to graduate and professional degree programs;
advancing distance and competency-based education;
partnering with employers, industry, not-for-profit associations, and other groups to provide opportunities to advance learning outside the classroom, including work-based learning opportunities such as internships or apprenticeships or programs designed to improve inter-cultural development and personal growth, such as foreign exchange and study abroad programs;
reforming remedial education, especially for low-income students, first generation college students, adult students, and other underrepresented students; and
implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost;
sets performance goals for improving student outcomes for the duration of the grant; and
if receiving a grant for transfer students, has articulation agreements with community colleges at the national, State, or local levels to ensure that community college credits can fully transfer to the participating institution.
Grant amount—
Initial amount— For the first year that an eligible institution participates in the grant program under this section and subject to paragraph (3), such participating eligible institution shall receive a grant in an amount based on the product of—
the actual cost of tuition and fees at the eligible institution in such year (referred to in this section as the per-student rebate); multiplied by
the number of eligible students enrolled in the eligible institution for the preceding year.
Subsequent increases— For each succeeding year after the first year of the grant program under this section, each participating eligible institution shall receive a grant in the amount determined under paragraph (1) for such year, except that in no case shall the amount of the per-student rebate increase by more than 3 percent as compared to the amount of such rebate for the preceding year.
Limitations—
Maximum per-student rebate— No eligible institution participating in the grant program under this section shall receive a per-student rebate amount for a grant year greater than the national average of public four-year institutional tuition and fees, as determined by the Secretary.
First year tuition and fees— During the first year of participation in the grant program under this section, no eligible institution may increase tuition and fees at a rate greater than any annual increase made by the institution in the previous 5 years.
Application— An eligible institution shall submit an application to the Secretary at such time, in such a manner, and containing such information as determined by the Secretary.
Use of funds— Funds awarded under this section to a participating eligible institution shall be used to waive or significantly reduce tuition and fees for eligible students in an amount of not more than up to the annual per-student rebate amount for each student, for not more than the first 60 credits an eligible student enrolls in the participating eligible institution.
Sec. 50823 Definitions
In this part:
Eligible student—
Definition— The term eligible student means a student, regardless of age, who—
enrolls in a historically black college or university, or minority-serving institution; or
transfers from a community college into a historically black college or university, or minority-serving institution;
attends the historically black college or university, or minority serving institution, on at least a half-time basis;
maintains satisfactory academic progress; and
is a low-income student.
Special rules—
First 3 years— An otherwise eligible student shall lose eligibility 3 calendar years after first receiving benefits under this part.
Special rule for certain students— Notwithstanding subparagraph (A)(i), an otherwise eligible student whose parent or guardian was denied a Federal Direct PLUS loan under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) after November 2011 and before March 29, 2015, and who subsequently withdrew from a historically black college or university, or minority-serving institution, and has not yet completed a program of study at such historically black college or university or minority-serving institution, shall be eligible to participate under section 50821 or 50822 in order to complete such program of study, subject to all other requirements of section 50821 or 50822 (as the case may be).
Historically black college or university— The term historically black college or university means a part B institution described in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
Low-income student— The term low-income student—
shall include any student eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a); and
may include a student ineligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) who is determined by the institution to be a low-income student based on an analysis of the student’s ability to afford the cost of attendance at the institution.
Minority-serving institution— The term minority-serving institution means any public or not-for-profit institution of higher education—
described in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q); and
designated as a minority-serving institution by the Secretary.
Sec. 50824 Appropriations
Authorization and appropriations for HBCU and MSI grants— For the purpose of carrying out sections 50821 and 50822, there are authorized to be appropriated, and there are appropriated—
$61,050,000 for fiscal year 2021;
$199,800,000 for fiscal year 2022;
$1,189,920,000 for fiscal year 2023;
$1,237,650,000 for fiscal year 2024;
$1,287,600,000 for fiscal year 2025;
$1,338,660,000 for fiscal year 2026;
$1,359,750,000 for fiscal year 2027;
$1,449,660,000 for fiscal year 2028;
$1,508,490,000 for fiscal year 2029; and
$1,569,540,000 for fiscal year 2030 and each succeeding fiscal year.
Availability— Funds appropriated under subsection (a) are to remain available to the Secretary until expended.
Insufficient funds— If the amount appropriated under subsection (a) for a fiscal year is not sufficient to award each participating institution in the grant programs under sections 50821 and 50822 a grant under this part equal to 100 percent of the grant amount determined under section 50821(c), the Secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount.
I Go to High School, Go to College
Sec. 50901 Short title
This subtitle may be cited as the “Go to High School, Go to College Act of 2020”.
Sec. 50902 College in High School Federal Pell Grant Pilot Program
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by adding at the end the following:
“(k) College in High School Federal Pell Grant Pilot Program
“(1) In general—For the award years beginning on July 1, 2020, and ending on June 30, 2026, the Secretary shall carry out a pilot program to award College in High School Federal Pell Grants to eligible students to support enrollment in, and completion of, postsecondary courses offered through a dual or concurrent enrollment program or an early college high school.
“(2) Size of program—The Secretary is authorized to enroll not more than 250 eligible institutions into the College in High School Federal Pell Grant Pilot Program under this subsection, with the intent of serving approximately 50,000 students.
“(3) Possibility of extension—The Secretary is authorized to extend the period of the pilot program under this subsection at the discretion of the Secretary.
“(4) Application—An eligible institution that desires to participate in the College in High School Federal Pell Grant Pilot Program under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. As part of the application, the eligible institution shall—
“(A) provide an assurance that such institution will offer eligible students enrolled in the pilot program the opportunity to earn not less than 12 credits on a pathway towards a degree or credential;
“(B) describe how the college course sequences offered to such eligible students are part of a pathway towards a degree or credential;
“(C) provide an assurance that such institution will provide all students enrolled in dual or concurrent enrollment programs and early college high school programs, alongside students receiving College in High School Federal Pell Grants under this subsection, necessary support services to such eligible students, such as academic tutoring, high school to college transition support, guidance counseling, or other comparable services designed to increase student participation for and success in postsecondary education;
“(D) describe how such institution will—
“(i) ensure that all students enrolled in dual or concurrent enrollment programs and early college high school programs, alongside students receiving College in High School Federal Pell Grants under this subsection, complete the Free Application for Federal Student Financial Aid (FAFSA);
“(ii) assist all such students with completion of the FAFSA; and
“(iii) commit to advising students receiving College in High School Federal Pell Grants under this subsection about how receipt of a College in High School Federal Pell Grant will impact their future financial aid eligibility;
“(E) describe the criteria for admission to the pilot program that are used;
“(F) describe the instructors that the pilot program will be using to teach the courses, and what procedures the institution has in place to ensure that the pilot program is using qualified instructors compliant with State laws and accreditation standards;
“(G) describe how such institution will conduct outreach to such eligible students, their parents or caregivers, first-generation college students, and historically underrepresented students, to encourage enrollment in the pilot program;
“(H) commit to being a participant in a statewide articulation agreement, have an articulation agreement with at least one public institution of higher education, or be able to document in another way successful history of credit transfer of dual or concurrent enrollment program coursework to other public institutions of higher education;
“(I) provide an assurance that such institution will inform such eligible students of their transfer options before they enroll, including which other institutions of higher education are likely to accept credits accrued through participation in the pilot program and under what conditions;
“(J) provide an assurance that such institution will provide such eligible students with financial counseling regarding how to use any refund checks they receive for Federal Pell Grant funds in excess of the costs of tuition and fees for students accumulating more than 2 semesters of College in High School Federal Pell Grants;
“(K) commit to supplement, not supplant, the use of recurring public funding already received from Federal or State sources; and
“(L) commit not to charge such eligible students any additional costs above that covered by the student’s College in High School Federal Pell Grant.
“(5) Competitive priority—The Secretary shall award priority for participation in the College in High School Federal Pell Grant Pilot Program under this subsection to—
“(A) an eligible institution that is partnered with a high-need local educational agency that serves one or more high-need high schools that serve a high concentration of high-need students; and
“(B) with respect to eligible institutions that offer a dual or concurrent enrollment program for which certified high school instructors will be used to teach the college classes, an eligible institution that has received accreditation by the National Alliance of Concurrent Enrollment Partnerships.
“(6) Distribution of awards—The Secretary shall ensure that eligible institutions awarded participation in the College in High School Federal Pell Grant Pilot Program reflect a diverse array of eligible institutions, including by geography, program focus, and institution type.
“(7) Applicability of provisions
“(A) In general—Except as otherwise provided under this subsection, the provisions of this section shall apply to College in High School Federal Pell Grants awarded under this subsection.
“(B) Waivers from existing statute—For the purposes of carrying out the College in High School Federal Pell Grant Pilot Program under this subsection, for students enrolled at eligible institutions who have been accepted into the pilot program, the Secretary shall—
“(i) waive the requirement under section 484(a)(1) that a student not be enrolled in an elementary or secondary school to be eligible to receive a Federal Pell Grant; and
“(ii) waive the requirement under section 484(d) that a student be a high school graduate to be eligible for a Federal Pell Grant.
“(C) Two semester cap waiver—Notwithstanding subsection (c)(5), an eligible student may receive not more than 2 semesters, or the equivalent of 2 semesters, of College in High School Federal Pell Grants, prior to drawing down from the student's 12 semester eligibility period for Federal Pell Grants.
“(D) Limitation on award amount—For College in High School Federal Pell Grants that do not apply towards a student’s 12 semester eligibility period for Federal Pell Grants, the size of the College in High School Federal Pell Grant shall be not more than the smaller of—
“(i) the amount determined under subsection (b); and
“(ii) the costs of tuition, fees, transportation, and instructional materials at the eligible institution at which the student is enrolled.
“(8) Limitation on use of funding
“(A) In general—An eligible student who receives a College in High School Federal Pell Grant under this subsection may use the grant only for—
“(i) credit-bearing college coursework; and
“(ii) co-requisite courses.
“(B) Prohibition—The use of a College in High School Federal Pell Grant for non-credit bearing developmental coursework is prohibited.
“(9) Evaluation
“(A) In general—The Secretary shall perform an evaluation, or contract with an appropriate nonprofit entity to conduct an evaluation, on the success of the College in High School Federal Pell Grant Pilot Program under this subsection. In addition, the Secretary shall provide updates to Congress and the public not less often than every 6 months on current participation in the College in High School Federal Pell Grant Pilot Program, and any barriers that are potentially affecting its success. The evaluation shall consider, to the extent practicable, for students receiving a College in High School Federal Pell Grant, disaggregated by student subgroup, the following:
“(i) Student participation in the pilot program.
“(ii) College credit accumulation.
“(iii) High school graduation rates.
“(iv) Postsecondary enrollment after high school graduation.
“(v) Postsecondary enrollment without remediation.
“(vi) Postsecondary persistence.
“(vii) Postsecondary completion.
“(viii) Differences in outcomes under clauses (i) through (vii) based upon type of institution, program model, and method of instruction.
“(B) Reporting—Each eligible institution that participates in the College in High School Federal Pell Grant Pilot Program under this subsection shall report data to the Department for the purposes of completing the evaluation under subparagraph (A).
“(10) Definitions—In this subsection:
“(A) Co-requisite course—The term co-requisite courses means courses designed for college students in need or remediation that combines credit-bearing college-level coursework with supplemental instruction.
“(B) Dual or concurrent enrollment program—The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
“(C) Early college high school—The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
“(D) First-generation college student—The term first-generation college student means—
“(i) an individual both of whose parents did not complete a baccalaureate degree; or
“(ii) in the case of any individual who regularly resided with and received support from only 1 parent, an individual whose only such parent did not complete a baccalaureate degree.
“(E) High-need high school—The term high-need high school means a secondary school that meets any of the following:
“(i) Serves students not less than 50 percent of whom are students who meet either of the following:
“(I) Meet a measure of poverty as described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965.
“(II) Are students described in any of the following items:
“(aa) Racial or ethnic groups that are historically underserved.
“(bb) Children with disabilities, as defined in section 602 of the Individuals with Disabilities Education Act.
“(cc) English learners, as defined in section 8101 of the Elementary and Secondary Education Act of 1965.
“(dd) Migratory children, as defined in section 1309 of the Elementary and Secondary Education Act of 1965.
“(ee) Homeless children and youths.
“(ff) Students who are in foster care or are aging out of the foster care system.
“(gg) Students with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d) of such title).
“(ii) Is identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965.
“(iii) Is implementing a targeted support and improvement plan as described in section 1111(d)(2) of the Elementary and Secondary Education Act of 1965.
“(F) High-need local educational agency—The term high-need local educational agency means a local educational agency—
“(i) that serves not fewer than 10,000 children from families with incomes below the poverty line;
“(ii) for which not less than 20 percent of the children served by the agency are from families with incomes below the poverty line; or
“(iii) that is in the highest quartile of local educational agencies in the State, based on student poverty.
“(G) Historically underrepresented student—The term historically underrepresented student means—
“(i) a student, or prospective student, at an institution of higher education who is at risk of educational failure or otherwise in need of special assistance and support; and
“(ii) may include an adult learner, working student, part-time student, student from a low-income background, student of color, Native youth, single parent (including a single pregnant woman), student who is a homeless child or youth, youth who is in, or has aged out of, the foster care system, first-generation college student, and student with a disability.
“(H) Student subgroup—The term student subgroup means—
“(i) economically disadvantaged students;
“(ii) students from major racial and ethnic groups;
“(iii) children with disabilities, as defined in section 602 of the Individuals with Disabilities Education Act; and
“(iv) English learners, as defined in section 8101 of the Elementary and Secondary Education Act of 1965.”
J America RISING
Sec. 51101 Short title
This subtitle may be cited as the “America Realizing the Informational Skills and Initiative of New Graduates Act of 2020” or “America RISING Act of 2020”.
Sec. 51102 Findings
Congress finds the following:
According to the Bureau of Labor Statistics, in 2012 the national unemployment rate for individuals ages 25 years and older with a bachelor’s degree was 4.5 percent and 6.2 percent for individuals with an associate’s degree. For college graduates ages 18 to 25 the national unemployment rate in 2012 was higher at 7.7 percent. Because the typical college graduates leaves college owing an average of $29,400 in student loan debt, a rate that has increased 6 percent every year since 2008, the current job market offers exceedingly few opportunities for such graduates to obtain employment at a salary adequate to service their college loan debt.
There are more than 26 million small businesses in the United States. In the current economic climate, these small businesses are experiencing difficulty in finding the resources needed to increase sales, modernize operations, and hire new employees.
Recent college graduates need the experience that can be obtained only in the workplace to refine their skills and develop the entrepreneurial qualities that can lead to the creation of new businesses and jobs.
Existing small businesses and companies will benefit from the information and technology skills possessed by many of the Nation’s recent college graduates.
Enabling recent college graduates to obtain employment with small businesses benefits the national economy by providing such businesses the human capital and technical expertise needed to compete and win in the global economy of the 21st century.
Sec. 51103 Establishment of America RISING program
Establishment— The Secretary of Labor and the Secretary of Education shall, jointly, establish a program under which—
grants are paid to eligible employers to defray the cost of compensation paid by such employers to recent college graduates; and
grants are paid to recent college graduates to enable such graduates to defray the cost of undertaking further postsecondary courses at an institution of higher education for up to 24 months in subjects relating to mathematics, science, engineering, or technology.
Terms and conditions—
In general— A grant under this section may be made on such terms and conditions as the Secretary may determine.
Deferral of Federal student loan obligations— Each recent college graduate participating in the program under this section (by benefitting from a grant awarded under paragraph (1), or receiving a grant under paragraph (2), of subsection (a)) may defer payment on Federal student loans made to the graduate under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for the period of the graduate’s participation in the program.
Grants to eligible employers— With respect to a grant awarded under subsection (a)(1)—
an eligible employer—
may use the grant to defray the cost of compensation for not more than 2 recent college graduates; and
shall provide a compensation amount to each recent college graduate participating in the program that is equal to or greater than the grant amount received by the employer for the graduate; and
the Secretary may not award an eligible employer more than $25,000 per recent college graduate.
Grants to recent college graduates— With respect to a grant awarded under subsection (a)(2) to a recent college graduate, the graduate shall be eligible to receive Federal student aid under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) without regard to whether the graduate has been or is delinquent on any Federal student loans made to the graduate under such title IV (20 U.S.C. 1070 et seq.).
Definitions— In this section:
Eligible employer— The term eligible employer means an employer that—
is a small business concern; or
is a major corporation that has an operation located in—
an enterprise zone; or
an area in which, according to the most recent data available, the unemployment rate exceeds the national average unemployment rate by more than two percentage points.
Enterprise zone— The term enterprise zone has the meaning given the term HUBzone in section 3 of the Small Business Act (15 U.S.C. 632).
Institution of higher education— Except as provided in paragraph (3)(B), the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Major corporation— The term major corporation means an employer that earns an annual revenue of not less than $5,000,000 and employs not less than 50 employees.
Recent college graduate—
In general— The term recent college graduate means an individual—
who has received a baccalaureate or associate degree from an institution of higher education on or after the date that is 24 months before the grant benefitting the graduate is awarded under this section; and
who has not previously received any such baccalaureate or associate degree.
Institution of higher education— In subparagraph (A), the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Small business concern— The term small business concern has the meaning given such term in section 3 of the Small Business Act (15 U.S.C. 632).
Authorization of appropriations—
In general— There is authorized to be appropriated to carry out this subtitle $100,000,000 for each of the fiscal years 2022, 2023, and 2024.
Availability— Funds appropriated under paragraph (1) shall remain available until expended.
K Cyber Security Education and Federal Workforce Enhancement Act
Sec. 51201 Short title
This subtitle may be cited as the “Cyber Security Education and Federal Workforce Enhancement Act”.
Sec. 51202 Findings
Congress makes the following findings:
The Department of Homeland Security’s Cybersecurity Education & Awareness (CE&A) Branch was established under National Security Presidential Directive–54/Homeland Security Presidential Directive–23, which launched the 2008 Comprehensive National Cybersecurity Initiative. There is no appropriations language that references CE&A; it is funded through the Infrastructure Protection and Information Security appropriation under the National Protection and Programs Directorate.
The Department of Homeland Security’s CE&A works with universities to attract top talent through competitive scholarship, fellowship, and internship programs.
The agency certifies more than 125 institutions nationwide as National Centers for Academic Excellence to teach students valuable technical skills in various disciplines of Information Assurance.
The CE&A prepares and makes available computer and information security lesson plans. At the K–12 level, the Department has partnered with USA Today to provide lesson plans about the importance of prevention of computer and digital information crimes at home and in the classroom.
The agency initiated the IT Security Essential Body of Knowledge (EBK). The National Cybersecurity Division developed the EBK to establish a national baseline of the essential knowledge and skills that IT security practitioners in the public and private sector should have to perform specific roles and responsibilities.
The challenge for computer and information security coordination and development is no single agreed upon voluntary taxonomy nor definitions to rely upon when categorizing or classifying computer or information security jobs.
The fields of computer and information security study is within the field of information assurance.
The information assurance, cybersecurity and computer security workforce encompasses a variety of context, roles, and occupations and is too broad and diverse to be treated as a single occupation or profession.
Science, technology, engineering, and mathematics occupations, which include computer and information security experts and professionals, are expected to grow by 17 percent by the year 2018 compared to 9.8 percent for other jobs.
The Federal Government is experiencing a shortage of qualified professionals with expertise in computer and information security.
Insufficiently trained, educated, or supervised Federal computer workers can reduce the Nation’s ability to secure computer networks from cyber attacks or incidents.
The computing and information security workforce encompasses a variety of context, roles, and occupations and is too broad an diverse to be treated as a single occupation or profession.
Computing and information security is not solely a technical endeavor, and thus encompasses a wide range of backgrounds and skills that will be needed in an effective national computing and information security workforce.
The route toward professionalization of a field of study can be slow and difficult, and not all portions of a field can or should be professionalized at the same time.
It is essential, just as it is for other disciplines like medicine and the law, that academics, employers, and government share a common language to identify, train, educate, and employ computer and information security professionals.
The secure management of digital sensitive information collected maintained or transmitted by Federal Government agencies, including taxpayer data, Social Security records, medical records, intellectual property, proprietary business information, and sensitive Government data vital to national security and national defense requires an educated and well-trained, as well as supervised, Federal workforce.
It is in the Nation’s interest to promote opportunities for science and technology education and employment as a means of addressing the need to fill computer and information security jobs within the Federal Government.
The Department of Homeland Security’s role is to lead, champion, and sustain the development of a national information assurance, cybersecurity and computer security workforce, as well as to educate the citizenry.
Developing, implementing, and articulating programs that protect against and respond to computer and information security threats and hazards to the Homeland’s security.
The Department of Homeland Security must create an agile, diverse workforce and digital citizenry that are capable of sustaining a safe, secure, resilient computer and information security space, driven by a dynamic Department organization at the forefront of cross-sector computer and information security workforce development.
1 Department of Homeland Security K–12 Excellence in Science and Technology
Sec. 51211 Office of Cybersecurity Education and Awareness
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. Office of Cybersecurity Education and Awareness
“(a) Establishment—There shall be within the Department an Office of Cybersecurity Education and Awareness Branch (hereinafter in this section referred to as the “Office”).
“(b) Responsibilities—The Office shall be responsible for carrying out the duties of the Office as directed by the Secretary. The Office shall also report to the Secretary the ongoing work of the Office. Further, the Office shall report on the statutory authority, Executive orders or agency directives that guide the work of the Office. The Office shall report to the Secretary what additional authority is needed to fulfill the mission for the Office as outlined by the section. The Office shall also conduct research and make recommendations to the Secretary to the extent that the agency can effectively engage in the following:
“(1) Recruiting, retaining, and sustaining the skills and knowledge of information assurance, cybersecurity and computer security professionals in the Department of Homeland Security, hereinafter known as the “Department”.
“(2) Supporting kindergarten through grade 12 science and technology and computer and information safety education through grants, and training programs.
“(3) Supporting postsecondary information assurance, cybersecurity and computer security programs that provide education that benefits the mission and objective of the Department regarding recruitment and retention of highly trained computing professionals who are work ready.
“(4) Promoting public knowledge of computer and information security competitions to provide computer and information security competition administrators, participants, and sponsors with information necessary to further broader public participation in these activities.
“(5) Developing a guest lecturer program or part-time lecturer program comprised of information assurance, cybersecurity and computer security experts in the Federal Government, academia and private sector to support education of students at institutions of higher education who are pursuing degrees in computing science.
“(6) Managing a Computer and Information Security Youth Training Pathway Program for secondary school and postsecondary school students to work in part-time or summer positions along with Federal agency computer and information security professionals.
“(7) Developing programs that increase the capacity of institutions defined in section 371 of the Higher Education Act of 1965—
“(A) Historically Black Colleges and Universities;
“(B) professional and academic areas in which African-Americans are under represented;
“(C) Hispanic-serving institutions;
“(D) Native American colleges; and
“(E) rural colleges and universities.
“(8) Conduct research and make recommendations to the Secretary on what the agency can do to increase participation of professional and academic under represented areas at minority institutions.
“(9) Providing support to the institutions of higher education described in subparagraphs (A) through (E) of paragraph (7) to provide course work and education in computer and information security designed to raise the number and diversity of students in the field. The Office may use the institutions defined under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q) minority-serving institutions are defined as follows:
“(A) A part B institution (as defined in section 322 (20 U.S.C. 1061)).
“(B) A Hispanic-serving institution (as defined in section 502 (20 U.S.C. 1101a)).
“(C) A Tribal College or University (as defined in section 316 (20 U.S.C. 1059)).
“(D) An Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) (20 U.S.C. 1059d(b))).
“(E) A Predominantly Black Institution (as defined in subsection (c)).
“(F) An Asian American and Native American Pacific Islander-serving institution (as defined in subsection (c)).
“(G) A Native American-serving nontribal institution (as defined in subsection (c)).
“(c) Definitions—In this section:
“(1) The term “information assurance, cybersecurity and computer security program” has the meaning given by the Secretary in consultation with the computing and information Security Post Secondary Education Working Group under the bill.
“(2) The term “K–12” may be defined by the Secretary in consultation with the K–12 Science and Technology Education Board of Advisors under section 51215 of the Cyber Security Education and Federal Workforce Enhancement Act.
“(3) The Secretary may define higher education institutions under this title using definitions found in section 371 of the Higher Education Act of 1965.
“(4) The term “professional and academic under represented areas” means areas in which African-Americans, Hispanics, and women are under represented has the meaning given such term by the Secretary, who may consult with the Commissioner for Education Statistics and the Commissioner of the Bureau of Labor Statistics. The basis of the determining the means should be based on most recent available satisfactory data, as computing and information security professional and academic areas in which the percentage of African-Americans, Hispanics, and females who have been educated, trained, and employed is less than the percentage of African-Americans, Hispanics, and women in the general population.”
Clerical amendment— The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 225 the following new item:
Sec. 51212 Science and technology initiative grants
In general— The Secretary of Homeland Security shall consider existing authority to make grants to secondary schools under this section, which shall be known as “Science and Technology Educators Initiative Grants”.
Selection of schools— If the Secretary determines that they have the authority they may select secondary schools to receive grants under this section, the Secretary may consider the following factors:
Whether more than 40 percent of the students at the secondary school are eligible for free or reduced price school meal programs under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966.
The location of the secondary school is in a rural area.
The participation of representation of professions and academic area among students which will also include home schooled, individuals residing in rural areas, and individuals attending underperforming secondary schools.
The location of the school in an area where the unemployment rate was not more than one percent higher than the national average unemployment rate during the 24-month period preceding the determination of eligibility under this subsection.
The location of the secondary school in an area where the per capita income is of 80 percent or less of the national per capita income.
Sec. 51213 Project-based learning program
Establishment— The Secretary shall direct the Office to conduct research to investigate and make recommendations regarding the feasibility and existing authority to establish a national project-based science and technology learning program, to be known as the “K–12 Science and Technology Learning Program” and make a report to both House and Senate Oversight Committees. Under such research program, the Secretary shall determine existing authority to—
create State and regional workshops to train teachers in science and technology project-based learning;
establish between institutions of higher education, businesses, and local public and private educational agencies that serve students comprised of 40 percent or more of professional and academic under represented areas to provide materials and teaching aids to teachers who successfully complete the science and technology project-based learning program under this section;
identify no cost or low cost summer and after school science and technology education programs and broadly disseminate that information to the public; and
make grants to local educational agencies to support the participation of teachers of elementary school and secondary school in science and technology training programs by providing travel and enrollment expenses, with a priority given to teachers who work in schools serving neglected, delinquent, migrant students, English learners, at-risk students, and Native Americans, as determined by the Secretary.
Authority— The Secretary shall have the authority under this statute to conduct a limited pilot project to test recommendations on possible programs that would be low-cost but have the greatest impact on instilling the importance of technology and science education.
Report to Congress— The Secretary shall submit to Congress an annual report on the program established under this section.
Project-Based science and technology learning defined— In this section, the term project-based science and technology learning means a systematic teaching method that engages students in learning essential science, technology, engineering and mathematics through knowledge and life-enhancing skills through an extended, student-influenced inquiry process structured around complex, authentic questions and carefully designed products and tasks developed specifically for education.
Sec. 51214 Matching funds for State and privately financed science and technology after-school programs
In general— The Secretary of Homeland Security shall provide matching funds to local educational agencies for after-school programs dedicated to science, technology, engineering, and math in an amount equal to the amount provided to the program by a State, local, tribal, or territorial government or by a nonprofit or private entity.
Criteria— In selecting programs for which to provide funds under this section, the Secretary shall consider—
the number of students served by the programs; and
the participation in the programs of students from populations referred to in section 230A of the Homeland Security Act of 2002, as added by section 51211.
Limitation on amount of funding— For any fiscal year, no individual school’s after-school program shall receive more than $5,000 under this section.
Sec. 51215 Science and Technology Board of Advisors
Establishment— There is established in the Department of Homeland Security the “Research K–12 Science and Technology Education Board of Advisors” (hereinafter in this section referred to as the “Board”).
Membership—
Composition— The Board shall be composed of 15 members appointed by the Secretary of Homeland Security, all of whom shall have K–12 education expertise in programs. The Secretary shall appoint members based on the following qualifications:
Members of the Board shall have experience in K–12 science, technology, engineering, and mathematics education programs.
Members of the Board shall have experience in training K–12 educators on providing science and technology instruction.
Members of the Board shall have experience in the promotion of science and technology education among under represented populations, as defined by section 230A of the Homeland Security Act of 2002, as added by section 51211.
Deadline for appointment— All members of the Board shall be appointed not later than 60 days after the date of the enactment of this subtitle.
Vacancies— Any vacancy in the membership of the Board shall not affect its powers and shall be filled in the same manner in which the original appointment was made.
Compensation—
In general— Members of the Board shall not receive any compensation for their service.
Travel expenses— While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.
Prohibition of consultant or contracting work— No member of the Board while serving in this capacity or for 1 year following departure from the Board may work as a consultant or contract worker for the Department of Homeland Security in a position related to the work of the Board or member agency that participates as a member of the Board.
Responsibilities— The responsibilities of the Board are to research and make recommendations to the Secretary on—
the status of K–12 science and technology education domestically and internationally;
how to increase the quality and diversity of science and technology curriculum;
promoting K–12 science and technology competitions;
establishing a virtual network to support teacher and student science and technology education and development;
ascertaining, evaluating, and reporting on best practices for project-based science and technology learning (as such term is defined in section 51213(c)); and
identifying K–12 science and technology education efforts that are successful in engaging youth, with proven competence in engaging females, minorities, individuals residing in rural areas, individuals residing in majority minority districts, home schooled students.
Chair— The Chair of the Board shall be designated by the Secretary from among the members of the Board.
Meetings—
Initial meeting— The Board shall meet and begin the operations of the Board by not later than 90 days after the date of the enactment of this Act.
Subsequent meetings— After its initial meeting, the Board shall set the time and place of its next meeting. The Board can upon the call of the chairman or a majority of its members meet.
Quorum— A majority of the Board shall constitute a quorum.
Voting— Proxy voting shall be allowed on behalf of a member of the Board.
Rules of procedure— The Board may establish rules for the conduct of the Board’s business, if such rules are not inconsistent with this section or other applicable law.
Powers—
Hearings and evidence— The Board or, on the authority of the Board, any subcommittee or member thereof, may, for the purpose of carrying out this part hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths.
Federal agency staff— The Secretary shall make decisions regarding Federal agency staff to be detailed to support the work of the Board.
Contract authority— The Board may enter into contracts with the approval of the Secretary to such extent and in such amounts as necessary for the Board to discharge its duties under this section.
Information from Federal agencies—
In general— After providing notice to the Secretary who may provide staff from the Department to meet the staffing needs of the Board. After 10 working days following notice to the Secretary the Board is authorized to secure directly from any executive department, bureau, agency, board, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this part. Each department, bureau, agency, board, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Board, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Board, or any member designated by a majority of the Board.
Receipt, handling, storage, and dissemination— Information shall only be received, handled, stored, and disseminated by members of the Board and its staff consistent with all applicable statutes, regulations, and Executive orders.
Assistance from Federal agencies—
General Services Administration— The Administrator of General Services shall provide to the Board on a reimbursable basis administrative support and other services for the performance of the Board's functions.
Other departments and agencies— In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States may provide to the Board such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.
Postal services— The Board may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
Staff—
In general—
Appointment and compensation— The Chair, in accordance with rules agreed upon by the Board, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
Personnel as Federal employees—
In general— The executive director and any personnel of the Board who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
Members of the Board— Clause (i) shall not be construed to apply to members of the Board.
Detailees— Any Federal Government employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
Administrative support from the department— At the request of the Board, the Secretary of Homeland Security shall provide the Board with Administrative support necessary for the Board to carry out its duties under this part.
Reports—
Quarterly reports— The Board shall submit to the Secretary of Homeland Security quarterly reports on the activities of the Board.
Final report— Not later than two years after the date of the enactment of this Act, the Board shall submit to the Secretary a final report containing such findings conclusions, and recommendations as have been agreed to by a majority of Board members.
Applicability of FACA—
In general— Nothing in the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.
Public meetings and release of public versions of reports— The Board shall—
hold public hearings and meetings to the extent appropriate; and
release public versions of the reports required under subsection (h).
Public hearings— Any public hearings of the Board shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Board as required by any applicable statute, regulation, or Executive order.
Termination— The Board, and all the authorities of this part, shall terminate two years after the date of the Board’s first meeting, which shall take place 90 days following its appointment.
In general— The Board and all the authorities of this section shall terminate 60 days after the date on which the final report is submitted under subsection (h)(2).
Administrative activities before termination— The Board may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report.
Funding— There is authorized to be appropriated such sums as may be necessary to carry out this section. Amounts made available pursuant to this subsection shall remain available until the termination of the Board.
Sec. 51216 Laboratories for science and technology excellence
The Secretary of Homeland Security shall determine if existing authority allows the agency to make grants to local education agencies for the purpose of supplying laboratory facilities at secondary schools to promote the teaching of science, technology, engineering, and mathematics. If the Secretary determines that the authority does not exist shall make a report to congressional oversight committees detailing the limitation in agency authority to conduct activity under this section and make recommendations on the benefits if any should the agency have the authority to engage in the activity outlined in this section.
2 Post-Secondary Computer and Information Security Education
Sec. 51221 Computing and Information Research Working Group
Establishment— There is hereby established in the Department of Homeland Security the Computing and Information Security Post-Secondary Education Working Group, hereafter in this section referred to as the “Working Group”.
Responsibilities— The Working Group shall conduct research and—
assist the Secretary in developing voluntary guidelines that could serve as guidance to Federal civil agency training programs, computer and information security certification authorities, and accreditation bodies seeking guidance on developing, enhancing, or sustaining competitive information security; and
make recommendations to the Secretary regarding—
the state of the computing and information security workforce development;
evaluations and reports on the advantages, disadvantages, and approaches to professionalizing the Nation’s computing and information security workforce;
criteria that can be used to identify which, if any, specialty areas may require professionalization;
criteria for evaluating different approaches and tools for professionalization;
techniques that enhance the efficiency and effectiveness of computing and information security workers;
better tools and approaches for risk identification and assessment;
improved system design and development;
creation of better incentives for deployment of better computing and information security technologies;
improvements in end user behaviors through training and better coordination among network managers;
core curriculum requirements for computing and information security training;
efficacy and efficiencies of taxonomy and definitions for computer and information security;
guidelines for accreditations and certification of computing and information security college and university programs;
identifying the role of mentors in the retention of students enrolled in computing and technology programs at institutions of higher education who complete degree programs;
remote access to computing and information security education and training through the Internet; and
institution of higher education funding and research needs.
Deadline for submittal of research funding and recommendations—
Initial research— The Working Group shall submit to the Secretary an initial research plan that will guide the work of the Working Group.
Other research recommendations— The Working Group shall provide the Secretary a list of other areas that require research to accomplish the purpose of the agency’s goal of providing cyber security protection for the agency. The Working Group shall provide a description of the proposed research and the purpose of the research as it relates to the goals of cybersecurity of the agency.
Initial recommendations— The Working Group shall submit to the Secretary initial recommendations under this section by not later than nine months after the date on which all of the members of the Working Group are appointed.
Other recommendations— Not later than six months after all members of the Working Group are appointed, the Working Group shall submit to the Secretary research and recommendations on the effectiveness of Federal civil agency computer and information security training programs, including an evaluation of certification authorities and their role in providing work ready staff to fill positions with the agency.
Subsequent research and recommendations— Not later than one year after the date of the submittal of the initial research and recommendations under paragraph (1), and annually thereafter, the Working Group shall submit to the Secretary subsequent research and recommendations under this section and an update on the progress made toward a well trained and sustainable Department computer and information workforce.
Membership—
Chair— The Chair of the Working Group shall be the Director of the National Institute of Standards and Technology or the Director’s designee.
Other members— The Working Group shall be composed of 21 members, who are appointed by the Secretary of Homeland Security in consultation with the Director of NIST and the head of the entity represented by the member.
Appointment— All appointments are for a term of 2 years with one reappointment for an additional 2 years.
Quorum— A majority of the members of the Working Group shall constitute a quorum.
No compensation for service— While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.
Technical support from the Department of Homeland Security— At the request of the Working Group, the Secretary of Homeland Security shall provide the Working Group with technical support necessary for the Working Group to carry out its duties under this section.
Intellectual property rights— No private-sector individual or entity shall obtain any intellectual property rights to any guidelines or recommendations nor the contents of any guideline (or any modification to any guideline) adopted by the Secretary under this section.
Report— Not later than one year after the date of the enactment of this Act, the Working Group shall submit to the Secretary a report containing researching findings, an outline for other areas requiring research and why as well as recommendations of the Working Group.
Submittal of recommendations to Congress— Not later than 18 months after the date of the enactment of this Act, 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 on the research findings, an outline of other areas requiring research and why and recommendations for furthering the cybersecurity of the agency.
Treatment of recommendations— The Secretary has the benefit of the Working Group’s work which the Secretary may accept, reject, or modify. The Secretary shall not be bound by the recommendations of the Working Group.
Publication of recommendations in Federal Register— The Secretary shall approve the publication of grant application guidelines in the Federal Register by not later than 90 days after receiving the report submitted under subsection (h).
Applicability of FACA— Nothing in the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall apply to the Working Group.
Sec. 51222 Process for adoption research and a best practices voluntary guidelines for laboratory facilities
Establishment of the Post-Secondary Laboratory Development Task Force— The Secretary of Homeland Security shall establish a “Post-Secondary Laboratory Research Development Task Force” (hereinafter in this section referred to as the “Development Task Force”).
Responsibilities— The Development Task Force shall conduct research for and make recommendations to the Secretary regarding best practices voluntary guidelines for college and university laboratory facilities for education and research purposes related to information assurance, cybersecurity and computing security. Such research on what baseline equipment, capacity, skilled instruction, and certification may be needed for a set of best practices voluntary guidelines for colleague or university laboratories and make recommendations on the best methods of assuring that the greatest number of institutions have access to facilities that meet the baseline best practices regarding—
qualifications for laboratories for the purpose of providing education or instruction in computing security, computer networks, enterprises, informatics, and other systems designated by the Secretary;
types of software;
types of hardware;
types of firmware;
security applications, including firewalls, whole hat hackers, red teams, and blue teams;
security protocols needed to protect the physical and computer resources of the laboratory;
accreditation and certification of college and university computer and information security laboratories;
best practices for—
public-private collaborations to support secondary and post-secondary laboratory facilities for computer or information security;
visiting guest lecture programs for business and Government information technology security experts; and
developing real world laboratory exercise and proficiency measures; and
how best to recruit and retain instructors with requisite degrees to teach computer and information security courses to undergraduate and graduate students.
Membership—
Members— The Development Task Force shall be composed of 19 members, including the Chair. The Secretary of Homeland Security, in consultation with the head of the entity represented by the member agencies, shall appoint members. The Secretary shall appoint a chair from among the members of the Development Task Force. Such members shall consist of one representative of each of the following agencies:
The White House Office of Science and Technology Policy.
The Office of the Director of National Intelligence.
The Department of Energy.
The Defense Advanced Research Projects Agency.
The Department of Commerce.
The National Institutes of Health.
The National Institute of Science and Technology.
The National Science Foundation.
The Director of the Office of Personnel Management.
Other members— The Secretary shall consider for the other members of the Development Task Force representatives from organizations that advocate and promote professional development of professional and academic under represented areas and organizations with the mission of promoting professional development and academic excellence in information assurance, cybersecurity and computing security:
Organizations with the mission of advancing computing as a science and profession.
Organizations that promote information system security education.
Professional associations that are well established and broadly recognized for the advancement of technology.
Professional associations that represent professionals and academics referred to in section 230A of the Homeland Security Act of 2002, as added by section 51211.
K–12 science and technology programs that conduct successful after school and summer programs for under represented populations, rural communities and serve communities where unemployment is at least two percent higher than the national average.
Organizations that promote education of Native Americans or other indigenous peoples of the United States or its territories.
Regional diversity of public and private school districts that excel at science and technology education.
Quorum— A majority of the members of the Development Task Force shall constitute a quorum.
Voting— Proxy voting shall be allowed on behalf of a member of the Development Task Force.
Rules of procedure— The Development Task Force may establish rules for the conduct of the Development Task Force’s business, if such rules are not inconsistent with this section or other applicable law.
Powers—
Hearings and evidence— The Development Task Force or, on the authority of the Development Task Force, or any subcommittee or member thereof, may, for the purpose of carrying out this section hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths.
Contract authority— After giving notice to the Secretary who may substitute agency staff with the requisite skills to fill a position needed by the Board at no additional cost to the Board. After 10 working days following notice to the Secretary the Development Task Force may enter into contracts to such extent and in such amounts as necessary for the Development Task Force to discharge its duties under this section.
Information from federal agencies—
In general— The Development Task Force is authorized to secure directly from any executive department, bureau, agency, board, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this section. Each department, bureau, agency, board, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Board, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Board, or any member designated by a majority of the Board.
Receipt, handling, storage, and dissemination— Information shall only be received, handled, stored, and disseminated by members of the Board and its staff consistent with all applicable statutes, regulations, and Executive orders.
Assistance from federal agencies—
General services administration— The Administrator of General Services shall provide to the Development Task Force on a reimbursable basis administrative support and other services for the performance of the Board’s functions.
Other departments and agencies— In addition to the assistance prescribed in subparagraph (A), departments and agencies of the United States may provide to the Board such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.
Postal services— The Development Task Force may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.
Staff—
In general— While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code.
Personnel as federal employees—
In general— The executive director and any personnel of the Development Task Force who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
Members of the development task force— Subparagraph (A) shall not be construed to apply to members of the Development Task Force.
Detailees— Any Federal Government employee may be detailed to the Board without reimbursement from the Development Task Force, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption.
No compensation for service— Members of the Development Task Force shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Development Task Force.
Prohibition of consultant or contracting work— No member of the Development Task Force while serving in this capacity or for 1 year following departure from the Development Task Force may work as a consultant or contract worker for the Department of Homeland Security in a position related to the work of the Development Task Force or member agency that participates as a member of the Development Task Force.
Report— The Development Task Force shall submit a report to the Secretary of Homeland Security; a report on research findings, best practices voluntary guidelines and recommendations to the Secretary. The report shall be in unclassified form but may include a classified annex.
Secretary of Homeland Security report— The Secretary shall submit to Congress a report on the work of the Development Task Force’s, research into best practices voluntary guidelines, areas that require additional study and a set of recommendations. The Secretary shall indicate to the Congress which Development Task Force recommendations have been implemented, which will be implemented, or which will be rejected and why.
Technical support from the Department— At the request of Development Task Force the Secretary of Homeland Security shall provide the Development Task Force with technical support necessary for the Development Task Force to carry out its duties under this section.
Intellectual property— No private-sector individual or entity serving on the Development Task Force shall obtain any intellectual property rights to any guidelines or recommendations that derive from the work of the Development Task Force or any guidelines (or any modification to any guidelines) based on the work of the Development Task Force.
Prohibition of consultant or contracting work— No member of the Development Task Force while serving in this capacity or for 1 year following departure from the Development Task Force may work as a consultant or contract worker in a position related to the direct work of the Development Task Force to the Department of Homeland Security or member agency that participates as a member of the Development Task Force.
Sec. 51223 Computing and information security mentoring programs for college students
Office of Cybersecurity and Information Security Professional’s Mentoring Program—
In general— Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is further amended by adding at the end the following new section:
“230B. Office of Computing and Information Security Professional’s Mentoring Program
“(a) Establishment—There is in the Department an Office of Computing and Information Security Professional’s Mentoring Program. The head of the office is the Mentoring Coordinator, who shall be appointed by the Secretary.
“(b) Responsibilities—The Mentoring Coordinator shall be responsible for working with outreach to institution of higher education, critical infrastructure owners, and the heads of Federal departments and agencies to develop and promote the participation of professionals as volunteer mentors to—
“(1) undergraduate students at institutions of higher education who are enrolled in the third or fourth year of a program of education leading to a degree in computing or information security;
“(2) students enrolled in a program of education leading to a doctoral degree in computing or information security; and
“(3) new employees of Federal departments and agencies whose primary responsibilities relate to computing or information security.”
Clerical amendment— The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 230A the following new item:
Grant program—
In general— The Secretary of Homeland Security shall determine existing authority to make grants to covered institutions of higher learning for the establishment of mentoring programs for undergraduates enrolled in programs or courses of education in information assurance, cybersecurity or computing security programs.
Covered institutions of higher learning— For purposes of this subsection, the term “covered institution of higher learning” means those institutions as defined in section 371 of the Higher Education Act of 1965 and listed in section 51211 of this bill.
Sec. 51224 Grants for computer equipment
Grants— The Secretary of Homeland Security may make grants to post-secondary institutions that offer courses or degrees in computing or information security to be used to establish or equip a computer laboratory to be made available to students and faculty for both teaching and research purposes.
Technical support— The Secretary shall ensure that each recipient of a grant under this section also receives technical support on the use and proper function of equipment and software.
Publication in Federal Register— The Secretary shall publish the name of each institution of higher education that receives a grant under this section and the amount of such grant.
Qualification— In making grants under this section, the Secretary—
shall take into consideration whether more than 50 percent of the students at an institution are taking online or distance learning computer science and information security courses; and
may establish guidance to institutions for entering into laboratory facilities sharing agreements to allow institutions to qualify for grants under this section.
Sec. 51225 Centers of Academic Computing and Information Assurance
Program established— The Secretary of Homeland Security shall establish a program for Centers of Academic Computer and Information Assurance Distinction.
Designation of Centers—
In general— The Secretary may designate five colleges or universities as Centers of Distinction for Academic Computing and Information Security Assurance each year with no limit to the total number of such Centers that may be established. The Secretary may make public the Centers for Distinction in Academic Computing and Information Security Assurance.
Revocation of designations— The Secretary may revoke the designation of a Center of Distinction for Academic Computing and Information Security Assurance.
Criteria— The Secretary shall make available information regarding the criteria for designating an institution as a Center of Distinction for Academic Computing and Information Security Assurance under this section.
Distance learning— In designating Centers under this section, the Secretary shall consider the number of students who are enrolled in distance learning computer or information security courses and whether collaborations for in laboratory instruction through shared arrangements with established information assurance, cybersecurity computing security programs at secondary education programs that laboratory facilities that meet best practices as outlined by the Secretary would be sufficient to meet the requirements established under this section.
Outreach— The Secretary shall identify and report on the success of efforts to reach under represented populations in the field of computing and information security through work with institutions as defined under section 371 of the Higher Education Act of 1965 listed in section 51211 of this subtitle.
Report— Not later than 220 days after the date of the enactment of this Act, the Secretary shall submit to Congress recommendations regarding distance learning computer and information security programs for meeting the cybersecurity professional requirements of the agency.
Consideration of programs— The Secretary may consider the following when making grants to postsecondary education institutions and private sector entities who are contracted, provided grants or funds to conduct research on information assurance, cybersecurity and computing security to advance the agency’s cybersecurity capacity:
Institutions designated as a Center of Distinction for Academic Computing and Information Security Assurance.
Institutions who have established academic mentoring and program development partnerships related to information assurance, cybersecurity, and computing security academic programs with institutions defined under section 371 of the Higher Education Act of 1965 listed in section 51211 of this subtitle.
3 Federal Workforce Computer and Information Security Professional Development
Sec. 51231 Lifelong learning in computer and information security study
Establishment— The Secretary of Homeland Security shall establish a program to be known as the “Lifelong Computer and Information Security Study”. Such program shall be designed to promote computer and information security professionals among Federal civilian agencies, critical infrastructure, and the general public by supporting post-employment education and training.
Discretion of Secretary— The Secretary shall have the discretion to determine the best methods for accomplishing the objective of this section.
Reports— The Secretary shall periodically submit to Congress a report on the implementation of this section.
Sec. 51232 Computer and information security job opportunities program
In general— The Secretary of Homeland Security, acting through the Deputy Assistant Secretary for Cybersecurity Education and Awareness, shall establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for—
the establishment or expansion of computer and information security professional development programs;
the establishment or expansion (or both) of associate degree programs in computer and information security; and
the purchase of equipment to provide training in computer and information security for either professional development programs or degree programs.
Goals and criteria— The Secretary, acting through the Deputy Assistant Secretary and in consultation with the Working Group established under section 51221, shall establish the goals for the program under this section and the criteria for awarding grants.
Awards—
Peer review— All awards under this section shall be provided on a competitive, merit-reviewed basis. The peer review process shall be published in the Federal Register. Those serving in a peer review role shall do so for 2 years with an option for 1 additional term. Applicants in the event of a denial of an award shall be provided with a detailed explanation for the denial.
Focus— In making awards under this section, the Deputy Assistant Secretary shall, to the extent practicable, ensure geographic diversity and the participation of women and under represented minorities.
Preference— In making awards under this section, the Deputy Assistant Secretary shall—
give preference to applications submitted by consortia of institutions, to encourage as many students and professionals as possible to benefit from the program established under this section;
give preference to any application submitted by a consortium of institutions that includes at least one institution that is eligible to receive funds under title III or V of the Higher Education Act of 1965; and
consider the enrollment of students in online and distance learning courses.
Institution of higher education defined— In this section the term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Sec. 51233 Department of Homeland Security Cybersecurity training programs and equipment
In general— The Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, shall establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for—
the establishment or expansion of cybersecurity professional development programs;
the establishment or expansion (or both) of associate degree programs in cybersecurity; and
the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs.
Roles—
Department of Homeland Security— The Secretary, acting through the Assistant Secretary and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants.
National Science Foundation— The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering awards. The Director may consult with the Assistant Secretary in selecting awardees.
Funding— The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section.
Awards—
Peer review— All awards under this section shall be provided on a competitive, merit-reviewed basis.
Focus— In making awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and under represented minorities.
Preference— In making awards under this section, the Director—
shall give preference to applications submitted by consortia of institutions, to encourage as many students and professionals as possible to benefit from the program established under this section; and
shall give preference to any application submitted by a consortium of institutions that includes at least one institution that is eligible to receive funds under title III or V of the Higher Education Act of 1965.
Institution of higher education defined— In this section the term “institution of higher education” has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Authorization of appropriations— There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for each of fiscal years 2022 and 2023.
Sec. 51234 E-Security Fellows Program
Establishment of program— Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end the following:
“230C. E-Security Fellows Program
“(a) Establishment
“(1) In general—The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familiar with the Department’s stated cybersecurity missions and capabilities, including but not limited to—
“(A) enhancing Federal, State, local, and tribal government cybersecurity;
“(B) developing partnerships with other Federal agencies, State, local, and tribal governments, and the private sector;
“(C) improving and enhancing public/private information sharing involving cyber attacks, threats, and vulnerabilities;
“(D) providing and coordinating incident response and recovery planning efforts; and
“(E) fostering training and certification.
“(2) Program name—The program under this section shall be known as the E-Security Fellows Program.
“(b) Eligibility—In order to be eligible for selection as a fellow under the program, an individual must—
“(1) have cybersecurity-related responsibilities; and
“(2) be eligible to possess an appropriate national security clearance.
“(c) Limitations—The Secretary—
“(1) may conduct up to 2 iterations of the program each year, each of which shall be 180 days in duration; and
“(2) shall ensure that the number of fellows selected for each iteration does not impede the activities of the Division.
“(d) Condition—As a condition of selecting an individual as a fellow under the program, the Secretary shall require that the individual’s employer agree to continue to pay the individual’s salary and benefits during the period of the fellowship.
“(e) Stipend—During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations, provide to the individual a stipend to cover the individual’s reasonable living expenses during the period of the fellowship.”
Clerical amendment— The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following:
4 Research
Sec. 51241 National Science Foundation study on science and technology student retention
Study— The National Science Foundation shall conduct a study on the causes of the high dropout rates of women and minority students enrolled in programs of education leading to degrees in science, technology, engineering, and mathematics and the effects of such dropout rates on the cost of education for such students and the shortage of workers qualified for jobs in science and technology.
Report— Not later than 180 days after the date of the enactment of this Act, the National Science Foundation shall submit to Congress a report on the study conducted under subsection (a) together with any recommendations of the National Science Foundation.
Sec. 51242 Challenge Grants
In general— The Secretary of Homeland Security shall make grants to the Center of Distinction for Academic Computing and Information Security Assurance, which shall be known as “Challenge Grants”. The recipient of a grant under this section shall use the grant to form a partnership with section 230A of the Homeland Security Act of 2002, as added by section 51211 to assist in improving the computing programs of such colleges and universities and meeting the requirements to become a Center of Distinction for Academic Computing and Information Security. The Secretary shall ensure that the institutions that receive assistance under this subsection are the institutions as defined under section 371 of the Higher Education Act of 1965 (20 U.S.C. 1067q).
Report— The Secretary shall submit to Congress a report on the outcomes of the partnerships funded by grants under this section and shall include in such report the recommendations of the Secretary regarding improving the access of the population served by the institutions of higher education described in subsection (a).
Sec. 51243 E-Security Fellows Program
Establishment of program— Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the end the following:
“230D. E-Security Fellows Program
“(a) Establishment
“(1) In general—The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familiar with the Department’s stated cybersecurity missions and capabilities, including but not limited to—
“(A) developing partnerships with other Federal agencies, State, local, and tribal governments, and the private sector; and
“(B) fostering training and certification.
“(2) Program name—The program under this section shall be known as the “E-Security Fellows Program”.
“(b) Eligibility—In order to be eligible for selection as a fellow under the program, an individual must—
“(1) have computer and information security-related responsibilities; and
“(2) be eligible to possess an appropriate national security clearance.
“(c) Limitations—The Secretary—
“(1) may conduct up to 2 iterations of the program each year, each of which shall be 180 days in duration; and
“(2) shall ensure that the number of fellows selected for each iteration does not impede the activities of the Division.
“(d) Condition—As a condition of selecting an individual as a fellow under the program, the Secretary shall require that the individual’s employer agree to continue to pay the individual’s salary and benefits during the period of the fellowship.
“(e) Stipend—During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations, provide to the individual a stipend to cover the individual’s reasonable living expenses during the period of the fellowship.”
Clerical amendment— The table of contents in section 1(b) of such Act is further amended by adding at the end of the items relating to such subtitle the following:
L College Student Hunger
Sec. 51301 Short title
This subtitle may be cited as the “College Student Hunger Act of 2020”.
Sec. 51302 Eligibility of students to participate in the supplemental nutrition assistance program
Definition of household— Section 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)) is amended—
in paragraph (4), by inserting “, except with respect to the individuals described in paragraph (5)(F),” before “constitute”; and
in paragraph (5), by adding at the end the following:
“(F) Students that are enrolled in and are residents of an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) and are eligible to participate in the supplemental nutrition assistance program under paragraphs (1) through (11) of section 6(e).”
Eligibility of students— Section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended—
in paragraph (4), by striking “20” and inserting “10”;
in paragraph (7), by striking “or” at the end;
in paragraph (8), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(9) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a);
“(10) has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.); or
“(11) is independent (as the term is defined under subparagraph (B), (C), (D), (G), or (H) of section 480(d)(1) of the Higher Education Act (20 U.S.C. 1087vv(d)(1))).”
Sec. 51303 Eligibility notification for students
Not later than 1 year after the effective date under section 51307, the Secretary of Education, in consultation with the Secretary of Agriculture, shall—
notify each student who completes the Free Application for Federal Student Aid and is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) or has an expected family contribution equal to zero, as determined by the procedures established in part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.), that the student may be eligible for the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
direct each student notified under paragraph (1) to the appropriate State resource to apply for benefits under that program.
Sec. 51304 Communication of information on student eligibility for the supplemental nutrition assistance program
Definitions— In this section:
College student— The term “college student” means a student enrolled in an institution of higher education.
Inspector General— The term “Inspector General” means the Inspector General of the Department of Agriculture.
Institution of higher education— The term “institution of higher education” has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Program— The term “program” means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
Secretary— The term “Secretary” means the Secretary of Agriculture.
Audit—
In general— Not later than 90 days after the effective date under section 51307, the Inspector General shall conduct an audit of the operations of the Food and Nutrition Service to examine the procedures and outreach practices used by the Food and Nutrition Service to provide to State agencies information about the eligibility of students at institutions of higher education for participation in the program.
Report to Congress— Not later than 90 days after completing the audit under paragraph (1), the Inspector General shall submit to Congress a report describing the results of the audit.
Strategies report— Not later than 90 days after the Inspector General submits to Congress a report under subsection (b)(2), the Secretary shall submit to Congress a report that describes the strategy to be used by the Food and Nutrition Service—
to increase the awareness of State agencies and institutions of higher education about—
college student hunger;
the eligibility of college students for the program; and
the procedures and resources available to college students who are participating in the program to access benefits under the program;
to identify existing or potential barriers and mitigation strategies with respect to those barriers; and
to update the strategic communications plan under subsection (d).
Updated State Outreach Plan Guidance— Not later than 90 days after the Inspector General submits to Congress a report under subsection (b)(2), the Secretary shall publish an updated State Outreach Plan Guidance that—
describes existing data on college student hunger;
describes the manner in which college students can access the supplemental nutrition assistance program;
recommends outreach activities to address college student hunger and encourages States to conduct those and other outreach activities;
provides a template for a State to submit information to the Secretary describing the outreach activities being carried out by the State to address college student hunger; and
contains updated guidance based on the results of the audit conducted under subsection (b)(1) and the contents of the report submitted under subsection (c).
Sec. 51305 Demonstration pilot program
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following:
“31. College student hunger pilot program
“(a) Definitions—In this section:
“(1) College student—The term “college student” means a student enrolled in an institution of higher education.
“(2) Institution of higher education—The term “institution of higher education” has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
“(3) Pilot program—The term “pilot program” means the pilot program established under subsection (b).
“(b) Pilot program—The Secretary, in collaboration with the Secretary of Education, shall establish a pilot program under which the Secretary shall carry out demonstration projects in accordance with subsection (c)—
“(1) to decrease student hunger at institutions of higher education; and
“(2) to reduce barriers to college students fully utilizing supplemental nutrition assistance program benefits at institutions of higher education.
“(c) Demonstration projects—To carry out the pilot program, the Secretary shall carry out demonstration projects that test the following new supplemental nutrition assistance program delivery methods:
“(1) Allowing a college student receiving supplemental nutrition assistance program benefits to use those benefits or the cash value of those benefits—
“(A) to purchase prepared foods from a campus dining hall, on-campus store, or other on-campus merchant or provider that typically sells prepared meals and is affiliated with the institution of higher education at which the student is enrolled; and
“(B) to pay the institution of higher education the cost of an on-campus college meal plan, in whole or in part.
“(2) Allowing a college student to use an EBT card or a campus-specific card at any of the locations described in paragraph (1)(A).
“(d) Project limit
“(1) In general—The Secretary shall carry out not more than 10 demonstration projects under the pilot program simultaneously.
“(2) Institutions—The Secretary shall carry out not more than 1 demonstration project under the pilot program at any single institution of higher education.
“(e) Project administration—The Secretary shall establish criteria and parameters for selecting, operating, monitoring, and terminating each demonstration project under the pilot program.
“(f) Project termination—To the maximum extent practicable, the Secretary shall ensure that the termination of a demonstration project under the pilot program shall not cause sudden adverse changes or the elimination of benefits under the supplemental nutrition assistance program for students participating in the demonstration project.
“(g) Program termination—The pilot program shall terminate on the date that is 10 years after the date on which the pilot program is established.
“(h) Evaluation—For the duration of the pilot program, the Secretary shall, in collaboration with the Under Secretary for Research, Education, and Economics and the Director of the Institute of Education Sciences, conduct an annual evaluation of each demonstration project carried out under the pilot program during the year covered by the evaluation, including an analysis of the extent to which the project is meeting the desired outcomes.
“(i) Report—For the duration of the pilot program, the Secretary shall submit to the Committees on Agriculture, Nutrition, and Forestry and Health, Education, Labor, and Pensions of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives an annual report that includes—
“(1) a description of each demonstration project carried out under the pilot program during the year covered by the report;
“(2) the evaluation conducted under subsection (h); and
“(3) recommendations for legislation to improve the supplemental nutrition assistance program to better serve college students.
“(j) Waiver and modification authority
“(1) In general—Subject to paragraph (2), the Secretary may, as may be necessary solely to carry out the pilot program—
“(A) waive any provision under this Act, including—
“(i) the requirement relating to local sales tax under section 4(a);
“(ii) requirements relating to the issuance and use of supplemental nutrition assistance program benefits under section 7; and
“(iii) requirements for approval of retail food stores under section 9; and
“(B) modify the definitions under this Act for the purposes of the pilot program, including the definition of—
“(i) the term “food” under section 3(k);
“(ii) the term “household” under section 3(m); and
“(iii) the term “retail food store” under section 3(o).
“(2) Limitation—The Secretary may not waive a provision or modify a definition under paragraph (1) if the waiver or modification will—
“(A) cause increased difficulty for any household to apply for or access supplemental nutrition assistance program benefits; or
“(B) reduce the value of those benefits for any household.
“(k) Authorization of appropriations—There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.”
Sec. 51306 Effective date
This subtitle and the amendments made by this subtitle shall take effect on the first day of the fiscal year that begins after the date of enactment of this Act.
M CAMPUS HATE Crimes
Sec. 51401 Short title
This subtitle may be cited as the “Creating Accountability Measures Protecting University Students Historically Abused, Threatened, and Exposed to Crimes Act” or the “CAMPUS HATE Crimes Act”.
Sec. 51402 Findings
Congress finds the following:
The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, known as hate crimes or crimes motivated by bias, poses a serious national problem.
Such violence motivated by hatred and bigotry endangers our citizens and disrupts the communities they live in, by tearing at the fabric of our Nation and our constitutional aspiration to create a stronger, more perfect union.
According to data obtained by the Southern Poverty Law Center, schools were a particularly common location for hate crimes to occur—including 150 incidents on college campuses in 33 States since November.
This level of violence demonstrates an unprecedented escalation in race and hate-based crime being committed on college campuses compared to recent years.
Hate groups have openly declared their efforts to establish a physical presence on college campuses and have specifically targeted young individuals and students for their messaging. Such efforts include placing fliers around campus, online organizing, and bringing national leaders to speak.
College campuses have become the ideal location for hate group activity because they traditionally embrace diversity, tolerance, and social justice and strive for equality and have created safe spaces for students of every gender and identity.
These are soft targets for such groups, because students are more curious and receptive to new, even radical, ideas than older individuals.
The Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act have enabled Federal authorities to understand, report, and where appropriate, investigate and prosecute hate crimes committed within the jurisdiction of an institution of higher education.
However, an enduring effort cannot be made to address the national problem posed by hate crimes if many of our institutions of higher education fail to properly evaluate, prepare, and implement an effective strategy to prevent and respond to such crimes.
The annual dissemination of relevant information to students and faculty regarding the institution's campus safety apparatus will provide for a more transparent and informed campus community on the infrastructure and process in place, and the assistance services available.
Federal financial assistance with regard to providing training, technical assistance, evaluation, and other associated services will allow school security and administration to understand the unique needs for the campus and the assistance to implement the proper safety plan to address those needs.
Amending the Program Participation Agreement between an institution of higher education and the Department of Education to include hate crime programs provides substantial assurance that campus climate and safety will become an increasing priority and focal point to the higher education community.
Modifying the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act will enable campus security and local law enforcement to more efficiently collaborate in detailing and recording information on crimes, including violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim.
The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions.
Sec. 51403 Hate crime prevention and response
Part B of title I of the Higher Education Act of 1965 is amended by adding at the end the following:
“124. Hate crime prevention and response
“(a) Restriction on eligibility—Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any program under title IV, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent and adequately respond to hate crimes within the jurisdiction of the institution or by students and employees that, at a minimum, includes—
“(1) the annual distribution to each student and employee of—
“(A) standards of conduct and the applicable sanctions that clearly prohibit, at a minimum, the acts or threats of violence, property damage, harassment, intimidation, or other crimes that specifically target an individual based on their race, religion, ethnicity, handicap, sexual orientation, gender, or gender identification by students and employees on the institution’s property or as a part of any of the institution’s activities;
“(B) a clear definition of what constitutes a hate crime or hate incident under Federal and State law or other applicable authority;
“(C) a description of the applicable legal sanctions under local, State, or Federal law for perpetrating a hate crime;
“(D) a description of any counseling, medical treatment, or rehabilitation programs that are available to students or employees that are victims of hate crimes or other hate-based incidences;
“(E) a description of applicable services for students to be able to switch dorms, classes, or make other arrangements should they feel unsafe in those spaces due to a hate crime which affects such space; and
“(F) a distinct statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A); and
“(2) a quadrennial review by the institution of the institution’s program to—
“(A) determine the program’s effectiveness and implement changes to the program if the changes are needed;
“(B) determine the number of hate crimes and fatalities that—
“(i) occur on the institution’s campus (as defined in section 485(f)(6)), or as part of any of the institution’s activities; and
“(ii) are reported to campus officials or nonaffiliated local law enforcement agencies with jurisdiction over the incident;
“(C) determine the number, type, and severity of sanctions described in paragraph (1)(F) that are imposed by the institution as a result of hate crimes and fatalities on the institution’s campus or as part of any of the institution’s activities; and
“(D) ensure that sanctions required by paragraph (1)(F) are consistently enforced.
“(b) Information availability—Each institution of higher education that provides the certification required by subsection (a) shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2).
“(1) Regulations
“(A) In general—The Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for—
“(i) the periodic review of a representative sample of programs required by subsection (a); and
“(ii) a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions, including information and technical assistance, the development of a compliance agreement, and the termination of any form of Federal financial assistance.
“(B) Inclusivity program—The sanctions required by subsection (a)(1)(F) that are imposed by the institution of higher education, may include an inclusivity program as an explicit condition of remaining enrolled at the institution of higher education, that the defendant successfully undertake educational classes or community service directly related to the community harmed by the respondent’s offense.
“(2) Appeals—Upon determination by the Secretary to terminate financial assistance to any institution of higher education under this section, the institution may file an appeal with an administrative law judge before the expiration of the 30-day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such termination of assistance before the expiration of the 45-day period beginning on the date that such appeal is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action.
“(3) Hate crime prevention and response grants
“(A) Program authority—The Secretary may make grants to institutions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, and education to reduce and eliminate hate crimes. Such grants or contracts may also be used for the support of a higher education center for hate crime prevention and response that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.
“(B) Awards—Grants and contracts shall be awarded under subparagraph (A) on a by needs basis.
“(C) Applications—An institution of higher education or a consortium of such institutions that desires to receive a grant or contract under paragraph (A) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation.
“(D) Additional requirements
“(i) Participation—In awarding grants and contracts under this subsection the Secretary shall make every effort to ensure—
“(I) the equitable participation of private and public institutions of higher education (including community and junior colleges); and
“(II) the equitable geographic participation of such institutions.
“(ii) Consideration—In awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment.
“(E) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2020 and each of the 5 succeeding fiscal years.
“(4) Definition—The term “hate crime” means any criminal offense perpetrated against a person or property that was motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.”
Sec. 51404 Clery Act amendments
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended—
in paragraph (1)—
in subparagraph (C)—
by striking “and” at the end of clause (ii);
in clause (iii)—
by striking “encourage” and inserting “require”;
by inserting “, including hate crimes,” after “all crimes”; and
by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(i) policies encourage officer development training to specifically recognize, prevent, and respond to hate crimes.”
by adding at the end the following:
“(K) A statement of policy regarding hate-based crimes and the enforcement of Federal and State hate crime laws and a description of any hate crime prevention and response programs required under section 124.”
in paragraph (6)(A), by adding at the end the following:
“(vi) The term “hate crime” has the meaning given the term in section 124(b)(4).”
Sec. 51405 Program participation agreements
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
“(30) The institution will have hate crime prevention and response programs that the institution has determined to be accessible to any officer, employee, or student at the institution and which meets the requirements of section 124.”
Sec. 51406 Accrediting agency recognition
Section 496(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)(5)) is amended—
in subparagraph (I), by striking “and” at the end;
in subparagraph (J), by inserting “and” after the semicolon; and
by inserting after subparagraph (J) and before the flush text, the following:
“(K) safety objectives with respect to hate crimes (defined in section 124(b)(4)) and the established measures and policies to combat such crimes;”
N HBCU Capital Financing Improvement
Sec. 51501 Short title
This subtitle may be cited as the “HBCU Capital Financing Improvement Act”.
Sec. 51502 Bond insurance
Section 343 of the Higher Education Act of 1965 (20 U.S.C. 1066b) is amended—
by striking “escrow account” each place it appears and inserting “bond insurance fund”; and
in subsection (b)—
in paragraph (1), by striking “an” and inserting “a”; and
in paragraph (8), in the matter preceding subparagraph (A), by striking “an” and inserting “a”.
Sec. 51503 Strengthening technical assistance
Paragraph (9) of section 345 of the Higher Education Act of 1965 (20 U.S.C. 1066d) is amended to read as follows:
“(9) may, directly or by grant or contract, provide financial counseling and technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part; and”
Sec. 51504 HBCU Capital Financing Advisory Board
Paragraph (2) of section 347(c) of the Higher Education Act of 1965 (20 U.S.C. 1066f(c)) is amended to read as follows:
“(2) Report—On an annual basis, the Advisory Board shall prepare and submit to the authorizing committees a report on the status of the historically Black colleges and universities described in paragraph (1)(A). That report shall also include—
“(A) an overview of all loans in the capital financing program, including the most recent loans awarded in the fiscal year in which the report is submitted; and
“(B) administrative and legislative recommendations, as needed, for addressing the issues related to construction financing facing historically Black colleges and universities.”
O Transition-to-Success Mentoring
Sec. 51601 Short title
This subtitle may be cited as the “Transition-to-Success Mentoring Act”.
Sec. 51602 Transition-to-Success Mentoring Program
Authorization of Appropriations— Section 1002(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6553) is amended to read as follows:
“(d) Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk—There are authorized to be appropriated to carry out the activities described in part D, $50,000,000 for fiscal year 2021 and such sums as may be necessary for each succeeding fiscal year.”
Transition-to-Success Mentoring Program— Part D of title I of such Act (20 U.S.C. 6421 et seq.) is amended by adding at the end the following:
“4 Transition-to-Success Mentoring Program
“1441. Transition-to-Success Mentoring Program
“(a) In general—From the amounts appropriated to carry out this section, the Secretary shall award grants to eligible entities to establish, expand, or support school-based mentoring programs to assist eligible students with the transition from middle school to high school.
“(b) Application—To receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
“(c) Uses of funds
“(1) Required uses of funds—An eligible entity that receives a grant under this section shall use the grant funds to establish a mentoring program, or to expand or provide technical support to an existing mentoring program, in all middle schools served by the entity, under which each eligible student is assigned to a success coach who—
“(A) creates a plan for success for the student that—
“(i) is created with the student, teachers, mentor, and parents of the student;
“(ii) includes, for each academic year, the student’s academic, personal, college, and career exploration goals, and a strategy on how to accomplish such goals;
“(iii) identifies the student’s strengths, weaknesses, and academic progress; and
“(iv) includes a plan to educate and support the student’s college or career exploration goals;
“(B) enters into a signed, written agreement with the parents of the student that describes how the parents should assist the student in carrying out the plan for success;
“(C) meets with the student at least once per month to—
“(i) assist the student in achieving the goals under the plan for success;
“(ii) identify the student’s academic areas of weaknesses;
“(iii) provide the student with the tools necessary to improve the student’s potential for academic excellence, and ensure the student’s successful transition from middle school to high school by identifying improved attitude, behavior, coursework, and social involvement; and
“(iv) in the case of a student with behavioral issues, assist the student in behavior management techniques;
“(D) at least monthly, meets with the student and the parents, teachers, or counselors of the student to—
“(i) evaluate the student’s progress in achieving the goals under the plan for the current academic year; and
“(ii) revise or establish new goals for the next academic year;
“(E) serves as the student’s advocate between the teachers and parents of the student to ensure that the teachers and parents understand the student’s plan; and
“(F) serves as the student’s advocate in exploring higher education and career opportunities.
“(2) Authorized uses of funds—An eligible entity that receives a grant under this section may use such funds to—
“(A) develop and carry out a training program for success coaches, including providing support to match success coaches with eligible students;
“(B) cover the cost of any materials used by success coaches under the mentoring program; and
“(C) hire staff to perform or support the program objectives.
“(d) Grant Duration—A grant under this section shall be awarded for a period of not more than 5 years.
“(e) Reporting requirements
“(1) Eligible entities—An eligible entity receiving a grant under this section shall submit to the Secretary, at the end of each academic year during the grant period, a report that includes—
“(A) the number of students who participated in the school-based mentoring program that was funded in whole or in part with the grant funds under this section;
“(B) data on the academic achievement of such students;
“(C) the number of contact hours between such students and their success coaches; and
“(D) any other information that the Secretary may require to evaluate the success of the school-based mentoring program.
“(2) Secretary
“(A) Interim report—At the end of the third fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress an interim report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1).
“(B) Final report—At the end of the fifth fiscal year for which funds are made available to carry out this section, the Secretary shall submit to Congress a final report on the success of the school-based mentoring programs funded under this section that includes the information received under paragraph (1).
“(f) Definitions—In this section:
“(1) At-risk student—The term at-risk student means a student who has been identified as a student who has below a 2.0 grade point average or the equivalent or who has been determined by parents, teachers, or other school officials to—
“(A) be at-risk of academic failure;
“(B) have expressed interest in dropping out of school;
“(C) show signs of a drug or alcohol problem;
“(D) be pregnant or a parent;
“(E) have come into contact with the juvenile justice system in the past;
“(F) have limited English proficiency;
“(G) be a gang member; or
“(H) have a high absenteeism rate at school.
“(2) Eligible entity—The term eligible entity means—
“(A) a local educational agency that—
“(i) receives, or is eligible to receive, funds under part A of this title; or
“(ii) is a high-need local educational agency; or
“(B) a partnership between a local educational agency described in subparagraph (A) and a nonprofit, community-based organization.
“(3) Eligible student—The term eligible student means a student who—
“(A) is enrolled in a middle school served by an eligible entity; and
“(B) is an at-risk student.
“(4) High-need local educational agency—The term high-need local educational agency means a local educational agency that serves at least one high-need school.
“(5) High-need school—The term high-need school has the meaning given the term in section 2211(b)(2).
“(6) Middle school—The term middle school means a nonprofit institutional day or residential school, including a public charter school, that provides middle school education, as determined under State law, except that the term does not include any education below grade 6 or beyond grade 9.
“(7) School-based mentoring—The term school-based mentoring refers to mentoring activities that—
“(A) are closely coordinated with a school by involving teachers, counselors, and other school staff who may identify and refer students for mentoring services; and
“(B) assist at-risk students in improving academic achievement, reducing disciplinary referrals, and increasing positive regard for school.
“(8) Success coach—The term success coach means an individual who—
“(A) is—
“(i) an employee or volunteer of a local educational agency in which a mentoring program receiving support under this section is being carried out; or
“(ii) a volunteer or employee from a nonprofit, community-based organization that provides volunteers for mentoring programs in secondary schools; and
“(B) prior to becoming a success coach—
“(i) received training and support in mentoring from an eligible entity, which, at a minimum, was 2 hours in length and covered the roles and responsibilities of a success coach; and
“(ii) underwent a screening by an eligible entity that included—
“(I) appropriate job reference checks;
“(II) child and domestic abuse record checks; and
“(III) criminal background checks.”
Sec. 51603 Table of contents
The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 1432 the following:
P Equity and Inclusion Enforcement
Sec. 51701 Short title
This subtitle may be cited as the “Equity and Inclusion Enforcement Act”.
Sec. 51702 Restoration of right to civil action in disparate impact cases under title VI of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by adding at the end the following:
“607.
“The violation of any regulation relating to disparate impact issued under section 602 shall give rise to a private civil cause of action for its enforcement to the same extent as does an intentional violation of the prohibition of section 601.”
Sec. 51703 Designation of monitors under title VI of the Civil Rights Act of 1964
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is further amended by adding at the end the following:
“608.
“(a) Each recipient shall—
“(1) designate at least one employee to coordinate its efforts to comply with requirements adopted pursuant to section 602 and carry out the responsibilities of the recipient under this title, including any investigation of any complaint alleging the noncompliance of the recipient with such requirements or alleging any actions prohibited under this title; and
“(2) notify its students and employees of the name, office address, and telephone number of each employee designated under paragraph (1).
“(b) In this section, the term recipient means a recipient referred to in section 602 that operates an education program or activity receiving Federal financial assistance authorized or extended by the Secretary of Education.”
Sec. 51704 Special assistant for equity and inclusion
Section 202(b) of the Department of Education Organization Act (20 U.S.C. 3412(b)) is amended—
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3), the following:
“(4) There shall be in the Department, a Special Assistant for Equity and Inclusion who shall be appointed by the Secretary. The Special Assistant shall promote, coordinate, and evaluate equity and inclusion programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special Assistant shall advise the Secretary and Deputy Secretary on all matters relating to equity and inclusion in a manner consistent with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).”
Q Pell Grant Preservation and Expansion
Sec. 51801 Short title
This subtitle may be cited as the “Pell Grant Preservation and Expansion Act”.
Sec. 51802 Findings
Congress finds the following:
The United States needs individuals with the knowledge, skills, and abilities that enable them to thrive as educated citizens in society and successfully participate in an interconnected economy.
Investments in higher education through student aid such as the Federal Pell Grant program under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) help students and families reach, afford, and complete education and training opportunities beyond high school.
The Federal Pell Grant program is the largest source of federally funded grant aid for postsecondary education.
The Federal Pell Grant program allows millions of people of the United States to attend college and is especially vital to students of color. Three in 5 African American undergraduate students, and one-half of all Latino undergraduate students, rely on the Federal Pell Grant program.
The Federal Pell Grant program should continue to be a reliable source of funding for aspiring students, their families, and future generations that they can count on to be there for them when they seek higher education.
To stabilize Federal Pell Grant funding and ensure the grant will continue to serve millions of students now and in the future, the program should become a fully mandatory program that grows with inflation.
Protecting surplus funds, restoring prior eligibility cuts, and expanding access to underserved students will give millions of students and families the critical student aid support they need and deserve.
Sec. 51803 References
Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
Sec. 51804 Funding Federal Pell Grants through mandatory funding
Mandatory funding; reinstating eligibility for incarcerated individuals— Section 401 (20 U.S.C. 1070a) is amended—
in subsection (a)(1), by striking “through fiscal year 2022”;
in subsection (b)—
by striking paragraphs (1), (6), and (7);
by redesignating paragraph (8) as paragraph (7);
by striking subparagraph (A) of paragraph (2);
by redesignating subparagraph (B) of paragraph (2) as paragraph (2);
by inserting before paragraph (2) (as redesignated by subparagraph (D)) the following:
“(1) Amount—The amount of the Federal Pell Grant for a student eligible under this subpart shall be—
“(A) the maximum Federal Pell Grant described in paragraph (6); less
“(B) the amount equal to the amount determined to be the expected family contribution with respect to such student for such year.”
in paragraph (4), by striking “maximum amount of a Federal Pell Grant award determined under paragraph (2)(A)” and inserting “maximum Federal Pell Grant described in paragraph (6)”;
in paragraph (5), by striking “maximum amount of a Federal Pell Grant award determined under paragraph (2)(A)” and inserting “maximum amount of a Federal Pell Grant award described in paragraph (6)”;
by inserting after paragraph (5) the following:
“(6) Maximum Federal Pell Grant
“(A) Award year 2021–2022—For award year 2021–2022, the maximum Federal Pell Grant shall be $6,420.
“(B) Subsequent award years—For award year 2021–2022 and each subsequent award year, the maximum Federal Pell Grant shall be equal to the total maximum Federal Pell Grant for the preceding award year under this paragraph—
“(i) increased by the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and
“(ii) rounded to the nearest $5.
“(C) Definition of annual adjustment percentage—In this paragraph, the term annual adjustment percentage, as applied to an award year, is equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year.”
in paragraph (7), as redesignated by subparagraph (B), by striking “may exceed” and all that follows through the period and inserting “may exceed the maximum Federal Pell Grant available for an award year.”;
in subsection (f)—
in paragraph (1), by striking the matter preceding subparagraph (A) and inserting the following: “After receiving an application for a Federal Pell Grant under this subpart, the Secretary (including any contractor of the Secretary processing applications for Federal Pell Grants under this subpart) shall, in a timely manner, furnish to the student financial aid administrator at each institution of higher education that a student awarded a Federal Pell Grant under this subpart is attending, the expected family contribution for each such student. Each such student financial administrator shall— ”; and
in paragraph (3)—
by striking “after academic year 1986–1987”; and
in paragraph (3), by striking “the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and”;
by striking subsections (g) and (h);
by redesignating subsections (i) and (j) as subsections (g) and (h), respectively; and
by adding at the end the following:
“(k) Appropriation of funds—There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2022 and each subsequent fiscal year to provide the maximum Federal Pell Grant for which a student shall be eligible under this section during an award year.”
Repeal of scoring requirement— Section 406 of H. Con. Res. 95 (109th Congress) is amended—
by striking subsection (b); and
by striking “(a) In general.—Upon” and inserting the following: “Upon”.
Sec. 51805 Restoring Federal Pell Grant eligibility for borrower defense
Section 401(c)(5) (20 U.S.C. 1070a(c)(5)) is amended—
by striking “(5) The period” and inserting the following:
“(A) In general—Except as provided in subparagraph (B), the period”
by adding at the end the following:
“(B) Exception
“(i) In general—Any Federal Pell Grant that a student received during a period described in subclause (I) or (II) of clause (ii) shall not count towards the student’s duration limits under this paragraph.
“(ii) Applicable periods—Clause (i) shall apply with respect to any Federal Pell Grant awarded to a student to attend an institution—
“(I) during a period—
“(aa) for which the student received a loan under this title; and
“(bb) for which the loan described in item (aa) is forgiven under—
“(AA) section 437(c)(1) or 464(g)(1) due to the closing of the institution;
“(BB) section 455(h) due to the student’s successful assertion of a defense to repayment of the loan; or
“(CC) section 432(a)(6), section 685.215 of title 34, Code of Federal Regulations (or a successor regulation), or any other loan forgiveness provision or regulation under this Act, as a result of a determination by the Secretary or a court that the institution committed fraud or other misconduct; or
“(II) during a period for which the student did not receive a loan under this title but for which, if the student had received such a loan, the student would have qualified for loan forgiveness under subclause (I)(bb).”
Sec. 51806 Federal Pell Grant eligibility for DREAMer students
Section 484 (20 U.S.C. 1091) is amended—
in subsection (a)(5), by inserting “, or be a Dreamer student, as defined in subsection (u)” after “becoming a citizen or permanent resident”; and
by adding at the end the following:
“(u) Dreamer students
“(1) In general—In this section, the term Dreamer student means an individual who—
“(A) was younger than 16 years of age on the date on which the individual initially entered the United States;
“(B) has provided a list of each secondary school that the student attended in the United States; and
“(C)
“(i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins;
“(ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period;
“(iii) at any time was eligible for a grant of deferred action under—
“(I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”; or
“(II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents”; or
“(iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge.
“(2) Hardship exception—The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual—
“(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and
“(B) satisfies the requirement of paragraph (1)(C).”
Sec. 51807 Repeal of suspension of eligibility under the Higher Education Act of 1965 for grants, loans, and work assistance for drug-related offenses
Repeal— Subsection (r) of section 484 (20 U.S.C. 1091(r)) is repealed.
Revision of FAFSA form— Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:
“(i) Convictions—The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)).”
in section 428(b)(3) (20 U.S.C. 1078(b)(3))—
in subparagraph (C), by striking “485(l)” and inserting “485(k)”; and
in subparagraph (D), by striking “485(l)” and inserting “485(k)”;
in section 435(d)(5) (20 U.S.C. 1085(d)(5))—
in subparagraph (E), by striking “485(l)” and inserting “485(k)”; and
in subparagraph (F), by striking “485(l)” and inserting “485(k)”;
in section 484 (20 U.S.C. 1091), as amended by section 51806, by redesignating subsections (s),(t), and (u) as subsections (r), (s), and (t), respectively;
in section 485 (20 U.S.C. 1092)—
by striking subsection (k); and
by redesignating subsections (l) and (m) as subsections (k) and (l), respectively; and
in section 487(e)(2)(B)(ii)(IV) (20 U.S.C. 1094(e)(2)(B)(ii)(IV)), by striking “(l) of section 485” and inserting “(k) of section 485”.
Sec. 51808 Extending Federal Pell Grant eligibility of certain short-term programs
In general— Section 401 (20 U.S.C. 1070a), as amended by section 51804, is further amended by inserting after subsection (h) the following:
“(i) Job training Federal Pell Grant program
“(1) Definitions—In this subsection:
“(A) Eligible career pathway program—The term eligible career pathway program means a program that—
“(i) meets the requirements of section 484(d)(2);
“(ii) is a program of training services listed under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); and
“(iii) is part of a career pathway, as defined in section 3 of such Act (29 U.S.C. 3102).
“(B) Job training program—The term job training program means a career and technical education program at an institution of higher education that—
“(i) provides not less than 150, and not more than 600, clock hours of instructional time over a period of not less than 8, and not more than 15, weeks;
“(ii) provides training aligned with the requirements of employers in the State or local area, which may include in-demand industry sectors or occupations, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), in the State or local area (as defined in such section);
“(iii) is a program of training services, and provided through an eligible provider of training services, listed under section 122(d) of such Act (29 U.S.C. 3152(d));
“(iv) provides a student, upon completion of the program, with a recognized postsecondary credential, as defined in section 3 of such Act, that is recognized by employers in the relevant industry, including credentials recognized by industry or sector partnerships in the State or local area where the industry is located;
“(v) has been determined, by the institution of higher education, to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to—
“(I) meet the hiring requirements of potential employers; and
“(II) satisfy any applicable educational prerequisite requirement for professional licensure or certification, so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination needed to practice or find employment in an occupation that the program prepares students to enter;
“(vi) may include integrated or basic skills courses; and
“(vii) may be offered as part of an eligible career pathway program.
“(2) In general—For the award year beginning on July 1, 2021, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award job training Federal Pell Grants to students in job training programs. Each job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as a Federal Pell Grant awarded under subsection (a), except as follows:
“(A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who—
“(i) has not yet attained a baccalaureate degree or postbaccalaureate degree;
“(ii) attends an institution of higher education;
“(iii) is enrolled, or accepted for enrollment, in a job training program at such institution of higher education; and
“(iv) meets all other eligibility requirements for a Federal Pell Grant (except with respect to the type of program of study, as provided in clause (iii)).
“(B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b)(1), except that—
“(i) the maximum Federal Pell Grant awarded under this subsection for an award year shall be 50 percent of the maximum Federal Pell Grant awarded under subsection (b)(5) applicable to that award year; and
“(ii) subsection (b)(4) shall not apply.
“(3) Inclusion in total eligibility period—Any period during which a student receives a job training Federal Pell Grant under this subsection shall be included in calculating the student's period of eligibility for Federal Pell Grants under subsection (c), and any regulations under such subsection regarding students who are enrolled in an undergraduate program on less than a full-time basis shall similarly apply to students who are enrolled in a job training program at an eligible institution on less than a full-time basis.”
in subparagraph (A), by striking “and” after the semicolon;
in subparagraph (B)(ii), by inserting “and” after the semicolon; and
by adding at the end the following:
“(C) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions of higher education participating in the job training Federal Pell Grant program under section 401(i), such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that, with respect to such job training programs—
“(i) the agency or association’s standards include a process for determining whether the program provides training aligned with the requirements of employers in the State or local area served by the program; and
“(ii) the agency or association requires a demonstration that the program—
“(I) has identified each recognized postsecondary credential offered and the corresponding industry or sector partnership that actively recognizes each credential in the relevant industry in the State or local area where the industry is located; and
“(II) provides the academic content and amount of instructional time that is sufficient to—
“(aa) meet the hiring requirements of potential employers; and
“(bb) satisfy any applicable educational prerequisites for professional licensure or certification requirements so that the student who completes the program and seeks employment qualifies to take any licensure or certification examination that is needed to practice or find employment in an occupation that the program prepares students to enter;”
Sec. 51809 Providing Federal Pell grants for Iraq and Afghanistan veteran's dependents
in section 401, as amended by section 51808, by inserting after subsection (i) the following:
“(j) Scholarships for veteran's dependents
“(1) Definition of eligible veteran's dependent—In this subsection, the term eligible veteran's dependent means a dependent or an independent student—
“(A) whose parent or guardian was a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; and
“(B) who, at the time of the parent or guardian's death, was—
“(i) less than 24 years of age; or
“(ii) enrolled at an institution of higher education on a part-time or full-time basis.
“(2) Grants
“(A) In general—The Secretary shall award a Federal Pell Grant, as modified in accordance with the requirements of this subsection, to each eligible veteran's dependent to assist in paying the eligible veteran's dependent's cost of attendance at an institution of higher education.
“(B) Designation—Federal Pell Grants made under this subsection may be known as “Iraq and Afghanistan Service Grants”.
“(3) Prevention of double benefits—No eligible veteran's dependent may receive a grant under both this subsection and subsection (a).
“(4) Terms and conditions—The Secretary shall award Iraq and Afghanistan Service Grants under this subsection in the same manner and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under subsection (a), except that—
“(A) the award rules and determination of need applicable to the calculation of Federal Pell Grants under subsection (a) shall not apply to Iraq and Afghanistan Service Grants;
“(B) the provisions of paragraph (1)(B) and (3) of subsection (b), and subsection (f), shall not apply;
“(C) the maximum period determined under subsection (c)(5) shall be determined by including all Iraq and Afghanistan Service Grants received by the eligible veteran's dependent, including such Grants received under subpart 10 before the effective date of this subsection; and
“(D) an Iraq and Afghanistan Service Grant to an eligible veteran's dependent for any award year shall equal the maximum Federal Pell Grant available under subsection (b)(5) for that award year, except that an Iraq and Afghanistan Service Grant—
“(i) shall not exceed the cost of attendance of the eligible veteran's dependent for that award year; and
“(ii) shall be adjusted to reflect the attendance by the eligible veteran's dependent on a less than full-time basis in the same manner as such adjustments are made for a Federal Pell Grant under subsection (a).
“(5) Estimated financial assistance—For purposes of determinations of need under part F, an Iraq and Afghanistan Service Grant shall not be treated as estimated financial assistance as described in sections 471(3) and 480(j).”
by striking subpart 10 of part A (20 U.S.C. 1070h).
Effective date; transition—
Effective date— The amendments made by this section shall take effect with respect to the award year immediately following the date of enactment of this Act.
Transition— The Secretary shall take such steps as are necessary to transition from the Iraq and Afghanistan Service Grants program under subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070h), as in effect on the day before the effective date of this section, and the Iraq and Afghanistan Service Grants program under section 401(j) of the Higher Education Act of 1965 (20 U.S.C. 1070a(j)), as amended by this section.
Sec. 51810 Increasing support for working students by 35 percent
Dependent students— Section 475(g)(2)(D) (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as follows:
“(D) an income protection allowance (or a successor amount prescribed by the Secretary under section 478) of $9,010 for academic year 2021–2022;”
Independent students without dependents other than a spouse— Section 476(b)(1)(A)(iv) (20 U.S.C. 1087pp(b)(1)(A)(iv)) is amended to read as follows:
“(iv) an income protection allowance (or a successor amount prescribed by the Secretary under section 478)—
“(I) for single or separated students, or married students where both are enrolled pursuant to subsection (a)(2), of $14,010 for academic year 2021–2022; and
“(II) for married students where one is enrolled pursuant to subsection (a)(2), of $22,460 for academic year 2021–2022;”
Independent students with dependents other than a spouse— Section 477(b)(4) (20 U.S.C. 1087qq(b)(4)) is amended to read as follows:
“(4) Income protection allowance—The income protection allowance is determined by the following table (or a successor table prescribed by the Secretary under section 478), for academic year 2021–2022:”
in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:
“(A) In general—For each academic year after academic year 2021–2022, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of sections 475(c)(4) and 477(b)(4), subject to subparagraphs (B) and (C).
“(B) Table for independent students—For each academic year after academic year 2021–2022, the Secretary shall develop the revised table of income protection allowances by increasing each of the dollar amounts contained in the table of income protection allowances under section 477(b)(4) by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary for the most recent calendar year ending prior to the beginning of the academic year for which the determination is being made), and rounding the result to the nearest $10.”
in paragraph (2), by striking “shall be developed” and all that follows through the period at the end and inserting “shall be developed for each academic year after academic year 2021–2022, by increasing each of the dollar amounts contained in such section for academic year 2021–2022 by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary for the most recent calendar year ending prior to the beginning of the academic year for which the determination is being made), and rounding the result to the nearest $10.”.
Sec. 51811 Increasing the Federal Pell Grant auto-zero threshold
Section 479(c) (20 U.S.C. 1087ss(c)) is amended—
in paragraph (1)(B), by striking “$23,000” and inserting “$34,000”;
in paragraph (2)(B), by striking “$23,000” and inserting “$34,000”; and
in the matter following paragraph (2)(B), by striking “adjusted according to increases in the Consumer Price Index, as defined in section 478(f)” and inserting “annually increased by the estimated percentage change in the Consumer Price Index, as defined in section 478(f), for the most recent calendar year ending prior to the beginning of an award year, and rounded to the nearest $1,000”.
Sec. 51812 Raising the total semesters of Federal Pell Grant eligibility
Section 401(c)(5)(A) (20 U.S.C. 1070a(c)(5)(A)), as amended by section 51805, is further amended by striking “12” each place the term appears and inserting “14”.
Sec. 51813 Conforming amendments
The Act (20 U.S.C. 1001 et seq.) is amended—
in section 401A(d)(1)(B)(i) (20 U.S.C. 1070a–1(d)(1)(B)(i)), by striking “section 401(b)(2)(B)” and inserting “section 401(b)(2)”;
in section 402D(d)(1) (20 U.S.C. 1070a–14(d)(1)), by striking “section 401(b)(2)(A)” and inserting “section 401(b)(1)”;
in section 420R(d)(2) (20 U.S.C. 1070h(d)(2)), by striking “subsection (b)(1), the matter following subsection (b)(2)(A)(v),”;
in section 435(a)(5)(A)(i)(I) (20 U.S.C. 1085(a)(5)(A)(i)(I)), by striking “under section 401(b)(2)(A)” and inserting “, as appropriate, under section 401(b)(2)(A) (as in effect on the day before the effective date of the Pell Grant Preservation and Expansion Act) or section 401(b)(1)”;
in section 483(e)(3)(A)(ii) (20 U.S.C. 1090(e)(3)(A)(ii)), by striking “section 401(b)(2)(A)” and inserting “section 401(b)(1)”;
in section 485E(b)(1)(A) (20 U.S.C. 1092f(b)(1)(A)), by striking “section 401(b)(2)(A)” and inserting “section 401(b)(1)”; and
in section 894(f)(2)(C)(ii)(I) (20 U.S.C. 1161y(f)(2)(C)(ii)(I)), by striking “section 401(b)(2)(A)” and inserting “section 401(b)(1)”.
Sec. 51814 Effective date
Except as otherwise provided, this subtitle, and the amendments made by this subtitle, shall take effect beginning on July 1, 2021, and shall apply to grant and award determinations made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) beginning with the 2021–2022 award year.
R Student Loan Debt Relief
Sec. 51901 Short title
This subtitle may be cited as the “Student Loan Debt Relief Act of 2020”.
Sec. 51902 Table of contents
The table of contents for this subtitle is as follows:
1 Loan Discharge and Forbearance
Sec. 51911 Loan discharge
In general— Subject to subsection (f), not later than the date that is 12 months after the date of enactment of this Act, the Secretary of Education shall discharge the qualified loan amount of each individual, without regard to the repayment status of the loan or whether the loan is in default.
Qualified loan amount—
In general— The qualified loan amount of an individual is an amount equal to the lesser of—
$50,000; and
the aggregate loan obligation on the eligible Federal loans of the taxpayer that is outstanding on the date of enactment of this Act or, in the case of such loans issued under section 460B of the Higher Education Act of 1965, as added by part 2 of this subtitle, on the date on which such loans are issued under such section 460B.
Limitation based on adjusted gross income— The amount discharged under subsection (a) with respect to an individual shall be reduced (but not below zero) by $1 for each $3 (or fraction thereof) by which the taxpayer’s adjusted gross income exceeds $100,000 (twice such amount in the case of a joint return) for the most recent taxable year ending before the date of the enactment of this Act.
Method of loan discharge—
In general— To provide the loan discharge required under subsection (a), the Secretary is authorized to carry out a program—
through the holder of the loan, to assume the obligation to repay the qualified loan amount for a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);
to cancel the qualified loan amount for a loan made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), or assigned, referred, or transferred to, or purchased by, the Secretary under such title IV (20 U.S.C. 1070 et seq.), including a Federal Direct Stafford Loan issued under section 460B of the Higher Education Act of 1965, as added by part 2 of this subtitle; and
through the institution of higher education that made the loan from its student loan fund established under part E of such title (20 U.S.C. 1087aa et seq.), to assume the obligation to repay the qualified loan amount for such loan.
Order of loan discharge— With respect to an individual with at least 2 eligible Federal loans, the Secretary shall discharge the loans of the individual as follows (except as otherwise indicated by the individual):
In the case in which the individual has loans with different rates of interest, the loans should be discharged in descending order by rate of interest.
In the case in which the individual has loans with the same rates of interest, the loans should be discharged in descending order by amount of outstanding principal.
Exclusion from taxable income— For purposes of the Internal Revenue Code of 1986, in the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any loan if such discharge was pursuant to this part.
Taxpayer information—
In general— The Secretary of the Treasury may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer who has received eligible Federal loans that are outstanding on the date described in subsection (b)(1)(B). Such return information shall be limited to—
taxpayer identity information with respect to such taxpayer;
the filing status of such taxpayer; and
the adjusted gross income of such taxpayer.
Restriction on use of disclosed information— Return information disclosed under paragraph (1) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, establishing the appropriate qualified loan amount of a taxpayer.
Long-Term settle and compromise discharge authority— Not later than the date that is 24 months after the date of enactment of this Act, the Secretary of Education may use the authority under sections 432(a)(6) and 468(2) of the Higher Education Act of 1965 (20 U.S.C. 1082(a)(6); 1087hh(2)) to discharge loans under this section beyond the period described in subsection (a) for—
an individual who, through an appeals process established by the Secretary, successfully appeals a loan discharge determination by the Secretary under this section;
an individual who, due to special circumstances, misses a deadline established by the Secretary in the administration of loan discharges under this section; or
an individual (or a group of individuals) who the Secretary determines should have received a loan discharge or a discharge amount that is different from the amount of loan discharge received under this section, except that a loan discharge amount received under this subsection may not exceed the qualified loan amount determined for the individual (or the group of individuals) under subsection (b).
Private student loan discharge— Not later than the date that is 3 months after the date of enactment of this Act, the Secretary of Education, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of private education loans—
that such borrowers may be eligible to refinance such private loans as Federal Direct Stafford Loans under section 460B of the Higher Education Act of 1965, as added by part 2 of this subtitle; and
such Federal Direct Stafford Loans may be eligible for loan discharge under this section.
Credit reporting— In the case of a borrower of an eligible Federal loan that was in default prior to being discharged under this section and on which, as a result of such loan discharge, there is no outstanding balance of principal or interest, the Secretary, guaranty agency or other holder of the loan shall request any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history.
Members of Congress— In this section, the terms individual and taxpayer do not include a Member of Congress.
Sec. 51912 Automatic administrative forbearance; halting of wage garnishment
During the period beginning on the date of enactment of this Act and ending on the date that is 12 months after such date of enactment, the Secretary of Education—
shall place each borrower of an eligible Federal loan with an outstanding balance, without any further action required by the borrower (except that the borrower may opt-out of this section), on an administrative forbearance during which periodic installments of principal need not be paid, and interest shall not accrue, on such loan; and
may not issue an order for wage garnishment or withholding under section 488A of the Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D of title 31, United States Code, initiate proceedings to collect debt through deductions from pay under such section 488A or 3720D, or enforce or otherwise require compliance with a wage garnishment or withholding order issued under such section 488A or 3720D before the date of enactment of this Act (which shall include staying any related proceedings).
Sec. 51913 Staying and prohibition on commencement of actions for collection
Until 12 months after the date of enactment of this Act, no eligible Federal loan may be referred to the Attorney General for any action seeking collection of any amount owed on that loan and any action pending as of the date of enactment of this Act shall be stayed.
Sec. 51914 Ineligibility for Treasury Offset
Until 12 months after the date of enactment of this Act, no claim pertaining to an eligible Federal loan may be certified under section 3716(c)(1) of title 31, United States Code.
2 Refinancing Programs
Sec. 51921 Refinancing programs
Program authority— Section 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended—
by striking “and (2)” and inserting “(2)”; and
by inserting “; and (3) to make loans under section 460A and section 460B” after “section 459A”.
Refinancing Program— Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following:
“460A. Refinancing FFEL and Federal Direct Loans
“(a) In general—Beginning not later than 12 months after the date of enactment of the Student Loan Debt Relief Act of 2020, the Secretary shall establish a program under which the Secretary automatically refinances loans made under this part in accordance with the provisions of this section, in order to lower the rate of interest on such loans.
“(b) Refinancing Direct Loans
“(1) Federal Direct Loans—With respect to each Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, and Federal Direct Consolidation Loan, for which the first disbursement was made to a borrower, or the application for the consolidation loan was received from a borrower, on or before the date of enactment of the Student Loan Debt Relief Act of 2020, the Secretary shall, without any further action by the borrower (other than under subparagraph (C))—
“(A) discharge the liability on such Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Consolidation Loan;
“(B) issue to the borrower a new Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Consolidation Loan, respectively—
“(i) in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the loan for which the liability is being discharged under subparagraph (A); and
“(ii) which has the same terms and conditions as the original loan, except that the rate of interest shall be determined under subsection (c); and
“(C) provide the borrower an opportunity to opt-out of the refinancing under this paragraph.
“(2) Refinancing FFEL program loans as refinanced Federal Direct Loans
“(A) In general—With respect to each loan that was made, insured, or guaranteed under part B and for which the first disbursement was made to a borrower, or the application for the consolidation loan was received from a borrower, before July 1, 2010, the Secretary shall, without any further action by the borrower (other than to provide the borrower an opportunity to opt-out of the refinancing under this paragraph), issue to the borrower a loan made under this part—
“(i) in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the loan selected to be so refinanced;
“(ii) the proceeds of which shall be paid to the holder of the loan selected to be so refinanced to discharge the liability on such loan; and
“(iii) which has a rate of interest determined under subsection (c).
“(B) Designation of loans—A loan issued under this section the proceeds of which is discharging the liability on a loan made, insured, or guaranteed—
“(i) under section 428 shall be a Federal Direct Stafford Loan;
“(ii) under section 428B shall be a Federal Direct PLUS Loan;
“(iii) under section 428H shall be a Federal Direct Unsubsidized Stafford Loan; and
“(iv) under section 428C shall be a Federal Direct Consolidation Loan.
“(c) Interest rates
“(1) In general—The interest rate for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans issued under this section, shall be a rate equal to—
“(A) in a case in which the original loan is a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022;
“(B) in a case in which the original loan is a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022;
“(C) in an case in which the original loan is a loan under section 428B or a Federal Direct PLUS Loan, the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022; and
“(D) in a case in which the original loan is a loan under section 428C or a Federal Direct Consolidation Loan, a rate calculated in accordance with paragraph (2).
“(2) Interest rates for consolidation loans
“(A) Method of calculation—To determine the interest rate for a Federal Direct Federal Consolidation Loan issued under this section, the Secretary shall—
“(i) determine each original loan for which the liability was discharged by the proceeds of a loan under section 428C or a Federal Direct Consolidation Loan, and calculate the proportion of the unpaid principal balance of the loan under section 428C or the Federal Direct Consolidation Loan that is applicable to each such original loan;
“(ii) use the proportions determined in accordance with clause (i) and the interest rate applicable for each original loan, as determined under subparagraph (B), to calculate the weighted average of the interest rates on the loans consolidated into the loan under section 428C or the Federal Direct Consolidation Loan; and
“(iii) apply the weighted average calculated under clause (ii) as the interest rate for the Federal Direct Consolidation Loan made under this section and for which the interest rate is being determined under this paragraph.
“(B) Interest rates for component loans—The interest rate for each original loan for which the liability is discharged by the proceeds of loan made under section 428C or a Federal Direct Consolidation Loan shall be the following:
“(i) The interest rate for any such original loan made, insured or guaranteed under section 428 or 428H, or that is a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan, issued to an undergraduate student shall be a rate equal to the lesser of—
“(I) the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022; or
“(II) the interest rate on such original loan.
“(ii) The interest rate for any such original loan made, insured or guaranteed under section 428 or 428H, or that is a Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan, issued to a graduate or professional student shall be a rate equal to the lesser of—
“(I) the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022; or
“(II) the interest rate on the original loan.
“(iii) The interest rate for any such original loan made, insured or guaranteed under section 428B or that is a Federal Direct PLUS Loan shall be a rate equal to the lesser of—
“(I) the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022; or
“(II) the interest rate on the original loan.
“(iv) The interest rate for any such original loan that is a loan under section 428C or a Federal Direct Consolidation Loan shall be the weighted average of the interest rates determined under this subparagraph for each loan for which the liability is discharged by the proceeds of such consolidation loan.
“(v) The interest rate for any original loan for which the liability was discharged with the proceeds of a loan made under section 428C or a Federal Direct Consolidation Loan and is not described in clauses (i) through (iv) shall be the interest rate on such original loan.
“(3) Fixed rate—The applicable rate of interest determined under paragraph (1) for a loan issued under this section shall be fixed for the period of the loan.
“(d) Repayment periods—A loan issued under this section shall not result in the extension of the duration of the repayment period of the original loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3).
“(e) Original loan defined—In this section, the term original loan means a loan for which the liability is discharged with the proceeds of a loan issued under this section.
“460B. Refinancing of private education loans
“(a) Program authorized
“(1) In general—During the period beginning on the date that is 6 months after the date of enactment of the Student Loan Debt Relief Act of 2020, and ending on the date that is 9 months after such date of enactment, the Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon receiving an application from a borrower who has a loan obligation on an eligible private education loan, shall issue such borrower a loan under this section in accordance with the following:
“(A) The loan issued under this section shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan.
“(B) The Secretary shall pay the proceeds of the loan issued under this section to the private educational lender (or subsequent holder) of the private education loan, in order to discharge the borrower and any cosigners from any remaining obligation to the lender with respect to the private education loan.
“(C) The Secretary shall require that the borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the carrying out subparagraphs (A) and (B) with respect to such borrower.
“(D) The Secretary shall issue the loan as a Federal Direct Stafford Loan with a rate of interest determined under subsection (b).
“(b) Interest rate
“(1) In general—The interest rate for a Federal Direct Stafford Loan issued under this section shall be—
“(A) in the case of a Federal Direct Stafford Loan discharging the liability on a private education loan issued for undergraduate postsecondary educational expenses, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022; and
“(B) in the case of a Federal Direct Stafford Loan discharging the liability on a private education loan issued for graduate or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022.
“(2) Combined undergraduate and graduate study loans—In the case of a Federal Direct Stafford Loan discharging the liability on a private education loan issued for both undergraduate and graduate or professional postsecondary educational expenses, the interest rate shall be a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2021, and ending on June 30, 2022.
“(3) Fixed rate—The applicable rate of interest determined under this subsection for a Federal Direct Stafford Loan issued under this section shall be fixed for the period of the loan.
“(c) No inclusion in aggregate limits—The amount of a Federal Direct Stafford Loan issued under this section, or a Federal Direct Consolidated Loan to the extent such loan is used to repay such a Federal Direct Stafford Loan, shall not be included in calculating a borrower’s annual or aggregate loan limits under section 428 or 428H.
“(d) Private educational lender reporting requirement
“(1) Reporting required—Not later than 6 months after the date of enactment of the Student Loan Debt Relief Act of 2020, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish a requirement that private educational lenders report the data described in paragraph (2) to the Secretary, to Congress, to the Secretary of the Treasury, and to the Director of the Bureau of Consumer Financial Protection, in order to allow for an assessment of the private education loan market.
“(2) Contents of reporting—The data that private educational lenders shall report in accordance with paragraph (1) shall include each of the following about private education loans (as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a))):
“(A) The total amount of private education loan debt the lender holds.
“(B) The total number of private education loan borrowers the lender serves.
“(C) The average interest rate on the outstanding private education loan debt held by the lender.
“(D) The proportion of private education loan borrowers who are in default on a loan held by the lender.
“(E) The proportion of the outstanding private education loan volume held by the lender that is in default.
“(F) The proportions of outstanding private education loan borrowers who are 30, 60, and 90 days delinquent.
“(G) The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent.
“(e) Sunset—The authority to issue loans under this section shall expire on the date that is 8 months after the date of enactment of the Student Loan Debt Relief Act of 2020.
“(f) Definitions—In this section:
“(1) Private educational lender—The term private educational lender has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
“(2) Eligible private education loan—The term eligible private education loan means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that—
“(A) was disbursed to the borrower on or before the date of enactment of the Student Loan Debt Relief Act of 2020; and
“(B) was for the borrower’s own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed.”
Income-Contingent repayment— Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by inserting before the semicolon at the end the following: “, and in calculating the period of time during which a borrower of a loan issued under section 460A has made monthly payments on such loan for purposes of the plan described in this subparagraph, the Secretary shall treat each monthly payment that otherwise meets the requirements of such plan and that was made on a loan for which the liability is discharged by the proceeds of such loan issued under section 460A, as a monthly payment made on such loan issued under section 460A”.
Public service loan forgiveness— Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended—
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following:
“(3) Treatment of loans issued under section 460A—Notwithstanding paragraph (1), in determining the number of monthly payments made under paragraph (1) on an eligible Federal Direct Loan issued under section 460A the proceeds of which discharges the liability on a loan made under this part, the Secretary shall treat each monthly payment made under paragraph (1) on the loan before the liability on such loan was so discharged as a monthly payment made on such eligible Federal Direct Loan.”
Income-Based repayment— Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following:
“(f) Treatment of refinanced loans—In calculating the period of time during which a borrower of a loan issued under section 460A has made monthly payments on such loan for purposes of subsection (b)(7), the Secretary shall treat each monthly payment that otherwise meets the requirements of this section and that was made on a loan for which the liability is discharged by the proceeds of such loan issued under section 460A, as a monthly payment made on such loan issued under section 460A.”
3 Dischargeability of Student Loans in Bankruptcy
Sec. 51931 Dischargeability of student loans in bankruptcy
4 General Provisions
Sec. 51941 Report on progress of implementation
Not later than the date that is 6 months after the date of enactment of this Act, the Secretary of Education and the Secretary of the Treasury shall, jointly, submit to Congress a report on the progress of the implementation of the provisions of parts 1 and 2.
Sec. 51942 Notification to borrowers
In general— Not later than the date that is 3 months after the date of enactment of this Act—
the Secretary of Education—
shall take such steps as may be necessary to notify borrowers of an eligible Federal loan of the loan discharge available under part 1, including the applicable deadlines;
in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to notify borrowers of loans made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 that such borrowers may be eligible to refinance such loans at a lower rate of interest under section 460A of the Higher Education Act of 1965, as added by part 2 of this subtitle, which campaign shall include—
developing consumer information materials about the availability of such refinancing; and
requiring servicers of such loans to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection; and
in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of private education loans—
that such borrowers may be eligible to refinance such private loans as Federal Direct Stafford Loans under section 460B of the Higher Education Act of 1965, as added by part 2 of this subtitle; and
such Federal Direct Stafford Loans may be eligible for loan discharge under part 1 of this subtitle; and
the Secretary of Health and Human Services, in consultation with the Secretary of Education, shall take such steps as may be necessary to inform borrowers of a loan made, insured, or guaranteed by the Department of Health and Human Services that is eligible for consolidation under section 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1087e(g)), that the—
borrower may be eligible for a Federal Direct Consolidation Loan under such section 455(g); and
such Federal Direct Consolidation Loan may be eligible for loan discharge under part 1 of this subtitle.
Notification by private education loan holders— Each holder of a private education loan shall, not later than the date that is 3 months after the date of enactment of this Act, notify the borrower of such private education loan that the borrower may be eligible to refinance the private education loan as a Federal Direct Stafford Loan under section 460B of the Higher Education Act of 1965, and such Federal Direct Stafford Loan may be eligible for loan discharge under part 1 of this subtitle.
Sec. 51943 Inapplicability of title IV negotiated rulemaking and master calendar exception
Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to this subtitle or any amendments made by this subtitle, or to any regulations promulgated under this subtitle or under such amendments.
Sec. 51944 Definitions
In this subtitle:
Eligible Federal loan— The term eligible Federal loan means—
a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) (other than a loan described in subparagraph (B)) on or before the date of enactment of this Act; or
a Federal Direct Stafford Loan issued under section 460B of the Higher Education Act of 1965, as added by part 2 of this subtitle, on a date that is not later than 9 months after the date of enactment of this Act.
Private education loan— The term private education loan has the meaning given such term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
Secretary— The term Secretary means the Secretary of Education.
Taxpayer— The term taxpayer has the meaning given such term in section 7701 of the Internal Revenue Code of 1986.
S Public Funds for Public Schools
Sec. 52001 Short title
This subtitle may be cited as the “Public Funds for Public Schools Act”.
Sec. 52002 Elimination of school voucher State tax credit loophole by limiting the double benefit of charitable contributions
In general— Section 170(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(19) Limitation on double benefit in the case of State school voucher tax benefits
“(A) In general—The amount of any charitable contribution otherwise taken into account under this section shall be reduced by any State school voucher tax benefit with respect to such contribution.
“(B) State school voucher tax benefit—For purposes of this paragraph, the term State school voucher tax benefit means the aggregate amount of any State income tax credits, and excess State income tax deductions, provided to the taxpayer by a State for any contribution to a specified school voucher organization.
“(C) Excess State income tax deductions—For purposes of this paragraph, the term excess State income tax deduction means the product of—
“(i) the highest rate of State income tax applicable to the taxpayer for the taxable year, multiplied by
“(ii) the excess (if any) of—
“(I) the State income tax deduction provided to the taxpayer with respect to contributions by the taxpayer to specified school voucher organizations, over
“(II) the amount of such contributions.
“(D) Specified school voucher organization—For purposes of this paragraph, the term specified school voucher organization means any organization the primary purpose of which is the provision of vouchers, scholarships, or other funds, for the expenses of students to attend elementary or secondary schools.
“(E) Treatment of similar State benefits—For purposes of this paragraph, any State benefit which is economically equivalent to a tax credit (including any payment) shall be treated as a State income tax credit for purposes of this paragraph and any State benefit which is economically equivalent to a State income tax deduction (including any exclusion from gross income) shall be treated as a State income tax deduction for purposes of this paragraph.
“(20) Special rule for contributions of built-in gain property to specified school voucher organizations
“(A) In general—In the case of any contribution by the taxpayer of built-in gain property to a specified school voucher organization, such contribution shall be treated for purposes of this title as though such property were sold by the taxpayer at its fair market value immediately before such contribution and the amount of such fair market value were contributed by the taxpayer as a cash contribution to the specified school voucher organization.
“(B) Definitions—For purposes of this paragraph—
“(i) Built-in gain property—The term built-in gain property means any property if, immediately before the contribution of such property, the fair market value of such property exceeds the adjusted basis of such property.
“(ii) Specified school voucher organization—The term specified school voucher organization has the meaning given such term in paragraph (19).”
Effective date— The amendment made by this section shall apply to charitable contributions made in taxable years beginning after the date of the enactment of this Act.
T Ending PUSHOUT
Sec. 52101 Short title
This subtitle may be cited as the “Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2020” or the “Ending PUSHOUT Act of 2020”.
Sec. 52102 Purpose
It is the purpose of this subtitle to—
strengthen data collection related to exclusionary discipline practices in schools and the discriminatory application of such practices, which disproportionately impacts students of color, particularly girls of color;
eliminate the discriminatory use and overuse of exclusionary discipline practices based on actual or perceived race, ethnicity, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or other stereotype related to sex), or disability; and
prevent the criminalization and pushout of students from school, especially Black and brown girls, as a result of educational barriers that include discrimination, punitive discipline policies and practices, and a failure to recognize and support students with mental health needs or experiencing trauma.
Sec. 52103 Strengthening civil rights data collection with respect to exclusionary discipline in schools
In general— The Assistant Secretary for Civil Rights shall annually carry out data collection authorized under section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), which shall include data with respect to students enrolled in a public preschool, elementary, or secondary school (including traditional public, charter, virtual, special education school, and alternative schools) who received the following disciplinary actions during the preceding school year:
Suspension (including the classification of the suspension as in-school suspension or out-of-school suspension), which shall include data with respect to—
the number of students who were suspended;
the number and length of suspensions each such student received;
the reason for each such suspension, including—
a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense;
a violation of an appearance or grooming policy;
an act of insubordination;
willful defiance; and
a violation of a school code of conduct; and
the number of days of lost instruction due to each out-of-school suspension.
Expulsion, which shall include data with respect to—
the number of students who were expelled; and
the reason for each such expulsion, including—
a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense;
a violation of an appearance or grooming policy;
an act of insubordination, willful defiance, or violation of a school code of conduct; and
the use of profane or vulgar language.
The number of students subject to an out-of-school transfer to a different school, including a virtual school, and if so, the primary reason for each such transfer.
The number of students subject to a referral to law enforcement, including the primary reason for each such referral, and whether such referral resulted in an arrest.
Report—
In general— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, acting through the Assistant Secretary for Civil Rights, shall submit to Congress a report on the data collected under subsection (a).
Requirements— The report required under paragraph (1) shall—
identify, with respect to the data collected under subsection (a), schools, local educational agencies, and States that demonstrate, in the opinion of the Secretary, the overuse and discriminatory use of exclusionary disciplinary practices;
be disaggregated and cross tabulated by—
enrollment in a preschool or in an elementary school and secondary school by grade level;
race;
ethnicity;
sex (including, to the extent possible, sexual orientation and gender identity);
low-income status;
disability status (including students eligible for disability under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et. seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794));
English learner status;
Tribal citizenship or descent, in the first or second degree, of an Indian Tribe; and
if applicable, pregnant and parenting student status;
be publicly accessible in multiple languages, accessibility formats, and provided in a language that parents, family, and community members can understand; and
be presented in a manner that protects the privacy of individuals consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the “Family Educational Rights and Privacy Act of 1974”.
Sec. 52104 Grants to reduce exclusionary school discipline practices
In general— The Secretary shall award grants (which shall be known as the “Healing School Climate Grants”), on a competitive basis, to eligible entities for the purpose of reducing the overuse and discriminatory use of exclusionary discipline practices in schools.
Application— An eligible entity seeking 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, including an assurance that the eligible entity shall prioritize schools with the highest rates of suspensions and expulsions.
Program requirement— An eligible entity that receives a grant under subsection (a) shall prohibit the use of—
out-of-school suspension or expulsion for any student in preschool through grade 5 for incidents that do not involve serious bodily injury;
out-of-school suspension or expulsion for any student in preschool through grade 12 for insubordination, willful defiance, vulgarity, truancy, tardiness, chronic absenteeism, or as a result of a violation of a grooming or appearance policy;
corporal punishment;
mechanical and chemical restraints of students;
physical restraints of students, except in situations involving imminent danger of serious physical harm; and
seclusion.
Use of funds—
Required uses— An eligible entity that receives a grant under this section shall use funds to—
evaluate the current discipline policies of a school and, in partnership with students (including girls of color), the family members of students, and the local community of such school, develop discipline policies for such school to ensure that such policies are not exclusionary or discriminately applied toward students;
provide training and professional development for teachers, principals, school leaders, and other school personnel to avoid or address the overuse and discriminatory disproportionate use of exclusionary discipline practices in schools and to create awareness of implicit and explicit bias and use culturally affirming practices, including training in—
identifying and providing support to students who may have experienced or are at risk of experiencing trauma or have other mental health needs;
administering and responding to assessments on adverse childhood experiences;
providing student-centered, trauma-informed positive behavior management intervention and support that creates safe and supportive school climates;
using restorative practices;
using culturally and linguistically responsive intervention strategies;
developing social and emotional learning competencies; and
increasing student engagement and improving dialogue between students and teachers;
implement evidence-based alternatives to suspension or expulsion, including—
multi-tier systems of support, such as schoolwide positive behavioral interventions and supports;
social, emotional, and academic learning strategies designed to engage students and avoid escalating conflicts; and
other data-driven approaches to improving school environments;
improve behavioral and academic outcomes for students by creating a safe and supportive learning environment and school climate, which may include—
restorative practices with respect to improving relationships among students, school officials, and members of the local community, which may include partnering with local mental health agencies or nonprofit organizations;
access to mentors and peer-based support programs;
extracurricular programs, including sports and art programs;
social and emotional learning strategies designed to engage students and avoid escalating conflicts;
access to counseling, mental health programs, and trauma-informed care programs, including suicide prevention programs; and
access to culturally responsive curricula that affirms the history and contributions of traditionally marginalized people and communities;
hire social workers, school counselors, trauma-informed care personnel, and other mental health personnel; and
support the development, delivery, and analysis of school climate surveys.
Prohibited uses— An eligible entity that receives a grant under this section may not use funds to—
hire or retain law enforcement personnel, including school resource officers;
purchase, maintain, or install surveillance equipment, including metal detectors or software programs that monitor or mine the social media use or technology use of students;
arm teachers, principals, school leaders, or other school personnel; and
enter into formal or informal partnerships or data and information sharing agreements with—
the Secretary of Homeland Security, including agreements with U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; or
local law enforcement agencies, including partnerships that allow for hiring of school-based police and school resource officers.
Technical assistance— The Secretary, in carrying out subsection (a), may reserve not more than 2 percent of funds to provide technical assistance to eligible entities, which may include—
support for data collection, compliance, and analysis of the activities of the program authorized under subsection (a); and
informational meetings and seminars with respect to the application process under subsection (b).
Eligible entities— In this section, the term eligible entity means—
1 or more local educational agencies (who may be partnered with a State educational agency), including a public charter school that is a local educational agency under State law or local educational agency operated by the Bureau of Indian Education; or
a nonprofit organization (defined as an organization described in section 501(c)(3) of the Internal Revenue Code, which is exempt from taxation under section 501(a) of such Code) with a track record of success in improving school climates and supporting students.
Sec. 52105 Joint task force to end school pushout of girls of color
Establishment— The Secretary and the Secretary of Health and Human Services shall establish and operate a joint task force to end school pushout (in this section referred to as the “Joint Task Force”).
Composition—
Chairs— The Secretary and the Secretary of Health and Human Services shall chair the Joint Task Force.
Members— The Joint Task Force shall be composed of—
Native American girls;
students, including Black and brown girls;
teachers;
parents with children in school;
school officials;
representatives from civil rights and disability organizations;
psychologists, social workers, trauma-informed personnel, and other mental health professionals; and
researchers with experience in behavioral intervention.
Advisory members— In addition to the members under paragraph (2), the Assistant Attorney General of the Civil Rights Division of the Department of Justice and the Director of the Bureau of Indian Education shall be advisory members of the Joint Task Force.
Member appointment— Not later than 60 days after the date of the enactment of this Act, the Secretary and the Secretary of Health and Human Services shall appoint the members of the Joint Task Force—
in accordance with paragraph (2);
using a competitive application process; and
with consideration to the racial, ethnic, gender, and geographic diversity of the Joint Task Force.
Study and recommendations— The Joint Task Force shall—
conduct a study to—
identify best practices for reducing the overuse and discriminatory use of exclusionary discipline practices; and
determine to what extent exclusionary discipline practices contribute to the criminalization of—
girls of color;
English learners;
Native American girls;
students who identify as lesbian, gay, bisexual, transgender, queer, or questioning; and
students with disabilities; and
develop recommendations based on the study conducted under paragraph (1).
Report— Not later than 360 days after the date of the enactment of this Act, and biannually thereafter, the Secretary and the Secretary of Health and Human Services shall submit to Congress a report on the recommendations under subsection (c)(2).
Sec. 52106 Authorization of appropriation
In general— There is authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2026 to carry out sections 52104 and 52105.
Additional funding to the Office for Civil Rights— There is authorized to be appropriated $500,000,000 for fiscal year 2022 through 2026, and each fiscal year thereafter, to carry out section 52103.
Sec. 52107 Definitions
In this subtitle:
Act of insubordination— The term act of insubordination means an act that disrupts a school activity or instance when a student willfully defies the valid authority of a school official.
Appearance or grooming policy— The term appearance or grooming policy means any practice, policy, or portion of a student conduct code that governs or restricts the appearance of students, including policies that—
restrict or prescribe clothing that a student may wear (such as hijabs, headwraps, or bandanas);
restrict specific hair styles (such as braids, locks, twists, bantu knots, cornrows, extensions, or afros); or
restrict whether or how a student may apply make-up, nail polish, or other cosmetics.
Chemical restraint— The term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not—
prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and
administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the authority of a health professional under State law.
Direct supervision— The term direct supervision means a student is physically in the same location as a school official and such student is under the care of the school official or school.
Disability— The term disability means a mental or physical disability that meets the conditions set forth in clauses (i) and (ii) of section 602(3)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and (ii)).
Elementary and Secondary Education Act terms— The terms elementary school, English learner, local educational agency, secondary school, and State educational agency has the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Gender identity— The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual regardless of the designated sex at birth of the individual.
Indian tribe— The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
In-school suspension— The term in-school suspension means an instance in which a student is temporarily removed from a regular classroom for at least half a day but remains under the direct supervision of a school official.
Mechanical restraint— The term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), except that the meaning shall be applied by substituting “student” for “resident”.
Multi-tier system of supports— The term multi-tier system of supports means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to the needs of students, with regular observation to facilitate data-based instructional decision making.
Out-of-school suspension— The term out-of-school suspension means an instance in which a student is excluded from school for disciplinary reasons by temporarily being removed from regular classes to another setting, including a home or behavior center, regardless of whether such disciplinary removal is deemed as a suspension by school officials.
Physical escort— The term physical escort has the meaning given the term in section 595(d)(2) of the Public Health Service Act (42 U.S.C. 290jj(d)(2)), except that the meaning shall be applied by substituting “student” for “resident”.
Physical restraint— The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, torso, or head freely, except that such term does not include a physical escort, mechanical restraint, or chemical restraint.
Positive behavior intervention and support— The term positive behavior intervention and support means using a systematic and evidence-based approach to achieve improved academic and social outcomes for students.
Pushout— The term pushout means an instance when a student leaves elementary, middle or secondary school, including a forced transfer to another school, prior to graduating secondary school due to overuse of exclusionary discipline practices, failure to address trauma or other mental health needs, discrimination, or other educational barriers that do not support or promote the success of a student.
School official— The term school official means a teacher, school principal, administrator, or other personnel engaged in the performance of duties with respect to a school.
Seclusion— The term seclusion means the involuntary confinement of a student alone in a room or area where the student is physically prevented from leaving, and does not include a time out.
Secretary— The term Secretary means the Secretary of Education.
Serious bodily injury— The term serious bodily injury has the meaning given that term in section 1365(h)(3) of title 18, United States Code.
Sexual orientation— The term “sexual orientation” means homosexuality, heterosexuality, or bisexuality.
Special education school— The term special education school means a school that focuses primarily on serving the needs of students who qualify as “a child with a disability” as that term is defined under section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) or are subject to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
Time out— The term time out has the meaning given the term in section 595(d)(5) of the Public Health Service Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be applied by substituting “student” for “resident”.
Zero-tolerance policy— The term zero-tolerance policy is a school discipline policy that results in an automatic disciplinary consequence, including out-of-school suspension, expulsion, and involuntary school transfer.
U Parent PLUS Loan Improvement
Sec. 52301 Short title
This subtitle may be cited as the “Parent PLUS Loan Improvement Act of 2020”.
Sec. 52302 Applicable rate of interest for PLUS Loans
Section 455(b)(8) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)(8)) is amended—
in subparagraph (C), by inserting “and before July 1, 2019,” after “, 2013,”; and
by adding at the end the following:
“(G) Reduced rate for Parent PLUS loans—Notwithstanding the preceding paragraphs of this subsection, for Federal Direct PLUS Loans made on behalf of a dependent student for which the first disbursement is made on or after July 1, 2019, the applicable rate of interest shall be determined under subparagraph (C) of this paragraph—
“(i) by substituting “3.6 percent” for “4.6 percent”; and
“(ii) by substituting “9.5 percent” for “10.5 percent”.”
Sec. 52303 Elimination of origination fee for Parent PLUS loans
Section 455(c) of the Higher Education Act of 1965 (20 U.S.C. 1087e(c)) is amended by adding at the end the following new paragraph:
“(3) PLUS loans—With respect to Federal Direct PLUS loans made on behalf of a dependent student for which the first disbursement of principal is made on or after July 1, 2019, paragraph (1) shall be applied by substituting “0.0 percent” for “4.0 percent”.”
Sec. 52304 Counseling for Parent PLUS borrowers
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:
“(n) Counseling for parent PLUS borrowers
“(1) In general—The Secretary, prior to disbursement of a Federal Direct PLUS loan made on behalf of a dependent student, shall ensure that the borrower receives comprehensive information on the terms and conditions of the loan and the responsibilities the borrower has with respect to such loan. Such information—
“(A) shall be provided through the use of interactive programs that use mechanisms to check the borrower’s understanding of the terms and conditions of the borrower’s loan, using simple and understandable language and clear formatting; and
“(B) shall be provided—
“(i) during a counseling session conducted in person; or
“(ii) online.
“(2) Information to be provided—The information to be provided to the borrower under paragraph (1) shall include the following:
“(A) Information on how interest accrues and is capitalized during periods when the interest is not paid by the borrower.
“(B) An explanation of when loan repayment begins, of the options available for a borrower who may need a deferment, and that interest accrues during a deferment.
“(C) The repayment plans that are available to the borrower, including personalized information showing—
“(i) estimates of the borrower’s anticipated monthly payments under each repayment plan that is available; and
“(ii) the difference in interest paid and total payments under each repayment plan.
“(D) The obligation of the borrower to repay the full amount of the loan, regardless of whether the student on whose behalf the loan was made completes the program in which the student is enrolled.
“(E) The likely consequences of default on the loan, including adverse credit reports, delinquent debt collection procedures under Federal law, and litigation.
“(F) The name and contact information of the individual the borrower may contact if the borrower has any questions about the borrower’s rights and responsibilities or the terms and conditions of the loan.”
Sec. 52305 Inclusion of parent PLUS loans in income-contingent and income-based repayment plans
Income-Contingent repayment plan— Section 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by striking “, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS loan made on behalf of a dependent student;”.
Income-Based repayment—
in subsection (a)—
by striking “this section” and all that follows through “hardship” and inserting “In this section, the term partial financial hardship”; and
by striking, “(other than an excepted PLUS loan or excepted consolidation loan)”;
in subsection (b)—
in paragraph (1), by striking “(other than an excepted PLUS loan or excepted consolidation loan)”;
in paragraph (6)(A), by striking “(other than an excepted PLUS loan or excepted consolidation loan)”; and
in paragraph (7), by striking “(other than a loan under section 428B or a Federal Direct PLUS Loan)”; and
in subsection (c), by striking “(other than an excepted PLUS loan or excepted consolidation loan),”.
Section 455(d)(1)(E)— Section 455(d)(1)(E) of such Act (20 U.S.C. 1087e(d)(1)(D)) is amended by striking “, except that the plan described in this subparagraph shall not be available to the borrower of a Federal Direct PLUS Loan made on behalf of a dependent student or a Federal Direct Consolidation Loan, if the proceeds of such loan were used to discharge the liability on such Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student”.
Application to regulations— The Secretary shall ensure that any Federal Direct PLUS Loan and any loan under section 428B of the Higher Education Act of 1965 (20 U.S.C. 1078–2) made on behalf of a dependent student are eligible for any repayment plan available under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) or regulations authorized under such Act (20 U.S.C. 1001 et seq.).
V Time for Completion
Sec. 52401 Short title
This subtitle may be cited as the “Time for Completion Act”.
Sec. 52402 Consumer information about completion or graduation times
Transparency in college tuition for consumers— Section 132(i)(1)(J) of the Higher Education Act of 1965 (20 U.S.C. 1015a(i)(1)(J)) is amended to read as follows:
“(J)
“(i) For programs of study 4 years of length or longer—
“(I) the percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii);
“(II) the percentages of first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii);
“(III) the percentages of non-first time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii); and
“(IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (III) of clause (iii).
“(ii) For programs of study less than 4 years—
“(I) the percentages of first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii);
“(II) the percentages of first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii);
“(III) the percentages of non-first-time, full-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii); and
“(IV) the percentages of non-first-time, part-time, degree- or certificate-seeking undergraduate students enrolled at the institution who obtain a degree or certificate within each of the times for completion or graduation described in subclauses (I) through (IV) of clause (iii).
“(iii) For purposes of this subparagraph, the times for completion or graduation are as follows:
“(I) The normal time for completion of, or graduation from, the student’s program.
“(II) 150 percent of the normal time for completion of, or graduation from, the student’s program.
“(III) 200 percent of the normal time for completion of, or graduation from, the student’s program.
“(IV) 300 percent of the normal time for completion of, or graduation from, the student’s program.
“(iv) In making publicly available the percentages described in this subparagraph, the Secretary shall display each percentage in a consistent manner and with equal visibility.”
Institutional and financial assistance information for students— Section 485(a) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)) is amended—
in paragraph (1), by amending subparagraph (L) to read as follows:
“(L) each completion or graduation rate for each type of student and program described in clauses (i) and (ii) of section 132(i)(1)(J);”
in paragraph (3), by striking “within 150 percent of the normal time for completion of or graduation from the program” and inserting “within the time for completion or graduation described in section 132(i)(1)(J) applicable to such student and such program”.
W Strength in Diversity
Sec. 52501 Short title
This subtitle may be cited as the “Strength in Diversity Act of 2020”.
Sec. 52502 Purpose
The purpose of this subtitle is to support the development, implementation, and evaluation of comprehensive strategies to address the effects of racial isolation or concentrated poverty by increasing diversity, including racial diversity and socioeconomic diversity, in covered schools.
Sec. 52503 Reservation for national activities
The Secretary may reserve not more than 5 percent of the amounts made available under section 52509 for a fiscal year to carry out activities of national significance relating to this subtitle, which may include—
research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; and
the development and maintenance of best practices for recipients of grants under section 52504 and other experts in the field of school diversity.
Sec. 52504 Grant program authorized
Authorization—
In general— From the amounts made available under section 52509 and not reserved under section 52503 for a fiscal year, the Secretary shall award grants in accordance with subsection (b) to eligible entities to develop or implement plans to improve diversity and reduce or eliminate racial or socioeconomic isolation in covered schools.
Types of grants— The Secretary may, in any fiscal year, award under paragraph (1)—
planning grants to carry out the activities described in section 52506(a);
implementation grants to carry out the activities described in section 52506(b); or
both such planning grants and implementation grants.
Award basis—
Criteria for evaluating applications— The Secretary shall award grants under this section on a competitive basis, based on—
the quality of the application submitted by an eligible entity under section 52505; and
the likelihood, as determined by the Secretary, that the eligible entity will use the grant to improve student outcomes or outcomes on other performance measures described in section 52507.
Priority— In awarding grants under this section, the Secretary shall give priority to the following eligible entities:
First, to an eligible entity that proposes, in an application submitted under section 52505, to use the grant to support a program that addresses racial isolation.
Second, to an eligible entity that proposes, in an application submitted under section 52505, to use the grant to support a program that extends beyond one local educational agency, such as an inter-district or regional program.
Duration of grants—
Planning grant— A planning grant awarded under this section shall be for a period of not more than 1 year.
Implementation grant— An implementation grant awarded under this section shall be for a period of not more than 3 years, except that the Secretary may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the Secretary that the eligible entity is making significant progress, as determined by the Secretary, on the program performance measures described in section 52507.
Sec. 52505 Applications
In order to receive a grant under section 52504, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—
a description of the program for which the eligible entity is seeking a grant, including—
how the eligible entity proposes to use the grant to improve the academic and life outcomes of students in racial or socioeconomic isolation in covered schools by supporting interventions that increase diversity in such covered schools;
in the case of an implementation grant, the implementation grant plan described in section 52506(b)(1); and
evidence, or if such evidence is not available, a rationale based on current research, regarding how the program will increase diversity;
in the case of an eligible entity proposing to use any of the grant to benefit covered schools that are racially isolated, a description of how the eligible entity will identify and define racial isolation;
in the case of an eligible entity proposing to use any portion of the grant to benefit high-poverty covered schools, a description of how the eligible entity will identify and define income level and socioeconomic status;
a description of the plan of the eligible entity for continuing the program after the grant period ends;
a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity;
an assurance that the eligible entity has conducted, or will conduct, robust parent and community engagement, while planning for and implementing the program, such as through—
consultation with appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes located in the area served by the eligible entity;
consultation with other community entities, including local housing or transportation authorities;
public hearings or other open forums to inform the development of any formal strategy to increase diversity; and
outreach, in a language that parents can understand, and consultation with families in the targeted district or region that is designed to ensure participation in the planning and development of any formal strategy to increase diversity;
an estimate of the number of students that the eligible entity plans to serve under the program and the number of students to be served through additional expansion of the program after the grant period ends;
an assurance that the eligible entity will—
cooperate with the Secretary in evaluating the program, including any evaluation that might require data and information from multiple recipients of grants under section 52504; and
engage in the best practices developed under section 52503(2);
an assurance that, to the extent possible, the eligible entity has considered the potential implications of the grant activities on the demographics and student enrollment of nearby covered schools not included in the activities of the grant; and
in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will—
implement, replicate, or expand a strategy based on a strong or moderate level of evidence (as described in subclause (I) or (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or
will test a promising strategy to increase diversity in covered schools.
Sec. 52506 Uses of funds
Planning grants— Each eligible entity that receives a planning grant under section 52504 shall use the grant to support students in covered schools through the following activities:
Completing a comprehensive assessment of, with respect to the geographic area served by such eligible entity—
the educational outcomes and racial and socioeconomic stratification of children attending covered schools; and
an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure.
Developing and implementing a robust family and community engagement plan, including, where feasible, public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in covered schools.
Developing options, including timelines and cost estimates, for improving diversity in covered schools, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination.
Developing an implementation plan based on community preferences among the options developed under paragraph (3).
Building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation.
Engaging in best practices developed under section 52503(2).
Implementation grants—
Implementation grant plan— Each eligible entity that receives an implementation grant under section 52504 shall implement a high-quality plan to support students in covered schools that includes—
a comprehensive set of strategies designed to improve academic outcomes for all students, particularly students of color and low-income students, by increasing diversity in covered schools;
evidence of strong family and community support for such strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities;
goals to increase diversity in covered schools over the course of the grant period;
collection and analysis of data to provide transparency and support continuous improvement throughout the grant period; and
a rigorous method of evaluation of the effectiveness of the program.
Implementation grant activities— Each eligible entity that receives an implementation grant under section 52504 may use the grant to carry out one or more of the following activities:
Recruiting, hiring, or training additional teachers, administrators, and other instructional and support staff in new, expanded, or restructured covered schools, or other professional development activities for staff and administrators.
Investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns.
Developing or initiating a transportation plan for bringing students to and from covered schools, if such transportation is sustainable beyond the grant period and does not represent a significant portion of the grant received by an eligible entity under section 52504.
Sec. 52507 Performance measures
The Secretary shall establish performance measures for the programs and activities carried out through a grant under section 52504. These measures, at a minimum, shall track the progress of each eligible entity in—
improving academic and other developmental or noncognitive outcomes for each subgroup described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) that is served by the eligible entity on measures, including, as applicable, by—
increasing school readiness;
increasing student achievement and decreasing achievement gaps;
increasing high school graduation rates;
increasing readiness for postsecondary education and careers; and
any other indicator the Secretary or eligible entity may identify; and
increasing diversity and decreasing racial or socioeconomic isolation in covered schools.
Sec. 52508 Annual reports
An eligible entity that receives a grant under section 52504 shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes—
information on the progress of the eligible entity with respect to the performance measures described in section 52507; and
the data supporting such progress.
Sec. 52509 Authorization of appropriations
There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years.
Sec. 52510 Definitions
In this subtitle:
Covered school— The term covered school means—
a publicly funded early childhood education program;
a public elementary school; or
a public secondary school.
Eligible entity— The term eligible entity means a local educational agency, a consortium of such agencies, an educational service agency, or regional educational agency that at the time of the application of such eligible entity has significant achievement gaps and socioeconomic or racial segregation within or between the school districts served by such entity.
ESEA terms— The terms educational service agency, elementary school, local educational agency, secondary school, and Secretary have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Publicly funded early childhood education program— The term publicly funded early childhood education program means an early childhood education program (as defined in section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 1003(8))) that receives State or Federal funds.
X Reverse Transfer Efficiency
Sec. 52601 Short title
This subtitle may be cited as the “Reverse Transfer Efficiency Act of 2020”.
Sec. 52602 Release of education records to facilitate the award of a recognized postsecondary credential
Section 444(b) of the General Education Provisions Act (20 U.S.C. 1232g(b)) is amended—
in paragraph (1)—
in subparagraph (K)(ii), by striking “; and” and inserting a semicolon; and
in subparagraph (L), by striking the period at the end and inserting “; and”; and
by inserting after subparagraph (L) the following:
“(M) an institution of postsecondary education in which the student was previously enrolled, to which records of postsecondary coursework and credits are sent for the purpose of applying such coursework and credits toward completion of a recognized postsecondary credential (as that term is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)), upon condition that the student provides written consent prior to receiving such credential.”
Y Supporting Minority STEM Student to Career
Sec. 52701 Short title
This subtitle may be cited as the “Supporting Minority STEM Student to Career Act”.
Sec. 52702 Minority science and engineering improvement program
Required criteria— Section 352(c) of the Higher Education Act of 1965 (20 U.S.C. 1067b(c)) is amended—
in paragraph (9), by striking “and”;
in paragraph (10), by striking the period and inserting “; and”; and
by adding the following at the end:
“(11) the amount of non-Federal funds a grant recipient will use to support the activities to be funded by the grant.”
Authorized use of funds— Section 353(b) of the Higher Education Act of 1965 (20 U.S.C. 1067c(b)) is amended—
in paragraph (1)—
in subparagraph (A), by striking “or”;
in subparagraph (B), by striking the period and inserting a semicolon; and
by adding the following at the end:
“(C) providing direct financial assistance to students who are underrepresented in STEM; or
“(D) improving institutional capacity to provide—
“(i) guidance counseling and academic advising;
“(ii) work-study opportunities that are aligned to a student’s chosen field of study;
“(iii) faculty, peer, and near-peer mentorship;
“(iv) summer bridge programs;
“(v) undergraduate research opportunities;
“(vi) work-based learning opportunities aligned with a student’s chosen field of study; or
“(vii) individualized academic support and tutoring.”
in paragraph (2)—
in subparagraph (C), by striking “or”;
in subparagraph (D), by striking the period and inserting “; or”; and
by adding the following at the end:
“(E) any of the activities described in subparagraphs (A) through (D) of paragraph (1).”
Cross program and cross agency cooperation— Section 363 of the Higher Education Act of 1965 (20 U.S.C. 1067i) is amended to read as follows:
“363. Cross program and cross agency cooperation
“(a) In general—The Minority Science and Engineering Improvement Programs shall cooperate and consult with other programs within the Department and within Federal, State, and private agencies which carry out programs to improve the quality of science, mathematics, and engineering education.
“(b) Report—Not later than 120 days after the date of enactment of the Supporting Minority STEM Student to Career Act, the Secretary shall, in consultation with all Federal agencies that have STEM education activities, prepare and submit to the authorizing committees a coordination strategy report on expanding access and opportunity for postsecondary students who are underrepresented in science and engineering that—
“(1) outlines efforts to coordinate Federal grant programs for these populations to more effectively achieve the Federal Government’s objective to diversify the STEM fields; and
“(2) outlines strategies to align Federal Government research opportunities, internships, and deferred hiring programs from minority institutions receiving a grant under this part for students who are underrepresented in science and engineering.”
by striking paragraphs (3) and (4); and
by adding at the end the following:
“(10) Institution of higher education—The term institution of higher education has the meaning given such term in section 101.
“(11) Minority institution—The term minority institution means an institution described in section 371(a).
“(12) STEM—The term STEM means the fields of science, technology, engineering, and mathematics as described in section 356(a).”
Z END ALL Hazing
Sec. 52801 Short title
This subtitle may be cited as the “Educational Notification and Disclosure of Actions risking Loss of Life by Hazing Act”, or the “END ALL Hazing Act”.
Sec. 52802 Findings
Congress finds as follows:
Hazing is a problem in the United States, but most especially in our Nation’s educational system.
Hazing undermines the educational experience of the victims and the perpetrators. Hazing often perpetuates a cycle in which students who have been hazed feel the need to haze other students as a rite of passage to join a student organization.
While hazing takes many forms, including menial labor, disparagement, public or private humiliation, and forced exercise, the combination of alcohol or drug consumption as a form of hazing has caused bodily injury to thousands of students and has been fatal in many instances.
Numerous students have died as a result of collegiate hazing. Some of the recent tragedies include Nicky Cumberland, Max Gruver, Tim Piazza, Dalton Debrick, Marquise Braham, and Harrison Kowiak.
Sec. 52803 Hazing reporting requirements for institutions of higher education
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended—
in subsection (a)(1)—
in subparagraph (U), by striking “and” at the end;
in subparagraph (V), by striking the period and inserting “; and”; and
by adding at the end the following new subparagraph:
“(W) the hazing reports prepared by the institution pursuant to subsection (n).”
by adding at the end the following new subsection:
“(n) Disclosures of hazing-Related misconduct
“(1) Mandatory hazing reports—Each eligible institution participating in any program under this title, other than a foreign institution of higher education, shall on August 1, 2021, begin to collect information with respect to hazing-related misconduct and anti-hazing policies of that institution, and beginning on January 1, 2022, and each July 1 and January 1 thereafter, prepare and make publicly available, in accordance with this subsection, a report containing the information required by this subsection.
“(2) Report content
“(A) In general—A report required by paragraph (1) shall include each finding by the institution that a student organization committed—
“(i) a violation of the institution’s standards of conduct, or of Federal, State, or local law, relating to hazing; or
“(ii) other conduct that threatens a student’s physical safety, including a violation involving the abuse or illegal use of alcohol or drugs.
“(B) Incident information—A report required by paragraph (1) shall include, for each finding by the institution of a violation described in subparagraph (A), the following:
“(i) The name of the student organization that committed the violation.
“(ii) A general description of the violation, the charges, the findings of the institution, and the sanctions placed on the organization.
“(iii) The dates on which—
“(I) the violation was alleged to have occurred;
“(II) the student organization was charged with misconduct;
“(III) the investigation was initiated; and
“(IV) the investigation ended with a finding that a violation occurred.
“(C) Exclusions—A report required by paragraph (1) shall not include—
“(i) any information related to allegations or investigations of hazing that do not result in a formal finding of a violation of the standards of conduct of the institution; or
“(ii) any personally identifiable information on any individual student or member of a student organization.
“(D) FERPA compliance—The report required by paragraph (1) shall be subject to the requirements of section 444 of the General Education Provisions Act (commonly known as the “Family Educational Rights and Privacy Act of 1974”).
“(3) Availability
“(A) Public website—Each institution shall provide, in a prominent location on the institution’s website, a link to the webpage that contains each report required under paragraph (1). Such webpage shall include a statement notifying the public—
“(i) of the availability of information including findings, sanctions, and the implementation of sanctions, except information protected under section 444 of the General Education Provisions Act (commonly known as the “Family Education Rights and Privacy Act of 1974”);
“(ii) a description of how a member of the public may obtain such information; and
“(iii) a statement that the institution is required to provide such information pursuant to the END ALL Hazing Act.
“(B) Notice in print—Each institution shall provide to all enrolled students and to each applicant for enrollment, a printed notice of the nature and availability of the reports required under paragraph (1), and the website address at which such reports are available.
“(C) Maintenance period—Each institution shall maintain each report required under paragraph (1) on its website for a period of 5 academic years.
“(4) Reports to law enforcement—Each institution participating in any program under this title, other than a foreign institution of higher education, shall report to campus police and appropriate law enforcement authorities any allegation of hazing that involved serious bodily injury or a significant risk of serious bodily injury that is reported to the institution, campus authorities, or any student organization officially recognized by the institution. Such an allegation shall be reported within 72 hours of when the institution is first notified of the allegation.
“(5) Applicability to multi-institution student organizations—In the case of an allegation that a multi-institution student organization was involved in a hazing incident, the requirements of this subsection shall apply only to the institution or institutions at which the students involved in such allegation are enrolled (or were formerly enrolled), including any student who was a victim in the alleged incident.
“(6) Definitions—In this subsection:
“(A) Hazing—The term ‘hazing’ means any intentional, knowing, or reckless act committed by a student, or a former student, of an institution of higher education, whether individually or in concert with other persons, against another student, that—
“(i) was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, any student organization; and
“(ii) causes, or contributes to a substantial risk of, physical injury, mental harm, or personal degradation.
“(B) Student organization
“(i) In general—The term ‘student organization’ means an organization that is officially recognized by or otherwise affiliated with an institution of higher education and that has a membership that is made up primarily of students enrolled at such institution.
“(ii) Multi-institution student organizations—The term ‘multi-institution student organization’ means a student organization that includes students from more than one institution of higher education, including city-wide, regional, State, and national chapters of student organizations.”
AA Report and Educate About Campus Hazing
Sec. 52901 Short title
This subtitle may be cited as the “Report and Educate About Campus Hazing Act” or the “REACH Act”.
Sec. 52902 Inclusion of hazing incidents in annual security reports
Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended—
in clause (i), by striking “and” at the end;
in clause (ii), by striking “and” at the end;
in clause (iii), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(iv) of hazing incidents that were reported to campus security authorities or local police agencies.”
Sec. 52903 Definition of hazing
Section 485(f)(6)(A) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(6)(A)) is amended by adding at the end the following:
“(vi) The term hazing means any intentional, knowing, or reckless act committed by a student, or a former student, of an institution of higher education, whether individually or in concert with other persons, against another student, that—
“(I) was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, any organization that is affiliated with such institution of higher education; and
“(II) contributes to a substantial risk of physical injury, mental harm, or degradation or causes physical injury, mental harm or personal degradation.”
Sec. 52904 Recording of hazing incidents
Section 485(f)(7) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(7)) is amended by inserting after the second sentence the following: “For hazing incidents, such statistics shall be compiled in accordance with the definition of that term in paragraph (6)(A)(vi).”
Sec. 52905 Educational program on hazing
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
“(30) The institution will provide students with an educational program on hazing (as that term is defined in section 485(f)(6)(A)(vi)), which shall include information on hazing awareness, hazing prevention, and institution’s policies on hazing.”
BB STOP Campus Hunger
Sec. 53001 Short title
This subtitle may be cited as the “Supporting Transparency to Overcome Poverty and Campus Hunger Act” or the “STOP Campus Hunger Act”.
Sec. 53002 Student eligibility information for nutrition assistance programs
Information dissemination activities— Section 485(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)) is amended—
in subparagraph (U), by striking the “and” at the end;
in subparagraph (V), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(W) the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under—
“(i) section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014); and
“(ii) section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
“(X) the contact information for the State agencies responsible for administration of the programs specified in clauses (i) and (ii) of subparagraph (W); and
“(Y) the food pantries and other food assistance facilities and services available to students enrolled in such institution.”
College Navigator website— Not later than 30 days after the date of the enactment of this Act, the Secretary of Education shall make available and annually update on the College Navigator Website the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under—
section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014); and
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
CC End Pandemic Hunger for College Students
Sec. 53101 Short title
This subtitle may be cited as the “End Pandemic Hunger for College Students Act of 2020”.
Sec. 53102 SNAP eligibility for low-income college students
In general— Notwithstanding any other provision of law, not later than 20 days after the date of the enactment of this Act, eligibility for supplemental nutrition assistance program benefits shall not be limited under section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for an individual who as of March 1, 2021, or anytime in the prior 30 days was—
enrolled at least half-time in an institution of higher education; and
participating in the supplemental nutrition assistance program.
State option—
Authority to adjust additional eligibility standards— In addition to the application of subsection (a) and if requested by a State agency or issued by nationwide guidance by the Secretary, the Secretary may adjust the eligibility standards under section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for individuals who are enrolled in an institution of higher education in any State affected by the outbreak of COVID–19. In making an adjustment authorized by this paragraph, the Secretary shall consider closures of facilities at institutions of higher education and any other factor that affects the ability of such individuals to meet such standards.
Readily approvable adjustment requests— The Secretary shall approve a request of a State agency to adjust the eligibility standards under section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)) for individuals who are enrolled at least half-time in an institution of higher education and—
are members of households, as described in section 3(m)(2) of such Act (7 U.S.C. 2012(m)(2)), who are otherwise eligible to participate in the supplemental nutrition assistance program; or
in the most recent academic year, had an expected family contribution of $0 as determined in accordance with part F of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.).
Sunset—
Initial applications— The eligibility standards authorized under subsections (a) and (b) shall be in effect for initial applications for the supplemental nutrition assistance program until 90 days after the COVID–19 public health emergency is lifted.
Recertifications— The eligibility standards authorized under subsections (a) and (b) shall be in effect until the first recertification of a household beginning no earlier than 90 days after the COVID–19 public health emergency is lifted.
Guidance—
In general— Not later than 10 days after the date of enactment of this Act, the Secretary shall issue guidance to State agencies on the temporary student eligibility requirements, and State options, established under this section.
Coordination with the Department of Education— The Secretary of Education, in consultation with the Secretary of Agriculture and institutions of higher education, shall carry out activities to inform applicants for Federal student financial aid under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) and students at institutions of higher education of the temporary student eligibility requirements established under this section.
Public availability— Not later than 10 days after the date of the receipt or issuance of each document listed in paragraphs (1), (2), or (3) of this subsection, the Secretary shall make publicly available on the website of the Department of Agriculture the following documents:
Any request submitted by State agencies under subsection (b).
The Secretary’s approval or denial of each such request.
Any guidance issued by the Secretary to carry out this section.
Definitions— In this section:
COVID–19— The term “COVID–19” has the meaning given such term in section 2102 of the CARES Act (Public Law 116–136).
COVID–19 public health emergency— The term “COVID–19 public health emergency” has the meaning given such term in section 2102 of the CARES Act (Public Law 116–136).
Secretary— The term “Secretary” means the Secretary of Agriculture.
State agency— The term “State agency” has the meaning given such term in section 3(s) of the Food and Nutrition Act (7 U.S.C. 2012(s)).
Supplemental nutrition assistance program— The term “supplemental nutrition assistance program” has the meaning given such term in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t)).
DD Supporting Connectivity for Higher Education Students in Need
Sec. 53201 Short title
This subtitle may be cited as the “Supporting Connectivity for Higher Education Students in Need Act”.
Sec. 53202 Funds to support
Regulations Required—
In general— Not later than 14 days after the date of enactment of this Act, the Assistant Secretary, in consultation with the Secretary of Education, shall promulgate regulations for the provision, from amounts made available from the Emergency Higher Education Connectivity Fund established under subsection (d)(1), of support to an institution of higher education for the purposes of providing eligible services and eligible equipment to students of that institution.
Content— The regulations promulgated under paragraph (1) shall—
prioritize support for—
an institution of higher education that is eligible to receive a grant under part A or B of title III or title V of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq., 1060 et seq., 1101 et seq.), including—
a historically Black college or university;
a Hispanic-serving institution;
a Tribal College or University; and
a minority-serving institution; and
a rural-serving institution;
provide a mechanism to require an institution of higher education to prioritize the provision of an eligible service or eligible equipment to a student who—
is eligible to receive a Federal Pell Grant;
is a recipient of any other need-based financial aid from the Federal Government, a State, or that institution of higher education;
is eligible for a Lifeline qualifying assistance program;
is a low-income individual, as that term is defined in section 312(g) of the Higher Education Act of 1965 (20 U.S.C. 1058(g));
is a first generation college student, as that term is defined in section 646.7 of title 34, Code of Federal Regulations (or any successor regulation);
has been approved to receive Federal or State unemployment insurance benefits since March 1, 2021; or
the institution of higher education believes lacks necessary connectivity for participating in distance learning or academic and student support services;
establish a schedule of reasonable per-student funding amounts for eligible services and eligible equipment supported under those regulations;
provide that—
an institution of higher education that purchases eligible equipment using support received under those regulations may, after the termination of those regulations under subsection (b), use that eligible equipment for purposes that the institution considers appropriate, subject to any restrictions provided in those regulations (or any successor regulations that are promulgated on or before the termination date described in paragraph (1) of that subsection);
no person that receives support under those regulations may sell or otherwise transfer eligible support or eligible equipment in exchange for anything (including a service) of value, except that such person may exchange that eligible equipment for upgraded equipment of the same type; and
an institution of higher education may use support received under those regulations to provide eligible services and eligible equipment in conjunction with other Federal funding if the total amount of Federal funding received by the institution is not greater than the cost of so providing the eligible services and eligible equipment; and
establish reasonable requirements—
for an institution of higher education to apply for support under those regulations;
for an institution of higher education to procure eligible services and eligible equipment with support obtained under those regulations;
with respect to reporting, recordkeeping, retention of documents, compliance, and audits for an institution of higher education that receives support under those regulations;
for payment and distribution of support to institutions of higher education under those regulations; and
with respect to any other processes that the Assistant Secretary, in consultation with the Secretary of Education, determines to be appropriate.
Termination of regulations—
In general— Subject to paragraph (2), the regulations promulgated under subsection (a) shall terminate on the date that is 60 days after the date on which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19, or any renewal of that declaration, terminates.
Continuity of funding— If, during the period in which the regulations promulgated under subsection (a) are in effect, the Assistant Secretary makes a commitment to provide support to an institution of higher education under those regulations, the Assistant Secretary may make a payment with respect to that commitment on any date that is on or before September 30, 2021.
Exemptions—
Notice and comment rulemaking requirements— Subsections (b), (c), and (d) of section 553 of title 5, United States Code, shall not apply with respect to a regulation promulgated under subsection (a) of this section or a rulemaking to promulgate such a regulation.
Paperwork Reduction Act requirements— A collection of information conducted or sponsored under the regulations promulgated under subsection (a) shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the “Paperwork Reduction Act”).
Emergency Higher Education Connectivity Fund—
Establishment— There is established in the Treasury of the United States a fund to be known as the “Emergency Higher Education Connectivity Fund”.
Appropriation— There is appropriated to the Emergency Higher Education Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $1,000,000,000 for fiscal year 2021, to remain available through fiscal year 2022.
Use of funds— Amounts in the Emergency Higher Education Connectivity Fund shall be available to the Assistant Secretary to provide support under the regulations promulgated under subsection (a).
Rule of Construction— Nothing in this section, any regulation promulgated under this section, or any policy established by an institution of higher education to implement this section or a regulation promulgated under this section may be construed to preclude any student from receiving support provided under this section or a regulation promulgated under this section.
Definitions— In this section:
Assistant Secretary— The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.
Broadband internet access service— The term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation).
Eligible equipment— The term eligible equipment means any of the following:
A laptop computer, tablet computer, or similar device capable of connecting to broadband internet access service.
A modem.
A router.
A device that combines a modem and a router.
A Wi-Fi hotspot.
Eligible service— The term eligible service means—
broadband internet access service; and
video-conferencing systems and services used for distance learning.
Federal Pell Grant— The term Federal Pell Grant means a grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a).
Hispanic-serving institution— The term Hispanic-serving institution has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
Historically Black college or university— The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
Institution of higher education— The term institution of higher education means—
an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
a postsecondary vocational institution, as that term is defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).
Lifeline qualifying assistance progam— The term Lifeline qualifying assistance program means a program described in section 54.400(j) of title 47, Code of Federal Regulations (or any successor regulation).
Minority-serving institution— The term minority-serving institution means any of the following:
An Alaska Native-serving institution (as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
A Native Hawaiian-serving institution (as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
A Predominantly Black institution (as that term is defined in section 371(c) of the Higher Education Act of 1965 (20 U.S.C. 1067q(c))).
An Asian American and Native American Pacific Islander-serving institution (as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
A Native American-serving, nontribal institution (as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b))).
A consortium of any of the following:
A historically Black college or university.
A Hispanic-serving institution.
A Tribal College or University.
An institution described in any of subparagraphs (A) through (E).
Rural-serving institution— The term rural-serving institution has the meaning given the term rural-serving institution of higher education in section 861(b) of the Higher Education Act of 1965 (20 U.S.C. 1161q(b)).
State— The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
Student— The term student, when used with respect to an institution of higher education, means an individual who, during the period in which the individual receives support under the regulations promulgated under subsection (a), is—
registered as a student with the institution;
enrolled in not less than 1 class of the institution; or
otherwise considered a student by the institution.
Tribal college or university— The term Tribal College or University has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c).
Wi-Fi— The term Wi-Fi means a wireless networking protocol based on Institute of Electrical and Electronics Engineers standard 802.11 (or any successor standard).
Wi-Fi hotspot— The term Wi-Fi hotspot means a device that is capable of—
receiving broadband internet access service; and
sharing broadband internet access service with another device through the use of Wi-Fi.
EE Black History is American History
Sec. 53301 Short title
This subtitle may be cited as the “Black History is American History Act”.
Sec. 53302 Findings
Congress finds the following:
Whereas since before its founding, the United States of America has benefited from and been enhanced by the integral role African Americans have played in our country’s history and contributions to the world.
Whereas African American history does not begin in the Americas. It can be traced back to the great empires of West Africa beginning in A.D. 790, which aided the establishment and survival of colonies in America and the New World, generally, and fought against European oppression.
Whereas African Americans have represented a significant portion of the American population from nearly 20 percent at the signing of the Declaration of Independence, almost all of whom, if not all, were victims of the largest forced deportations in recorded history, the transatlantic slave trade and resulting African diaspora. It is estimated over 10,000,000 free Africans were enslaved between the mid-fifteenth and nineteenth centuries during the diaspora.
Whereas slavery was not abolished and African Americans not acknowledged as American citizens until the mid-nineteenth century, servitude did not abate their contributions to the settlement, growth, and development of the United States, which continued through Post-Reconstruction, Jim Crow, industrialization, World Wars and conflicts, innovation and inventiveness, constitutional progress, and every aspect of American society.
Whereas during the civil rights movement of the 1950s and 1960s, civil rights leaders and activists championed the fight for equal rights, including voting rights, for all African Americans.
Whereas the seminal case of Brown v. Board of Education, decided May 17, 1954, found that the decades old policy of separate but equal access to education was inherently unequal, and the segregation of Black public-school students was no longer the law of the land.
Whereas African Americans continue to fight discrimination, structural racism, economic inequities, and benign and overt omission of the integral role they played in our country’s rise to greatness.
Whereas currently, 12 States (Arkansas, California, Colorado, Florida, Illinois, New Jersey, New York, Michigan, Mississippi, Rhode Island, South Carolina, and Texas) have passed educational laws requiring Black history be incorporated into the curricula of all public schools.
Whereas Congress established the National Museum of African American History and Culture in 2003 after decades of efforts to promote and highlight the contributions of African Americans, which serves as an indication of the national importance of examining Black history. Since opening in 2016, the museum has worked to educate the public on the American story through the lens of African American history and culture and provide educators, parents, caregivers, and students with tools and resources on the African American experience, its national impact, race, racism, and the importance of tolerance and inclusivity.
Whereas according to a 2015 research study conducted by the National Museum of African American History and Culture and reported in Research into the State of African American History and Culture in K–12 Public Schools, key findings indicated that teachers considered Black history as influential in understanding the complexity of United States history.
Whereas the importance of Black history is reflected in the National Assessment of Educational Progress United States History framework, from pre-colonization through contemporary America.
Whereas the Federal Government, through support for educational activities of national museums established under Federal law, can assist teachers in efforts to incorporate historically accurate instruction on the comprehensive history of African Americans and students in their exploration of Black history as an integral part of American history.
Sec. 53303 American history and civics education
Program authorized— Section 2231(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661(a)) is amended—
in the matter preceding paragraph (1), by inserting “, which shall include Black history,” after “American history”; and
in paragraph (2)—
by inserting “which shall include Black history,” after “American history,”; and
by inserting “, which shall include Black history” after “traditional American history”.
Presidential and Congressional academies for American History and Civics— Section 2232 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6662) is amended—
in subsection (a)—
in paragraph (1), by inserting “, which shall include Black history,” after “American History”; and
in paragraph (2), by inserting “, which shall include Black history,” after “American History”;
in subsection (c)(1), by inserting “, which shall include Black history,” after “American history”;
in subsection (e)—
in paragraph (1)—
by inserting “, which shall include Black history,” after “American history”;
in subparagraph (A)—
by inserting “, which shall include Black history,” after “teachers of American history”; and
by inserting “, which shall include Black history,” after “subjects of American history”; and
in subparagraph (B), by inserting “, which shall include Black history,” after “American history”;
in paragraph (2), by inserting “, which shall include Black history,” after “American history”; and
in paragraph (4), by inserting “, and with the Smithsonian Institution’s National Museum of African American History and Culture initiative providing programs and resources for educators and students” after “National Parks”; and
in subsection (f)—
by inserting “, which shall include Black history,” after “American history”;
in subparagraph (A), by inserting “, which shall include Black history,” after “American history”; and
in subparagraph (B), by inserting “, which shall include Black history,” after “American history”.
National activities— Section 2233 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6663) is amended—
in subsection (a), by inserting “which shall include Black history,” after “American history,”; and
in subsection (b), by inserting “which shall include Black history,” after “American history,”.
National assessment of educational progress— Section 303(b)(2)(D) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(2)(D)) is amended by inserting “(which shall include Black history)” after “history,”.
FF CAMPUS HATE Crimes
Sec. 53401 Short title
This subtitle may be cited as the “Creating Accountability Measures Protecting University Students Historically Abused, Threatened, and Exposed to Crimes Act” or the “CAMPUS HATE Crimes Act”.
Sec. 53402 Findings
Congress finds the following:
The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, known as hate crimes or crimes motivated by bias, poses a serious national problem.
Such violence motivated by hatred and bigotry endangers our citizens and disrupts the communities they live in, by tearing at the fabric of our Nation and our constitutional aspiration to create a stronger, more perfect union.
According to data obtained by the Southern Poverty Law Center, schools were a particularly common location for hate crimes to occur—including 150 incidents on college campuses in 33 States since November.
This level of violence demonstrates an unprecedented escalation in race and hate-based crime being committed on college campuses compared to recent years.
Hate groups have openly declared their efforts to establish a physical presence on college campuses and have specifically targeted young individuals and students for their messaging. Such efforts include placing fliers around campus, online organizing, and bringing national leaders to speak.
College campuses have become the ideal location for hate group activity because they traditionally embrace diversity, tolerance, and social justice and strive for equality and have created safe spaces for students of every gender and identity.
These are soft targets for such groups, because students are more curious and receptive to new, even radical, ideas than older individuals.
The Higher Education Act of 1965 and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act have enabled Federal authorities to understand, report, and where appropriate, investigate and prosecute hate crimes committed within the jurisdiction of an institution of higher education.
However, an enduring effort cannot be made to address the national problem posed by hate crimes if many of our institutions of higher education fail to properly evaluate, prepare, and implement an effective strategy to prevent and respond to such crimes.
The annual dissemination of relevant information to students and faculty regarding the institution's campus safety apparatus will provide for a more transparent and informed campus community on the infrastructure and process in place, and the assistance services available.
Federal financial assistance with regard to providing training, technical assistance, evaluation, and other associated services will allow school security and administration to understand the unique needs for the campus and the assistance to implement the proper safety plan to address those needs.
Amending the Program Participation Agreement between an institution of higher education and the Department of Education to include hate crime programs provides substantial assurance that campus climate and safety will become an increasing priority and focal point to the higher education community.
Modifying the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act will enable campus security and local law enforcement to more efficiently collaborate in detailing and recording information on crimes, including violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim.
The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal financial assistance to States and local jurisdictions.
Sec. 53403 Hate crime prevention and response
Part B of title I of the Higher Education Act of 1965 is amended by adding at the end the following:
“124. Hate crime prevention and response
“(a) Restriction on eligibility—Notwithstanding any other provision of law, no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any program under title IV, unless the institution certifies to the Secretary that the institution has adopted and has implemented a program to prevent and adequately respond to hate crimes within the jurisdiction of the institution or by students and employees that, at a minimum, includes—
“(1) the annual distribution to each student and employee of—
“(A) standards of conduct and the applicable sanctions that clearly prohibit, at a minimum, the acts or threats of violence, property damage, harassment, intimidation, or other crimes that specifically target an individual based on their race, religion, ethnicity, handicap, sexual orientation, gender, or gender identification by students and employees on the institution’s property or as a part of any of the institution’s activities;
“(B) a clear definition of what constitutes a hate crime or hate incident under Federal and State law or other applicable authority;
“(C) a description of the applicable legal sanctions under local, State, or Federal law for perpetrating a hate crime;
“(D) a description of any counseling, medical treatment, or rehabilitation programs that are available to students or employees that are victims of hate crimes or other hate-based incidences;
“(E) a description of applicable services for students to be able to switch dorms, classes, or make other arrangements should they feel unsafe in those spaces due to a hate crime which affects such space; and
“(F) a distinct statement that the institution will impose sanctions on students and employees (consistent with local, State, and Federal law), and a description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution, for violations of the standards of conduct required by subparagraph (A); and
“(2) a quadrennial review by the institution of the institution’s program to—
“(A) determine the program’s effectiveness and implement changes to the program if the changes are needed;
“(B) determine the number of hate crimes and fatalities that—
“(i) occur on the institution’s campus (as defined in section 485(f)(6)), or as part of any of the institution’s activities; and
“(ii) are reported to campus officials or nonaffiliated local law enforcement agencies with jurisdiction over the incident;
“(C) determine the number, type, and severity of sanctions described in paragraph (1)(F) that are imposed by the institution as a result of hate crimes and fatalities on the institution’s campus or as part of any of the institution’s activities; and
“(D) ensure that sanctions required by paragraph (1)(F) are consistently enforced.
“(b) Information availability—Each institution of higher education that provides the certification required by subsection (a) shall, upon request, make available to the Secretary and to the public a copy of each item required by subsection (a)(1) as well as the results of the biennial review required by subsection (a)(2).
“(1) Regulations
“(A) In general—The Secretary shall publish regulations to implement and enforce the provisions of this section, including regulations that provide for—
“(i) the periodic review of a representative sample of programs required by subsection (a); and
“(ii) a range of responses and sanctions for institutions of higher education that fail to implement their programs or to consistently enforce their sanctions, including information and technical assistance, the development of a compliance agreement, and the termination of any form of Federal financial assistance.
“(B) Inclusivity program—The sanctions required by subsection (a)(1)(F) that are imposed by the institution of higher education, may include an inclusivity program as an explicit condition of remaining enrolled at the institution of higher education, that the defendant successfully undertake educational classes or community service directly related to the community harmed by the respondent’s offense.
“(2) Appeals—Upon determination by the Secretary to terminate financial assistance to any institution of higher education under this section, the institution may file an appeal with an administrative law judge before the expiration of the 30-day period beginning on the date such institution is notified of the decision to terminate financial assistance under this section. Such judge shall hold a hearing with respect to such termination of assistance before the expiration of the 45-day period beginning on the date that such appeal is filed. Such judge may extend such 45-day period upon a motion by the institution concerned. The decision of the judge with respect to such termination shall be considered to be a final agency action.
“(3) Hate crime prevention and response grants
“(A) Program authority—The Secretary may make grants to institutions of higher education or consortia of such institutions, and enter into contracts with such institutions, consortia, and other organizations, to develop, implement, operate, improve, and disseminate programs of prevention, and education to reduce and eliminate hate crimes. Such grants or contracts may also be used for the support of a higher education center for hate crime prevention and response that will provide training, technical assistance, evaluation, dissemination, and associated services and assistance to the higher education community as determined by the Secretary and institutions of higher education.
“(B) Awards—Grants and contracts shall be awarded under subparagraph (A) on a by needs basis.
“(C) Applications—An institution of higher education or a consortium of such institutions that desires to receive a grant or contract under paragraph (A) shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require by regulation.
“(D) Additional requirements
“(i) Participation—In awarding grants and contracts under this subsection the Secretary shall make every effort to ensure—
“(I) the equitable participation of private and public institutions of higher education (including community and junior colleges); and
“(II) the equitable geographic participation of such institutions.
“(ii) Consideration—In awarding grants and contracts under this subsection the Secretary shall give appropriate consideration to institutions of higher education with limited enrollment.
“(E) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years.
“(4) Definition—The term “hate crime” means any criminal offense perpetrated against a person or property that was motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.”
Sec. 53404 Clery Act amendments
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended—
in paragraph (1)—
in subparagraph (C)—
by striking “and” at the end of clause (ii);
in clause (iii)—
by striking “encourage” and inserting “require”;
by inserting “, including hate crimes,” after “all crimes”; and
by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(i) policies encourage officer development training to specifically recognize, prevent, and respond to hate crimes.”
by adding at the end the following:
“(K) A statement of policy regarding hate-based crimes and the enforcement of Federal and State hate crime laws and a description of any hate crime prevention and response programs required under section 124.”
in paragraph (6)(A), by adding at the end the following:
“(vi) The term “hate crime” has the meaning given the term in section 124(b)(4).”
Sec. 53405 Program participation agreements
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
“(30) The institution will have hate crime prevention and response programs that the institution has determined to be accessible to any officer, employee, or student at the institution and which meets the requirements of section 124.”
Sec. 53406 Accrediting agency recognition
Section 496(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1099b(a)(5)) is amended—
in subparagraph (I), by striking “and” at the end;
in subparagraph (J), by inserting “and” after the semicolon; and
by inserting after subparagraph (J) and before the flush text, the following:
“(K) safety objectives with respect to hate crimes (defined in section 124(b)(4)) and the established measures and policies to combat such crimes;”
GG Educators Expense Deduction Modernization
Sec. 53501 Short title
This subtitle may be cited as the “Educators Expense Deduction Modernization Act”.
Sec. 53502 Increase in deduction for certain expenses of elementary and secondary school teachers
In general— Section 62(a)(2)(D) of the Internal Revenue Code of 1986 is amended by striking “$250” and inserting “$500”.
Inflation adjustment— Section 62(d)(3) of such Code is amended to read as follows:
“(3) Inflation adjustment—In the case of any taxable year beginning after 2019, the $500 amount in subsection (a)(2)(D) shall be increased by an amount equal to—
“(A) such dollar amount, multiplied by
“(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2018” for “calendar year 2016” in subparagraph (A)(ii) thereof.”
Effective date— The amendments made by this section shall apply with respect to taxable years beginning December 31, 2018.
HH Beyond the Box for Higher Education
Sec. 53601 Short title
This subtitle may be cited as the “Beyond the Box for Higher Education Act of 2020”.
Sec. 53602 Findings
Congress finds the following:
An estimated 70,000,000 Americans have some type of arrest or conviction record that would appear in a criminal background check.
Each year, more than 600,000 people return to society from State or Federal prison.
Nearly 11,000,000 Americans are admitted to city and county jails each year, with an average daily population of more than 700,000 people.
An estimated 2,100,000 youth under the age of 18 are arrested every year in the United States.
1,700,000 juvenile delinquency cases are disposed of in juvenile courts annually.
Juvenile records are not always confidential; many States disclose information about youth involvement with the juvenile justice system or do not have procedures to seal or expunge juvenile records.
The compounding effects of collateral consequences due to criminal justice involvement hinder the ability of individuals to reenter society successfully.
People of color and low-income people are disproportionately impacted by the collateral consequences of criminal justice involvement.
Incarceration leads to decreased earnings, unemployment, and poverty.
Upon reentry, lower educational attainment, a lack of work skills or history, and the stigma of a criminal record can hinder a formerly incarcerated person’s ability to return to their communities successfully.
One way to improve reentry outcomes is to increase educational opportunities for people with a criminal or juvenile justice history.
By reducing rearrests and reconvictions, and by increasing educational attainment, formerly incarcerated individuals are better situated to find stable employment, contributing to their communities.
Sec. 53603 Beyond the box for higher education
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:
“124. Beyond the box for higher education
“(a) Training and technical assistance
“(1) In general—The Secretary, acting through the Office of Policy, Planning, and Innovation of the Office of Postsecondary Education of the Department and with consultation from the Department of Justice and relevant community stakeholders, shall issue guidance and recommendations for institutions of higher education to remove criminal and juvenile justice questions from their application for admissions process.
“(2) Guidance and recommendations—The guidance and recommendations issued under paragraph (1) shall include the following:
“(A) If an institution of higher education collects criminal or juvenile justice information on applicants for admission, it is recommended that the institution determine whether this information is necessary to make an informed admission decision and whether it would be appropriate to remove these questions from the application.
“(B) If an institution of higher education determines that it is appropriate to remove criminal or juvenile justice questions from the institution's application for admissions process, it is recommended that the institution comply with the following:
“(i) If criminal or juvenile justice questions are necessary for the other aspects of the institution's interactions with applicants, identify those specific interactions in which it is appropriate to ask such questions.
“(ii) In nonadmissions interactions, inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible how to respond to the inquiry.
“(iii) In nonadmissions inquiries about criminal or juvenile justice history, ensure the questions are specific and narrowly focused, and make it clear that answering the questions may not negatively impact applicants’ chances of enrollment.
“(iv) In nonadmissions inquiries about criminal or juvenile justice history, give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study.
“(v) Provide staff of the institution who have access to a prospective or current student’s criminal or juvenile justice history, the necessary and proper training on the effective use of criminal or juvenile justice history data, including the problems associated with this information, the types of supporting documents that may need to be obtained, and the appropriate privacy protections that must be put in place.
“(C) If an institution of higher education determines that it is necessary to inquire about the criminal or juvenile justice history of applicants for admission, it is recommended that the institution comply with the following:
“(i) Delay the request for, or consideration of, such information until after an admission decision has been made to avoid a chilling effect on applicants whose criminal or juvenile justice involvement may ultimately be determined irrelevant by the institution.
“(ii) Provide notice and justification for applicants within 30 days if, upon receiving information regarding applicants’ criminal or juvenile justice involvement, the admission to the institution is denied or rescinded based solely on the applicant's criminal or juvenile justice involvement.
“(iii) Inquire about criminal or juvenile justice history transparently and clearly inform applicants as early as possible in the application process how to respond to the inquiry.
“(iv) Ensure the questions are specific and narrowly focused.
“(v) Give applicants the opportunity to explain criminal or juvenile justice involvement and preparedness for postsecondary study.
“(vi) Provide admissions personnel, registrars, and any other relevant staff of the institution, as well as any other staff that should have access to a prospective or current student’s criminal or juvenile justice history, the necessary and proper training on the effective use of criminal or juvenile justice history data, including the biases or limitations associated with this information, the types of supporting documents that may need to be obtained, and the appropriate privacy protections that must be put in place.
“(3) Training and technical assistance
“(A) In general—The Secretary, acting through the Office of Postsecondary Education of the Department, shall use funds available to the Department to provide institutions of higher education with training and technical assistance on developing policies and procedures aligned with the recommendations described in paragraph (2).
“(B) Training—The training described in subparagraph (A) shall include—
“(i) training for admissions and financial aid personnel and enrollment management staff of an institution of higher education to understand and evaluate an applicant if—
“(I) the institution makes a determination under paragraph (2)(A) to continue asking criminal or juvenile justice history questions in the admissions process; or
“(II) the institution makes a determination under paragraph (2)(A) to remove criminal or juvenile justice history questions in the admissions process, but continues to make criminal or juvenile justice history inquiries in nonadmissions settings;
“(ii) training to ensure that if an institution does not ask criminal or juvenile justice history questions, that proxy questions or factors are not used in lieu of criminal or juvenile justice history information;
“(iii) training for financial aid personnel and any other staff of an institution of higher education involved with campus employment to provide guidance related to work study programs or on campus employment available to formerly incarcerated or juvenile adjudicated individuals;
“(iv) training for registrars, academic counselors, student housing staff, student life staff, and any other staff of an institution of higher education who would have access to a student’s criminal or juvenile justice information when the student is an enrolled student; and
“(v) training for career counselors to ensure that students with involvement in the criminal or juvenile justice system are provided with targeted career guidance, made aware of potential barriers to employment or licensure, and provided assistance to respond to these barriers.
“(b) Resource center—The Secretary shall develop a resource center that will serve as the repository for—
“(1) best practices as institutions of higher education develop and implement practices aligned with the recommendations described in subsection (a)(2) to ensure the successful educational outcomes of students with criminal or juvenile justice histories; and
“(2) supplemental research on criminal and juvenile justice-involved individuals and postsecondary education.”
Sec. 53604 Financial aid
Section 483(a) of the Higher Education Act of 1965 (20 U.S.C. 1090(a)) is amended by adding at the end the following:
“(13) Restriction on question of conviction for possession or sale of illegal drugs—Notwithstanding any other provision of law, the Secretary shall not include on any form developed under this section, a question about the conviction of an applicant for the possession or sale of illegal drugs.”
II United States Territories College Access
Sec. 53701 Short title
This subtitle may be cited as the “United States Territories College Access Act”.
Sec. 53702 Purpose
It is the purpose of this subtitle to establish a program that enables college-bound residents of the outlying areas to have greater choices among institutions of higher education.
Sec. 53703 College access grants
Grants—
In general—
Allocation to outlying areas— From the total amount appropriated under subsection (n) for a fiscal year, the Secretary shall allocate 25 percent to each of the outlying areas to make grants to eligible institutions in accordance with subparagraph (B).
Grants to eligible institutions— From the amount allocated to an outlying area under subparagraph (A) for a fiscal year, the Governor of the outlying area shall carry out a program under which the Governor awards grants to eligible institutions, on behalf of each eligible student from the outlying area who is enrolled in such institution, to pay the difference between—
the base amount of tuition and fees charged to the eligible student; and
the base amount of tuition and fees charged to a student of the institution who is a resident of the State in which the institution is located.
Maximum student amounts— The amount paid on behalf of an eligible student under this section shall be—
not more than $15,000 for any one award year (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)); and
not more than $45,000 in the aggregate.
Proration— In the case of a grant made under this section on behalf of an eligible student who is attending an eligible institution on a less than full-time basis, the amount of the grant shall be reduced in proportion to the degree to which that student is not so attending on a full-time basis.
Reduction for insufficient appropriations—
In general— If the funds appropriated pursuant to subsection (n) for any fiscal year are insufficient to enable the Governor of an outlying area to award a grant in the amount determined under subsection (a) on behalf of each eligible student from the outlying area enrolled in an eligible institution, then the Governor, in consultation with the Secretary, shall—
first, ratably reduce the amount of the tuition and fee payment made on behalf of each eligible student from the outlying area who has not received funds under this section for a preceding year; and
after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payments made on behalf of all other eligible students from the outlying area.
Adjustments— The Governor of an outlying area, in consultation with the Secretary, may adjust the amount of tuition and fee payments made under paragraph (1) based on—
the financial need of the eligible students to avoid undue hardship to the eligible students; or
undue administrative burdens on the Governor.
Further adjustments— Notwithstanding paragraphs (1) and (2), the Governor of an outlying area may prioritize the making or amount of tuition and fee payments under this subsection based on the income and need of eligible students.
Rule of construction— Nothing in this section shall be construed to require an institution of higher education to alter the institution’s admissions policies or standards in any manner to enable an eligible student to enroll in the institution.
Applications— Each student desiring that a Governor award a grant under this section to an eligible institution on behalf of the student shall submit an application to the eligible institution at such time, in such manner, and accompanied by such information as the eligible institution may require.
Employment agreement—
In general— Except as provided in subsection (f), each application submitted under subsection (d) shall contain or be accompanied by an agreement by the applicant that the applicant will—
maintain full-time employment within the outlying area where the applicant was domiciled, as described in subsection (l)(3)(A), for a period of not less than 2 years within the 4-year period after the date the applicant completes the course of study for which the applicant received grant assistance under this section; and
submit evidence of such employment in the form of a certification by the employer upon completion of each year of such employment.
Failure or refusal to carry out employment obligation— In the event that an applicant is determined to have failed or refused to carry out the employment obligation described in paragraph (1), the sum of the grant assistance under this section received by such applicant shall be treated as a loan and collected from the applicant in accordance with subsection (f) and the policies and procedures under subsection (h)(2).
Repayment for failure To complete employment— In the event that a student on whose behalf a grant is made under this section fails or refuses to comply with the employment obligation in the agreement under subsection (e), the sum of the amounts of any such grant received by such student shall, upon a determination of such a failure or refusal in such employment obligation, be treated as a loan, and shall be subject to repayment, together with interest thereon accruing from the date of the grant award, in accordance with terms and conditions specified by the Governor through policies and procedures under subsection (h)(2).
Extenuating circumstances—
In general— Each Governor shall identify extenuating circumstances under which a student on whose behalf a grant is made under this section who is unable to fulfill all or part of the student’s employment obligation under subsection (e) may be excused from fulfilling that portion of the employment obligation.
Continuous enrollment— If a student on whose behalf a grant is made under this section is continuously enrolled at an institution of higher education in one or more postbaccalaureate programs and is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)), the employment obligation in the agreement under subsection (e) shall begin once such recipient is no longer continuously enrolled.
Administration of program—
In general— Each Governor shall carry out the program authorized under this section in consultation with the Secretary. Each Governor may enter into a grant, contract, or cooperative agreement with another public or private entity to administer the program under this section if the Governor determines that doing so is a more efficient way of carrying out the program.
Policies and procedures— Each Governor, in consultation with institutions of higher education eligible for participation in the program authorized under this section, shall develop policies and procedures for the administration of the program.
Memorandum of agreement— Each Governor and the Secretary shall enter into a memorandum of agreement that describes—
the manner in which the Governor shall consult with the Secretary with respect to administering the program authorized under this section; and
any technical or other assistance to be provided to the Governor by the Secretary for purposes of administering the program (which may include access to the information in the common financial reporting form developed under section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090)).
Governor’s report— Each Governor shall report to the authorizing committees annually regarding—
the number of eligible students from the outlying area attending each eligible institution and the amount of the grant assistance paid to such institutions on behalf of the eligible students;
the extent, if any, to which a ratable reduction was made in the amount of tuition and fee payments made on behalf of eligible students from the outlying area;
the progress in obtaining recognized academic credentials of the cohort of eligible students from the outlying area for each year; and
the number of eligible students whose grant assistance under this section has been converted to a loan, and the repayment of such loans.
GAO report— Beginning on the date of enactment of this section, the Comptroller General of the United States shall monitor the effect of the program authorized under this section on educational opportunities for eligible students. The Comptroller General shall analyze whether eligible students had difficulty gaining admission to eligible institutions because of any preference afforded in-State residents by eligible institutions, and shall expeditiously report any findings regarding such difficulty to the authorizing committees. In addition, the Comptroller General shall—
analyze the extent to which there are an insufficient number of eligible institutions to which students from outlying areas can gain admission, including admission aided by assistance provided under this section, due to—
caps on the number of out-of-State students the institution will enroll;
significant barriers imposed by academic entrance requirements (such as grade point average and standardized scholastic admissions tests); and
absence of admission programs benefitting minority students; and
report the findings of the analysis described in paragraph (1) to the authorizing committees.
General requirements—
Personnel— The Secretary shall arrange for the assignment of an individual, pursuant to subchapter VI of chapter 33 of title 5, United States Code, to serve as an adviser to each Governor with respect to the program authorized under this section.
Administrative expenses— Each Governor may use not more than 5 percent of the funds made available for the program authorized under this section for a fiscal year to pay the administrative expenses of the program for the fiscal year.
Inspector general review— The program authorized under this section shall be subject to audit and other review by the Inspector General of the Department of Education in the same manner as programs are audited and reviewed under the Inspector General Act of 1978 (5 U.S.C. App.).
Gifts— Each Governor may accept, use, and dispose of donations of services or property for purposes of carrying out this section.
Maximum student amount adjustments— Each Governor shall establish rules to adjust the maximum student amounts described in subsection (a)(2)(B) for eligible students who transfer between the eligible institutions.
Definitions— In this section:
Authorizing committees— The term authorizing committees has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
Eligible institution— The term eligible institution means an institution that—
is a public 4-year institution of higher education located in one of the several States of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;
is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and
enters into an agreement with a Governor containing such terms and conditions as the Governor and institution may jointly specify, including a requirement that the institution use the funds made available under this section to supplement and not supplant assistance that otherwise would be provided to eligible students.
Eligible student— The term eligible student means an individual who—
was domiciled in the outlying area from which a grant is sought under this section for not less than the 12 consecutive months preceding the commencement of the freshman year of the individual at an institution of higher education;
graduated from a secondary school in such outlying area, or received the recognized equivalent of a secondary school diploma while domiciled in such outlying area, on or after January 1, 2015;
begins the individual’s undergraduate course of study within the 3 calendar years (excluding any period of service on active duty in the Armed Forces, or service under the Peace Corps Act (22 U.S.C. 2501 et seq.) or subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.)) of graduation from a secondary school, or obtaining the recognized equivalent of a secondary school diploma;
is enrolled or accepted for enrollment, on at least a half-time basis, in a baccalaureate degree or other program (including a program of study abroad approved for credit by the eligible institution at which such student is enrolled) leading to a recognized educational credential at an eligible institution;
if enrolled in an eligible institution, is maintaining satisfactory progress in the course of study the student is pursuing in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c));
while enrolled in an eligible institution, maintains the outlying area where the applicant was domiciled pursuant to subparagraph (A) as the individual’s principal place of residence for purposes of the laws of such outlying area; and
has not completed the individual’s first undergraduate baccalaureate degree course of study.
Institution of higher education— The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
Governor— The term Governor means—
the Governor of the United States Virgin Islands, with respect to the grants authorized to be made by such Governor under subsection (a);
the Governor of the Commonwealth of the Northern Mariana Islands, with respect to the grants authorized to be made by such Governor under subsection (a);
the Governor of Guam, with respect to the grants authorized to be made by such Governor under subsection (a); and
the Governor of American Samoa, with respect to the grants authorized to be made by such Governor under subsection (a).
Outlying area— The term outlying area means any of those insular areas specified under section 8101(36)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(A)).
Secondary school— The term secondary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Secretary— The term Secretary means the Secretary of Education.
State— Except as used in paragraph (2)(A), the term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
Effective date— This section shall take effect with respect to payments for periods of instruction that begin on or after January 1, 2021.
Authorization of appropriations— There are authorized to be appropriated to carry out this section $40,000,000 for each of the fiscal years 2022 through 2027, and such sums as may be necessary for each of the succeeding fiscal years. Such funds shall remain available until expended.
JJ Relief from Excessive Debt
Sec. 53901 Short title
This subtitle may be cited as the “Relief from Excessive Debt Act” or the “RED Act”.
Sec. 53902 Exception to discharge
Sec. 53903 Conforming amendments
Title 11, United States Code, is amended—
in section 704(c)(1)(C)(iv)(I) by striking “(14A)” and inserting “(14)”;
in section 1106(c)(1)(C)(iv)(I) by striking “(14A)” and inserting “(14)”;
in section 1202(c)(1)(C)(iv)(I) by striking “(14A)” and inserting “(14)”; and
in section 1328(a)(2) by striking “(8), or (9)” and inserting “or (8)”.
Sec. 53904 Effective date; application of amendments
Effective date— Except as provided in subsection (b), this subtitle and the amendments made by this subtitle shall take effect on the date of the enactment of this Act.
Application of amendments— The amendments made by this subtitle shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.
KK Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma
Sec. 54001 Short title
This subtitle may be cited as the “Ending Punitive, Unfair, School-based Harm that is Overt and Unresponsive to Trauma Act of 2020” or the “Ending PUSHOUT Act of 2020”.
Sec. 54002 Purpose
It is the purpose of this subtitle to—
strengthen data collection related to exclusionary discipline practices in schools and the discriminatory application of such practices, which disproportionately impacts students of color, particularly girls of color;
eliminate the discriminatory use and overuse of exclusionary discipline practices based on actual or perceived race, ethnicity, color, national origin, sex (including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or other stereotype related to sex), or disability; and
prevent the criminalization and pushout of students from school, especially Black and brown girls, as a result of educational barriers that include discrimination, punitive discipline policies and practices, and a failure to recognize and support students with mental health needs or experiencing trauma.
Sec. 54003 Strengthening civil rights data collection with respect to exclusionary discipline in schools
In general— The Assistant Secretary for Civil Rights shall annually carry out data collection authorized under section 203(c)(1) of the Department of Education Organization Act (20 U.S.C. 3413(c)(1)), which shall include data with respect to students enrolled in a public preschool, elementary, or secondary school (including traditional public, charter, virtual, special education school, and alternative schools) who received the following disciplinary actions during the preceding school year:
Suspension (including the classification of the suspension as in-school suspension or out-of-school suspension), which shall include data with respect to—
the number of students who were suspended;
the number and length of suspensions each such student received;
the reason for each such suspension, including—
a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense;
a violation of an appearance or grooming policy;
an act of insubordination;
willful defiance; and
a violation of a school code of conduct; and
the number of days of lost instruction due to each out-of-school suspension.
Expulsion, which shall include data with respect to—
the number of students who were expelled; and
the reason for each such expulsion, including—
a violation of a zero-tolerance policy and whether such violation was due to a violent or nonviolent offense;
a violation of an appearance or grooming policy;
an act of insubordination, willful defiance, or violation of a school code of conduct; and
the use of profane or vulgar language.
The number of students subject to an out-of-school transfer to a different school, including a virtual school, and if so, the primary reason for each such transfer.
The number of students subject to a referral to law enforcement, including the primary reason for each such referral, and whether such referral resulted in an arrest.
Report—
In general— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary, acting through the Assistant Secretary for Civil Rights, shall submit to Congress a report on the data collected under subsection (a).
Requirements— The report required under paragraph (1) shall—
identify, with respect to the data collected under subsection (a), schools, local educational agencies, and States that demonstrate, in the opinion of the Secretary, the overuse and discriminatory use of exclusionary disciplinary practices;
be disaggregated and cross tabulated by—
enrollment in a preschool or in an elementary school and secondary school by grade level;
race;
ethnicity;
sex (including, to the extent possible, sexual orientation and gender identity);
low-income status;
disability status (including students eligible for disability under the Individuals with Disabilities Education Act (20 U.S.C. 1401 et. seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794));
English learner status;
Tribal citizenship or descent, in the first or second degree, of an Indian Tribe; and
if applicable, pregnant and parenting student status;
be publicly accessible in multiple languages, accessibility formats, and provided in a language that parents, family, and community members can understand; and
be presented in a manner that protects the privacy of individuals consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g), commonly known as the “Family Educational Rights and Privacy Act of 1974”.
Sec. 54004 Grants to reduce exclusionary school discipline practices
In general— The Secretary shall award grants (which shall be known as the “Healing School Climate Grants”), on a competitive basis, to eligible entities for the purpose of reducing the overuse and discriminatory use of exclusionary discipline practices in schools.
Application— An eligible entity seeking 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, including an assurance that the eligible entity shall prioritize schools with the highest rates of suspensions and expulsions.
Program requirement— An eligible entity that receives a grant under subsection (a) shall prohibit the use of—
out-of-school suspension or expulsion for any student in preschool through grade 5 for incidents that do not involve serious bodily injury;
out-of-school suspension or expulsion for any student in preschool through grade 12 for insubordination, willful defiance, vulgarity, truancy, tardiness, chronic absenteeism, or as a result of a violation of a grooming or appearance policy;
corporal punishment;
mechanical and chemical restraints of students;
physical restraints of students, except in situations involving imminent danger of serious physical harm; and
seclusion.
Use of funds—
Required uses— An eligible entity that receives a grant under this section shall use funds to—
evaluate the current discipline policies of a school and, in partnership with students (including girls of color), the family members of students, and the local community of such school, develop discipline policies for such school to ensure that such policies are not exclusionary or discriminately applied toward students;
provide training and professional development for teachers, principals, school leaders, and other school personnel to avoid or address the overuse and discriminatory disproportionate use of exclusionary discipline practices in schools and to create awareness of implicit and explicit bias and use culturally affirming practices, including training in—
identifying and providing support to students who may have experienced or are at risk of experiencing trauma or have other mental health needs;
administering and responding to assessments on adverse childhood experiences;
providing student-centered, trauma-informed positive behavior management intervention and support that creates safe and supportive school climates;
using restorative practices;
using culturally and linguistically responsive intervention strategies;
developing social and emotional learning competencies; and
increasing student engagement and improving dialogue between students and teachers;
implement evidence-based alternatives to suspension or expulsion, including—
multi-tier systems of support, such as schoolwide positive behavioral interventions and supports;
social, emotional, and academic learning strategies designed to engage students and avoid escalating conflicts; and
other data-driven approaches to improving school environments;
improve behavioral and academic outcomes for students by creating a safe and supportive learning environment and school climate, which may include—
restorative practices with respect to improving relationships among students, school officials, and members of the local community, which may include partnering with local mental health agencies or nonprofit organizations;
access to mentors and peer-based support programs;
extracurricular programs, including sports and art programs;
social and emotional learning strategies designed to engage students and avoid escalating conflicts;
access to counseling, mental health programs, and trauma-informed care programs, including suicide prevention programs; and
access to culturally responsive curricula that affirms the history and contributions of traditionally marginalized people and communities;
hire social workers, school counselors, trauma-informed care personnel, and other mental health personnel; and
support the development, delivery, and analysis of school climate surveys.
Prohibited uses— An eligible entity that receives a grant under this section may not use funds to—
hire or retain law enforcement personnel, including school resource officers;
purchase, maintain, or install surveillance equipment, including metal detectors or software programs that monitor or mine the social media use or technology use of students;
arm teachers, principals, school leaders, or other school personnel; and
enter into formal or informal partnerships or data and information sharing agreements with—
the Secretary of Homeland Security, including agreements with U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection; or
local law enforcement agencies, including partnerships that allow for hiring of school-based police and school resource officers.
Technical assistance— The Secretary, in carrying out subsection (a), may reserve not more than 2 percent of funds to provide technical assistance to eligible entities, which may include—
support for data collection, compliance, and analysis of the activities of the program authorized under subsection (a); and
informational meetings and seminars with respect to the application process under subsection (b).
Eligible entities— In this section, the term eligible entity means—
1 or more local educational agencies (who may be partnered with a State educational agency), including a public charter school that is a local educational agency under State law or local educational agency operated by the Bureau of Indian Education; or
a nonprofit organization (defined as an organization described in section 501(c)(3) of the Internal Revenue Code, which is exempt from taxation under section 501(a) of such Code) with a track record of success in improving school climates and supporting students.
Sec. 54005 Joint task force to end school pushout of girls of color
Establishment— The Secretary and the Secretary of Health and Human Services shall establish and operate a joint task force to end school pushout (in this section referred to as the “Joint Task Force”).
Composition—
Chairs— The Secretary and the Secretary of Health and Human Services shall chair the Joint Task Force.
Members— The Joint Task Force shall be composed of—
Native American girls;
students, including Black and brown girls;
teachers;
parents with children in school;
school officials;
representatives from civil rights and disability organizations;
psychologists, social workers, trauma-informed personnel, and other mental health professionals; and
researchers with experience in behavioral intervention.
Advisory members— In addition to the members under paragraph (2), the Assistant Attorney General of the Civil Rights Division of the Department of Justice and the Director of the Bureau of Indian Education shall be advisory members of the Joint Task Force.
Member appointment— Not later than 60 days after the date of the enactment of this Act, the Secretary and the Secretary of Health and Human Services shall appoint the members of the Joint Task Force—
in accordance with paragraph (2);
using a competitive application process; and
with consideration to the racial, ethnic, gender, and geographic diversity of the Joint Task Force.
Study and recommendations— The Joint Task Force shall—
conduct a study to—
identify best practices for reducing the overuse and discriminatory use of exclusionary discipline practices; and
determine to what extent exclusionary discipline practices contribute to the criminalization of—
girls of color;
English learners;
Native American girls;
students who identify as lesbian, gay, bisexual, transgender, queer, or questioning; and
students with disabilities; and
develop recommendations based on the study conducted under paragraph (1).
Report— Not later than 360 days after the date of the enactment of this Act, and biannually thereafter, the Secretary and the Secretary of Health and Human Services shall submit to Congress a report on the recommendations under subsection (c)(2).
Sec. 54006 Authorization of appropriation
In general— There is authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2026 to carry out sections 54004 and 54005.
Additional funding to the Office for Civil Rights— There is authorized to be appropriated $500,000,000 for fiscal year 2022 through 2026, and each fiscal year thereafter, to carry out section 54003.
Sec. 54007 Definitions
In this subtitle:
Act of insubordination— The term act of insubordination means an act that disrupts a school activity or instance when a student willfully defies the valid authority of a school official.
Appearance or grooming policy— The term appearance or grooming policy means any practice, policy, or portion of a student conduct code that governs or restricts the appearance of students, including policies that—
restrict or prescribe clothing that a student may wear (such as hijabs, headwraps, or bandanas);
restrict specific hair styles (such as braids, locks, twists, bantu knots, cornrows, extensions, or afros); or
restrict whether or how a student may apply make-up, nail polish, or other cosmetics.
Chemical restraint— The term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not—
prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and
administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the authority of a health professional under State law.
Direct supervision— The term direct supervision means a student is physically in the same location as a school official and such student is under the care of the school official or school.
Disability— The term disability means a mental or physical disability that meets the conditions set forth in clauses (i) and (ii) of section 602(3)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i) and (ii)).
Elementary and Secondary Education Act terms— The terms elementary school, English learner, local educational agency, secondary school, and State educational agency has the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Gender identity— The term gender identity means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual regardless of the designated sex at birth of the individual.
Indian tribe— The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).
In-school suspension— The term in-school suspension means an instance in which a student is temporarily removed from a regular classroom for at least half a day but remains under the direct supervision of a school official.
Mechanical restraint— The term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), except that the meaning shall be applied by substituting “student” for “resident”.
Multi-tier system of supports— The term multi-tier system of supports means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to the needs of students, with regular observation to facilitate data-based instructional decision making.
Out-of-school suspension— The term out-of-school suspension means an instance in which a student is excluded from school for disciplinary reasons by temporarily being removed from regular classes to another setting, including a home or behavior center, regardless of whether such disciplinary removal is deemed as a suspension by school officials.
Physical escort— The term physical escort has the meaning given the term in section 595(d)(2) of the Public Health Service Act (42 U.S.C. 290jj(d)(2)), except that the meaning shall be applied by substituting “student” for “resident”.
Physical restraint— The term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, torso, or head freely, except that such term does not include a physical escort, mechanical restraint, or chemical restraint.
Positive behavior intervention and support— The term positive behavior intervention and support means using a systematic and evidence-based approach to achieve improved academic and social outcomes for students.
Pushout— The term pushout means an instance when a student leaves elementary, middle or secondary school, including a forced transfer to another school, prior to graduating secondary school due to overuse of exclusionary discipline practices, failure to address trauma or other mental health needs, discrimination, or other educational barriers that do not support or promote the success of a student.
School official— The term school official means a teacher, school principal, administrator, or other personnel engaged in the performance of duties with respect to a school.
Seclusion— The term seclusion means the involuntary confinement of a student alone in a room or area where the student is physically prevented from leaving, and does not include a time out.
Secretary— The term Secretary means the Secretary of Education.
Serious bodily injury— The term serious bodily injury has the meaning given that term in section 1365(h)(3) of title 18, United States Code.
Sexual orientation— The term “sexual orientation” means homosexuality, heterosexuality, or bisexuality.
Special education school— The term special education school means a school that focuses primarily on serving the needs of students who qualify as “a child with a disability” as that term is defined under section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) or are subject to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
Time out— The term time out has the meaning given the term in section 595(d)(5) of the Public Health Service Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be applied by substituting “student” for “resident”.
Zero-tolerance policy— The term zero-tolerance policy is a school discipline policy that results in an automatic disciplinary consequence, including out-of-school suspension, expulsion, and involuntary school transfer.
LL Building Resources Into Digital Growth and Education
Sec. 54101 Short title
This subtitle may be cited as the “Building Resources Into Digital Growth and Education Act of 2020” or the “BRIDGE Act of 2020”.
Sec. 54102 Establishment of program
The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following:
“D Digital Network Technology Program
“171. Program authorized
“The Secretary shall establish, within the Technology Opportunities Program of the NTIA, a digital network technology program through which the Secretary awards grants, cooperative agreements, and contracts to eligible institutions to assist such institutions in acquiring, and augmenting use by such institutions of, broadband internet access service to improve the quality and delivery of educational services provided by such institutions.
“172. Activities supported
“An eligible institution shall use a grant, contract, or cooperative agreement awarded under this part—
“(1) to acquire broadband internet access service, digital network technology, and infrastructure to further the objective of the program described in section 171;
“(2) to develop and provide training, education, and professional development programs, including faculty development, to increase the use of, and usefulness of, broadband internet access service;
“(3) to provide teacher education, including the provision of preservice teacher training and in-service professional development at eligible institutions, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use broadband internet access service in the classroom or instructional process, including instruction in science, mathematics, engineering, and technology subjects;
“(4) to obtain capacity-building technical assistance, including through remote technical support, technical assistance workshops, and distance learning services;
“(5) to foster the use of broadband internet access service to improve research and education, including scientific, mathematics, engineering, and technology instruction; or
“(6) to create or support centers at the eligible institution designed to support innovation, opportunity, and advancement for entrepreneurs and start-ups.
“173. Application and review procedures
“(a) In general—To be eligible to receive a grant, contract, or cooperative agreement under this part, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application, at a minimum, shall include a description of how the funds will be used, including a description of any digital network technology to be acquired, and a description of how the institution will ensure that broadband internet access service will be made accessible to, and employed by, students, faculty, and administrators. The Secretary, in consultation with the advisory council established under subsection (b) and consistent with subsection (c), shall establish procedures to review such applications. The Secretary shall publish the application requirements and review criteria in the Federal Register, along with a statement describing the availability of funds.
“(b) Advisory council—The Secretary shall establish an advisory council to advise the Secretary on the best approaches to encourage maximum participation by eligible institutions in the program established under this part, and on the procedures to review applications submitted to the program. In selecting the members of the advisory council, the Secretary shall consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council includes representatives of minority businesses and eligible institution communities. The Secretary shall also consult with experts in digital network technology to ensure that such expertise is represented on the advisory council.
“(c) Review panel—Each application submitted under this part by an eligible institution shall be reviewed by a panel of individuals selected by the Secretary to judge the quality and merit of the proposal, including the extent to which the eligible institution can effectively and successfully utilize the proposed grant, cooperative agreement, or contract to carry out the objective of the program described in section 171. The Secretary shall ensure that the review panels include representatives of eligible institutions and others who are knowledgeable about eligible institutions and technology issues. The Secretary shall ensure that no individual assigned under this subsection to review any application has a conflict of interest with regard to that application. The Secretary shall take into consideration the recommendations of the review panel in determining whether to award a grant, cooperative agreement, or contract to an eligible institution.
“174. Awards
“(a) Limitation—An eligible institution that receives a grant, cooperative agreement, or contract under this part that exceeds $2,500,000 shall not be eligible to receive another grant, cooperative agreement, or contract under this part.
“(b) Consortia—Grants, cooperative agreements, and contracts under this part may only be awarded to eligible institutions. Eligible institutions may seek funding under this part for consortia, which may include other eligible institutions, States or State educational agencies, local educational agencies, institutions of higher education, community-based organizations, national nonprofit organizations, or businesses, including minority businesses.
“(c) Coordination and partnership with private providers—In seeking funding under this part, eligible institutions are encouraged, where feasible, to coordinate and partner with qualified private providers of the services and activities supported under section 172.
“(d) Institutional diversity—In awarding grants, cooperative agreements, and contracts under this part to eligible institutions, the Secretary shall ensure, to the extent practicable, that awards are made to all types of institutions eligible for assistance under this part.
“(e) Need—In awarding grants, cooperative agreements, and contracts under this part, the Secretary shall give priority to the eligible institution with the greatest demonstrated need for assistance.
“175. Information dissemination
“The Secretary shall convene an annual meeting of eligible institutions receiving grants, cooperative agreements, or contracts under this part to foster collaboration and capacity-building activities among eligible institutions.
“176. Matching requirement
“The Secretary may not award a grant, contract, or cooperative agreement to an eligible institution under this part unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 25 percent of the amount of the grant, contract, or cooperative agreement awarded by the Secretary, or $500,000, whichever is the lesser amount. The Secretary shall waive the matching requirement for any institution or consortium that, as of the date of the submission of the application for the grant, contract, or cooperative agreement, has no endowment or an endowment the value of which is less than $50,000,000.
“177. Annual report and evaluation
“(a) Annual report required from recipients—Each eligible institution that receives a grant, contract, or cooperative agreement under this part shall provide an annual report to the Secretary on its use of the grant, contract, or cooperative agreement.
“(b) Independent assessments
“(1) Contract to conduct assessments—Not later than 6 months after the date of the enactment of this part, the Secretary shall enter into a contract with the National Academy of Public Administration to conduct periodic assessments of the program established under this part. The assessments shall be conducted once every 3 years during the 10-year period following the date of the enactment of this part.
“(2) Evaluations and recommendations—The assessments described in paragraph (1) shall include—
“(A) an evaluation of the effectiveness of the program established under this part in improving the education and training of students, faculty, and staff at eligible institutions that have been awarded grants, cooperative agreements, or contracts under this part;
“(B) an evaluation of the effectiveness of the program in improving access to, and familiarity with, digital network technology and broadband internet access service for students, faculty, and staff at all eligible institutions;
“(C) an evaluation of the procedures established under section 173(a); and
“(D) recommendations for improving the program, including recommendations concerning the continuing need for Federal support.
“(3) Review of reports—In carrying out the assessments under this subsection, the National Academy of Public Administration shall review the reports submitted to the Secretary under subsection (a).
“(c) Report to Congress—Upon completion of each assessment under subsection (b), the Secretary shall transmit the assessment to Congress along with a summary of the plans of the Secretary, if any, to implement the recommendations of the National Academy of Public Administration.”
Sec. 54103 Definitions
Section 102(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901(a)) is amended by adding at the end the following:
“(6) The term eligible institution means—
“(A) an institution of higher education that is—
“(i) an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a));
“(ii) an institution described in section 326(e)(1) of such Act (20 U.S.C. 1063b(e)(1));
“(iii) a minority institution (as defined in section 365 of such Act (20 U.S.C. 1067k)) that has an enrollment of needy students (as defined in section 312(d) of such Act (20 U.S.C. 1058(d))); or
“(iv) an institution determined by the Secretary, in consultation with the Secretary of Education, to have a substantial enrollment of minority students who are eligible to receive Federal Pell Grants under subpart 1 of part A of title IV of such Act (20 U.S.C. 1070a et seq.); or
“(B) a consortium of institutions described in subparagraph (A).
“(7) The term digital network technology means computer and communications equipment and software that facilitates the transmission of information in a digital format.
“(8) The term minority means an American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexican, Puerto Rican, Cuban, and Central or South American origin), or Pacific Islander individual.
“(9) The term State has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(10) The term State educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(11) 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).
“(12) The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(13) The term broadband internet access service means a mass-market retail service by wire or radio that provides the capability to transmit data to, and receive data from, all or substantially all internet endpoints, including any capabilities that are incidental to, and enable the operation of, the communications service, but excluding dial-up internet access service. Such term also includes any service the Commission finds to be providing a functional equivalent of such service.”
MM Supporting Trauma-Informed Education Practices
Sec. 54301 Short title
This subtitle may be cited as the “Supporting Trauma-Informed Education Practices Act of 2020”.
Sec. 54302 Grants to improve trauma support services and mental health care for children and youth in educational settings
Grants, contracts, and cooperative agreements authorized— The Secretary, in coordination with the Assistant Secretary for Mental Health and Substance Use, is authorized to award grants to, or enter into contracts or cooperative agreements with, State educational agencies, local educational agencies, Indian Tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act) or their tribal educational agencies, a school operated by the Bureau of Indian Education, a Regional Corporation, or a Native Hawaiian educational organization, for the purpose of increasing student access to evidence-based trauma support services and mental health care by developing innovative initiatives, activities, or programs to link local school systems with local trauma-informed support and mental health systems, including those under the Indian Health Service.
Duration— With respect to a grant, contract, or cooperative agreement awarded or entered into under this section, the period during which payments under such grant, contract, or agreement are made to the recipient may not exceed 4 years.
Use of funds— An entity that receives a grant, contract, or cooperative agreement under this section shall use amounts made available through such grant, contract, or cooperative agreement for evidence-based activities, which shall include any of the following:
Collaborative efforts between school-based service systems and trauma-informed support and mental health service systems to provide, develop, or improve prevention, screening, referral, and treatment and support services to students, such as providing trauma screenings to identify students in need of specialized support.
To implement schoolwide positive behavioral interventions and supports, or other trauma-informed models of support.
To provide professional development to teachers, teacher assistants, school leaders, specialized instructional support personnel, and mental health professionals that—
fosters safe and stable learning environments that prevent and mitigate the effects of trauma, including through social and emotional learning;
improves school capacity to identify, refer, and provide services to students in need of trauma support or behavioral health services; or
reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care.
Services at a full-service community school that focuses on trauma-informed supports, which may include a full-time site coordinator, or other activities consistent with section 4625 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7275).
Engaging families and communities in efforts to increase awareness of child and youth trauma, which may include sharing best practices with law enforcement regarding trauma-informed care and working with mental health professionals to provide interventions, as well as longer term coordinated care within the community for children and youth who have experienced trauma and their families.
To provide technical assistance to school systems and mental health agencies.
To evaluate the effectiveness of the program carried out under this section in increasing student access to evidence-based trauma support services and mental health care.
To establish partnerships with or provide subgrants to Head Start agencies (including Early Head Start agencies), public and private preschool programs, child care programs (including home-based providers), or other entities described in subsection (a), to include such entities described in this paragraph in the evidence-based trauma initiatives, activities, support services, and mental health systems established under this section in order to provide, develop, or improve prevention, screening, referral, and treatment and support services to young children and their families.
Applications— To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity described in subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, which shall include the following:
A description of the innovative initiatives, activities, or programs to be funded under the grant, contract, or cooperative agreement, including how such program will increase access to evidence-based trauma support services and mental health care for students, and, as applicable, the families of such students.
A description of how the program will provide linguistically appropriate and culturally competent services.
A description of how the program will support students and the school in improving the school climate in order to support an environment conducive to learning.
An assurance that—
persons providing services under the grant, contract, or cooperative agreement are adequately trained to provide such services; and
teachers, school leaders, administrators, specialized instructional support personnel, representatives of local Indian Tribes or tribal organizations as appropriate, other school personnel, and parents or guardians of students participating in services under this section will be engaged and involved in the design and implementation of the services.
A description of how the applicant will support and integrate existing school-based services with the program in order to provide mental health services for students, as appropriate.
A description of the entities in the community with which the applicant will partner or to which the applicant will provide subgrants in accordance with subsection (c)(8).
Interagency agreements—
Local interagency agreements— To ensure the provision of the services described in subsection (c), a recipient of a grant, contract, or cooperative agreement under this section, or their designee, shall establish a local interagency agreement among local educational agencies, agencies responsible for early childhood education programs, Head Start agencies (including Early Head Start agencies), juvenile justice authorities, mental health agencies, child welfare agencies, and other relevant agencies, authorities, or entities in the community that will be involved in the provision of such services.
Contents— In ensuring the provision of the services described in subsection (c), the local interagency agreement shall specify with respect to each agency, authority, or entity that is a party to such agreement—
the financial responsibility for the services;
the conditions and terms of responsibility for the services, including quality, accountability, and coordination of the services; and
the conditions and terms of reimbursement among such agencies, authorities, or entities, including procedures for dispute resolution.
Evaluation— The Secretary shall reserve not more than 3 percent of the funds made available under subsection (l) for each fiscal year to—
conduct a rigorous, independent evaluation of the activities funded under this section; and
disseminate and promote the utilization of evidence-based practices regarding trauma support services and mental health care.
Distribution of awards— The Secretary shall ensure that grants, contracts, and cooperative agreements awarded or entered into under this section are equitably distributed among the geographical regions of the United States and among tribal, urban, suburban, and rural populations.
Rule of construction— Nothing in this section shall be construed—
to prohibit an entity involved with a program carried out under this section from reporting a crime that is committed by a student to appropriate authorities; or
to prevent Federal, State, and tribal law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal, tribal, and State law to crimes committed by a student.
Supplement, not supplant— Any services provided through programs carried out under this section shall supplement, and not supplant, existing mental health services, including any special education and related services provided under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
Consultation with Indian tribes— In carrying out subsection (a), the Secretary shall, in a timely manner, meaningfully consult with Indian Tribes and their representatives to ensure notice of eligibility.
Definitions— In this section:
Elementary school— The term elementary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Evidence-based— The term evidence-based has the meaning given such term in section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)(i)).
Native hawaiian educational organization— The term Native Hawaiian educational organization has the meaning given such term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517).
Local educational agency— The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Regional corporation— The term Regional Corporation has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
School— The term school means a public elementary school or public secondary school.
School leader— The term school leader has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Secondary school— The term secondary school has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Secretary— The term Secretary means the Secretary of Education.
Specialized instructional support personnel— The term specialized instructional support personnel has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
State educational agency— The term State educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Authorization of appropriations— There is authorized to be appropriated, and there shall be appropriated, out of any money in the Treasury not otherwise appropriated, to carry out this section, $50,000,000 for each of fiscal years 2022 through 2026.
NN Preparing and Resourcing Our Student Parents and Early Childhood Teachers
Sec. 54401 Short title
This subtitle may be cited as the “Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act” or the “PROSPECT Act”.
Sec. 54402 Table of contents
The table of contents of this subtitle is as follows:
Sec. 54403 Findings
Congress finds the following:
A child’s brain grows at a faster rate between birth and age 3 than at any later point in the child's lifetime.
Decades of research shows that children under age 3 that receive quality child care are more likely to have the behavioral, cognitive, and language skills development necessary for success in school, college, and life.
According to a 2018 survey, 83 percent of parents with a child under age 5 responded that finding quality, affordable child care was a serious problem in their area.
In 2017, on average, center-based child care for an infant cost 61 percent more than for a preschooler, over $11,000 annually per child, and in 28 States, more than the cost of public college tuition.
In the 2015–2016 academic year, approximately 4,300,000 postsecondary education students were raising children while in college, and over half of those students had children preschool-aged or younger.
According to a 2016 survey, 95 percent of child care centers at 2-year and 4-year colleges across the United States had a waiting list, with the average list containing 82 children.
Student parents were 20 percent more likely to leave college without a degree than students without children.
The Child Care Access Means Parents in School Federal Grant program under subpart 7 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070e et seq.) helps over 3,300 students at institutions of higher education afford child care each year, but this program impacts just 0.5 percent of the entire student parent population, and many institutions of higher education do not open their subsidized child care programs to children under age 3.
The share of community colleges and 4-year institutions of higher education with on-campus child care has been in decline. Community colleges saw a 10 percent decrease in the number of campuses with child care between 2002 and 2017.
Student parents are more likely to be enrolled at community colleges and minority-serving institutions than other institutions of higher education. Over a quarter of all community college students are parents, and in the 2015–2016 academic year, 40 percent of Black women attending college were parents, 3 times the rate for White male college students.
Community colleges and minority-serving institutions lead the higher education sector in educating infant and toddler child care providers, especially child care providers of color, so they are the optimal actors for driving quality infant and toddler child care access in their regions.
1 Establishment of infant and toddler child care leadership grants
Sec. 54411 Purpose
The purposes of this part are to expand access to infant and toddler child care for children of students at public community colleges and at minority-serving institutions and to grow, diversify, and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially in communities of color and infant and toddler child care deserts.
Sec. 54412 Definitions
In this part:
Community college— The term community college means a public institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), that provides an educational program of not less than 2 years that culminates in an associate degree and is acceptable for full credit toward a baccalaureate degree.
Community college or minority-serving institution student parent— The term community college or minority-serving institution student parent means an individual who—
is a parent or legal guardian of a child who qualifies for infant and toddler child care; and
is a full-time or part-time student at a community college or minority-serving institution participating in an eligible entity.
Culturally responsive teaching— The term culturally responsive teaching means teaching—
using the cultural characteristics, experiences, and perspectives of ethnically diverse students as conduits for teaching them more effectively; and
based on understanding the influences of race, culture, and ethnicity in teaching and learning and using the cultural experiences and contributions of different ethnic groups as instrumental tools for teaching academic and social knowledge and skills.
Drop-in— The term drop-in, when used with respect to child care—
means child care that—
does not require prescheduling a definite number of scheduled days or hours per week; or
is short term, such as less than 5 hours per day; and
includes child care described in subparagraph (A) that requires parents to provide 24-hour notice before using the child care or provides child care subject to availability.
Dual language learner— The term dual language learner means a child who—
is acquiring 2 or more languages at the same time; or
is learning a second language while continuing to develop the child’s first language, including a child who may also be identified by a State or locality as bilingual or limited English proficient or as an English language learner, an English learner, or a child who speaks a language other than English.
Early childhood educator preparation program— The term early childhood educator preparation program means a postsecondary course of study that—
is designed to prepare individuals to teach in early childhood settings serving children between birth and age 5; and
leads to a degree (including an associate's, bachelor's, or graduate degree) or a State or nationally recognized credential enabling individuals to teach in early childhood settings, including a child development associate credential or a State teaching license.
Eligible entity— The term eligible entity means—
a community college;
a minority-serving institution; or
a consortium of 2 or more community colleges or minority-serving institutions.
Flex infant and toddler child care— The term flex infant and toddler child care means infant and toddler child care for which a child is registered to attend weekly, but for a total of less than five days per week.
High school— The term high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Infant and toddler child care— The term infant and toddler child care means child care for children who are under the age of 3 as of the first day of the academic year of the applicable community college or minority-serving institution.
Infant and toddler child care desert— The term infant and toddler child care desert means a community that the State or tribal entity involved determines has a low supply of quality, affordable infant and toddler child care.
Infant or toddler with a disability— The term infant or toddler with a disability has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432).
Low-income— The term low-income means an individual from a family with an income at or below 150 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 Community Services Block Grant Act) applicable to a family of the size involved.
Minority-serving institution— The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
Nontraditional hours— The term nontraditional hours means—
the hours before 9 a.m. and after 4 p.m.; and
any hours during weekends, breaks during the academic year, and holidays.
On-campus— The term on-campus, when used with respect to a childcare center, means a childcare center that is located on the campus of a community college or minority-serving institution.
Secretary— The term Secretary means the Secretary of Education.
Service area— The term service area, when used with respect to an eligible entity, means the area served by the eligible entity.
State— The term State has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).
Sec. 54413 Authorization of appropriations
There is authorized to be appropriated to carry out this part a total of $9,000,000,000 for fiscal years 2022 through 2026.
A General provisions
Sec. 54421 Program authorized
In general— From amounts made available under section 54413, the Secretary shall award to eligible entities—
planning grants under section 54432;
access grants under section 54433, which will provide free high-quality child care for as many as 500,000 infants and toddlers who have a community college or minority-serving institution student parent, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents attending community college or a minority-serving institution to graduate, and reducing their postgraduation debt;
impact grants under section 54434, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entity; and
pipeline grants under section 54435, which will fund eligible entities to—
launch and expand early childhood educator preparation programs; and
form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler care providers.
Administration— In administering this part, the Secretary shall—
consult with the Secretary of Health and Human Services with respect to all grants carried out under this subpart; and
consult with the Administrator of the Small Business Administration with respect to impact grants carried out under section 54434.
Sec. 54422 Application; selection criteria
Application—
In general— An eligible entity desiring a grant under subpart B shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
Contents— An application submitted under paragraph (1) shall include—
a landscape review on the need for infant and toddler child care within the current and prospective student populations of the eligible entity and in the broader service area of the eligible entity, with an emphasis on community college or minority-serving institution student parents in communities of color and low-income parents;
a landscape review of the infant and toddler care workforce within the service area of the eligible entity;
a high-level vision (which, in the case of an eligible entity desiring a planning grant under section 54432, will be clarified and adjusted through the needs assessment and activities carried out under the grant) for how to leverage 1 or more access, impact, or pipeline grants under subpart B to enhance access and quality in the infant and toddler child care landscape of the service area of the eligible entity;
a description of how the eligible entity will advance child development (including social and emotional development), family engagement, and culturally responsive and linguistically responsive pedagogy for infant and toddler child care within its child care center or early childhood education programs (as applicable), through professional development, required coursework, or targeted outreach and enrollment;
an assurance that the eligible entity will submit annual reports that document how funds were allocated and the impact of the grant;
a commitment that wages for child care staff at each on-campus child care center of a participating community college or minority-serving institution during the grant period shall be—
comparable to wages for elementary educators with similar credentials and experience in the State; and
at a minimum, at a rate that is enough to provide a living wage for all child care staff; and
in the case of an impact, access, or pipeline grant under subpart B, an assurance that the eligible entity will continue to convene and consult an infant and toddler care committee described in section 54432(a)(1).
Selection criteria—
In general— The Secretary shall award grants under subpart B on a competitive basis, in accordance with the priorities described in paragraph (2), and in a manner that supports eligible entities that—
enroll a high percentage of students who are eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) and who have children under age 3;
are located within or in the immediate vicinity of an infant and toddler child care desert; or
have a clear and compelling plan for—
in the case of a planning grant under section 54432, carrying out the activities of the planning grant;
in the case of an access grant under section 54433, expanding access to free infant and toddler child care for community college or minority-serving institution student parents;
in the case of an impact grant under section 54434, expanding the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing child care agencies and organizations; or
in the case of a pipeline grant under section 54435, growing and strengthening the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, by expanding early childhood education programs or upgrading an on-campus child care center into a lab school.
Priorities in awarding grants— In awarding grants under subpart B, the Secretary shall, to the extent practicable based on the strength of the applications and the availability of appropriations—
first, ensure that not less than 80 percent of the funds appropriated for grants under subpart B are awarded to eligible entities that are eligible institutions, as defined in section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b));
second, ensure that not less than 1 eligible entity in each State is awarded a grant; and
third, provide special consideration to applications described in paragraph (3).
Additional consideration and funding— In awarding grants under subpart B and subject to paragraph (2), the Secretary shall provide special consideration, and may provide additional funding as needed, including funding to exceed the limits described in section 54423(a), for—
applications for access grants under section 54433 that will provide—
infant and toddler child care for children of all ages between birth and age 3;
infant and toddler child care available during nontraditional hours;
infant and toddler child care that has the supports and staffing needed for children who are dual language learners;
infant and toddler child care that has the supports and staffing needed for children in need of trauma-informed care and infants and toddlers with disabilities, which may include providing training for infant and toddler child care staff to support the needs of infants and toddlers with disabilities or coordinating with service providers to deliver services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419; 1431 et seq.); and
child care and aftercare for children age 3 and older, especially for children that age out of the infant and toddler child care program supported under this part, and for siblings of children enrolled in campus-sponsored infant and toddler care; and
applications for pipeline grants under section 54435 that propose to—
develop and teach courses on culturally responsive and linguistically responsive teaching in early childhood education; and
develop and teach courses on supporting infants and toddlers with disabilities who are under age 3.
Prerequisites for access, impact, and pipeline grants— An eligible entity shall receive and timely complete all requirements of a planning grant under section 54432 before receiving an access, impact, or pipeline grant under section 54433, 54434, or 54435.
Sec. 54423 Amount, duration, and administration of grants
Amount of grants— Each grant awarded under subpart B to an eligible entity shall be in an amount of—
in the case of a grant awarded to an individual community college or minority-serving institution, not more than $20,000,000; and
in the case of a grant to a consortium of community colleges or minority-serving institutions, not more than $220,000,000.
Duration of grants— A grant awarded under subpart B shall be for a period of 4 years, except that a planning grant awarded under section 54432 shall be for a period of 1 year.
Number of grants—
Planning grants— No eligible entity shall receive more than 1 planning grant under section 54432.
Impact, access, and pipeline grants— An eligible entity may receive multiple grants under sections 54433, 54434, and 54435, including 2 or more grants under different sections for the same grant period or for overlapping grant periods.
Annual grant competitions— The Secretary shall conduct annual grant competitions for the grants under subpart B.
Rule of construction— Nothing in this part shall be construed to limit any program or grant established under any other Federal law, including the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), or the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
B Planning and implementation grants
Sec. 54431 Grants authorized
From amounts made available under section 54413, the Secretary shall award to eligible entities—
planning grants under section 54432, to enable the eligible entities to assess the infant and toddler care needs of current and prospective community college or minority-serving institution student parents and the surrounding community and develop a detailed proposal to address such needs;
access grants under section 54433, which will provide free high-quality child care for up to 500,000 children under the age of 3 of community college or minority-serving institution student parents, helping to reduce barriers that impact the ability of community college or minority-serving institution student parents to graduate, and reducing their postgraduation debt;
impact grants under section 54434, which will expand the supply and quality of child care in the community by providing training, mentorship, technical support, and expansion funding to new and existing child care providers in the service area of the eligible entities; and
pipeline grants under section 54435, which will fund eligible entities to—
launch and expand early childhood educator preparation programs; and
form strategic partnerships with regional institutions to expand, diversify, and strengthen the workforce pipeline for infant and toddler child care providers.
Sec. 54432 Planning grants
Use of funds— An eligible entity receiving a grant under this section shall use grant funds to—
establish an infant and toddler child care committee that is reflective and inclusive of the community being served and composed of members who are—
student parents at the participating community college or minority-serving institution;
faculty of any participating community college or minority-serving institution;
representatives of a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) serving the service area of the eligible entity;
where applicable, a local public charter school provider;
representatives of a local child care resource and referral agency; and
infant and toddler child care professionals (such as representatives from a local Head Start or Early Head Start program, home-based infant and toddler child care providers, and child care providers with expertise working with infants or toddlers with disabilities);
conduct an infant and toddler child care needs assessment of current and prospective community college or minority-serving institution student parents, the infant and toddler child care workforce, and the service area of the eligible entity, that includes information on the level of need for—
infant and toddler child care during nontraditional hours;
3-year-old child care, toddler care, and infant care;
care for infants and toddlers with disabilities;
care for children from households that speak a language other than English; and
child care in specific communities, especially infant and toddler child care deserts;
begin research, outreach, and planning for expanding access to free infant and toddler child care for community college or minority-serving institution student parents, which may include drafting a delivery agreement with infant and toddler child care providers in the community to provide infant and toddler child care to community college or minority-serving institution student parents; and
develop a detailed proposal, with a focus on the needs of parents of children under age 3, to address those needs, which may include applying for an impact, access, or pipeline grant under section 54433, 54434, or 54435.
Reporting requirements— Not later than 30 days after the end of a grant period under this section, the eligible entity that received the grant shall prepare and submit a report to the Secretary that includes—
the results of the needs assessment conducted under subsection (a)(2);
the detailed proposal developed under subsection (a)(4); and
in the case of an eligible entity that desires an impact, access, or pipeline grant under section 54433, 54434, or 54435, an application for the grant.
Sec. 54433 Access grants providing infant and toddler child care for community college or minority-serving institution student parents
Use of grants— An eligible entity receiving a grant under this section shall use grant funds to expand access to free infant and toddler child care for community college or minority-serving institution student parents by carrying out 1 or more of the following:
Paying the infant and toddler child care costs of community college or minority-serving institution student parents at an on-campus child care center, State licensed off-campus child care center, or State licensed or registered home-based child care provider.
Operating an on-campus child care center that provides infant and toddler child care; or
contracting with a child care provider that is operating 1 or more child care centers (as of the date of the contract) to operate an on-campus child care center that provides infant and toddler child care.
Coordinating with local child care resource and referral agencies for services such as helping community college or minority-serving institution student parents find infant and toddler child care.
Expanding the resources for existing on-campus child care centers, as of the date of the application for the grant, by—
expanding the space of the center for infant and toddler child care;
purchasing equipment to be used for infant and toddler child care; or
hiring staff to accommodate additional children under the age of 3.
Lengthening the hours of an existing on-campus infant and toddler child care center or keeping the on-campus infant and toddler child care center open during breaks (including summer).
Establishing capacity for drop-in infant and toddler child care or flex infant and toddler child care for the children of community college or minority-serving institution student parents.
Renovating campus facilities to allow for the operation of an on-campus child care center that—
satisfies the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), as the case may be; and
meets a high-quality standard, according to a State quality rating and improvement system or the standards applicable to an Early Head Start program under the Head Start Act (42 U.S.C. 9831 et seq.); or
is accredited through the National Association for the Education of Young Children or another organization of similar expertise, as determined by the Secretary.
Requirements of on-Campus child care centers— In order for an on-campus child care center of a community college or minority-serving institution participating in an eligible entity to be supported with funds from a grant under this section, the on-campus child care center shall meet the following requirements:
The child care center shall be licensed by the State and shall meet a high-quality standard described in subsection (a)(7)(B)(i) or be accredited in accordance with subsection (a)(7)(B)(ii).
Children of community college or minority-serving institution student parents shall receive priority enrollment in the child care center, with priority going first to low-income community college or minority-serving institution student parents, although dependents of faculty and staff of the community college or minority-serving institution and community members may be enrolled once the enrollment needs of all requesting community college or minority-serving institution student parents are fulfilled.
The child care center shall provide infant and toddler child care to children of community college or minority-serving institution student parents, without regard as to whether the parent is a full-time or part-time student.
Not less than 85 percent of the community college or minority-serving institution student parents using the on-campus child care center for infant and toddler child care shall be eligible to receive Federal Pell Grants under section 401 of the Higher Education Act of 1965 (20 U.S.C. 401), except that the Secretary may grant a waiver from this requirement if the Secretary determines necessary.
The child care center shall provide drop-in infant and toddler child care for community college and minority-serving institution student parents and may not impose minimum enrollment requirements for children of community college or minority-serving institution student parents. The Secretary shall promulgate regulations that specify the percentage of infant and toddler child care slots that must be reserved for drop-in infant and toddler child care under this paragraph.
The child care center—
shall provide infant and toddler child care for children under the age of 3 (as of the first day of the academic year of the community college or minority-serving institution supporting the child care center) of community college and minority-serving institution student parents for free;
may charge faculty and staff of the community college or minority institution and community members fees, using a sliding scale based on family income, to enroll their children in the child care center; and
shall comply with the suspension and expulsion performance standard for Head Start programs under section 1302.17 of title 45, Code of Federal Regulations, or any successor standard.
The child care center shall maintain a continuity of care for the children of parents who—
were community college or minority-serving institution student parents during any reasonable or unavoidable break in the parents' enrollment; or
transferred from a community college to a 4-year minority-serving institution during the student's enrollment at the 4-year institution.
The child care center may charge a parent described in subparagraph (A) a fee for the child care services provided during the period when the parent is not enrolled in the community college or minority-serving institution, using a sliding scale based on family income during this period, as long as the fee does not exceed 7 percent of the family's income.
The child care center shall pay its child care staff a wage that—
is comparable to wages for elementary educators with similar credentials and experience in the State; and
at a minimum, provides a living wage for all child care staff of the child care center.
The child care center, if not a child care provider covered by subsection (c) of section 658H of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f), shall comply with that section in the same manner and to the same extent as such a child care provider, with respect to background checks for child care staff members (including prospective child care staff members) for the center.
Consultation and reports—
Consultation— An eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 54432(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary.
Reports— An eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes—
the number of community college or minority-serving institution student parents that received access to State licensed or registered child care because of the grant, in the aggregate and disaggregated by age, gender, race and ethnicity, family income, disability status, and full-time or part-time enrollment status in the community college or minority-serving institution;
the number of children under age 3 enrolled in each on-campus child care center supported under the grant, disaggregated by age, gender, disability status, marital status of parents, and race and ethnicity;
for each on-campus child care center supported under the grant, the number of suspensions of children enrolled in the child care center, in the aggregate and disaggregated by race and ethnicity, gender, and disability status;
the demographics, including race, ethnicity, and gender of the staff and leadership of all child care centers supported under the grant;
the most frequent times of the day and days of the week, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents, and the child care hours per week provided to community college or minority-serving institution student parents, disaggregated by child care provided at nontraditional hours and traditional daytime, weekday child care;
semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant and toddler child care sponsored by the community college or minority-serving institution, compared to the persistence rate of community college or minority-serving institution student parents with children under 3 who are not enrolled in community college or minority-serving institution sponsored child care—
collected in accordance with regulations promulgated by the Secretary; and
in the aggregate and disaggregated as described in subparagraph (A) and by the age of the children of the community college or minority-serving institution students;
the degree or certificate completion rate of community college minority-serving institution student parents with children enrolled in child care that is sponsored by the community college or minority-serving institution and is not infant and toddler child care, in the aggregate and disaggregated as described in such subparagraph and by the age of the children of the community college or minority-serving institution student parents; and
if grant funds are used to renovate campus facilities under subsection (a)(7), proof of the on-campus child care center's compliance with the standards that apply to alterations or (as applicable) new construction under title II or III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 12181 et seq.), as the case may be.
Cross-tabulation— In each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A), (B), (C), and (F)(ii) of such paragraph cross-tabulated by, at a minimum, gender, disability status, and each major racial and ethnic group, which shall be presented in a manner that—
is first anonymized and does not reveal personally identifiable information about an individual community college or minority-serving institution student parent or child enrolled in the child care center;
does not include a number of individuals in any subgroup of community college or minority-serving institution student parents or children enrolled in the child care center that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and
is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”).
Definition— In subsection (b)(9), the term “child care staff member” means an individual—
who is employed by a child care center covered by subsection (b) for compensation; or
whose activities involve the care or supervision of children for, or unsupervised access to children who are cared for or supervised by, such a child care center.
Sec. 54434 Impact grants
Use of funds— Grants awarded under this section shall be used by eligible entities to expand the supply and quality of child care in the community by providing training, mentorship, technical support, and startup funding, in collaboration with existing (as of the date of application for the grant) child care agencies and organizations, through carrying out 1 or more of the following activities:
Contracting with local child care resource and referral organizations to support onsite technical assistance for child care providers, and training, mentorships, and business technical assistance related to existing (as of the date of the grant) or new start-up child care programs.
Contracting with local child care resource and referral organizations to provide staffed family child care networks, such as a hub that supports a group of home-based care providers to promote high-quality care.
Establishing a network of child care providers in the community, or partnering with an existing, as of the date of application, provider or network (such as an Early Head Start program operating in the community) to facilitate provider access to training, coaching, mentorship, licensure, technical support, and expansion funding.
Developing content for training for community child care providers (including home-based providers and unlicensed providers) on strong child care business practices and other supports and training the providers may require.
Compensating qualified individuals to deliver training for community members on providing high-quality child care.
Awarding microenterprise grants for State licensed, qualified early childhood education professionals, State licensed child care centers, and State licensed or registered home-based child care providers to open a child care program that provides infant and toddler child care, or to expand infant and toddler child care (including expanding access to serve infants or toddlers with disabilities) at a child care program in areas with low access to affordable, quality infant and toddler child care.
Developing and communicating clear pathways for community child care providers and current and prospective students of infant and toddler child care education, particularly individuals with low incomes and from historically underrepresented groups, to take advantage of professional development, certificate, and associate degree offerings, for the purpose of advancing their skills and careers.
Prioritizing child care programs, pathways, and resources in communities of color and low-income communities.
Developing and delivering child care professional development and courses in languages other than English.
Rule regarding professional development— If an eligible entity elects to use grant funds under this section for professional development, the eligible entity shall ensure that—
a portion of the professional development is open, available, and easily accessible to unlicensed child care providers and a portion of the professional development is available to State licensed or registered child care providers; and
not more than 30 percent of the funds provided through the grant under this section are allocated toward professional development.
Consultation and reports—
Consultation— An eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 54432(a)(2) and the lead agency for the applicable State designated under section 658D of the Child Care Development and Block Grant Act of 1990 (42 U.S.C. 9858b) regarding the results of the grant and the contents of the annual report submitted to the Secretary.
Reports— An eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes—
the number of child care providers that attended child care professional development sessions coordinated by the eligible entity under the grant, and the type of training received;
the number of child care providers fluent in a language other than English that received professional development through the grant, including the number of such child care providers reached through the development and delivery of coursework in languages other than English; and
the number of such child care providers that received professional development through the grant and graduated with an infant toddler credential, a child development associate credential, or associate degree related to early childhood development;
the number of community colleges or minority-serving institutions that joined or established networks of child care providers;
the number of State licensed child care spots created for children under 3 as a result of the training or microenterprise grants provided, in the aggregate and disaggregated by location in an infant and toddler child care desert, location in a community of color, and, for recipients of microenterprise grants under subsection (a)(6), race, ethnicity, and gender of recipient;
the number of participants in mentorship programs supported under the grant, in the aggregate and disaggregated by race, ethnicity, and gender; and
the number of community child care providers receiving technical support from the on-campus child care center or network or the child care resource and referral agency under the grant.
Cross-tabulation— In each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in paragraph (2)(E) cross-tabulated by, at a minimum, gender and each major racial and ethnic group, which shall be presented in a manner that—
is first anonymized and does not reveal personally identifiable information about an individual participant in a mentorship program;
does not include a number of individuals in any subgroup of mentorship program participants that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and
is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”).
Sec. 54435 Pipeline grants
Use of funds— Grants awarded under this section shall be used by eligible entities to grow and strengthen the workforce pipeline of highly effective infant and toddler child care providers, especially such providers serving infant and toddler child care deserts, through carrying out 1 or more of the following activities:
Establishing—
an associate degree program that includes not less than 2 courses specifically on infants and toddlers; or
a stackable child development associate credential, infant toddler credential, or early childhood education certificate, that can be incorporated into a higher-level credential or certificate.
Hiring faculty to adopt and teach previously developed competency-based high-quality infant-toddler courses, or to develop and teach infant-toddler courses, which may include courses required for an infant or toddler care certificate, such as courses on child growth and development, the physical and nutritional needs of children, communicating with families, language development, child mental health, supporting infants and toddlers with disabilities, and effective interactions with children.
Developing and executing a plan for increased coordination between an early childhood educator preparation program of a participating community college or minority-serving institution and an on-campus child care center of the community college or minority-serving institution, to enhance the quality of both the child care and the early childhood educator preparation program.
Creating or enhancing a partnership between a participating community college and a 4-year degree-granting institution, to support and coordinate associate degree programs or provide for articulation agreements in early childhood education with related baccalaureate degree programs.
Upgrading an on-campus child care center into a child care lab school for the purpose of facilitating early childhood educator preparation program practicum work, which may include installing one-way observation windows or live-feed cameras.
Awarding microgrants to students in early childhood educator preparation programs for tuition, books, transportation, permitting or licensing fees, apprenticeships, and time spent doing practicum work.
Developing and teaching courses on culturally responsive teaching in early childhood education.
Forming partnerships with local public high schools to establish early childhood education career and technical education programs, including programs that lead to a degree or credential or provide opportunities for students to enter the community college or minority-serving institution with postsecondary credits that can be counted towards an early childhood education certificate, credential, or degree.
Consultation and reports—
Consultation— An eligible entity receiving a grant under this section shall, for each year of the grant, consult with an infant and toddler child care committee described in section 54432(a)(2) regarding the results of the grant and the contents of the annual report submitted to the Secretary.
Reporting requirements— An eligible entity receiving a grant under this section shall, for each year of the grant, prepare and submit a report to the Secretary that includes—
the number of students that enrolled in early childhood educator preparation programs due to the support provided by the grant, in the aggregate and disaggregated by credential or degree type of the program and by age, gender, race or ethnic group, ability to speak a second language, family income level, disability status, and full-time or part-time student status;
the amount of funds allocated to early childhood educator preparation program students through microgrants under this section, in the aggregate and disaggregated by usage of funds and by demographics of the students receiving the microgrants, including age, gender, race or ethnic group, second language ability, parent status, family income level, disability status, and full-time or part-time student status;
the persistence, retention, and completion rates of students receiving the microgrants, as compared to such rates for students not receiving the microgrants;
the number of students dual-enrolled in high school and a community college or minority-serving institution early childhood educator preparation program;
the number of students that completed degrees, certificates, or credentials in dual-enrollment programs, in the aggregate and disaggregated by degree, certificate, and credential type; and
the details of any partnerships or articulation agreements established with local public high schools or local 4-year degree-granting institutions of higher education.
Cross-tabulation— In each report submitted by an eligible entity under paragraph (2), the eligible entity shall also provide the information described in subparagraphs (A) and (B) of such paragraph cross-tabulated by, at a minimum, gender, each major racial and ethnic group, and disability status, which shall be presented in a manner that—
is first anonymized and does not reveal personally identifiable information about an individual student;
does not include a number of individuals in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual; and
is consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the “Family Educational Rights and Privacy Act of 1974”).
Sec. 54436 Evaluation criteria for grants
For each year of the grant program under this part, the Secretary shall evaluate the effectiveness of grants under chapter 1. Each evaluation shall include the following criteria:
For access grants awarded under section 54433—
the number of community college or minority-serving institution student parents that received access to licensed or registered infant and toddler child care due to the grant, in the aggregate and disaggregated by age, gender, race or ethnic group, family income level, disability status, marital status, and full-time or part-time student status;
the most frequent times, and the average number of hours per week, that on-campus child care centers were used by community college or minority-serving institution student parents;
semester-to-semester persistence and fall-to-fall persistence rates of community college or minority-serving institution student parents with children enrolled in infant or toddler child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in the community college or minority-serving institution child care program, in the aggregate and disaggregated by the categories described in subparagraph (A); and
degree and certificate completion rate of community college or minority-serving institution student parents with children enrolled in child care sponsored by the community college or minority-serving institution, compared to such rate for students with children not enrolled in such a sponsored child care program, in the aggregate and disaggregated by the categories described in subparagraph (A).
For impact grants awarded under section 54434—
the number of attendees for the child care professional development sessions coordinated by the eligible entity under the grants;
the number of community colleges or minority-serving institutions that joined or established networks of child care providers as a result of the grants;
the number of State licensed child care spots created for children under 3 in infant and toddler child care deserts and communities of color that were established as a result of microenterprise grants supported under section 54434(a)(6); and
the number of child care providers fluent in a language other than English that received professional development under the grants.
For pipeline grants under section 54435—
the number of early childhood educator preparation programs that were established with funding under the grants;
the number of existing early childhood educator preparation programs that expanded course, certificate, or degree offerings as a result of funding under the grants;
the number of students that enrolled in early childhood educator preparation programs because of funding provided under the grants, in the aggregate and disaggregated by—
type of degree or credential; and
student age, gender, race or ethnic group, second language ability, family income level, disability status, and status as enrolled full- or part-time;
the amount of funds allocated to early childhood educator preparation program students through microgrants supported under section 54435(a)(6), in the aggregate and disaggregated by—
category of usage of funds; and
the categories described in subparagraph (C)(ii);
persistence, retention, and completion rates of students receiving such microgrants, as compared to students not receiving microgrants;
the number of new early childhood educator preparation program partnerships formed between community colleges or minority-serving institutions and area high schools as a result of the grants;
the number of students dual-enrolled in high school and community college early childhood educator preparation programs as a result of the grants; and
the number of students that completed a degree or credential in a dual-enrollment program as a result of the grants, in the aggregate and disaggregated by degree or credential.
Sec. 54437 Report to Congress
The Secretary shall prepare and submit to Congress an annual report on the grant program under this part that includes—
the results from the most recent evaluation under section 54436; and
information regarding the progress made by the grants based on the most recent reports submitted under sections 54432(b), 54433(c), 54434(c), and 54435(b).
Sec. 54438 Nondiscrimination in programs and activities
Nondiscrimination— No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex (which includes sexual orientation, gender identity, pregnancy, childbirth, medical conditions related to pregnancy or childbirth, or sex stereotypes), or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded, in whole or in part, with funds made available under this part or with amounts appropriated for grants, contracts, or certificates similar to a child care certificate as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n), administered with such funds.
Enforcement— Subsection (a) shall be enforced in the same manner and by the same means, as if such subsection was incorporated in title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and as if a violation of subsection (a) was treated as if it was a violation of section 601 of such Act (42 U.S.C. 2000d).
Rule of construction— Nothing in this section shall be construed to alter or change any provisions of section 658N of the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858l).
2 Child Care and Development Block Grant Program
Sec. 54441 Eligibility
In general— Section 658P(4)(C)(i) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(4)(C)(i)) is amended by striking “job training or educational program” and inserting “job training or educational program (which may be a program of study at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), a program of secondary education, or a program of study leading to the recognized equivalent of a secondary school diploma)”.
Plan requirements— Section 658E(c)(2) of such Act (42 U.S.C. 9858c(c)(2)) is amended by adding at the end the following:
“(W) Eligibility standards—The plan shall contain an assurance that the State will not use any requirement for the eligibility of a child under this subchapter that is more restrictive than the requirements of (including regulations issued under) this subchapter, such as a family income standard, or a work, training, or education standard, that is more restrictive than the standards specified in section 658P(4).”
Sec. 54442 Conforming amendments
Section 658H(c) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(c)) is amended—
in paragraph (1), in the matter preceding subparagraph (A), by inserting “or a child care center covered by section 54433(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act” before “if such”; and
in paragraph (2), by inserting “, including a child care center covered by section 54433(b) of the Preparing and Resourcing Our Student Parents and Early Childhood Teachers Act,” before “shall be ineligible”.
Sec. 54443 Increased Federal matching payments for child care
Section 418(a)(2)(C) of the Social Security Act (42 U.S.C. 618(a)(2)(C)) is amended to read as follows:
“(C) Federal matching of state expenditures—The Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of—
“(i) the State's allotment under subparagraph (B); or
“(ii) the sum of—
“(I) in the case of a State that provides payments for child care assistance for infants and toddlers (within the meaning of section 658G of the Child Care and Development Block Grant Act of 1990) at not less than 75 percent of the market rates, based on the most recent market rate survey conducted under section 658E(c)(4)(B), taking into account the geographic area, type of child care, and age of the child, 90 percent of the State's expenditures for such assistance; and
“(II) the amount equal to the Federal medical assistance percentage that applies to the State for the fiscal year under section 1905(b) (without regard to any adjustments to such percentage applicable under that section or any other provision of law) of so much of the State's expenditures for child care in that fiscal year for children other than infants and toddlers.”
3 Outreach regarding the dependent care allowance for Federal student aid
Sec. 54451 Sharing dependent care allowance information for Federal student aid
Section 132(h)(4) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)(4)) is amended—
in the paragraph heading, by inserting “and information” after “Disclaimer”;
in subparagraph (B), by striking “and” after the semicolon;
in subparagraph (C), by striking the period and inserting “; and”; and
by adding at the end the following:
“(D) explaining—
“(i) that a student with a dependent may be eligible to include a dependent care allowance described in section 471(a)(8) in the student's cost of attendance;
“(ii) the effect that a dependent care allowance may have on the amount of financial aid available to the student from the institution; and
“(iii) how to apply for the dependent care allowance.”
OO Closing the College Hunger Gap
Sec. 54501 Short title
This subtitle may be cited as the “Closing the College Hunger Gap Act of 2020”.
Sec. 54502 Questions on food and housing insecurity in National Postsecondary Student Aid Study
The Secretary of Education shall add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study.
Sec. 54503 Information on SNAP eligibility
In general— Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:
“(i) Information on SNAP eligibility
“(1) In general—For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides.
“(2) Students—A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.”
Consultation— The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as described in section 483(i) of the Higher Education Act of 1965 (20 U.S.C. 1090(i)).
Sec. 54504 Effective date
This subtitle and the amendment made by this subtitle shall take effect 120 days after the date of enactment of this Act.
PP Transparency in Off-Campus Housing Act
Sec. 54601 Short title
This subtitle may be cited as the “Transparency in Off-Campus Housing Act”.
Sec. 54602 Institutional calculations for off-campus room and board
Authority To prescribe regulations— Section 478(a) of the Higher Education Act of 1965 (20 U.S.C. 1087rr(a)) is amended—
in paragraph (1)—
by striking “or” at the end of subparagraph (A);
by striking the period at the end of subparagraph (B) and inserting “; or”; and
by adding at the end the following:
“(C) to prescribe—
“(i) at least one methodology that institutions of higher education (other than institutions that receive a waiver under clause (ii)) shall use in determining the allowance for room and board costs incurred by students described in subparagraph (A) of section 472(3) and by students described in subparagraph (D) of such section, that shall—
“(I) ensure that each such allowance determination is sufficient to cover reasonable room and board costs incurred by the students for whom such allowance is being determined; and
“(II) include the sources of information that institutions shall use in making each such allowance determination; and
“(ii) a process for granting institutions of higher education a waiver from the requirements of clause (i), including—
“(I) a requirement that each institution of higher education seeking such a waiver submit to the Secretary—
“(aa) a description of the methodology that the institution will use for each allowance determination described in clause (i);
“(bb) an assurance that each such allowance determination meets the requirements of clause (i)(I); and
“(cc) a demonstration that the institution will use reliable sources of information for each such allowance determination; and
“(II) a requirement that each institution of higher education that receives such a waiver publicly disclose on the website of the institution the methodology and sources of information used by the institution for each allowance determination described in clause (i).”
by adding at the end the following:
“(3) Any regulation proposed by the Secretary under paragraph (1)(C) of this subsection shall not be subject to the requirements of paragraph (2).”
Requirement To prescribe regulations— Not later than 18 months after the date of enactment of this Act, the Secretary of Education shall issue regulations that meet the requirements of subparagraph (C) of section 478(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087rr(a)(1)), as added by subsection (a).
QQ Passport Assistance for Disadvantaged Students Act of 2020
Sec. 54701 Short title
This subtitle may be cited as the “Passport Assistance for Disadvantaged Students Act of 2020”.
Sec. 54702 Demonstration program
Authorization— The Secretary shall carry out a pilot program to make grants to institutions of higher education to—
reimburse a student who is a Pell Grant recipient enrolled at the institution for the costs of obtaining a United States passport necessary for such student to participate in a study abroad program; and
in coordination with the Secretary of State, directly pay the costs described in paragraph (1) in the case of a United States passport event carried out by the Secretary of State on the campus of such institution.
Application— To be eligible to receive a grant under this section, an institution of higher education shall, not later than 1 year after the date of the enactment of this Act, submit an application to the Secretary that includes—
the number of Pell Grant recipients enrolled at the institution that participated in a study abroad program during each of the 5 years before the date of such application;
an assurance that the institution will report to the Secretary the number of Pell Grant recipients enrolled at the institution that participated in a study abroad program annually for each of the 4 years after the date on which the application is submitted;
a description of how the institution will engage in student outreach in carrying a grant under this section;
such other information as the Secretary may require.
Awards—
Requirements— Not later than 2 years after the date of the enactment of this Act, the Secretary shall make grants under subsection (a) to each of the following:
A four-year public institution of higher education.
A public historically Black college or university.
A public Hispanic-serving institution.
Other awards— After making the awards required under paragraph (1), the Secretary—
may make grants to additional institutions of higher education; and
shall give priority under subparagraph (A) to institutions of higher education with study abroad programs that offer science, technology, engineering, and math courses.
Reporting requirements—
Institution reporting— An institution of higher education that receives a grant under this section shall not later than 1 year after receiving such grant submit to the Secretary and the Secretary of State a report that includes—
a description of the student outreach carried out through a grant under this section; and
the number of Pell Grant recipients who—
obtained a United States passport pursuant to such grant; and
participated in a study abroad program in the year after the institution received such grant.
Department reporting— Not later than 1 year after the date of the enactment of this section, and annually for the 3 years thereafter, the Secretary, in coordination with the Secretary of State, shall submit a report to Congress that includes—
a description of the awards made under this section; and
an assessment of the pilot program under this section.
Final assessment— Not later than 1 year after the date on which the pilot program authority terminates under subsection (f), the Secretary and the Secretary of State shall each—
prepare an assessment of the pilot program, including a recommendation as to whether—
the pilot program should be continued and expanded; or
a similar program related to other higher education programs, such as graduate and postgraduate programs, community colleges, vocational programs, and apprenticeship programs, should be carried out; and
submit such assessment to Congress.
Term— The authority to carry out the pilot program under this section shall terminate on the date that is 5 years after the date of the enactment of this Act.
Authorization of appropriations— There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2022 and each of the succeeding 3 fiscal years.
Definitions— In this section:
Hispanic-serving institution— The term “Hispanic-serving institution” has the meaning given the term under section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
Historically Black college or university— The term “historically Black college or university” has the meaning given the term “part B institution” under section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
Institution of higher education— The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act (20 U.S.C. 1002).
Pell Grant recipient— The term “Pell Grant recipient” means a recipient of financial aid under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.).
Secretary— The term “Secretary” means the Secretary of Education.
RR STEM Opportunities Act
Sec. 54801 Short title; findings
Short title— This title may be cited as the “STEM Opportunities Act of 2020”.
Findings— The Congress finds the following:
Many reports over the past decade have found that it is critical to our Nation’s economic leadership and global competitiveness that the United States educates and trains more scientists and engineers.
Research shows that women and minorities who are interested in STEM careers are disproportionately lost at nearly every educational transition and at every career milestone.
The National Center for Science and Engineering Statistics at the National Science Foundation collects, compiles, analyzes, and publishes data on the demographics of STEM degrees and STEM jobs in the United States.
Women now earn nearly 37 percent of all STEM bachelor’s degrees, but major variations persist among fields. In 2017, women earned only 20 percent of all bachelor’s degrees awarded in engineering and 19 percent of bachelor’s degrees awarded in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for nearly 60 percent of the projected annual growth of newly created STEM job openings from 2016 to 2026.
In 2017, underrepresented minority groups comprised 39 percent of the college-age population of the United States, but only 18 percent of students who earned bachelor’s degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to approximately 33 percent of White students and 42 percent of Asian students who complete their degree within 5 years.
In some STEM fields, including the computer sciences, women persist at about the same rate through doctorate degrees. In other STEM fields, women persist through doctorate degrees at a lower rate. In mathematics, women earn just 26 percent of doctorate degrees compared with 42 percent of undergraduate degrees. Overall, women earned 38 percent of STEM doctorate degrees in 2016. The rate of minority students earning STEM doctorate degrees in physics is 9 percent, compared with 15 percent for bachelor’s degree. Students from underrepresented minority groups accounted for only 11.5 percent of STEM doctorate degrees awarded in 2016.
The representation of women in STEM drops significantly from the doctorate degree level to the faculty level. Overall, women hold only 26 percent of all tenured and tenure-track positions and 27 percent of full professor positions in STEM fields in our Nation’s universities and 4-year colleges. Black and Hispanic faculty together hold about 6.8 percent of all tenured and tenure-track positions and 7.5 percent of full professor positions. Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the National Science Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed.
The representation of women is especially low at our Nation’s top research universities. Even in the biological sciences, in which women now earn more than 50 percent of the doctorates and passed the 25 percent level 37 years ago, women make up only 25 percent of the full professors at the approximately 100 most research-intensive universities in the United States. In the physical sciences and mathematics, women make up only 11 percent of full professors, in computer sciences only 10 percent, and across engineering fields only 7 percent. The data suggest that approximately 6 percent of all tenure-track STEM faculty members at the most research-intensive universities are from underrepresented minority groups, but in some fields the numbers are too small to report publicly.
By 2050, underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor’s degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy.
According to a 2014 Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands.
Female students and students from underrepresented minority groups at institutions of higher education who see few others ‘‘like themselves’’ among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM.
One in five children in the United States attend school in a rural community. The data shows that rural students are at a disadvantage with respect to STEM readiness. Among STEM-interested students, 17 percent of students in rural high schools and 18 percent of students in town-located high schools meet the ACT STEM Benchmark, compared with 33 percent of students in suburban high schools and 27 percent of students in urban high schools.
A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women, minorities, and other groups historically underrepresented in STEM.
Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases.
In 2012, the Office of Diversity and Equal Opportunity of the National Aeronautics and Space Administration (in this subtitle referred to as “NASA”) completed a report that—
is specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination; and
provides guidance that is usable by all institutions of higher education receiving significant Federal research funding on how to conduct meaningful self-evaluations of campus culture and policies.
The Federal Government provides 55 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure.
Sec. 54802 Purposes
The purposes of this subtitle are as follows:
To ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging the entire talent pool of the United States.
To promote research on, and increase understanding of, the participation and trajectories of women, minorities, and other groups historically underrepresented in STEM studies and careers, including persons with disabilities, older learners, veterans, and rural, poor, and tribal populations, at institutions of higher education and Federal science agencies, including Federal laboratories.
To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers at all levels.
To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers.
To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields.
Sec. 54803 Federal science agency policies for caregivers
OSTP guidance— Not later than 6 months after the date of enactment of this Act, the Director, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that—
apply to all—
research awards granted by such agency; and
principal investigators of such research who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and
provide—
flexibility in timing for the initiation of approved research awards granted by such agency;
no-cost extensions of such research awards;
grant supplements, as appropriate, to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards; and
any other appropriate accommodations at the discretion of the director of each such agency.
Uniformity of guidance— In providing guidance under subsection (a), the Director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies.
Establishment of policies— Consistent with the guidance under subsection (a), Federal science agencies shall—
maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and
broadly disseminate such policies to current and potential grantees.
Data on usage— Federal science agencies shall—
collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and
report such data on an annual basis to the Director in such form as required by the Director.
Sec. 54804 Collection and reporting of data on Federal research grants
Collection of data—
In general— Each Federal science agency shall collect, as practicable, with respect to all applications for merit-reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency, the standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget.
Uniformity and standardization— The Director, in consultation with the Director of the National Science Foundation, shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1).
Record-level data—
Requirement— Beginning not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director.
Previous data— As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the date of such submission.
Reporting of data— The Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, and years since completion of doctoral degree, including in conjunction with the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96–516).
Sec. 54805 Policies for review of Federal research grants
In general— Each Federal science agency shall implement the policy recommendations with respect to reducing the impact of implicit bias at Federal science agencies and grantee institutions as developed by the Office of Science and Technology Policy in the 2016 report entitled “Reducing the Impact of Bias in the STEM Workforce” and any subsequent updates.
Pilot activity— In consultation with the National Science Foundation and consistent with policy recommendations referenced in subsection (a), each Federal science agency shall implement a 2-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to, and minimize the effects of, implicit bias in the review of extramural and intramural Federal research grants.
Establishment of policies— Drawing upon lessons learned from the pilot activity under subsection (b), each Federal science agency shall maintain or develop and implement evidence-based policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants.
Assessment of policies— Federal science agencies shall regularly assess, and amend as necessary, the policies and practices implemented pursuant to subsection (c) to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants.
Sec. 54806 Collection of data on demographics of faculty
Collection of data—
In general— Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from grantees on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education.
Considerations— To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, and years since completion of doctoral degree—
the number and percentage of faculty;
the number and percentage of faculty at each rank;
the number and percentage of faculty who are in nontenure-track positions, including teaching and research;
the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure;
faculty years in rank;
the number and percentage of faculty to leave tenure-track positions;
the number and percentage of faculty hired, by rank; and
the number and percentage of faculty in leadership positions.
Existing surveys— The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)—
take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or
award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account.
Reporting data— The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation’s report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96–516).
Authorization of appropriations— There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2022 through 2024 to develop and carry out the initial survey required under subsection (a).
Sec. 54807 Cultural and institutional barriers to expanding the academic and Federal STEM workforce
Best practices at institutions of higher education and Federal laboratories—
Development of guidance— Not later than 12 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall develop written guidance for institutions of higher education and Federal laboratories on the best practices for—
conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, or advancement of women, racial and ethnic minorities, and other groups historically underrepresented in STEM studies and careers; and
providing educational opportunities, including workshops as described in subsection (b), for STEM faculty, research personnel, and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel.
Existing guidance— In developing the guidance under paragraph (1), the Director shall utilize guidance already developed by Federal science agencies.
Dissemination of guidance— Federal science agencies shall broadly disseminate the guidance developed under paragraph (1) to institutions of higher education that receive Federal research funding and Federal laboratories.
Establishment of policies— Consistent with the guidance developed under paragraph (1)—
the Director of the National Science Foundation shall develop a policy that—
applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and
requires each such institution, not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance developed under paragraph (1); and
each Federal science agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory.
Workshops To address cultural barriers to expanding the academic and Federal STEM workforce—
In general— Not later than 6 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient’s research record, of academic and Federal STEM researchers.
Interagency coordination— The Director shall, to the extent practicable, ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate.
Minimizing costs— To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel.
Priority fields for academic participants— In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or nonfaculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics.
Organizations eligible to carry out workshops— A Federal science agency may carry out the program of workshops under this subsection by making grants to organizations made eligible by the Federal science agency and any of the following organizations:
Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines.
Nonprofit organizations that have the primary mission of advancing the participation of women, minorities, or other groups historically underrepresented in STEM.
Characteristics of workshops— The workshops shall have the following characteristics:
Invitees to workshops shall include at least—
the chairs of departments in the relevant STEM discipline or disciplines from doctoral degree granting institutions that receive Federal research funding; and
in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair.
Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias.
Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by different underrepresented groups, including minority women, minority men, persons from rural and underserved areas, persons with disabilities, gender and sexual minority individuals, and first generation graduates in research.
Workshop programs shall include information on best practices for mentoring undergraduate, graduate, and postdoctoral women, minorities, and other students from groups historically underrepresented in STEM.
Data on workshops— Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will—
collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees;
conduct attitudinal surveys on workshop attendees before and after the workshops; and
collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop.
Report to NSF— Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director.
Report to Congress— Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes—
a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and
a description and evaluation of the status and effectiveness of the program of workshops required under subsection (b), including a summary of any data reported under paragraph (8) of such subsection.
Authorization of appropriations— There are authorized to be appropriated to the Director of the National Science Foundation $1,000,000 in each of fiscal years 2022 through 2026 to carry out this section.
Sec. 54808 Research and dissemination at the National Science Foundation
In general— The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this subtitle, including—
research grants to analyze the record-level data collected under section 54804 and section 54806, consistent with policies to ensure the privacy of individuals identifiable by such data;
research grants to study best practices for work-life accommodation;
research grants to study the impact of policies and practices that are implemented under this subtitle or that are otherwise consistent with the purposes of this subtitle;
collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and
collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices.
Authorization of appropriations— There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2022 through 2026 to carry out this section.
Sec. 54809 Research and related activities to expand STEM opportunities
National Science Foundation support for increasing diversity among stem faculty at institutions of higher education— Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–5) is amended—
by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and
by inserting after subsection (d) the following:
“(e) Support for increasing diversity among STEM faculty at institutions of higher education
“(1) In general—The Director of the Foundation shall award grants to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers.
“(2) Merit review; competition—Grants shall be awarded under this subsection on a merit-reviewed, competitive basis.
“(3) Use of funds—Activities supported by grants under this subsection may include—
“(A) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups;
“(B) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program;
“(C) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process;
“(D) development and hosting of intra- or inter-institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups;
“(E) professional development opportunities for faculty members from underrepresented minority groups;
“(F) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields;
“(G) activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and
“(H) other activities consistent with paragraph (1), as determined by the Director of the Foundation.
“(4) Selection process
“(A) Application—An institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of—
“(i) the reform effort that is being proposed for implementation by the institution of higher education;
“(ii) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues;
“(iii) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and
“(iv) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change.
“(B) Review of applications—In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum—
“(i) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority;
“(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups;
“(iii) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and
“(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort.
“(C) Grant distribution—The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education.
“(5) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2022 through 2026.”
National Science Foundation support for broadening participation in undergraduate STEM education— Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–5), as amended by subsection (b), is further amended by inserting after subsection (e) the following:
“(f) Support for broadening participation in undergraduate STEM education
“(1) In general—The Director of the Foundation shall award grants to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields.
“(2) Merit review; competition—Grants shall be awarded under this subsection on a merit-reviewed, competitive basis.
“(3) Use of funds—Activities supported by grants under this subsection may include—
“(A) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields;
“(B) implementation or expansion of bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields;
“(C) implementation or expansion of outreach programs linking institutions of higher education and K–12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers;
“(D) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups;
“(E) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields;
“(F) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education;
“(G) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites;
“(H) provision of stipends for students from underrepresented minority groups participating in research;
“(I) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions;
“(J) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and 2-year institutions of higher education; and
“(K) other activities consistent with paragraph (1), as determined by the Director of the Foundation.
“(4) Selection process
“(A) Application—An institution of higher education (or a consortia thereof) seeking a grant under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum—
“(i) a description of the proposed reform effort;
“(ii) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups;
“(iii) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal;
“(iv) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and
“(v) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change.
“(B) Review of applications—In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum—
“(i) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units;
“(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups;
“(iii) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and
“(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort.
“(C) Grant distribution—The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this subsection are made to a variety of types of institutions of higher education, including 2-year and minority-serving institutions of higher education.
“(5) Education research
“(A) In general—All grants made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions.
“(B) Dissemination—The Director of the Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public.
“(6) Authorization of appropriations—There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.”
Sec. 54810 Tribal Colleges and Universities Program
Grants To broaden tribal college and university student participation in computer science— Section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13) is amended by inserting after subsection (c) the following:
“(d) Grants To broaden tribal college and university student participation in computer science
“(1) In general—The Director, as part of the program authorized under this section, shall award grants on a competitive, merit-reviewed basis to eligible entities to increase the participation of tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem-solving, critical thinking, creativity and collaboration.
“(2) Purpose—Grants awarded under this subsection shall support—
“(A) research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities;
“(B) research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending tribal colleges and universities;
“(C) research, development and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities; and
“(D) other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director.
“(3) Partnerships—A tribal college or university seeking a grant under this subsection, or a consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development.
“(4) Coordination—In carrying out this subsection, the Director shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this subsection.
“(5) Authorization of appropriations—There are authorized to be appropriated to the Director of the Foundation $2,000,000 in each of fiscal years 2022 through 2026 to carry out this subsection.”
Evaluation—
In general— Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall evaluate the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13), as amended.
Requirements— In conducting the evaluation under paragraph (1), the Director of the National Science Foundation shall, as practicable—
use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research conducted pursuant to grants programs under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p–13);
include an assessment of the effectiveness of such grant programs in expanding access to high quality STEM education, research, and outreach at tribal colleges and universities, as applicable;
assess the number of students who participated in such grant programs; and
assess the percentage of students participating in such grant programs who successfully complete their education programs.
Report— Not later than 180 days after the date on which the evaluation under paragraph (1) is completed, the Director of the National Science Foundation shall submit to Congress and make available to the public, a report on the results of the evaluation, including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010, as amended by subsection (a).
Sec. 54811 Report to Congress
Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes—
a description and evaluation of the status and usage of policies implemented pursuant to section 54803 at all Federal science agencies, including any recommendations for revising or expanding such policies;
with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants under section 54805—
what steps all Federal science agencies have taken to implement policies and practices to minimize such effects;
a description of any significant updates to the policies for review of Federal research grants required under such section; and
any evidence of the impact of such policies on the review or awarding of Federal research grants; and
a description and evaluation of the status of institution of higher education and Federal laboratory policies and practices required under section 54807(a), including any recommendations for revising or expanding such policies.
Sec. 54812 Merit review
Nothing in this subtitle shall be construed as altering any intellectual or broader impacts criteria at Federal science agencies for evaluating grant applications.
Sec. 54813 Definitions
In this subtitle:
Director— The term Director means the Director of the Office of Science and Technology Policy.
Federal laboratory— The term Federal laboratory has the meaning given such term in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
Federal science agency— The term Federal science agency means any Federal agency with at least $100,000,000 in research and development expenditures in fiscal year 2022.
Institution of higher education— The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
Interagency working group on inclusion in STEM— The term “interagency working group on inclusion in STEM” means the interagency working group established by section 308 of the American Innovation and Competitiveness Act (42 U.S.C. 6626).
STEM— The term STEM means science, technology, engineering, and mathematics, including computer science.
SS Student Loan Fairness Act
Sec. 54901 Short title
This title may be cited as the “Student Loan Fairness Act”.
Sec. 54902 Findings
Congress finds the following:
A well-educated citizenry is critical to our Nation’s ability to compete in the global economy.
The Federal Government has a vested interest in ensuring access to higher education.
Higher education should be viewed as a public good benefitting our country rather than as a commodity solely benefitting individual students.
Total outstanding student loan debt officially surpassed total credit card debt in the United States in 2015, and now exceeds $1,400,000,000,000.
Excessive student loan debt is impeding economic growth in the United States. Faced with excessive repayment burdens, many individuals are unable to start businesses, invest, or buy homes. Relieving student loan debt would give these individuals greater control over their earnings and would increase entrepreneurship and demand for goods and services.
Because of soaring tuition costs, students often have no choice but to amass significant debt to obtain an education that is widely considered a prerequisite for earning a living wage.
Amidst rising tuition rates and stagnant grant funding, many students are forced to supplement Federal loans with private loans, which frequently feature higher interest rates with fewer consumer protections.
A borrower who experiences an extended hardship for whatever reason, or a borrower who experiences a series of separate hardships over a longer period of time, will often have no choice but to default on his or her private student loans. Opportunities to put such private loans into forbearance are limited.
During the period of forbearance on private student loans, interest continues to accrue and is capitalized, and once the borrower comes out of forbearance, he or she owes significantly more on the principal of the loan than before the hardship period began.
Sec. 54903 10/10 Loan Repayment and Forgiveness
Part G of title IV of the Higher Education Act of 1965 is amended by adding at the end the following:
“493E. 10/10 Loan Repayment and Forgiveness
“(a) 10/10 Loan Repayment Plan
“(1) 10/10 Loan Repayment Plan authorized—Notwithstanding any other provision of this Act, the Secretary shall carry out a program (to be known as the 10/10 Loan Repayment Plan) under which—
“(A) a borrower of an eligible loan who is eligible under paragraph (3) may elect to have the borrower's aggregate monthly payment for all such loans not exceed the monthly payment amount described in paragraph (2);
“(B) any interest due and not paid under a monthly payment under this subsection—
“(i) shall continue to accrue; and
“(ii) shall be capitalized up to an amount equal to 10 percent of the original principal amount of all the eligible loans that the borrower is repaying under this subsection;
“(C) any principal due and not paid under a monthly payment under this subsection shall be deferred, and shall be forgiven in accordance with subsection (b) if the borrower meets the requirements for forgiveness under such subsection;
“(D) the amount of time the borrower makes monthly payments under this subsection may exceed 10 years;
“(E) a borrower who is repaying an eligible loan pursuant to 10/10 Loan Repayment under this subsection may elect, at any time, to terminate repayment pursuant to 10/10 Loan Repayment and repay such loan under the standard repayment plan, in which case the amount of time the borrower is permitted to repay such loans may exceed 10 years; and
“(F) the special allowance payment to a lender calculated under section 438(b)(2)(I), when calculated for a loan in repayment under this section, shall be calculated on the principal balance of the loan and on any accrued interest unpaid by the borrower in accordance with this section.
“(2) 10/10 Loan Repayment monthly payment formula—A borrower who has elected to participate in the 10/10 Loan Repayment Plan under this subsection shall, during each month the borrower is participating in such Plan, make a monthly payment in an amount equal to—
“(A) one-twelfth of the amount that is 10 percent of the result obtained by calculating, on at least an annual basis, the amount by which—
“(i) the borrower’s, and the borrower’s spouse’s (if applicable), adjusted gross income; exceeds
“(ii) 150 percent of the poverty line applicable to the borrower’s family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), as adjusted by
“(iii) the regional variation in the cost of living (determined by the Secretary, in consultation with the Bureau of Economic Analysis of the Department of Commerce and the Bureau of Labor Statistics of the Department of Labor) for the geographic area in which the borrower resides, so that a borrower residing in a higher cost geographic area will experience a downward trend in such monthly payment amount; or
“(B) in the case of a borrower who is in deferment due to an economic hardship described in section 435(o), $0.
“(3) Eligibility—The Secretary shall establish procedures for annually determining the borrower's eligibility for 10/10 Loan Repayment, including verification of a borrower's annual adjusted gross income and the annual amount due on the total amount of eligible loans, and such other procedures as are necessary to effectively implement 10/10 Loan Repayment under this subsection.
“(4) Special rule for married borrowers filing separately—In the case of a married borrower who files a separate Federal income tax return, the Secretary shall calculate the amount of the borrower's 10/10 Loan Repayment under this subsection solely on the basis of the borrower's student loan debt and adjusted gross income, and the regional variation in the cost of living described in paragraph (2)(A)(iii).
“(b) 10/10 Loan Forgiveness
“(1) In general—The Secretary shall carry out a program (to be known as the 10/10 Loan Forgiveness Program) to forgive a qualified loan amount, in accordance with paragraph (3), on an eligible loan for a borrower who, after the date that is 10 years prior to the date of enactment of the Student Loan Fairness Act, has made 120 monthly payments on the eligible loan pursuant to any one or a combination of the following:
“(A) Monthly payment under the 10/10 Loan Repayment Plan under subsection (a).
“(B) Monthly payment under any other repayment plan authorized under part B or D of an amount that, for a given month, is not less than the monthly payment amount calculated under subsection (a) that the borrower would have owed in the year in which such payment was made, based on the borrower’s adjusted gross income and eligible loan balance for such year.
“(C) For any month after such date during which the borrower is in deferment due to an economic hardship described in section 435(o), monthly payment of $0.
“(2) Method of loan forgiveness—To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program—
“(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under part B of this title; and
“(B) to cancel a qualified loan amount for a loan made under part D of this title.
“(3) Qualified loan amount—After the borrower has made 120 monthly payments described in paragraph (1), the Secretary shall forgive—
“(A) with respect to new borrowers on or after the date of enactment of the Student Loan Fairness Act, the sum of—
“(i) the balance of principal and fees due on the borrower’s eligible loans as of the time of such forgiveness, not to exceed $45,520; and
“(ii) the amount of interest that has accrued on the balance described in clause (i) as of the time of such forgiveness; or
“(B) with respect to any other eligible borrower, the balance of principal, interest, and fees due on the borrower’s eligible loans as of the time of such forgiveness.
“(4) Exclusion from taxable income—The amount of a borrower’s eligible loans forgiven under this section shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986.
“(c) Supporting documentation required—A borrower who has elected to participate in the 10/10 Loan Repayment Plan under subsection (a), or who is requesting forgiveness under the 10/10 Loan Forgiveness Program under subsection (b), shall provide to the Secretary such information and documentation as the Secretary determines, by regulation, to be necessary to verify the borrower’s adjusted gross income and payment amounts made on eligible loans of the borrower for the purposes of such Plan or Program.
“(d) Definition of eligible loan—In this section the term eligible loan means any loan made, insured, or guaranteed under part B or D.”
Sec. 54904 Capping interest rates for all Federal Direct loans
Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended—
by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and
by inserting after paragraph (8) the following:
“(8) Rate of interest for all new Federal Direct loans—Notwithstanding any other provision of this Act, with respect to a loan under this part for which the first disbursement of principal is made (or in the case of a Federal Direct Consolidation Loan, for which the application is received) on or after October 1, 2021, or the date of enactment of the Student Loan Fairness Act, whichever is later, the applicable rate of interest shall not exceed 3.4 percent.”
Sec. 54905 10/10 Loan Repayment Plan as plan selected by the Secretary
FFEL Loans—
In general— Section 428(b)(9) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(9)) is amended—
in subparagraph (A)—
by striking “and” at the end of clause (iv);
in clause (v), by striking the period at the end and inserting “; and”; and
by adding at the end the following new clause:
“(vi) beginning October 1, 2021, a 10/10 Loan Repayment Plan, with varying annual repayment amounts based on the discretionary income of the borrower, in accordance with section 493E.”
in subparagraph (B), by striking “(A)(i)” and inserting “(A)(vi)”.
Effective date— The amendment made by paragraph (1)(B) shall be effective beginning October 1, 2021.
Direct Loans—
in paragraph (1)—
by striking “and” at the end of subparagraph (D);
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following new subparagraph:
“(F) beginning on October 1, 2021, a 10/10 Loan Repayment Plan, with varying annual repayment amounts based on the discretionary income of the borrower, in accordance with section 493E.”
in paragraph (2)—
by striking “may” and inserting “shall”; and
by striking “(A), (B), or (C)” and inserting “(F)”.
Effective date— The amendment made by paragraph (1)(B) shall be effective beginning October 1, 2021.
Sec. 54906 Improving and expanding Public Service Loan Forgiveness
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended—
in paragraph (1), by striking “120” and inserting “60” each place it appears; and
in paragraph (3)(B)—
in clause (i), by striking “or” after the semicolon;
in clause (ii), by striking the period and inserting “; or”; and
by adding at the end the following:
“(iii) a full-time job as a primary care physician in an area or population designated as a Medically Underserved Area or Population by the Health Resource and Services Administration.”
Sec. 54907 Refinancing private education loans for certain borrowers
Consolidation for certain borrowers— Section 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1087e(g)) is amended—
by striking “A borrower” and inserting the following:
“(1) In general—A borrower”
by inserting “, and any loan described in paragraph (2)” after “July 1, 2010”; and
by adding at the end the following new paragraph:
“(2) Consolidation of private education loans as a Federal Direct Consolidation Loan for certain borrowers
“(A) In general—Notwithstanding any other provision of law, a borrower who meets the eligibility criteria described in subparagraph (B) shall be eligible to obtain a Federal Direct Consolidation loan under this paragraph that—
“(i) shall include an eligible private education loan; and
“(ii) may include a loan described in section 428C(a)(4).
“(B) Eligible borrower—A borrower of an eligible private education loan is eligible to obtain a Federal Direct Consolidation Loan under this paragraph if the borrower—
“(i) was eligible to borrow a loan under section 428H, a Federal Direct Unsubsidized Stafford Loan, a loan under section 428B, or a Federal Direct PLUS loan for a period of enrollment at an institution of higher education, or, with respect to a borrower who was enrolled at an institution of higher education on less than a half-time basis, would have been eligible to borrow such a loan for such period of enrollment if the borrower had been enrolled on at least a half-time basis;
“(ii) borrowed at least one eligible private education loan for a period of enrollment described in clause (i); and
“(iii) has an average adjusted gross income (based on the borrower’s adjusted gross income from the 3 most recent calendar years before application for consolidation under this section) that is equal to or less than the borrower’s total education debt (determined by calculating the sum of the borrower’s loans described in section 428C(a)(4) and eligible private education loans) at the time of such application.
“(C) Definition of eligible private education loan—For purposes of this paragraph, the term eligible private education loan means a private education loan (as such term is defined in section 140 of the Truth in Lending Act (15 U.S.C. 1650)) made on or before the date of enactment of the Student Loan Fairness Act, including the amount of outstanding principal, accrued interest, and related fees and costs (as determined by the Secretary) owed by a borrower on such a loan.
“(D) Purchase of loan—For each eligible private education loan that a borrower is consolidating under this paragraph, the Secretary shall notify the holder that the Secretary is purchasing the loan, and the Secretary shall then purchase such loan, as described under section 140A of the Truth in Lending Act.
“(E) Terms and rate of interest—A Federal Direct Consolidation Loan made under this paragraph shall have the same terms and conditions as a Federal Direct Consolidation loan under paragraph (1), except that the applicable rate of interest for a Federal Direct Consolidation loan made under this paragraph shall not exceed 3.4 percent.
“(F) Notification of eligible borrowers—The Secretary shall take such steps as may be necessary to notify eligible borrowers of the availability of consolidation under this paragraph no later than 60 days after the date of enactment of the Student Loan Fairness Act, including notifying such borrowers of the deadline to apply for such a loan under subparagraph (G).
“(G) Application deadline for loans under this paragraph—A borrower may apply for loans under this paragraph during the 1-year period beginning on the date of enactment of the Student Loan Fairness Act. The Secretary shall not make a Federal Direct Consolidation Loan under this paragraph to any borrower who has not submitted an application for such a loan to the Secretary before the end of such period.
“(H) Authorization and appropriation—There are authorized to be appropriated, and there are appropriated, such sums as may be necessary to carry out this paragraph.”
Sale of private education loans to the Government— Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended—
by redesignating section 140A as section 140B; and
by inserting after section 140 the following:
“140A. Sale of private education loans to the Government
“(a) In general—The Bureau shall issue regulations to require a private education lender to sell an eligible private education loan to the Secretary of Education, upon request of the Secretary, for purposes of consolidating such loan, as described under section 455(g)(2) of the Higher Education Act of 1965.
“(b) Determination of price—The price paid for a private education loan under subsection (a) shall—
“(1) include the amount of outstanding principal on the loan, the amount of accrued interest on the loan, and any fees or other costs owed by the consumer on the loan; and
“(2) be adjusted to account for the time value of such amount.
“(c) Definitions—For purposes of this section:
“(1) Eligible private education loan—The term eligible private education loan means a private education loan, as defined under section 140(a), made on or before the date of enactment of the Student Loan Fairness Act.
“(2) Private education lender—The term private education lender has the meaning given such term under section 140(a).”
in the table of contents for such chapter—
by redesignating the item relating to section 140A as item 140B; and
by inserting after the item relating to section 140 the following:
Conforming amendment— Section 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(a)(3)(B)(i)(V)) is amended—
by striking “or” at the end of item (bb);
by striking the period at the end of item (cc) and inserting “; or”; and
by adding at the end the following:
“(dd) for the purpose of consolidating an eligible private education loan under section 455(g)(2), whether such loan is consolidated alone, with other eligible private education loans, or with loans described in paragraph (4).”
Sec. 54908 Interest-free deferment of unsubsidized loans during periods of unemployment
FFEL Unsubsidized loan deferment—
Section 428H(e)(2) of the Higher Education Act of 1965 (20 U.S.C. 1078–8(e)(2)) is amended—
in subparagraph (A), by striking “subparagraph (C)” and inserting “subparagraphs (C) and (D)”; and
by adding at the end the following:
“(D) Interest on loans made under this section for which payments are deferred under clause (ii) of section 428(b)(1)(M), for a period of deferment granted to a borrower on or after the date of enactment of the Student Loan Fairness Act, shall accrue and be paid by the Secretary during any period during which loans are so deferred, not in excess of 3 years.”
Conforming amendment— Section 428(b)(1)(Y)(iii) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is amended by inserting “(other than a deferment under clause (ii) of such subparagraph on or after the date of enactment of the Student Loan Fairness Act)” after “of this paragraph”.
Direct Unsubsidized loan deferment— Section 455(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)(1)) is amended—
in subparagraph (A)—
by striking “or” at the end of clause (i); and
by adding at the end the following:
“(iii) a Federal Direct Unsubsidized Stafford Loan, with respect to a period of deferment described in subparagraph (B) of paragraph (2) granted to a borrower on or after the date of enactment of the Student Loan Fairness Act; or”
in subparagraph (B), by inserting “not described in subparagraph (A)(iii)” after “Unsubsidized Stafford Loan”.
Treatment of consolidation loans— Section 428C(b)(4)(C)(ii) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(b)(4)(C)(ii)) is amended—
by striking “or” at the end of subclause (II);
by redesignating subclause (III) as subclause (IV);
by inserting after subclause (II) the following:
“(III) by the Secretary, in the case of a consolidation loan for which the application is received on or after the date of enactment of the Student Loan Fairness Act, except that the Secretary shall pay such interest only for a period not in excess of 3 years for which the borrower would be eligible for a deferral under clause (ii) of section 428(b)(1)(M); or”
in subclause (IV) (as redesignated by paragraph (2)), by striking “(I) or (II)” and inserting “(I), (II), or (III)”.
in paragraph (3)—
in subparagraph (A), by striking “and” after the semicolon;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following:
“(B) shall, on subsidized and unsubsidized loans, be paid by the Secretary for a period of not more than 3 years during which the borrower is eligible for a deferment due to unemployment described in section 455(f)(2)(B) (regardless of whether the student is in such a deferment), except that—
“(i) this subparagraph shall only apply to periods during which the borrower is eligible for such a deferment on or after the date of enactment of the Student Loan Fairness Act; and
“(ii) in the case of a subsidized loan, such period shall not include any period described in subparagraph (A) or any period during which the borrower is in deferment due to an economic hardship described in section 435(o); and”
in subparagraph (C) (as so redesignated by subparagraph (B))—
in clause (i), by striking “subparagraph (A)” and inserting “subparagraphs (A) and (B)”; and
in clause (ii), by inserting “, subject to subparagraph (B),” after “unsubsidized loan”;
by striking “and” at the end of paragraph (8);
by striking the period at the end of paragraph (9) and inserting “; and”; and
by adding at the end the following new paragraph:
“(10) the amount of the principal and interest on a borrower’s loans repaid or canceled under paragraph (7) shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986.”
Sec. 54909 Excluding loans forgiven under certain repayment programs from gross income
Section 455(e)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)(2)) is amended—
in the paragraph heading, by inserting “and forgiveness” after “repayment”; and
by adding at the end the following: “The amount of the principal and interest on a borrower’s loans forgiven pursuant to income contingent repayment shall not be included in the gross income of the borrower for purposes of the Internal Revenue Code of 1986.”.
TT Financial Aid Fairness For Students Act
Sec. 55001 Short title
This title may be cited as the “Financial Aid Fairness for Students Act” or the “FAFSA Act”.
Sec. 55002 Findings
Congress finds the following:
Expanding the ability of low- and middle-income borrowers to pursue higher education is critical to reversing decades of exclusionary policies that have adversely impacted people of color.
Under current law, individuals with drug-related offenses are precluded from accessing Federal grants, loans, and work-study aid pursuant to section 484(r) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)), commonly referred to as the “Aid Elimination Penalty”.
The Free Application for Federal Student Aid (FAFSA) screens applicants for Federal financial aid based on her or his history of drug offenses.
Given that criminal sentencing laws in the United States disproportionately impact racial minorities and low-income communities, the Aid Elimination Penalty may disproportionately hinder these same groups from accessing Federal financial aid.
Recognizing that an educated citizenry is the powerhouse of the Nation, that higher education allows Americans to access well-paying jobs, healthcare, strong interpersonal relationships and a higher quality of life, the Federal Government should incentivize the pursuit of higher education while ensuring equality of opportunity.
Sec. 55003 Repeal of suspension of eligibility under the Higher Education Act of 1965 for grants, loans, and work assistance for drug-related offenses
Repeal— Subsection (r) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091(r)) is repealed.
Revision of FAFSA form— Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following:
“(i) Convictions—The Secretary shall not include any question about the conviction of an applicant for the possession or sale of illegal drugs on the FAFSA (or any other form developed under subsection (a)).”
in section 428(b)(3) (20 U.S.C. 1078(b)(3))—
in subparagraph (C), by striking “485(l)” and inserting “485(k)”; and
in subparagraph (D), by striking “485(l)” and inserting “485(k)”;
in section 435(d)(5) (20 U.S.C. 1085(d)(5))—
in subparagraph (E), by striking “485(l)” and inserting “485(k)”; and
in subparagraph (F), by striking “485(l)” and inserting “485(k)”;
in section 484 (20 U.S.C. 1091)—
by striking subsection (r); and
by redesignating subsections (s) and (t) as subsections (r) and (s), respectively;
in section 485 (20 U.S.C. 1092)—
by striking subsection (k); and
by redesignating subsections (l) and (m) as subsections (k) and (l), respectively; and
in section 487(e)(2)(B)(ii)(IV) (20 U.S.C. 1094(e)(2)(B)(ii)(IV)), by striking “(l) of section 485” and inserting “(k) of section 485”.
UU Supporting the Teaching Profession Through Revitalizing Investments in Valuable Educators
Sec. 55101 Short title and findings
Short title— This subtitle may be cited as the “Supporting the Teaching profession through Revitalizing Investments in Valuable Educators Act” or the “STRIVE Act”.
Findings— Congress finds the following:
States identified significant teacher shortages in their reports to the Department of Education during the 2017–2018 school year, with 46 States and the District of Columbia identifying shortages in special education, 47 States and the District of Columbia identifying teacher shortages in mathematics, 43 States identifying teacher shortages in science, 32 States identifying shortages in teachers of English learners, and 32 States identifying teacher shortages in career and technical education. One reason for the shortages in these areas is because mathematics and science teachers can earn significantly higher starting salaries in the private sector. Further, rural communities face limitations in recruiting and retaining teachers for reasons such as funding issues, limited teacher supply, and geographic isolation.
Students in high-poverty and high-minority schools, both urban and rural, typically feel the largest impact of teacher shortages. These schools often experience difficulty hiring and high turnover on a regular basis, and they are the most severely affected when teacher shortages become widespread. This happens, in part, because inequitable funding of schools leaves many low-wealth urban and rural communities with inadequate resources, so they must pay lower salaries and typically have poorer working conditions.
According to a study by Mathematica, when high-performing teachers were offered large financial incentives to transfer to low-performing schools, their students’ scores climbed 10 points in reading and 9 points in math compared to students statewide over 2 years.
According to a survey conducted by Scholastic, 97 percent of teachers list supportive school leadership as essential or very important for retaining strong teachers and improving student achievement, more than any other factor.
Research suggests that incurring postsecondary education debt can decrease the likelihood that high-achieving students, lower-income students, and students of color choose to work in lower-wage professions in general, especially in the education system. Therefore, loan forgiveness and service scholarships for educators may be especially effective for recruiting teachers and school leaders from diverse, lower-income backgrounds.
According to the Learning Policy Institute, teacher loan forgiveness and service scholarship programs can be successful in both recruiting and retaining teachers. To be effective, these programs should provide a financial benefit that meaningfully offsets the cost of a teacher’s professional preparation. This includes covering licensing and certification costs.
A 2015 Government Accountability Office study and a 2018 follow up study by the Department of Education of Federal grant and loan forgiveness programs for teachers found that the structure of these programs matters. Further research shows effective loan forgiveness and service scholarship programs follow 5 design principles. These programs—
cover all or a large percentage of tuition;
target high-need fields or schools, or both;
recruit candidates who are academically strong, committed to teaching, and well-prepared;
commit recipients to teach with reasonable incentives to fulfill their commitment; and
are bureaucratically manageable for participating teachers, local educational agencies, and institutions of higher education.
The TEACH grant program under subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.) provides up to $16,000 in grants to prospective teachers who agree to teach in low-income schools and high-need subject areas for 4 years. This is far below the Department of Education’s most recent estimate of the average annual cost of approximately $25,409 in tuition, fees, and room and board at the average full-time undergraduate 4-year institution.
The National Center for Education Statistics found that more than 2/3 of the individuals entering the education field borrow money to pay for their higher education. Teachers with a bachelor’s degree have an average debt of $20,000 and teachers with a master’s degree have an average debt of $50,000. Teachers also start out earning 20 percent less than their peers with comparable degrees who pursue jobs outside of education. According to a report by the Center for American Progress, in more than 30 States, a mid-career teacher heading a family of 4 is eligible for several forms of government assistance, including the free and reduced-price lunch program for their children. These compounding factors can disincentivize prospective teachers from entering the profession.
In evaluating the TEACH grant program, the Government Accountability Office found that almost 2/3 of the requests for assistance under the program from October 2011 through March 2014 cited problems submitting certification paperwork. The Government Accountability Office recommended improvements in the program’s design, including reducing burdensome annual paperwork, increasing awareness about the program, and streamlining the dispute process.
Spending by teachers on school supplies adds up to $1,600,000,000 per year nationally. According to the Education Market Association, most teachers spend around $500, with 10 percent spending $1,000 or more.
Teacher quality partnerships are designed to strengthen higher education-based teacher and school leader preparation. Studies show that teachers who are better prepared to enter the classroom stay longer and perform better than their underprepared peers. Teacher quality partnerships also fund programs like induction and mentoring that have been shown to increase teacher and school leader retention. Research indicates that the ongoing support for teachers provided by teacher quality partnerships, including mentoring and coaching, is an important part of early childhood education programs.
According to the Center for Education Data and Research, a more diverse teaching workforce leads to better student outcomes, particularly in high-poverty environments with significant at-risk student populations. Further, researchers from Vanderbilt University found that greater racial and ethnic diversity in the principal corps benefits students, especially children of color. Three commonly cited rationales for this benefit are—
students of color benefit from seeing minority adult role models in a position of authority;
the higher expectations that teachers of color tend to place on students of color; and
the effect of cultural differences between teachers of different backgrounds on instructional strategies and interpretation of students’ behavior.
According to the report entitled “Empowered Educators: How Leading Nations Design Systems for Teaching Quality”, effective teacher preparation successfully integrates theory and practice components. Further, according to the “Preparing Teachers for a Changing World” report sponsored by the National Academy Foundation, highly effective teachers vary in styles, yet have many teaching strategies in common. Research has identified a set of knowledge, skills, and dispositions essential for beginning teachers that should be incorporated into the teacher education curriculum. This includes the opportunity and capacity to reflect on and evaluate skills and to learn from practice. Evidence-based teacher preparation includes developing teacher skills, content knowledge, inquiry, and the capacity to provide effective learning experiences for a diverse set of students.
As it does in medicine, the Federal Government should maintain a substantial, sustained program of service scholarships or loan forgiveness programs that cover training costs in high-quality preparation programs at the undergraduate or graduate level for those who will teach in a high-need field or location for at least 4 years, as candidates are much more likely to remain in the profession and to make a difference for student achievement after 3 years of teaching. State governments can augment such an approach with programs targeted to specific local needs.
Research has shown the impact cultural competence can have on closing student achievement gaps and improving student outcomes by incorporating racial and ethnic minority contributions in curricula and diversifying pedagogical practices. Cultural competence is both a moral and ethical responsibility to create a welcoming environment for students to succeed. The impact of having educators who have the ability to challenge and motivate diverse student populations can dramatically improve our educational system and student outcomes.
1 Improving teacher support under the Elementary and Secondary Education Act of 1965
Sec. 55111 Mandatory funding for programs preparing, training, and recruiting high-quality teachers, principals, or other school leaders
Section 2003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603) is amended—
in the section heading, by striking “Authorization of appropriations” and inserting “Funding”; and
by striking subsection (a) and inserting the following:
“(a) Appropriations for part A
“(1) In general—For fiscal year 2020 and each subsequent fiscal year, there are authorized to be appropriated, and there are appropriated, out of any funds not otherwise appropriated, $3,200,000,000 to carry out part A.
“(2) Reservation for mentoring grants—For each fiscal year for which the total amount appropriated under paragraph (1) is greater than $2,200,000,000, the Secretary shall, after making any reservations under section 2101(a), reserve 50 percent of the additional amount to establish a grant program that awards grants, on a competitive basis, to States for the establishment of a mentoring program for all beginning elementary school and secondary school teachers and beginning early childhood educators in all local educational agencies in the States.
“(3) Reservation for professional development grants—For each fiscal year for which the total amount appropriated under paragraph (1) is greater than $2,200,000,000 the Secretary shall, after making any reservations under section 2101(a), reserve 10 percent of the additional amount to award grants to States, based on allotments through a formula determined by the Secretary to best accomplish the purposes of this title, to enable such States to establish or enhance professional development in-service and pre-service opportunities for school leaders, including efforts to recruit and retain school leaders who are underrepresented in the school leader profession, such as members of racial and ethnic minority groups.
“(4) Additional amount—In this subsection, the term additional amount means the amount by which the funds appropriated under paragraph (1) for a fiscal year exceeds $2,200,000.”
2 Teacher loan forgiveness programs
Sec. 55121 Teacher loan forgiveness programs and grants
Repayment plan for qualifying teachers—
In general— Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following:
“(r) Repayment plan for qualifying teachers
“(1) In general—The Secretary shall cancel a portion, in accordance with paragraph (2), of the balance of interest and principal due on any eligible Federal Direct Loan not in default for a borrower who, in a 12-month time period—
“(A) has made 12 consecutive on-time monthly payments on the eligible Federal Direct Loan, in an amount equal to or greater than the amount of payments for the borrower under an income-based repayment plan under section 493C (regardless of whether some or all of those payments were made before the effective date of the Supporting the Teaching profession through Revitalizing Investments in Valuable Educators Act); and
“(B)
“(i) is employed in a qualifying teaching position, regardless of subject matter area, at the time of such forgiveness; and
“(ii) has been employed in a qualifying teaching position, regardless of subject matter area, during the period in which the borrower made each of the 12 payments described in subparagraph (A).
“(2) Loan cancellation amount
“(A) In general—The portion to be cancelled under this paragraph shall be—
“(i) for each of—
“(I) the first 5 years that the borrower qualifies under paragraph (1), in the case of a borrower employed for such year in a full-time qualifying teaching position in the subject of English as a second language, science, technology, engineering, mathematics, special education, or career and technical education, 15 percent of the balance of principal and interest due on all of the eligible Federal Direct Loans of the borrower, as of the final day of that 1-year employment period; or
“(II) the first 6 years (or the equivalent calculated under subparagraph (B)(i)) that the borrower qualifies under paragraph (1)—
“(aa) in the case of a borrower employed for such year in a full-time qualifying teaching position in a subject that is not described in subclause (I), 10 percent of the balance of principal and interest due on all of the eligible Federal Direct Loans of the borrower, as of the final day of that 1-year employment period; or
“(bb) in the case of a borrower employed for such year in a part-time qualifying teaching position (regardless of subject), 5 percent of the balance of principal and interest due on all of the eligible Federal Direct Loans of the borrower, as of the final day of that 1-year employment period; and
“(ii) after the borrower has received partial loan cancellation described in clause (i)—
“(I) for 5 years, in the case of a borrower described in clause (i)(I), and then qualifies for loan cancellation under paragraph (1) for a sixth year, all of the borrower's remaining obligation to repay the balance of principal and interest due, as of the date of such calculation, on all of the eligible Federal Direct Loan made to a borrower; or
“(II) for 6 years (or the equivalent calculated under subparagraph (B)(i)), in the case of a borrower described in clause (i)(II), and then qualifies for loan cancellation under paragraph (1) for a seventh year (or the equivalent calculated under subparagraph (B)(ii)), all of the borrower's remaining obligation to repay the balance of principal and interest due, as of the date of such calculation, on all of the eligible Federal Direct Loan made to a borrower.
“(B) Special rule regarding part-time teaching
“(i) General rule—In the case of a borrower who qualifies for loan cancellation under subparagraph (A) for one or more years through a part-time qualifying teaching position, the Secretary shall determine when the equivalent of 6 years of partial cancellation for full-time employment has been met for purposes of subparagraph (A)(ii)(II) by giving the borrower credit for one-half of a year for each year that the borrower receives partial part-time cancellation under subparagraph (A)(i)(II)(bb).
“(ii) Rule for final cancellation—A borrower who wishes to complete the equivalent of the seventh year of teaching necessary for complete cancellation under subparagraph (A)(ii)(II) through employment in a part-time qualifying teaching position—
“(I) shall be required to qualify for loan cancellation through a part-time qualifying teaching position for 2 additional years; and
“(II) notwithstanding subparagraph (A), shall receive partial cancellation, in accordance with subparagraph (A)(i)(II)(bb), for the first of such 2 years.
“(C) Change in subject taught—In any case where a teacher first qualifies for loan cancellation under subparagraph (A)(i)(II) and then, in a subsequent year, teaches in a full-time qualifying teaching position in a subject described in subparagraph (A)(i)(I), the percentage of loan forgiveness provided to the teacher for each academic year of full-time teaching in such a subject shall be 15 percent, until the teacher qualifies for cancellation in the seventh year under subparagraph (A)(ii)(II).
“(3) Eligibility provisions
“(A) Certification—A borrower who desires to participate in the repayment plan under this subsection shall submit to the Secretary an employer certification, as required by the Secretary, of the employment dates for the qualifying service.
“(B) Ineligibility for double benefits
“(i) In general—No borrower may, for the same service, receive a reduction of loan obligations under both this subsection and section 428J, 428K, 428L, or 460.
“(ii) Ineligibility of education award—No borrower may count any payments made from an education award received under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.) toward the payments required under paragraph (1).
“(C) Continued eligibility—A teacher who is employed, for consecutive years (excluding a documented medical leave of absence or military service), in a qualifying teaching position at a school that meets the requirements of paragraph (6)(C)(i) for a school year but fails to meet such requirements in subsequent years, shall be deemed to be in a qualifying teaching position, for purposes of this subsection, for all of the consecutive subsequent years during which the teacher remains at the school.
“(4) State certification
“(A) State responsibilities—Each State educational agency that receives assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall provide to the Secretary an annual list of the elementary schools and secondary schools in the State that meet the requirements of subclauses (I) and (II) of paragraph (6)(C)(i).
“(B) Dissemination of school lists—The Secretary shall—
“(i) in coordination with the Secretary of the Interior, develop a list of elementary schools and secondary schools that meet the requirement of paragraph (6)(C)(i)(III); and
“(ii) make the lists developed under clause (i) and provided under subparagraph (A) easily accessible for applicants and recipients of TEACH Grants.
“(5) Special deferral
“(A) In general—In addition to any deferment for which a borrower of an eligible Federal Direct Loan may be eligible under section 455(f), a borrower shall be eligible for deferment, as described in section 455(f)(1), for a period not in excess of 2 years if—
“(i) the borrower has qualified for partial loan forgiveness under paragraph (1) for the immediately preceding year; and
“(ii) the borrower is unable to continue working in a qualified teaching position during the period of deferment, due to—
“(I) extenuating or unforeseen financial circumstances or health reasons; or
“(II) other extraordinary circumstances as determined by the Secretary.
“(6) Definitions—In this subsection:
“(A) Eligible Federal direct loan—The term eligible Federal Direct Loan means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan.
“(B) Part-time—The term part-time, when used in reference to a teacher for a particular school year, means a teacher who works in such year a number of hours that is not less than 50 percent, but less than 100 percent, of the hours worked by an average full-time teacher in the local educational agency that serves the area where the teacher is employed.
“(C) Qualifying teaching position—The term qualifying teaching position means part-time or full-time employment (not including a short-term substitute teaching assignment)—
“(i) in—
“(I) a public or nonprofit private elementary school or secondary school that, for the purpose of this subparagraph and for that year—
“(aa) has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the school is located) to be a school in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 70 percent of the total number of children enrolled in such school; and
“(bb) is in the school district of a local educational agency that is eligible in such year for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965;
“(II) a public or nonprofit private elementary school or secondary school served by an educational service agency, or a location operated by an educational service agency, that, for the purpose of this subparagraph and for that year, has been determined by the Secretary (pursuant to regulations of the Secretary and after consultation with the State educational agency of the State in which the educational service agency operates) to be a school or location at which the number of children taught who meet a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children taught at such school or location;
“(III) an elementary school or secondary school that is funded by the Bureau of Indian Education; or
“(IV) in the case of an individual who is an early childhood educator, an early childhood education program;
“(ii) through which the individual provides direct classroom teaching, or classroom-type teaching in a nonclassroom setting, including—
“(I) special education teachers;
“(II) career and technical education teachers;
“(III) teachers in the field of science, technology, engineering, mathematics, or other subjects;
“(IV) early childhood educators;
“(V) English as a second language teachers; and
“(VI) teachers of a Native American language (as defined in section 103 of the Native American Languages Act (25 U.S.C. 2902)); and
“(iii) with respect to which the individual meets the requirements of an effective teacher or effective early childhood educator, as determined by the State in accordance with part A of title I and title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq., 6601 et seq.).”
Effective date— The amendment made by this subsection shall be effective on the date that is 1 year after the date of enactment of this Act.
Tax treatment of cancellation of student loans—
In general— Subsection (f) of section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(6) Cancellations under STRIVE Act teacher loan forgiveness programs—In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income for the taxable year by reasons of the cancellation (in whole or in part) under section 455(r) of the Higher Education Act of 1965 of any eligible Federal Direct Loan (as defined in section 455(r)(6)(A) of such Act).”
Effective date— The amendment made by this subsection shall apply to cancellations of indebtedness after the date that is 1 year after the date of the enactment of this Act.
Sec. 55122 TEACH Grants
Amendments— Subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.) is amended—
in section 420L (20 U.S.C. 1070g), by striking paragraph (1) and inserting the following:
“(1) Eligible institution—The term eligible institution has the meaning given the term “teacher, principal, or other school leader preparation academy” in section 2002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6602).”
in section 420N (20 U.S.C. 1070g–2)—
in the matter preceding clause (i) of subsection (a)(2)(B), by inserting “, including an early childhood teacher (defined in this section as a teacher who has primary responsibility for the learning and development of children within an early childhood education program),” after “prospective teacher”;
in subsection (c)—
by striking “Service” and all that follows through “event” and inserting the following:
“(1) In General—In the event”
by inserting “paragraph (2) and the” after “in accordance with”; and
by adding at the end the following:
“(2) Partial forgiveness of repayment—In the event that a recipient described in paragraph (1) has fulfilled a portion of the service obligation in the agreement under subsection (b), the amount that is treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV and subject to repayment (together with the interest thereon) for that recipient shall be reduced by an amount that bears the same ratio to the total amount of the recipient's grant under this subpart as the amount of time the recipient has fulfilled of the recipient's service obligation bears to the total amount of time of the service obligation in the agreement under subsection (b).”
in subsection (d)—
by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;
in paragraph (2), as redesignated by clause (i), by striking “subsection (b)(1)(C)(vii)” and inserting “paragraph (1)”; and
by inserting before paragraph (2), as redesignated by clause (i), the following:
“(1) High-Need Designation—The Secretary shall develop, periodically update, and publish a list of designated high-need fields for purposes of this subpart.”
Simplification of the application process and streamlining the TEACH grant dispute process— Section 420P of the Higher Education Act of 1965 (20 U.S.C. 1070g–4) is amended—
in the section heading, by inserting “; program improvement” after “Program report”;
by striking “Not later” and inserting the following:
“(a) Program report—Not later”
by adding at the end the following:
“(b) Program improvement—By not later than 6 months after the date of enactment of the Supporting the Teaching profession through Revitalizing Investments in Valuable Educators Act, and periodically thereafter, the Secretary shall—
“(1) work with States to identify and implement a process for increasing awareness of, and simplifying the application process for—
“(A) TEACH Grants;
“(B) loan forgiveness, in accordance with section 420N(c)(2), for any amount of a TEACH Grant to a student that is converted to a loan under section 420N(c)(1); and
“(C) waivers of the service obligation for TEACH Grants, in accordance with section 420N(d)(3); and
“(2)
“(A) review the procedures, including the dispute resolution procedures, of the process through which the service obligation of a recipient of a TEACH grant is converted to a loan under section 420N(c)(1) or waived under section 420N(d)(3); and
“(B) disseminate and make publicly available and easily accessible to the appropriate audiences clear, consistent information on the procedures, including—
“(i) an explanation that recipients have an option to dispute the conversion or waiver decision;
“(ii) how a recipient can initiate a dispute; and
“(iii) the specific criteria considered in the adjudicating process.”
Data regarding Federal loan forgiveness and service scholarship programs— Each year, the Secretary of Education shall prepare and make publicly available data on the Federal loan forgiveness and service scholarship programs administered by the Secretary, including, for each program and for the most recent year for which data are available, the rates of loan cancellation under such program, the rates of completion of any service requirement required for the program, and the conversion rate regarding how many grants or scholarships are converted to loans for repayment based on the student's failure to complete the program or any required service obligation.
Effective date— This section, and the amendments made by this section, shall take effect on July 1, 2020.
Sec. 55123 Program To subsidize teacher certification and licensing fees
In general— Subpart 9 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.), as amended by this subtitle, is further amended by adding at the end the following:
“420Q. Program to subsidize teacher certification and licensing fees
“(a) Definitions—In this section:
“(1) Low-income individual—The term low-income individual has the meaning given the term in section 402A(h).
“(2) Teaching profession—The term “teaching profession” includes elementary education, secondary education, and early childhood education.
“(b) Program authorized—From amounts appropriated under subsection (f), the Secretary shall award grants, from allotments under subsection (c), to institutions of higher education to subsidize teacher certification and licensing fees for low-income individuals who have accepted a teaching position.
“(c) Allotments—For each fiscal year, an institution of higher education that has submitted a complete application under subsection (d) shall receive an allotment that bears the same relation to the amounts appropriated under subsection (f) as the number of low-income students that graduated from the institution of higher education, in the most recent year for which data are available (as determined by the Secretary), bears to the total number of low-income students graduating, in such most recent year, from all institutions of higher education that have submitted applications.
“(d) Application—An institution of higher education desiring an allotment under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(e) Use of funds
“(1) In general—An institution of higher education receiving funds under this program shall use the funds to reimburse or subsidize the teacher or early childhood educator examination and other certification or licensure fees for low income individuals entering the teaching profession, or in the early stages of their teaching career, who attend a teacher preparation program in the State in which the institution is located, which may include fees for—
“(A) additional certification or licensure for the individual in a high-need field included on the list described in section 420N(d)(1);
“(B) National Board certification;
“(C) maintaining active status with a professional disciplinary organization aligned with the high-need field included on the list described in section 420N(d)(1); or
“(D) in the case of early childhood educators, further education necessary in order to become highly competent and successfully take such examination or obtain such certification or licensure (such as English as a second language classes, community college courses, and continuing and distance education).
“(2) Priority in reimbursement—An institution of higher education receiving an allotment under this section shall, in reimbursing or subsidizing fees in accordance with paragraph (1), give a priority to teachers and early childhood educators who are members of populations underrepresented in the teaching or early childhood care profession, respectively.
“(f) Authorization of appropriations—There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2020 and each of the 5 succeeding fiscal years.”
Effective date— The amendment made by this section shall take effect on July 1, 2020.
VI Teacher Quality Partnerships
Sec. 55201 Purpose
Sec. 55202 Providing access for early childhood educators and school leaders to training programs
Definition of early childhood education program— Section 103(8)(C)(i) of the Higher Education Act of 1965 (20 U.S.C. 1003(8)(C)(i)) is amended by striking “age six” and inserting “age six, or the age of entry into elementary school, and”.
Broadening definitions— Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended—
in paragraph (4), by inserting “and includes an individual employed as a master teacher, lead teacher, or classroom aide” before the period at the end;
in paragraph (6)(A)(ii)(II), by striking “as applicable,”;
in paragraph (14)—
in the matter preceding subparagraph (A)—
by inserting “, and for new early childhood educators during not less than the educators' first two years of teaching,” after “two years of teaching”; and
by inserting “or beginning early childhood educators” after “beginning teachers”;
in subparagraph (A), by striking “teacher mentoring” and inserting “teacher and educator mentoring”;
in subparagraph (B)—
by inserting “or early childhood educators, as the case may be,” after “with teachers”;
by striking “mentor teachers” and inserting “mentor teachers or early childhood educators”; and
by inserting “or early childhood educators” after “among teachers”;
in subparagraph (D), by striking “new teachers” and inserting “new teachers and new early childhood educators”;
in subparagraph (F)(ii), by inserting “and early childhood educators” after “teachers”;
in subparagraph (G)—
by inserting “and exemplary early childhood educators” after “exemplary teachers”; and
by inserting “and early childhood educators” after “new teachers”; and
in subparagraph (I), by inserting “and early childhood educators” after “new teachers”;
in paragraph (21)—
in the paragraph heading, by striking “Teacher mentoring” and inserting “Teacher and educator mentoring”;
in the matter preceding subparagraph (A)—
by striking “teacher mentoring” and inserting “teacher and educator mentoring”; and
by inserting “and early childhood educators” after “prospective teachers”;
in subparagraph (A), by striking “teacher mentors” and inserting “mentor teachers or, in the case of prospective early childhood educators, mentor early childhood educators,”; and
in subparagraph (C), by inserting “, or in a high-need early childhood education program,” after “local educational agency”; and
in paragraph (22)—
in the paragraph heading, by striking “teaching residency program” and inserting “teacher and educator residency program”;
in the matter preceding subclause (A)—
by striking “teaching residency program” and inserting “teacher or educator residency program”;
by inserting “, or an early childhood education program-based preparation program for early childhood educators,” after “teacher preparation program”; and
by inserting “or early childhood educator” after “prospective teacher”;
in subparagraph (A), by striking “mentor teacher” and inserting “mentor teacher or early childhood educator”;
in subparagraph (B), by inserting “or early childhood educator” after “the teacher”; and
by striking subparagraph (D) and inserting the following:
“(D) prior to completion of the program—
“(i) in the case of a prospective teacher—
“(I) attains full State certification or licensure and, with respect to a special education teacher, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and
“(II) acquires a master's degree not later than 18 months after beginning the program; and
“(ii) in the case of a prospective early childhood educator—
“(I) becomes highly competent;
“(II) attains full State certification or licensure; and
“(III) acquires a baccalaureate degree or an associate's degree not later than 6 years after beginning the program.”
in paragraph (2)—
by inserting “and early childhood educators” after “prospective and new teachers”;
by inserting “and early childhood educators” after “prospective teachers”; and
by inserting “and early childhood educators” after “for new teachers”;
in paragraph (3), by inserting “and early childhood educators” after “preparing teachers”; and
in paragraph (4), by inserting “and early childhood education” before “force”.
Including early childhood educators in partnership grants— Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is amended—
in subsection (b)—
in paragraph (1), by striking “, as applicable,”;
in paragraph (2), by inserting “and early childhood educators” after “teachers”;
in paragraph (3), by inserting “and early childhood educators” after “teachers”;
in paragraph (4)—
in subparagraph (A), by inserting “or early childhood educator” after “teacher”; and
in subparagraph (B), by inserting “or early childhood educator” after “teacher”;
in paragraph (6)—
in subparagraph (E)(i), by striking “, as appropriate,”;
in subparagraph (F), by inserting “and early childhood educators” after “general education teachers”; and
in subparagraph (G), by inserting “and early childhood educators” after “special education teachers”; and
in paragraph (7)—
in subparagraph (A), by inserting “and early childhood educators” after “prepare teachers”; and
in subparagraph (C)—
by striking “new teachers” each place the term appears and inserting “new teachers and new early childhood educators”;
by striking “high-need local educational agency” each place the term appears and inserting “high-need local educational agency or early childhood education program”; and
by striking “new teachers' teaching skills” and inserting “teaching skills of the new teachers and new early childhood educators”;
in subsection (c)(1)—
by inserting “and early childhood educators” after “teachers”; and
by striking “teaching residency program” and inserting “teacher and educator residency program”;
in subsection (d)—
in paragraph (1)—
in subparagraph (A)—
in the matter preceding clause (i), by striking “, as applicable,”;
in clause (i)—
in subclause (II), by striking “, as applicable,”; and
in subclause (III), by striking “as applicable,”; and
in clause (ii), by striking “and, as applicable, techniques for early childhood educators” and inserting “and, for early childhood educators, techniques,”; and
in subparagraph (B)(ii)—
in the matter preceding subclause (I), by striking “, as applicable,”; and
in subclause (IV)—
in item (aa), by striking “and” after the semicolon;
in item (bb), by inserting “and” after the semicolon; and
by adding at the end the following:
“(cc) provide culturally responsive and inclusive learning environments for all students;”
in paragraph (2)—
in the matter preceding subparagraph (A), by striking “, as applicable,”;
in subparagraph (A)(ii), by striking “(as applicable)”; and
in subparagraph (C), by striking “teacher mentoring” and inserting “teacher and educator mentoring”;
in paragraph (5)—
in the paragraph heading, by inserting “and early childhood educator” after “Teacher”;
in the matter preceding subparagraph (A)—
by inserting “or early childhood educators” after “become teachers”; and
by striking “teaching profession” and inserting “teaching and early childhood education profession”; and
in subparagraph (B), by inserting “or early childhood educator” after “teacher”; and
in paragraph (6), in the matter preceding subparagraph (A), by inserting “and early childhood educators” after “teachers”;
in subsection (e)—
in the subsection heading, by striking “Teaching residency” and inserting “Teacher and educator residency”;
by striking “teaching residency” each place the term appears and inserting “teacher and educator residency”;
in paragraph (1)—
in subparagraph (A), by inserting “or high-need early childhood education program” before “in the partnership”;
in subparagraph (B)—
by inserting “or early childhood education program” after “receiving school”; and
by striking “mentor teachers” and inserting “mentor teachers or early childhood educators”; and
in subparagraph (C)—
in the matter preceding clause (i), by striking “teaching residents” and inserting “teacher or early childhood educator residents”;
in clause (ii), by striking “teacher mentoring” and inserting “teacher and educator mentoring”; and
in clause (iii), by striking “new teachers” and inserting “new teachers or early childhood educators”; and
in paragraph (2)—
in the paragraph heading, by striking “Teaching” and inserting “Teacher and Educator”;
in subparagraph (A)—
in the matter preceding clause (i)—
by striking “teaching residencies” and inserting “teacher and educator residencies”;
by inserting “and early childhood educators” after “teachers”; and
by inserting “and high-need early childhood education programs” after “high-need schools”;
in clause (i), by striking “teacher mentoring” and inserting “teacher and educator mentoring”;
in clause (iii)—
in the matter preceding subclause (I), by striking “mentor teacher” and inserting “mentor teacher or early childhood educator”;
in subclause (II), by inserting “and early childhood educators” after “new teachers”;
in subclause (III), by striking “teaching duties” and inserting “teaching or educating duties”; and
in subclause (IV), by inserting “or early childhood educators” after “teachers”;
in clause (iv), by striking “mentor teachers” and inserting “mentor teachers and early childhood educators”;
in clause (vi)—
in subclause (I)—
by inserting “or early childhood education program” after “local educational agency”; and
by inserting “or program” after “such agency”; and
in subclause (II), by inserting “or early childhood education” after “teaching”; and
in clause (vii)—
by striking “teaching residents” and inserting “teacher or educator residents”;
by inserting “or early childhood educators” after “teachers”; and
by inserting “or work as an early childhood educator” after “two years of teaching”; and
in subparagraph (C)—
in clause (i), by striking “teaching residents” and inserting “teacher and educator residents”;
in clause (ii), by striking “teacher residency” and inserting “teacher or educator residency”;
in clause (iii)—
in subclause (I), by inserting “or early childhood educator” after “teacher”;
by striking subclause (II) and inserting the following:
“(II)
“(aa) in the case of a teacher applicant, fulfill the requirement under subclause (I) by teaching in a high-need school served by the high-need local educational agency in the eligible partnership and teach a subject or area that is designated as high need by the partnership; or
“(bb) in the case of an early childhood educator applicant, fulfill the requirement under subclause (I) by teaching in a high-need early childhood education program;”
in subclause (IV), by inserting “, or, in the case of an early childhood educator, will be highly competent,” after “Act,”; and
in clause (iv)—
in subclause (I), by striking “A grantee carrying out” and inserting “Subject to subclause (II), a grantee carrying out”;
by redesignating subclauses (II) and (III) as subclauses (III) and (IV), respectively;
by inserting after subclause (I) the following:
“(II) Exceptions to repayment requirement—An eligible partnership carrying out a teacher and educator residency program under this paragraph shall not require repayment under this clause by a recipient if the recipient is unable to complete the teacher and educator residency program, or the service requirement, due to—
“(aa) extenuating or unforeseen financial circumstances, health reasons, or personal or family obligations;
“(bb) incapacitation;
“(cc) inability to secure employment in a school served by the eligible partnership;
“(dd) being called to active duty in the armed forces of the United States; or
“(ee) other extraordinary circumstances.”
in subclause (III), as redesignated by item (bb), by striking “on grounds” and all that follows through the period at the end and inserting “on grounds not covered under subclause (II).”;
in subsection (f)(1)—
in subparagraph (B)—
in clause (i), by inserting “or early childhood education program” after “school”;
in clause (ii), by inserting “or early childhood educators” after “teachers”;
in clause (iii), by striking “teacher instruction and drive teacher and student learning” and inserting “teacher or early childhood educator instruction and drive the learning of teachers or early childhood educators, and students”; and
in clause (iv), by striking “school environment” and inserting “school or early childhood education program environment”; and
in subparagraph (D)(i)—
in subclause (I), by inserting “, or in high-need early childhood education programs” before the semicolon at the end; and
in subclause (II)—
by inserting “or early childhood educators” after “teachers”; and
by inserting “or high-need early childhood education programs” before the period at the end; and
in subsection (g)—
by inserting “or early childhood educator” after “pre-baccalaureate teacher”; and
by inserting “or early childhood educators” before the period at the end.
Accountability, evaluation, and information— Section 204 of the Higher Education Act of 1965 (20 U.S.C. 1022c) is amended—
in subsection (a)—
in paragraph (1), by inserting “or early childhood educators” after “teachers”;
in paragraph (2), by inserting “, and early childhood educator retention in the first three years of an early childhood educator's career” before the semicolon at the end;
in paragraph (3)—
by inserting “(A)” before “improvement”; and
by adding at the end the following:
“(B) in the case of eligible partnerships offering programs that lead to State certification or licensure of early childhood educators, improvement in the pass rates and scaled scores for initial State certification or licensure of early childhood educators; and”
in paragraph (4)(F), by striking “as applicable,”; and
in subsection (b)—
by striking “shall ensure” and inserting the following:
“(1) ensure”
by striking “part.” and inserting the following:
“(2) in the case of an eligible partnership that offers an early childhood education program that does not lead to State licensure or certification as an early childhood educator, clearly indicate that fact in the information provided regarding the early childhood program through the grant and any reports submitted under this part.”
Accountability for preparation programs— Section 205 of the Higher Education Act of 1965 (20 U.S.C. 1022d) is amended—
in the section heading, by inserting “and early childhood educators” after “teachers”;
by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;
by inserting after subsection (b) the following:
“(c) State report card on the quality of early childhood educators
“(1) In general—Each State that receives funds under this Act shall provide to the Secretary, and make widely available to the general public, in a uniform and comprehensible manner that conforms with the definitions and methods established by the Secretary, an annual State report card on the quality of early childhood educator preparation programs that lead to early childhood educator licensure or certification in the State.
“(2) Additional content—Each State report card issued under this subsection shall also include an explanation of—
“(A) how the State is making early childhood educators aware of available tax credit programs, scholarship programs, and loan programs; and
“(B) how the State is implementing or designing flexible early childhood educator preparation programs.”
in subsection (e), as redesignated by paragraph (2)—
in paragraph (1), by inserting “and on early childhood educator qualifications and preparation in the United States, including the information described in subsection (c)(2)” after “subsection (b)(1)”; and
in each of subparagraphs (A) and (B) of paragraph (2), by striking “teaching force” and inserting “teacher and early childhood educator force”.
Enhancing teacher, early childhood, and school leader education through centers of excellence— Subpart 2 of part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1033 et seq.) is amended—
in section 241(1)(A) (20 U.S.C. 1033(1)(A)), in the matter preceding clause (i), by striking “teacher preparation” each place the term appears and inserting “teacher, early childhood educator, and school leader preparation”;
in section 242(b) (20 U.S.C. 1033a(b))—
in the matter preceding paragraph (1), by striking “future teachers” and inserting “future teachers, early childhood educators, and school leaders”;
in paragraph (1)—
in the matter preceding subparagraph (A)—
by striking “teacher preparation” and inserting “teacher, early childhood educator, and school leader preparation”; and
by striking “teachers who” and inserting “teachers, early childhood educators, and school leaders who”; and
in subparagraph (B)—
in the matter preceding clause (i), by striking “teacher preparation” and inserting “teacher, early childhood educator, and school leader preparation”;
in clause (i), by striking “teachers to” and inserting “teachers, early childhood educators, and school leaders to”; and
in clause (ii), by striking “teaching skills” and inserting “teaching and leadership skills”;
in paragraph (2)—
by inserting “, early childhood educators, and school leaders” after “prospective teachers”;
by inserting “, early childhood educators, and school leaders” after “exemplary teachers”;
by striking “principals, and other administrators” inserting “early childhood educators, and school leaders”; and
by striking “elementary schools or” and inserting “early childhood education programs, elementary schools, or”;
in paragraph (3)—
in the matter preceding subparagraph (A)—
by inserting “or early childhood educators” after “retention of teachers”; and
by striking “highly qualified principals, including minority teachers and principals,” and inserting “highly qualified school leaders, including minority teachers, early childhood educators, and school leaders,”; and
by striking subparagraphs (A) and (B) and inserting the following:
“(A) teacher, early childhood educator, or school leadership mentoring from exemplary teachers, early childhood educators, or school leaders, respectively; or
“(B) induction and support for teachers, early childhood educators, and school leaders during their first three years of employment as teachers, early childhood educators, and school leaders, respectively.”
in paragraph (4), by striking “teacher” and inserting “teacher, early childhood educator, or school leader”;
in paragraph (5), by striking “teacher preparation and successful teacher certification” and inserting “teacher, early childhood educator, and school leader preparation and successful certification”; and
by adding at the end the following:
“(7) Establishing or expanding teacher, early childhood educator, or school leader residency or clinical programs in local low-income elementary schools or secondary schools.”
by adding at the end the following:
“243. Funding
“Notwithstanding any other provision of this title, if the funds appropriated to carry out this title for a fiscal year exceeds $300,000,000, the Secretary shall reserve 50 percent of the amount by which the appropriated funds exceed $300,000,000 to carry out this subpart for such fiscal year.”
Sec. 55203 Mandatory Funding for Teacher Quality Partnership Program
Section 209 of the Higher Education Act of 1965 (20 U.S.C. 1022h) is amended to read as follows:
“209. Authorization and appropriations
“There are authorized to be appropriated to carry out this part, and there are appropriated, out of any money in the Treasury not otherwise appropriated, $350,000,000 for fiscal year 2020 and each subsequent fiscal year.”
VII Prohibition on Federal Funds for Police in Schools
Sec. 55301 Prohibition on federal funds for police in schools
Federal funds prohibition— Notwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.), including the COPS grant program, the Edward Byrne Memorial Justice Assistance Grant Program, or any other provision of law, no Federal funding shall be appropriated or used for hiring, maintaining, or training sworn law enforcement officers to be used or employed in elementary or secondary schools, preschools, or programs based on elementary or secondary schools in any capacity.
COPS grants program— Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended—
In subsection (b), by repealing paragraph (12); and
by adding at the end of the following:
“(n) Prohibition on use of funds for sworn law enforcement officers—A recipient of a grant under this part may not use such funds for sworn law enforcement officers who operate in and around elementary and secondary schools.”